cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Alfi Husni
Contact Email
alfihusni@uinmybatusangkar.ac.id
Phone
+6281267790044
Journal Mail Official
alushuliy@uinmybatusangkar.ac.id
Editorial Address
Universitas Islam Negeri Mahmud Yunus Batusangkar Jalan Sudirman No. 137 Lima Kaum Batusangkar 27217
Location
Kab. tanah datar,
Sumatera barat
INDONESIA
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 58 Documents
 2   3   4   5   6 
STRATEGIES OF THE SME COOPERATIVE OFFICE AND TRADE INDUSTRY IN SUMENEP REGENCY FOR ACCELERATING HALAL CERTIFICATION: A MASLAHAH MURSALAH PERSPECTIVE Wardah, Elisa; Nahidloh, Shofiyun; Fajar, Fajar
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13684

Abstract

This study examines the strategies implemented by the Sumenep District Office of Cooperatives, SMEs, Industry, and Trade (DiskopUKMPerindag) to accelerate the halal certification program, guided by the framework of Law Number 33 of 2014 on Halal Product Guarantee. Using a qualitative approach, data were collected through field surveys, interviews, and documentation involving DiskopUKMPerindag officials and MSME actors under their guidance who have obtained halal certification.The analysis adopts a normative approach based on the principle of Maslahah Mursalah, exploring its application in the regulation and implementation of halal certification. The findings reveal that halal certification not only aligns with Islamic sharia but also enhances consumer trust, expands market share, and increases profitability for certified products. The principle of Maslahah Mursalah serves as a flexible normative foundation, addressing societal needs by ensuring that halal regulations go beyond legal compliance to support community welfare and benefit.This research underscores the importance of halal certification in driving local economic growth, improving product quality, and boosting consumer confidence. By accelerating the certification program, DiskopUKMPerindag Sumenep strengthens the competitiveness of SMEs, promotes community welfare, fosters local economic development, and ensures adherence to Islamic law.
CUSTOMARY SANCTIONS FOR NON-PRAYING INDIVIDUALS IN LIMA PULUH KOTA: A SADD AL-DZARIAH PERSPECTIVE ON STRENGTHENING SOCIAL NORMS Desembri, Desembri; Busyro, Busyro; Ikhwan, Ikhwan
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13034

Abstract

This article examines the implementation and impact of social sanctions imposed on deceased individuals who did not perform prayers in Nagari Andaleh, Lima Puluh Kota Regency. In Islam, performing funeral prayers is a collective obligation for Muslims. However, in Nagari Andaleh, a unique policy is practiced: funeral prayers are withheld for those who never observed daily prayers during their lives. This practice is rooted in the local interpretation of Islamic teachings. Using the Sadd al-Dzariah approach, this study explores how these sanctions influence religious awareness and social cohesion within the community. Employing an ethnographic research method, the study integrates field observations, in-depth interviews, documentation, and juridical and sociological analyses. The findings reveal that these sanctions act as both informal law enforcement and a strategic effort to reinforce religious values and collective consciousness. The article provides an in-depth analysis of the social, psychological, and spiritual implications of this policy, offering valuable insights into the evolving interplay between religion, culture, and community identity in Nagari Andaleh. This study not only highlights the local community's innovative approach to addressing religious obligations but also sheds light on its broader impact on shaping behavior and sustaining religious norms.
THE ROLE OF BAWASLU IN ENSURING FAIR AND HONEST REGIONAL ELECTIONS IN PASAMAN REGENCY UNDER INDONESIA'S ELECTION LAW NO. 7 OF 2017 Yunis, Aldi; Pertiwi, Dian; Fitri, Hidayati; Husni, Alfi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13557

Abstract

This study examines two main issues: the authority of Bawaslu in supervising the implementation of honest and fair regional head elections in Pasaman Regency and the perspective of siyasah tanfidziyah regarding Bawaslu's role in these elections. The research aims to analyze Bawaslu's supervisory authority over regional head elections in Pasaman Regency and explore the views of siyasah tanfidziyah on its role in ensuring fair and honest elections.  The research adopts an empirical juridical approach, focusing on the operations of Bawaslu in Pasaman Regency. Primary data were collected from the Pasaman Regency General Election Supervisory Agency (Bawaslu) and community figures, while secondary data were obtained from legal documents, regulations, books, and journals. Data collection methods included interviews and documentation. The analysis utilized descriptive techniques to evaluate Bawaslu's authority in ensuring fair elections in Pasaman Regency, grounded in the provisions of Law Number 7 of 2017.The findings indicate that Bawaslu in Pasaman Regency has fulfilled its duties and exercised its authority as mandated by Law Number 7 of 2017. However, limited public awareness of election violation reporting procedures presents a significant challenge for Bawaslu in addressing such cases. This highlights the need for Bawaslu to actively promote public awareness through educational and outreach programs that engage the community directly. Enhanced public participation in reporting violations would improve Bawaslu’s effectiveness in fulfilling its supervisory functions.From the perspective of fiqh siyasah, Bawaslu functions as part of al-shulthah tanfidziyah, carrying out its mandate to oversee and enforce election laws. This aligns with its executive role in maintaining order and fairness during elections, ensuring compliance with democratic principles.
THE URGENCY OF MAGNETIC DECLINATION IN QIBLA DIRECTION MEASUREMENT USING A COMPASS IN THE IBU KOTA NUSANTARA (IKN) AREA Alawiya, Balkis Sifara; Fadhel, Muhammad Said
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13773

Abstract

This study analyzes the urgency of correcting magnetic declination in determining the accurate direction of the Qibla, particularly for mosque construction in the area of Ibu Kota Nusantara (IKN), Indonesia. Using a literature review and quantitative approach, magnetic declination data from 1590 to 2024 was collected using the NOAA magnetic declination calculator with the IGRF-13 model at the IKN coordinates. The data was analyzed to identify temporal and spatial variations and then visualized using LabPlot software. The results show significant changes in magnetic declination that affect the accuracy of the Qibla direction if not corrected. The total percentage of magnetic declination values beyond the tolerance limit or iḥtiyāṭ al-qiblah (0.4º) is 77.18%. This study emphasizes the importance of using reliable declination calculators from credible institutions such as NOAA and visualization tools to ensure that the Qibla direction aligns with technical and Sharia standards, making it a guide for urban planning in IKN, especially in determining the direction of public buildings such as mosques, schools, and government offices.
INTEGRATION OF IJARAH AND MUKHABARAH: A STUDY ON AGRICULTURAL LAND COOPERATION IN NAGARI PAKAN RABAA, KOTO PARIK GADANG DIATEH DISTRICT, SOUTH SOLOK REGENCY Linda, Nova; Yustiloviani, Yustiloviani; Zainuddin, Zainuddin; Husni, Alfi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13665

Abstract

This thesis examines the integration of ijarah and mukhabarah practices in agricultural land cooperation in Nagari Pakan Rabaa, Koto Parik Gadang Diateh District, South Solok Regency. The study aims to analyze and explain the implementation of mukhabarah and ijarah practices and their integration in agricultural land cooperation in the community. A qualitative field research approach was adopted, with data collected through interviews with landowners and cultivators. Data analysis followed the Miles and Huberman framework, involving data reduction and presentation, with validity ensured through source triangulation.The primary data sources included six informants: three landowners and three cultivators in Nagari Pakan Rabaa. Secondary data sources comprised information from a local religious leader (buya), as well as references from the Qur’an, Hadith, scholarly opinions, journals, and articles.The findings reveal that mukhabarah cooperation is practiced by landowners transferring land to cultivators, with seeds, fertilizers, and land preparation costs borne by the cultivators. The harvest is then divided, with 40% allocated to the landowner and 60% to the cultivator. Meanwhile, ijarah practices involve cultivators directly renting land from the landowners. In this system, the cultivators bear all farming costs, and rental payments are made annually at the end of the lease, either in cash (Rp. 2,000,000) or as rice (90 bushels).The integration of mukhabarah and ijarah occurs when landowners offer land to cultivators, who then manage all farming expenses. An agreement is established that the harvest will be shared (40% for the landowner, 60% for the cultivator), and cultivators must also pay an annual land rent at the end of the lease. This integrated practice reflects the community’s adaptive approach to balancing traditional Islamic principles with local agricultural needs.
ISLAMIC PERSPECTIVES ON CLAW MACHINE TRANSACTIONS Ramadhani, Mutia; Emrizal, Emrizal; Zulkifli, Zulkifli
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13715

Abstract

: This study examines the practice of buying and selling dolls through claw machine games from the perspective of Islamic law. The research aims to explore the procedures involved in these transactions and evaluate their compliance with Islamic jurisprudential principles. A qualitative, descriptive field research method was employed, with data collected through interviews and documentation. Primary data sources include interviews with one claw machine provider and four users, while secondary sources comprise scholarly journals, articles, and books related to buying and selling practices and claw machine games. The findings reveal that the transaction begins with the purchase of a coin for IDR 1,000, which is then inserted into the claw machine to operate the controls for 30 seconds. Players attempt to maneuver the claw to grab a doll, but the outcome depends on chance, as the success of obtaining the doll is not guaranteed. From an Islamic perspective, this practice is problematic due to the presence of gharar (uncertainty) and maysir (gambling-like elements), which violate the principles of transparency, fairness, and certainty required in trade. The study concludes that the buying and selling of dolls through claw machine games is impermissible in Islam, as it fails to meet the essential conditions of valid trade and includes prohibited elements of uncertainty and chance. This research underscores the need for adherence to ethical and transparent trade practices in accordance with Islamic law.
THE ROLE OF THE CONSTITUTIONAL COURT AS A POSITIVE LEGISLATOR IN THE FRAMEWORK OF POWER DISTRIBUTION Vebriani, Anita; Zainuddin, Zainuddin; Nabilah, Wardatun
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13724

Abstract

The central focus of this thesis is to examine the boundaries of the Constitutional Court's authority as a Positive Legislator within the framework of the Doctrine of Power Distribution. The study aims to identify and define the limits of the Constitutional Court's role as a Positive Legislator while exploring its implications within the broader constitutional framework.This research employs a normative juridical (library research) approach with a qualitative typology. Primary data sources include the 1945 Constitution of the Republic of Indonesia, Law Number 24 of 2003 concerning the Constitutional Court, Law Number 7 of 2017 concerning General Elections, and various Constitutional Court decisions. Secondary legal materials, such as relevant books and journals, complement the primary data to provide a comprehensive analysis.The findings of this study reveal two key points. First, regarding the Constitutional Court's decisions with elements of positive legislator authority, cases such as Decision Number 60/PUU-XXII/2024 and Decision Number 90/PUU-XXI/2023 illustrate how the Court's rulings can develop and modify legal norms. These decisions demonstrate that the Constitutional Court, through its role as a Positive Legislator, may issue rulings that adapt laws to societal contexts and needs, provided they remain consistent with the 1945 Constitution of the Republic of Indonesia.Second, concerning the limits of the Constitutional Court's authority, its jurisdiction is explicitly outlined in Article 24C paragraph (1) of the 1945 Constitution and Article 10 paragraph (1) of the Constitutional Court Law. These provisions empower the Court to review laws against the Constitution, adjudicate disputes over the authority of state institutions as defined by the Constitution, resolve cases involving the dissolution of political parties, and settle disputes over election results. In its judicial review capacity, the Constitutional Court traditionally acts as a Negative Legislator by nullifying norms that contradict the Constitution. However, in certain cases, such as Decision Number 90/PUU-XXI/2023, the Court assumes the role of a Positive Legislator by creating or introducing new legal norms, thereby expanding its influence within the legal system.
THE EXISTENCE OF THE BAOLEK TRADITION: A STUDY OF TRADITIONAL WEDDINGS IN PARIT BARU VILLAGE THROUGH THE LENS OF ISLAMIC FAMILY LAW Salim, Muhammad Abdullah; Yustiloviani, Yustiloviani; Alfiander, Dodon
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13725

Abstract

This research explores the existence of the Baolek tradition in traditional weddings in Parit Baru Village, where this custom is considered mandatory. Couples who do not perform this tradition, often due to financial constraints, are not allowed to live together until the tradition is fulfilled. The study aims to uncover the background and ceremonial processes of the Baolek tradition, its significance, and its implications for the community.The findings reveal that the Baolek tradition serves to publicly announce a marriage and prevent potential social conflicts or slander within the community. It is a deeply ingrained practice in Parit Baru Village, where newlyweds are required to carry out Baolek as a social obligation. If financial limitations hinder the couple from performing the tradition, they are required to live separately (known as Bausah) for a period ranging from one week to one month, while preparing the necessary resources.Regardless of the scale, the Baolek tradition involves significant financial contributions, as it is customary to entertain the entire community. To support the couple, the nuclear family, including Ninik Mamak (elders), typically provides assistance to ensure the tradition can proceed, even in a modest form. Failure to perform the Baolek tradition results in social sanctions, including ostracization, exclusion from customary practices, and strained familial relationships.In conclusion, from the perspective of Islamic family law, the Baolek tradition is recognized as an authentic 'urf (custom) that aligns with societal values. It promotes social harmony, strengthens family ties, and fosters mutual support, making it a beneficial custom that is well-accepted within the community
RESOLVING PLANT DAMAGE DISPUTES: AN ISLAMIC LAW PERSPECTIVE IN NAGARI SIMARASOK Yani, Suci Fitri; Zulkifli, Zulkifli; Emrizal, Emrizal; Effendi, Amri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13727

Abstract

The primary issue in this research is the refusal of tree owners—whose pine and coconut trees have fallen, damaging neighboring houses and gardens—to provide compensation, leading to financial losses and disputes between the parties involved. This study aims to explore and describe the dispute resolution mechanism for compensation related to residents’ plants that damage others' property rights in Nagari Simarasok, Baso District, Agam Regency. Additionally, it examines the perspective of Islamic law on resolving such disputes.This qualitative, descriptive field research gathered data through interviews with four disputing parties, two Ninik Mamak (customary leaders), and community and religious leaders.The findings reveal that compensation disputes in Nagari Simarasok are resolved through agreements between the parties, facilitated by Ninik Mamak. The process involves deliberation, barundiang or baruumbuak, conducted at the property owner's house. Compensation is calculated by assessing all the damaged plants, and payments are often made in installments.From an Islamic law perspective, the dispute resolution mechanism aligns with peaceful settlement principles (al-sulh), mediation, and arbitration (tahkim). However, in some cases, the method used by Ninik Mamak to calculate compensation—by counting all the plants rather than assessing the actual damage—contradicts Islamic principles. Islamic law emphasizes fair valuation to ensure no party is harmed. Compensation payments should be neither excessive nor insufficient, adhering to the principles of justice and benefit (maslahah).
A COMPARATIVE STUDY OF THE VERDICTS OF THE BUKITTINGGI RELIGIOUS COURT AND THE PADANG HIGH RELIGIOUS COURT ON CHILD CUSTODY FROM THE MASHLAHAH PERSPECTIVE siadio, sidiq; Nofiardi, Nofiardi
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13210

Abstract

Child custody disputes are common in Indonesia, particularly among public figures such as Virgoun and Inara, as well as Larissa Chou and Alvin Faiz. Economic instability, exacerbated by the Covid-19 pandemic, has significantly impacted mothers' ability to care for their children. In Minangkabau, the matrilineal system typically grants custody to the mother, as reflected in the PTA Padang decision, which contrasts with the ruling from PA Bukittinggi. Islamic law generally grants the mother the right to child maintenance after divorce until the child reaches the age of tamyiz. This study examines the child custody decisions of PA Bukittinggi and PTA Padang through the lens of mashlahah, assessing which ruling best serves the child's welfare. Using normative legal research methodology, the study analyzes primary data from PTA Padang Decision No. 62/Pdt.G/2022/PTA.Pdg, PA Bukittinggi Decision No. 621/Pdt.G/2022/PA.Bkt, and interviews with judges. The findings reveal significant differences in the legal reasoning and interpretation of the child’s best interests between the two courts.

Page 5 of 6 | Total Record : 58

 2   3   4   5   6 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue Vol 4, No 1 (2025) Vol 3, No 2 (2024) Vol 3, No 1 (2024) Vol 2, No 2 (2023) Vol 2, No 1 (2023) Vol 1, No 2 (2022) Vol 1, No 1 (2022)