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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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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 128 Documents
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Konsep dan Sistem Pemerintahan dalam Perspektif Islam: Upaya Mewujudkan Keadilan dalam Negara Modern Wianto, Edi Tulus; Hasibuan, Edi Saputra
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4587

Abstract

This study examines the concept and practice of statehood in Islamic thought by exploring the historical, theological, and philosophical foundations that shape the idea of an Islamic state. The discussion covers the characteristics of an Islamic state, its system of governance, and its relevance to modern political systems, particularly within the Indonesian context based on Pancasila. The findings indicate that Islam does not prescribe a fixed form of government but emphasizes universal principles such as justice, consultation (shura), trust (amanah), and public welfare (maslahah) as the foundation of governance. These values are contextual and adaptable, allowing their implementation within modern state systems that uphold pluralism and democracy. Therefore, the ideal state in Islam is not defined by its formal structure but by the extent to which Islamic values are manifested in governance to achieve justice and societal well-being.
Legalitas dan Implementasi Wakaf Online Menurut MUI Sumatera Utara: Studi pada Yayasan Darul Waqaf Al-Hadiy Siregar, Pangundian; Muhibbussabry
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4627

Abstract

The implementation of online waqf at the local level currently faces a dual challenge between massive technological adoption and the unpreparedness of legal-administrative aspects. In North Sumatra, although waqf institutions have transitioned to digital platforms, there remains an absence of regional technical fatwas and obstacles in the formal verification of nazhir that may undermine public trust. This study aims to analyze: (1) the perspective of the North Sumatra Indonesian Ulema Council (MUI) regarding the legality of online waqf; (2) the technical implementation at the Darul Waqaf Alhadiy Foundation in Medan City; and (3) the conformity of these mechanisms with both Islamic and positive law. This research employs a juridical-empirical method, with data collected through interviews, documentation, and field observation. The findings indicate that the North Sumatra MUI considers online waqf to be substantively valid as long as it fulfills the essential pillars (rukn al-waqf), although no specific technical guidelines have yet been issued. The Darul Waqaf Alhadiy Foundation has implemented a digital mechanism that fulfills the requirements of electronic sighat (contract), but from the perspective of positive law, the formal legality of the cash waqf nazhir is still under verification by the Indonesian Waqf Board (BWI). The study concludes that although the online waqf mechanism has been fulfilled from a fiqh perspective, formal legalization of nazhir and the issuance of regional technical fatwas are urgently needed to ensure legal certainty and institutional accountability.
Persepsi Masyarakat Teluk Nibung Kota Tanjung Balai terhadap Istri sebagai Pencari Nafkah dalam Perspektif Hukum Islam Dihati, Hasrat; Mukhsin, Abd.
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4809

Abstract

This study aims to examine the understanding of the people of Teluk Nibung, Tanjung Balai City, regarding the obligation of providing for the household according to Islamic law. The method used in this study is an empirical approach using interviews and observation. This study was also supported by documentation from the KUA (Office of Religious Affairs) and other religious institutions. The results of the study show that the understanding of the Teluk Nibung community regarding financial support is still limited to basic household needs such as food and shelter. People who have a deeper understanding of religion tend to understand financial support in a broader context, including education and health, and assume that the husband's obligation to provide financial support can be reduced or waived when the wife has an income. This study also reveals irregularities in the provision of nafkah, which are influenced by the family's economic conditions. The conclusion of this study is that the Teluk Nibung community's understanding of nafkah needs to be broadened through more comprehensive and continuous education regarding the obligation of nafkah in Islam.
Analisis Yuridis Praktik Top Up Game Online Anak di Bawah Umur Perspektif Maqāṣid al-Syarī‘ah Naipospos, M Ikhsan H; Hidayat, Rahmat
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4881

Abstract

The rapid growth of the online gaming industry has led to an increasing practice of online game top-ups, including those conducted by minors. This phenomenon raises legal concerns, as minors lack full legal capacity to perform binding legal acts, yet they are actively involved in digital transactions. This study aims to analyze the practice of online game top-ups by minors from the perspectives of positive law and maqāṣid al-sharī‘ah. This research employs a normative-empirical legal method with a qualitative approach, using literature review and interviews as data collection techniques. The findings indicate that online game top-ups conducted by minors potentially involve legal defects due to the absence of legal capacity and weak age verification mechanisms on gaming platforms. From the perspective of maqāṣid al-sharī‘ah, such practices tend to conflict with the objectives of protecting wealth (ḥifẓ al-māl) and intellect (ḥifẓ al-‘aql), as they may encourage consumptive behavior and dependency among minors. This study emphasizes the need to integrate positive law and maqāṣid al-sharī‘ah to strengthen child protection in digital transactions.
Menakar Konstitusionalitas Penunjukan Penjabat (Pj) Kepala Daerah dalam Masa Transisi Demokrasi Guanti, Wiwin
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.v14i2.4901

Abstract

The vacancy of positions in hundreds of autonomous regions following the expiration of definitive regional heads’ terms has been addressed by the central government through a massive, centralized, and prolonged regime of appointing Acting Officials (Penjabat, Pj). This paper offers a comprehensive juridical-normative analysis of the constitutionality of this mechanism, focusing on the tension between administrative discretion (freies ermessen) and the principle of popular sovereignty. The study examines the coherence of Minister of Home Affairs Regulation (Permendagri) No. 4 of 2023 with the mandates of Constitutional Court Decisions No. 67/PUU-XIX/2021 and No. 15/PUU-XX/2022, as well as evaluates the phenomenon of “administrative dual function” through the placement of active TNI/Polri officers. The findings reveal that the absence of implementing regulations at the level of Government Regulation (PP) and the lack of meaningful participation have degraded the quality of regional autonomy, created a legitimacy deficit, and opened opportunities for abuse of power that undermine the principles of a democratic rule of law.
Pengaturan Pidana terhadap Perbuatan Asusila Sesama Jenis dalam Delik Perzinaan di Indonesia Ferdiansyah, Farhan; Usman; Erwin
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4524

Abstract

This study aims to analyze the criminal law provisions concerning same-sex immoral acts within the context of adultery offenses in Indonesia, particularly in light of the reform of national criminal law under the 2023 Criminal Code (KUHP). The research employs a normative legal method with statutory, conceptual, comparative, and case approaches. The findings indicate that neither the old nor the new Criminal Code explicitly criminalizes sexual orientation or consensual same-sex relations between adults. The new Criminal Code instead broadens the scope of morality-related offenses through Articles 411 and 414, emphasizing the protection of morality, public order, and the institution of marriage, while restricting enforcement through the mechanism of an absolute complaint (delik aduan absolut). The legal implications demonstrate the state’s attempt to balance public morality with respect for human rights, although the potential for indirect discrimination remains in legal practice.
Pengaturan Pemusnahan Barang Bukti Digital Berupa Akun Elektronik dalam Sistem Peradilan Pidana di Indonesia Purnomo, Yogi; L., Sahuri; Siregar, Elizabeth
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4536

Abstract

The development of information technology has introduced a new form of evidence in criminal proceedings, namely electronic accounts that serve as instruments, means, or proceeds of crime. However, Indonesia’s criminal justice system still lacks clear and comprehensive legal provisions regarding the destruction of electronic accounts as digital evidence. Existing regulations in the Criminal Procedure Code (KUHAP), the Electronic Information and Transactions Law (ITE Law), Government Regulation No. 71 of 2019, and other technical provisions have not explicitly defined the concept, authority, or procedure for such destruction. This regulatory gap creates legal uncertainty, inconsistent practices among law enforcement agencies, and potential violations of privacy rights. This study employs a normative juridical method with statutory, conceptual, and case approaches to analyze the adequacy and coherence of current regulations. The findings highlight the need for a reformulation of criminal law policy to establish a prudent, procedurally just, and forensically accountable mechanism for destroying electronic accounts while ensuring data protection and safeguarding citizens’ privacy rights in the digital era.
Money Politics sebagai Kejahatan Pemilu Ditinjau dari Hukum Pidana Islam Sadli, Sadli; Sukiati, Sukiati
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4786

Abstract

Electoral crimes such as vote-buying and vote manipulation are serious offenses that undermine the democratic process and harm the fairness of elections. In positive law systems, perpetrators of these crimes face criminal penalties such as fines, imprisonment, or disqualification. Meanwhile, in Islamic law, such actions are viewed as forms of betrayal (khiyanah) or bribery (risywah), which may be subject to ta'zir punishments according to the judge's discretion. This study aims to compare the sanctions imposed by positive law and Islamic law on electoral crimes, as well as the moral and spiritual consequences faced by the perpetrators. The method used is a literature review of various sources of positive law and Islamic texts. The findings reveal that both positive law and Islamic law emphasize the importance of safeguarding the integrity of elections, with strict worldly penalties and warnings of severe consequences in the afterlife. Islamic criminal sanctions for perpetrators of election crimes be in the form of ta’zir, which is given at the discretion of the judge or ruler, such as fines or imprisonment. This research contributes to the understanding of election crimes from the perspective of Islamic criminal law, because ta'zir is a flexible criminal act and offers conflict resolution.
Analisis Maqāṣid al-Syarī‘ah terhadap Laki-Laki yang Meninggalkan Salat Jumat karena Menjaga Keamanan Kendaraan Jamaah: Studi Kasus di Masjid Wilayah Kota Medan Ghiffari, Ahmad Fadhli Al; Syam, Syafruddin
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4860

Abstract

Friday prayer is obligatory for adult Muslim men; however, in several major mosques in the city of Medan, security personnel are unable to perform it because they are assigned to guard the congregants’ vehicles. This study aims to analyze the legal status of this practice within the framework of the objectives of Islamic law. The research employs a qualitative method with a case study at three mosques in Medan, using observation, interviews with security personnel, mosque administrators, and religious figures, as well as normative analysis based on fiqh and Maqasid al-Shariah. The findings indicate that the duty of guarding vehicles may constitute a valid legal excuse (‘udhr shar‘i) when it concerns public welfare, when no effective substitute is available, and when there is a real potential for harm if the duty is neglected. These findings affirm the relevance of contemporary social practices to the principles of Maqasid al-Shariah in the protection of property (ḥifẓ al-māl) and, in certain circumstances, the protection of life (ḥifẓ al-nafs), while also highlighting the need for structured mosque management.
Adat Berguru Pranikah pada Suku Gayo di Desa Serule Kayu Kecamatan Bukit Perspektif Maṣlaḥah Mursalah Saragih, Muhammad Faisal Afif; Khalid, Khalid
AL-SULTHANIYAH Vol. 15 No. 1 (2026): 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.v15i1.4978

Abstract

This study examines the edet beguru tradition among the Gayo ethnic community in Serule Village, Bener Meriah Regency. Edet beguru refers to the practice of giving advice, guidance, and moral instruction to the bride and groom as preparation for building a harmonious household. This research employs an empirical approach conducted in Serule Village, Bener Meriah. Data were collected through observation and interviews with traditional leaders, religious scholars, and local residents, and analyzed using the Ushul Fiqh framework with the maṣlaḥah mursalah method. The findings indicate that the traditional wedding ceremony of the Gayo community in Serule Village consists of twelve stages, including munginte, sesuk pantang, teniron, iserahan ku guru, sedelung, nik mas, sawah ukum, mah bai, dalem, membilang emas, beru, and mah beru. The edet beguru tradition is carried out in two forms: one day before the ijab kabul or on the wedding day before the marriage contract. This procession serves as moral and religious education, covering creed, ethics, customs, and the rights and obligations of the couple. Based on maṣlaḥah mursalah analysis, edet beguru is considered sunnah (recommended), originally mubah (permissible), as it contains significant social and spiritual benefits.

Page 12 of 13 | Total Record : 128

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