ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
ISNU Nine-Star Multidisciplinary Journal (INS9MJ) is an academic journal published by ISNU (Ikatan Sarjana Nahdlatul Ulama), dedicated to the dissemination of research and scholarly thought in the field of law and justice. The journal serves as a platform for academics, researchers, practitioners, and policymakers to exchange ideas, present findings, and discuss current issues in both national and international legal contexts. The scope of the journal includes, but is not limited to, the following areas: Constitutional Law Studies on state structure, constitutional principles, governance, democracy, and constitutional rights. Criminal Law Analyses of substantive criminal law, criminal procedure, criminology, victimology, and policies in combating corruption, terrorism, and other crimes. Civil Law Research on contract law, property law, family law, inheritance law, and civil procedural law. Administrative Law Discussions on the role of administrative law in governance, public policy, licensing, and state administration. Islamic Law Exploration of fiqh, contemporary Islamic jurisprudence, Islamic criminal law, family law, and the integration of Islamic principles into national legal systems. International Law Covers public and private international law, international human rights, humanitarian law, trade law, and global legal issues. Human Rights Law Research on the protection, enforcement, and development of human rights at national, regional, and international levels. Environmental Law and Sustainable Development Legal studies on environmental protection, natural resource management, climate change, and sustainable development policies. Business and Economic Law Covers corporate law, investment law, banking and finance law, intellectual property rights, and dispute resolution. Legal Philosophy and Theory Critical studies on the philosophy of law, legal theory, comparative law, and the development of jurisprudence.
Articles
85 Documents
<![CDATA[Implementation of Islamic Jurisprudence in Criminal Cases in Indonesia: Case Study of Robbery Crime ]]>
<![CDATA[Kasyaulia]]>;
<![CDATA[Muhammad Taqi Naufal Rambe]]>;
<![CDATA[Tiyo Amanda]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.498
<![CDATA[Robbery, in Islamic law, is a type of hirabah crime. That is, causing chaos and damage is divided into several forms of crime, and the sanctions or punishments imposed are also different. The Qur'an's punishment for those who fight Allah and His Messenger, causing damage on earth, is the death penalty (by being killed or crucified). This study uses a qualitative descriptive research type with a literature study method. Theses, journals, ebooks, theses and written printed books are all used in the data collection process for this study. Islamic criminal law in dealing with the crime of robbery is like carrying out exile, cutting off hands and feet crosswise, namely cutting off the right hand and left foot and being sentenced to death without being crucified. The provisions for the punishment for the act of killing a robber because of self-defense in Islamic law are mubah (permissible) and there is no punishment as long as the act is a last resort and does not cross the line.]]>
<![CDATA[Application of Wahdatul Ulum in Community Service ]]>
<![CDATA[Muhammadyunus]]>;
<![CDATA[Bima Rizky Ananda]]>;
<![CDATA[Muhammad hafizd]]>;
<![CDATA[Muhammad Luthfi]]>;
<![CDATA[Ilham nur Hasibuan]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.499
<![CDATA[This study aims to analyze the implementation of the Wahdatul Ulum concept in community service and its impact on community welfare. Using a qualitative descriptive method, data were collected through in-depth interviews with program implementers and direct observation of community service activities in Baru Village, Batang Kuis. The results of the study indicate that the integration of various disciplines in community service programs produces more targeted solutions and increases the effectiveness of activities. Programs that implement the Wahdatul Ulum approach have proven successful in increasing community access to education and health services, as well as encouraging active community participation in social activities. Although there are challenges in understanding and communicating this concept, the implementation of Wahdatul Ulum has great potential to shape positive social change. This study recommends increasing the capacity of implementers through training and outreach to the community to maximize the effectiveness of community service programs.]]>
<![CDATA[The Law of Wiping the Jaurab and Khuf Using the Qiyas Method from the Perspective of Islamic Jurisprudence ]]>
<![CDATA[Lafifah]]>;
<![CDATA[Najwa Khalilah Harahap]]>;
<![CDATA[Muhammad Zakaria]]>;
<![CDATA[Bagus Hamdani Parapat]]>;
<![CDATA[Arswendo Tyo Maulana]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.500
<![CDATA[This study aims to analyze the metaphorical method between wiping socks and wiping khuf from the perspective of Islamic jurisprudence of worship. This study is included in the type of qualitative research using the library research method, which is a study conducted by collecting data from books and literature from previous studies, or research conducted by collecting data from searches or other writings both from scientific articles, primary data sources and secondary data sources, and other literature related to the metaphorical method. The results of the study found are as follows. First, the type of metaphor used in determining the law of wiping jaurab which is likened to the law of wiping khuf is the metaphor of 'illah by equating the legal ilat of far' with its aṣl, where the determination of the legal ilat uses the istinbāt method by means of munāsabah. Second, the figurative method used in determining the law on whether it is permissible to wipe socks in wudu as a substitute for washing the feet which is ascribed to the law of wiping the khuf is valid because it fulfills the pillars of kias and also complies with the requirements of each pillar.]]>
<![CDATA[Implementation of the Concept of Islamic Criminal Responsibility in Indonesian Positive Law ]]>
<![CDATA[Humairaharahap]]>;
<![CDATA[Diana Sri Utami]]>;
<![CDATA[Siti Hadijah]]>;
<![CDATA[Cintami Grece NR]]>;
<![CDATA[M. Rahman Rizki]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.501
<![CDATA[The positive legal system of Indonesia is not in line with the idea of accountability from Jinayah. Criminal responsibility according to Islamic criminal law is based on the awareness and intention of the perpetrator (mens rea) and proof of the unlawful act (actus reus), which is in line with the principles of sharia. The purpose of this study is to study how the concept of Islamic criminal responsibility can be applied to Indonesian law by considering the principles of justice, humanity, and uniformity in accordance with the country's constitution. The research method used is normative, by looking at various laws in Indonesia and reading literature on Islamic criminal law and its implementation in countries with Islamic law. The results of the study indicate that, although there are fundamental differences between Islamic law and Indonesian positive law, some elements of the concept of Islamic criminal responsibility can be exploited, especially in cases containing certain crimes such as qisas, diyat, and ta'zir. By considering Pancasila as the philosophical foundation of the state, these elements can be exploited. It is hoped that this implementation will help strengthen the national legal system by providing space for the religious values that live in it.]]>
<![CDATA[Combined Criminal Acts in Islamic Criminal Law ]]>
<![CDATA[Nurlilapratiwi]]>;
<![CDATA[Abd. Alwi pase]]>;
<![CDATA[Prawira Putra Amanda Siagian]]>;
<![CDATA[Sahdia Tanjung]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.502
<![CDATA[Combined criminal acts in Islamic law, several criminal acts can be committed simultaneously. This study aims to analyze the punishment system for perpetrators who commit more than one crime, both according to Islamic law and the Criminal Code. In Islamic law there are theories of al-tadakhul (mutual entry) and al-jabbu (absorption), while the Criminal Code regulates combined criminal acts through several theories such as the Absorption System and Cumulation System. This study also aims to describe how the criminal punishment system for a double crime is carried out both according to Islamic law and the Criminal Code, and to provide a deeper explanation of the theory of combined criminal acts in Islamic law and the Criminal Code. Combined criminal acts are also one of the phenomena in criminal law that involve more than one criminal act committed by a perpetrator. In the perspective of Islamic criminal law, combined criminal acts in Islamic criminal law and how the application of punishment is in accordance with sharia principles. Through a normative approach by examining primary sources such as the Qur'an, hadith, and works of classical scholars, this study is that criminal law in Islam has a unique mechanism in responding to a combination of criminal acts, including by considering the type of violation, the purpose of preventing crime, and justice for victims. The results of the study indicate that Islamic law prioritizes restorative justice and prevention as the main basis for sentencing for criminal acts, by considering the objectives of sharia. This study has implications for a deeper understanding of the flexibility and relevance of Islamic criminal law in handling complex cases in the contemporary era.]]>
<![CDATA[Interfaith Marriage: Perspective of Islamic Law and Positive Law ]]>
<![CDATA[Ahmad Senang]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.508
<![CDATA[Interfaith marriage is one of the complex legal issues in Indonesia, especially when examined from the perspective of Islamic law and positive law. In Islamic law, marriage has a sacred value that must be in accordance with the principles of sharia, where the prohibition of marriage between Muslims and non-Muslims is emphasized in the Qur'an and Hadith. Meanwhile, Indonesian positive law regulates marriage in Law Number 1 of 1974 which emphasizes that marriage is considered valid if it is carried out according to the religious law and beliefs of each couple. This creates ambiguity in the regulation of interfaith marriage because there are differences in the interpretation and implementation of applicable laws. This study aims to analyze interfaith marriage from the perspective of Islamic law and positive law, identify the differences and similarities between the two, and explore legal solutions that can be applied in the Indonesian legal system. The method used in this study is normative juridical with a qualitative approach, which focuses on doctrinal analysis of laws and regulations, Islamic legal literature, and relevant court decisions. The results of the study show that Islamic law strictly prohibits interfaith marriage for Muslims, except under certain conditions regulated in certain interpretations. Meanwhile, positive law in Indonesia does not explicitly prohibit, but also does not provide a clear mechanism for interfaith marriage. The conclusion of this study is that the inconsistency between Islamic law and positive law in regulating interfaith marriage causes legal uncertainty in society, so that a firmer policy and legal harmonization are needed to provide legal certainty for interfaith couples in Indonesia.]]>
<![CDATA[Women's Leadership and the Law of Choosing Women Leaders in the Perspective of Islamic Law and Positive Law ]]>
<![CDATA[Gunawan Abdi]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.509
<![CDATA[Women's leadership is an issue that continues to be debated in various societies, especially when associated with the perspective of Islamic law and positive law. In Islam, differences of opinion regarding women's leadership are often based on interpretations of verses of the Qur'an and hadith. One of the hadiths that is often used as a reference is "A people who entrust their affairs to a woman will not be fortunate" (HR. Bukhari). However, some scholars interpret this hadith contextually by considering the development of the times. Meanwhile, positive law in Indonesia guarantees equal rights for women to occupy leadership positions, as regulated in various laws and regulations. This study aims to analyze the legal legitimacy in choosing female leaders from the perspective of Islamic law and positive law. The method used is normative juridical with a conceptual and legislative approach through literature studies. The results of the study show that there are differences in interpretation in Islamic law regarding women's leadership, while positive law provides full guarantees for women's rights in leadership. In conclusion, women's leadership needs to be understood fairly by considering the principles of justice and gender equality in Islam and applicable legal regulations, in order to create a more inclusive and democratic leadership system.]]>
<![CDATA[Ijtihad in the Dynamics of Its Use ]]>
<![CDATA[Muhammad Sopyan]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.510
<![CDATA[Ijtihad is a fundamental instrument in Islamic law that functions to explore and formulate laws from the Qur'an and Sunnah when a problem is not explicitly regulated in both. The urgency of ijtihad is increasing along with the development of the era that presents various new legal challenges that require solutions in accordance with sharia principles. Therefore, the study of ijtihad, starting from the definition, legal basis, law of conducting ijtihad, to its methods and steps, is very important in ensuring the flexibility of Islamic law in responding to the dynamics of life. This study aims to analyze the concept of ijtihad comprehensively by highlighting key aspects, such as the qualifications of mujtahid, the levels of mujtahid, and the methods used in the ijtihad process. This study uses a qualitative method with a descriptive analytical approach to examine the sources of Islamic law and related literature. The results of the study show that ijtihad has a crucial role in maintaining the relevance of Islamic law and must be carried out by individuals who meet certain requirements. Various methods in ijtihad, such as tarjih and istinbath law, are key to harmonizing seemingly contradictory arguments. In conclusion, ijtihad is the primary means of ensuring that Islamic law remains contextual and applicable throughout time.]]>
<![CDATA[Marrying A Pregnant Woman From The Perspective Of Islamic Legal Philosophy ]]>
<![CDATA[Zani Munawir S]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.511
<![CDATA[The phenomenon of marriage of pregnant women outside of marriage is a complex issue from the perspective of Islamic law. The Compilation of Islamic Law (KHI) stipulates that a pregnant woman can marry the man who impregnated her without waiting for the birth of the child. However, there is a problem when a pregnant woman marries a man who is not the biological father of the child she is carrying, which raises questions about the validity of the marriage and the legal status of the child. In the context of Islamic legal philosophy, marriage is not just a social contract, but also has moral and spiritual dimensions that must be maintained in order to achieve welfare. This study aims to examine the marriage of pregnant women from the perspective of Islamic legal philosophy in order to find the principles of justice and legal benefits. The method used is qualitative with a literature study approach, analyzing fiqh books, laws and regulations, and related literature. The results of the study show that although the KHI allows the marriage of pregnant women, the jinayah aspect in cases of adultery is still ignored, so a more comprehensive legal reconstruction is needed. The conclusion of this study confirms that the regulation of the marriage of pregnant women must consider aspects of legal protection, justice, and moral responsibility so as not to open loopholes for the increasingly widespread practice of adultery.]]>
<![CDATA[The Nature of Zakat in Islamic Law ]]>
<![CDATA[Heri Siswan]]>
<![CDATA[ ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 3 (2024): Vol. 1 No. 3 (2024): DESEMBER 2024 :ISNU Nine-Star_INS9MJ ]]>
Publisher : <![CDATA[ISNU Sumatera Utara ]]>
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DOI: 10.70826/ins9mj.v1i3.512
<![CDATA[Zakat is one of the pillars of Islam that must be carried out by Muslims as a form of worship that has social and economic goals, such as purifying wealth and helping the poor. In Islamic law, zakat has a strong foundation and is an individual and collective obligation. However, understanding the nature of zakat from an Islamic legal perspective is often hampered by unclear implementation and varying interpretations. This study aims to examine the nature of zakat in Islamic law, both in terms of concept, legal basis, obligations, and its impact on the socio-economic life of Muslims. This study uses a normative legal research method with an approach to Islamic legal sources, such as the Qur'an, Hadith, and the opinions of scholars. The results of the study show that zakat has a very important role in achieving community welfare and strengthening social solidarity, which is reflected in the obligation of zakat regulated in Islamic law. In addition, the proper implementation of zakat can reduce social inequality and advance the economy of Muslims. The conclusion of this study is that zakat is an obligation that is inseparable from Islamic teachings and has major implications for the socio-economic life of Muslims.]]>
