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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 67 Documents
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Tinjauan Yuridis atas Pertanggungjawaban Pengurus Baitul Maal Wa Tamwil yang Tutup terhadap Simpanan Anggota Abas, Saffana Zhafirah; Permata, Cahaya
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.v14i2.4150

Abstract

The closure of Baitul Maal Wa Tamwil has given rise to many problems, including the return of member deposits. The purpose of this research is to examine the accountability of the management of BMT that closes regarding member deposits and the form of legal protection for member deposits in accordance with legislative regulations. As normative research, this study employs a statute approach and a conceptual approach. Data is collected through document studies, then processed and analyzed qualitatively to illustrate the obligations of the management and the rights of BMT members as parties entitled to their deposits. The results of this study indicate that the management is obliged to return the member deposit funds if the losses incurred are due to negligence or intentional actions by the cooperative management in accordance with the provisions of Article 34 paragraph (1) and paragraph (2) of Law no. 25 of 1992. and the members only bear losses to the extent of their principal savings, mandatory savings, and their ownership capital, therefore the members are entitled to protection in the form of guarantees for the return of their savings.
Implementasi Jaminan Halal pada Program Makan Bergizi Gratis (MBG) di Kecamatan Medan Timur Rayhan, Muhammad; Zulham
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.v14i2.4154

Abstract

This study examines the implementation of the Free Nutritious Meal (MBG) Program in Medan Timur District, focusing on compliance with the Halal Product Assurance (JPH) as mandated by Law Number 33 of 2014. Employing a qualitative approach through interviews, observations, and document analysis, the research reveals a gap between regulatory provisions and on-the-ground practices. While the MBG program aims to improve human resource quality, reduce malnutrition and stunting, and stimulate regional economic growth, its implementation still faces challenges, including the absence of halal labels and expiration dates on some products, incomplete halal certification of food suppliers, limited infrastructure, shortage of halal auditors, weak inter-agency coordination, and budget constraints. These conditions indicate that the protection of Muslim consumers’ rights to halal and thayyib food has not been fully ensured. The study recommends strengthening technical regulations, accelerating halal certification, enhancing monitoring systems, and fostering multi-stakeholder collaboration to ensure the program’s success in line with legal mandates and Islamic principles.
Pertanggungjawaban Perdata Direksi atas Peredaran Bahan Bakar Minyak RON 90 sebagai RON 92: Tinjauan Hukum Ekonomi Syariah Harahap, Firda Ramadani; Rokan, Mustapa Khamal
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.v14i2.4166

Abstract

This study examines the civil liability of company directors for the distribution of RON 90 fuel packaged and sold as RON 92. This practice causes losses to consumers because the quality of the goods does not match the information provided. The research method employed is normative juridical with statutory and conceptual approaches, supplemented by empirical data from the Indonesian Consumers Foundation (YLKI), the Jakarta Legal Aid Institute (LBH Jakarta), and Celios analysis, which estimates consumer losses at IDR 17.4 trillion per year. The results show that directors can be held civilly liable due to elements of breach of contract and/or unlawful acts resulting from negligence in supervising and controlling the quality of marketed fuel. In Islamic commercial jurisprudence (fiqh muamalah), such actions violate the principles of a valid sales contract because of discrepancies between the goods and the promised specifications. This responsibility also includes the obligation to prevent harm (dharar) to consumers. Therefore, the liability of directors is relevant not only in positive law but also carries strong moral and shar‘i dimensions. This study emphasizes the importance of strengthening fuel quality control and applying Sharia values in state-owned enterprise governance.
Penerapan Standar Halal Pengelolaan Kantin Kampus UIN Sumatera Utara Medan Napitupulu, Serli Lestari; Permata, Cahaya
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.v14i2.4168

Abstract

The campus canteens within the UIN Sumatera Utara Medan environment have not yet obtained halal certification. The objective of this research is to examine how halal standards are implemented in the campus canteen of UIN Sumatera Utara and to identify the influencing factors. This research is an empirical legal study with a sociological and legal and statute approach. Data were collected through observation, interviews, and document studies. The data were then processed, analyzed, and described qualitatively. The findings of this research indicate that halal standards have been implemented in the campus canteen of UIN Sumatera Utara Medan, but not optimally, as halal certification has not yet been obtained, thereby leaving the halal assurance unconfirmed officially. Factors influencing this condition include the high level of trust from the academic community toward canteen operators, the lack of socialization and education from the authorities, and the absence of internal campus regulations regarding canteen certification.
Pertanggungjawaban Pembayaran Royalti Konser Perspektif Fatwa MUI Nomor 1 Tahun 2003 tentang Hak Cipta Turnip, Devi Cantika; 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.v14i2.4173

Abstract

Royalty payments for the use of musical works often raise legal issues, par-ticularly regarding the parties responsible in commercial concerts. This study aims to analyze the licensing mechanism for the use of copyrighted works under Law No. 28 of 2014, identify the parties responsible for paying royalties in concerts, and examine these obligations from an Islamic legal perspective as interpreted by the Indonesian Ulema Council (MUI). The re-search method used is normative legal research with a legislative and con-ceptual approach. The results of the study show inconsistencies between Ar-ticle 9 paragraphs (2)-(3) and Article 23 paragraph (5) of the Copyright Law, which create legal uncertainty regarding the licensing mechanism for the use of copyrighted works. In commercial concerts, the EO is designated as the party most responsible for royalty payments because it manages all as-pects of the event and derives economic benefits. From an Islamic legal per-spective, copyright falls under ḥuqūq māliyyah, which must be protected, and violations of it are categorized as ẓulm. Therefore, royalty payments are a religious obligation to uphold the principles of justice and protection of property rights in transactions.
Perlindungan Konsumen atas Penggantian Produk tanpa Kesepakatan di Marketplace Shopee Perspektif Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021 Safitri, Maysarah; Suparmin, Sudirman
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.v14i2.4180

Abstract

One form of consumer loss in the marketplace is caused by the irresponsible actions of business actors regarding the products they sell, specifically the replacement of products without prior agreement. This study aims to analyze consumer protection regarding product replacements without prior agreement on the Shopee marketplace from the perspective of Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021. The research employs a normative legal research method using a statutory approach and a conceptual approach. Data was obtained through a literature review of Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021 on marketplaces based on Sharia principles and other legal sources such as laws, books, journals, and previous studies related to this research. The results of the study indicate that product replacement without agreement can be considered a breach of contract because the business operator has failed to fulfill their responsibilities in accordance with the agreement. Article 7 letter c of the Consumer Protection Law stipulates that business actors have an obligation to treat or serve consumers fairly and honestly, without discrimination. Based on Fatwa DSN-MUI No. 144/DSN-MUI/XII/2021, when selling goods to consumers, business operators are not permitted to engage in actions that contradict Islamic law, namely tadlis (fraud), tanajusy (excessively high prices), and ghisysy (concealing defects in products).
Pendistribusian Zakat oleh BAZNAS Kabupaten Pakpak Bharat berdasarkan Undang-Undang Nomor 23 Tahun 2011 tentang Pengelolaan Zakat Aradimas, M. Ilham; Efendi, Rahmad
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.v14i2.4199

Abstract

This study aims to examine the implementation of muamalah legal principles in the distribution of zakat by the National Amil Zakat Agency (BAZNAS) of Pakpak Bharat Regency, in accordance with Law No. 23 of 2011. It also seeks to identify the challenges encountered and formulate strategic measures to improve the effectiveness of zakat distribution. The research employs an empirical juridical method, emphasizing primary data obtained directly from BAZNAS Pakpak Bharat through field research. Data were collected through direct observation and interviews with BAZNAS officials, and subsequently analyzed qualitatively to explore the practical application of law within society. The findings indicate that BAZNAS Pakpak Bharat has endeavored to apply the principles of justice, transparency, trustworthiness (amanah), benefit, and legal certainty in zakat distribution. Nevertheless, significant obstacles remain, such as low public awareness of channeling zakat through official institutions, limited human resources, accountability issues, bureaucratic complexity, and the necessity to adapt to socio-economic dynamics. Only 11 out of 78 mosque congregations are registered as Zakat Collection Units (UPZ), reflecting the untapped potential of zakat. Hence, the study recommends strengthening public education, enhancing human resource capacity, improving transparency, developing productive programs, and optimizing the role of UPZ.
Implementasi Peraturan Wali Kota Medan Nomor 26 Tahun 2024 Tentang Petunjuk Pelaksanaan Parkir Berlangganan di Tepi Jalan Umum Perspektif Siyasah Dusturiyah Audina, Yuni; Khalid
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.v14i2.4204

Abstract

This research discusses the implementation of Medan mayor's regulation number 26 of 2024 concerning instructions for implementing subscription parking on the side of public roads from the perspective of siyasah dusturiyyah, namely the concept of constitutional politics in Islam which emphasizes justice, benefit and compliance with the constitution and syar'i values in the administration of government. The aim of this research is to analyze the extent to which the implementation of these regulations is in accordance with the principles of just governance according to Islam, as well as identifying supporting and inhibiting factors for their implementation in the field. This research uses descriptive qualitative methods with a normative juridical approach and field studies. The research results show that this subscription parking policy has positive value in realizing public benefit (maslahah 'ammah) but there are still challenges in its implementation such as lack of socialization, weak supervision, and community resistance due to lack of transparency and accountability. Therefore, efforts are needed to strengthen aspects of public participation, law enforcement and bureaucratic integrity so that the implementation of this policy can be in line with the principles of siyasah dusturiyyah and realize social justice in society.
Berian sebagai Nafkah kepada Calon Isteri Perspektif Mazhab Syafi’i (Studi Kasus di Tenom, Sabah Malaysia) Morti, Mohamad Farid Adam Bin; Fatimah
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.v14i2.4210

Abstract

This study examines the practice of giving gifts or pulut by prospective husbands to prospective wives during the engagement period among the Muslim community in Tenom, Sabah, Malaysia. This practice has become deeply rooted as part of a social tradition that is considered an unwritten obligation, whereby the male party gives a certain amount of money every month from the time the proposal is accepted until the wedding day arrives. The amount varies according to family agreement, ranging from RM 300 to RM 1,000 per month, with the duration of the gift ranging from seven months to over a year. This phenomenon raises questions about the legal status of the down payment in the context of Islamic law, as well as its social impact on the prospective bride and groom. This study uses an empirical legal method with a field research approach. Primary data was obtained through in-depth interviews and direct observation of prospective grooms, prospective brides, families, traditional leaders, and religious leaders. Secondary data was collected from Islamic legal literature, Malaysian legislation, and related academic sources. Data analysis was conducted qualitatively by grouping findings based on main themes, namely the form of implementation, public perception, and Islamic legal views on the practice. The results of the study show that the public considers the down payment as a symbol of the prospective husband's seriousness and moral responsibility, but this practice can become a heavy financial burden, leading to marriage cancellations or elopements. In Islamic law, gifts given during the engagement period do not fall under the categories of dowry or maintenance, but are more appropriately categorized as gifts or customary practices permitted as long as they do not contradict Islamic law. The research discussion emphasizes the need for community education to ensure that this custom is carried out voluntarily and proportionally, so as not to hinder the purpose of marriage that is pleasing to Allah SWT.
Penyelesaian Sengketa Tanah Wakaf di Kecamatan Medan Sunggal Ditinjau dari Hukum Islam Hidayat; Fatimah
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.v14i2.4218

Abstract

Waqf land has many benefits for the community. Unfortunately, many waqf lands are not equipped with waqf deeds. This has the potential to create problems because after the waqif passes away, heirs or family members can reclaim the land. A real example occurs with waqf land that has already been built into a mosque in the Medan Sunggal sub-district, which contradicts the requirements of waqf in Islamic law. This research aims to: (1) identify the conditions and pillars of waqf according to Islamic law, (2) understand the methods of resolving waqf land disputes, and (3) analyze the Islamic legal perspective on waqf land disputes in the Medan Sunggal sub-district. The method used is normative-empirical, referencing various sources such as books, journals, legislation, observations, interviews, and other supporting literature. The results of this study illustrate how disputes over waqf land that already has a mosque can be resolved according to Islamic law.

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