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INDONESIA
JURIS (Jurnal Ilmiah Syariah)
ISSN : 14126109     EISSN : 25802763     DOI : -
(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).
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Articles 156 Documents
KITAB MIZAN AL-QARB (TELAAH METODE PENENTUAN AWAL BULAN QAMARIAH) Rahmi, Nailur; Akhimuddin, Yusri
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 2 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (754.63 KB) | DOI: 10.31958/juris.v18i2.1624

Abstract

The phenomenon of determining the time of the first day of Ramadan and the first day of Shawwal in Indonesia raises a prolonged folemic, each group has its own basis and methods. In West Sumatra region, there is a Tariqat Syatahariyah group which still has a large influence in the midst of the Minangkabau community, so they have their own method of determining the beginning of the Islamic month, the reckoning taqwim method. This method is found in the book of Mizan al-Qarb, which discusses the initial determination of the Qamariyah (lunar) system. This paper is more focused on how the dating system and the method of determining the beginning of the month of Qamariyah in the Mizan al-Qarb manuscript from the viewpoint of Falak and Astronomy. The method used is the field method and literature with the approach of Philology, Falak Science and Astronomy. The data source is the manuscript of Mizan al-Qarb found in Surau Calau Sijunjung. The documentation technique is used in data collection, with several stages: collection, selection, and criticism. With the findings of the manuscript Mizan al-Qarb with conditions that have begun to be damaged, then it is necessary to preserve the contents contained therein concerning the calendar and the method of determining the beginning of the Qamariyah which refers to the rukyat method, using the naked eye and not using the media, so it is concluded if the calculation starts from Thursday the result is the same as contemporary reckoning, if it starts Wednesday will be the first day difference with contemporary reckoning
TRADISI JUAL BELI ANAK DI KABUPATEN PADANG PARIAMAN PERSPEKTIF AL-‘URF DAN HUKUM PIDANA Amir, Yusri; Yazid, Yovidal; Fansuri, Arif; Hidayat, Taufik
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 2 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (642.528 KB) | DOI: 10.31958/juris.v18i2.1694

Abstract

The tradition of ?buying and selling? children in the community of Padang Pariaman Regency is a habit that has been passed down for generations. Though Islamic law and Indonesian criminal law forbid ?buying and selling? children. This research is an empirical legal research by looking at the phenomenon of the tradition of ?buying and selling? children in Padang Pariaman Regency. Then, it was analyzed with al-'urf in Islamic law and elements of criminal acts in Indonesian criminal law. Based on the results of research that the purpose of the tradition of ?buying and selling? children in Padang Pariaman Regency is to eliminate the bad luck of a child by his biological parents. This in Islamic law belongs to al-furf al-fasid. So that despite the sale and purchase of children in Padang Pariaman Regency, this tradition is not included in the crime of trafficking of children, because it does not fulfill the elements of the crime of child trafficking.
POLA AKAD DALAM PEMBERDAYAAN EKONOMI MASYARAKAT PERANTAU ATAR Leli, Maisarah; Arianti, Farida
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 2 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (886.575 KB) | DOI: 10.31958/juris.v18i2.1741

Abstract

This paper discusses about the pattern of contracts in the economic empowerment of the Atar migrant community. Many migrants are not easy to get a job that later nomads can be independent. They are looking for work to other areas to be able to get a decent job that will provide their lives. In this section, the writer takes a qualitative descriptive approach by describing the contract pattern in empowerment carried out by the nomads, while the technique is snowball sampling in interviewing the main character until the information obtained at the saturated level, no more new information becomes data in this paper. The results achieved were that the nomads patterned contracts that were used in empowering the nomads community with qiradh contracts, and grants.
URGENSI CHECKS AND BALANCES KETATANEGARAAN INDONESIA DAN ISLAM Bustamin, Bustamin; Jaya, Rony
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 2 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (500.393 KB) | DOI: 10.31958/juris.v18i2.1740

Abstract

The reform movement opened the door to implementation of the 1945 amendment to the constitution. The urgency of the Indonesian government's control system, which included the legislative, executive and judicial institutions, was quite a concern. This condition is based on the fact that during the Orde Baru the concept of the Trias Politica Montesquieu was castrated by the authorities. Unlike the case of the Islamic constitutional system, the concept of mutual control was much more familiar when Khulafaur Rasyidin Umar bin Khattab called six (six) high-ranking friends to find a replacement. This was later considered the first Syura Institute in Islamic history. The purpose of this paper is to recognize the urgency of checks and balances in the Indonesian government system and in the Islamic state administration. This article uses a library research method with a qualitative descriptive approach, which is then analyzed using the interactive analysis model of Miles, Huberman, and Saldana. The results show that following the amendment of the 1945 Constitution, the legislature, including the DPR and the DPD, has taken control of the executive and the Supreme Court and the Constitutional Court as a judicial body can control each other and establish a balance between these institutions. While the Islamic constitutional system in the Fiqh study of Siyasah was already familiar with the separation of powers and the separation of powers in the institutions of Tasyri'iyah, Tanfidziyah and Qada'iyah.
PROBLEMATIKA ISBAT NIKAH DALAM OPTIK PERUNDANG-UNDANGAN Wahidullah, Wahid; Umam, Ricky Khoirul
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 2 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (496.978 KB) | DOI: 10.31958/juris.v18i2.1409

Abstract

The marriage certificate is the process of recording marriage to a marriage that is carried out on a legal basis and has not been approved by the legality or marriage certificate of the marriage. The purpose of the marriage ratification is to obtain legal certainty that is appropriate to the marriage that has been done, namely by registering a marriage and obtaining a marriage certificate to facilitate the civil process in the family. This type of research is qualitative by discussing sociology and it was carried out using inductive analytical methods by discussing the issue of the implementation of marriage rights in the field and the implications of marriage rights to the status of marital power in terms of the system of agreement-invitation legislation. The results of this study are the implementation of the marriage certificate in the Jepara Religious Court has been carried out according to procedures that have been received and carried out by the Jepara Religious Court in accordance with the provisions of the procedural law of the religion in accordance with statutory provisions regulated by Law Number 50 Year 2009 concerning the Religious Courts.
ANALISIS PROBLEMATIKA MANAJEMEN INVESTASI WAKAF UANG PADA LEMBAGA WAKAF UANG DI SUMATERA BARAT (STUDI PENDEKATAN ANALITICAL NETWORK PROCCESS) Firdaus, Nil; Nuruddin, Amiur; Hasmawati, Fifi
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 2 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (987.089 KB) | DOI: 10.31958/juris.v18i2.1584

Abstract

Cash Waqf is an endowment done by a person, group, institution or legal entity in the form of cash where the purpose is for the welfare of the community. This study aims to determine the priority of problems, solutions and stategies of investment management through the Analytical Network (ANP) approach. The results showed the priority of the problem was Nazhir's professionalism (0.407) risk analysis (0.247) supervision (0.205) and guarantee (0.140) with the rater agreement (W: 0.619). Priority solutions are Nazir?s professionalism (0.408) supervision (0.239) risk analysis (0.213) and guarantee solutions (0.138) with rater agreement (W: 0.555). While the strategy priority is cooperation with tungku tigo sajarangan (0,366) public education (0,324) and nazhir coaching (0,308) with rater agreement (W: 0,111).