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Reza Akbar
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Rumah Jurnal Ilmiah IAI Sambas Jl. Raya Sejangkung No.126 (Gedung Rumah Jurnal IAIS Sambas), Sambas, Kalimantan Barat, Indonesia, e-mail: jurnal.alsulthaniyah@iaisambas.ac.id
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INDONESIA
AL-SULTHANIYAH
Published by Institut Agama Islam Sultan Muhammad Syafiuddin Sambas
ISSN : -     EISSN : 27753123     DOI : https://doi.org/10.37567
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
AL-SULTHANIYAH focuses on studies in the fields of Sharia, Law, Politics & Government. The scope of study of AL-SULTHANIYAH includes: basic principles of jurisprudence, private law, criminal law, procedural law, economics and business law, constitutional law, state administrative law, international law, law and society, politics and government science, Islamic law, legal sociology, legal anthropology, and other legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol. 14 No. 1 (2025): AL-SULTHANIYAH" : 12 Documents clear
Urgensi Aspek Psikologis pada Pemeriksaan Dispensasi Kawin Perspektif Maqāṣid al-Syarīʿah Alwi, Bashori; Hudaifa Muslihatul Ummah
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3695

Abstract

This study aims to determine the extent to which psychological aspects should be involved in judges' decisions and how maqosid sharia can be the basis for how important psychological aspects are in examining marriage dispensation. This research uses a normative approach method by reviewing the results of previous researchers and analyzing using the maqosid shari'ah approach. The results of this study indicate that the psychological aspect must have a vital role to determine the mental and emotional readiness of underage brides and grooms who are often undetectable through a purely legal approach. From the perspective of maqāṣid al-syarīʿah, a competent psychological examination (conducted by experts) serves as an effort to protect the soul (ḥifẓ an-nafs), intellect (ḥifẓ al-aql) and offspring (ḥifẓ an-nasl) and can prevent potential long-term negative impacts such as divorce, trauma or mental health problems. A competent psychological assessment also contributes significantly to ensuring that early marriage can only take place in a genuine emergency in accordance with the interests of the child. This assessment also recommends strengthening regulations that require psychological assessments as an integral part of the marriage dispensation procedure in order to create fair and accountable judge decisions.
Menilai Efektivitas Peraturan Larangan Perjudian dalam Daerah: Studi Atas Perda Sambas Nomor 4 Tahun 2004 Tamrin, Tamrin; Saliro, Sri Sudono; Septemberiadi, Lando
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3319

Abstract

This study aims to answer the research problem: how is the Effectiveness of the Implementation of Regional Regulation of Sambas Regency Number 4 of 2004 Concerning the Prohibition of Gambling in the Region? What is the Position of Regional Regulation No. 4 of 2004 in the Hierarchy of legislation. The research method is qualitative, with the type of field research and using an empirical legal approach. The results reveal that Sambas Regional Regulation No. 4 of 2004 is not running effectively and cannot be applied to ensnare criminal acts of gambling in the region. Currently, the application of criminal acts of gambling in Sambas Regency applies Article 301 of the Criminal Code. While the position of Regional Regulation No. 4 of 2004 in the hierarchy of legislation is below the Law. The consequence of this is that the Regional Regulation in question is contrary to the Criminal Code as a Law in terms of the content of Gambling and has an impact on the implementation of the Regional Regulation which in reality, the Regional Regulation has never been used to ensnare Gamblers, so the Regional Regulation should be null and void by law. So to create the principle of legal certainty, Regional Regulation No. 4 of 2004 must be revoked by using Regional Regulations as well.
Restructuring of Murabahah Agreement Financing: Case Study at PT Bank Muamalat Banjarmasin Branch Office Rahmawati, Nisa; Wafa, Faqih El; Gafur, Abdul; Faridah, Faridah; Fitriani, Ahda
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3359

Abstract

This research discusses the problematic financing settlement policy regulated by Peraturan Bank Indonesia (PBI) No. 10/18/PBI/2008, Peraturan Otoritas Jasa Keuangan (POJK) No. POJK.03/2019, and Fatwa Dewan Syariah Nasional-Majelis Ulama Indonesia (DSN-MUI) No. 47, 48, 49/DSN/MUI/II/2005. Furthermore, this study analyses the implementation of these policies at Bank Muamalat KC Banjarmasin concerning relevant regulations. This research uses a qualitative approach through field research methodology, with data collection conducted through direct interviews with relevant informants. After collecting the data, the author describes, describes, and analyses the policy and implementation of financing restructuring with murabahah contracts at Bank Muamalat KC Banjarmasin. The results showed that the murabaha contract financing restructuring policy at the bank has been implemented comprehensively and by the provisions contained in PBI No. 10/18/PBI/2008, POJK No. 10/POJK.03/Year 2019, and DSN-MUI Fatwa No. 47, 48, 49/DSN/MUI/II/2005, which includes three main elements: rescheduling, reconditioning, and restructuring (3R).
Implementasi Beragama Maslahat dan Berkebudayaan Maju dalam Kehidupan Keluarga Muhammadiyah Kota Surakarta Abadi, Lukman Trijaya
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3508

Abstract

The application of the concept of religious welfare and advanced culture is an important strategy in facing the challenges of modernity and in line with the vision of the 2025-2045 RPJPN to build a harmonious, inclusive, and sustainable society. The Muhammadiyah family in Surakarta City as part of one of the largest Islamic organizations in Indonesia, plays an important role in realizing these values through education, philanthropy, and cultural preservation. This study aims to analyze the implementation of the concept of religious welfare and advanced culture in the lives of Muhammadiyah families in Surakarta City, and how these values can help families face the challenges of modernity and contribute to national development. The research method used is a qualitative approach with interview and documentation techniques. Data were obtained from Muhammadiyah family members, related literature, and relevant organizational policies. The results of the study show that Muhammadiyah families in Surakarta have succeeded in internalizing religious values through religion-based education, philanthropy through Lazismu, and inclusive health and education services.
Implementasi Akad Wakalah Bil Ujroh dalam Transaksi Marketplace pada Mahasiswa Santri An-Nawawi Berjan Purworejo Soleha, Siti Nur; Nursobah, Achmad; Ma’rufi, Anwar
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3544

Abstract

The advancement of digital technology has driven significant transformation in the economic sector, including trade through marketplaces, which offer transaction efficiency. This study examines the understanding and implementation of the Wakalah bil ujroh contract among students of An-Nawawi Berjan, Purworejo, who have a background in Islamic education and whose activities are not far behind digital applications. With a qualitative descriptive-analytical approach, data were obtained through interviews, observations, documentation, and literature reviews related to Islamic law. The analysis shows that the Wakalah bil ujroh contract is implemented by fulfilling the pillars and requirements of sharia, such as the legal capacity of the parties involved, clarity of ijab-qabul, halal transaction objects, and agreements regarding ujrah, accompanied by high values of trust and accountability. Although there are technical obstacles such as differences in perception regarding the nominal ujrah, the implementation of this contract reflects a good understanding of sharia principles in digital transactions. This research contributes to the literature on Islamic economic law and offers practical guidance for Muslim communities to integrate sharia values into the digital economy.
Dimensi Maqashid Al-‘Adl dalam Peraturan Pemerintah Nomor 35 Tahun 2024 tentang Waralaba Fatkhurrohman, Safiq; Nursobah, Achmad; Muhaini, Akhmad
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3551

Abstract

Government Regulation No. 35 of 2024 on Franchising aims to create a fair and transparent business relationship between franchisors and franchisees. This study examines the application of the maqashid al-adl principles, particularly the principles of i’ṭā’ al-ḥuqūq (giving rights to those entitled), man‘ az-zhulm (preventing injustice), al-musāwah (equality), al-wuḍūh (clarity), and at-takāful (solidarity), in the regulation to ensure the creation of a fair system that benefits both parties. Descriptive qualitative research methodology is employed, examining the text of the regulation and associated legal papers. It is anticipated that this research would aid in the creation of just and sustainable franchising regulations as well as Islamic economic law. The practical implications of this research include strengthening transparency and accountability in franchising relationships and providing protection for franchisees' rights.
Penyalahgunaan Keadaan dalam Perjanjian Kerja Waktu Tertentu (PKWT) Alih Daya: Studi Perjanjian Kerja Pada PT. MD di Kota Medan Geby Aviqa; Sunarmi; Leviza, Jelly; Harianto, Dedi
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3573

Abstract

This research examines the abuse of conditions in the Specific Time Work Agreement (PKWT) by PT. MD in Medan City, with a focus on imbalances in contract clauses that are detrimental to agency workers. The problem formulation includes the legal principles of agreements, the exoneration clause in PT's PKWT. MD, forms of abuse of circumstances, and legal protection efforts. The method used is a normative method with a statutory and conceptual approach, through literature study and field research. Data analysis was carried out qualitatively based on interviews with PKWT workers at PT. MD in 2024. The research results found that the 2024 PKWT at PT. MD that the clauses in employment contracts contain exoneration clauses in the form of provisions that are contradictory and burdensome to workers, such as exoneration clauses and mandatory overtime without compensation. Abuse of circumstances occurs due to the dominance of the bargaining position of companies that take advantage of the uncertainty of workers' employment status to suppress their rights. This condition is exacerbated by weak legal supervision and the existence of regulations that do not fully accommodate the need for certainty and legal protection for PKWT workers at PT. MD.
Implementation of Maqashid al-Syariah in Islamic Criminal Law in Muslim Countries: A Comparative Study in Saudi Arabia, Iran, Malaysia, and Indonesia Muhammad Arafat; Asmuni
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3577

Abstract

This article analyzes the implementation of Maqasid Syariah in criminal law in four. This research examines the implementation of Maqashid Sharia in Islamic criminal law in Saudi Arabia, Iran, Malaysia and Indonesia by highlighting the variations in implementation based on each country's legal system. Saudi Arabia and Iran fully implement Islamic criminal law, while Malaysia and Indonesia adopt it to some extent through their national legal systems. This study also assesses the extent to which Islamic criminal law in the four countries safeguards the five main aspects of Maqashid Sharia, namely religion, soul, mind, offspring, and property, and examines its effectiveness in upholding justice and social order. The main research question posed is: how is Maqasid Syariah implemented in the criminal law systems in these countries, and to what extent are these principles in line with human rights and national law? This study uses a qualitative approach with a library study method, where data is obtained from academic literature, legal documents, and related articles. The research findings show that the implementation of Maqasid Syariah varies from country to country depending on their respective socio-political contexts. The study found that the implementation of Maqashid Sharia in Islamic criminal law in Saudi Arabia, Iran, Malaysia and Indonesia varies, with Saudi Arabia and Iran implementing it strictly, while Malaysia and Indonesia adopted it in a dual legal system. The academic contribution lies in the comparative analysis of the effectiveness of Islamic criminal law in achieving justice and the challenges of harmonization with human rights. Its application can be a reference for policy makers in designing a more adaptive Islamic criminal law system, balanced between Islamic law and the demands of modernity.
Peran Notaris dalam Memberikan Kepastian Hukum Terhadap Hak Mewaris Penderita Ambiguous Genitalia berdasarkan Hukum Waris Islam Taris Pohan, Naufal; Suprayitno; Sembiring, Rosnidar
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3581

Abstract

In society, some individuals are born with genitalia that do not conform to typical male or female characteristics, a condition medically referred to as ambiguous genitalia. This study adopts a normative juridical approach, utilizing statutory and conceptual approaches. Legal materials were obtained through literature reviews and interviews and were analyzed using grammatical interpretation and legal argumentation techniques, including analogy. The findings indicate that, from the perspective of Islamic law, ambiguous genitalia can be classified analogously to the condition of khunsa. A notary may draft a Certificate of Inheritance Rights or an Act of Separation and Distribution of Inheritance as long as all heirs mutually agree to resolve the matter outside the court. However, if the heirs cannot reach a consensus, the notary may direct them to submit an inheritance determination request to the local Religious Court. In drafting such legal documents, a notary may act as a legal innovator to address legal gaps not yet regulated by statutory provisions, provided that all parties involved agree.
Efektivitas Efektivitas Prosedur Beracara Perkara Gugatan Sederhana di Pengadilan Agama Sukadana Febrianti, Jesica; Nizaruddin; Putri, Shely Nasya
AL-SULTHANIYAH Vol. 14 No. 1 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i1.3626

Abstract

The number of simple lawsuit cases filed in the Religious Court is very rare and minimal. This study discusses the factors behind the rarity of simple lawsuit cases and solutions to address this scarcity. The research uses a qualitative approach, with data sources obtained from interviews and documentation. The findings show that simple lawsuits at the Sukadana Religious Court are rare, with only 4 cases recorded between 2019 and 2022, and none in 2023-2024. The Religious Court has always kept up with the latest regulations on simple lawsuits, specifically the Supreme Court Regulation (Perma) No. 2 of 2015, as amended by Perma No. 4 of 2019. This regulation has been effective in handling simple lawsuit cases, but the lack of information provided to the public is one of the reasons for the scarcity, even the complete absence, of such cases at the Sukadana Religious Court. This paper highlights the importance of providing information to the public so that they understand how to seek justice regarding simple lawsuits in the religious court.

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