cover
Contact Name
Januddin
Contact Email
almashaadir@stisummulayman.ac.id
Phone
+6282246159385
Journal Mail Official
almashaadir@stisummulayman.ac.id
Editorial Address
Gedung Biro Akademik STIS Ummul Ayman Lt. 1. Jl. Banda Aceh-Medan, Km.165, Desa Meunasah Bie, Kec. Meurah Dua kab. Pidie Jaya, Aceh, Indonesia, Kode Pos 24186
Location
Kab. pidie jaya,
Aceh
INDONESIA
Al Mashaadir : Jurnal Ilmu Syariah
ISSN : 27222276     EISSN : 27222268     DOI : https://doi.org/10.52029/jis
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.
Articles 57 Documents
Wife's Divorce Lawsuit and Husband's Rejection of Khuluq in the Perspective of Islamic Law Masri, Masri
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.v5i2.258

Abstract

This article explores the phenomenon of a wife filing for divorce against her husband and the rejection of khulʿ (mutual divorce) from the perspective of Islamic law. Using a normative juridical approach and textual analysis of Qur'anic verses, hadiths, and scholars' opinions, it explains the conditions under which a wife may seek divorce, the mechanism of khulʿ, and the circumstances in which khulʿ may be rejected. The study findings reveal that Islam provides space for women to uphold their rights while emphasizing the importance of justice, responsibility, and consultation in resolving marital conflicts.
Rights and Obligations of Husbands to Wife According to Law No. 1 of 1974 Article 34 and Islamic Law Fathoni, M Insan; Wanti, Siti
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.v5i2.261

Abstract

The differences in the concepts of rights and responsibilities outlined in Article 34 of Law No. 1 of 1974 and Islamic law create challenges for Indonesian society, especially regarding the roles of husbands and wives within a marriage. This study aims to explore these rights and obligations, comparing how they are defined in both legal frameworks and identifying their similarities and differences. This research is a library-based study using a comparative approach to analyze both perspectives. The findings show that, at their core, both systems prioritize family well-being and harmony. Both emphasize a husband’s duty to provide financial support and protection for his wife. However, the key difference lies in how these responsibilities are implemented and the legal foundations behind them. Islamic law places a strong emphasis on a wife’s obedience to her husband in matters that align with religious and moral principles (ma’ruf), while the law provides more detailed guidelines on the husband's duty to treat his wife well, both physically and emotionally.  Ultimately, the rights and responsibilities of a husband toward his wife, as outlined in Article 34 of Law No. 1 of 1974 and Islamic law, center around financial support, protection, and family leadership. To maintain a harmonious household, a husband must understand and fulfill these responsibilities fairly, in accordance with both legal and religious principles.
Efforts to Resolve Waqf Disputes at the Payakumbuh Religious Court Case Number: 159/Pdt.G/2019/PA.Pyk Mahfuzh, Hafizul; Zulfan, Zulfan; Elfia, Elfia
Al Mashaadir : Jurnal Ilmu Syariah Vol. 6 No. 1 (2025)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v6i1.209

Abstract

This study discusses the process of resolving a waqf dispute at the Payakumbuh Religious Court in case No. 159/Pdt.G/2019/PA.Pyk, which did not reach an agreement during the mediation stage, resulting in the lawsuit being granted. Mediation, as an important part of dispute resolution in court, aims to resolve disputes and reach a peaceful agreement between the parties. This study uses a normative legal research method. The data used in this study are secondary data, namely the decision in Case No. 159/Pdt.G/2019/PA.Pyk and legislation on waqf. To support the research, the legal materials used in this study are books, journals, and other reference sources. The data analysis used is qualitative legal analysis. The resolution of waqf disputes through mediation has legal implications for the parties, enabling them to obtain a swift decision, incur lower costs, avoid further legal proceedings, and have a decision that accommodates the interests of all parties and ensures they receive their rights fairly.
A Comparative Analysis of Ulama Opinions on the Existence of the Sighat Ta'liq Talaq in Indonesia Fizal, Ahmad
Al Mashaadir : Jurnal Ilmu Syariah Vol. 6 No. 1 (2025)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v6i1.339

Abstract

This research is descriptive-analytical in nature, aiming to describe the object of study while also conducting an in-depth analysis of it. The research method used is qualitative research, specifically library research, employing a qualitative descriptive approach that focuses on theories, concepts, and ideas. This approach seeks to reveal or describe the data or theories obtained. In classical Islamic jurisprudence (fiqh), particularly within the Shafi'i school of thought, ta'liq talaq (conditional divorce) is considered a unilateral declaration by the husband that links the occurrence of divorce to a specific condition. If the husband violates the agreement, the divorce is deemed to take effect automatically—without the wife's consent or a ruling from the religious court. However, in practice, this can lead to legal uncertainty and the potential for abuse. In contrast, under the Compilation of Islamic Law (KHI) as applied in Indonesia, ta'liq talaq is more formally and procedurally regulated. Article 45 of the KHI states that ta'liq talaq may be established as a valid marital agreement, but its declaration is not mandatory. If it is declared, it must be recorded in the marriage certificate and signed by the husband as authentic evidence. A violation of this conditional divorce agreement can only be used as a ground for divorce if submitted through a formal divorce application to the Religious Court, and the resulting divorce is not automatically considered a triple divorce (talaq tiga). According to a dictionary of fiqh terms, ta'liq talaq is defined as "making the occurrence of divorce dependent on a particular condition—thus, the divorce becomes effective when the condition is met." Meanwhile, the Compilation of Islamic Law defines ta'liq talaq as a marital agreement declared by the groom after the marriage contract, included in the marriage certificate, which contains a promise of divorce contingent on the occurrence of a certain condition in the future. The form of ta'liq talaq in Indonesia—its structure and the conditions for its establishment—differs from the concept of ta'liq talaq found in classical fiqh literature. Its content is no longer a threat from the husband to the wife, but rather a promise by the husband to treat his wife well and live with her in accordance with mu‘āsharah bi al-ma‘rūf (kind and proper companionship) as prescribed by Islamic law. Therefore, in this study, the author will describe various scholarly opinions regarding the legal status and interpretation of ta'liq talaq within the framework of Islamic jurisprudence.
Polygamy in Hermeneutics and Maqashid Sharia Approach Syahdani, Yurizka; Azizah, Nur
Al Mashaadir : Jurnal Ilmu Syariah Vol. 6 No. 1 (2025)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v6i1.340

Abstract

Polygamy is defined as the practice of a man who marries more than one woman, but with a maximum limit of four wives. The restriction on the number of wives in Islam is based on the consideration that more than four wives are considered deviant from the moral and beneficial principles regulated in sharia. This research uses the library research method, which is a research that focuses on written data sources, with the research results that polygamy is a form of emergency solution that is given in certain social conditions and in accordance with the purpose of sharia' if carried out in accordance with the principles of Islamic sharia.
Legal Protection for Consumers in Electronic Transactions E-Commerce Shopee Fawwaz, Shafira Mufiidah; Mustomi, Otom
Al Mashaadir : Jurnal Ilmu Syariah Vol. 6 No. 1 (2025)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v6i1.349

Abstract

The rapid development of digital has driven the growth of electronic transactions through e-commerce platforms, one of which is Shopee. This platform offers convenience and speed in online buying and selling. However, behind this convenience, there is a potential risk of loss for consumers, such as goods that are not in accordance, late delivery, to fraud by sellers. This raises the issue of the extent of legal protection provided to consumers in electronic transactions on the Shopee platform. This study aims to examine the form of legal protection for consumers in electronic transactions on Shopee and how the dispute resolution mechanism is in legal protection for consumers in Shopee E-commerce transactions and How the Principles of Islamic Law Legal Protection for Consumers in Shopee E-Commerce Transactions. This study uses a normative juridical method, with a statutory approach and literature studies as the main data sources. The analysis was carried out qualitatively by examining laws and regulations, Shopee policies, and case studies related to consumer protection. The results of the study show that Shopee has implemented several consumer protection mechanisms such as an escrow system, a refund service, and a complaint channel. However, there are still shortcomings in the implementation of consumer rights, especially in terms of information transparency and ineffective dispute resolution. The conclusion of this study is that legal protection for consumers in Shopee has a fairly strong basis, but its implementation is not yet optimal. Additional regulations are needed that specifically regulate e-commerce transactions and increase supervision of digital business actors.
Analysis of Factors Influencing Marital Satisfaction and External Factors Among Young Students Aged 21-28 Years (Case Study of Students of STDI IMAM SYAFI'I JEMBER) Nasution, Akmal Rasyadi; Mizbahuzzulam, Mizbahuzzulam
Al Mashaadir : Jurnal Ilmu Syariah Vol. 6 No. 1 (2025)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v6i1.267

Abstract

Marital satisfaction is a key factor in maintaining a successful and happy relationship and is a crucial factor that not only determines the quality of a husband and wife's relationship but also affects the overall stability of the family. However, marital satisfaction is often a challenge, especially among young couples aged 21-28. This study employs a qualitative approach using observation and in-depth interviews to gain a deeper understanding of the factors influencing marital satisfaction among young couples aged 21-28 who are registered as students at STDI IMAM SYAFII JEMBER. Marital satisfaction is an assessment conducted by married couples to evaluate the quality of their marriage. The more benefits a couple feels, the more evidence there is that they are satisfied with their marriage. This expert approach highlights that factors such as communication, adaptability to change, conflict management, and role balance are crucial in influencing marital satisfaction. The importance of equality in marriage includes social, educational, and religious equality between husband and wife. Biological relationships are seen as an expression of sexual desire that must be carried out with responsibility and awareness of religious principles. Good communication is the key to building a harmonious relationship, where couples must be able to listen, understand, and respond to each other constructively. Additionally, obedience to the husband based on love, respect, and cooperation is important in creating a harmonious family.