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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 275 Documents
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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.   
Protecting Consumers from Motorcycle Users with Non-Standard Motorcycle Iron Frames Rahayu, Rika
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.23575

Abstract

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.
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 Harmony of Culture and Religion in the Mithonian Tradition: A Study of the Perspective of Nahdlatul Ulama' Bangil, Pasuruan Baroroh, Nurdhin; Sabila, Ahmad Ahda
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.19729

Abstract

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.
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.
Requirements of Polygamy by Muhammad Shahrur and It’s Relevance to Indonesian Society Alimuddin, Harwis; Abbas, Abdul Haris; Amir, Indriyani; Syatar, Abdul
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.22719

Abstract

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.
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 Contribution of the Indonesian Woman Constitutional Justice in Achieving the Sustainable Development Goals Fu'adah, Akhyaroni
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.24666

Abstract

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.
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
The Marriage Model in the Gayo Community and Its Impact on the Inheritance System Hasballah, Khairuddin; Achyar, Gamal
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.22180

Abstract

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.

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