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Jurnal Cendikia ISNU SU
Published by ISNU Sumatera Utara
ISSN : 30639530     EISSN : -     DOI : https://doi.org/10.70826/jcisnu.v3i1.1314
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal includes, but is not limited to, the following areas: Criminal Law, Civil Law, and Constitutional Law: Contemporary analysis, interpretation, and application of positive law in addressing challenges within the justice system. Islamic and Sharia Law: Studies on the principles, application, and adaptation of Islamic law in modern contexts, including Islamic banking, family law, inheritance, and related issues. Legal Integration: Exploration of the interaction and harmonization between secular law and Islamic law, particularly within pluralistic legal frameworks. Comparative Legal Studies: Cross-jurisdictional analysis of Islamic law and other legal systems to identify similarities, differences, and their implications for legal practice and policy-making. Case Studies and Legal Practices: In-depth examination of landmark and contemporary legal cases to highlight the practical implementation, enforcement, and interpretation of law in real-life situations. The journal welcomes contributions in the form of theoretical explorations, empirical research, and critical reviews of significant legal issues. By encouraging both disciplinary and interdisciplinary approaches, the journal seeks to promote innovative perspectives that enrich academic discourse, strengthen legal theory and practice, and contribute to the development of law as a foundation of justice and social order.
Arjuna Subject : Umum - Umum
Articles 84 Documents
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Analysis of the Implementation of the Murabahah Agreement at Bank Syariah Indonesia (BSI) Based on DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000 Hadist Sulistiawati; Deby Octafiani Putri; Syadzwina Rasyiah Iwani; Muthia Sartika Harahap; Hafidz Muhammad Hidayah
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.948

Abstract

The development of the Islamic banking industry in Indonesia encourages financial institutions to ensure the conformity of their products with sharia principles, including in the implementation of murabahah contracts. This contract is one of the main financing instruments at Bank Syariah Indonesia (BSI) and must be implemented in accordance with DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000. This study aims to identify obstacles in the implementation of murabahah contracts in Bank Syariah Indonesia based on Fatwa DSN-MUI No.04/DSN-MUI/IV/2000, analyze its legal implications on customer rights and obligations, and analyze the conformity of its implementation with the fatwa. The research method used is normative juridical with a document study approach, examining financing agreements and contract implementation practices in the field. The results of the study show that the main obstacles in the implementation of murabahah contracts at BSI include the lack of customer understanding of the substance of the contract, lack of optimal socialization from the bank, and incompatibility between the bank's operational mechanism and the murabahah principle. The legal implications have an impact on the emergence of an imbalance of rights and obligations between customers and banks, especially when there is a default. In addition, the implementation of murabahah contracts at BSI, especially in pension financing products, has been quite consistent with the provisions of DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000, although there are still aspects that need to be improved to be fully in line with the established sharia principles. The conclusion of this study shows that although the implementation of the murabahah contract at BSI has been carried out in accordance with sharia in many aspects, improvements in literacy, internal procedures, and supervision are still needed so that compliance with the principle of muamalah can be maintained optimally.
Legal Aspects of Sharia Insurance Agreements: A Review of Sharia Principles in Insurance Products Dea salsabila; Salsabila Lubis; Arya Advany; Siti Nurlina; Fatimah Nainggolan
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.949

Abstract

Sharia insurance is a form of protection agreement based on the principles of Islamic law, as an alternative to the conventional insurance system that contains elements of gharar, maysir, and riba. This research aims to examine the legal aspects of sharia insurance agreements in Indonesia, with an emphasis on the compatibility between the contract in the policy and sharia principles such as ta'awun, tabarru' contract, tijarah contract, as well as the value of justice and transparency. The method used is a literature study with a normative juridical approach, through an examination of laws and regulations, DSN-MUI fatwas, and the results of previous research. The results of the study show that although sharia insurance already has a strong legal basis in positive law and muamalah fiqh, the practice still faces challenges in terms of the clarity of the contract, the management of participant funds, and the dispute resolution mechanism. Therefore, harmonization between national law and Islamic law, as well as strengthening technical regulations and education to the public, is needed to realize a sharia insurance system that is fully sharia-compliant.
Contemporary Fiqh Studies on Gender Equality: A Study of Women's Careers in the Modern Era Yasmin Raihanah Zaviril; Adrian Seputro Ginting
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.950

Abstract

The issue of gender equality in the world of work is one of the contemporary issues that continues to be a concern in Islamic discourse. This article aims to examine fiqh's view on women's involvement in the career world and the  limitations of shari'i that accompany it. Using a normative-theological approach, this article examines the postulates from the Qur'an, Hadith, and the views of classical and contemporary scholars on the role of women in the public sphere. The results of the study show that Islam in principle does not prohibit women from working as long as they maintain moral values, domestic obligations, and do not violate the provisions of sharia. This article also highlights the importance of contextually reinterpreting religious texts in order to be able to respond to the challenges of the times without overriding the basic principles of Islam. The conclusion of this study emphasizes the need  for equitable equality  between men and women in access to employment, as well as the protection of women's rights as individuals and part of the family and society.
Analysis of the Implementation of the Musyarakah Contract in Sharia Financial Practice According to Law No. 21 of 2008 Risnawati Siregar; Tita Nazwa Natalia; Putri Rizka Anindya; Putra Pamungkas
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.951

Abstract

The development of the Islamic economy in Indonesia encourages the importance of understanding and implementing musharakah contracts as one of the main financing instruments in the Islamic banking system. This research aims to examine the basic concepts, practical implementation, as well as obstacles and solutions in the implementation of musharakah contracts based on Law No. 21 of 2008 concerning Islamic Banking. The method used in this study is a normative analysis method with a literature study approach and analysis of laws and regulations. The research stages include data collection through document review, analysis of the mechanism for implementing musharakah contracts in Islamic financial institutions, identification of types of musharakah products, and evaluation of obstacles and implementation solutions. The results of the study show that the musharakah contract involves the principle of capital partnership with a fair and transparent profit-sharing system. However, its implementation still faces various challenges such as limited risk management, lack of public literacy, and implementation standards that are not yet uniform. The solutions offered include improving public education, utilizing digital technology, strengthening risk management, and harmonizing regulations. By optimizing the implementation of musyarakah, it is hoped that an inclusive, fair, and Islamic financing system can be realized.
The Rules of Asasiyah Al-Umur bi Maqasidiha in Islamic Law Ruri Aldisyah Siregar; Muhammad Irfan Luthfi Damanik; Sofia Ramadhani Purba; Azan Subuh Mustafa Lubis
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.952

Abstract

The rule of asasiyah al-umur bi maqasidiha is one of the fundamental principles in Islamic law which emphasizes that every legal act is judged based on the purpose and intention behind it. In the context of modern society faced with the complexity of legal and ethical issues, this rule is an important instrument in answering contemporary problems that are not explicitly regulated in the nash. This article aims to comprehensively examine the formulation of the principles of asasiyah al-umūr bi maqāṣidihā, its normative foundations in the Qur'an and Hadith, the branches of the rules that are born from them, and the scope of their application in contemporary Islamic law. This research uses a descriptive qualitative method with a normative approach, through the analysis of fiqh literature, ushul fiqh, and the works of classical and contemporary scholars. The results of the study show that the rules of al-umūr bi maqāṣidihā have a strategic role in the establishment of Islamic law that is oriented towards substantive justice and benefits, especially in issues such as sharia economics, social activities, and individual rights. In conclusion, this rule not only serves as a methodological guideline in ijtihad, but also as a means of actualizing the values of maqāṣid al-syarī'ah in the face of the dynamics of law and the life of modern society.
Problems of the Legalization and Dissemination Process Hari Sanjaya; Mahira Salsabila
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.953

Abstract

Law number 11 of 2012 concerning the establishment of laws and regulations (Law P3). On the other hand, Law P3 requires all these laws and regulations to be promulgated and placed in the official gazette of the state that has been determined so that they can be considered to come into force. In its application, this problem also spreads to the promulgation process and its enforcement mechanism where there are still many laws and regulations (according to Law P3) that apply without going through the promulgation process. This research aims to 1). How is the process of promulgation in the formation of laws and regulations in Indonesia; 2) How is the dissemination of laws in Indonesia seen from the perspective of the mechanism of its enforcement. This type of research is normative and descriptive, using 4 approaches, namely legislative, historical, comparative and conceptual approaches. The data sources used are primary data and secondary data. Techniques for collecting legal materials through literature studies or document studies. Based on the results of the research, it is concluded that (1) To find out the process of promulgation in the formation of laws and regulations in Indonesia; (2) To find out how the dissemination of laws in Indonesia is seen from the perspective of the mechanism of its enforcement.
Consent of Girls in Marriage (A Comparative Study Between Imam Shafi'i and Imam Ibn Qayyim al-Jawziyyah) Arifin Siahaan; Fandi Wahidi
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.954

Abstract

There is a difference of opinion between madhhab Shafi'I and Imam ibn qoyyim al-jauzy regarding the law of a guardian asking for his daughter's consent to marry, even though the position of the bride's consent is in place. This research is a literature study using the comparative analysis method. The results of this study show that the most relevant opinion for the Indonesian context is the opinion of Imam Ibn Qayyim al-jauzy.  In the applicable legislation in Indonesia, namely in the law on marriage No. 1/1974 (ps. 6 paragraph (1) jo. ps. 16 paragraph (1) ) KHI stipulates that one of the conditions for marriage is the consent of the prospective bride. This indicates that the applicable legislation in Indonesia is in accordance with the opinion of Ibn Qayyim al-Jawziyyah. In positive law in Indonesia, it is very important and is an absolute requirement for the validity of a marriage. Existing laws and regulations ensure that marriage can only be performed with the free consent of both prospective brides, especially the bride, as part of efforts to protect human rights and ensure justice in the execution of marriage.  
Implementation of Divorce Lawsuit in Religious Court Reviewed from Madhhab Shafi'i (Study of the Decision of the Binjai Religious Court No. 258/Pdt.G/2016/P.A.Bji.) Hasan Munthe; Azzahrawani Syakira
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.955

Abstract

Khulu' is a way out provided by religion for women to break free from the bonds of marriage in exchange for the payment of ransom to their husbands. In fiqh literature, divorce lawsuits without iwadh are not known, while in laws and regulations there is the concept of a divorce lawsuit without ransom. This research is a juridical normative research. The results of this study show that there is a difference in the concept of divorce lawsuits between the Shafi'i school and the Binjai Religious Court Decision due to a difference in concept. In the Shafi'i mazahb it is stipulated that Talak is the absolute right of the husband and if the Talak is requested (sued) by the wife, then the wife is obliged to pay the ransom (iwadh) to the husband. Meanwhile, in the applicable laws and regulations in Indonesia, wives are given the right to divorce their husbands without having to provide iwadh.    
Waqf Dispute Resolution: A Juridical Review of Alternative Dispute Resolution Mechanisms Sri Azriani; Raihan Qodrian
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.956

Abstract

This case study examines alternative dispute resolution related to waqf, a charitable practice that has significance in Islamic and social law. Waqf disputes often occur due to differences in interpretation of waqf agreements, non-transparent management of waqf assets, or changes in economic and social conditions. The settlement of waqf disputes requires an approach that is in accordance with the principles of Islamic law, as well as effective and fair in safeguarding the interests of all parties. This study uses a normative juridical method with a case study approach to examine the applicable legal provisions and their application in the practice of resolving waqf disputes. The results of the study show that alternative methods such as mediation and deliberation are preferred over litigation in resolving waqf disputes. This process is considered faster, cost-effective, and able to create a more peaceful settlement in accordance with Islamic values. In conclusion, alternative dispute resolution, especially mediation, offers a more responsive and harmonious mechanism in resolving waqf disputes. Therefore, it is recommended to strengthen the role of faith-based mediation institutions and raise awareness of the importance of peaceful dispute resolution in the context of waqf, in order to ensure sustainable and equitable waqf management.  
Ethics of Discussion and Debate in the Perspective of Constitutional Law Norms Renita Indriani Hasibuan; Fahrezi Zulnavar; Atthariq Zainadine
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.957

Abstract

Discussion and debate are important instruments in the formation, testing, and development of legal norms. In legal practice, especially in the realm of constitutional and academic law, discourse not only functions as a means of exchanging ideas, but also as a mechanism for searching for rational and just truth. However, without a clear ethical foundation, discussion and debate have the potential to lose their constructive value and instead lead to normative and social conflicts. Therefore, the study of the ethics of discussion and debate from the perspective of legal norms is relevant and urgent. This research aims to analyze the concept, function, and urgency of ethical discussion and debate as part of legal norms, paying attention to the historical, academic, and ethical dimensions that develop in the legal tradition, including Islamic perspectives. The research method used is qualitative research with a descriptive-analytical approach, through literature studies of relevant legal literature, ethics, and Islamic thought. The results and discussions show that the ethics of discussion and debate are a manifestation of legal norms that function to maintain rationality, justice, and respect for differences of opinion. This ethics plays an important role in ensuring that legal discourse takes place in an argumentative, objective, and dignified manner. Thus, the application of the ethics of discussion and debate not only strengthens the quality of legal thought, but also supports the creation of a healthy and civilized legal culture.  

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