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International Journal of Sharia Studies
Published by Tunas Istitute
ISSN : -     EISSN : 30262208     DOI : https://doi.org/10.61810/ijss.v3i2
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
The focus and scope are directed toward scholarly studies oriented to Legal Studies, Islamic Law, Economics, Islamic Economics, Micro, Small, and Medium Enterprises (MSMEs), Islamic Business, Accounting, Finance, and other related themes. This journal serves as an academic platform for research aimed at advancing understanding, strengthening foundations, and promoting the renewal of studies in Islamic Law, Islamic Economics, and Islamic Business, both from Islamic perspectives and in a broader academic context.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 26 Documents
 1   2   3 
Inheritance rights of children from sirri marriages: An analysis based on fiqh and positive law in Indonesia Nur Anshari
International Journal of Sharia Studies Vol. 1 No. 1 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i1.1

Abstract

Sirri marriage or marriage under the hand is a marriage that is kept secret and not registered and not recorded based on applicable regulations. The validity of marriage under sirri according to fiqh and positive law conflicts with opinion. This article reviews these provisions based on the views of the scholars of the madhab (fiqh) and the provisions of positive law based on Law Number 1 of 1974 concerning marriage and its derivative regulations, as well as the Compilation of Islamic Law. According to fiqh law, marriage is still valid as long as it fulfils the pillars and conditions of marriage according to Islamic law. Meanwhile, according to positive law, the sirri marriage is not recognized. It will have adverse effects on children born, namely not getting legal protection for children’s rights, including the right to inheritance from their biological father and mother. However, when viewed through the lens of fiqh law, children who are born are considered to still get their rights from their father and mother, including being able to inherit property from both parents.
Criminal charges in marriage from the perspective of positive law in Indonesia Anizar Anizar
International Journal of Sharia Studies Vol. 1 No. 1 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i1.2

Abstract

Charges of violating family law are one form of reform of marriage law that was never previously regulated. Muslim countries have different legal provisions against charges for violations of this family law. This research uses the literature method and normative juridical approach by examining library data as the source. Primary data sources used in this research are books, laws, court decisions, legal theories and opinions of jurists related to family law charges, and previous studies such as relevant research. This research aims to determine the legal provisions regarding charges for family law violations. The results of the discussion and research explain that not all countries have legal provisions regarding charges in violation of this family law, and the legal provisions regarding these charges vary from one country to another. In general, the legal charges are related to violations of various issues surrounding marriage, such as underage marriage, forced marriage, prevention of marriage permitted by sharia law, prohibited marriage, marriage registration, out-of-court marriage, dowry, marriage expenses, polygamy, divorce, maintenance, treatment of wives, women’s rights after divorce, and inheritance rights from spouses and families.
Engagement in marriage according to the Reusam of Kampung Tanjung Keramat Number 1 of 2018 in the review of maqashid sharia Yasin Bayla; Muhammad Nasir
International Journal of Sharia Studies Vol. 1 No. 1 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i1.3

Abstract

This article aims to review the effectiveness of reusam using the maqashid al-syari’ah analysis knife. Engagement in the Indonesian Malay community tradition is a follow-up to a series of proposals (al-khitbah), where both parties, the prospective bride and groom, make promises within a specific time limit until the marriage contract is carried out. The phenomenon that is developing for prospective brides and grooms who are getting engaged, among other things, is that a close relationship has occurred, even as if they were already married, where the intensity of the relationship between the prospective bride and groom is very intimate and pregnancies often occur before marriage. To overcome this problem, the village government and community leaders carried out control by issuing village-level regulations called Reusam. Through Reusam Number 1 of 2018 in Tanjung Keramat Village, the time limit for engagement and marriage has been set to a maximum of 2 months to overcome the engagement’s negative impact.
Marriage registration procedures and its legal impacts Mariadi Mariadi
International Journal of Sharia Studies Vol. 1 No. 1 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i1.4

Abstract

This article aims to review the procedures for registering marriages and the legal impacts of registering marriages, as well as the negative impacts arising from marriages that are not registered. Marriage registration is one of the essential requirements for the validity of a marriage; this is because a registered marriage can provide legal certainty to the parties involved in the marriage, including husband, wife and children, regarding the rights arising from the marriage, such as inheritance rights. , the right to obtain a birth certificate, the right to a living wage, and so on cannot be obtained if the marriage is not registered/not legal. Marriages that are not registered (nikah sirri) are not valid according to state law and harm the status of children. The status of children born through unregistered marriages is illegitimate in state administration, so they will have difficulty obtaining marriage rights.
Impact of Constitutional Court Decree Number 46/PUU-VII/2010 on marriage registration Aminah Aminah
International Journal of Sharia Studies Vol. 1 No. 1 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i1.5

Abstract

Indonesia is a country with a majority Muslim population. Consequently, in matters regarding marriage arrangements, especially marriage, many laws and regulations regulate them. One of the issues regulated in statutory regulations is regarding marriage registration. Marriage registration is not regulated in Law Number 1 of 1974, which is also the source of law for other laws and regulations regarding marriage registration. The purpose of writing this article is to determine the validity of marriages that were not registered after the Constitutional Court Decision Number 46/PUU-VIII/2010, as well as to analyze the legal consequences of marriages that were not registered. Based on an analysis of the legal materials obtained, marriages not registered after a Constitutional Court Decision are valid as long as they fulfil the requirements and harmony of a valid marriage. A marriage that is not registered also has legal consequences for the status of the wife, the position of the children, and joint assets (gono-gini) in the marriage
The Role Of Counselors In Creating Family Harmony Due To Lack Of Communication Muhammad Reza Mahendra
International Journal of Sharia Studies Vol. 2 No. 1 (2024): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v2i1.15

Abstract

In every individual wantss fanily harmony in forming a family. In realizing a harmonious household, there are often problomatic phoenomena in the family such as quarrels. Jralousy , infidelity, income differences in life principles and even ending the marriage or divorce.This research is using libraly research method witch aims to find out effort to create a harmonious family due to lack of find out effort to create a harmonious family to lack of communication by using abehavior approach. With behavioral approach, the counselor caan help clients not to demand and feel annoyed trough chaous, conselees in RBTcan exprees some negative felling, but the main goal is to help counselees so as not to give emotional responses beyond what is approriate to an event.  
Customary Sanctions from the Perspective of 'Urf: Cancellation of Engagement According to the Customary Leaders of Langsa City Muharrani
International Journal of Sharia Studies Vol. 1 No. 2 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i2.148

Abstract

The people of Langsa City impose customary sanctions for couples who cancel their engagement by returning the gold if the woman cancels and forfeiting the gold if the man cancels. This research aims to look at the theory of 'Urf on the customary sanctions imposed by the customary leaders of Langsa City. This research method is empirical law with a qualitative approach, what is meant by empirical law is the legal behavior of the community which is a social symptom that is not written, the source of empirical legal research data does not rely on written positive law but the results of observations at the research location. The results showed that the Urf theory and the value of the benefit that is trying to be maintained in the customary sanctions imposed on the party who canceled the engagement. Then it is appropriate and does not contradict anything. This is reinforced by the elimination of the return of double fines from the woman's side.
Marriage Practices Through Wild Qadhi According to Langsa City Ulema from the Perspective of Maqasid Syariah Muhammad Husni
International Journal of Sharia Studies Vol. 1 No. 2 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i2.149

Abstract

This study aims to find out what are the factors that occur i n the practice of illegal Qadhi and to find out how the perspective of the Ulama Consultative Council (MPU) on the practice of illegal Qadhi. This study uses empirical juridical research methods. The author uses a legal awareness approach with a qualitative research type, where the author collects research data sources from interviewees, observations, pictures and documents. The results show that what causes the practice of illegal Qadhi in the community are: First, economic factors where in addition to illegal Qadhi actors who need additional income, married couples are also due to their lack of economy or finances. Second, the age factor where the perpetrators of illegal qadhi marry to help underage couples. Third, there is no guardian factor that makes couples who want to get married prefer to be married by illegal Qadhi. Fourth, the pregnancy factor. Fifth, the polygamy factor. Based on the results of the author's interview with MPU Kota Langsa, MPU's own view, says that marriages that occur through illegal Qadhi are not valid. when one performs a marriage through illegal Qadhi this is considered to be a veiled adultery. Based on the results of the interview, MPU is of the opinion that why marriages through illegal Qadhi are considered invalid because what must be understood is that the conditions for a valid marriage must have a guardian.
Analysis of Cigarette Law According to Muhammadiyah Figures in Aceh Tamiang Muhammad
International Journal of Sharia Studies Vol. 1 No. 2 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i2.150

Abstract

Smoking is an activity that has become part of the culture and habits of society, especially in Indonesia. There is no one who doesn't know cigarettes, whether they are smokers or those who don't smoke. If so, from an Islamic perspective, smoking is a new study because smoking or smoking laws were not formulated with certainty in Nash during the time of the Prophet Muhammad SAW. So cigarette law is a new study in the study of Islamic law. In Indonesia, in particular, there are several smoking laws, from those that are forbidden to those that are forbidden, where these smoking laws are divided into several fatwas, both issued by official state institutions and by certain institutions or organizations such as Muhammadiyah. According to Muhammadiyah itself, the law on cigarettes is haram. This is based on several rules and understanding of the Koran and hadith which were stated in the Muhammadiyah fatwa and was issued in 2010. There are several methods used by Muhammadiyah in giving fatwas related to smoking law, which in the big picture divided into 3 models of ijtihad, namely Ijtihad Bayani, ijhtihad Qiyasi and Ijtihat Ishtilahi. Apart from using the ijtihad method, Muhammadiyah also uses the understanding contained in Maqashid Syariah or the goal of search by focusing on the preservation of soul, property, mind, soul and body. However, apart from the cigarette law, we as humans should not make cigarette law cases into cases that are used to divide people because smoking is a very branch thing and not a main legal discussion such as discussing the angle in jinayah.
Walimatul 'ursy and Music According to Islamic Scholars: Case Study in East Aceh Fauzaruddin
International Journal of Sharia Studies Vol. 1 No. 2 (2023): International Journal of Sharia Studies
Publisher : Tunas Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61810/ijss.v1i2.151

Abstract

One of the things that is sunnah at a wedding is holding a Walimatul Ursy. This is due to the many problematic values ​​that arise from the existence of the Walimatul Ursy. Among them is broadcasting and motivating the wedding. But nowadays it is not uncommon for Walimatul Ursy to cause problems in society. This is not only due to the concept of the Walimatul Ursy event which is full of elements of grandeur, but also the presence of music in a series at the event which often destroys the main substance of the Walimatul Ursy event. In this article the author concludes that Walimatul Ursy and music are two things that are permissible as long as they do not conflict with beneficial values, but if it is the opposite then the law becomes haram.

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