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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 101 Documents
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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.
Implementasi Mediasi Elektronik di Pengadilan Agama Medan Tinjauan PERMA No. 3 Tahun 2022 tentang Mediasi Elektronik Riyaldi, M.; Akbar, Ali
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.v14i1.3663

Abstract

Electronic mediation has been implemented by several courts, including the Medan Religious Court. This study addresses the following research questions: How is electronic mediation implemented in the Medan Religious Court based on Supreme Court Regulation (PERMA) No. 3 of 2022? What are the challenges encountered in its implementation? This research employs a qualitative method with an empirical approach. Data collection techniques include observation, interviews, and documentation. The findings indicate that the implementation of electronic mediation in the Medan Religious Court aligns with PERMA No. 3 of 2022. The court has designated personnel responsible for managing the equipment used in electronic mediation. The available facilities, including mediation rooms, laptops, projectors, and the Zoom application, are sufficient to conduct electronic mediation. However, several challenges hinder the process, including network disruptions that reduce mediation effectiveness, limited proficiency of involved parties in using online mediation applications, reduced direct interaction between mediators and disputing parties, and concerns regarding mediation confidentiality due to potential third-party interventions.
Tinjauan Hukum Islam terhadap Suami yang Tidak Memberikan Nafkah kepada Istri yang Bekerja: Studi di Lingkungan Aek Tapa, Kelurahan Bakaran Batu, Kecamatan Rantau Selatan Rahmadani, Laila; Hasanah, Uswatun
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.v14i1.3666

Abstract

The phenomenon of wives replacing the husband's role in earning a living in the family occurs in Aek Tapa Neighborhood, Bakaran Batu Village, South Rantau Subdistrict. The wives are forced to work to meet household needs because their husbands are not responsible for fulfilling their livelihoods. The purpose of this study is to find out the factors that cause wives to work for a living, and to find out the review of Islamic law on husbands who do not provide maintenance to working wives. The research method used by the author in this research is qualitative with an empirical approach. Primary sources are interviews with wives who play a role in earning a living and secondarysources are obtained from books, related literature and relevant articles of legislation. The results of this study conclude: One of the factors of wives working for a living is due to economic needs. Islamic Law Review of husbands who do not provide maintenance to working wives, namely a husband who does not provide maintenance for his wife on the grounds that the wife also helps earn a living, the husband is still obliged to provide for his wife and maintenance remains an absolute right for the wife even though the wife helps earn a living with the husband's permission.
Perlindungan Hak Anak Hasil Perkawinan Campuran: Analisis Putusan Pengadilan Tinggi DKI Jakarta No.495/PDT/2020/PT DKI Perspektif Maqāṣid al-Syarī‘ah Al Fikri, Muhammad Mursyid; Iwan, Iwan
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.v14i2.4360

Abstract

This study examines the protection of the rights of children from mixed marriages through the analysis of the Jakarta High Court Decision No. 495/Pdt/2020 using the Maqashid Sharia approach, aiming to understand the application of Sharia principles in determining child custody, especially concerning citizenship and emotional bonds for the child's welfare. The method used is normative juridical with a legislative and case approach, qualitative in nature, focusing on legal reasoning based on principles, doctrines, theories, and applicable legal norms, with data collected through literature studies including primary sources such as the Civil Code, Citizenship Law, Marriage Law, court decisions, secondary materials like books and journals, and tertiary sources such as legal dictionaries and encyclopedias. Descriptive analytical analysis is systematically conducted to describe and analyze the substance of legal protection for children from mixed marriages. The study results show that the application of Maqashid Sharia in the decision emphasizes the importance of protecting citizenship and maintaining the emotional relationship between the child and parents, reflecting a harmonization between positive law and Sharia principles to ensure the best rights and welfare for the child.
Paradoks Akad Mudharabah Pada Simpanan Berjangka: Perspektif Anggota BMT X Khoiroh, Fasta Bikul; Pudail, M.; Rifai, Fuad Yanuar Akhmad
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.v14i2.4369

Abstract

Mudharabah contracts in Islamic finance ideally emphasize partnership, transparency, and risk sharing. However, practices in time deposits often deviate from these principles. This study reflects on customers’ understanding of mudharabah at a BMT in Magelang using a phenomenological qualitative approach through in-depth interviews with active customers and limited observation. Findings reveal that most customers perceive themselves as passive depositors expecting fixed returns, while the institution holds dominant authority in managing the funds and determining the profit-sharing ratio. This creates unequal power relations and practices resembling conventional deposits. The study concludes a paradox between sharia ideals and practice, highlighting the need for financial literacy, transparency, and customer involvement to realize true partnership.
Problematika Pengelolaan Tanah Wakaf di Desa Entak Khabib Muhammad Al Barokah; Ma’rufi, Anwar; Abqori, Najih
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.v14i2.4079

Abstract

Waqf is a vital instrument in Islamic socio-religious development. However, its management at the village level faces significant challenges, as seen in Entak Village, Ambal Subdistrict, Kebumen Regency. This study aims to identify the main problems in waqf land management in the village and to formulate strategic solutions for improving local waqf governance. Using a qualitative case study approach, the research involved field observation, interviews with nadzir (waqf managers), and document analysis. The findings reveal three major challenges: weak capacity of nadzir in asset management, lack of formal legal status for waqf lands, and low community awareness about waqf principles and laws. As a result, many waqf assets remain underutilized or are at risk of disputes. To address these issues, the study recommends capacity-building programs for nadzir, accelerated land certification through collaboration with BPN and BWI, and community-based public education. These strategies are expected to promote more professional, productive, and sustainable waqf management at the grassroots level.

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