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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 9 Documents
 1 
Search results for , issue "Vol 25, No 2 (2023)" : 9 Documents clear
Compatibility of Human Rights and Sharia: The Perspective of Interreligious Leaders in South and West Aceh Indonesia Ikhwan, M.
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17522

Abstract

Human rights and Islamic law are two distinct sources of law with the common orientation of upholding the dignity of human beings. This study aimed to explore the compatibility of the two to avoid any conflicts and to ensure legal development that considers both human rights values and Islamic law, particularly in Aceh where Islamic law is implemented. The study began by asking two fundamental questions: how are human rights and Islamic law compatible in the context of legal development in Aceh? And how do interfaith figures in southwest Aceh view the compatibility of human rights and Islamic law? The study utilized qualitative research methods with a phenomenological approach and an interpretive paradigm, and it concluded with a continuous qualitative narrative analysis from the start of the research until its completion. The research findings indicate that human rights and Islamic law have been incorporated into the formulation of every law and can accommodate all segments of society in Aceh, both in terms of religion and humanity. Additionally, human rights and Sharia law in Aceh have found a point of convergence that is supported by the acceptance of cross-religious communities, particularly in southwestern Aceh. Thus, this research suggests that human rights and Sharia law are not in conflict with each other because they share the same orientation of respecting the dignity of humanity.
Assessing Mutatis Mutandis’ Authorities of Sabang Free Trade and Free Port Zone within the Indonesian Law on Job Creation Zharfan, Ahmad; Aiyub Kadir, M. Yakub
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17380

Abstract

This paper discusses authorities of Sabang Free Trade and Free Port Zone(KPBPB) and its dilemma post the existence of the Law on Job Creation (UU-Cipta Kerja) and Constitutional Court decision, in terms of ‘Mutatis Mutandis’ in attracting investment.  There is conflict regulation after the government issued UU-Cipta Kerja, including facilities and conveniences in the form of entry and exit of goods, taxation, customs, excise and licence. The application of Online Single Submission(OSS) system has centralized the authority while KPBPB Sabang to become only a beneficiary. Hence the Application of ‘Mutatis Mutandis’ to   necessary changes for attracting Investment opportunities is required. This paper contributes to clarify the authority of KPBPB Sabang in terms of  strengthening  and repositioning the KPBPB within centralization notion of Job creation law.   
Cigarettes: Between Behavior, Habits, and Law Siregar, Pani Akhiruddin; Suryani, Suryani; Saragih, Nilam Permata
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.14863

Abstract

Tobacco products known as cigarettes are strongly opposed because of the large amount of toxins contained in them. Although the government has given warnings about the dangers of smoking. However, it did not have an effect. This research aims to examine Cigarettes: Between Behavior, Habits, and Law. Qualitative research methods with a normative legal approach. Research results: (1) Smoking habit. Smoking is currently a frequent behavior. In fact, the realization of the preservation of the soul in Islam is the most important part. For, the preservation of the soul simultaneously sees the need for the preservation of the body by not getting used to smoking; (2) Smoking consumption and smoking behavior. The consumer behavior of smokers has taken its decision to continue consuming cigarettes. In the future, consumer smokers constantly needed cigarettes as a smoking need; and (3) Smoking laws according to Islamic organizations in Indonesia: (1) Smoking mubah according to Nahdhatul Ulama (NU) and the Islamic Union (PERSIS); (2) Smoking is makruh and haram according to the Indonesian Ulema Council (MUI); and (3) Smoking is haram according to Muhammadiyah.
The Conceptual Framework of International Law in the Historical Establishment of Islamic Law Iffan, Ahmad; Mujtahidin, Syamsul; Algifari, Muhammad Faiz
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.21255

Abstract

The legal enactment in the Makkah phase which lasted for approximately 13 years focused on cultivating the faith, strengthening its roots, and maintaining its purity. Islam makes the two sentences of the shahada as the realization of the aqidah as the door to a person's entry into the embrace of Islam which then applies Islamic laws to him. In efforts to adhere to the Islamic creed, it relies on logical arguments. The way to do this is by inviting humans to think about the universe, observing the signs of Allah's power and the beauty of His creation, and thinking about how all of this creation works in an orderly pattern. According to Sheikh Manna, the letters and verses that were included in the Makkah phase describe the orientation of faith by inviting humans to think and see the universe along with the heavens and the earth, witnessing the secrets that Allah keeps behind it all, and accuracy and perfection. in the universe itself, which is neatly arranged without any defects or doubts in it. Determination of Medina Law, The hijrah event was a separation between two societies in Islamic history. While in Mecca, the Islamic faith had been firmly ingrained in the souls of the Muhajirin and, like the Ansar, had taken the oath of allegiance. It was there that the seeds began to form which became the embryo of the founding of an Islamic society. Then they made Medina a place to settle in order to develop these seeds. "It is at this stage that da'wah begins to enter the stage of implementation in an organized manner," he said. Sheikh Manna said that the establishment of laws in Medina led to the formation of society and the establishment of rules in social matters. And the first step taken by Rasulullah SAW in building society was to bring brotherhood between the Muhajirin and the Ansar, whereby the Ansar people prioritized their brothers from among the Muhajirin over themselves.
Istifadhah Witness (Testimonium De Auditu) for Marriage Authentication (Analysis of Kuala Simpang Religious Court Ruling Number: 10/Pdt.P/2021/MS.Ksg) Mubarrak, Husni; Ali, Bukhari; Rahmadani, Sindi
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17009

Abstract

This article would like to discuss about istbat nikah (marriage authentication) where the witnesses who gave their testimonies were istifadhah witnesses (Testimonium De Auditu) based on a case which registered in Mahkamah Syar’iyah (Religious Court) in Kuala Simpang, Aceh, as a case number 10/Pdt.P/2021/MS.Ksg. However, based on this witness’ testimonies, the judges authorized istifadhah witnesses to give their testimonies to be heard in front of the Court. It has challenged academically to know and dig more about the judge’s reasoning on why he consider the authorization of  istifadhah witnesses testimonies in istbat nikah on mentioned case. It is also interesting to analyze on how Islamic law view about istifadhah witnesses’ testimonies in an istbat nikah case. The combination between field study and library study with juridical normative approach is used as the method in this research. The result shows that istifadhah witnesses’s testimonies can be heard in the court as long as the testimonies given cannot be proved, otherwise then the testimonies are true. Similarly, Islamic law views this matter can only be applied in some cases, one of which is in istbat nikah case.
The Study of Analysis Toward Zakat of Honey on Mazhab Imam Syafi’i Perspective Harahap, Haddad Ulum; Putra, Dedisyah; Khalidi, Muhadi; Linur, Rahmat; Acela, Nuriza
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17357

Abstract

Honey is a special food ingredient because of its taste, nutritional value and high efficacy. That's why honey is revered by many people as a unique type of food that is also medicinal which has been known since ancient time because it is able to maintain the immune system for those who consume it. In the past, people were not familiar with honey livestock and only got it in forests, but now many people have cultivated honey and even developed it with a factory processed system in such a way. This research will discuss the position of honey and the law of zakat on the results of the honey business based on the thought of mazhab (school of thought concerning Muslim law) Imam Shafi'i. This research is a library research with a qualitative approach. The result of research was that Imam Syafi’I had two views known as Qaul al-Qadim and Qaul al-Jadid. Zakat of honey in qaul al-qadim is obligated to pay zakat with qiyas that honey included staple food based on hadist and prophet’s friends. Imam Syafi’I says that honey is not obligated to pay because it does not include staple food. Imam Syafi'i moved from qaul qadim to qaul Jadid because he found a stronger argument to be used as a legal basis. Therefore, Imam Syafi'i did ijtihad and dismantled the results of the previous ijtihad be based on weak arguments. He says “The hadith saḥiḥ is my mazhab and leave my opinion if it contradicts the hadith sahih”. Istinbath (method in understanding the proposition of revelation)of law used by him is Imam Syafi’I to construct the reason based the hadist. Keywords: Honey, Zakat, Imam Syafi’i
Istihsan Qiyas Khafi Indication of Al-Bazdawi in Contemporary Fatwa in Indonesia Amir, Amri; Siraj, Firdaus; Bahar, Muchlis; Wiza, Rahmi; Salem Al-Saedy, Ibrahim bin
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.21162

Abstract

This research aims to analyze Istihsan qiyas Khafi al-Bazdawi as indicated in contemporary fatwas in Indonesia. What is the concept of Istihsan qiyas khafi al-Bazdawi, and how is it relevant to contemporary fatwas in Indonesia? The research method used is descriptive analysis with a literature study approach sourced from journals, websites, books by al-Bazdawi and his lecturers. The results of the research show that Istihsan qiyas khafi al-Bazdawi is a process of intifa' (taking benefits) on a legal object by using qiyas/illat (legal reasons) khafi (hidden) by removing qiyas/illat jali (real reasons in law), and Istihsan Khafi al-Bazdawi's qiyas are considered relevant to a number of contemporary fatwas of the Indonesian Ulema Council (MUI), including: 1) the prosperity of cash waqf Sukuk, 2) the ease of Sukuk Mudharabah, Murabahah, Musyarakah, 3) the ease of Sweb when fasting, 4) the ease of Vaccine injection while fasting
Criteria for Legal Competence in Islamic Law: A Critical Evaluation Jamal, Irwansyah Muhammad; Mustaqim, Riza Afrian
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i1.11183

Abstract

A leader must have the ability to act legally so that every action he does is legal. This skill is required to be perfect, even exceeding the ability to act legally on a husband and wife in managing a household or someone in managing their property. On the basis of perfect legal skills, the leadership process will be able to run well, and various benefits can be realized in society at large. In this case, Islamic law as one of the legal systems that live in society is believed in giving a view of the legal skills of a leader. Some verses of the Qur'an and the Hadith of the Prophet SAW. give a signal about the criteria for a leader's legal competence. There are two important elements that must be possessed so that the ability to act in law is perfect; first, the age of a leader (caliphate), either a leader of a state (prisident), or a region (governor and regent/mayor) is at least 40 years old. While the position of assistant to the caliphate (minister and police) must be at least 21 years old; second, having perfect intelligence (rusyd). This intelligence is based on deep knowledge and broad insight into leadership. Based on this intelligence, a leader will carry out policies to his people in accordance with the benefit principles. Seorang pemimpin menjadi sentral bagi rakyatnya untuk mengantarkan mereka dalam mewujudkan kemaslahatan, kesejahteraan, dan kehagiaaan. Untuk hal itu, seorang pemimpin diharuskan memiliki kecakapan hukum yang baik, bahkan melebihi daripada seorang suami atau isteri dalam membina rumah tangga, atau seseorang dalam mengelola harta bendanya. Konsep kecakapan hukum pada seorang pemimpin telah disebutkan dalam berbagai ketentuan atau pemikiran para ahli. Dalam hal ini, hukum Islam memberikan konsep dan kriteria kemampuan kecakapan bagi seorang pemimpin. Tulisan ini mengkaji konsep hukum Islam tentang kecakapan seorang pemimpin yang mampu mewujudkan kemaslahatan bagi umat. Metode yang digunakan pada kajian ini yuridis normatif, yakni dengan mengkaji beberapa ayat Alquran dan Hadis Nabi SAW. yang memberi isyarah tentang kriteria kecakapan hukum seorang pemimpin. Hasil penelitian ditemukan ada dua unsur penting yang harus dimiliki seorang pemimpin supaya cakap bertindak hukum secara sempurna. Pertama, usia seorang khalifah, baik Presiden, atau Gubernur dan Bupati/Walikota, minimal 40 tahun. Sementara jabatan pembantu khalifah, seperti Menteri dan Polisi minimal berumur 21 tahun. Kedua memiliki kecerdasan yang sempurna (rusyd), yakni seorang pemimpin mempunyai kecerdasan intelektual, emosional, dan spiritual yang baik. Dari ketiga kecerdasan tersebut akan melahirkan sifat bijaksana, dan pada gilirannya terwujud kemaslahatan hidup masyarakat secara luas.
Women Who Wear the Face Veil: Following Trends, Influenced by Studies, or Covering Their Aurat? Hanapi, Agustin; Husnul, Muhammad; Aini, Sarina; Lubis, Asmuliadi; Solin, Siti Dian Natasya
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 25, No 2 (2023)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v25i2.17286

Abstract

The Islamic perspective on the veil is bound and limited by the concept of aurat. Some scholars view the face as not part of the aurat, therefore the face does not have to be covered with a veil. Others see and conclude that the face is a woman's private parts, so it is mandatory for women to cover their faces with a veil. Cultural, social and political perspectives also follow the veil trend in society. This research aims to look at the motivation for using the veil as practiced by students at the Faculty of Sharia and Law (FSH) UIN Ar-Raniry. Next, these motivations are analyzed with a review of Islamic law and culture. The determination of locus is because FSH students are well-known (familiar) with legal matters, so the use of the veil should at least be considered based on a scientific approach. Apart from that, we want to get a detailed and detailed picture of the laws of the veil and the various responses to its use in society. There were ten female students who wore the niqab who were interviewed for several different reasons. The results obtained are related to the motivation to use the veil among students because (1) they follow along with seniors without knowing the reasons and urgency in more depth; (2) often take part in studies, because wearing the veil is understood as sunnah and is inspired by other people.

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