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Asy-Syariah
Published by Institut Ilmu Keislaman Zainul Hasan Gengong
ISSN : 24603856     EISSN : 25485903     DOI : 10.36835/assyariah
Core Subject : Religion, Humanities,
Religion Humanities
Asy-Syariah Journal Is The Journal That Pudlished by Islamic Economic and Business of Institut Ilmu Keislaman Zainul Hasan Genggong Kraksaan Kab. Probolinggo Est Java, this Journal publish About Islamic Law, Social Islamic Law.
Arjuna Subject : Umum - Umum
Articles 153 Documents
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Relevansi antara norma adat dan syariah dalam perkawinan: Studi kasus di Desa Huraba Siabu Mandailing Ritonga, Raja; Roisuddin Ritonga, Ahmad
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 2 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Juni 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v10i2.1650

Abstract

In Mandailing society, the marriage process is closely related to a highly complex social interaction, where customary norms and Sharia law often interact simultaneously in its implementation process. In the view of Mandailing society in the village of Huraba Siabu, the implementation of marriage is not merely the execution of the Sharia contract, but also involves adherence to various customary rituals. This study aims to explore the relevance between customary norms and Sharia law in the context of marriage, with a focus on a case study in the village of Huraba Siabu, Mandailing. Through a qualitative approach, data were collected through in-depth interviews and participatory observation, followed by descriptive analysis. The study concludes that customary norms and Sharia law often complement each other and sometimes conflict in the practice of marriage in the village of Huraba Siabu, Mandailing. These findings underscore the importance of understanding the dynamics of interaction between customary norms and Sharia law in the context of marriage in rural communities. Therefore, a shift in societal paradigms regarding the interaction between customary norms and Sharia law occurs alongside changes and developments over time.
Konstruksi sosial pembagian hak waris anak angkat masyarakat muslim Samin Dusun Jepang Margomulyo Bojonegoro Mujahidin, Moh Iqbal; Huda, Miftahul
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 2 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Juni 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v10i2.1674

Abstract

The enforcement of Islamic law in Indonesia society is frequently still questionable in practice. The reason is utilization of customary law is still often in indonesia's society, especially in the case relating to inheritance law. The Moslem Samin community of Jepang Hamlet Margomulyo Bojonegoro is one of the community entities that still upholds its customary teachings, including in determining the distribution of inheritance to adopted children. This study aims to describe: (1) the law used in the distribution of the inheritance of adopted children by the Samin's Moslem community in Jepang Hamlet, and (2) Social construction of the Samin community in distributing inheritance to adopted children. This research is a type of field research, which uses primary data in the form of observation and interview results, by choosing a research location in Jepang Hamlet, Margomulyo Bojonegoro. The respondents are the Samin's Moslem community, community leaders and traditional leaders. The approach used in this research is an anthropological historical sociological approach, to fully capture the application of the law of the Samin muslim community, especially in relation to the inheritance rights of adopted children. The findings obtained in this study are; first, in determining the heirs, the Samin Muslim community establishes adopted children as the legal heirs of the deceased parents. Second, the Samin Muslim community prefers to use customary law rather than Islamic law. this is due to five factors, namely the concept of justice, the concept of equality, the complexity of Islamic law, the absence of religious leaders and the absence of religious institutions. Third, the community and Samin leaders of Jepang Hamlet Margomulyo Bojonegoro agree that adopted children have the right to the property of their adoptive parents
Analisis upaya mengatasi perselisihan keluarga dalam masalah kewarisan masyarakat Lombok Tengah Bungarusvianto, Teguh; Jumharim, Jumharim; Arifin Munir, Zainal
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 2 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Juni 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v10i2.1706

Abstract

This research aims to understand how the Praya Religious Court handles inheritance disputes in Central Lombok district. The phenomenon that occurs is often a dispute between family members involving third parties from the surrounding community. This research was conducted using qualitative methods. Data was collected directly from participants or through observing behavior in their natural situation, which was then reinforced with primary and secondary data sources. Primary data sources in this research are internal and external informants from the Praya Religious Court. Based on the results of the research on the main causes of family conflict in inheritance disputes, the first is that all inheritances have never been divided and are controlled unilaterally by some heirs. Secondly, the inheritance has been divided within the family but not in accordance with the provisions. The best and preferred settlement effort is through out-of-court (non-litigation) deliberation institutions, either privately between family members. Settlement can also involve the help of religious leaders, traditional leaders, and government leaders to reach a fair and harmonious agreement. The best effort to resolve family conflicts in inheritance disputes in the Central Lombok community is through out-of-court deliberation institutions (non-litigation). The conclusion of the research is that the settlement of inheritance disputes by religious courts is optimally carried out through non-litigation deliberations, both directly between family members and with the help of religious leaders, officials of the Religious Affairs Office, Customary Chiefs, Hamlet Heads, and Village Heads.
Legislasi infisakh akad: Studi konversi akad shirkah dengan akad bai’ di BSI Cabang Bojonegoro Robbani, Shofa; Ridlwan Hambali, M.; Abdulloh Hafith, Muh.; Hidayat, Wahyu
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 2 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Juni 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v10i2.1718

Abstract

Legislation on contract infisakh in muamalah transactions is an urgent thing to know in order to avoid it. The problem of discrepancies between contracts and practices often occurs in Sharia financial institutions, especially Sharia banks. There are several factors behind the emergence of this case, including the relatively few quality human resources who understand well the implementation of the muamalah contract. Contemporary problems with modern transactions trigger contract incompatibility, such as the conversion of a shirkah contract to a bai' contract which occurred at Bank Syariah Indonesia Bojonegoro Branch. This research aims to explain and describe the legal legislation for annulment (infisakh) of contracts in fiqh muamalah transactions, and the law for converting shirkah (meant Musharakah Mutanaqishah) contracts with bai' (meant Bai’ ‘Inah) contracts at BSI Bojonegoro Branch. This research methodology is field research with a qualitative approach. The research location is Bank Syariah Indonesia Bojonegoro Branch. Data collection techniques were obtained from observation and interviews. Meanwhile, data analysis techniques use data reduction, data presentation, and conclusion. The research results show that eliminating contracts that are not following practice and replacing them with appropriate contracts is an action that must be taken to realize the supremacy of Islamic law in muamalah transactions. Then the conversion of the shirkah contract to bai' carried out by BSI Bojonegoro Branch was the right action, and by the substance of the National Sharia Council Fatwa No. 49/DSN-MUI/II/2005 concerning Contract Conversion and Bank Indonesia Regulation No. 10/18/PBI/2008 concerning Restructuring.
Tinjauan fiqih mu’amalah pada praktik pengambilan ujroh bagi calo sewa menyewa mobil di Pontianak Khairunnisa, Dina; Dimas Satria, Wahyu
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 2 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Juni 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v10i2.1719

Abstract

Car rental brokers in Pontianak are the people's choice in car rental, with the difference in prices taken from car rental, this research aims to describe and analyze the practice of brokering in car rental in Pontianak and find out the profit-making practices of car rental brokers in Pontianak. according to the Muamalah Fiqh review. Researchers used a qualitative research method with an empirical juridical approach, with primary data obtained from interviews with brokers, rental owners and car rental consumers in Pontianak. As for secondary data obtained from classical books, journals and sources from the internet that are relevant to the focus of research. Data collection techniques were obtained through observation, interviews and documentation. The results showed that the practice of brokering between rental owners and brokers in the agreement contract carried out by verbal agreement is in accordance with article 1320 of the Civil Code, KHES Book II Articles 487-500 and Fiqh Muamalah regarding wakalah. The practice of taking advantage of brokers from the difference in prices from rental packages, increasing prices during major events, increasing prices above market prices due to the needs of brokers' lives is reasonable and permissible as long as it does not cheat and violate the agreement in accordance with the provisions of Fiqh Muamalah.
Tantangan desentralisasi asimetris di Aceh perspektif Sadd Az-Zari’ah 'Ainun Najah, Faza
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 2 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Juni 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v10i2.1736

Abstract

Asymmetric decentralization in Aceh is an effort to grant or transfer special authority which is considered as an alternative way with the aim of solving problems between central and regional relations in accordance with the 1945 Constitution of the Republic of Indonesia, precisely in Article 18 which regulates decentralization in Indonesia. This research focuses on the concept of sadd az-zari'ah towards asymmetrical decentralization in Aceh, the research method used in this research is literature. Data collection techniques from various leterature such as books, and journals and others that have a relationship with this research. The results of the study concluded that the challenge of asymmetrical decentralization in Aceh was initially considered valid in sharia, but sometimes it can produce losses. However, the harm is more modest compared to the good and it can be interpreted that the harm is to prevent greater harm. The concept of asymmetrical decentralization in Aceh is considered to be more protective of the harm that will be caused seeing the history of the relationship between Aceh and the Indonesian government in accordance with the rules if two mafsadat collide, choose the lighter mafsadat.
Penerapan konsep istihalah pada hukum vaksin measles rubella: Analisis hukum dalam pandangan imam madzhab Rouf, Abd.
Asy-Syari’ah : Jurnal Hukum Islam Vol. 10 No. 1 (2024): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2024
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The majority of Muslim intellectuals are of the opinion that seeking medical treatment is obligatory. This is different when it comes to the consumption of medicine from a haram element. Currently, there is much debate about the measles rubella vaccine (MR-vaccine) regarding the legality of its use according to Shara' because it contains pork and human organs. Considering that the Minister of Health will provide the MR-vaccine for newborns (immunity), the Indonesian Ulema Council (MUI) issued a haram fatwa against the MR-vaccine, but it becomes permissible with the principle of sharia rules, namely dharurat. According to researchers, this is ambiguous in taking legal formulation. Whereas there is the concept of Istihalah in making the MR-vaccine which makes a haram element halal. This research is a descriptive-qualitative research, using the literature method with a tarjih approach, and using primary and secondary data in the research. This research produces: First, the rubella vaccine is legal even though it contains pork or human organs, not because of the element of emergency, but it has changed from the original haraam form to something else, both from the dzatiyah and nature. Second, the concept of istiḥalah using the al-tafa'ul al-kimiyawa method is the strongest basis for stating that the rubella vaccine is halal and pure.
The role of husband and wife in managing family finances from the perspective of maqashid sharia Khuluq, Arif Husnul; Ashari, Winning Son; Haq, Yusdi
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 1 (2025): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i1.1921

Abstract

Every married couple certainly wants harmony and happiness from their marriage. However, in reality, marriages often fail to realize these noble goals, and end in divorce. One of the most common causes of divorce is economic factors. The good role of husband and wife in managing family finances is expected to be part of the solution to these problems. Islam has noble goals in its legal regulations (maqashid sharia), including those related to marriage. This study was conducted with the aim of analyzing how good the role of husband and wife is in managing family finances from the perspective of maqashid sharia to realize the desired harmony and happiness. This research is a literature review, and uses library research as a data collection method, using maqashid sharia theory as the analytical tool. The results of the study show that in order for the goals of marriage to be realized, husband and wife need to play an equal role and synergize with each other in managing family finances, both during planning, implementation and evaluation. How big each role is in managing family finances can vary from one family to another, depending on each family's expertise in financial management, but still by considering the husband's status as head of the household. Allocation of funds should be based on needs, not just following desires. The more urgent the need, the more worthy it is to be the reason for allocating funds. Likewise, it is necessary to weigh the priority scale when there is a contradiction between needs according to the maqashid sharia, so that financial management is successful, a harmonious family is realized and happiness in the world and in the hereafter is achieved which is desired by every human being.
Understanding childfree according to the views of the Indonesian childfree community reviewed from islamic law Alwi Sipayung, Fakhri; Milhan, Milhan
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 1 (2025): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i1.1930

Abstract

The phenomenon of “Childfree” has gained increasing attention in recent years, as more and more people choose not to have children. This research explores the phenomenon of childless individuals in the Childfree Indonesia community which is studied from their perspective and experiences which are guided by the principles of Islamic law and how women's reproductive rights view Childfree. The study of research methods in this legal research uses an empirical research type, namely legal research that analyzes and examines the workings of law in society. Empirical legal research views law as actual behavior and unwritten social phenomena, experienced by society in everyday life. This research investigates various reasons and how some members of the Childfree Indonesia community respond to choosing not to have children. This has many factors behind it. This includes the desire for personal freedom, economic factors, mental health factors or environmental factors. On this basis, it shows that the decision to remain Childfree is a complex decision and has many aspects, and often requires careful consideration regarding the perceived benefits and impacts. Also included in the perspective of Islamic law, this research analyzes the extent to which the choice to remain Childfree is in line with or deviates from the teachings of Islamic law.
Islam and customary law: Iddah for husbands after divorce in South Tapanuli Regency Sainul, Ahmad
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 1 (2025): Asy-Syari'ah: Jurnal Hukum Islam, Januari 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i1.1931

Abstract

This article aims to describe the phenomenon of the implementation of iddah for husbands after divorce in South Tapanuli Regency. Field studies using juridical-sociological as the approach. The primary data source of this study is the results of interviews with traditional leaders, religious leaders and husbands who carry out iddah after divorce. Secondary data sources are in the form of the Compilation of Islamic Law, books, journals, and other materials relevant to this study. This study was analyzed using a descriptive approach. The results of the study show that the phenomenon of iddah for husbands after divorce in South Tapanuli Regency only regulates the time when husbands are allowed to remarry. During the iddah period, there is no prohibition on dressing up, using perfume, and leaving the house. The length of the husband's iddah a ccording to South Tapanuli Custom is adjusted to the iddah of his ex-wife. However, the majority of the time required for the iddah period is longer because permission must be obtained from the wife's family or in-laws.

Page 14 of 16 | Total Record : 153

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