Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
Journal Title : Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial ISSN : 2579-5090 (online) | 1411-2353 (print) DOI Prefix : Prefix 10.22373/jms by Crossref Editor in Chief : Ihdi Karim Makinara Managing Editor : Prof. Dr. Khairuddin Hasballah, M.Ag Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh Frequency : 2 issues per year (June and December) Citation Analysis : Index Copernicus | Sinta | Google Scholar Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial is a six-monthly journal published by Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh (Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry Banda Aceh). The journal is published since February 1999 (ISSN. 1411-2353) and earned accreditation in 2003 (Accreditation No. 34/Dikti/Kep/2003) and E-ISSN 2579-5090 (No.0005.25795090/Jl.3.1/SK.ISSN/2017.04). Media Shariah has been indexed Google Scholar and another indexation is processing some. The journal has been nationally accredited by the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia, listed in the Science and Technology Index (SINTA) database. Since the 2019 publication, this journal has ranked with SINTA 3 (61,06), which means it has become one of Indonesia's premier law journals. The detailed information can be accessed here. Download the certificate here. Check this journal in the SINTA database here. The journal is a peer-reviewed journal that aims to publish new work of the highest caliber across the full range of law with various aspects that consist of articles of researches and academic thoughts. It is a medium of academic publication and communication for experts and researchers who are concerned with law and Islamic law in the various perspective, which specified as follows: law and Islamic law in the modern state; law and Islamic law as positive law; law and Islamic law as a living law; and unification and harmonization of law. This desire is marked by the publication of two languages, namely Indonesia and English.
Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh
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Contestation Between Islamic Law and Patrilineal Traditions: Insights from the Toba Batak Community
The purpose of this study is to examine how the Toba Batak Muslim community maintains its cultural identity in the face of complex dynamics while adapting to Islamic principles in the face of urbanization and economic change by examining the pattern of relationships between Islamic law and customary traditions. Three regions—traditional rural areas (Humbang Hasundutan, Tapanuli Utara, Samosir, Toba), multireligious communities (Asahan, Tanjung Balai, Labuhanbatu), and large cities (Medan, Bandung)—are the focus of this qualitative study using a case study methodology. The study's findings highlight three key trends in the interaction between Islam and customs: harmony, compromise, and adaptation. The adaptation trend is evident in individuals from the place of origin who endeavor to maintain practices with minimal impact from Islamic law. A negotiation pattern has developed among individuals in diverse religious contexts who want to reconcile local customs with Islamic principles. Simultaneously, a pattern of harmony is observed in metropolitan areas, where individuals successfully reconcile traditions with Islamic tenets within a contemporary framework. Economic conditions and social mobility significantly influence these trends. Individuals with superior economic advantages often prioritize religious ideals, whereas others with economic constraints rely more on customs as a social mechanism. Social mobility facilitates the adaptation of traditional values to be more flexible and inclusive of Islamic beliefs, particularly in metropolitan settings. This study suggests that economic factors and social mobility act as catalysts in transforming the link between customs and religion within the Toba Batak Muslim community. Research recommendations emphasize the significance of locally-based religious education, inclusive discussion between indigenous and religious leaders, and economic empowerment to foster harmony between traditional beliefs and Islam.
Copyright (c) 2024 Syahrial Arif Hutagalung, Mara Sutan Rambe, Jaenal Aripin, Jufri Naldo, Azhari Akmal Tarigan
Acehnese Dayah Ulama’s Perceptions of the Expansion of Fiqh on Mawani‘ al-‘Irth in the Compilation of Islamic Law (KHI): Resistance or Adaptation?
Kompilasi Hukum Islam (KHI) merupakan pembaruan fiqih yang dimulai 23 tahun lalu, dengan norma-norma yang lebih progresif dibandingkan dengan fiqih klasik. Salah satu contohnya adalah Pasal 173 tentang Penghalang Warisan, yang mencakup percobaan pembunuhan, penganiayaan berat, dan fitnah ahli waris—norma yang tidak ditemukan dalam literatur fikih klasik. Artikel ini bertujuan untuk menganalisis tanggapan ulama dayah di Aceh terhadap perluasan norma fikih dalam KHI, terutama dalam hal penghalang warisan. Penelitian ini menggunakan metode kualitatif melalui wawancara dan studi dokumentasi. Hasil penelitian menunjukkan bahwa ulama dayah di Aceh memiliki pandangan yang beragam. Beberapa mendukung peran pemerintah dalam memperluas norma hukum selama tidak bertentangan dengan syariat, sedangkan lainnya lebih konservatif, mempertahankan kesetiaan pada fikih klasik. Beberapa ulama menggunakan qiyas untuk menyesuaikan hukum dengan zaman, sementara kelompok konservatif-modernis berupaya menyeimbangkan tradisi dengan tuntutan modernitas. Ulama tradisionalis menolak perluasan hukum yang dianggap bertentangan dengan mazhab. Kesimpulannya, meskipun ada perbedaan, mereka sepakat bahwa perluasan norma harus mematuhi prinsip-prinsip syariah dan mempertimbangkan relevansi dengan zaman.
Reassessing the Nusantara Capital Authority: A Conflict with Indonesia’s Regional Autonomy Framework
This study examines the governance design of the Nusantara Capital Authority (Otorita Ibu Kota Nusantara), as established in Law No. 21 of 2023 amending Law No. 3 of 2023 concerning the Capital City of the State. The objective of this research is to assess whether the governance design of the Nusantara Capital Authority aligns with the principles of regional autonomy and to propose a future governance concept for the Nusantara Capital Authority. This research adopts a normative juridical approach, using statutory and conceptual methods, and utilizes secondary data consisting of primary, secondary, and tertiary legal materials. The findings indicate that the governance structure established under the IKN Law does not conform to the principle of regional autonomy, and as such, the Nusantara Capital Authority cannot be classified as a special regional government. The Nusantara Capital Authority does not possess the independent authority to manage its governmental affairs, as in the case of autonomous regions. Based on these findings, the author proposes a governance design for the Nusantara Capital Authority as an administrative area with the status of a Special Zone, which would exercise authority in the preparation, development, and relocation of the Capital City. Therefore, the recent amendments to the IKN Law have not altered the governance design of the Nusantara Capital Authority, which continues to maintain its status as a special region, despite not being in line with the principle of regional autonomy. Penelitian ini mengkaji desain tata kelola Otorita Ibu Kota Nusantara (Otorita Ibu Kota Nusantara), sebagaimana ditetapkan dalam UU No. 21 Tahun 2023 yang mengubah UU No. 3 Tahun 2023 tentang Ibu Kota Negara. Tujuan dari penelitian ini adalah untuk menilai apakah desain tata kelola Otorita Ibu Kota Nusantara telah sesuai dengan prinsip-prinsip otonomi daerah dan untuk mengusulkan konsep tata kelola Otorita Ibu Kota Nusantara di masa depan. Penelitian ini menggunakan pendekatan yuridis normatif, dengan menggunakan metode perundang-undangan dan konseptual, serta menggunakan data sekunder yang terdiri dari bahan hukum primer, sekunder, dan tersier. Hasil penelitian menunjukkan bahwa struktur pemerintahan yang dibentuk berdasarkan UU IKN tidak sesuai dengan prinsip otonomi daerah, sehingga Otoritas Jasa Keuangan tidak dapat diklasifikasikan sebagai pemerintah daerah khusus. Otoritas Modal Nusantara tidak memiliki kewenangan yang mandiri untuk mengelola urusan pemerintahannya, seperti halnya daerah otonom. Berdasarkan temuan ini, penulis mengusulkan desain tata kelola Otoritas Ibu Kota Nusantara sebagai wilayah administratif berstatus Kawasan Khusus, yang akan menjalankan kewenangan dalam penyiapan, pembangunan, dan pemindahan Ibu Kota. Oleh karena itu, amandemen UU IKN yang dilakukan baru-baru ini tidak mengubah desain tata kelola Otoritas Ibu Kota Nusantara, yang tetap mempertahankan statusnya sebagai kawasan khusus, meskipun tidak sejalan dengan prinsip otonomi daerah.
Copyright (c) 2025 M. Yasin al Arif, Gandhi Liyorba Indra
Reviving Adat Law: The Middle Way between Tradition and Modernity in Ecology
The revitalization of customary law is an effort to integrate traditional values with modernity in sustainable environmental management. Customary law plays a crucial role in maintaining ecosystem balance and ensuring the sustainability of natural resources through principles rooted in local wisdom. However, exploitative economic development and growth-oriented policies often overlook its significance. This study analyzes the challenges, causes, and solutions in revitalizing customary law to create synergy between tradition and modernity. A qualitative approach is employed through in-depth interviews, field observations, and focus group discussions (FGDs) to assess its effectiveness in environmental conservation. The findings indicate that the revitalization of customary law can enhance the effectiveness of natural resource management, strengthen the rights of Indigenous communities, and mitigate conflicts between economic and environmental interests. Integrating customary law into national and international policies, raising public awareness, and fostering cross-sector collaboration are strategic steps to optimize its role in maintaining ecological and economic balance.
Copyright (c) 2025 Muhammad Natsir, Muhammad Iqbal, Muhammad Iqbal
Indifference of Jakarta KRL Users: A Postive and Islamic Law Perspective
This research examines the indifferent behavior of users of priority seats on the Electric Commuter Train in Jakarta. This deviant behavior occurs during the commuting hours, both in the morning and evening. This research was examined using qualitative research methodology and a case study approach. In this study, it was found that KRL passengers choose to ride the KRL so they can sit and rest during the journey on the KRL. The irony is that on every seat occupied in the KRL, there is an appeal to give up their seat for those who are classified as priority. Meanwhile, those who have already gotten a seat choose to be indifferent, either by sleeping or covering their ears with headphones while watching their phones or playing games during the journey. With that behavior, they hope not to have to bother giving up their seats to priority users during the journey. Our analysis of that behavior concluded that it is not in line with the ethical system that applies in the KRL. This occurs due to the low legal awareness of KRL users regarding the applicable norms. Likewise, the background of religious, social, and moral education plays an important role in the existence of such indifferent behavior. The existence of such indifferent behavior falls into the category of a modern humanitarian problem that is highly capitalistic. Degrading the value of humans in Islam as khalifatullah, because they are unable to make Allah the primary object of worship in every activity, especially by giving priority to those who are more deserving.
From Ikhtilaf to Eklektisisme: Tracing Qodri Azizy's Evolutionary Perspectives on Islamic Legal Concepts
This article delves into and elucidates the framework of Qodri Azizy's Islamic legal thought as a prominent Muslim intellectual in Indonesia. His contemplations on eclecticism are deemed crucial in the context of national legal development, emerging from specific situations and contexts. The analysis employs normative and hermeneutical approaches, encompassing significant works such as "Ikhtilaf in Islamic Law" and "Reformasi Bermazhab". The idea of eclecticism in Islamic law is understood through Fazlur Rahman's hermeneutics of the double movement. Qodri's thoughts are influenced by his educational environment in the United States, particularly regarding the concepts of ikhtilaf, madhhab, and talfiq. His critique of scholars who neglect the historical understanding of Islamic law results in a perception of legal opinions as unalterable dogma. Qodri asserts that legal opinions from past scholars result from a dialectical process and interaction of ideas, emphasizing their relative nature. In the modern context, Qodri's views remain relevant as he underscores that legal truth is relative, and a process of mutual enrichment (eclecticism) occurs, where seemingly strong opinions are supported by weaker ones.
Copyright (c) 2025 Nazar Nurdin, Ridwan Ridwan, Eko Widianto
Regulation and Supervision of Halal Prodcuts in Aceh Qanun No. 8/2016
Eating and drinking are routine human activities, thus requiring various regulations related to these problems. Allah commands us to eat halal (halalan) and good (thayyiban) food so as not to harm our bodies. Aceh has issued a special regulation to provide protection to the public regarding the products consumed, namely Qanun Number 8 of 2016 concerning the Halal Product Guarantee System, known as Qanun SJPH. This paper wants to find a clear picture of the arrangement and supervision of halal products in Aceh from the Perspective of Qanun Number 8 of 2016 concerning the Halal Product Guarantee System. This research is a qualitative research with a normative juridical approach. All data that has been collected was analyzed using the content analysis method. The result of the research is that the SJPH Qanun has provided a clear description of the guarantee of halal products in Aceh. This regulation of SJPH is a form of responsibility of the Government of Aceh in providing legal protection for Muslims in particular and all Acehnese people in general, regardless of religious origin and certain groups. The main regulatory object is related to halal products, besides that it is also important related to products that meet hygienic standards. Halal product guarantees are regulated in qanuns with a very systematic system of arrangement, supervision and implementation of arrangement and supervision of product distribution in Aceh. The substance of the qanun is very comprehensive regarding guarantees for halal products in the aspects of production, distribution and consumption. Qanun regulates from arrangement, supervision to the provisions of 'uqubat for perpetrators of violations. Arrangement of halal products is carried out starting from raw materials to marketing of halal products, namely products that are labeled halal and/or have received halal certificates from authorized institutions. Furthermore, supervision is carried out from the origin of raw materials, production processes and production facilities on processed animal and/or vegetable products, medicines and cosmetics. The implementation of arrangement and supervision of halal products is the responsibility of LPPOM MPU Aceh and LPPOM can involve an integrated team from cross-agency related to SJPH.
Copyright (c) 2025 Ida Friatna, Syahrizal Abbas, Nazaruddin Abdul Wahid
Critical Analysis of Islamic Family Law Reform: Corpus and Classification
This article critically analyzes Islamic family law reforms with a focus on the legal corpus and its classification. The main aim of this research is to explore the reasons behind efforts to reform Islamic family law and to identify gaps that exist in the legal context. The core issues examined include the differences between traditional Islamic family law and current reform efforts, as well as the relevance and social implications of these changes in an increasingly modern society. The research methodology used includes analysis of legal documents, comparative studies between Islamic family law systems in various countries, and a review of the views of experts and relevant stakeholders. The findings of this research highlight the complexity in implementing Islamic family law reform, both in terms of theory and practice. The conclusion of this article emphasizes the importance of a holistic and inclusive approach in designing Islamic family law reform that can accommodate various views and social and legal needs in modern society.
Copyright (c) 2025 Luciana Anggraeni, R. Tanzil Fawaiq Sayyaf
Cash Wakaf's Contribution to Islam's Socio-Economic Development in Perak
This article aims to discuss the role of cash waqf in the socio-economic development of Muslims in the country of Perak. Cash Waqf is a new product of fiqh today. Because, initially the discussion about waqf referred to non-transferable assets ('iqar) and transferable assets (manqul). Waqf Perak Ar Ridzuan (WPAR) which was launched in 2015 aims to overcome the problem of lack of cash waqf funds. This article explains the implementation of WPAR cash waqf from 2016 to 2021. This research is qualitative in nature through a semi-structured interview protocol with the management of the Perak Islamic Religion Council (MAIPk). The research results found that the implementation of cash waqf focuses on four main areas, namely economics, education, health and religion. In the economic sector, bot waqf funds and waqf business centers (WBC) help increase the income and standard of living of Muslims. Meanwhile, in the education sector, the focus is on endowments for student dormitory buildings and the MUMTAZ program. Meanwhile, in the health sector, hemodialysis center facilities have been built and in the religious sector, funds have been created for the development of maahad tahfiz and the development of Al-Quran knowledge. The findings of this research prove that increasing WPAR fund collection can develop the socio-economic development of Muslims in the country of Perak. It is hoped that the implications of this research can provide a valuable contribution and serve as a guide for MAIPk, in managing waqf so that it can empower cash waqf in the country of Perak.
Copyright (c) 2024 Mohd Zaini Shafiai, Armiadi Musa, Salman Abdul Muthalib
The Harmony of Culture and Religion in the Mithonian Tradition: A Study of the Perspective of Nahdlatul Ulama' Bangil, Pasuruan
Mitoni merupakan satu tradisi yang sudah berjalan turun temurun sehingga menjadi sebuah adat istiadat yang dilakukan ketika kehamilan mencapai usia ketujuh. Kata mitoni tidak saja berarti pitu yang berarti tujuh akan tetapi juga bisa bermakna pitulungan atau pertolongan, maksudnya adalah tradisi ini tidak hanya sebagai tradisi ketika usia kehamilan mencapai tujuh bulan, akan tetapi juga suatu wujud permohonan doa kepada Tuhan Yang Maha Kuasa agar bayi yang dikandung beserta ibunya senantiasa sehat sampai dengan kelahiran. Mengingat keberadaan mitoni sebagai sebuah budaya yang berada dalam tatanan masyarakat, para tokoh Nahdlatul Ulama’ di Kecamatan Bangil, Kabupaten Pasuruan memiliki cara pandang tersendiri ketika menyikapi adat istiadat ini. Penelitian ini menggunakan pendekatan dialektika Qur’an dengan budaya lokal dan metode ijtihad ‘Urf. Digunakannya pendekatan dialektika Qur’an dengan budaya dikarekan fokus penelitian ini adalah budaya dalam sebuah masyarakat beragama, yaitu Islam. Sedangkan digunakannya ‘Urf adalah untuk memetakan hukum pelaksanaan tradisi tersebut. Dari serangkaian pendapat para tokoh dan pendekatan yang digunakan memiliki kesimpulan bahwasanya tradisi ini meskipun tidak tertera dalam teks suci agama, akan tetapi memiliki nilai kearifan lokal dan nilai keagamaan yang kemudian bisa dilestarikan, seperti permohonan pertolongan, do’a, silaturrahmi dan sedekah.
Copyright (c) 2024 Nurdhin Baroroh, Ahmad Ahda Sabila
Protecting Consumers from Motorcycle Users with Non-Standard Motorcycle Iron Frames
In the era of globalization like today, especially in big cities that are often affected by traffic jams, motorcycles can be used as an alternative in supporting transportation facilities and infrastructure on the highway. Nowadays consumers always ignore the importance of a good and standard motorcycle frame. This problem has become familiar throughout Indonesia, without denying that consumers prioritize trends or styles in riding motorcycles. Of course, this is very contrary to the mandate of the Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 12 of 2019. This research is an empirical juridical legal research with a statute approach, namely research or observation in the field or field research whose research focuses on collecting empirical data in the field. The results of this study state that (1) if the purchase of a motorcycle is damaged due to modifications that violate existing laws and regulations such as replacing the iron frame of the motorcycle is not in accordance with the standard value, the company has no responsibility for this incident, if the consumer deliberately modifies the motorcycle and 2) the consumer related to his actions that violate the regulations, namely modifying with an iron frame that is not in accordance with the standard then Penalties are imposed in the form of fines and coaching for related perpetrators, especially guidance on knowledge related to the dangers of using modified motorcycles that are not in accordance with standards and summons to parents related to follow-up mediation and the letter of agreement will not repeat the act.
Sujud Tilawa: Analysis of the Dalil in the Hadith and Fiqh
Sujud Tilawah is a prostration that is performed when someone reads and hears the sajdah verse either in prayer or outside prayer. The ulema agree about sujud tilawah in Islam but have different opinions regarding the law on sujud tilawah. According to Hanafis, sujud tilawah is obligatory while the jumhur ulama say it’s recommended. This difference of opinion arises because the scholars differ in using hadith as proof in establishing the law. In this research, the author uses a qualitative research method with the type of library research and this research uses a comparative descriptive approach, which the author compares the hadiths used by Islamic school scholars as evidence in interpreting the law of sujud tilawah. The results of the research show that in the hadith book (Kutubussittah) there are thirteen hadiths showing the Prophet and aṣ-ṣaḥāba performing sujud tilawah after hearing the recitation of the sajdah verse and four hadiths showing the Prophet and aṣ-ṣaḥāba abandoning the act of sujud tilawah after hearing the sajdah verse. Furthermore, to enforce the law of sujud tilawah, the Hanafi School uses one hadith narrated by Ibn Majah number 1052. The Maliki School uses one hadith narrated by Bukhari number 1077. The Syafi'i school uses three hadiths narrated by Abu Dawud number 1404 and Bukhari number 1077 and number 2678. The Hanbali school uses two hadiths narrated by Abu Dawud number 1404 and by Bukhari number 1077. The Dzahiri school uses one hadith narrated by Abu Dawud number 1404.
Public Resistance to Cryptocurrency and Its View From the Islamic Perspective
Cryptocurrency appeared amid digital technology's growth tremendously, offering fast, transparent, auditable, and secure features. However, its presence and status in Islamic law are still debatable among the Community. Cryptocurrency is based on blockchain and has decentralized finance, contrary to the current conventional system, namely central banks. The purpose of this study is to see community resistance over cryptocurrencies and its views on the Islamic perspective. This study is qualitative with a phenomenology approach. Data sources were obtained through in-depth interviews and structured ones. The analysis carried out in this study used the maqashid sharia approach, fiqh rules, and ushul fiqh. The result of this study showed that the concept of decentralized finance has yet to be able to take over the role of central banks. The majority of perspectives provided by the ulama, who were consulted as primary sources in this research, maintain the belief that cryptocurrency remains an unreliable medium of exchange and a risky long-term asset.
The Contribution of the Indonesian Woman Constitutional Justice in Achieving the Sustainable Development Goals
This study explores the role of woman as constitutional judges for the realization of the sustainable development goals (SDGs). One of the goals of the SDGs is gender equality, one such as ensuring effective participation for women as public officers, including as constitutional judges. However, in fact, the number of female constitutional judges are much less than male constitutional judges in Indonesia, due to patriarchy and Islamic paradigms. Woman’s perspective is substantial thing in decision making, though. To comprehend the issue, this research will examine the election and the role of women constitutional judges in the realization of the SDGs. The statutory approach was adopted to study laws and regulations, and the comparative approach was implemented to deeply understand the comparison between Indonesia’s laws and Islamic perspectives relating to the status of woman as judge. Secondary data from literature review and library research support an analysis for a deeper understanding of the concept of requirements to be a Constitutional Justice. The finding of this research implies that there are different opinions in Islam perspective, even the contemporary scholars argue that woman can be a judge, including in constitutional justice. This study emphasizes that anybody can be a judge, if they can fulfill the requirements: having integrity and impeccable personality, be just, be a statesman/stateswoman mastering the constitution and constitutionalism and does not concurrently hold a public office. Consequently, it will encourage decisions that consider women's rights to realize sustainable development goals.
Children's Legal Status in Kediri Religious Court Marriage Dispensation Cases
Marriage is permitted for those who have fulfilled the marriage requirements as regulated in statutory regulations. Among them, the minimum age for marriage for prospective male and female brides is the same, 19 years. For those who do not meet the minimum age requirements, marriage can still take place after receiving a marriage dispensation from the court. Data shows that there are a lot of requests for marriage dispensation in Indonesia, in fact every year there is a significant increase. The Kediri City Religious Court only has 3 sub-districts, in 2022, 69 marriage dispensation cases will be accepted. The reason that is often given is that the relationship between the prospective bridegroom and the female is very close, parents/guardians are afraid and worried that they will increasingly fall into actions that are contrary to morals or religion, and quite a few of the prospective wives are already pregnant. In adjudicating cases regarding requests for marriage dispensation, the court often considers two disadvantages, which occur as a result of early marriage and if the marriage dispensation is rejected. Interesting, knowing the practice and position of children in conflict with the law in cases of requests for marriage dispensation at the Kediri City Religious Court. The practice of marriage dispensation application cases is in accordance with general civil procedural law and statutory regulations, especially Law Number 16 of 2019, Law Number 23 of 2002, and Supreme Court Regulation Number 5 of 2019. The examination is in accordance with the principles -the principle of children dealing with the law, because every case involving children is required to consider the best interests of the child so that the determination must take an approach to the best interests of the child, which is carried out comprehensively.
Copyright (c) 2024 Mochammad Agus Rachmatulloh, Lailiyatul Hikmiyah
Dayak Ngaju Customary Law's Criminal Sanctions Agains Adultery in Palangka Raya
The law in each society has its own style and nature. Customary law is a law that always grows from a real need for life and a way of life in society, which is the whole culture of the community where customary law applies. Customary law if violated will certainly be subject to sanctions. Customary law in Palangka Raya against perpetrators of adultery will be punished in the form of sanctions, namely by paying a singer or jipen fine to complete peace according to Dayak Ngaju custom. Based on the facts in the field, if a criminal act of adultery is committed by a wife with an unmarried man against her husband, it certainly raises questions about Damang's authority as Dayak Traditional Chairman so that it can be known and understood that what are the legal acts in the settlement of adultery committed by the perpetrator.
Copyright (c) 2024 Novea Elysa Wardhani, Kiki Kirstanto, Ivans Januardy, Anggelia Widya Putri
The Marriage Model in the Gayo Community and Its Impact on the Inheritance System
The issue of inheritance is closely related to kinship ties, both blood and marital. An example of marriage model in the Gayo community differs from other Acehnese communities, thus leading to different inheritance practices. The Gayo community recognizes three marriage models: jeulen, angkap, and kuso-kini. This is interesting to study in relation to the inheritance system in the Gayo community and its connection to these marriage models. Research findings indicate that inheritance practices in some parts of the Gayo community are greatly influenced by their marriage models. For instance, female children who marry jeulen may not receive inheritance rights, while male children who marry angkap may also be excluded from inheritance. According to traditional Gayo leaders, the inheritance system in the Gayo community is not directly influenced by their marriage system, as they adhere to Islamic inheritance laws. Any deviation from Islamic inheritance laws is attributed to the ignorance of village authorities or the heirs themselves, rather than customary practices. The research also found other inheritance issues practiced by the Gayo community, such as equal distribution of inheritance based on responsibilities towards parents and family. The study also revealed various cultural practices in the Gayo community that warrant further serious and in-depth research, both in terms of marital customs and inheritance systems (such as cases where parents are not given inheritance rights when the heir is still alive), and other related matters.
Clarifying Misconceptions Understanding Hand-Cutting Punishments in the Al-Sariqah Crime Context
This research aims to explore understanding and clarify potential misconceptions related to hand-cutting punishment in the context of Al-Sariqah crime (theft) within Islamic law. The research also encompasses an examination of legal approaches and justice in the implementation of this punishment. By analyzing various literary sources, particularly the opinions of scholars and Islamic legal literature, this study highlights the stringent standards and conditions that must be met for hand-cutting punishment to be applied. This research will utilize academic databases, digital libraries, and other reliable sources to gather scholarly articles, books, and conference papers discussing aspects of hand amputation punishment in the context of al-Sariqah. the research dispels the common belief that it can be haphazardly applied. The stringent prerequisites, including evidence, legal clarity, and understanding the perpetrator's circumstances, underline that hand amputation is not an arbitrary measure but is reserved for specific circumstances.
Requirements of Polygamy by Muhammad Shahrur and It’s Relevance to Indonesian Society
Muhammad Shahrur has a different view about polygamy from other scholars. According to him, polygamy is only permitted for widows who have orphans. This condition applies to second, third and fourth wives. This requirement refers to the principle of protection for widows and the principle of justice towards orphans. This research is descriptive qualitative research. The data collection technique is a literature study by exploring various literature, both literature in the form of books and articles related to Muhammad Shahrur's thoughts. Likewise, it is related to the social conditions of Indonesian society, especially the phenomenon of polygamy in Indonesia. This research explores Muhahmmad Shahrur's opinion regarding the requirements for polygamy and looks at its relevance to social conditions in society. This research concludes that the conditions for polygamy expressed by Muhammad Shahrur are very relevant and can bring benefits if implemented and legislated into regulations in Indonesia. First, because polygamy regulations in Indonesia adhere to the principle of open monogamy. Second, polygamy can be a solution for widows and their orphaned children in Indonesia who face many problems. Third, polygamy is not prescribed to cause problems, but to provide solutions. Including solutions to social conditions in society.
Copyright (c) 2024 harwis alimuddin, Abdul Haris Abbas
Comparison of Hajj Financial Management in Malaysia and Indonesia
The historical experience of organizing Hajj in Malaysia and Indonesia is long enough that the Malaysian Hajj Savings Institution (TH) and the Hajj Financial Management Agency (BPKH) were formed to manage the pilgrimage for the people of Malaysia and Indonesia. However, in practice, there are still many debates in terms of the use of contracts, Hajj management, facilities and human resources that have not been improved. This study aims to compare contract construction related to hajj performance which has an impact on haj financial management with a business and investment approach. This study uses a qualitative method using a document coding model. The data was obtained using a comparative normative approach, namely by exploring information about the contract, the impact of the contract on the financial management of the hajj in Malaysia and Indonesia. The results of this study can be concluded that the two countries use the Wakalah contract as the construction of the Hajj contract where the contract fulfills the pillars and conditions, but with a note that the other contract schemes still use the "Haj contract" at the beginning of the deposit or registration of the prospective Hajj and this should be considered by both governments. Also from the results of this study, Indonesia is far more complex in terms of concepts and mechanisms for haj financial management compared to Malaysia. Pengalaman sejarah pengelengaraan haji di Malaysia dan Indonesia cukup panjang sehingga tertubuhnya Lembaga Tabung Haji Malaysia (TH) dan Badan Pengelolaan Keuangan Haji (BPKH) untuk mengelola penyelengaraan haji bagi masyarakat Malaysia dan juga Indonesia. Namun, dalam pelaksanaannya, masih banyak perdebatan baik dari segi pengunaan akad, manajemen haji, fasilitas maupun sumber daya manusia yang belum ditingkatkan. Penelitian ini bertujuan untuk membandingkan konstruksi akad terkait kinerja haji yang berdampak pada pengelolaan keuangan haji dengan pendekatan bisnis dan investasi. Penelitian ini mengunakan metode kualitatif dengan menggunakan model pengkodean dokumen. Data yang diperoleh dengan menggunakan pendekatan normative komparatif yaitu dengan menggali informasi mengenai akad, dampak akad terhadap pengelolaan keuangan haji di Malaysia dan Indonesia. Hasil kajian ini dapat disimpulkan bahwa kedua negara menggunakan akad Wakalah sebagai konstruksi akad haji dimana akad tersebut memenuhi rukun dan syarat, namun dengan catatan skema akad yang lain masih digunakan “akad haji” di awal setoran atau pendaftaraan calon Haji dan ini seharusnya diperhatikan oleh kedua pemerintah. Dari hasil penelitian ini juga, Indonesia jauh lebih kompleks dari segi konsep dan mekanisme pengelolaan keuangan haji berbanding Malaysia.
The Conceptual Framework of International Law in the Historical Establishment of Islamic Law
The legal enactment in the Makkah phase which lasted for approximately 13 years focused on cultivating the faith, strengthening its roots, and maintaining its purity. Islam makes the two sentences of the shahada as the realization of the aqidah as the door to a person's entry into the embrace of Islam which then applies Islamic laws to him. In efforts to adhere to the Islamic creed, it relies on logical arguments. The way to do this is by inviting humans to think about the universe, observing the signs of Allah's power and the beauty of His creation, and thinking about how all of this creation works in an orderly pattern. According to Sheikh Manna, the letters and verses that were included in the Makkah phase describe the orientation of faith by inviting humans to think and see the universe along with the heavens and the earth, witnessing the secrets that Allah keeps behind it all, and accuracy and perfection. in the universe itself, which is neatly arranged without any defects or doubts in it. Determination of Medina Law, The hijrah event was a separation between two societies in Islamic history. While in Mecca, the Islamic faith had been firmly ingrained in the souls of the Muhajirin and, like the Ansar, had taken the oath of allegiance. It was there that the seeds began to form which became the embryo of the founding of an Islamic society. Then they made Medina a place to settle in order to develop these seeds. "It is at this stage that da'wah begins to enter the stage of implementation in an organized manner," he said. Sheikh Manna said that the establishment of laws in Medina led to the formation of society and the establishment of rules in social matters. And the first step taken by Rasulullah SAW in building society was to bring brotherhood between the Muhajirin and the Ansar, whereby the Ansar people prioritized their brothers from among the Muhajirin over themselves.
Historical Frame and Determination of Islamic Law
Women Who Wear the Face Veil: Following Trends, Influenced by Studies, or Covering Their Aurat?
The Islamic perspective on the veil is bound and limited by the concept of aurat. Some scholars view the face as not part of the aurat, therefore the face does not have to be covered with a veil. Others see and conclude that the face is a woman's private parts, so it is mandatory for women to cover their faces with a veil. Cultural, social and political perspectives also follow the veil trend in society. This research aims to look at the motivation for using the veil as practiced by students at the Faculty of Sharia and Law (FSH) UIN Ar-Raniry. Next, these motivations are analyzed with a review of Islamic law and culture. The determination of locus is because FSH students are well-known (familiar) with legal matters, so the use of the veil should at least be considered based on a scientific approach. Apart from that, we want to get a detailed and detailed picture of the laws of the veil and the various responses to its use in society. There were ten female students who wore the niqab who were interviewed for several different reasons. The results obtained are related to the motivation to use the veil among students because (1) they follow along with seniors without knowing the reasons and urgency in more depth; (2) often take part in studies, because wearing the veil is understood as sunnah and is inspired by other people.
Istihsan Qiyas Khafi Indication of Al-Bazdawi in Contemporary Fatwa in Indonesia
This research aims to analyze Istihsan qiyas Khafi al-Bazdawi as indicated in contemporary fatwas in Indonesia. What is the concept of Istihsan qiyas khafi al-Bazdawi, and how is it relevant to contemporary fatwas in Indonesia? The research method used is descriptive analysis with a literature study approach sourced from journals, websites, books by al-Bazdawi and his lecturers. The results of the research show that Istihsan qiyas khafi al-Bazdawi is a process of intifa' (taking benefits) on a legal object by using qiyas/illat (legal reasons) khafi (hidden) by removing qiyas/illat jali (real reasons in law), and Istihsan Khafi al-Bazdawi's qiyas are considered relevant to a number of contemporary fatwas of the Indonesian Ulema Council (MUI), including: 1) the prosperity of cash waqf Sukuk, 2) the ease of Sukuk Mudharabah, Murabahah, Musyarakah, 3) the ease of Sweb when fasting, 4) the ease of Vaccine injection while fasting
The Study of Analysis Toward Zakat of Honey on Mazhab Imam Syafi’i Perspective
Honey is a special food ingredient because of its taste, nutritional value and high efficacy. That's why honey is revered by many people as a unique type of food that is also medicinal which has been known since ancient time because it is able to maintain the immune system for those who consume it. In the past, people were not familiar with honey livestock and only got it in forests, but now many people have cultivated honey and even developed it with a factory processed system in such a way. This research will discuss the position of honey and the law of zakat on the results of the honey business based on the thought of mazhab (school of thought concerning Muslim law) Imam Shafi'i. This research is a library research with a qualitative approach. The result of research was that Imam Syafi’I had two views known as Qaul al-Qadim and Qaul al-Jadid. Zakat of honey in qaul al-qadim is obligated to pay zakat with qiyas that honey included staple food based on hadist and prophet’s friends. Imam Syafi’I says that honey is not obligated to pay because it does not include staple food. Imam Syafi'i moved from qaul qadim to qaul Jadid because he found a stronger argument to be used as a legal basis. Therefore, Imam Syafi'i did ijtihad and dismantled the results of the previous ijtihad be based on weak arguments. He says “The hadith saḥiḥ is my mazhab and leave my opinion if it contradicts the hadith sahih”. Istinbath (method in understanding the proposition of revelation)of law used by him is Imam Syafi’I to construct the reason based the hadist. Keywords: Honey, Zakat, Imam Syafi’i
Copyright (c) 2024 Dedisyah Putra, Muhadi Khalidi
Cigarettes: Between Behavior, Habits, and Law
Tobacco products known as cigarettes are strongly opposed because of the large amount of toxins contained in them. Although the government has given warnings about the dangers of smoking. However, it did not have an effect. This research aims to examine Cigarettes: Between Behavior, Habits, and Law. Qualitative research methods with a normative legal approach. Research results: (1) Smoking habit. Smoking is currently a frequent behavior. In fact, the realization of the preservation of the soul in Islam is the most important part. For, the preservation of the soul simultaneously sees the need for the preservation of the body by not getting used to smoking; (2) Smoking consumption and smoking behavior. The consumer behavior of smokers has taken its decision to continue consuming cigarettes. In the future, consumer smokers constantly needed cigarettes as a smoking need; and (3) Smoking laws according to Islamic organizations in Indonesia: (1) Smoking mubah according to Nahdhatul Ulama (NU) and the Islamic Union (PERSIS); (2) Smoking is makruh and haram according to the Indonesian Ulema Council (MUI); and (3) Smoking is haram according to Muhammadiyah.
Copyright (c) 2024 Pani Akhiruddin Siregar
Istifadhah Witness (Testimonium De Auditu) for Marriage Authentication (Analysis of Kuala Simpang Religious Court Ruling Number: 10/Pdt.P/2021/MS.Ksg)
This article would like to discuss about istbat nikah (marriage authentication) where the witnesses who gave their testimonies were istifadhah witnesses (Testimonium De Auditu) based on a case which registered in Mahkamah Syar’iyah (Religious Court) in Kuala Simpang, Aceh, as a case number 10/Pdt.P/2021/MS.Ksg. However, based on this witness’ testimonies, the judges authorized istifadhah witnesses to give their testimonies to be heard in front of the Court. It has challenged academically to know and dig more about the judge’s reasoning on why he consider the authorization of istifadhah witnesses testimonies in istbat nikah on mentioned case. It is also interesting to analyze on how Islamic law view about istifadhah witnesses’ testimonies in an istbat nikah case. The combination between field study and library study with juridical normative approach is used as the method in this research. The result shows that istifadhah witnesses’s testimonies can be heard in the court as long as the testimonies given cannot be proved, otherwise then the testimonies are true. Similarly, Islamic law views this matter can only be applied in some cases, one of which is in istbat nikah case.
Witness and Itsbat Nikah (Marriage Authentication)
Copyright (c) 2024 Husni Mubarrak, Bukhari Ali, Sindi Rahmadani
Compatibility of Human Rights and Sharia: The Perspective of Interreligious Leaders in South and West Aceh Indonesia
Human rights and Islamic law are two distinct sources of law with the common orientation of upholding the dignity of human beings. This study aimed to explore the compatibility of the two to avoid any conflicts and to ensure legal development that considers both human rights values and Islamic law, particularly in Aceh where Islamic law is implemented. The study began by asking two fundamental questions: how are human rights and Islamic law compatible in the context of legal development in Aceh? And how do interfaith figures in southwest Aceh view the compatibility of human rights and Islamic law? The study utilized qualitative research methods with a phenomenological approach and an interpretive paradigm, and it concluded with a continuous qualitative narrative analysis from the start of the research until its completion. The research findings indicate that human rights and Islamic law have been incorporated into the formulation of every law and can accommodate all segments of society in Aceh, both in terms of religion and humanity. Additionally, human rights and Sharia law in Aceh have found a point of convergence that is supported by the acceptance of cross-religious communities, particularly in southwestern Aceh. Thus, this research suggests that human rights and Sharia law are not in conflict with each other because they share the same orientation of respecting the dignity of humanity.
Criteria for Legal Competence in Islamic Law: A Critical Evaluation
A leader must have the ability to act legally so that every action he does is legal. This skill is required to be perfect, even exceeding the ability to act legally on a husband and wife in managing a household or someone in managing their property. On the basis of perfect legal skills, the leadership process will be able to run well, and various benefits can be realized in society at large. In this case, Islamic law as one of the legal systems that live in society is believed in giving a view of the legal skills of a leader. Some verses of the Qur'an and the Hadith of the Prophet SAW. give a signal about the criteria for a leader's legal competence. There are two important elements that must be possessed so that the ability to act in law is perfect; first, the age of a leader (caliphate), either a leader of a state (prisident), or a region (governor and regent/mayor) is at least 40 years old. While the position of assistant to the caliphate (minister and police) must be at least 21 years old; second, having perfect intelligence (rusyd). This intelligence is based on deep knowledge and broad insight into leadership. Based on this intelligence, a leader will carry out policies to his people in accordance with the benefit principles. Seorang pemimpin menjadi sentral bagi rakyatnya untuk mengantarkan mereka dalam mewujudkan kemaslahatan, kesejahteraan, dan kehagiaaan. Untuk hal itu, seorang pemimpin diharuskan memiliki kecakapan hukum yang baik, bahkan melebihi daripada seorang suami atau isteri dalam membina rumah tangga, atau seseorang dalam mengelola harta bendanya. Konsep kecakapan hukum pada seorang pemimpin telah disebutkan dalam berbagai ketentuan atau pemikiran para ahli. Dalam hal ini, hukum Islam memberikan konsep dan kriteria kemampuan kecakapan bagi seorang pemimpin. Tulisan ini mengkaji konsep hukum Islam tentang kecakapan seorang pemimpin yang mampu mewujudkan kemaslahatan bagi umat. Metode yang digunakan pada kajian ini yuridis normatif, yakni dengan mengkaji beberapa ayat Alquran dan Hadis Nabi SAW. yang memberi isyarah tentang kriteria kecakapan hukum seorang pemimpin. Hasil penelitian ditemukan ada dua unsur penting yang harus dimiliki seorang pemimpin supaya cakap bertindak hukum secara sempurna. Pertama, usia seorang khalifah, baik Presiden, atau Gubernur dan Bupati/Walikota, minimal 40 tahun. Sementara jabatan pembantu khalifah, seperti Menteri dan Polisi minimal berumur 21 tahun. Kedua memiliki kecerdasan yang sempurna (rusyd), yakni seorang pemimpin mempunyai kecerdasan intelektual, emosional, dan spiritual yang baik. Dari ketiga kecerdasan tersebut akan melahirkan sifat bijaksana, dan pada gilirannya terwujud kemaslahatan hidup masyarakat secara luas.
Copyright (c) 2023 irwansyah muhammad jamal
Assessing Mutatis Mutandis’ Authorities of Sabang Free Trade and Free Port Zone within the Indonesian Law on Job Creation
This paper discusses authorities of Sabang Free Trade and Free Port Zone(KPBPB) and its dilemma post the existence of the Law on Job Creation (UU-Cipta Kerja) and Constitutional Court decision, in terms of ‘Mutatis Mutandis’ in attracting investment. There is conflict regulation after the government issued UU-Cipta Kerja, including facilities and conveniences in the form of entry and exit of goods, taxation, customs, excise and licence. The application of Online Single Submission(OSS) system has centralized the authority while KPBPB Sabang to become only a beneficiary. Hence the Application of ‘Mutatis Mutandis’ to necessary changes for attracting Investment opportunities is required. This paper contributes to clarify the authority of KPBPB Sabang in terms of strengthening and repositioning the KPBPB within centralization notion of Job creation law.
Copyright (c) 2024 Ahmad Zharfan, M. Yakub Aiyub Kadir
Dewas' Legal Effects on KPK Independence: A View from Siyasah Dusturiyyah
This article says that the Supervisory Board's (Dewas) main job is to keep an eye on how the Corruption Eradication Commission (KPK) is doing. This includes making performance goals, managing the budget, and keeping an eye on wiretapping and searches done by the KPK. The goal of this paper is to explain, from the point of view of Siyasah Dusturiyyah, how the presence of the Supervisory Board in Law No. 30 of 2002 about the KPK affects the independence of the KPK. In this study, normative legal research was used. For this study, library research was used to find legal information. Based on the results of this study, Siyasah Dusturiyyah thinks that the presence of the Supervisory Board has a positive effect on the independence of the KPK. The Supervisory Board is an independent body that makes sure the KPK follows the law and isn't affected by political or other groups' interests. Artikel ini berusaha menegaskan tugas utama Dewan Pengawas (Dewas) adalah mengawasi bagaimana kinerja Komisi Pemberantasan Korupsi (KPK). Hal ini termasuk menetapkan sasaran kinerja, mengelola anggaran, dan mengawasi penyadapan dan penggeledahan yang dilakukan oleh KPK. Tulisan ini bertujuan untuk menjelaskan, dari sudut pandang Siyasah Dusturiyyah, bagaimana keberadaan Dewan Pengawas dalam UU No. 30 Tahun 2002 tentang KPK mempengaruhi independensi KPK. Dalam penelitian ini digunakan penelitian hukum normatif. Berdasarkan hasil kajian tersebut, Siyasah Dusturiyyah menilai kehadiran Dewan Pengawas berpengaruh positif terhadap independensi KPK. Dewan Pengawas adalah badan independen yang memastikan KPK taat hukum dan tidak terpengaruh oleh kepentingan politik atau kelompok lain.