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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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PERLUASAN MAKNA HARTA BERSAMA PERSPEKTIF SOSIOLOGI HUKUM ISLAM Hamdi, Isnadul
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

This research is based on the problems in the distribution of common property. First, the emerging of differences in the system of distributing of common property in talak raj'i and talak ba'in. Second, the occurrence of expansion in terms of income during marriage such as the existence of insurance. Third, the existence of the agreement in marriage before the joint property is shared. The result of the research shows that in the sociology perspective of Islamic law the effort to share the common property: first, in the case of divorce because the situation is still in the iddah period of talak raj'i, property should not be divided because it minimizes the possibility of reunification. Unlike the case if talak ba'in, property should be devidedd soon because it certainly will not be reunited. Second, in response to the expansion of common property such as the existence of insurance money, all Indonesian Judge agreed that all property acquired during marriage is related to Taspen Insurance, Asabri Fund, Labor Insurance, Traffic Accident Fund, Passenger Accident Fund, Life Insurance Fund, Property of Luggage, Credit that has not paid off. Third, the agreement in marriage greatly affects the distribution of common property given the existence of Article 45, 52, and 97 Compilation of Islamic Law "divorced or divorced widow respectively entitled to two joint property as long as not specified in the marriage agreement.

KEWARISAN ANAK ANGKAT YANG BERKEDUDUKAN SEBAGAI ASHÂBUL FURÛDH (Analisis Terhadap Putusan Pengadilan Agama No. 287/Pdt.G/2006/PA.Pdg.) Alfiander, Dodon
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The Case No. 287/ Pdt. G/ 2006/PA. Pdg. is a lawsuit Wasiat Wajibah submitted to the Religious Court of Padang. The Religious Court of Padang sets the plaintiff on this case as an adopted child who is entitled to obtain a mandatory will from his foster mother's estate. Where as between the plaintiff and his adoptive mother has a very close kinship relationship. The plaintiff is the real child of his adoptive brother's brother, while at that moment the plaintiff's adoptive mother was the heir of Kalâlah. The Law of Inheritance of Islam recognized the right of inheritance to the sister’s child. Sister’s son's inheritance is not clearly contained in the Qur'an and the hadith of the Prophet Muhammad pbuh. However, sister’s child's inheritance rights are basically through the extension of the understanding of other whose rights are described in the Qur'an, because if he or she has no sister and brother, the position can be replaced by the child. Sister’s child will not get the right as long as his father who connects him to the heir is alive. This can be understood as the concept of "Expanding Brotherhood Meanings". Thus, the decision of the Religious Court of Padang on the Wasiat Wajibah which sets the plaintiff to obtain the right to the property of his adoptive mother through Wasiat Wajibah is not appropriate. This is because the plaintiff has a very close kinship with his adoptive mother. Therefore, the plaintiff is more aptly part of the heritage of his adoptive mother through his right as an heir (ashâbul furûdh), not as a mandatory will. This is because the plaintiff replaces the position of his biological father as the heir because he has died earlier than his adoptive mother. The Plaintiff is entitled to receive a share of furûdh against the inheritance of his adopted mother. The furûdh portion obtained is based on the letter of al-Nisâ verse 176.

TRADISI UANG ILANG SEBAGAI HUKUM ADAT DALAM PELAKSANAAN PERNIKAHAN DI NAGARI CAMPAGO SELATAN Suparta, Riyen Gusti
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The Lost Money or Given Money” is called Uang Ilang in term of Minangkabau culture. It is a gift in the form of a sum of money by the bride and groom given to the prospective bridegroom. The payment of “the lost money” is done through intermediary the head of the tribe between the two sides of the family. This tradition of “the lost money” is a customary requirement that must be met by the family of the bride to the prospective groom. The amount of money may vary depending on the request of the head of the tribe or the male family to the prospective bride. There are two aspects that determine the amount of money payments first, the cultural aspects and socioeconomic status. The purpose of this study is to describe how the implementation of traditions of “the lost money” in South Campago District. This research used descriptive method with qualitative approach. Data collection by interview and supported by supporting books related to “the lost money”. The result of this research is known that marriage with “the lost money” tradition system is customary law that has been applied to South Campago District community. In the implementation by finding the source of “the lost money” by borrowing, participation from the head of the tribe, helps from the groom if the couple is dating and t”the lost money” be the responsibility of the parents. The high low payment of illicit money for now is also influenced by the social status of the prospective bridegroom but most of the people do traditions of “the lost money” more to the cultural aspect so the number of payers is only as a customary filler only.

KEWENANGAN KOMISI PEMBERANTAS KORUPSI DALAM MELAKUKAN PENUNTUTAN MONEY LAUNDERING Efendi, Roni
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The tackling of money laundering through the criminal Justice System has not been debatable as long as it is handled by sub-systems in the criminal justice system such as the police and prosecutors since they have been bestowed a clear mandate in law. That raised a question, what about Corruption Eradication Commission or KPK? In Article 6 letter C Act no.30 of 2002 on the Corruption Eradication Commission (Law of KPK) explicitly and clearly revealed that the KPK has a duty to conduct the initial investigation, investigation and prosecution of corruption. That article also did not provide the further explanation. For that reason, the authority of KPK in conducting initial investigation, investigation and prosecution is only regarding the criminal act of corruption.In several corruption cases settling, KPK also often tried to apprehend the perpetrators through the law of prevention and Eradication of Money Laundering Crime. Many People criticized KPK but some gave the appreciation on KPK’s efforts in asset recovery. That was also addressed to KPK on its’ authority in investigating and prosecuting TPPU. In the case of No. 39/Pid.Sus/ TPK/2013/PN.Jkt.Pst with the accused Ahmad Fathanah, Joko Subagion and I made Hendra as 2 (two) members of the judges’ panel stated dissenting opinion. It declared that KPK has the authority to investigate TPU but it is only concerning with the wealth which is suspected from a criminal act of corruption. Actually, the authority to persecute TPPU is on the general attorney. Meanwhile, persecutors of KPK does not have the right to file the indicment and demand of the TPPU. Therefore, the indictment related to money laundering should be declared unacceptable. It brings the writer’s unrest on the criminal law enforcement’s practice. It is especially in the eradication of money laundering since it is supposed that law enforcement does no provide justice for justicia belene, certainty and expediency in asset recovery.

TUNTUTAN KEADILAN PERSPEKTIF HUKUM ISLAM Zulkifli, Zulkifli
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The justice is viewed from any perspectives and aspects, it means the justice must be positioned as well as possible depends on the situation and time (when and where). In law empowerment all people have the same position and they should get their human right. Method which is used in this study was library research. There is a phenomena where the human right is not found in every human life, but actually it must reach all factors of the human life which having different and balanced. In deciding the justice for human life, it must be as proportional as possible eventhough the right is not always reaching the same position.

INFLASI DALAM PRESPEKTIF ISLAM (ANALISIS TERHADAP PEMIKIRAN AL-MAQRIZI) Awaluddin, Awaluddin
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 2 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

Inflation is one of the macroeconomic symptoms associated with the decline in exchange rates (money) on goods and services market. One of the leaders of Islamic economics who specializes in his discussion of macroeconomics is al-Maqrizi. The solution offered by al-Maqrizi related to the problems that occurred in Egypt is to use the natural monetary system, the dinar and dirham become the base currency, while the fulus is published in a limited and only to buy trivial goods. Al-Maqrizi set the relative price for dinar, dirham and fulus. The relative price of dinar and dirham is 1:24, while the relative price between dirham and fulus is 1: 140. In addition to providing solutions to address the above three issues, al-Maqrizi also proposed solutions in a social perspective. This gives the conclusion that the impact of the economic crisis depends on the nature of income and wealth of each group. If the income is fixed or inflated but lower than the rate of inflation, then the condition is severe. Conversely, if their income rises higher than the rate of inflation, then their material welfare increases. Likewise with wealth in the form of money, they suffered losses because their purchasing power continued to decrease and they also had to increase the cost to meet the demands of the ever-increasing need.

PENERAPAN DENDA MURABAHAH MENURUT FATWA DEWAN SYARIAH NASIONAL DSN/MUI (STUDI DI PT. BANK MUAMALAT INDONESIA CABANG PADANGSIDIMPUAN) Fadli, Fadli
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 2 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

The law of sharia banks as a monetary intermediary institution which is the main contributor and main funding activity is that various products and mechanisms are facing various dynamics, such as the fact that some customers cannot fulfill their obligations within the prescribed time, resulting in delayed payment delays. In this case, the bank tried to overcome the problem tersbut by applying a penalty on financing in which accommodate the opinion of the Council of Advocates of Islamic Law of the National MUI where the customer can be fined if the customer is late in making deferred payments. In Islam a person is obliged to respect and obey each trust or agreement entrusted to him. If he has obtained a bank loan or financing, then he already trusts other people (depositors or owners of capital) so that if he did default, then it can be said he has done default and can be subjected to sanctions or actions according to the conditions and reasons. In this case because customers do default bank will suffer losses, because it causes bank spend more extra expenses ranging from administrative affairs, to hire a lawyer. The National Islamic Law Council of MUI in its fatwa Number 17/ DSN-MUI / IX / 2000 on Sanctions against Clients Delaying Payments enables the banks of sharia to assume customer to be able to but does not fulfill the obligations of syari 'ah.

ZAKAT UNTUK PEMBANGUNAN MASJID Zainuddin, Zainuddin
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 2 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

This article presents an overview of Islamic Law on the properties of zakat used for the construction of mosques. This study uses literature research, because the study of Islamic law will seek answers through literature, both in the form of legal propositions and opinions of the scholars. From the results of this study found the answer that there are two opinions of scholars about the law of building a mosque with zakat property. The first opinion allows and the second opinion does not allow. While the author more tends to the opinion that does not allow, because zakat is the right of people (ashnaf) while the construction of the mosque can be obtained fromwakaf ummah.

KEBIJAKAN PEMBERDAYAAN WAKAF UANG DI KABUPATEN TANAH DATAR Elimartati, Elimartati
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 2 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

This research analyzes the policy of local government and people of Tanah Datar Regency in exploiting its potential, opportunity, human resources and challenges in increasing money waqf empowerment. The research method used was qualitative. The techniques used in collecting empirical data in the field were interviews and documentation. The findings of the research indicate that the guidelines for implementation of waqf and can be used as a foothold in the management and empowerment of money waqf. The potential of empowerment of money waqf in Tanah Datar Regency can be enhanced by strengthening the wakaf regulation in the regions, establishment of business partners, strengthening the quality of human resources with sharia insight, and adequate financial support. Policy can be done by cooperating with various parties, such as local government, syariah financial institutions (LKS), non-governmental organizations (NGOs), companies and others.

REFORMULASI FIQH MUAMALAH TERHADAP PENGEMBANGAN PRODUK PERBANKAN SYARIAH Aryanti, Yosi
JURIS (Jurnal Ilmiah Syariah) Vol 16, No 2 (2017)
Publisher : Faculty of Shariah of State Institute for Islamic Studies Batusangkar, Indonesia

This study aims to describe the reformulation of fiqh muamalah in order to provide innovation to the products of sharia banking. This research is a library study. Data of the research was obtained from secondary sources which were taken from library materials, such as fiqh, literature, legislation, official document, result of previous research, article, magazine, newspaper, and other sources related to this research . Secondary data is sourced from the primary legal materials in the form of regulations relating to sharia banking. The results showed that: 1) In reformulation of fiqh muamalah required a number of tools and disciplines of sharia as well as some moral principles for the formulation according to sharia and are in the corridor of sharia. The disciplines are ushul fiqh, qawaid fiqh, tasyrik talaq, tasyrik philosophy and maqashid syariah, 2) Fiqh muamalah reformulated through several methods ijtihad, namely ijtihad intiqa'I, ijtihad insya'I, and ijtihad komparasi, and 3) success the future syari'ah banking system will depend a lot on innovation development. This is marked by the ability of syari'ah banks to present attractive, competitive products and facilitate transactions, in accordance with the needs of the community.

Page 13 of 16 | Total Record : 156

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