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Fatum Abubakar
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fatum.abubakar@iain-ternate.ac.id
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ijsj@iain-ternate.ac.id
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Gedung Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate Jalan Lumba-Lumba Nomor 8, RT.001/RW.03, Dufa Dufa, Ternate Utara, Kota Ternate, Maluku Utara 97727
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INDONESIA
Indonesian Journal of Shariah and Justice
Published by Institut Agama Islam Negeri Ternate
ISSN : XXXXXXXX     EISSN : 28089901     DOI : https://doi.org/10.46339/ijsj
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Indonesian Journal of Shariah and Justice (IJSJ) welcomes strong evidence-based empirical studies and results-focused case studies that share research in product development and clarify best practices. The journal is the only title aiming to give an interdisciplinary and holistic view on Shariah or Islamic Law. The title is also keen to consider work from emerging authors. The scope of this journal includes Islamic law, Islamic family law, Islamic economy, maqashid shariah, anthropology of law, sociology of law, anthropology and sociology of Islamic economy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2022)" : 6 Documents clear
ROSCOU POUND: HUKUM SEBAGAI ALAT REKAYASA SOSIAL (KETERHUBUNGANNYA DENGAN KAIDAH LA YUNKARU TAGAYYUR AL-AHKAM BI TAGAYYURI AZZAMAN) Yahya, M. Yusuf; Alimuddin, Harwis
Indonesian Journal of Shariah and Justice Vol. 2 No. 2 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v2i2.22

Abstract

This study aims to reveal the relationship between Roscou Pound's thoughts and the rule of la yunkaru tagayyur al-ahkam bi tagayyuri azzaman. This study uses a qualitative approach in explaining, describing, and analyzing in-depth the research results. The data collection technique used is a literature study. This study concludes that the Roscue Pound theory; law is a tool of social engineering, contributes that the law is not imperative to society. Law is seen as having a role to change human behavior in accordance with the circumstances, and socio-cultural, dynamics of society. The law is not seen as a rigid, elastic law, this is also an emphasis on the rule of la but yunkaru taghayyur al-ahkam bi taghayyuri azzaman. Roscue Pound's theory also, Sociological Jurisprudence, has the same direction, that society has individual and collective roles in the implementation of applicable law. Positive law will only be effective if it is in harmony with the laws that live in society. Like Roscue Pound's theory, the theory in fiqh rules also opens up legal changes in society on the basis of differences in culture, different habits and customs.
PERKAWINAN ADAT DI MALUKU: ANTARA ADAT, PENDIDIKAN DAN AGAMA (STUDI KASUS TERHADAP KELUARGA MUSLIM DI JAZIRAH LEIHITU DAN KECAMATAN SIRIMAU MALUKU) Sri Wahyuni
Indonesian Journal of Shariah and Justice Vol. 2 No. 2 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v2i2.33

Abstract

This article discusses about custom of marriage in Maluku, especially in muslim family at Jazirah Leihitu and Sirimau district, in line of education, custom and religion aspects. The research shows that education, custom, and religion in the Maluku muslim society, especially in Jazirah Leihitu and Sirimau district, each has influence to the custom of marriage. The level of education becomes a determinant of marriage cost which a man must give it to his girl. The plurality of custom in Sirimau which is in Ambon city also has influence in changing the customary marriage, although the Maluku custom must be obeyed by the migrant society there. Religion also has little influence to the customary marriage, but the custom is more dominant. For the example is concept of marriage cost is more dominant than mahr in the society.
EFEKTIVITAS KURSUS CALON PENGANTIN DI KUA KECAMATAN TAGULANDANG Yusuf, Nasruddin; Lontoh, Fawzy Moro; Tadore, Nurulhimnin
Indonesian Journal of Shariah and Justice Vol. 2 No. 2 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v2i2.38

Abstract

Not all prospective brides have the knowledge and provisions related to building a harmonious household, so that many household relationships are found that do not find the purpose and meaning of a marriage. With a lack of knowledge, when dealing with conflict, the bride and groom often cannot address household issues that end in divorce. So it is necessary to provide early education about the romance of household life. This was also carried out at the KUA of Tagulandang District, Sitaro Islands Regency. Implementation of courses for prospective brides based on Regulations issued by the Director General of Islamic Community Guidance, Ministry of Religion concerning Courses for Prospective Brides No. DJ.II/491 of 2009. This Regulation of the Director General of Islamic Community Guidance is responsive and the government's concern for the high rate of divorce and domestic violence in Indonesia. This study discusses how the course of the prospective bride and groom is carried out at the KUA, Tagulandang District, Kepl. Sitaro which has been carried out for every pair of bride and groom who will carry out the wedding. Then to find out how effective the implementation of the bride and groom course is in the context of debriefing the bride and groom who will carry out the wedding. This study uses a type of research with a qualitative approach. The data collection method obtained is primary data sources, namely data from interviews with informants and participants who have attended bride-to-be courses at the KUA, Tagulandang District, Kepl. Sitaro. While other data sources, namely secondary data sources, including those that explain primary data sources, such as Perdirjen Bimas Islam No. DJ.II/491 of 2009, research results and related official documents. The results of this study concluded that it is important to hold bride and groom courses for every couple who will carry out the wedding. Even though it's not completely perfect as an inhibiting factor, at least every bridal couple is given coaching and counseling until after the wedding accompaniment.
PERAN NAZHIR DALAM PENGELOLAAN WAKAF PRODUKTIF PADA YAYASAN KESEJAHTRAAN NURUL BAHAR TOMALOU KOTA TIDORE KEPULAUAN Gunawan, Fahmi; Mahmud, Adnan; Umasugi, Nirwan
Indonesian Journal of Shariah and Justice Vol. 2 No. 2 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v2i2.39

Abstract

Waqf management lies in the existence of waqf managers, especially nazhir and a solid work team to maximize the role of waqf. If waqf is managed professionally, then it will become a potential Islamic institution that functions to fund and develop the people's economy. Therefore, the progress of waqf is largely determined by the good and bad management of waqf management. And also the waqf institution is a religious institution that has potential and economic benefits that need to be managed effectively and efficiently for the benefit of worship and advancing public welfare. The social welfare of the community that is expected cannot be realized optimally if Nazhir does not carry out his duties optimally, what is Nazhir's role in managing productive waqf at the Nurul Bahar Tomalou Welfare Foundation, Tidore City, the purpose of management is to realize the welfare of the people. Waqf has a dual function, namely the function of worship and social function. In the function of worship, waqf aims to be a provision for wakif in the afterlife because the reward continues to flow during mawqûf bih. In its social function, waqf plays a role in creating the welfare of the people when the nazhir's role is in optimal management by the nazhir. In accordance with the law. The research used is field research, namely research that seeks to find primary data obtained directly from productive waqf implementation activities. The results of research on the role of a nazir on waqf management carried out by nazirs in a professional manner provide opportunities for waqf development to be more productive, as well as provide opportunities for the application of modern management principles. Within this framework, nazhir should try to show the best possible waqf performance.
ASURANSI SEBAGAI LEMBAGA EKONOMI DALAM PERSPEKTIF HUKUM ISLAM Jaman, Najmah; Ma’ruf, Amar; Ma’arif, Fikrul
Indonesian Journal of Shariah and Justice Vol. 2 No. 2 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v2i2.40

Abstract

Muslims today are faced with contemporary economic problems caused by the development of science and technology. For this reason, Islamic economics must be able to face or answer and provide solutions or alternatives to growing economic problems, one of which is the problem of insurance. Insurance, which is closely related to muamalat, is a new type of contract that has generated a lot of discussion and opinion about insurance law from an Islamic point of view. Therefore insurance needs to be studied in depth in the perspective of Islamic law, both conventional insurance and sharia insurance.
KETERLIBATAN ORANG TUA DALAM RUMAH TANGGA ANAK DI KELURAHAN GURAPING KECAMATAN OBA UTARA Syahjuan, Yusril Ahda; Abubakar, Fatum; Alhadar, Muhdi
Indonesian Journal of Shariah and Justice Vol. 2 No. 2 (2022)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v2i2.41

Abstract

The purpose of this study was to determine the form of parental involvement in children's households in the Guraping Village, North Oba District, Tidore Islands City. The results of the study describe the habits of parents who do not understand their position in the midst of children's family life so that parents are not the arbiters between their children's disputes as husband and wife, but as unilateral decision- making that harms life between husband and wife in this case their children. The conclusion from this study is that parental involvement in children's households does not always have a positive impact on their children. In Islamic law the involvement of parents in a child's household is permissible as long as it does not contain elements of tyranny, mediating between children's disputes is not based on reasons of economic conflict. Parents must be a source of solutions for both.

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