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Fatum Abubakar
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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 54 Documents
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PRODUK PEMBIAYAAN PINJAM SAMBIL SIMPAN UANG (PISANG) BPRS BAHARI BERKESAN KOTA TERNATE: UPAYA PENINGKATAN EKONOMI UMMAT Risdan Harly; Syaifuddin Syaifuddin
Indonesian Journal of Shariah and Justice Vol. 1 No. 2 (2021)
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 | Full PDF (549.138 KB) | DOI: 10.46339/ijsj.v1i2.11

Abstract

The purpose of the research is to find out and analyze, how the application of mudharabah agreements in the financing of Borrow While Saving Money (PISANG) at PT. PBRS Bahari Berkesan Kota Ternate, to find out and analyze, how the Role of Borrowing Products While Saving Money (PISANG) to empower efforts to improve the economy of the ummah. The research method used is a type of descriptive qualitative research. The results of the study showed the implementation of mudharabah agreements with the financing of Loan While Saving Money (PISANG) products by Bank BPRS Bahari Berkesan in Ternate City, running optimally because, many communities have been successful to improve their economies both short, medium and long term and banks are able to provide an understanding of the Islamic economic system in using Mudharabah agreements with profit sharing systems between banks and customers.
PELAKSANAAN AKAD MUDHARABAH DI BMT TUMANG SURAKARTA: ANALISA FATWA DSN-MUI NO.07/DSN-MUI/IV/2000 TENTANG PEMBIAYAAN MUDHARABAH Sumadi Sumadi; Suprihati Suprihati; Eko Verdianto
Indonesian Journal of Shariah and Justice Vol. 1 No. 2 (2021)
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 | Full PDF (621.307 KB) | DOI: 10.46339/ijsj.v1i2.12

Abstract

This study aims to determine the implementation of the Mudharabah Agreement at BMT Tumang Surakarta in accordance with the DSN-MUIfatwa no. 07/DSN-MUI/IV/2000 or not. This research was conducted at BMT Tumang Surakarta. The data analysis technique in this study useda descriptive analysis method using a qualitative approach. The results showed that the implementation of Mudharabah financing at BMTTumang was not fully in accordance with the Fatwa of DSN N0:07/DSN-MUI/IV/2000. Things that are not in accordance with DSN FatwaN0:07/DSN-MUI/IV/2000, namely if the mudharib suffers an unintentional loss, the loss should be borne by BMT Tumang, but BMT Tumang cannot bear the loss, if there is a loss, the mudharib is asked to return the principal only. But if mudharib still can't afford it then BMT Tumang is forced to disburse the guarantee. 2) The actual guarantee can only be disbursed for the mudharib who is proven to have committed an intentional mistake, but at BMT Tumang the guarantee will also be disbursed when the mudharib suffers a loss who has been given relief to pay the principal but still cannot carry out the deposit, then BMT Tumang will be forced to withdraw the guarantee.
Tinjauan Hukum Islam terhadap Sikolodha Adat Galela di Halmahera Utara Arsyad Dolosi; Muhammad Zein; Baharuddin Hi. Abdullah
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (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 | Full PDF (325.728 KB) | DOI: 10.46339/ijsj.v2i1.24

Abstract

Marriage is the only way for humans to channel their sexual desires legally and legally in the view of religion. In Indonesia, the Marriage Law explains that marriage is considered valid if it is carried out in accordance with the teachings of their respective religions. However, apart from religious factors, there are also other factors that can color a person's wedding procession, namely the traditional factor. In Soasio Village, Galela District, North Halmahera Regency, there is a custom called Sikolodha, which is a tradition or custom to take a woman to be married off to the residence of a priest, community leader or relative of a man who wants to marry her. This study tries to raise the Sikolodha phenomenon and analyze it by using an emphasis on the aspect of Islamic law. This research use desciptive qualitative approach. The results of this study found that the occurrence of Sikolodha usually occurs due to several factors, including, requests for dowry that cannot be fulfilled, no parental blessing, forced to marry another man, and getting unwed pregnancy. Meanwhile, from the aspect of 'urf, there are Sikolodha models that can be justified and some are prohibited.
Hak Istri untuk Menolak Dipoligami: Musyawarah dalam Rumah Tangga Perspektif Al-Baqarah (2): 233 Nasrullah Ainul Yaqin
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (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 | Full PDF (513.573 KB) | DOI: 10.46339/ijsj.v2i1.25

Abstract

The Universal Declaration of Human Rights (UDHR) equalizes male and female position includes of marriage life as it is mentioned in subsection 16 (1). That subsection is also taken by the Government of Indonesia as thebase of Law No. 23 2004 which contains of the Domestic Violence Abolishment (UU KDRT) to protect the women (wife) from the violences (phisically, psychologically, and sexually) which is committed by men (husbands). While in Islam both Sunnis and Syi’i scholars permit the polygamy according to an-Nisâ’ (4): 3. Wahbah az-Zuḥailî argued that the husband is legalized doing polygamy by two conditions, they are: the fairness and ability of providing for wifes by the husband. These two conditions absolutely closes the wife’s right to reject the polygamy. Though the reality are found many wifes are hurted psychologically caused by husbands who practice the polygamy. Therefore, this article discusses specifically the content of al-Baqarah (2): 233 and its implications for the wife's right to reject the polygamy. The verse “fa in arâdâ fiṣâlan ‘an tarâḍin minhumâ wa tasyâwurin fa lâ junâḥa ‘alaihimâ” is not only turns out the weaning matter, but also to other matters in the household, including polygamy. In other words, deliberations and mutual relationships between husband and wife is not limited by the issue of weaning children only, but also concerning other issues such as polygamy, where in the deliberations the wife has the right to accept or reject the wishes of her husband to do polygamy.
Penyelesaian Sengketa Hadhanah karena Istri Murtad Menurut Wahbah Al-Zuhaili dan Relevansinya dengan Hukum Islam di Indonesia Adi Karma; Mahsyar Mahsyar; Misbahuddin Misbahuddin
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (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 | Full PDF (308.52 KB) | DOI: 10.46339/ijsj.v2i1.26

Abstract

In Islam, marriage between a Muslim man and a non-Muslim woman is absolutely prohibited. If in a marriage there is a divorce because the wife is out of her religious belief (apostasy), then there is a dispute over the authority of whether the wife can carry out maintenance in the form of care for her child or not. The majority of mazhab scholars allow infidel wives to perform hadhanah on the grounds that mothers have more love for their children. However, Wahbah Az-Zuhaili in his book Fiqhul Islami wa adillatuhu, argues that the right to hadhanah is not stipulated for an apostate wife. Based on the explanation above, the main problem raised in this thesis is how the concept of hadhanah according to Wahbah Az-Zuhaili, what are the source and methodology of his thinking about hadhanah rights because the wife is an apostate and how is it relevant to Islamic law in Indonesia.
Urgensi Fatwa Mui dalam Pembangunan Sistem Hukum Ekonomi Islam di Indonesia Abidah Masrurah; Muzalifah Muzalifah
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (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 | Full PDF (355.81 KB) | DOI: 10.46339/ijsj.v2i1.27

Abstract

A fatwa is not the same as a positive regulation that limits power to all citizens, but a fatwa can have limiting powers once it is converted into a legal guideline. The fatwas given by the DSN-MUI (General Sharia Committee of the Indonesian Ulema Council) amounted to around 107 fatwas and have made a positive commitment to the guidelines for the sharia monetary regulatory framework. The DSN-MUI fatwa is an important part of the laws and regulations of the Unitary State of the Republic of Indonesia which is guided by Pancasila, the main statute of which is Belief in One Supreme God and one of the living rules is Islamic law. This standardized juridical examination technique is carried out with an astonishing logic methodology, which describes methodically, earnestly and precisely, the real factors and problems considered related to valid hypotheses and with (1) a rule approach, (2) a series of experiences (verifiable methodology), (3) political methodology (political methodology). In addition, the information obtained is broken down in a subjective juridical manner by considering the material of the entire legal instrument and then described.
Zakat Profesi dan Pemanfaatannya di Kota Ternate: Analisis Hukum Islam dan Undang-Undang Nomor 23 Tahun 2011 Burhanuddin Onde; Basaria Nainggolan; Abu Sanmas
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (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 | Full PDF (389.944 KB) | DOI: 10.46339/ijsj.v2i1.28

Abstract

This study aims to answer the problem of how professional zakat and its utilization in the city of Ternate and how the analysis of Islamic law and Law Number 23 of 2011 on professional zakat and its utilization in the city of Ternate. The method used is qualitative with an empirical juridical approach. The data analysis method used is qualitative data analysis using inductive and deductive thinking frameworks. Based on the results of the discussion, it can be concluded that the collection and management of zakat by the Amil Zakat Agency of the City of Ternate, especially professional zakat for ASN within the Ternate City Government is maximized because many muzakki (Civil State Civil Apparatuses of Ternate City) have complied with the Circular and Regional Regulations from the Government. The results of the collection of professional zakat are widely felt by the community, especially the eight groups who are entitled to receive it and those in need. In Islamic law, in essence, zakat issued from the results of one's profession (work) is an obligation, this is in line with the regulations made by the government through Law number 23 of 2011. In addition, the utilization in its distribution is in accordance with the provisions of Islamic law and the demands of the law, namely that it is given to eight groups and people who need it for their needs.
Penyelesaian Sengketa Hak Asuh Anak Melalui Litigasi: Kajian Perkara No. 011/Pdt. G/2018/Pta. Plk Neng Eri Sofiana
Indonesian Journal of Shariah and Justice Vol. 2 No. 1 (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 | Full PDF (297.828 KB) | DOI: 10.46339/ijsj.v2i1.29

Abstract

The settlement of child custody disputes becomes an endless dispute, as in case no. 011/Pdt. G/2018/PTA. Plk previously had three decisions from different courts. Custody is one of the things fought over by married couples who are going to or are getting divorced. This paper will look at how the settlement of child custody disputes is resolved by litigation as in case no. 011/Pdt. G/2018/PTA. Plk, and how the settlement is out of court or non-litigation and what considerations are used to resolve the dispute. Written using literature study with primary sources in the form of laws and related regulations. As a result, the holder of child custody is prioritized to the mother, but the regulation does not clearly state this requirement, so this is one of the judges' considerations. The consideration of judges in court as well as parties who help resolve cases outside of litigation as a whole will rely on what is best for the child by considering all aspects.
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.

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