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Al Mashaadir : Jurnal Ilmu Syariah
Published by Sekolah Tinggi Ilmu Syariah Ummul Ayman
ISSN : 27222276     EISSN : 27222268     DOI : https://doi.org/10.52029/jis
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
l Mashaadir : Jurnal Ilmu Syariah disajikan sebagai upaya untuk mempromosikan hasil-hasil kajian dan penelitian dalam bidang ilmu syariah. Jurnal ini merupakan jurnal yang memuat naskah di bidang Hukum Ekonomi Syariah dan Hukum Keluarga Islam ke dunia pengetahuan. Ruang lingkup dari Al Mashaadir berupa hasil penelitian dan kajian analisis - kritis di bidang Hukum Ekonomi Syariah dan Hukum Keluarga Islam dengan tujuan sebagai wadah yang kredibel bagi akademisi dan peneliti di seluruh dunia untuk menyebarluaskan karya, studi, makalah, dan bentuk penelitian lainnya. Al Mashaadir bertujuan untuk menjadi jurnal ilmiah dengan reputasi nasional serta mempromosikan kemajuan, pemahaman, dan praktik ekonomi dan hukum keluarga Islam. Pengiriman artikel di jurnal ini dapat dikirimkan ke website http://jurnal.stisummulayman.ac.id/index.php/almashaadir Informasi lengkap dan petunjuk penulisan artikel tersedia di dalam setiap terbitan. Artikel yang masuk akan melewati proses review oleh mitra bestari atau editor. Al Mashaadir diterbitkan oleh Sekolah Tinggi Ilmu Syariah, Pidie Jaya, Aceh, Indonesia. Al Mashaadir adalah jurnal ilmiah dan referensi yang menyediakan sumber informasi resmi bagi para sarjana, akademisi, dan profesional di bidang hukum keluarga Islam dan hukum ekonomi Syariah, keuangan Islam termasuk ekonomi, bisnis dan manajemen. Jurnal ini diterbitkan dalam bentuk cetak dan online serta dapat di unduh secara gratis pada website ini. Frekuensi penerbitan yaitu sebanyak dua kali dalam setahun yaitu Juni dan Desember.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 57 Documents
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Unregistered Marriage Practices and Their Consequences: A Case Study in Pesisir Selatan Regency Febrianti, Lora; Hidayat, Rahmat
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 1 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i1.170

Abstract

This research examines unregistered marriages in Pesisir Selatan Regency, obtaining marriage certificates that can be used. The problem formulation for this research is how marital status is not recorded in Pesisir Selatan Regency. The research questions are: 1. What is the background to the existence of unregistered marriages and the implementation of unregistered marriages? 2. What is the validity of unregistered marriages? 3. What is the validity of marriage books, their use and legal consequences? To answer this question, field research was used using interview and documentation data collection techniques. Next, the data that has been collected is analyzed using qualitative methods to provide an overview of the object under study through the data that has been collected and make generally accepted conclusions. The results of this research are: 1. The factors behind the existence of unregistered marriages in Pesisir Selatan Regency are due to inter-ethnic marriages, the absence of a husband or wife's divorce certificate and the existence of a marriage book as proof of the marriage. The wedding was not recorded as taking place at Katik's house, because Katik was the facilitator and/or the marriage provider. 2. The validity of an unregistered marriage has fulfilled the pillars and conditions of marriage in accordance with Islamic religious law. It turned out that there was one couple who did not fulfill the pillars and requirements for a valid marriage. 3. The marriage certificate obtained was fake. The reason it is said to be fake is because there are differences with the original marriage book, even though the marriage book is fake, it can actually be used to make a child's birth certificate.
From Upstream to Downstream: Islam and the State Preventing LGBT Tsalis, Khodijah Nur; Ali, Mardhatillah; Surahman, Surahman
Al Mashaadir : Jurnal Ilmu Syariah Vol. 4 No. 2 (2023)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v4i2.179

Abstract

The state has a constitution and Islam has a sharia that aims to regulate human life so that it runs well and does not violate the eastern norms and values adopted by Indonesian society. This article aims to examine the extent of the state's efforts through the Constitution and Islam through sharia to prevent someone from becoming LGBT. This research is a literature review with the type of normative research that uses the statute approach and phenomenological approach. Based on the analysis, the state and Islam have tried to prevent LGBT early on. The Constitution and Sharia regulate that the family is formed on a good and solid foundation in the face of LGBT issues. However, due to the lack of firmness of the Constitution, LGBT perpetrators still find loopholes to exist and change their appearance to better match the gender they want. At the end of the stage, to legalize the gender transition and be recognized by the state, they apply for a change of identity on the Indonesia Identity card through the Court. The constitution that regulates this change is also considered not firm, all returned to the judgment and decision of the judge to accept or reject their application.
Siyasah qadhaiyyah’s Invention on the Right to be a Victim of Revenge Porn Frigia, Mada Dwita; Saebani, Beni Ahmad; Amin, Muhammad
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 1 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i1.181

Abstract

This research aims to investigate the background and rights of revenge porn victims in Bandung City, while also examining Siyasah Qadhaiyah's perspective on this issue. The research method employed is qualitative descriptive analysis with an empirical juridical approach to gather and analyze data related to these cases. The findings reveal that the background of revenge porn involves easy access to technology, extortion by former partners, and legal inadequacies in combating cybercrimes. LBH Bandung emphasizes the victims' need for legal, psychological, and social support. Victim rights, including privacy, control over personal information, access to justice, and legal protection, are crucial for their recovery and are regulated in various laws such as Human Rights Law, ITE Law, Pornography Law, and the Law on Elimination of Sexual Violence. Regarding Siyasah Qadhaiyah, there is alignment with the principles of state trust and responsibility in shaping regulations according to Islamic legal principles and public welfare. Government policies in formulating the Law on Elimination of Sexual Violence and efforts in psychology, technology, law enforcement, and preventive measures, signify an orientation toward the public interest. The impact of this research lies in a better understanding of the issue of revenge porn, highlighting the need for legal and psychological protection for victims, and ensuring the fulfillment of their rights for their recovery within society. It provides a foundation for further policies that accommodate victim protection and strengthen regulations related to cybercrimes.
A Legal Consequences of the Passing Off Practice of the MS GLOW Brand by the PSTORE GLOW Brand Wibowo, Rezqiyan Bagus
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 1 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i1.188

Abstract

Intellectual Property Rights are essentially rights with special and special characteristics because these rights are granted by the State. A brand as an Intellectual Property Right is basically a sign to identify the origin of goods and services from a company with the goods and/or services of another company. One of the cases regarding Passing Off occurred in the Commercial Court Decision at the Medan District Court Number 2/Pdt.Sus-HKI/Merek/2022/PN Niaga Mdn. It started when Shandy Purnamasari filed a trademark cancellation lawsuit against PT PSTORE Glow Bersinar Indonesia. This lawsuit is based on the similarity of the brands "PSTORE GLOW" and "PSTORE GLOW FOR MEN" owned by Putra Siregar with the brands "MS GLOW/for pretty skincare & LOGO" and "MS GLOW FOR MEN" owned by Sandy Purnamasari. Shandy considers that PSTORE Glow Bersinar Indonesia has imitated his brand. The main problem in this research is what the legal consequences are for the practice of passing off the MS GLOW brand by the PSTORE GLOW brand. The research method used in this research is normative juridical with a case approach and a statutory approach. The research results show that as a legal consequence of the practice of passing off, the PSTORE Glow Brand and its derivatives can no longer be used, and the registration is considered invalid. Apart from the deletion of the PSTORE Glow brand, MS Glow can also file a criminal complaint in accordance with the provisions as intended in article 100 paragraph (1) and paragraph (2) of the Trademark and Geographical Indications Law and if PSTORE Glow is still selling its products after the decision to cancel the brand.
The Effect of Household Conflict on Mental Health in Children (Case Study in Sako District, Palembang) Hammam, Hammam; Ashari, Winning Son
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 1 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i1.197

Abstract

Conflict is a problem, a dispute that occurs between one individual and another. Conflict itself occurs in many issues, such as households, families, children and parents, siblings and so on. Domestic life inevitably requires a change in lifestyle, adjusting to the demands of responsibility, understanding the characteristics of new people around them, and establishing good relationships between spouses. The main causes of domestic conflict include: (1) Ineffective Communication, (2) Different Values and Views, (3) Financial Issues, (4) Roles and Responsibilities, (5) Interpersonal Issues, (6) Family Crisis, (7) Life Stress. Children affected by their parents' domestic conflict can experience a range of serious mental health problems. Household conflict can make them feel isolated and lack emotional support, which can worsen their depression. Based on interviews that have been conducted most of those affected or affected by domestic conflict in their parents will become more aggressive, prone to tantrums, or withdraw from their social environment. The purpose of this study is to determine how parental conflict affects children's mental health. As well as the impact that occurs on mental health in children due to parental household conflict.  This research was conducted using the interview method with informants who have been determined. In this study, researchers used a qualitative approach to analyze the data. In addition, other data collection techniques used in this study are observation, and documentation. The conclusion in this study is that children who are raised in families that experience a lot of conflict tend to have lower social skills, emotional development, and adaptability than children their age. The result can develop into anxiety disorders, low self-esteem, inability to interact, and denial.
Evaluating Murābahah Contract Practices in BPRS Financing Agreement No. 8854/MBA/11/2010 and Associated Challenges in Islamic Banking Wijaya, Adi; Fajriyati, Latifah Adi
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 1 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i1.200

Abstract

This research aims to analyze the application of the murābahah contract in BPRS financing agreement number 8854/MBA/11/2010 related to the payment period and problems that may arise in BPRS financing practices in Islamic banking. The research method uses a literature study that uses an empirical normative approach, which focuses on the application of normative law to certain legal situations that occur in society. the results showed that the application of the murābahah contract in the BPRS financing agreement Number 8854 / MBA / 11/2010 in the context of the payment period. In the application of the murābahah financing contract, the profit is not more than one-third or one-fifth and the repayment period is not more than three years because if it is more, it will cause ribā because the calculation uses a profit calculation instead of profit sharing as based on the calculation. second Problems that can occur in murābahah financing.   In the practice of murābahah financing, there are various problems that can occur, including non-transparent margins, risks of ownership and storage, problems with the quality of goods, risk of bad financing, uncertainty of market prices, high involvement of third parties and the difficulty of renegotiating and if viewed from various aspects such as sharia aspects, legal aspects, and operational aspects, it is very likely that there will be a failure in the contract.
The Synergy Between Fintech and Islamic Banking: Expanding Access to Financial Inclusion Rahmati, Arinal
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 1 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i1.215

Abstract

This study aims to examine how the synergy between Fintech and Islamic banking can expand inclusive financial access in Indonesia. Through a literature review, this research identifies the role of Fintech in digital finance based on Islamic principles and the integration of the economic ecosystem. The findings indicate that the synergy between these two sectors holds significant potential for enhancing financial inclusion. However, the study also identifies several challenges, including regulations that have not fully accommodated innovation and the need for improved digital financial literacy. The study concludes that the synergy between Fintech and Islamic banking is a strategic step towards achieving inclusive financial goals in Indonesia, but it requires support from various stakeholders to overcome the existing challenges.
Legal Aspects of Election Administration Decisions Stages of Vote Counting Recapitulation in Pidie Jaya Regency Zakaria, Muzakkir
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 2 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i2.192

Abstract

The 2024 general election in Indonesia is seen as procedurally successful in its implementation. However, if viewed substantially and in terms of fulfilling the aspect of justice, there are still many legal problems. The purpose of the study was to determine the legal aspects of the considerations of the correction decision by Bawaslu RI and the evidence process by Bawaslu Pidie Jaya in handling administrative violations of the recapitulation stage of the vote count of the election. This research is normative legal research, in its implementation it was carried out using a statute approach and a case approach and to strengthen secondary data, the reviewer added field data (field research) for primary data collection by conducting interviews. The results of the study showed the considerations and rulings of Bawaslu RI which stated that the reported party II was not involved and there were no facts stating that Reported Party II had committed an unlawful act according to the Pidie Jaya Regency Bawaslu Decision Number 001 / LP / ADM.PL / BWSL.KAB / 01.22 / III / 2024, according to the Reviewer, the considerations of Bawaslu RI in its decision No. 003/KS/ADM.PL/BWSL/00.00/111/2024 seen from the legal principle only emphasizes the principle of legal certainty alone and ignores the facts that occurred in the field during the recapitulation process of the vote count by ignoring the principle of legal benefit and the verdict of the Indonesian Election Supervisory Body which ordered the PPK to make improvements to the recapitulation of the vote count for DPRK candidates in Bandar Baru District based on C Results-DPRK caused legal problems and in its implementation caused problems. In the decision to handle administrative violations committed by the Pidie Jaya Regency Election Supervisory Body, the examination and evidence process has not been carried out effectively to find trial facts, so improvements are needed in the enforcement of election law in the future to provide justice and legal benefits.
Analysis of Public Trust Factors in Zakat Distribution Institutions (Case Study at Lazismu North Labuhanbatu) Harahap, Adly Zidan; Irawan, Deni
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 2 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i2.216

Abstract

As a religion that encompasses various aspects of life, Islam not only touches on the personal dimensions of worship but also on social and economic domains. Zakat represents one of the pillars of Islam with a social character. Every Muslim is obligated to pay zakat on certain assets that are eligible for zakat when these assets reach a specific threshold (nishab) and time period (haul). In Indonesia, there are many legally recognized zakat management organizations that distribute zakat from the community, one of which is the Lembaga Amil Zakat Infaq dan Sadaqah Muhammadiyah (LAZISMU), which is spread throughout Indonesia. This research employs a qualitative approach using observation and in-depth interviews with administrators and local communities from various professions. The study aims to analyze the factors that influence public trust in LAZISMU in Labuhanbatu Utara, North Sumatra. The results show that there are at least five factors that drive public trust in LAZISMU Labuhanbatu Utara, namely: (1) Data transparency, (2) The prominent reputation of the organization, (3) Ease of paying zakat through LAZISMU, (4) The friendliness of the zakat officers, and (5) Various social contributions of the organization to the community. The implications of this study emphasize the importance of data transparency, the development of technology-based services, zakat officer training, and relevant social programs as strategies to build and maintain public trust. These measures can be implemented by LAZISMU and other zakat institutions to enhance effectiveness and gaining more public trust.
Analysis of Discounts in Shopeepay Transactions: Perspective of Islamic Law and Sociology of Law Fadhilah, Salma Nurul; Nurcahyono, Arinto
Al Mashaadir : Jurnal Ilmu Syariah Vol. 5 No. 2 (2024)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v5i2.257

Abstract

The development of digital technology has driven changes in economic transactions, including the increasing use of digital wallets such as shopeepay. Shopeepay offers ease of transactions as well as various promos such as discounts and cashback that attract consumers. However, from the perspective of Islamic law, there is a debate about the validity of this transaction, especially related to the element of riba in the profits obtained by users. In addition, from the perspective of legal sociology, the use of shopeepay reflects how society navigates Islamic legal norms in modern economic practices. This research uses a descriptive qualitative method with a legal sociology approach. Data is collected through literature studies by analyzing relevant literature, including journals, books, and articles. The analysis was carried out by identifying people’s behavior patterns in the use of shopeepay as well as the influence of social norms and economic interests on compliance with Islamic law. Promos and incentives provided by shopeepay can be categorized as riba nasi’ah because they come from funds saved by users. Despite this, many people continue to use shopeepay because of its economic benefits, showing that economic interests are often more dominant than compliance with Islamic law. Therefore, stricter supervision from regulators and public education regarding digital transactions in accordance with sharia principles is needed.

Page 5 of 6 | Total Record : 57

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