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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
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Search results for , issue "Vol. 3 No. 1 (2023)" : 6 Documents clear
IJTIHAD ULAMA DALAM MERUMUSKAN METODE MEMAHAMI MAQÂSID AL-SYARÎ’AH Saende, Zubair Rahman; Sultan, Lomba; Syatar, Abdul
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
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.v3i1.43

Abstract

This paper is intended to find a method of understanding maqâsid al-syarî'ah in Ijtihad of Islamic law. The method used is literature review using descriptive analysis. The study in this writing demonstrates that the method of understanding maqâsid al- syarî'ah has four forms of approach taken by experts, namely (1) lafziyah, (2) maknawiyah (3) meaning outside the text using Istihsân and Istislah (Maslahah al- Mursalah) and (4) lafziyah and meaning. While there are also contemporary thinkers who develop methods of understanding maqâsid al-syarî'ah with the term al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah divided into two methods: (1) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah the development of al-adillah al-syar'iyyah ushul fiqh. (2) al-adillah al-syar'iyyah al-maqâsid al-syarî'ah iyyah excluding al- adillah al-syar'iyyah ushul fiqh. The urgency of this study is to create welfare, peace and happiness for humanity both in this world and in the hereafter and to answer problems in Islamic lawwhich do not find its law in the Qur'an and Sunnah.
WARIS DALAM PRESPEKTIF PEMIKIRAN MUHAMMAD SHAHRUR: SEBUAH PENDEKATAN TEORI HUDUD Bagus Setiawan; Waldi Nopriansyah; Nova Yanti Maleha
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
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.v3i1.45

Abstract

Al-Qur'an has determined the amount of inheritance distribution to the heirs. Regarding the issue of inheritance distribution, Shahrur then criticized that inheritance distribution had so far been considered rigid and not in accordance with the demands of social development, especially with regard to the issue of inheritance distribution for women. Therefore, this article discusses inheritance from the perspective of Muhammad Shahrur. This research method is qualitative. The results of the research show that Shahrur criticizes the distribution of inheritance between men and women, which is proportional to 2:1, is not absolute, and can change according to certain conditions. The theory of hudud or limitations is a solution to solving problems regarding inheritance rights. Through his hudud theory, a fair and equitable distribution of inheritance can be realized if the number of men and women is the same, for example; 1 boy + 1 girl, 2 boys + 2 girls, and so on. In addition, Syahrur emphasized the priority of wills over the inheritance. This is because the choice is closer to the value of the principle of justice or equity.
REAKTUALISASI PERLINDUNGAN PEREMPUAN DALAM HUKUM KELUARGA ISLAM DI ARAB SAUDI DAN MESIR Sofiana, Neng Eri; Meiningtias , Dian
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
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.v3i1.46

Abstract

The actualization of Islamic family law is a manifestation of legal reform in regulations, fatwas, and legislation, so that it can keep up with the times, and is more effective and more useful. Within the scope of the state, ulama's ijtihad and legislative policies are the basis for reforming Islamic family law, so that the actualization of the law is expected not only to suit the needs of the times but also to be the basis for the people to move forward. This research is presented in three areas of Muslim countries, namely Saudi Arabia, and Egypt. The two Muslim countries were chosen because of their work in the world and their position which is often a barometer of policy and reform of Islamic law in other countries. Furthermore, this study looks at how the two countries provide protection to women in family law reform and how the typology in family law reform is carried out with a literature study with data obtained from related literature and descriptive analysis and obtains the results that family law reform in Saudi Arabia there are still many polemics and problems that harm women, so efforts are needed to re-accredit family law reforms that can protect women, while in Egypt, efforts to protect women in family law have begun, but have not touched all aspects of family law.
PRAKTIK POLIGAMI TANPA IZIN DI BACAN TIMUR HALMAHERA SELATAN Coronas, Ahmad Abdullah; Sanmas, Abu; Umasugi, Nirwan; Harwis, Harwis; Abubakar, Fatum
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
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.v3i1.48

Abstract

The practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study aims to find the main issues that underlie the occurrence of the practice of polygamy without a permit in the East Bacan District, South Halmahera Regency. This study is field research. The research method used is descriptive qualitative research, namely a type of research that provides a systematic and factual description of situations and events regarding factors, characteristics and relationships between phenomena, with theoretical, normative and empirical juridical approaches. This study concluded that the implementation of polygamy without a permit in East Bacan District was carried out through cases of premarital pregnancy and coupled with low public awareness regarding the importance of marriage procedures. The limited budget and human resources owned by the East Bacan District KUA in conducting outreach to the people of East Bacan District have triggered the lack of attention from the Office of the Religious Affairs Office of Bacan District to minimize the incidence of polygamy without a permit in East Bacan District. The implementation of polygamy without a permit in East Bacan District had legal impacts, including the weak legal status of marriage, the absence of birth certificates for children born in polygamous marriages without permission.
LARANGAN PERNIKAHAN SESAMA SUKU MELAYU RIAU DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (Studi kasus di Desa Lubuk Terap, Kecamatan Bandar Petalangan, Kabupaten pelalawan, Provins Miftah, Ahmad Harisul; Wahyu Agung Dwi Putra
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
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.v3i1.51

Abstract

Marriage and adat are closely related to Malay tribal customs because ninik-mamak or traditional elders play an important role in wedding planning. The recommended marriage is back to bako, where a man marries the nephew of his maternal uncle, this is the ideal marriage according to the Petalangan people. There are other restrictions on marriages among the Petalangan tribe, one of which is that partners cannot come from the same matrilineal clan (tribe). Since ancient times, there has been a ban on same-ethnic marriage, and some argue that breaking this rule can be fatal. People who do not comply with these rules face customary punishments, such as fines or expulsion from the Petalang tribe. In addition, this is in accordance with the decision of the traditional elders or ninik-mamak. This research is field research with a descriptive qualitative type of research with empirical and normative juridical approaches. This research concludes that: 1. The practice of marriage among the Malays in Lubuk Terap Village still follows the customary rules that have existed since the time of their ancestors. 2. The prohibition on same tribe Malay marriages in Lubuk Village has been around since ancient times. 3. There are no verses in the Qur'an and Hadith that oblige or prohibit same tribe marriage, as well as positive law marriage regulations. In the Indonesian legal system, such as the Islamic Law Compilation (KHI), there is also no prohibition on same tribe marriages. Because of this the law of carrying out this marriage is permissible. In addition, this rule does not apply to the general public, but only to the Malays in Riau.
ANALISIS PENINGKATAN PERCERAIAN DI WILAYAH HUKUM PENGADILAN AGAMA KELAS 1A KOTA TERNATE La Tua, Jumaidin; Sahman Nasim, Abu; Marwa, Marwa
Indonesian Journal of Shariah and Justice Vol. 3 No. 1 (2023)
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.v3i1.21

Abstract

The phenomenon of increasing divorce in the Class 1 A Religious Court of Ternate is important to discuss. The data shows that in 2016-2020 the Ternate Religious Court decided divorce cases were contested (a divorce application filed by a wife) always dominated divorce divorce cases (a divorce application was filed by a husband). This research is a qualitative research by taking statistical data from the Religious Courts and interviews with perpetrators as well as Judges and Registrars. The results of the study found that the phenomenon of increasing divorce in the Religious Courts had become commonplace. The phenomena of disputes and fights, drunkenness, adultery, domestic violence, polygamy and an uncertain economy have graced the results of judges' decisions in trials, including the Ternate Religious Court. The judge's efforts to carry out mediation efforts have been made but still the increase in divorce continues to occur.

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