Jurnal Ilmiah Al-Syir'ah最新文献_第3页

Implementation of Regulation Number 25 in 2009 Concerning the Public Services Toward the Regional Organizations of Gorontalo District 2009年关于哥伦塔洛地区组织公共服务的第25号条例的实施

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-29 DOI: 10.30984/jis.v19i2.1496

Muten Nuna, Ibrahim Ahmad, Arifin Tumuhulawa, Dikson Junus, R. Moonti

{"title":"Implementation of Regulation Number 25 in 2009 Concerning the Public Services Toward the Regional Organizations of Gorontalo District","authors":"Muten Nuna, Ibrahim Ahmad, Arifin Tumuhulawa, Dikson Junus, R. Moonti","doi":"10.30984/jis.v19i2.1496","DOIUrl":"https://doi.org/10.30984/jis.v19i2.1496","url":null,"abstract":"The research aimed to investigate the effectiveness of Regulation Number 25 in 2009 concerning public service on the organization of the local forces and investigate the hindrance factors of the implementation of Regulation Number 25 in 2009 concerning public service on the regional organizations. It was empirical juridical research employing the interview method. The technique of data analysis applied descriptive analysis. Findings revealed that the public services of Gorontalo District's regional organizations had been implemented based on the procedure operational standard and the provision of Legislation, although it was not effective. It can be seen from community satisfaction with administrative services that still need to be addressed and improved. The hindrance factors of implementing public service regulation were human resources and the availability of facilities and infrastructures. In creating public services appropriately with the Legislation, the government should be entirely done to improve employees' awareness. Society or paying attention to the organization management and adequate human resources and facilities and infrastructures can support the role of government in improving the public services, particularly the regional organizations of Gorontalo District.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130709523","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Juridical and Sociological Considerations of Judges in Granting Marriage Dispensation after Enactment Law No. 16 Of 2019 《2019年第16号法》颁布后法官准予婚姻豁免的法律与社会学考量

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-29 DOI: 10.30984/jis.v19i2.1460

M. Maimunah, Abdul Helim, Noor Aina, R. Adawiyah

{"title":"Juridical and Sociological Considerations of Judges in Granting Marriage Dispensation after Enactment Law No. 16 Of 2019","authors":"M. Maimunah, Abdul Helim, Noor Aina, R. Adawiyah","doi":"10.30984/jis.v19i2.1460","DOIUrl":"https://doi.org/10.30984/jis.v19i2.1460","url":null,"abstract":"This research is motivated by many applications for dispensation for Marriage after implementing the latest law related to the age limit for Marriage. This study examines judges' considerations from both normative and social aspects so that this dispensation application can be accepted. This research focuses on 1) how does the Judge review the application for a marriage dispensation after enacting Law Number 16 of 2019 at the Palangkaraya Religious Court? Religion of Palangkaraya?. This empirical research uses a statute approach and Islamic law. The research subjects are 5 (five) judges and 2 (two) informants who are substitute clerks at the Palangkaraya Religious Court. Data were collected through observation, interviews, documentation and analyzed through Islamic Laws and normative. The results of this study indicate that judges in deciding cases of marital dispensation do not only look at the Completeness of the legal administration. But also from a sociological perspective, granting a dispensation application sees aspects of the benefits that must be obtained to avoid more significant damage. The implication is that changes of the law related to marriage dispensation are increasing because it becomes a procedure to complete the marriage administration for underage couples in the provisions of the law.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131898471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Hacking Muhammad Syahrûr's Hudûd Theory and Its Relevance to the Inheritance of Sangkolan Madurese People 浅析穆罕默德·赛厄<s:1>的hud<s:1>理论及其与桑可兰·马杜罗民族传承的关系

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-12-29 DOI: 10.30984/jis.v19i2.1625

Moh. Mujibur Rohman, Siti Muafatun

{"title":"Hacking Muhammad Syahrûr's Hudûd Theory and Its Relevance to the Inheritance of Sangkolan Madurese People","authors":"Moh. Mujibur Rohman, Siti Muafatun","doi":"10.30984/jis.v19i2.1625","DOIUrl":"https://doi.org/10.30984/jis.v19i2.1625","url":null,"abstract":"Muhammad Syahrûr is a modern thinker from Damascus with the theory of hudûd or limits in interpreting the verses of the Qur'an (or al-Tanzîl al-Hakîm). One of the theoretical scopes offered is hâlah al-hadd al-adnâ wa al-hadd al-a'lâ mâ'an (minimum and maximum limits simultaneously) which he applies to the inheritance verse. Syahrûr in interpreting the inheritance verse is quite different from classical scholars. He considered classical scholars too rigid in interpreting the inheritance verse. At the same time, for Syahrûr the 2:1 concept would move dynamically according to the hudûd that God had determined in the inheritance verse. The research method used is normative-empirical with a qualitative approach. This study aims to relevance the theory of hudûd Muhammad Syahrûr with the practice of inheritance of the Madurese community in the form of sangkolan. The results of this study indicate that between Syahrûr's hudûd theory, there is relevance to the practice of Sangkolan inheritance of the Madurese community in realizing gender justice either individually (nadzrah al-fardiyah) or collectively based on majmû'at al-dzukûr and majmû'at al-inâts.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114500378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Existence of Marriage Agreements in Islam Development Studies in the Community of Malay Border Indonesia-Malaysia 婚姻协议在伊斯兰教中的存在——马来边界印尼-马来西亚社区的发展研究

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-06-30 DOI: 10.30984/jis.v19i1.1256

A. Asman, Marilang Marilang, Kurniati Kurniati

{"title":"Existence of Marriage Agreements in Islam Development Studies in the Community of Malay Border Indonesia-Malaysia","authors":"A. Asman, Marilang Marilang, Kurniati Kurniati","doi":"10.30984/jis.v19i1.1256","DOIUrl":"https://doi.org/10.30984/jis.v19i1.1256","url":null,"abstract":"This article explains how the Existence of the Marriage Agreement in the Sambas Community of the Indonesia-Malaysia Border. Based on the pros and cons of the Sambas Malay Society, especially about the marriage agreement regarding taklik talak as a marriage agreement in Islam. With qualitative research methods that are phenomenological observations in the field, the author wants to describe how the existence of divorce taklik talak as a marriage agreement in Islam itself and its practice in the Sambas Malay Community and the reasons for the pros and cons of religious leaders. Almost every prospective husband and wife in marriage to the Sambas Malay Community does not say sighat taklik talak by the husband to his wife after the ijab qobul consent. Sighat taklik talak only knowing that it has been written or listed in a marriage book without being notified to the husband and wife. Although divorce taklik talak has written in the marriage certificate is not an obligation to say. Still, once taklik talak has said, the taklik talak cannot be revoked again. If an agreement with a husband and wife did not fulfil by one of the parties, then the other party has the right to submit the matter to the Religious Court to resolve it. The study concludes that the pros and cons of divorce taklik talak as a marriage agreement in Islam cause a lack of knowledge about Marriage Law Number 1 of 1974 article 29 regarding marriage agreements and the Compilation of Islamic Law (KHI) Article 46 concerning taklik talak. And the lack of socialization of related parties from KUA through religious counsellors and BP4 in Sambas.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122155774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Legal Analysis Towards Mining in North Sulawesi Post the Implementation of Law Number 3 Year 2020 2020年第3号法律实施后对北苏拉威西省采矿的法律分析

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-06-30 DOI: 10.30984/jis.v19i1.1406

Hasyim Sofyan Lahilote

引用次数: 0

The Application of Article 53 of KHI (Islamic Law Compilation) Regarding Pregnant Marriage in Lottery Marriage 《伊斯兰教法汇编》第53条关于怀孕婚姻在彩票婚姻中的适用

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-06-30 DOI: 10.30984/JIS.V19I1.1453

Neng Eri Sofiana, Muhammad Ismail Sunni

{"title":"The Application of Article 53 of KHI (Islamic Law Compilation) Regarding Pregnant Marriage in Lottery Marriage","authors":"Neng Eri Sofiana, Muhammad Ismail Sunni","doi":"10.30984/JIS.V19I1.1453","DOIUrl":"https://doi.org/10.30984/JIS.V19I1.1453","url":null,"abstract":"Pregnant marriagebecomes a phenomenon that is still happening in Indonesia and is even one of the most significant contributors to the reason for the dispensation of marriage. In Parangdistrict, Magetan Regency, pregnant marriage is also one of the solutionsfor a case in which many women get pregnant without a legal marriage. Pregnancies were not initiated from sexual intercourse between a man and a woman but were carried out by many men, so the model of determination was by lottery. Furthermore, this article will analyze the pregnant woman who is married to a man who does not impregnate her and the child's status according to article 53 of KHI. In article 53 KHI, no line explicitly explains the permissibility or prohibition of a pregnant woman to marry a man who does not impregnate her. Still, many interpret that this is not allowed.Meanwhile, a legitimate child in KHI is a child born during a legal bond. So, when DNA testing proof or the like is not done to see the legality of the child, then this child is still considered a legitimate child by both of them because they were born in a marriage bond. In sum, a pregnant marriage in a lottery marriage with a man who does not impregnate the woman has many sides of ambiguity. So, there must be a revision of article 53 and article 99 of KHI.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125468195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Radicalism Prevention Policy in State Islamic Religious Universities in South Sulawesi: An Overview of Maqasid Syari'ah 南苏拉威西州州立伊斯兰宗教大学的激进主义预防政策:马卡西德·叙里亚综述

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-06-30 DOI: 10.30984/jis.v19i1.1180

Lukman Arake, Ismail Keri, Syawaluddin Hanafi

{"title":"The Radicalism Prevention Policy in State Islamic Religious Universities in South Sulawesi: An Overview of Maqasid Syari'ah","authors":"Lukman Arake, Ismail Keri, Syawaluddin Hanafi","doi":"10.30984/jis.v19i1.1180","DOIUrl":"https://doi.org/10.30984/jis.v19i1.1180","url":null,"abstract":" This study aims to raise the perspective of Islamic law on the policy of preventing radicalism at PTKIN in South Sulawesi, which is by dharuriyyat al-khamsah in maqasid shari'ah. This research is qualitative research with a maqasid sharia approach with data collection methods obtained through documentation and interviews. The results of this study found that; First, The stipulation of the Chancellor's Decree regarding the ethics committee and appointing several lecturers from the leadership element, as well as the involvement of senior lecturers providing an understanding of peace and Islam as a religion of rahmatan lilalamin, then supervising academic activities, having strict, active, and consistent duties in carrying out ethics committee sessions, considered capable of preventing radically oriented behaviour. Second, build the image of the campus as a centre for Islamic studies and Bugis culture. Third, to provide room for discussion, both through seminars and face-to-face, especially with students exposed to radicalism. Fourth, make a study of Religious Deradicalization, which aims to prevent radicalism and strengthen religious moderation. When viewed from the perspective of maqaṣhid shari'ah, some of these efforts in preventing radicalism in several PTKIN in South Sulawesi are very important to determine as the main factor in efforts to deradicalize religion and also religious moderation. As relevant to the values of maqaṣhid shari'ah, which uses some of its features, namely universality, the interplay of hierarchies, and openness (freedom of the academic pulpit).","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116010900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Study on the Causes of Inaccuracy of Qibla Direction of the Great Mosque Baitul Makmur West Aceh 西亚齐拜图尔·马克穆尔大清真寺齐布拉方向不准的原因研究

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-06-30 DOI: 10.30984/jis.v19i1.1315

Riza Afrian Mustaqim, R. Akbar

{"title":"Study on the Causes of Inaccuracy of Qibla Direction of the Great Mosque Baitul Makmur West Aceh","authors":"Riza Afrian Mustaqim, R. Akbar","doi":"10.30984/jis.v19i1.1315","DOIUrl":"https://doi.org/10.30984/jis.v19i1.1315","url":null,"abstract":"The accuracy of the Qibla direction at the Baitul Makmur Great Mosque in West Aceh cannot tolerate. The reason is that the value of deviation is so high that it does not face ainul ka'bah or even jihatul ka'bah. This Qiblah direction is not by the minimum limit of tolerance for the variation of the Qibla direction and is not by the Islamic legal status. This study examines the causes of the inaccuracy of the Qibla of the Great Mosque of Baitul Makmur Meulaboh West Aceh, namely the lack of role of figures and efforts to maintain the architecture of the mosque building. This research belongs to qualitative field research, by verifying the direction of the Qiblah with the rashdul qibla method and google earth observation to explore causes of inaccuracy. Interview techniques are also used to obtain in-depth field data. The analysis technique used is descriptive analysis. This study indicates that the inaccuracy of the Qibla direction of the Baitul Makmur Great Mosque in West Aceh is inseparable from the minor role of religious figures and leaders at the beginning of the Mosque's construction. Until now, the direction of the Mosque's Qiblah is still parallel to the mihrab. Renovations were also not carried out because of maintaining the architecture of the mosque building. Renovation of the mosque building to calibrate the Qibla direction would reduce the aesthetics of the mosque building.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124891426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Implementation of the Application of Multi Akad Murabahah and Rahn in the Mulia Metal Products in the Sharia Pawnshops City of Singkawang Islamic Law Perspective Multi Akad Murabahah和Rahn在新加坡卡旺市伊斯兰典当行的Mulia金属制品中的应用

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-06-30 DOI: 10.30984/jis.v19i1.1190

Z. Arifin, Hatoli Hatoli

{"title":"Implementation of the Application of Multi Akad Murabahah and Rahn in the Mulia Metal Products in the Sharia Pawnshops City of Singkawang Islamic Law Perspective","authors":"Z. Arifin, Hatoli Hatoli","doi":"10.30984/jis.v19i1.1190","DOIUrl":"https://doi.org/10.30984/jis.v19i1.1190","url":null,"abstract":"The juridical operation of any sharia-based financial institution must refer to the DSN-MUI fatwa, including the multi-contract issue or better known as a hybrid contract, where has mandated by Law No. 21 of 2008 concerning Islamic Banking Article 26 paragraph (2). Two multi-contracts are permitted by the DSN-MUI in the fatwa, namely Fatwa No. 71 of 2008 concerning Sale and Lease Back and Fatwa No. 72 Years. 2008 on Ijarah Sale and Back. However, PT. Pegadaian (Persero) Alianyang Singkawang Sharia Service Unit has carried out multiple contracts (murabahah and Rahn) since the last 6 (six) years on Murabahah Logam Mulia Abadi Investment (MULIA) products for non-cash Financing of gold. There is no fatwa from DSN- MUI, so that raises doubts about the guarantee of the quality of the product. So it is essential to study how the MULIA product contract system uses the murabahah and Rahn contracts from the perspective of sharia economic law. This research is descriptive qualitative research that deepens by conducting direct interviews with the parties involved in implementing multi-murabahah and Rahn contracts. This research completed in 2019. The sources of data in this study are the leadership and staff at the Singkawang sharia pawnshop, then customers who use multi-contract product services at the Singkawang sharia pawnshop. The results of the study concluded that the application of multi-murabahah and Rahn contracts on precious metal products at PT. Pegadaian (Persero) Alianyang Singkawang Sharia Service Unit, as stipulated in Law No. 21 of 2008 concerning sharia banking, has been implemented on this product. Therefore, in the view of sharia economic law, it is permissible and justified because the system refers to the DSN-MUI fatwa No. 92 of 2014 concerning Financing that accompanied by Rahn and becomes the basis for the use of multiple contracts.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133886872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Lifestyle and Halal Industry Methods with Local Culture: Study of Tourism and Halal Products in Nusa Tenggara Timur 2020 当地文化的生活方式和清真产业方法:努沙登加拉铁木尔旅游和清真产品研究2020

Jurnal Ilmiah Al-Syir'ah Pub Date : 2021-06-30 DOI: 10.30984/jis.v19i1.1210

Ahmad Bahiej, M. Munajat, Diky Faqih Maulana

{"title":"The Lifestyle and Halal Industry Methods with Local Culture: Study of Tourism and Halal Products in Nusa Tenggara Timur 2020","authors":"Ahmad Bahiej, M. Munajat, Diky Faqih Maulana","doi":"10.30984/jis.v19i1.1210","DOIUrl":"https://doi.org/10.30984/jis.v19i1.1210","url":null,"abstract":"The development of the tourism industry based on sharia principles has begun to attract the attention of Muslim tourists in various regions, so it needs to manage seriously and professionally. For example, in Labuan Bajo, Nusa Tenggara Timur is designated one of the four priority tourist destinations. So it is necessary to pay attention to the phenomenon that continues to develop at this time both at the local and global level, which makes halal tourism destinations a new alternative for the Muslim community to travel. This research is qualitative research with field studies and uses a legal and juridical sociology approach. By referring to several methods for conducting ijtihad, both individually and collectively, as is done by DSN-MUI with the concept of maslahah mursalah, istihsan or 'urf. The results of the study state that halal tourism is a development that cannot deny. This new concept has a benchmark as stated by the DSN-MUI with the principle of the United Nations provisions. Tourists in halal tourism not limited by differences in ethnicity, religion, race, and between groups. If there are restrictions, it is counterproductive or contrary to the essential nature of Islamic teachings that oriented to rahmatan lil 'alamin. So the halal tourism industry is an expression of the teachings of rahmatan lil 'alamin and a vehicle for friendship between people who are different in various aspects. It hope that halal tourism can develop to meet the needs of Muslim tourists so that they do not only visit conventional tourism, thus creating benefits.","PeriodicalId":269372,"journal":{"name":"Jurnal Ilmiah Al-Syir'ah","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114883881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1