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Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 14112353     EISSN : 25795090     DOI : http://dx.doi.org/10.22373/jms
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
This journal focused on Islamic Law Studies and present developments through the publication of articles, research reports, and book reviews. SCOPE Ahkam specializes on Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol 23, No 2 (2021)" : 7 Documents clear
The Concept of Maqasid al-Shariah As an Instruments of Ijtihad According to Imam al-Shatibi in al-Muwafaqat fi Ushuli Al-Shariah Al Ikhlas Al Ikhlas; Desi Yusdian; Alfurqan Alfurqan; Murniyetti Murniyetti; Nurjanah Nurjanah
Media Syari'ah Vol 23, No 2 (2021)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v23i2.10138

Abstract

As written in al-Muwafaqat fi Ushuli al-Syari'ah, Imam al-Shatibi explained that every divine law (the command of Allah) must be prescribed on purposes. The intended purposes or objective of the law is to fulfill for the benefit of humankind. Imam al-Shatibi divided the higher objectives of law into two categories: (1) the objectives of the Lawgiver (Allah), and (2) the human objectives (the benefits that refer to humankind as the doer of law). The human objectives are defined in three scales: from the ‘essential’ (dharûriyat), to the ‘necessary’ (hajiyât), and to the ‘complementary’ (tahsiniyât). Furthermore, Imam Al-Shatibi explained that there are four steps in understanding the human objectives. The first is understanding maqasid (objectives) through the purity of the command and prohibitions. The second is understanding maqasid through the existence of ‘illah (basis) contained in commands and prohibitions. And the third, understanding the maqasid through the law that related to 'adah (customs) and 'ibadah (worship) which have the main and additional objectives. Fourth, understanding the maqasid through silence on the part of Allah due to the absence of any occasions or circumstances for further declaration related to certain matter. In other word, there is no evidence from the Holy book on certain issue which provides the reasons of the law implementation despite the existence of the meaning (ma’na) behind the revelation.
Al-Dzari'ah Analysis of the Circular Letter of the Directorate General of Islamic Community Guidance Number 06 of 2020 concerning COVID-Safe Marriage Services Faiz Nashrullah; Maratus Shalikhah
Media Syari'ah Vol 23, No 2 (2021)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v23i2.10263

Abstract

The emergence of the coronavirus outbreak impacts the changes in life order in Indonesia, not least on the implementation of marriage covenants. The government changed the marriage procedure as regulated in the Circular Letter of the Directorate General of Islamic Community Guidance No. 06 of 2020 on Marriage Services Towards a Covid-Safe Productive Society. The purpose of this Circular is to reduce the risk of coronavirus transmission. However, the regulation is considered not optimal in minimizing the occurrence of crowds and still causes many transmissions from marriage clusters. This research is library research using two approaches, namely the statute approach and the conceptual approach. The author analyses the regulations in the Circular using the al-dzariah concept to find out whether the circular letter has closed the covid transmission path or not. The result of this study suggests that the circular letter still opens up opportunities for the spread of the Covid-19 virus and has a mafsadah impact on the community, so it is included in the category of sadd al-dzariah. Articles 5 and 6 states that a maximum of 10 people may attend if the marriage is held inside the KUA (Religious Affair Office) and 30 people outside the KUA. The number can be minimized to 6 people without hindering the validity of the marriage, either according to Islamic law or positive law.
Investigating the Construction of Ijma in The Study of Islamic Law through Sociological and Historical Approach Tri Hidayati; Muhammad Syarif Hidayatullah
Media Syari'ah Vol 23, No 2 (2021)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v23i2.10924

Abstract

This paper aims to examine the construction of ijma in the study of Islamic law through sociological and historical approaches. The research looks at qualitative data through literature studies. In legal research methods, this research is categorized as normative legal research with a conceptual approach. The concept of ijma becomes the object of study in this paper. Furthermore, the concept of ijma is examined with socio-historical analysis. The results of the discussion show that the difference in views on the concept of ijma as the basis of Islamic law that must be obeyed, influenced by normative arguments (propositions of the Qur'an and sunnah) which are references and different interpretations of legal propositions held as a basis of opinion. The difference in looking at the concept of ijma that can be used as a Islamic legal argument also begins from the difference in setting the standard of definition and criteria (pillars and conditions) of the ijma itself and considering the capacity of the ijma whether as an opinion of "all" or "majority". In addition, the development of conceptions and laws about ijma is inseparable from the social setting in each period.
A Critical Study of Mukhannath's Law as a Homosexual Argumentation Henri Shalahuddin; Syamsul Badi'; Cep Gilang Fikri Ash-Shufi
Media Syari'ah Vol 23, No 2 (2021)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v23i2.10340

Abstract

The term mukhannath in the study of Islamic law by Muslim feminists is considered to be the basis for the legitimacy of homosexual behavior. Muslim feminists present the meaning of mukhannath as behavior as well as sexual orientation that is permitted in Islam and in accordance with divine nature, so that homosexuality is a natural act in Islam and must be accepted as it is. On that basis, feminists distinguish homosexuality with liwath behavior that can be applied to homosexual, heterosexual and bisexual perpetrators. This is contrary to Islamic teachings/shari'a regarding the heresy of the Prophet Luth a.s who by the muslim scholars are called luthi, namely the perpetrators of liwath. Likewise, in interpreting mukhannath, the feminist framework is built from the concept of gender which is not derived from the treasures of Islamic scholarship or Islamic perspective. For this reason, the author tries to research and analyze the meaning and concept of mukhannath, and straighten it out according to the Islamic worldview. By using the descriptive-analytical method and using the literature as a database, the researchers came to the following conclusions; The meaning of mukhannath is the behavior of men who resemble women in terms of speech, gestures and clothing. This meaning does not recognize the difference between sexual orientation or behavior, but must be returned to the nature of its creation, namely its absolute gender. The muslim scholars have agreed that homosexual translation in Islam is liwath, which in the Qur'an is punished as destroying human nature (fitrah). The nature of creation (fitrah) must be in harmony with divine destiny which is eternal, as well as homosexual law in Islam is qath'i, not mutaghayyirah. For this reason, it is not appropriate if the gender analysis system is built on the basis of relatively social constructs used in the discussion of qath'i Islamic law.
The Legal Reasoning of Judges Behind Determination of Marriage Itsbat Proposal for Siri Marriage Cases (A Study at the Shariyya Court of Banda Aceh) Fadhlia Fadhlia
Media Syari'ah Vol 23, No 2 (2021)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v23i2.9386

Abstract

This study aims to find out what are the judges of the Shariyya (Religious) Court of Banda Aceh rationale when deciding the itsbat (confirmation) of marriage for siri (undocumented) marriage and its legal consequences on this decision. This juridical-empirical research employs two types of data sources: primary and secondary. The information was gathered through the direct interview with the respondent and informants who were selected from purposive sampling. Using qualitative descriptive analysis, it was concluded the judge's determination when dealing with marriage confirmation request were granting, refusing, canceling, revoking or rejecting the proposal. The decision made by the judge has been carefully considered for the sake of common good and also after examined the formal and material requirements. Therefore, a judge has right to grant a proposal of marriages confirmation for an undocumented marriage thus it becomes legal before the law. The applicants can also file a cassation if their proposal were rejected and for the proposal that were declared void/cancelled can make an attempt to reapply. There are some hopes to the government in regard to this matter: first, the government should make strong and firm laws to oblige the citizen to legalize their marriages based on the state law, second, the government needs to take action against illegal practice of Qadhi (Judge) and lastly, it is also urged to disseminate the information about the risk and negative effects of undocumented marriage through a massive campaign to the community.
The Phenomenon of Dynastic Politics Following Constitutional Court Decision Number 33/PUU-XIII/2015 Febriansyah Ramadhan; Muhammad Saleh; Ratu Julhijah; Ilham Dwi Rafiqi
Media Syari'ah Vol 23, No 2 (2021)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v23i2.10724

Abstract

This research aims at breaking down the dynamics of dynastic politics after the 2020 simultaneous general election and the dynamics between the nomination of regional heads and dynastic politics following the issuance of the Constitutional Court decision no. 33/PUU-XIII/2005.  The research found that this local politics phenomenon is triggered by the policy on regional autonomy and decentralization after reformation in bringing about new groups with family ties at local levels who occupy positions in the government.  Going by the excuses of freedom and human rights, the groups in this dynastic politics have seen a gradual increase in quantity overtime.  This increase happened after the Constitutional Court decision no. 33/PUU-XIII/2015 ruled in their favour.  In the ruling, the Court took human rights into their main consideration for reversing the ruling against the ban on the dynastic politics law, which in Article 7 (r) UU 1/2015 may give the impression that the right to political participation is removed.
Synchronization of Disaster Financial Policies in COVID-19 Management Bustami Bustami; Zaky Ulya; Rini Fitriani
Media Syari'ah Vol 23, No 2 (2021)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v23i2.10059

Abstract

The COVID-19 outbreak set as a national disaster is one of the steps taken by the government. The government has also ratified the policy of Presidential Decree of the Republic of Indonesia Number 7 of 2020 concerning the Task Force for the Acceleration of Handling Corona Virus Disease 2019 (COVID-19), in addition to supporting the handling of COVID-19, Presidential Regulation of the Republic of Indonesia Number 54 of 2O2O concerning the Posture Changes and Details of State Revenue and Expenditure Budget for Fiscal Year 2O2O. With these two regulations, the government has ordered each region to allocate its regional funds to handle COVID-19. However, the some concerns emerge regarding the budget misuse, reducing the original amount of budget. The method used in this study is a normative juridical method. In this method, theories, concepts, legal principles, laws and regulations related to this research were examined. The results of the study showed that there are too many financial policies set by ministries/institutions to fight against COVID-19, making the local governments confused about how to implement them. Therefore, proper discretion from the local government to allocate the funds until the reporting stage is necessary, so that their implementation will not contradict the existing laws.

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