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Al Ushuliy
Published by Universitas Islam Negeri Mahmud Yunus Batusangkar
ISSN : 30251060     EISSN : 30251001     DOI : http://dx.doi.org/10.31958/alushuliy
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum with ISSN 3025-1001 (Online) and 3025-1060 (Print) is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of sharia. JISRAH encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited:Islamic Law, Islamic Family Law, Constitutional Law (Siyasah), Islamic Economic Law. The journal is published periodically twice a year, i.e., every June (first edition) and December (second edition). FOCUS Al Ushuliy provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in Sharia. SCOPE Al Ushuliy encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: 1. Usul Fiqh; Qawaid Fiqhiyyah; Philosophy of Islamic Law, Politics of Islamic Law. 2. Worship 3. Muamalah / Islamic Business Law 4. Marriage 5. Inheritance 6. Islamic Crime 7. Islamic State 8. Judiciary 9. Laws and Legislation
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 4, No 1 (2025)" : 7 Documents clear
Traditional Leadership Meets Islamic Constitutionalism: The Status of Tungku Tigo Sajarangan in Nagari Administration Zarista, Hasbi Azhari; pertiwi, dian; Raus, Afrian; Aris, Sarmen
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15512

Abstract

The purpose of this research is to find out the position of the Tigo Sarangangan stove in the nagari government system according to constitutional law and the perspective of Islamic constitutional law. The type of research applied in this research is normative legal research with a qualitative approach, which is generally known as library research. Normative legal research is a scientific research process that aims to find the truth based on scientific logic and normative aspects. The data source used is a secondary data source. Sourced from books, articles, rules, websites. The data collection technique used is by browsing materials from books, articles, websites related to research. The data analysis technique used in this research is descriptive technique. Based on the results of research conducted by the author, it can be concluded that the Tigo Sarangan stove consists of Niniak Mamak, Alim Ulama and Cadiak Pandai. In the nagari government system, the Tigo Sarangan stove has a position as a member of the nagari customary density institution (KAN), whose elements are from the niniak mamak, the nagari ulama council institution whose elements are from the ulama and the nagari government and the nagari deliberative body whose elements are from the cadiak clever. These three institutions work together and coordinate with each other in building a nagari. In Islamic constitutional law, the Tigo Sarangan furnace can be thought of as an ahlul halli wal aqdi institution, which means a deliberative institution. In carrying out their duties, these institutions both prioritize the principles of deliberation and the general principles of Allah SWT's law in carrying out their powers and duties and conveying the aspirations of the community in government.
Utilizing Temporary Employment Decrees (SK THL) as Collateral in Islamic Financing: Legal and Practical Insights from PT. BPRS Carana Kiat Andalas Suryadi, Ramadhan; zulkifli, zulkifli
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15658

Abstract

This thesis explores the use of casual employee decrees (Surat Keputusan Tenaga Harian Lepas, or SK THL) as collateral in murabahah financing, with a specific focus on practices at PT. BPRS Carana Kiat Andalas Padang Panjang. The primary aim of this study is to examine and explain the procedures involved in utilizing SK THL as collateral in murabahah contracts, to assess the legal and practical framework of such collateral within Islamic banking, and to identify the potential risks faced by the bank in applying this financing model.The research adopts an empirical juridical approach, employing qualitative methods through field research, including interviews and direct observations. Primary data were collected from key informants, including the branch manager and account officers (AO Lending) of PT. BPRS Carana Kiat Andalas. The data analysis was conducted using triangulation techniques to ensure reliability and validity.The findings reveal three key insights. First, the procedure for utilizing SK THL in murabahah financing involves a thorough evaluation of the prospective customer’s creditworthiness, income consistency, and employment status. Coordination with the employer’s finance department is essential, and prior credit history (via BI Checking) is assessed to minimize default risk. Second, while SK THL can attract new customers and enhance institutional cooperation, it also introduces significant risk due to the temporary nature of the employment and the lack of severance pay, which can increase the likelihood of installment defaults. Third, from the perspective of Sharia economic law, SK THL may serve as collateral only when the bank verifies key contractual elements—such as the validity and term of the employment agreement—to ensure financial security and mitigate financing risks.Overall, the study concludes that while SK THL may be accepted as a non-traditional form of collateral in murabahah contracts, its use necessitates a more rigorous debtor assessment process. It recommends enhancing risk analysis procedures and aligning collateral acceptance policies with both regulatory compliance and shariah principles to ensure sustainable and responsible financing.
The Legal Politics of Religious Courts in Indonesia: The Relevance of Islamic Law and Positive Law in Judges’ Decisions Aji, Ahmad Solikan; Octavia, Nurul Aini
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15676

Abstract

Religious Courts in Indonesia are an integral part of the national justice system that has an important role in resolving legal disputes related to Islam. Based on the 1945 Constitution and applicable legal provisions, Religious Courts in Indonesia are run with the aim of providing justice to Muslims in resolving civil and family problems. The legal politics of religious courts are very important to understand how the religious court system works in the context of national law and to see the extent of the relevance and influence between Islamic law and positive law in judges' decisions. The type of research used in this paper is normative legal research, while the research method used is a qualitative research method. Namely research that uses descriptive data in the form of written or spoken language from people and actors that can be observed. The conclusion of this study is that positive law and Islamic law have relevance in judges' decisions, the application of these two legal systems in Indonesia is not always easy. The biggest challenge lies in the integration and harmonization between the two. Overall, positive law and Islamic law are not two separate entities in the Indonesian justice system, but
An Islamic Political Jurisprudence Analysis of Reproductive Health Services under Article 103(4)(e) of Government Regulation No. 28/2024 Hidayat, Yoga Mai; Khairina, Khairina; Husni, Alfi; Yustiloviani, Yustiloviani; Rizal, Deri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15712

Abstract

This study examines the provision of reproductive health services as stipulated in Article 103 Paragraph (4) Letter e of Government Regulation (PP) No. 28 of 2024, focusing specifically on the distribution of contraceptives to school-aged children and adolescents. The research investigates the background and rationale behind the issuance of this regulation and analyzes it through the lens of fiqh siyasah (Islamic political jurisprudence). Employing a qualitative normative approach, this study is based on library research by systematically reviewing relevant literature, including books, scholarly articles, journals, and official publications. The researcher acts as the primary research instrument.The findings suggest that the emergence of this provision is influenced by several urgent social issues: the rise in teenage promiscuity, high rates of abortion among adolescents aged 15–19, an increasing number of marriage dispensations due to premarital sexual activity, and efforts to reduce the transmission of sexually transmitted diseases (STDs), including HIV/AIDS. From the perspective of fiqh siyasah, the legality of contraceptive distribution depends on the marital status of the recipients. For married adolescents, the use of contraceptives is considered permissible. However, for those who are unmarried, it is deemed impermissible (haram) as it potentially facilitates or legitimizes acts of zina (adultery), which are prohibited in Islamic law.
Legal Assessment Of Marriage Dispensation Applications: Insights From The Painan Religious Court Astari, Adella; Maghfira, Sa'adatul
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15715

Abstract

This study investigates the judicial considerations behind the granting and rejection of marriage dispensation applications due to out-of-wedlock pregnancies at the Religious Court of Painan. The research aims to explore the reasoning used by judges both in approving and denying such requests, providing insight into the legal, philosophical, and sociological foundations that inform these decisions.The study employs an empirical juridical approach with a qualitative method. Primary data sources include interviews with two judges who have adjudicated marriage dispensation cases at the Painan Religious Court, as well as official court decisions. Data analysis was conducted through the techniques of data reduction, data display, and conclusion drawing/verification, while data triangulation was used to ensure validity.The findings reveal that in Case No. 49/Pdt.P/2021/PA.Pn (Decision I), the judge granted the dispensation based on several considerations. Philosophically, the judge emphasized the child’s consent and evaluated the minor’s physical and psychological maturity. Juridically, there were no legal impediments to marriage. Sociologically, the judge considered the social implications of an out-of-wedlock pregnancy and concluded that immediate marriage was necessary to prevent public unrest and protect the child's dignity. The decision was also grounded in the principle of maslahah (public interest), suggesting that delaying the marriage could lead to greater harm.Conversely, in Case No. 66/Pdt.P/2022/PA.Pn (Decision II), the judge rejected the application. Philosophically, the judge noted that the adolescent’s involvement in premarital sex reflected emotional and spiritual immaturity, deeming the individual unfit for marriage. Juridically, the child was still of compulsory school age and not yet eligible for dispensation, as early childbirth carries high health risks. Moreover, permitting the marriage could lead to further legal complications, including issues of lineage (nasab). Sociologically, the judge argued that rejecting the request served as a preventive measure against increasing promiscuity among adolescents. From the perspective of maqāṣid al-sharī‘ah, the rejection was seen as an effort to uphold ḥifẓ al-nafs (protection of life), education rights, psychological well-being, and clarity of lineage.These findings highlight the nuanced and multifaceted approach of the judiciary in balancing legal norms, social realities, and Islamic legal objectives when adjudicating sensitive family matters.
Maqashid Sharia Perspective on Judges' Considerations in Determining the Origin of Children 'Afifa Zulkifli, Rizka; Bahar, Muchlis; Elfia, Elfia; Zulkifli, Zulkifli
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.14319

Abstract

This study aims to analyze the legal considerations of the Panel of Judges in granting the application for child origin at the Talu Religious Court in Determination Number 355/Pdt.P/2021/PA.Talu, and how these considerations are viewed from the maqashid sharia perspective. The research method used is normative juridical with a qualitative approach, where data is obtained through literature study and analyzed descriptively. The results showed that the Panel of Judges decided to accept/grant the petition after considering the evidence submitted, including testimonies and supporting documents regarding the applicants' siri marriage and household conditions. The decision was in accordance with maqashid sharia, which emphasizes the importance of preserving offspring (hifz al-nasl) and eliminating harms, especially in relation to obtaining legal documents to guarantee children's civil rights, such as nasab and inheritance rights.
Revisiting the 2024 West Sumatra DPD Re-vote: An Analysis of Constitutional Court Decision No. 03-03/PHPU.DPD-XXII/2024 from the Perspective of Legal Ideals and Siyasah Dusturiyyah Seprina, Silvia; Caniago, Sulastri; Rizal, Deri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 4, No 1 (2025)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i1.15624

Abstract

This research aims to examine the implications of the Constitutional Court’s decision regarding the exclusion of Irman Gusman from the Final Candidate List (DCT) for the West Sumatra Regional Representative Council (DPD) by the General Election Commission (KPU), which was deemed to have violated his constitutional rights. The study evaluates this ruling from the perspective of the legal ideals of certainty, justice, and utility, as well as from the standpoint of Siyasah Dusturiyyah (Islamic constitutional politics). Furthermore, it assesses the impact of the decision on the implementation of a re-vote (Pemungutan Suara Ulang, PSU) in West Sumatra. Using a normative legal method and a qualitative approach, the study offers a comprehensive analysis of Constitutional Court Decision No. 03-03/PHPU.DPD-XXII/2024 concerning the electoral dispute over the DPD seat in West Sumatra. The research relies on secondary data sources, including primary legal materials such as the Court's decision, the Qur’an and Hadith, the 1945 Constitution, and relevant electoral laws, along with secondary sources such as scholarly books, academic journals, and prior research. The findings reveal that the Constitutional Court’s decision upheld legal certainty by clarifying the legal process and safeguarding constitutional rights, particularly those of Irman Gusman. In terms of justice, the decision focused mainly on substantive justice by addressing his constitutional entitlements. However, the utility of the ruling remains limited. The decision prompted a re-vote in West Sumatra to rectify irregularities in the previous election process. Nevertheless, the re-vote faced various challenges, including logistical constraints and limited public acceptance. From the perspective of Siyasah Dusturiyyah, the decision reflects a perceived lack of leadership integrity, as it deemed Irman Gusman unqualified. According to the principles of Islamic jurisprudence, when confronted with two conflicting harms (mafsadat), the lesser harm should be chosen. In this context, holding a re-vote was considered a lesser harm than ignoring a binding court ruling.

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