Indonesian Journal of Shariah and Justice
The Indonesian Journal of Shariah and Justice (IJSJ) welcomes strong evidence-based empirical studies and results-focused case studies that share research in product development and clarify best practices. The journal is the only title aiming to give an interdisciplinary and holistic view on Shariah or Islamic Law. The title is also keen to consider work from emerging authors. The scope of this journal includes Islamic law, Islamic family law, Islamic economy, maqashid shariah, anthropology of law, sociology of law, anthropology and sociology of Islamic economy.
Articles
30 Documents
<![CDATA[Ahli Waris Pengganti Di Indonesia Dengan Historisitasnya ]]>
<![CDATA[Muhamad Sauki Alhabsyi]]>;
<![CDATA[Syahrul Mubarak Subeitan]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i1.1
<![CDATA[The case of inherition is one of the areas specifically regulated in Islamic law, both the determination of who is entitled (dzawil furudh, ashabah, and dzawil arham) and the details of the number of divisions in the Qur'an. However, with the times came problems and issues of "contemporary" heirs including the issue of replacement heirs. In the books of fiqh or books written by Islamic jurists do not recognize the designation of a replacement heir or the change of position of a replacement heir (plaatvervulling) as mentioned in Article 185 compilation of Islamic law. This is a deconstruction of public opinion in Islamic inherited law. This research then highlights the historical aspect of the presence of Surrogate Heirs in inheritance law in Indonesia, using a library research model with historical deepening of the application of a law.]]>
<![CDATA[Menakar Fungsi Izin Dan Mediasi Pada Sengketa Perceraian Di Kalangan Pegawai Negeri Sipil Kota Mataram Dari Tahun 2010-2020 ]]>
<![CDATA[Muhammad Idrus]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i1.2
<![CDATA[Divorce is one of the events in a marriage that is religiously possible. For Muslims the case of divorce is halal but hated by "Allah SWT". For Civil Servants (PNS) Divorce can be done by the mechanism that has been regulated in the Law. One of them is the permit obtained and the stage of mediation that must be done, but in practice there are still many technical obstacles related to the implementation of divorce permits for civil servants, this is certainly a concern for many parties. This research then examines the function of permits and mediation in divorce disputes among civil servants, although the purpose of the required divorce permit is actually in order to complicate (prevent) the occurrence of divorce in the scope of civil servants, this study examines divorce permits and mediation stages for civil servants who are divorced in Mataram city from 2010-2020. By using qualitative methods combined with normative studies.]]>
<![CDATA[Pembatalan Izin Poligami di Pengadilan Tinggi Agama Maluku Utara ]]>
<![CDATA[Rugaya Alkatiri]]>;
<![CDATA[Abu Sanmas]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i1.3
<![CDATA[This study was conducted to Analyze and Correct the verdict No: 41/Pdt.G/2007/PA. Tte and Verdict No: 12/Pdt.G/2007/PTA. MU, which is the consideration of the Judges of the Ternate Religious Court and the North Maluku Religious High Court against the Verdict on polygamy permit cases that occurred in North Maluku Province. The Research Method used is Literature Research, namely: Activities to obtain Information relevant to the Consideration of judges of the Ternate Religious Court and the North Maluku Religious High Court against the ruling of polygamy permit cases. The result of this study is that the case of the Polygamy Permit Application filed by the F.A. who is domiciled as the Applicant, where the Judge in the First Level looks at the Sitting Case and Its Legal Considerations, so that the Panel of Judges in the First Level Court granted the Polygamy Permit Application. While at the Court of Appeal filed by M.A. who is domiciled as the Respondent at the First Level, but in the Appeal Level M.A domiciled as a Comparison, but in the Decision of the Panel of Judges at the Appeal Level by looking at the Sitting Case and Legal Considerations that the Verdict at the First Level is not acceptable on the grounds that the polygamy application case is a Case that is Voluntair (unilateral) not Contentiosa (has opponents where The existence of the Respondent, the First Wife) then the case is considered Obscur Libel (Escape), because the Lawyer does not include the name of the Prospective Wife of the Applicant orbanding in the contents of the Application at the First Level and on the Counter Memory Appeal so that the Panel of Judges decides the Case is unacceptable.]]>
<![CDATA[Batal Demi Hukum: Poligami Tanpa Persetujuan Isteri: Studi Kasus POLDA Provinsi Maluku Utara ]]>
<![CDATA[Muhammad Zaber Wahid]]>;
<![CDATA[Baharuddin Hi. M.A Hi. Abdullah]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i1.4
<![CDATA[Marriage Law in Indonesia adheres to the principle of Monogamy. That is, a husband can only have a wife. But in the applicable law, polygamy is possible on several conditions including a wife's license and authorized by the court. In practice, many polygamy practices carried out without the wife's knowledge are even done "sirri" or nikah under the hands. This research aims to analyze the practice of polygamy without the consent of one party in the perspective of civil law and Islamic law in the city of Ternate, how the legal settlement of marriage cases without the consent of one party in the North Maluku police and the religious court of Ternate city, the purpose of the study to analyze marriage (Polygamy) without the consent of either party in the perspective of Civil Law and Islamic Law. This research uses a type of skinative research with an analytical descriptive model which is then combined with normative studies. The study found that marriages (polygamy) performed without the first wife's knowledge were said to be null and void because they did not meet the elements set by law and courts.]]>
<![CDATA[Membaca Undang-Undang Nomor 44 Tahun 2008 Tentang Pornografi dari Perspektif Sosiologi Hukum ]]>
<![CDATA[Murdan Murdan]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i1.5
<![CDATA[As a society known for its rich tribes, cultures, enis, groups, languages, islands, and so on, it is natural that Indonesia is said to be one of the countries on the world's most multicultural planet. The passing of Law No. 44 of 2008 on Pornography as a hard success among Islamism penetrated the national legislation of Indonesia. As a result, the group of people who disagreed and disagreed with the passage of Law No. 44 of 2008 made various resistance efforts to overturn the Law. The resistance they make from protests through demonstration movements, politics, economics, to efforts to take legal routes. As a result, to this day the Law is only as a documentation of Indonesia's national legislation, and almost no longer gets the attention of the public and law enforcement in Indonesia. In connection with that, this paper will read the existence of Law No. 44 of 2008 on Pornography in the perspective of legal sociology, both in the discussion of legal science in general and in discussions of Islamic-Sharia law.]]>
<![CDATA[Efektivitas Pelaksanaan Mediasi Di Masa Pandemi Dalam Menekan Jumlah Angka Perceraian: Studi Kasus Pengadilan Agama Serang ]]>
<![CDATA[Ahmad Harisul Miftah]]>;
<![CDATA[Nurul Fauzi]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 1 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i1.6
<![CDATA[The rise of divorce rates is getting higher and continues to grow especially in pandemic times like this, one of which is due to economic factors. However, the divorce case must be in accordance with the mandate of Perma No.1 of 2016 which states the importance of mediation. The formulation of the problems in this study is: How is the implementation of mediation in the pandemic period in the settlement of divorce cases in the Serang Religious Court?, How is the role of mediator judges in reconciling and reducing the number of divorce rates during the pandemic in the Serang Religious Court?, and What are the obstacles faced by mediator judges in reconciling divorce cases during pandemics in the Serang Religious Court?. The conclusion of this study is that the procedure for the implementation of mediation in the Serang Religious Court is in accordance with Perma No.1 of 2016 on Mediation Procedures in Court and also implements health protocols in accordance with Presidential Instruction No. 6 of 2020 on Improving Discipline and Law Enforcement of Health Protocols in the Prevention and Control of Corona Virus Disease 2019, and mediator judges play an important role in reconciling and suppressing the number of divorces. This can be seen in the mediation report. The obstacles faced by mediator judges consist of several factors. Starting from the factors of divorce cases, litigated parties and factors from the mediator itself.]]>
<![CDATA[TAUSIYAH PENDAKWAH DI YOUTUBE MENGENAI NIKAH SIRRI: INTERPRETASI DAN PENGAITAN HUKUM ]]>
<![CDATA[Kholifatun Nur Mustofa]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 2 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i2.7
<![CDATA[Youtube is one of the means to spread preaching tausiyah; through Youtube, people can access tausiyah anytime and anywhere. One of the discussions offered was a lecture delivered by Mamah Dedeh and Ustadz Abdul Somad (UAS) about sirri marriage. The author uses the two preachers to focus the discussion and theme. First, the author uses YouTube as a research source. Then this paper focuses on discussing how the preacher interprets the sirri marriage. Do tausiyah Mamah Dedeh and UAS convey sirri marriage by linking Islamic law and state law? The results of the author's search, Mamah Dedeh understands that the context of sirri marriages being carried out today is different from the sirri marriages applied by the prophet, sirri marriages carried out by the community today are marriages that are carried out secretly, even the conditions of marriage are not all fulfilled. So the marriage is invalid because it does not meet the requirements. Regarding the delivery of a lecture linking state law and Islamic law, Mamah Dedeh was firm in conveying that a marriage that meets the pillars and conditions is not enough. He emphasized that in Indonesia, there are regulations regarding the registration of marriages that protect women. Meanwhile, UAS does not link state law and Islamic law. UAS advises not to do unregistered marriages because there are many harmful effects for women.]]>
<![CDATA[Efektifitas Manajemen Penghimpunan Zakat Pada Badan Amil Zakat Nasional (BAZNAS) Kota Ternate ]]>
<![CDATA[Maskur Sapsuha]]>;
<![CDATA[Basaria Nainggolan]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 2 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i2.8
<![CDATA[The Effectiveness of Zakat Collection Management at the National Amil Zakat Agency (BAZNAS) of Ternate City-This study aims to analyze the effectiveness of the management of zakat fund collection carried out by the amil zakat agency. The National Amil Zakat Agency (BAZNAS) is a state institution authorized to administer (collect) zakat, infaq, and shodaqoh. The BAZNAS Ternate collects zakat from Civil Servants in the Ternate City Government. However, the realization of the collection of zakat from civil servants has not been effective, as indicated by the low amount of zakat collected from civil servants. Qualitative field research method with primary data is interviews with BAZNAS Ternate commissioners and secondary data documents relevant to the management of zakat fund collection in BAZNAS Ternate city. The results of the study stated that the management of zakat collection was less effective because of the weakness of the prospective muzakki outreach strategy, inappropriate socialization methods, and lack of publicity.]]>
<![CDATA[KONSEP KEPERAWANAN TERHADAP PEMBATALAN PERKAWINAN TIJAUAN HUKUM ISLAM DAN FEMINISME ]]>
<![CDATA[Nada Putri Rohana]]>;
<![CDATA[Mustafid Mustafid]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 2 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i2.9
<![CDATA[Virginity in fact has a variety of concepts, namely in Indonesia the concept of female virginity is that the blood membrane or hymen is still intact or a virgin concept in the presence of virgin blood. The concept is considered urgent in marriage so that it causes harassment which can disrupt the integrity and harmony of the household. The concept of virginity can be a syiqaq (disputes / disputes) so that stigma arises as reasons for canceling marriages. Regarding the cancellation of vulnerable marriages related to this issue is associated with KHI Article 72 paragraph (2), then about thereasons or reasons for divorce in KHI Article 116 letter f. This research shows that the concept of virginity undergoes a complex and sensitive evolution of law in social, cultural and religious life even in the household. The concept of virginity towards the annulment of marriage in the perspective of Islamic law and feminism presents causation, namely: (hifdz al-din) nurturing religion (by rectifying intentions in marriage and adding faith in oneself and soul to earnest in the purpose of marriage), (hifdz al-nafs ) nurturing oneself (the prohibition of approaching adultery,and the necessity of guarding the genitals and the view and prohibition of insulting the partner with allegations of dzolim), (hifdz al-nas / irdl) maintaining offspring and honor (by guarding and understanding the rules in marriage related to rights and obligations), (hifdz al-mal) preserves property (that the woman is jewelry, is clothing for the husband, vice versa, is the field for the husband, is the property and honor of the husband so that it must be safeguarded by disgrace), and (hifdz al -'aql) maintains the mind (the necessity to study as a means for men or women to open their mindset in understanding the life of the pern ikahan is a matter of sexual relations, needs healthy sexual education in order to avoid stigma or suspicion or anxiety that disrupts domestic life). Thus, it can control people's lives in accordance with the legal concept in order to rectify stigma speculation.]]>
<![CDATA[MODEL PENYELESAIAN SENGKETA WARIS DALAM MASYARAKAT ACEH ]]>
<![CDATA[Sayuthi Sayuthi]]>;
<![CDATA[Dedy Sumardi]]>
<![CDATA[ Indonesian Journal of Shariah and Justice Vol. 1 No. 2 (2021) ]]>
Publisher : <![CDATA[Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate ]]>
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DOI: 10.46339/ijsj.v1i2.10
<![CDATA[This article analyzes the models of the application of the theory of the inheritance dispute resolution in Bireuen community, Aceh. The inheritance dispute resolution in Aceh is not always done through the litigation system, but can also be done through non-litigation channels. This study is limited to the practice of the application of the alternative dispute resolution theories that took place in Bireuen community, Aceh, and describes the tendency of the Bireuen community to choose to resolve the inheritance disputes through the gampoeng justice system. The field data collection was carried out by observing the practice of dispute resolution in the community, and in-depth interviews with village officials and the disputing parties. The results show that the Bireuen community, Aceh tends to use the theory of negotiation, conciliation and facilitation through the customary justice system, namely the gampoeng court and the mukim court. Both of the gampoeng justice systems prioritize peaceful efforts and ensure privacy between family members. This principle is a consideration for the Bireuen community, Aceh chooses to resolve the inheritance disputes following the customary justice system compared to the official state justice system as a characteristic of the modern justice system implemented by the nation state.]]>
