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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 156 Documents
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Gender equality study on inheritance distribution in Gorontalo society Ilyas, A. Sitti Kumala; Rais, Suardi; Samsuddin, Nurul Syazwana Binti; Jupri, Jupri; Cruz, Mawardi De La; Lamanasa, Muh. Syarif
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.v11i1.1938

Abstract

In Gorontalo society, women often face challenges related to status, rights and roles in the context of inheritance. The differences in Islamic attitudes (law) towards men and women regarding the distribution of inheritance are not intended as discrimination and are not intended to glorify one and demean the other. However, what happens is that interpretations of religious texts often cause division and prolonged conflict when inheritance disputes are not resolved. The research method used is a phenomenological survey methodology to trace the practice of inheritance distribution in Gorontalo society, especially in Gorontalo City. This study uses primary and secondary data sources to ensure comprehensive research. The results of the study show that the gap in the distribution of inheritance that often occurs in Gorontalo society is the amount or portion received by male heirs with female heirs. This cannot be separated from the influence of three applicable inheritance law systems, namely customary inheritance law, Islamic inheritance law and inheritance law according to the Civil Code. Distribution is carried out based on customary law or state law is considered contrary to Islamic law, on the other hand when the distribution is carried out according to Islamic law it is considered unfair to female heirs. By examining inheritance practices from a gender equality perspective, we can reveal gaps or injustice in the distribution of inheritance, especially between male and female heirs, and provide a form of conflict mitigation through the concepts of Conflict Management and Conflict Transformation.
Community commitment to manage forests that integrate al-'urf values in reducing tenurial conflicts from an islamic legal perspective Hamka, Hamka; Satriani, Indra; Raziq, Abd.; Atika, Nur; Eril, Eril; Wulandari, Natasya; Harmilawati, Harmilawati
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

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Abstract

This research examines the community's commitment to managing forests by integrating al-'Urf values to reduce tenure conflicts among forest area communities. This research contributes to discussions regarding forest conservation from an Islamic law perspective. This research is a qualitative study using observation, interviews and documentation methods in collecting data, namely going directly to the field which is the object of research. This research shows that it is important to have community commitment in managing forests by integrating al-'urf values. The local community's perception of forests is different from that of the government, where the government bases its designation on references to legislation that they themselves have made in the past. Community commitment in managing forests using the al-'urf approach plays an important role in reducing conflict and resolving or opening management and ownership rights to land or forests. Islamic law in this context focuses on forest management efforts based on the Koran, hadith and expert opinions in order to achieve the common interests and welfare of the community of all parties involved, whether local, government or other parties with an interest in forest preservation. Community efforts to reduce tenure conflicts through Islamic Law with the 'urf approach can resolve land disputes that are not only based on individual or group rights, but also consider the long-term impact on shared prosperity that prioritizes the principles of justice, sustainability and social harmony, with the aim of achieving a solution that benefits all parties without harming any party.
Moving the people's economy through sustainable productive waqf in Jember regency from the perspective of maqashid al-syariah Ulum, Bachrul; Saini, Saini; Muhammad, Izlawanie
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

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Abstract

Productive waqf is a waqf concept that not only functions as a donation for religious or social purposes, but is also managed professionally to generate profits that can be used for community empowerment. This research will examine how productive waqf management can make a real contribution to the local economy. Aspects to be studied include waqf asset management methods, economic sectors and long-term economic impacts resulting from the implementation of productive waqf from the perspective of maqashid al-syariah. Using a qualitative approach, this research will collect data from various sources, including interviews with waqf managers, community leaders, and waqf beneficiaries. Data analysis will be carried out to understand the dynamics and challenges faced in managing productive waqf and identify effective strategies to maximize the economic benefits of productive waqf. It is hoped that by adhering to the five main principles of religion (ad-din), soul (an-nafs), reason (al-'aql), descendants (an-nasl), and property (al-mal), which all work toward achieving community welfare, the study's findings will shed new light on the role of productive waqf as the primary tool in sustainable economic development in Jember Regency through the maqashid sharia approach. In this way, productive waqf also becomes a model of sustainable and inclusive economic development at the local level.
Urgency of reforming the zakat management system in Indonesia Su’udi, Muhammad Arif; Kusnadi, Egi Hadi; Rouf, Abd.
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.v11i1.1958

Abstract

BAZNAS is an institution authorized to manage zakat nationally. In terms of calculating the percentage of zakat according to the law, it is not the main task of BAZNAS, but is left to the muzakki themselves. This is contrary to the spirit in the concept of zakat itself (khudh min amwalihim sadaqah). Among the impacts of the ineffectiveness of the system that is most felt is the distance between the potential and the amount of zakat that BAZNAS has managed to collect. The potential for zakat in Indonesia reaches 327 trillion per year, while the acquisition of zakat in 2023 is only 20 trillion. This research is a normative legal research with a conceptual-descriptive approach and use the legal content analysis technique. The theoretical framework used in this study is the concept of the spirit of zakat management and the concept of zakat as a public financial instrument. The conclusion obtained from this study is the need for system reform through strengthening the position and more attention by the state to BAZNAS as a trusted institution in the eyes of Muslims, so that it can be relied on to be used as part of public revenue institutions. In addition, BAZNAS also needs to change the perspective that zakat is an initiative of muzakki to pay it, but must be more active in "picking up the ball" to come to the regions to explore the potential of existing zakat.
The benefits of changing the marriage age limit in the marriage law from the perspective of Islamic law Firdausiyah, Vita
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.v11i1.1963

Abstract

Marriage is a sacred institution governed by Islamic law and national marriage law. Previously, the minimum age for marriage was regulated in Article 7 Paragraph (1) of Law Number 1 of 1974, allowing men to marry at 19 and women at 16. However, this regulation was deemed irrelevant to the principle of maslahah in Islamic law, which aims to promote benefits and prevent harm. Consequently, the government enacted Law Number 16 of 2019, which raised the minimum marriage age for women to 19 years. This study aims to analyze the impact of the age limit changes introduced by Law Number 16 of 2019 from the perspective of maslahah in Islamic law. The research method employed is library research with a normative juridical approach, using primary sources such as the Qur'an, Hadith, fiqh principles, Law Number 16 of 2019, and Constitutional Court Decision Number 22/PUU-XV/2017. The findings reveal that the changes have philosophical, sociological, and juridical implications. Philosophically, they reflect the state's commitment to eliminating discriminatory practices. Sociologically, the changes have led to an increase in marriage dispensation requests in Religious Courts. Juridically, the amendments align with the principles outlined in the Compilation of Islamic Law (KHI) and Law Number 1 of 1974. From the maslahah perspective, the revised law upholds the protection of religion, life, lineage, intellect, and property while contributing to national goals, including economic growth, poverty reduction, and the protection of children's rights.
Analysis of online gambling crime prevention policies according to positive law and Islam in Indonesia Susantyo, Herdy Pratama; Abdillah, Gadman Futor; Sanhaji, Mochammad Taufik; Romzi, Muhammad; Erfandi, Muhammad
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.v11i1.1983

Abstract

The development of information technology, especially the internet, has had a significant impact on various aspects of human life, including the increasing prevalence of online gambling in Indonesia. This research aims to analyze the policies for combating online gambling crimes based on positive law in Indonesia and the perspective of Islamic law. Using a normative legal method with a library approach, this research analyzes legislation, academic journals, and related legal literature. The research results show that although Indonesia has regulated online gambling through the Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE), the existing policies still face challenges in terms of implementation and supervision. The rapid development of technology and the cross-border nature of online gambling are the main obstacles in addressing the issue. In the perspective of Islamic law, online gambling is considered haram because it contains elements of speculation and harms society. Therefore, the Islamic legal approach emphasizes prevention, education, and rehabilitation. The recommendations put forward include updating regulations to be more responsive to new technologies, enhancing law enforcement capacity, and strengthening rehabilitation programs for offenders. This research is expected to contribute to the development of more effective policies in addressing online gambling in Indonesia.
Formalisasi syariat islam di Indonesia: Tinjauan historis Ahmad Asroni
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.v10i2.1985

Abstract

This study analyzes the history of the formalization of Islamic sharia in Indonesia from the Islamic kingdom era to the reform era. The focus of the study includes how Islamic sharia was implemented in various periods, starting from the Islamic kingdom, colonial era, post-independence, New Order period, to post-reform. This research uses library research method with historical-critical analysis of books, academic journals, historical documents, laws and regulations, and previous research. The results show that the formalization of Islamic sharia has undergone various forms of adaptation and transformation. During the Islamic kingdom period, sharia was applied in criminal law and royal administration. In the colonial era, Islamic law was recognized in the family sphere through religious courts, although its jurisdiction was limited. The Japanese occupation saw formalization through the Shūmubu as a political tool. Post-independence, there was a debate between Islamic and nationalist groups over the basis of the state, followed by the DI/TII rebellion that sought to establish an Islamic state. In the New Order era, although Islamic political policies tended to be repressive, the 1990s saw the accommodation of Islamic law in the regulation of marriage, Islamic banking and zakat. Reform brought new opportunities with the emergence of sharia-based regional regulations along with decentralization. This study shows that the formalization of Islamic sharia in Indonesia is dynamic and influenced by political, social, and legal factors in each era.
Prohibition of lutah darah marriage according to 'urf: A case study on the community of Deling Village, Sekar District, Bojonegoro Regency Fauziyah, Ririn; Shidiq, Agus Sholahudin
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.v11i1.1994

Abstract

The prohibition of lutah darah marriage is a cultural practice preserved by the Deling Village community in Sekar District, Bojonegoro Regency, which forbids marriage involving routes that pass through the father's birthplace. This research explores the relevance of this prohibition in the context of Islamic law and its classification as al-'urf al-sahih or al-'urf al-fasid. The study aims to analyze the legitimacy of this custom as a legal basis in Islamic jurisprudence and its implications for social harmony. A qualitative descriptive method was employed, involving interviews with local traditional leaders, observations of community practices, and analysis of secondary sources. The findings indicate that the lutah darah prohibition meets the criteria of al-'urf al-sahih, as it aligns with Islamic legal principles, does not contradict the nass, and has been practiced consistently to prevent perceived familial and social disharmony. This study concludes that the custom reflects a form of localized Islamic jurisprudence that accommodates societal traditions while upholding the objectives of maqasid al-shari'ah.
Implementation of Public Transportation Policy from the Perspective of Siyasah Tanfidziyyah in Bandar Lampung City Wibowo, Thoriq Adrian; Faizal, Liky; Latua, Abidin
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2305

Abstract

This study examines the implementation of public transportation policies in Bandar Lampung City based on Regional Regulation Number 10 of 2017 through the perspective of Fiqh Siyasah Tanfidziyyah. The main problem studied is the lack of adequate provision of public transportation even though it has been regulated in Regional regulations, especially regarding the obligation of the Regional government to guarantee the availability of public transportation as stipulated in Article 89 Paragraph (1). This study uses a juridical-normative and juridical-empirical approach with data collection techniques through in-depth interviews, field observations, and documentation studies at the Bandar Lampung City Transportation Agency. The results of the study indicate that the implementation of public transportation policies has not been running optimally due to budget limitations, minimal coordination between stakeholders, and low commitment to implementing regulations. The analysis of Fiqh Siyasah Tanfidziyyah reveals that the government as ulil amri has constitutional and sharia responsibilities in realizing public welfare through the provision of safe, comfortable, and affordable transportation facilities. This study recommends the need to revitalize the public transportation system through strengthening regulations, increasing budget allocations, and implementing good governance principles in line with Islamic values.
The rationality of rukhshah in social activities: Reviewing the ability of jama’ prayer for carnival participants in the perspective of ulama 4 madzhab Umur, Muhammad Ma'aliyal; Putra, Ahmad Fakk Dominika Taqi Aha; Afkari, Najmi Nahdin; Haq, Muhammad Izul; Farizi, Manarul Alam Al
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 1 (2026): Asy-Syari'ah: Jurnal Hukum Islam, January 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i1.2322

Abstract

This study analyzes the combination of prayer (jama’ sholat) for carnival participants and workers in the framework of classical and contemporary fiqh. The purpose of the study was to evaluate whether carnival activities meet the criteria of masyaqqah syadidah (severe difficulty) that justify the application of rukhshah (legal concessions) in the perspective of the four main schools (Hanafi, Maliki, Shafi’i, and Hanbali) as well as the views of contemporary scholars. This research offers novelty by examining the incorporation of prayer in the context of carnival, which is a contemporary social phenomenon that has not been widely discussed in fiqh literature. Previously, most fiqh studies on rukhshah focused more on travel or emergency conditions, while this study explored the application of rukhshah in the context of recreational and professional activities, such as carnivals.  Using qualitative research methods, this study analyzed classical fiqh texts, scientific articles, and related academic literature. The main findings show that carnival, as a voluntary recreational activity, does not meet the criteria of udzur syar’i to incorporate prayer. The majority of scholars prohibit the combination of prayers without a valid reason such as travel or emergency conditions. However, exceptions may apply to carnival workers who are professionally bound and risk economic harm if they leave duty, provided that this practice does not become the norm. In conclusion, although rukhshah is acceptable in limited cases, carnival activities do not justify the incorporation of prayers in general. This study highlights the need for good time management to fulfill prayer obligations without sacrificing work or social activities.

Page 15 of 16 | Total Record : 156

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