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All Journal Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo Madura Al-Mustashfa TSAQAFAH Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum JURIS (Jurnal Ilmiah Syariah) Jurnal Integrasi Ilmu Syariah (Jisrah)
Irma Suryani
Universitas Islam Negeri Mahmud Yunus Batusangkar, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Settlement of Pusako-Tinggi Property Disputes in Nagari Sungai Tarab Dodon Alfiander; Ikhsan Azhari; Irma Suryani
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 1 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (949.271 KB) | DOI: 10.32694/qst.v20i1.1140

Abstract

This article examines the decision of the Batusangkar District Court Number 09/Pdt.G/2013 which authorizes the Nagari Adat Density (KAN) of Sungai Tarab to resolve disputes over the division of pusako-tinggi assets, while KAN does not yet have a clear norm regarding it. This study aims to see how KAN accepts the delegation of authority, then resolves disputes in its customary territory with all its implications. This study was conducted qualitatively and presented descriptively. Data obtained through interviews and documentation. This paper explains that the division of the pusako-tinggi assets by KAN Sungai Tarab is carried out with a consensus mechanism by niniak mamak and alim ulama, so that their decisions do not conflict with Islamic law. The status of the pusako-tinggi property is decided to remain in the ownership of the clan, except for parts that have been certified and have changed status to become the private property of clan members. This decision has a positive impact in the form of more clarity on the management and ownership of the people of property. While the negative impact is triggering members of other clans to demand a similar pattern of inheritance distribution, as well as efforts to disgrace each other to fight over inheritance.
Integration of Islamic Law in Regional Development in Indonesia Irma Suryani; Mohamad Hidayat Muhtar; Yogi Muhammad Rahman; Belardo Prasetya Mega Jaya; Awad Al Khalaf
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8770

Abstract

Indonesia has introduced Islamic-based development programs, but challenges such as different interpretations, incompatibility between Islamic law and the national legal system, political influence, and the integration of Islamic values in sustainable development continue to hinder the implementation of Islamic legal approaches in regional development. This study aims to analyze the integration of Islamic legal concepts in regional development from an economic, social, political and environmental perspective and to identify concrete policies or programs that can be implemented to apply a holistic and sustainable approach to Islamic law in regional development. This research is categorized as normative legal research using primary and secondary legal materials in statutory and library documents (books, journals, reports and internet sources) and analyzed using a philosophical and analytic approach. According to the findings, the problem can be solved by creating an Islamic-based development program that considers economic, social, political, and environmental factors and guarantees the program's sustainability. Increasing community participation and involvement in the planning and implementing Islamic-based development programs and strengthening oversight of the use of funds and the environmental impact of development activities are possible solutions. Based on the findings of this research, it is recommended that a microfinance initiative based on Islamic principles be established in the area. Integrating Islamic principles and considering Indonesia's social diversity are prerequisites for the success of an Islamic legal approach to regional development.
PEMBAYARAN DENDA ADAT PENYELENGGARAAN JENAZAH DATUAK (STUDI KASUS NAGARI TANJUANG BARULAK KECAMATAN BATIPUH KABUPATEN TANAH DATAR) Yolanda Putri; Irma Suryani
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9390

Abstract

In this problem is how the process, paying customary fines for organizing Datuak's funeral and what is the view of Islamic law regarding the delay and payment of fines for organizing Datuak's funeral in Nagari Tanjuang Barulak. This type of research is field research. From the results i found first, if the people could not get a replacement for Datuak's body for 24 hours then their people had to pay the customary fines of the cabiak siriah and if their people did not want to delay the burial of Datuak's body or did not want to wait until they could get a replacement for 24 hours then their people had to pay the customary fine of cabiak siriah is 2x the amount that has been determined. Second, the payment cabiak siriah fines is paid when the batagak penghulu is held with different nominal payment provisions at each Datuak level. Third, in the view of Islamic law that the postponement of holding Datuak's funeral and the payment of customary fines for holding Datuak's funeral is not recommended by the religion which has been explained in the hadith, for this reason these customs do not meet the requirements of 'urf shahih
IMPLEMENTASI ASAS TADARRUJ DALAM KONVERSI BANK KONVENSIONAL MENJADI BANK SYARIAH Mu'tashim Billah; Vivi Rahma; Abdul Mughits; Irma Suryani
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol 8, No 1 (2023)
Publisher : IAIN Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v8i1.11901

Abstract

AbstractThe efforts to implement Islamic sharia in Indonesia are entering a new phase. This effort can be seen clearly in the trend of the conversion of conventional banks toward Islamic banks. However, there is one thing that hinders this conversion process, namely the status of conventional bank capital which is also converted into Islamic bank capital. This article attempts to describe the problems of the conversion of conventional banks toward Islamic banks. This article is a literature research with a qualitative approach. The method used in this article is normative-juridical by utilizing the concept of tadarruj in the principle of application of Islamic law as an analytical tool. This article argues that conversion is one of several mechanisms for changing a conventional banking institution into an Islamic bank accompanied by a change in the conventional management system into a sharia system. In the conversion process, all conventional bank transactions are converted into transactions with sharia nuances. This change in contract only has implications for the principal of the contract, without including the margin and interest that are characteristic of conventional banks.Keywords: the conversion; conventional bank; islamic bank; tadarruj
ISLAMIC LAW IN THE CONSTITUTION OF INDONESIA (a Study of Characteristics Sharia Local Regulations) Mohamad Hidayat Muhtar; Nur Mohamad Kasim; Irma Suryani
TSAQAFAH Vol. 19 No. 1 (2023): Tsaqafah Jurnal Peradaban Islam
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v19i1.8717

Abstract

Indonesia’s constitutional law embodies the ideals of Islamic law, guaranteeing the right to religion and worship in Article 29 of the 1945 Constitution. Local Sharia regulations, known as Sharia Perda, are one manifestation of this ideal. However, Sharia Perda is not without problems, such as discrimination and exclusivity towards non-Muslims and limitations on women’s freedom. This research aims to identify the main characteristics of Sharia Perda and discuss its compatibility with constitutional law. The research employs a normative juridical approach, analyzing relevant laws and regulations, and using the legal hermeneutic method to interpret their meaning and philosophy. Sharia Perda has two main characteristics: Sharia compliance and local speciƶcity. However, its implementation has resulted in controversies and conǁicts, such as the prohibition of alcohol and criminalization of pre-marital sex. These controversies arise from the tension between Islamic law principles and constitutional law, particularly regarding individual rights and freedoms. This study contributes to the discussion of the compatibility of Islamic law and constitutional law, highlighting the need to address the problems of Sharia Perda, particularly the limitations on women’s freedom and discrimination towards non-Muslims.
Co-Authors Abdul Mughits Awad Al Khalaf Billah, Mutasim Dodon Alfiander Febriyanti Febriyanti Ikhsan Azhari Jaya, Belardo Prasetya Mega Khairina Khairina M Azif Martua Martua Mohamad Hidayat Muhtar Nada Prastika Fadillah Nofrizal Nofrizal Nur Mohamad Kasim Puja Hardina Ulfi Febrianti Vivi Rahma Yogi Muhammad Rahman Yolanda Putri Zainuddin Zainuddin