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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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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 51 Documents
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Search results for , issue "Vol. 14 No. 2 (2025): AL-SULTHANIYAH" : 51 Documents clear
Penyebab Kasus Cerai Gugat: Studi di Pengadilan Agama Kota Metro Arsyad, Mufid; Ja'far, A. Kumedi
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3331

Abstract

This research is based on the increasing divorce rates, where external factors such as economic instability, social pressure, and psychological incompatibility further exacerbate marital conflicts. The aim of this research is to identify and analyze the influence of these three factors in the decision-making process of couples divorcing. The research employs a qualitative method with a descriptive-analytical approach, supported by both primary and secondary data collected through interviews and documentation. The results show that economic difficulties, social neglect, and psychological incompatibility play a significant role in triggering divorce. Economic factors such as the inability of couples to meet basic needs, social factors such as stigma and family pressure, and psychological factors such as lack of effective communication, are the primary triggers for the decision to separate. In conclusion, divorce is not only caused by individual differences but also by collective pressures that disrupt marital balance. The implications of this research suggest the need for policies that support couples in facing socio-economic challenges to reduce divorce rates and maintain family harmony.
Putusan Bebas Pengadilan Negeri Gunung Sitoli Nomor: 119/PID.B/2019/PN.GST Tanggal 11 Mei 2022 terhadap Terdakwa Yang Melanggar Pasal 374 KUHP Sebayang, Dona Martinus; Mulyadi, Mahmud; Andriati, Syarifah Lisa
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3555

Abstract

The problem in this study is how criminal responsibility and proof for embezzlement in employment relations in Decision Number 119 / Pid.B / 2019 / PN Gst, what is the role and function of Judges in the law. The results showed: The criminal liability of perpetrators of embezzlement in employment relations in Decision Number 119/Pid.B/2019/PN Gst, if you look at Article 374 of the Criminal Code as demanded by the Public Prosecutor is a threat through a maximum sentence of 5 years. The role of the Judge in law through his decision is based on Article 1 paragraph (8) of the Code of Criminal Procedure which states that the Judge is a state judicial official authorized by law to prosecute. The legal analysis of the decision of the Gunung Sitoli District Court Judge who decided to acquit the defendant Agustina Ndraha in Decision Number 119/Pid.B/2019/PN Gst was considered inappropriate, because the free verdict decided by the Panel of Judges regarding the embezzlement case in employment relations submitted by the Public Prosecutor on the basis that the Judge did not apply the law properly, namely in legal considerations on incriminating matters and mitigating the Defendant regarding the conviction of the Defendant.
Inovasi Akad Pembiayaan Kartu Kredit pada Perbankan Syariah Susanto, Dedi; Rayyahun, Annisa; Sukmana, Ahyana Syahila; Lutfi, Mukhtar
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3593

Abstract

Islamic credit cards are one of the innovations in the Islamic financial system aimed at providing non-cash transaction facilities while adhering to Islamic principles. This study aims to identify the challenges and issues faced by Islamic banks in developing and implementing Islamic credit card products in Indonesia. The research method used is a literature study with a descriptive qualitative approach, referring to academic literature, fatwas from the National Sharia Council (DSN-MUI), and banking regulations. The results show that Islamic banks face several key challenges, including limited public understanding of sharia-based contracts, the need for adequate supporting technology systems, and intense competition from more widely known conventional credit cards. In addition, limited product innovation and the need for harmonization between sharia regulations and national financial authority policies remain significant obstacles. Therefore, synergy between regulators, industry players, and academics is necessary to strengthen Islamic credit card products through education, sharia financial literacy, and the development of competitive yet sharia-compliant features.
Pandangan Tokoh MUI Serdang Bedagai terhadap Pemilihan Pasangan dalam Pernikahan karena Undian: Studi Kasus Desa Pematang Setrak Kecamatan Teluk Mengkudu Fakhri, Muhammad Puji; Siregar, Ramadhan Syahmedi
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3752

Abstract

This study aims to explore the perspective of the Indonesian Ulema Council (MUI) of Serdang Bedagai Regency on the practice of marriage through a lottery system, which took place in Pematang Setrak Village, Teluk Mengkudu Subdistrict, as a response to an out-of-wedlock pregnancy case. The practice involved drawing lots among several men allegedly involved to determine who would marry the pregnant woman, in order to preserve family honor and clarify the child’s lineage. This research employed a qualitative field method through interviews with local MUI figures. The findings indicate that the MUI views such a marriage as valid under Islamic law, as long as it fulfills the essential requirements and pillars of marriage, although the lottery method is not normative in Islamic jurisprudence. The MUI also emphasizes the need for religious counseling and post-marital guidance to ensure the couple can build a family based on Islamic values. This study contributes to the contemporary discourse on Islamic law by addressing how it interacts with emerging social practices.
Pembiayaan Haji melalui Talangan Dana Perspektif Maṣlaḥah Mursalah di Desa Sigambal Akbar, Muhammad Ali; Yazid, Imam
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3770

Abstract

Hajj is one of the pillars of Islam that must be performed by Muslims who meet specific conditions, one of which is istiṭā‘ah (capability). Therefore, thorough preparation—mentally, physically, and financially—is essential for prospective pilgrims. This study aims to analyze Hajj financing through loan or advance funding schemes from the perspective of maṣlaḥah mursalah. The research employs a descriptive-qualitative method with field-based data collection. Data sources include both primary and secondary materials, such as interviews, documents, DSN MUI fatwas, books, papers, and online content. The findings reveal that the condition of istiṭā‘ah is not fully met by pilgrims who use Hajj advance funding. While this facility provides convenience for some people, especially in securing a Hajj quota earlier, it raises concerns regarding the validity of the pilgrimage, particularly in terms of financial capability. Nevertheless, in areas like Sigambal Village, this funding scheme is perceived as beneficial in increasing community participation in performing Hajj.
Religious Engineering: Analisis Perda Nomor 4 Tahun 2021 tentang Pedoman Penyelenggaraan Gerakan Etam Mengaji (GEMA) di Kabupaten Kutai Kartanegara Haya, Dita Allika Fadia; Yulianingrum, Aulia Vivi
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3800

Abstract

This study aims to examine Regional Regulation Number 4 of 2021 concerning Gerakan Etam Mengaji (GEMA) in Kutai Kartanegara Regency as a legal instrument rooted in local wisdom and Islamic values. Using a normative legal approach and Miles and Huberman’s interactive data analysis model, the research explores the regulation's content, its underlying philosophical values, and its role as a form of conservative religious engineering. The findings indicate that GEMA not only seeks to preserve the community's religious culture but also serves as a legal strategy to strengthen character development and Qur’anic literacy among students. This regulation represents a participatory legal framework supported by a reward system aimed at educational and religious institutions. GEMA exemplifies how local law can function both as a protector and driver of religious cultural values in the face of modernization.
Analisis Praktik Pembiayaan Musyarakah di Baitul Maal wat Tamwil Saudara Grabag Magelang: Perspektif Fatwa DSN MUI No. 08/DSN-MUI/IV/2000 Afifah, Umi; Purwanto; Fitriyani, Yeny
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3802

Abstract

This study aims to assess the suitability of musyarakah financing practices at BMT Saudara Grabag Magelang based on DSN-MUI Fatwa No. 08/DSN-MUI/IV/2000. Musyarakah financing is a collaboration between shahibul maal and mudarib that contributes positively to MSMEs. However, inconsistencies were found in practice, especially in terms of loss sharing and profit sharing calculations. Losses are not shared according to the proportion of each party's capital contribution, and profit sharing does not always reflect the agreed ratio. BMT Saudara also applies rescheduling to handle losses, which is contrary to the principle of musyarakah which requires proportional loss sharing. This study uses a descriptive method with interactive analysis techniques, based on primary data from interviews and observations of 1 teller, 1 manager, and 5 customer members. The results show that although sharia aspects such as ijab qabul, legal capacity, object of the contract, and dispute resolution have been implemented, there are still shortcomings in the implementation of profit and loss sharing. The study recommends that BMT Saudara adjust the practice to be more in accordance with sharia principles and the DSN-MUI fatwa.
Penggunaan Harta Waris Prapembagian Ditinjau dari Kompilasi Hukum Islam (KHI): Studi Kasus di Desa Paluh Kurau Kecamatan Hamparan Perak Hidayah, Mhd. Fajri; Hasanah, Uswatun
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3821

Abstract

This study discusses the practice of using property prior to inheritance, namely the possession or use of property carried out unilaterally by one of the heirs without the consent of the other heirs before the distribution of inheritance. This study was carried out to find out what factors caused some heirs in Paluh Kurau Village to use or control property before the distribution of inheritance and to find out the review of the law in KHI perspective. Qualitative research was applied in this study using an empirical method that used primary and secondary data sources. The primary data source is in the form of collecting data directly from the field through the results of interviews with the people of Paluh Kurau Village, then collected and used as a basis for analysis base on the Compilation of Islamic Law. Secondary data sources are books and articles related to inheritance. The results of the study concluded that some heirs in Paluh Kurau Village used their property before the distribution of inheritance and the cause was due to a lack of religious understanding, especially regarding inheritance issues, then some were due to the need for life or economy, and some were due to a lack of concern for other heirs. If analyzed from the Compilation of Islamic Law, then the practice of using property before the distribution of inheritance is inappropriate and contradictory, because legally each heir has the right to the property which must be divided according to their respective share so that the property cannot be used unilaterally without the consent of other heirs before an agreement in the distribution of inheritance occurs and each heir is aware or knows his share.
Pandangan MUI Kota Medan tentang Pemberian Masjid sebagai Mahar Pernikahan Marpaung, Ichlasul Amarul Haq; Lubis, Azwani
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.3954

Abstract

Recently, a phenomenon has emerged involving the use of a mosque as a marriage dowry (mahar), which has sparked legal debates. This study aims to analyze the perspective of the Indonesian Ulema Council (Majelis Ulama Indonesia or MUI) of Medan City regarding the practice of giving a mosque as a mahar in marriage. The research employs a descriptive qualitative method with a normative and conceptual legal approach. Data were collected through interviews with representatives of MUI Medan and a literature review of Islamic legal texts and scholarly articles related to marriage and waqf. The findings indicate that MUI Medan rejects the validity of using a mosque as mahar because a mosque is considered waqf property, which has been removed from private ownership and therefore does not meet the Islamic legal requirements for a valid mahar—that it must be something that can be lawfully owned and transferred. Nevertheless, the marriage contract remains valid if all its pillars and conditions are fulfilled, but the invalid mahar must be replaced with a mahar mithil (a customary or appropriate dowry). This study recommends the issuance of an official and explicit fatwa by the MUI to prevent public misunderstanding and to serve as guidance for marriage officers and related parties in the practice of marriage.
Analisis Yuridis Dampak Over Kapasitas pada Ruang Tahanan terhadap Hak-Hak Narapidana: Studi di Lembaga Pemasyarakatan Kelas IIB Wonogiri Dewi, Anjar Pramudita Mira; Putri, Hanuring Ayu Ardhani; Dewi, Nourma
AL-SULTHANIYAH Vol. 14 No. 2 (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.v14i2.4050

Abstract

To address the issue of overcrowding in correctional institutions, one of the alternative approaches is to replace imprisonment with other forms of sentencing, such as remission, conditional leave, and parole. These alternatives serve as optional punishments outside the primary criminal sanctions. This study employs an empirical juridical method with a descriptive approach. The findings reveal several key factors contributing to prison overcrowding, namely: (1) the rising crime rate; (2) the ease with which individuals are detained upon suspicion or indictment; (3) the lack of clear standard operating procedures (SOP) regarding detention postponement; (4) the underutilization of alternative punishments other than imprisonment; (5) the high rate of recidivism; and (6) the implementation of stricter remission policies for inmates convicted of corruption and narcotics-related crimes. The impacts of overcrowding in the Class IIB Correctional Facility in Wonogiri include: (1) difficulties for inmates in resting and engaging in activities; (2) obstruction of the right to file complaints; (3) inadequate sanitation; (4) limited access to proper healthcare services; (5) insufficient supervision; (6) suboptimal rehabilitation and self-reliance programs; and (7) increased potential for conflict among inmates.

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