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Syariah: Jurnal Hukum dan Pemikiran
Published by Universitas Islam Negeri Antasari Banjarmasin
ISSN : 14126303     EISSN : 2549001X     DOI : 10.18592/sjhp.v22i1.4843
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Syariah specializes on Law and Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol 24 No 1 (2024)" : 15 Documents clear
ANALISIS TERHADAP PERKEMBANGAN DAN KONSEP FIKIH LINGKUNGAN DALAM KITAB ULAMA BANJAR Sukarni, Sukarni; bin Mahmud, Hafini
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.12906

Abstract

This research is motivated by the increasing importance of seeking efforts for environmental safety as the main support for human survival. The aspect of religious thought (fiqh) is one of them. The Banjar people, especially those who live in South Kalimantan, as the land of Mecca's verandas, the land of a thousand mosques, and the city of Islamic students, have undoubtedly given birth to many works of Islamic legal thought. Based on the results of the search, in the books of Banjar Islamic jurisprudence from the XVIII, XIX and XX centuries AD, there are 10 books by Banjar Islamic scholars, of which the 10 (ten) Banjar Islamic jurisprudence books mostly discuss muamalah, worship and law. So the research aims to analyze the development and concepts of environmental jurisprudence in the Islamic jurisprudence works of Banjar ulama in the contemporary era. The method used according to type is library research with a historical, hermeneutical and istinbath approach because the focus of the study in this research is environmental jurisprudence thinking on the jurisprudence of the work of Banjar ulama. The research results show that there are no books by South Kalimantan (Banjar) ulama that discuss environmental jurisprudence. The works of this banjar cleric include the Books of Sabilal Muhtadin, Parukunan Jamaluddin, USSA, Parukunan Melayu Besar, Asrar as-Salat, Risalat Rasam Parukunan, Mabadi Ilmu Fiqh, Risâlah Mu'âmalât, Is'af al-Haidh book, and Tangga Ibadah. From several of these books, it can be seen that the development of the concept of environmental jurisprudence is not yet visible. The jurisprudential aspect of worship dominates the discussion pages. Water issues and agricultural land conservation (environmental aspects) have been discussed in several books, but the descriptions have not shown positive developments.
REAKTUALISASI PRINSIP MASLAHAT DAN KEADILAN SOSIAL DALAM KONTEKSTUALISASI FIKIH ZAKAT Rahmat Hakim, Budi; Nafi, Muhammad; Hidayatullah, Hidayatullah; Herlinawati, Herlinawati
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.12909

Abstract

As a text, Muslims agree that zakat is a pillar and ritual of Islam that every Muslim is obligated to perform. Nevertheless, as a form of text-ritual, zakat will always be contextualized. He is always tied to the culture of the community where the zakat ritual is performed. That is, the implementation of zakat is very likely to vary, depending on how the meaning of zakat is interpreted and reinterpreted by local communities. The law of zakat is different from other laws of worship, because the nature of the law at this level is flexible, dynamic and elastic in accordance with the development and needs of society (mu'amalah ijtima'iyyah) which is based on normative passages that are general and zanniyyah. This paper seeks to analyze and find applicative ideas about the theory of maslahat and social justice in various concepts of contemporary scholarly thought to then be correlated with the formulation of the development of ijtihad zakat based on maslahat and justice. A number of relevant references are used as sources as well as material for conducting critical analysis with a qualitative descriptive approach so that it can be emphasized the building of ideas and strategic steps to make zakat an Islamic social system that not only touches the question of creed alone, but also the socio-economic welfare of the community as well as the great purpose of zakat sharia.
Penundaan Pembagian Waris: Suatu Tinjauan Teoretis dalam Kerangka Sistem Hukum di Indonesia Maimanah, Maimanah; al-Amruzy, M. Fahmi; Arni, Arni; Faridah, Siti
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.12916

Abstract

Delays in the distribution of inheritance are common in the Banjar community, and these delays in the distribution of inheritance cause various problems, ranging from conflicts between heirs that cause family relationships to break down, neglected inheritance, to litigation between families in court. This paper intends to scrutinize why this delay in inheritance distribution occurs. To answer this, the author discusses it in the perspective of Laurence M. Friedman's Legal System Theory, this research uses qualitative research methods in the form of empirical legal research. Data were obtained through in-depth interviews and observations, then analyzed with interpretative descriptive analysis. From this research, it was found that the legal structure of delaying the distribution of inheritance, namely religious courts, judges, advocates and scholars do not have the authority to "force" the community to immediately distribute inheritance. The substance of the law, namely the Qur'an, al-Hadis, Fiqh books and the Compilation of Islamic Law as the source of inheritance law of the Banjar community does not explicitly state the time of distribution of inheritance, even this source of law they "abandon", customary inheritance law is the law that lives and becomes the legal culture of the community regarding the time of inheritance implementation, where for generations they have delayed the distribution of inheritance, distributing inheritance immediately is considered an unethical or uncivilized act.
Diskresi Peradilan dalam Penyelesaian Perkara Warisan: Menuju Keadilan Hukum Progresif di Indonesia Zaidah, Yusna
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.13012

Abstract

The results of the creativity of judges in conducting legal discovery with various methods allow for decisions that contain legal discretion in order to realize progressive legal justice. The presence of discretion to correct all weaknesses, independence is very important in the aspect of legal sources. Through in-depth research using normative legal studies on several decisions of the Religious Courts in South Kalimantan, it was found that a form of free discretion was found when the judge in the purification of the inheritance gave part of the inheritance through the establishment of a mandatory will for the ex-wife and justified the use of the inheritance for the payment of the spirit ritual debt. Such discretion of judges is categorized as ideal discretion because it is very progressive, where judges not only use normative interpretation but rather use sociological interpretation and connect the law with humanity, and morality.    
Sinergi Budaya Samin Dengan Fiqih Lingkungan di Jawa Tengah Subakir, Ahmad; Wakhidah, Nur; Muzainah, Gusti; Sadiani; Abdullah, Raihanah
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 1 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i1.13456

Abstract

This article explores the synergy between Samin culture and the concept of environmental fiqh in Central Java. This research employs qualitative methods, including in-depth observations, participatory observations, and documentation studies. This research seeks to provide a deeper insight into how local culture that has interacted with environmental fiqh can stop the plan to establish a cement factory as a pretext for national development. More specifically, this study uses the concepts of culture, ecology, and environmental fiqh to analyze the resistance of the Samin community to the plan to build the cement factory. The research findings show that the synergy of Samin culture with environmental fiqh was able to stop the plan to establish a cement factory on Mount Kendeng, Pati Regency, Central Java. This study offers a new perspective on formulating policies that are more inclusive and sustainable by strengthening the synergy between local culture and environmental fiqh principles.

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