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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 116 Documents
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Government in the Perspective of Fiqh Siyasah: A Critical Study between Democracy and the Concept of Caliphate Mhd Soleh Hasibuan; Adinda Putri Hutabarat
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.v2i3.944

Abstract

This study discusses the perspective of Islamic jurisprudence on the system of government, especially in comparing the concepts of democracy and the caliphate. In Islamic history, the caliphate was seen as an ideal system of government that applied Islamic sharia comprehensively, while democracy was a modern system rooted in the sovereignty of the people and individual freedom. This research uses the library research method by analyzing classical and contemporary sources, both from fiqh literature and Islamic political thought. The results of the study show that there is a diversity of opinions among scholars regarding the validity of democracy in Islam. Some scholars accept democracy as a means of ijtihadiyah that can be adapted as long as it does not contradict the basic principles of sharia. Meanwhile, the caliphate system is seen as more ideal normatively, but it faces challenges in contextual implementation in the modern era. This study concludes that the fiqh approach to the system of government is dynamic and contextual, and opens up space for the integration of Islamic values in various forms of political systems.
Menstrual Regulation in the Perspective of Islamic Fiqh: An Examination of Sharia Laws and Limitations Naufal Rizky Fadhilah; Tasya Afrianti; M. Yusuf Alamsyah Hrp
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.v2i3.945

Abstract

This study discusses the study of fiqh on Menstrual Regulation or menstrual regulation as a form of Family Planning (KB) practice in an Islamic perspective. In the modern era, the regulation of the menstrual cycle through drugs or medical interventions is often used by women for the sake of health, pregnancy planning, and the implementation of worship. This raises questions about its validity in Islamic law. This research uses a qualitative method with a library research approach, namely by examining classical and contemporary literature, including the Qur'an, hadith, fiqh books, and fatwas from religious institutions. The results of the study show that Islam basically allows the use of family planning methods, including menstrual regulations, as long as it meets several fiqh requirements, including: does not cause harm to health, is carried out on the basis of legitimate needs, and does not contradict the principles of sharia. Fiqh principles such as la dharara wa la dhirar (no harm) and maqashid syariah (the purpose of sharia), especially in safeguarding the soul and offspring, are the legal basis that allows this action. Thus, Menstrual Regulation is acceptable in Islam as long as it is carried out with medical considerations and sharia ethics.
Risk Management in Sharia Insurance: A Juridical Analysis on Legal Basis and Its Implementation Nazla Aina Afrinti Telaumbanua; Afri Kartika; Nazwa Salsabila Lubis; Siti Nuraisyah; Muhammad Ali Guntur
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.v2i3.946

Abstract

Sharia insurance is basically based on the principle of help-help (ta'āwun) known as at-ta'mīn, takaful, and tazāmun. In contrast to conventional insurance, sharia insurance emphasizes a mechanism of mutual protection through the management of tabarru' funds  and the use of contracts in accordance with sharia principles. In practice, risk management in sharia insurance is not only an operational technical aspect, but also has a normatively binding legal dimension. This research aims to analyze the legal basis and implementation of risk management in sharia insurance from a juridical perspective. The research method used is normative juridical with a literature approach, through the collection of secondary data sourced from laws and regulations, fatwas of the National Sharia Council of the Indonesian Ulema Council, legal literature, and relevant scientific works. The results of the study show that risk management is an important legal instrument to anticipate uncertainty and potential losses that can hinder the achievement of sharia insurance goals. Risk is understood as uncertainty arising from internal and external factors of the institution. The implementation of risk management must be guided by the provisions of the Financial Services Authority and sharia principles to ensure legal compliance, participant protection, and the sustainability of the sharia insurance business.
Dynamics and Challenges of National Insurance Law in the Context of Globalization Putri Nawarni Harahap; Rizki Khoiril Waladi Siahaan; Siti Fatimah; Adi Syahputra; Fitri Elisa Noviani Simatupang
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.v2i3.947

Abstract

Globalization has driven cross-border openness in various sectors, including the insurance industry. In this context, Indonesia cannot close itself off the involvement of foreign parties in the implementation of the national insurance business. The existence of insurance companies basically aims to provide protection and solutions to the risks faced by the community, but the influx of foreign capital and companies gives rise to its own legal dynamics, especially related to company ownership, supervision, consumer protection, and national legal sovereignty. This research aims to analyze the dynamics and challenges of national insurance law in the face of globalization currents, especially in relation to foreign ownership regulation and the role of the state in safeguarding national interests. The research method used is normative legal research with a statutory and conceptual approach, through the study of insurance regulations and relevant legal doctrines. The results of the study show that globalization requires strengthening national insurance regulations in order to be able to increase the competitiveness of the domestic insurance industry without ignoring legal protection for the community. In addition, the government's role as a regulator and supervisor is crucial in creating legal certainty and public trust. In conclusion, harmonization between global openness and national legal interests is key in answering the challenges of insurance law in the era of globalization.
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. 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.v2i3.948

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. 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.v2i3.949

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. 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.v2i3.950

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. 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.v2i3.951

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. 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.v2i3.952

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. 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.v2i3.953

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.

Page 9 of 12 | Total Record : 116

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