SYARIAH: Journal of Islamic Law
SYARIAH: Journal of Islamic Law is an open-access journal published by the Coordinator of the Private Islamic Colleges in the Region of Aceh (Kopertais Wilayah 5 Aceh) in cooperation with the Center for Research and Community Service (LP2M) STISNU Aceh. The journal is concerned with scientific publications relating to the study of Islamic law. Islamic law can be Islamic Economic Law, Islamic Family Law, Islamic Criminal Law, Islamic Constitutional Law, Zakat and Waqf Law, and Thought of Contemporary Islamic Law focused on the development of Islamic Law (sharia), and legislation which has done through library research, or field research. The publication of this academic journal is intended to enrich vocabulary Islamic law that has been developing in the present. This journal is published biannually in June and December. The journal is currently indexed and/or included by Google Scholar, etc.
Articles
70 Documents
<![CDATA[TELA’AH TERHADAP IMPLEMENTASI METODE PENENTUAN NISAB ZAKAT PROFESI DI KEMENTERIAN AGAMA KABUPATEN BONE, SULAWESI SELATAN ]]>
<![CDATA[Ismail Ismail]]>;
<![CDATA[Parman Parman]]>;
<![CDATA[Adi Maulana Rachman]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 1 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i1.648
<![CDATA[District religion Bone. The purpose of this research is to find out the method of determining the professional zakat nisab at the Ministry of Religion, Kab. Bone then compares the theory of characters, and draws a conclusion that whose opinion has been used. And the next use is to find out how the implementation of the professional zakat nisab method is carried out at the district ministry of religion. Bone. The research in the form of this thesis is a type of qualitative research with a normative approach based on the opinion of the scholars. This study focuses on the method of determining the nisab of professional zakat and its implementation. The subject of this research is the Ministry of Religion, Kab. Bone and the object of this research is the professional zakat nisab method and its implementation. Data analysis in this study used comparative descriptive analysis, comparing the events in the field with the opinions of fiqh experts in terms of zakat. Based on the results of research that has been carried out on the method of determining the professional zakat nisab at the Ministry of Religion, Kab. Bone can find a conclusion that the Ministry of Religion of Bone Regency in determining the nisab of professional zakat, namely the nisab dose is 653 kg of rice with a zakat rate of 2.5% where the method used is to analogize this professional zakat on two things, namely in terms of nisab on zakat. agriculture, so that it is issued when it is received, and on money zakat in terms of the level of zakat. Bone has been transferred to the concept of infaq, by cutting the salaries of employees who are classified as capable voluntarily every month, then from the collected funds it is used to provide assistance to employees of the district ministry of religion. Bone is deemed worthy to receive it, and it is also intended for people who apply for financial assistance to the district ministry of religion office. Bone.]]>
<![CDATA[NAFKAH ANAK TERHADAP ORANG TUA MENURUT HUKUM ISLAM ]]>
<![CDATA[Emi Yasir]]>;
<![CDATA[Marsuni Marsuni]]>;
<![CDATA[Zulkarnaini Zulkarnaini]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 1 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i1.655
<![CDATA[specifically from the laws and regulations in Indonesia and also from the perspective of Islamic law. As a result, many parents are displaced without any sense of care from their children. Even though parents are people who must be respected for caring for and raising their children. The study aims to find out and analyze the understanding of the postulate of children's livelihood towards parents in fiqh and the explanation of syar'i related to children's livelihood to parents in Islamic law. The research method used is a qualitative research method. Data are obtained through the study of documentation and literature of materials contained in the library. Data analysis is carried out qualitatively on the basis of data obtained from the library. The results showed that none of the Quranic and Sunnah arguments stated unequivocally the obligation of children to provide for their parents, but the scholars expressed the obligation to provide a husband's livelihood to his wife. Giving a living to a wife is mandatory, so giving a living to parents is also mandatory, because parents have begun to age which requires attention from children to nurture the soul (hifẓ al-nafs) as part of the islamic law. The child's livelihood towards parents is due to the existence of the closest and inseparable kinship between the child and the parents.]]>
<![CDATA[HAK JAMINAN KESEHATAN ISTRI MENURUT KETENTUAN FIQH TENTANG NAFKAH (Analisis Fiqh Al-SyÄfi’iyyah) ]]>
<![CDATA[Muhammad Yasir]]>;
<![CDATA[Fauzal Fikra]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 2 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i2.691
<![CDATA[The purpose of this study was to find out the provisions of Fiqh Al-SyÄfi'iyyah regarding the wife's maintenance and to find out the wife's health security rights according to the provisions of Fiqh Al-SyÄfi'iyyah regarding maintenance. This research is a library researchwith a qualitative type and is descriptive through a normative approach with documentation data collection techniques and content analysis techniques. The results of his research stated that the provisions of Fiqh Al-SyÄfi'iyyah regarding the wife's maintenance are that the husband is obliged to provide maintenance in the form of staple food along with side dishes, clothing and shelter. The obligation of staple food along with side dishes and clothing is adjusted to the condition of the rich, poor or middle husband, while the obligation to live is adjusted to the condition of the wife. The obligation to live is different from the obligation to eat and clothe, because the obligation to live according to the circumstances of the wife is to take advantage of it without ownership, while the obligation to eat and clothe is ownership, where the wife can have a replacement when the husband does not provide it. The wife's right to health insurance according to the provisions of Fiqh Al-SyÄfi'iyyah regarding maintenance is not mandatory. This provision is based on the qiyas (analogy) of a house being rented out. This means that a sick wife is like a rented house in a state of disrepair, and giving medicine to a wife is the same as repairing a house for the needs of the authenticity of the house which is the owner's obligation, so that the medicine is not the obligation of the husband which is the original (bodily) need of the wife which is returned to the parents. wife or himself.]]>
<![CDATA[FIQH SOSIOKULTURAL UNTUK MENEGAKAN NILAI KEMANUSIAAN UNIVERSAL ]]>
<![CDATA[Muhammad Syarif]]>;
<![CDATA[Bustamam Usman]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 1 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i1.656
<![CDATA[Re-reading the thinking products of classical scholars, especially on Islamic law (fiqh studies) is a very important thing, because the results of human thought are inseparable from the socio-cultural aspects that surround it. The concept of reforming Islamic law must be based on the spirit of grounding Islamic law within the framework of implementation and regulation through legislation. The use of a multidisciplinary methodology and approach in establishing a law is of course a matter of great urgency. With the elaboration of classical methodology and a modern scientific approach, it will produce an objective, humanist and progressive study of fiqh. There are many factors that influence the birth of fiqh books. These aspects are directly related to the life of the scholars, so they have a connection in forming their horizons of thinking. These aspects include; a) politics, b) culture, and c) social community. This product of thought is used as a tool to address religious issues which have dimensions of worship, muamalah, family law, civil and criminal law. The socio-cultural approach has made a major contribution to methodological enrichment, theoretical enlightenment, and the paradigmatic development of fiqh. So that the study of Islamic law that develops really makes a meaningful contribution to the upholding of universal human values.]]>
<![CDATA[PENGELOLAAN HARTA BAITUL MAL DAN KEMASLAHATAN UMAT: KAJIAN MASA PEMERINTAHAN KHULAFAUR RASYIDIN ]]>
<![CDATA[Shafwan Bendadeh]]>;
<![CDATA[Mohammad Haikal]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 2 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i2.693
<![CDATA[This study discusses the management of Baitul Mal asset and the benefit of the people. Baitul Mal is an institution that carries out the economic and social functions of an Islamic state that cannot be separated from the function of the caliph who has a special task of managing all the assets of the people, both in the form of income and expenses for the state. This study will discuss how the management of Baitul Mal funds during the Khulafaur Rasyidin era. This research is a library research using a descriptive method approach. By getting data from primary sources, namely texts or books that will provide an overview of the management of baitul mal funds during the reign of Khulafaur Rasyidin. The results of this study are; a) Caliph Abu Bakr Ash-Siddiq applies the concept or principle of Balance Budget Policy (equality) in the matter of living necessities and policies on Baitul Mal assets that have been collected are not allowed to accumulate in the long term, must be immediately distributed to all Muslims; b) When Umar bin Khattab became caliph, the wealth or cash owned by the state in Baitul Mal increased very significantly. Umar succeeded in expanding his territory, establishing al-Diwan, appointing a clerk for the state, setting salaries for government employees, as well as making and budgeting budgets for the armed forces in order to strengthen national defense; c) At the time of Caliph Uthman bin Affan, the wealth of the state was increasing compared to the previous caliph. Ustman also applied the principle of equality in meeting the basic needs of the community as was applied by Caliph Umar. Caliph Ustman also provided different assistance at a higher level; and d) Caliph Ali bin Abi Talib in terms of the distribution of assets applies the principle of equity. In addition, all state income stored in the Baitul Mal must be immediately given to the Muslims without any remaining or reserve funds.]]>
<![CDATA[PERBANDINGAN HUKUM PERKAWINAN SUDAN DAN HUKUM PERKAWINAN INDONESIA ]]>
<![CDATA[Sarina Aini]]>;
<![CDATA[Maisyarah Rahmi Hasan]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 1 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i1.666
<![CDATA[Sudan is a power that enforces Islamic Law as a statutory principle of unity. Sudan also a country consisting of various ethnicities and religions. Likewise, Indonesia consists of various tribes, cultures and nations and their religious diversity. Sudan and Indonesia are countries that have renewed Islamic law In the field of marriage, both Sudan and Indonesia have their own legal stipulations in this field. In this study, the author will describe the differences between Sudanese marriage law and Indonesian marriage law.]]>
<![CDATA[PEMAHAMAN HAKIM MAHKAMAH SYAR’IYAH KUALA SIMPANG DALAM MENYELESAIKAN SENGKETA EKONOMI SYARIAH ]]>
<![CDATA[Zaharullah Zaharullah]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 1 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i1.653
<![CDATA[to Law no. 7 of 1989 concerning religious courts. And the Qanun of Nanggroe Aceh Darussalam Province Number 10 of 2002 Concerning Islamic Sharia Courts, has brought a number of fundamental changes to the environment, especially in the settlement of disputes in the religious courts, so that with the enactment of Law no. 3 of 2006, and the Qanun of Nanggroe Aceh Darussalam Province Number 10 of 2002. The authority of the syar'iyah court, in addition to covering cases in the fields of marriage, inheritance, wills, grants, waqf, and alms, also includes cases in the fields of Zakat, infaq and sharia economics. Even though sharia economic dispute cases are new cases within the Syar'iyah court environment, the Kuala Simpang Syar'iyah Court judges already have competence in resolving sharia economic dispute cases.]]>
<![CDATA[ANALISIS KETENTUAN HUKUM PELAKU PEMBUNUHAN SATWA DALAM FATWA MUI NOMOR 04 TAHUN 2014 DAN QANUN ACEH NOMOR 11 TAHUN 2019 ]]>
<![CDATA[Junaidi Junaidi]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 2 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i2.670
<![CDATA[This thesis analyzes the provisions of legal sanctions and animal protection due to the increasing cases of wildlife killings in Aceh that threaten the existence of endangered animals such as Sumatran tigers, elephants, one-horned rhinos, and hornbills. To prevent this, further regulation is needed through Aceh Qanun Number 11 of 2019 concerning wildlife management and MUI Fatwa Number 04 of 2014 concerning Endangered Wildlife Conservation to Maintain Ecosystem Balance. There are two issues that are the focus of research, namely legal sanctions against perpetrators of killing protected animals in Aceh Qanun Number 11 of 2019 and MUI Fatwa Number 04 of 2014 and a review of ta'zir theory on these legal sanctions. In answering these problems, the author uses two theoretical frameworks, namely the theory of legislation and the theory of ta'zir as the authority of ulil amri, as well as the research method of normative legal studies with descriptive analysis. The results showed that criminal sanctions in Aceh Qanun Number 11 of 2019 concerning Wildlife Management in Aceh and MUI Fatwa Number 04 of 2014 concerning Endangered Wildlife Conservation to Maintain Ecosystem Balance can be explained in terms of law, prohibited acts, and criminal sanctions. In addition, the concept of criminal sanctions in the Aceh Qanun is closely related to the definition of ta'zir as a form of punishment that is flexible and can be adapted to certain social conditions and circumstances that cannot be specifically regulated in Islamic law. Therefore, this research is expected to make an important contribution to the development of legal theory and law enforcement practice in handling cases of killing protected animals in Aceh by revising the regulations.]]>
<![CDATA[ANALISIS FAKTOR PENENTU MINAT MASYARAKAT BERDONASI PADA GERAKAN INFAQ BERAS ACEH ]]>
<![CDATA[Muhammad Yasir]]>;
<![CDATA[Irwandi Irwandi]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 1 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i1.654
<![CDATA[This study aims to determine the effect of Religiosity, Income, and Situational Altruism simultaneously and partially on Community Interest in Donating at Gerakan Infaq Beras Aceh. Based on 100 questionnaires distributed to respondents, using the Probability Sampling method as measured by the Purposive Sampling technique and analyzed using multiple linear regression models, the results showed that together all the variables in this study had a positive and significant effect on Interest in Donating. Then partially the variables of Reliability, Income, and Situational Altruism have a positive and significant effect on Interest in Donating at Gerakan Infaq Beras Aceh. Promotional activities still really need to be improved considering that there are still many people who do not know about this philanthropy so that Gerakan Infaq Beras Aceh can become a great humanitarian platform and more and more people are interested in donating.]]>
<![CDATA[ANALISIS HADIS AL-WALAD LI AL-FIRĀSY DENGAN METODE ASBĀB AL-WURŪD, DAN PENALARAN LUGHAWIYAH ]]>
<![CDATA[Zaki Satria]]>
<![CDATA[ SYARIAH: Journal of Islamic Law Vol 5, No 2 (2023) ]]>
Publisher : <![CDATA[STISNU Aceh ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/sy.v5i2.672
<![CDATA[The problem of the position of children born out of wedlock is a classic problem which is still interesting to study and discuss the benefits that will arise from the problems that will be faced in accordance with changing times. Basically, many parties want to study the benefits of the position of illegitimate children using the maqasid al-syari'ah method with the aim of protecting the child's life, living a decent life and growing well, and getting rights like children born in generally. In fact, children born out of wedlock, whether sirri marriage, li'an or adulterous children, are not assigned to their father or their father's family, which causes a child not to have equal rights compared to children in general. This study tries to examine from the perspective of analysis the asbÄb al-wurÅ«d al-hadÄ«ts, lughawiyah, ta'lÄ«liyah and istiá¹£lÄhiyah methods. With this analysis it is hoped that it can answer the problem and become a solution for the legal position of children born out of wedlock.]]>
