Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
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.
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<![CDATA[Dayak Ngaju Customary Law's Criminal Sanctions Agains Adultery in Palangka Raya ]]>
<![CDATA[Wardhani, Novea Elysa]]>;
<![CDATA[Kirstanto, Kiki]]>;
<![CDATA[Januardy, Ivans]]>;
<![CDATA[Putri, Anggelia Widya]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.19603
<![CDATA[The law in each society has its own style and nature. Customary law is a law that always grows from a real need for life and a way of life in society, which is the whole culture of the community where customary law applies. Customary law if violated will certainly be subject to sanctions. Customary law in Palangka Raya against perpetrators of adultery will be punished in the form of sanctions, namely by paying a singer or jipen fine to complete peace according to Dayak Ngaju custom. Based on the facts in the field, if a criminal act of adultery is committed by a wife with an unmarried man against her husband, it certainly raises questions about Damang's authority as Dayak Traditional Chairman so that it can be known and understood that what are the legal acts in the settlement of adultery committed by the perpetrator. ]]>
<![CDATA[The Harmony of Culture and Religion in the Mithonian Tradition: A Study of the Perspective of Nahdlatul Ulama' Bangil, Pasuruan ]]>
<![CDATA[Baroroh, Nurdhin]]>;
<![CDATA[Sabila, Ahmad Ahda]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.19729
<![CDATA[Mitoni merupakan satu tradisi yang sudah berjalan turun temurun sehingga menjadi sebuah adat istiadat yang dilakukan ketika kehamilan mencapai usia ketujuh. Kata mitoni tidak saja berarti pitu yang berarti tujuh akan tetapi juga bisa bermakna pitulungan atau pertolongan, maksudnya adalah tradisi ini tidak hanya sebagai tradisi ketika usia kehamilan mencapai tujuh bulan, akan tetapi juga suatu wujud permohonan doa kepada Tuhan Yang Maha Kuasa agar bayi yang dikandung beserta ibunya senantiasa sehat sampai dengan kelahiran. Mengingat keberadaan mitoni sebagai sebuah budaya yang berada dalam tatanan masyarakat, para tokoh Nahdlatul Ulama’ di Kecamatan Bangil, Kabupaten Pasuruan memiliki cara pandang tersendiri ketika menyikapi adat istiadat ini. Penelitian ini menggunakan pendekatan dialektika Qur’an dengan budaya lokal dan metode ijtihad ‘Urf. Digunakannya pendekatan dialektika Qur’an dengan budaya dikarekan fokus penelitian ini adalah budaya dalam sebuah masyarakat beragama, yaitu Islam. Sedangkan digunakannya ‘Urf adalah untuk memetakan hukum pelaksanaan tradisi tersebut. Dari serangkaian pendapat para tokoh dan pendekatan yang digunakan memiliki kesimpulan bahwasanya tradisi ini meskipun tidak tertera dalam teks suci agama, akan tetapi memiliki nilai kearifan lokal dan nilai keagamaan yang kemudian bisa dilestarikan, seperti permohonan pertolongan, do’a, silaturrahmi dan sedekah.]]>
<![CDATA[The Marriage Model in the Gayo Community and Its Impact on the Inheritance System ]]>
<![CDATA[Hasballah, Khairuddin]]>;
<![CDATA[Achyar, Gamal]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.22180
<![CDATA[The issue of inheritance is closely related to kinship ties, both blood and marital. An example of marriage model in the Gayo community differs from other Acehnese communities, thus leading to different inheritance practices. The Gayo community recognizes three marriage models: jeulen, angkap, and kuso-kini. This is interesting to study in relation to the inheritance system in the Gayo community and its connection to these marriage models. Research findings indicate that inheritance practices in some parts of the Gayo community are greatly influenced by their marriage models. For instance, female children who marry jeulen may not receive inheritance rights, while male children who marry angkap may also be excluded from inheritance. According to traditional Gayo leaders, the inheritance system in the Gayo community is not directly influenced by their marriage system, as they adhere to Islamic inheritance laws. Any deviation from Islamic inheritance laws is attributed to the ignorance of village authorities or the heirs themselves, rather than customary practices. The research also found other inheritance issues practiced by the Gayo community, such as equal distribution of inheritance based on responsibilities towards parents and family. The study also revealed various cultural practices in the Gayo community that warrant further serious and in-depth research, both in terms of marital customs and inheritance systems (such as cases where parents are not given inheritance rights when the heir is still alive), and other related matters.]]>
<![CDATA[Clarifying Misconceptions Understanding Hand-Cutting Punishments in the Al-Sariqah Crime Context ]]>
<![CDATA[Haq, Islamul]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.22206
<![CDATA[This research aims to explore understanding and clarify potential misconceptions related to hand-cutting punishment in the context of Al-Sariqah crime (theft) within Islamic law. The research also encompasses an examination of legal approaches and justice in the implementation of this punishment. By analyzing various literary sources, particularly the opinions of scholars and Islamic legal literature, this study highlights the stringent standards and conditions that must be met for hand-cutting punishment to be applied. This research will utilize academic databases, digital libraries, and other reliable sources to gather scholarly articles, books, and conference papers discussing aspects of hand amputation punishment in the context of al-Sariqah. the research dispels the common belief that it can be haphazardly applied. The stringent prerequisites, including evidence, legal clarity, and understanding the perpetrator's circumstances, underline that hand amputation is not an arbitrary measure but is reserved for specific circumstances.]]>
<![CDATA[Public Resistance to Cryptocurrency and Its View From the Islamic Perspective ]]>
<![CDATA[Ashal, Farid Fathony]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.22353
<![CDATA[Cryptocurrency appeared amid digital technology's growth tremendously, offering fast, transparent, auditable, and secure features. However, its presence and status in Islamic law are still debatable among the Community. Cryptocurrency is based on blockchain and has decentralized finance, contrary to the current conventional system, namely central banks. The purpose of this study is to see community resistance over cryptocurrencies and its views on the Islamic perspective. This study is qualitative with a phenomenology approach. Data sources were obtained through in-depth interviews and structured ones. The analysis carried out in this study used the maqashid sharia approach, fiqh rules, and ushul fiqh. The result of this study showed that the concept of decentralized finance has yet to be able to take over the role of central banks. The majority of perspectives provided by the ulama, who were consulted as primary sources in this research, maintain the belief that cryptocurrency remains an unreliable medium of exchange and a risky long-term asset.]]>
<![CDATA[Children's Legal Status in Kediri Religious Court Marriage Dispensation Cases ]]>
<![CDATA[Rachmatulloh, Mochammad Agus]]>;
<![CDATA[Hikmiyah, Lailiyatul]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.22397
<![CDATA[Marriage is permitted for those who have fulfilled the marriage requirements as regulated in statutory regulations. Among them, the minimum age for marriage for prospective male and female brides is the same, 19 years. For those who do not meet the minimum age requirements, marriage can still take place after receiving a marriage dispensation from the court. Data shows that there are a lot of requests for marriage dispensation in Indonesia, in fact every year there is a significant increase. The Kediri City Religious Court only has 3 sub-districts, in 2022, 69 marriage dispensation cases will be accepted. The reason that is often given is that the relationship between the prospective bridegroom and the female is very close, parents/guardians are afraid and worried that they will increasingly fall into actions that are contrary to morals or religion, and quite a few of the prospective wives are already pregnant. In adjudicating cases regarding requests for marriage dispensation, the court often considers two disadvantages, which occur as a result of early marriage and if the marriage dispensation is rejected. Interesting, knowing the practice and position of children in conflict with the law in cases of requests for marriage dispensation at the Kediri City Religious Court. The practice of marriage dispensation application cases is in accordance with general civil procedural law and statutory regulations, especially Law Number 16 of 2019, Law Number 23 of 2002, and Supreme Court Regulation Number 5 of 2019. The examination is in accordance with the principles -the principle of children dealing with the law, because every case involving children is required to consider the best interests of the child so that the determination must take an approach to the best interests of the child, which is carried out comprehensively.]]>
<![CDATA[Requirements of Polygamy by Muhammad Shahrur and It’s Relevance to Indonesian Society ]]>
<![CDATA[Alimuddin, Harwis]]>;
<![CDATA[Abbas, Abdul Haris]]>;
<![CDATA[Amir, Indriyani]]>;
<![CDATA[Syatar, Abdul]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.22719
<![CDATA[Muhammad Shahrur has a different view about polygamy from other scholars. According to him, polygamy is only permitted for widows who have orphans. This condition applies to second, third and fourth wives. This requirement refers to the principle of protection for widows and the principle of justice towards orphans. This research is descriptive qualitative research. The data collection technique is a literature study by exploring various literature, both literature in the form of books and articles related to Muhammad Shahrur's thoughts. Likewise, it is related to the social conditions of Indonesian society, especially the phenomenon of polygamy in Indonesia. This research explores Muhahmmad Shahrur's opinion regarding the requirements for polygamy and looks at its relevance to social conditions in society. This research concludes that the conditions for polygamy expressed by Muhammad Shahrur are very relevant and can bring benefits if implemented and legislated into regulations in Indonesia. First, because polygamy regulations in Indonesia adhere to the principle of open monogamy. Second, polygamy can be a solution for widows and their orphaned children in Indonesia who face many problems. Third, polygamy is not prescribed to cause problems, but to provide solutions. Including solutions to social conditions in society.]]>
<![CDATA[Protecting Consumers from Motorcycle Users with Non-Standard Motorcycle Iron Frames ]]>
<![CDATA[Rahayu, Rika]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.23575
<![CDATA[In the era of globalization like today, especially in big cities that are often affected by traffic jams, motorcycles can be used as an alternative in supporting transportation facilities and infrastructure on the highway. Nowadays consumers always ignore the importance of a good and standard motorcycle frame. This problem has become familiar throughout Indonesia, without denying that consumers prioritize trends or styles in riding motorcycles. Of course, this is very contrary to the mandate of the Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 12 of 2019. This research is an empirical juridical legal research with a statute approach, namely research or observation in the field or field research whose research focuses on collecting empirical data in the field. The results of this study state that (1) if the purchase of a motorcycle is damaged due to modifications that violate existing laws and regulations such as replacing the iron frame of the motorcycle is not in accordance with the standard value, the company has no responsibility for this incident, if the consumer deliberately modifies the motorcycle and 2) the consumer related to his actions that violate the regulations, namely modifying with an iron frame that is not in accordance with the standard then Penalties are imposed in the form of fines and coaching for related perpetrators, especially guidance on knowledge related to the dangers of using modified motorcycles that are not in accordance with standards and summons to parents related to follow-up mediation and the letter of agreement will not repeat the act.]]>
<![CDATA[Cash Wakaf's Contribution to Islam's Socio-Economic Development in Perak ]]>
<![CDATA[Shafiai, Mohd Zaini]]>;
<![CDATA[Musa, Armiadi]]>;
<![CDATA[Muthalib, Salman Abdul]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.24311
<![CDATA[This article aims to discuss the role of cash waqf in the socio-economic development of Muslims in the country of Perak. Cash Waqf is a new product of fiqh today. Because, initially the discussion about waqf referred to non-transferable assets ('iqar) and transferable assets (manqul). Waqf Perak Ar Ridzuan (WPAR) which was launched in 2015 aims to overcome the problem of lack of cash waqf funds. This article explains the implementation of WPAR cash waqf from 2016 to 2021. This research is qualitative in nature through a semi-structured interview protocol with the management of the Perak Islamic Religion Council (MAIPk). The research results found that the implementation of cash waqf focuses on four main areas, namely economics, education, health and religion. In the economic sector, bot waqf funds and waqf business centers (WBC) help increase the income and standard of living of Muslims. Meanwhile, in the education sector, the focus is on endowments for student dormitory buildings and the MUMTAZ program. Meanwhile, in the health sector, hemodialysis center facilities have been built and in the religious sector, funds have been created for the development of maahad tahfiz and the development of Al-Quran knowledge. The findings of this research prove that increasing WPAR fund collection can develop the socio-economic development of Muslims in the country of Perak. It is hoped that the implications of this research can provide a valuable contribution and serve as a guide for MAIPk, in managing waqf so that it can empower cash waqf in the country of Perak.]]>
<![CDATA[The Contribution of the Indonesian Woman Constitutional Justice in Achieving the Sustainable Development Goals ]]>
<![CDATA[Fu'adah, Akhyaroni]]>
<![CDATA[ Media Syari'ah Vol 26 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh ]]>
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DOI: 10.22373/jms.v26i1.24666
<![CDATA[This study explores the role of woman as constitutional judges for the realization of the sustainable development goals (SDGs). One of the goals of the SDGs is gender equality, one such as ensuring effective participation for women as public officers, including as constitutional judges. However, in fact, the number of female constitutional judges are much less than male constitutional judges in Indonesia, due to patriarchy and Islamic paradigms. Woman’s perspective is substantial thing in decision making, though. To comprehend the issue, this research will examine the election and the role of women constitutional judges in the realization of the SDGs. The statutory approach was adopted to study laws and regulations, and the comparative approach was implemented to deeply understand the comparison between Indonesia’s laws and Islamic perspectives relating to the status of woman as judge. Secondary data from literature review and library research support an analysis for a deeper understanding of the concept of requirements to be a Constitutional Justice. The finding of this research implies that there are different opinions in Islam perspective, even the contemporary scholars argue that woman can be a judge, including in constitutional justice. This study emphasizes that anybody can be a judge, if they can fulfill the requirements: having integrity and impeccable personality, be just, be a statesman/stateswoman mastering the constitution and constitutionalism and does not concurrently hold a public office. Consequently, it will encourage decisions that consider women's rights to realize sustainable development goals.]]>
