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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. 3 No. 2 (2023)" : 6 Documents clear
KEADILAN SEBAGAI MAQĀṢID AL-ḌARŪRIYYĀT DALAM KEBUTUHAN SOSIAL MODERN MZ, Husamuddin; Efendi, Sumardi; Khamisan, Khamisan; Risaldi, Merta
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (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.v3i2.47

Abstract

The reconstruction agenda occurred in the early era of the emergence of the theory of maqāṣid al-syarīah, starting from the era of Al-Syafi'ī who is considered to be the first figure to use the term maqāṣid al-syarīah, up to the era of Muhammad Al-Ṭāhir Ibn 'Āsyūr who tried to apply this theory in the world real. There is a change in construction in the theory of maqāṣid al-syarīah, following changes in the context of maqāṣid al-ḍarūriyyāt in Al-Kullīyāt Al-Khamsah. This research examines the value of justice as maqāṣid al-ḍaruriyyāt in modern social needs. This research is library research, with descriptive analysis methods. The research results found; Firstly, the construction of al-kulliyyat al-khamsah has essentially begun to have discussions and differences regarding the placement of the order of emergency levels in the early eras. Second, the fundamental values of maqāṣid al-syarī'ah have been concluded using inductive methods (istiqra') by figures such as Al-Ghazālī, 'Izz Al-Dīn Ibn 'Abd Al- Salām and Al-Syāṭibī. According to 'Abdullah Saeed, Muhammad Al-Ghazalī and Luai Ṣāfī, in the modern era a number of new values can be developed using the istiqra method', new human rights that are important today can contain the universality of values. One of the important and fundamental values in religious texts as part of human rights which is a modern social need is 'justice', making it relevant as a fundamental maqāṣid and as a maqāṣid kullī which includes various aspects of maqāṣid juz'ī.
PENGARUH SYARIAH DALAM PRAKTEK BISNIS MIKRO DAN KECIL A Natsir, Andi Fadhilah; Saeni, Jufri
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (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.v3i2.50

Abstract

This article aims to analyze the influence of sharia in micro and small business practices. The method used is library research, where the data collection is by understanding and examining and studying the theories contained in books, articles, journals, and previous research results as a reference that is relevant between the theory that is recognized with the theme raised. The result of this paper is that the influence of sharia in micro and small business practices is to provide dedication in the form of services and products that provide benefits to many people and stay away from goods that provide mudharat. Then in terms of price, it is also regulated so as not to make it difficult for consumers so that the products and services offered are commensurate with the price offered.
PERKAWINAN BEDA AGAMA: DISHARMONI NORMA HUKUM DI INDONESIA Likuwatan, Rauf; Abubakar, Fatum
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (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.v3i2.53

Abstract

This article discusses interfaith marriages and the occurrence of disharmony in Indonesian legal norms. Disharmony arose because it received legitimacy from several District Courts based on the legal norms contained in the Elucidation to Article 35 letter (a) of Law no. 23 of 2006 concerning Population Administration. Even though the legal norm of Article 2 paragraph (1) of Law no. 1 of 1974 concerning Marriage prohibits interfaith marriages which are not in line with Pancasila norms as a grundnorm. The writing method used is normative juridical through the statue approach and conceptual approach models. The research results show that the norms of Article 35 letter a in Law no. 23 of 2006 has been considered a lex specialist by District Court judges so that it allows interfaith marriages even though it threatens Pancasila norms as the highest norms and SEMA No. 23 of 2006. 2 of 2003 is a special regulatory regulation for judges so as not to legitimize interfaith marriages, then the path of constitutional review or judicial review is to end this disharmony.
HAK KHIYAR AL TADLIS DALAM TRANSAKSI JUAL BELI SEPEDA MOTOR BEKAS: PERSPEKTIF IMAM AL SHARKASI Asnita, Dessy; Rauzi, Muhammad; Dwi Kurnia, Ryzka
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (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.v3i2.69

Abstract

The subject of this research is the responsibility of khiyar al-tadlis in the process of sale and purchase of used motorcycles in Gampong Kemuning Peureulak Perspective Al Sharkasi. To analyze the data on the research has been used Qualitative Descriptive Analysis. As for this research, the results have shown that the sale transactions in Gampong Keumeng are performed orally regarding the price and conditions. However, the written transaction begins after the price is settled. Negotiations use easy-to-understand words so consumers can understand what to do when a transaction occurs. It's usually accepted both by the seller and buyer. In the practice of buying used motorcycles in the Gampong Keumuneng, the linen used is a linen. Because the damage was decided after the obstacle was made. According to Imam Al Sharkasi, if the buyer finds out the defect of the goods when making a transaction, the transaction is valid and there is no right of choice or deference afterwards because the purchaser accepts the circumstances with the condition of such goods.
ANALISIS FAKTOR PENYEBAB TINGGINYA ANGKA KASUS CERAI GUGAT/KHULU’ DI PENGADILAN AGAMA KELAS 1A KOTA TERNATE : ANALISIS FAKTOR PENYEBAB TINGGINYA ANGKA KASUS CERAI GUGAT/KHULU’ DI PENGADILAN AGAMA KELAS 1A KOTA TERNATE Stomer, Alfandi; Abdul Djalal, Marini; Abdullah, Baharuddin; Abbas, Abdul Haris; Harwis, Harwis
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (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.v3i2.70

Abstract

The reason for the high rate of divorce and divorce is no longer unstoppable, this is due to a shift in social values in society. In the last three years, the total data from 2019- 2021 was 1,929 cases consisting of 1,313 cases of contested divorce and 616 cases of talak divorce. The formulation of the problem in this research is what factors cause lawsuit divorce and analysis of the causes of the high number of lawsuit divorce cases in the Religious Courts. The type of research used is empirical juridical research using two approach methods, namely the statutory approach and the case approach, using data collection techniques by means of observation, interviews and documentation. The research results explain that first, there are four factors that cause divorce, including educational factors, economic factors, legal awareness factors, and parental interference factors. Second, of the several factors that cause divorce, the reason for the high number of divorce cases is an inseparable part of the reasons for divorce as stated in Law of the Republic of Indonesia Number 16 of 2019 concerning Marriage and also Government Regulation Number 9 of 1975 concerning Implementation of the Law. Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage.
TELAAH MAQASHID AL-SYARI`AH FENOMENA CHILDFREE DALAM REALITAS KEHIDUPAN SOSIAL Wilda Siti Hawani; Azuhria; Ilham, Muhammad
Indonesian Journal of Shariah and Justice Vol. 3 No. 2 (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.v3i2.71

Abstract

Couples who choose not to have children in their marriage are called childfree. Many married couples choose not to have children. It is indeed impossible to make a quick decision not to have children. Couples decide not to have children due to many factors. The opinion that marriage should not result in children has recently become widespread. This is sure to reap a lot of protes in society because it goes against cultural, religious and Indonesian societal norm. The reason behind this is that it is not true. This research method is qualitative, and a literature survey is used, which comes from articles and journals. Basically, not having children is allowed because of the basic laws of marriage too. On the other hand, not having children is not permitted because it is against maqashid al-syari`ah. There is no right or wrong, but the decision to however, couples must make a joint decision not to have children.

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