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JURIS (Jurnal Ilmiah Syariah)

Juris
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Published by Institut Agama Islam Negeri Batusangkar

ISSN : 14126109 EISSN : 25802763 DOI : -

Core Subject : Economy, Education, Social,

Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

(ISSN Online: 2580-2763) was firstly published in 2002 by Jurusan Syariah (now is Fakultas Syariah) or Faculty of Shariah of State Institute for Islamic Studies Batusangkar. The journal is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of Shariah. The journal is published periodically twice a year, i.e., every June (first edition) and December (second edition).

Arjuna Subject : -

Articles 156 Documents

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PENARIKAN HARTA HIBAH OLEH ORANG TUA TERHADAP ANAKNYA Hamid, Azwar
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

Considering the love and affection of parents that have been given to their children, it can be humanly judged that if the parents take back (ruju’) the property that they have granted to their children, then this withdrawal may be justified. However, when speaking of Islamic laws, what are the regulations found in Islamic law concerning with ruju’? Is it legally permitted? Dealing with this issue, Islamic scholars have different opinions. This research was library research with descriptive analysis. After analyzing the opinions of Imam Syafi'i and Imam Abu Hanifah dealing with ruju’ which were suppoted with the reason of the two scholars, it can be concluded that the opinions of the two scholars can be used and carried out in accordance with the regulations that allow and forbid to withdraw the grant property.

TA’ARUF DAN KHITBAH SEBELUM PERKAWINAN Hamdi, Isnadul
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

This research was motivated by the number of potential married couples who do not perform Ta'aruf (islamic acquintance) process in accordance with Islamic teachings. In addition, there are still parents who tend to make economic and customary factors rather than religious ones. In the practice of khitbah, there are still customary rules that complicate that in turn prevent the marriage. The purpose of this research is to investigate information from the Qur'an about the concepts of Ta'aruf and Khitbah in accordance with Islamic teachings. This research was a library research which was done by collecting, reading, and reviewing books that have something to do with this discussion. The primary sources were the Qur'an and Tafsir related to the concept of Ta'aruf and Khitbah . The results of research showed that the concept of Ta'aruf in Al-Qur'an refers to being familiar with personality, social background, culture, education , family, and/or religion, while khitbah in Al-Qur'an refers to something which is done after the couple have felt they match through ta'aruf process. Khitbah (engagement) can be delivered with indirect or with a clear direct expression. Indirect engagement is done to the widow who is still in the iddah period. While the proposal with a direct expression is dcelivered to the widow who expired the period of iddah and to the virgin. Ta'aruf and khitbah in the Qur'an advocate to prioritize the religious aspect than any other factor since it is only religion that will be able to perpetuate marriage. In contrast, wealth, heredity, position and beauty will fade and one day will be lost. The Qur'anic rules on Ta'aruf and the Khitbah do not allow khalwat (solitary).

TRANSAKSI OBLIGASI SYARIAH (TINJAUAN TRANSAKSI OBLIGASI MENURUT PRINSIP-PRINSIP SYARIAH) Leli, Maisarah
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

One model of economic development in the era of globalization is the rapid development of capital markets in a country. Capital market is one form of alternative fundings for business development and possesses strategic place in the framework of national development, and investment facilities for investors who have excess funds. Many investors capitalize on the capital market to conduct investment portfolios of interest, and among the options used are bonds. Indonesia which applies dual system banking system realizes that instead of transactions originating from Conventional Financial Institutions, there are also ones in Sharia Financial Institutions. Basically, the the principle differences between the conventional economic system with the syari'ah economic system is the prohibition of transactions that use usury, which has been used by the Bank / Conventional Financial Institution. Syari'ah bonds are belived to be prospective, but their development is still hampered in technical problems and public understanding of this transaction. Less effective and efficient socialization and less familiarity of the people toward the profit and loss sharing transactions, or other sharia principles make people still think that Islamic bonds are the same as those of conventional. As a result the think that interest is identical weth profit sharing.

SUKUT AL-SYÂRI` DALAM PERSPEKTIF IMAM AL-SYATHIBY DAN KEHUJJAHANNYA DALAM IJTIHAD Ikhlas, Al; Wardevi, Riza; Wiza, Rahmi
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

Islam is a perfect religion and there is no Samawi religion after Islam. All laws are derived from alShari (AllahSwt) and this has covered all forms of human behavior. All these provisions are revealed to the Prophet Muhammad PBUH. So this makes Rasulullah PBUH as the main source in teaching syari `at. However, after Rasulullah PBUH past away there is no more revelations that come down to humans. This is the problem among Muslims. On that basis, Imam al-Syathiby gave birth to the concept of sukut al-Syari ' as one method of ijtihad in answering the absence of legal proof in Islam.

DISKRESI HAKIM DALAM MENETAPKAN HUKUM DI PENGADILAN AGAMA KELAS IB BATUSANGKAR Yunarti, Sri
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

So far the verdict courts made by Pengadilan Agama (PA/ Family Court) have been criticized for being too fixated on legal justice approaches and lack of attention to social justice approaches. This criticism demands that judge's understanding of the law holds to the spirit that underlies the formation of the law. The judge needs to use his or her authority to exercise legal discretion, using more moral rather than formal legal ideas. A judge must understand the law in the right contest and act as a creative lawyer. Discretion is the authority of the judge to decide cases with more consideration of the senseof justice, public interest and morality, which develops in society rather than deciding on the basis of the decisions of the regulations contained in the Law. This authority can be used an alternative in response to the absence and weaknesses in the application of legal principles in Civil Law System. Thus the law is expected to play a maximum role to serve the interests of the dynamic community put the interests of both parties who are in dispute and growing as well.

PERKEMBANGAN FATWA MUI TENTANG MASALAH ZAKAT Nopiardo, Widi
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

In the management of zakat, of there are parties that require regulations and need fatwa as a reference in the management of zakat. This type of research was normative research using qualitative analysis. The type of data in this research were secondary data which were taken from relevant books, internet media, documents, and previous research which studied about the farwa of about zakat. The data were analyzed by using qualitative data with method of analysis and normative study based on existing written sources. The results showed that from 1982 s.d. 2011 there were 10 fatwas discussing zakat that can be presented in detail as follow: 2 fatwas in 1982, 1 fatwa in 1996, 2 fatwas in 2003,1 fatwa in 2009,and 4 fatwasin 2011.

KONSEP TA’WIL USHULIYYIN DAN RELEVANSINYA DENGAN PEMBAHARUAN HUKUM ISLAM Dedi, Syahrial
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The experts of the Islamic law methodology (Ushuliyyin) have inherited the ta'wil method; a method of discovering the esoteric meaning in the textual disclosure. The application of ta'wil method must be exactly based on predetermined rules of play. The mistake of understanding a method will have negative impact toward the law product. This phenomena was worried about by the ushuliyyin very much. This research is a library study with content analysis method. This study concludes that ta'wil according to ushuliyyin that is, the abrogation of a pronouncement of the meaning of zhahir to another meaning which is not quickly captured, because there is a proposition that the meaning is meant by the pronouncement. Evidence of ta'wil in the form of nash, qiyas, luhgawiyyah, 'aqliyyah, and' adad ('urf), and the argument disputed is the wisdom of al-tasyri' (maqashid al-syari'ah) which is practiced only by ulama ushul al-Hanafiyyah. Ta'wil covers the furu' problems. Ushuliyyin finds some form of ta'wil, among which specializes in general pronouncing (takhshish al-'am), limiting the mutlaq (taqyyid al-mutlaq), transfer the utterance from the essential meaning to the majazi, or from the obligatory meaning of the sunnah. Generally the ta'wil method is still considered relevant to the renewal of Islamic law.

ISHLAH DALAM TAKHARUJ MENURUT HANAFIYAH VERSUS ISHLAH DALAM KOMPILASI HUKUM ISLAM (ANALISIS KEBIJAKAN HUKUM) Elfia, Elfia
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

This study aims at analyzing the two forms of legal policy in the division of inheritance by using the principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of the willingness of the other heirs. The term Ishlah is understood by giving rewards in exchange for the part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in that article, the existence of ishlah can be done after the heirs died (after the division of inheritance). This research is a library research by using normative law approach and analyzing the data by content analysis. As the findings from this study, there are several weak points in the completion of the takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an and Hadith.

MENGHAPUS KEKERASAN DALAM RUMAH TANGGA DENGAN KAJIAN NORMATIF-YURIDIS: ANALISIS INTERDISIPLINER DENGAN PEMBEDAAN NASH OBJEKTIF DAN TEMPORAL Nasution, Khoiruddin
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

This paper is intended to describe the efforts that can be done to eradicate the violence in domestic life, especially to the wife. There are three theories of the interdisciplinary study; 1) the theory of classification of nash, 2) the theory of the effectiveness of the law, and 3) the theory of social action. Based on the data anlysis it could be found that first, there are a number of factors being the cause and source of violence against wives in domestic life. Second, understanding nash would distinguish objectives nash (maqâsid) from the temporal nash (wasâ’il). Third, it is important to build a legal culture of community, especially between husband and wife in domestic life, and importantly also changed a traditional behavior of society into a rational behavior. Fourth, the course of marriage becomes one of effective media introduced the law in in society, especially for husband and wife, in order to build a legal culture and change the traditional behavior of the society to be a rational one.

MAHRAM DAN KAWIN SESUKU DALAM KONTEKS HUKUM ISLAM (KAJIAN TEMATIK AYAT-AYAT HUKUM KELUARGA) Arisman, Arisman
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

Mahram is an important problem in Islam because it can influence the behavior, halal and haram. In addition, mahram is a wise decision from Allah the almighty and it is also a perfection of this religion which manages all aspects of life. As a result, it is a must for us to know whom belongs to mahram and his right. Futhermore, mahram also reached the problem of in-tribe married. The problem is whether it is considered as an opposit opinion toward the existence of mahram or not. This problem is always debated by many religion experts and it has emerged many different groups of schools and also one punished another who prohibited in-tribe married case. As a conclusion the writer declared that this problem is not part of daruriyyat, but it is just a hajiyyat category. In another word we can say that in-tribe married is allowed in Islam.

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