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Journal : JURIS (Jurnal Ilmiah Syariah)

IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015 PADA PENGADILAN AGAMA SAWAHLUNTO Muhammad Farhan; Eficandra Eficandra; Roni Efendi
JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (830.001 KB) | DOI: 10.31958/juris.v19i2.2234

Abstract

The urgency of this research is to examine the implementation of the Supreme of the Court Circular Number 3 2015 on the addition of livelihoods for children from 10% to 20% per year. Since the determination Supreme of the Court Circular in the Family Court of Sawahlunto, in 2018 were 7 decisions have been made, 3 to applicated and 4 doesn’t. The inequality when considering the jury leads to three fundamental questions: What is the position of Supreme of the Court Circular in the concept of the positivist legal philosophy? What are the Judges considerations to implementing and not implementing Supreme of the Court Circular? Howabout the Islamic Law perspective to Supreme of the Court Circular in terms of adding child livelihood? To answer the object of research, the implementation Supreme of the Court Circular Family Court Sawahlunto is extensively examined as sociological/ empirical legal research. The results of this research philosophically Supreme of the Court Circular is a harmonization between Islamic law and positive law, on the condition that Supreme of the Court Circular offers the jury a guarantee of legal certainty when deciding on the addition of a child. Consideration of the jury in the implementation of Supreme of the Court Circular to ensure that children's livelihoods are met in terms of economic needs that further improve and maintain descendant relationships for those who do not implement Supreme of the Court Circular due to the limited ability of their fathers. Supreme of the Court Circular’s perspective on Islamic law regarding the addition of a child at 10% to 20% per year is relevant to the problem of the Maslahah Mursalah, which is to maintain hereditary relationships.
The Reconstruction of High-Inherited Wealth in Minangkabau through Cash Waqf Movement Eficandra Eficandra
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (658.838 KB) | DOI: 10.31958/juris.v21i1.5850

Abstract

The development and demands of modern life results in the decrease of role and existence of high-inherited wealth in Minangkabau. This fact requires a reconstruction of the development of high-inherited wealth in Minangkabau. One of them is through cash waqf movement which is an alternative in developing and empowering the people’s economy. This paper aims at explaining the reconstruction of high-inherited wealth in Minangkabau through the cash waqf movement. This study tried to offer solutions and alternatives in restoring the role and existence of high-inherited wealth in Minangkabau through the cash waqf movement. By using a qualitative approach, this study found that the cash waqf movement can restore the role and position of high-inherited wealth in Minangkabau in the following forms; first, returning or reclaiming the pawned assets and increase the number of assets through the cash waqf movement from all members of the tribe or clan. Second, striving for the legality of these assets by changing the certificate into waqf property. Third, managing the high-inherited assets productively and share the profits for the economic needs and welfare of the people or tribe. Assets management and development through the cash waqf movement can be used as a model for other communities, especially the Minangkabau community in managing people’s or tribal assets and improving the welfare of the people.
Al-Qarḍ al-Ḥasan Program of Bankziska: Zakat Fund-Based Empowerment Model for Victims of Loan Sharks Iza Hanifuddin; Nur Kasanah; Eficandra Eficandra
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.10799

Abstract

This research aimed at analyzing the effectiveness of the Bankziska program in empowering victims of loan sharks through the al-Qarḍ al-Ḥasan contract funded by zakat, administered by the Amil Zakat Infaq and Shadaqah of Muhammadiyah Institutions. Qualitative method was used in this research with a phenomenological approach using the activity data from the Amil Zakat Infaq and Shadaqah of Muhammadiyah Institutions in empowering loan shark victims through the Bankziska program. The data sources were obtained from managers, volunteers, and loan shark victims who were the partners of Bankziska. The research results showed that the reasons for the Amil Zakat Infaq and Shadaqah of Muhammadiyah Institutions to lend zakat funds were the references from fiqh and fatwa, training studies, organizational encouragement, academic input, and it is easy to implement. The implementation of the Bankziska program had detailed standard operating procedures, starting from the beneficiary categories, distribution, and payment processes, to mitigating the risk of default. The al-Qarḍ al-Ḥasan program of Bankziska had an impact on improving the quality of skills, mental, intellectual, technological, communication, and religious studies of managers and volunteers. The impact of the program for partners was the awareness to abandon usury, reduced debt both in nominal terms and the number of loan sharks and an increase in the ethos of economic independence. This research contributes to providing discourse and alternatives for other social and religious fund management institutions in using zakat funds productively for economic empowerment through the al-Qarḍ al-Ḥasan contract for victims of loan sharks who have difficulty accessing Sharia financial institutions to obtain business capital or financing services.