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Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 2085630X     EISSN : 2477281X     DOI : https://doi.org/10.32505/jurisprudensi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles related to the jurisprudence, history, politics and cultural concerns of Islamic Studies. This journal openly accepts the contributions of experts from related disciplines.
Arjuna Subject : Ilmu Ekonomi, Ekonometrika dan Keuangan (semua kategori) - Ilmu Ekonomi, Ekonometrika dan Keuangan (Lain-Lain)
Articles 214 Documents
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PENGARUH SERTIFIKAT HAK ATAS TANAH SEBAGAI ALAT BUKTI DALAM MENCAPAI KEPASTIAN HUKUM Abdul Muthallib
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 12 No 1 (2020): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v12i1.1673

Abstract

This article discusses legal certainty as one of the objectives of Law No. 5 of 1960 concerning Agrarian (Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria) Principles and the influence of land rights certificates as a strong means of proof of land registration. The provision of guarantees of legal certainty to holders of land rights is accommodated in Law Number 5 of 1960 concerning Agrarian Principles and further regulated in Government Regulation Number 24 of 1997 concerning Land Registration (Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah). Using a normative legal view, this article refers to regulations on agrarian. The discussion of the article looks at the role of the government in providing opportunities for all citizens to register land with the aim of obtaining legal certainty and minimizing disputes. This article looks at the purpose of issuing certificates in land registration activities so that right-holders can easily prove that they are the right-holders. This is done so that rights holders can obtain legal certainty and legal protection. However, the land rights certificate issued is considered to be still lacking in minimizing disputes and it is assumed that it has not affected the land rights owners to protect their rights.
Atsar al–Khilaf al–Mu’tabar wal Khilaf Ghairu al–Mu’tabar Fi Fiqhil Islami (Dirasah Tahliliah) Abdulrahman Zain Ahmed Al-Attas; Noor Naemah Binti Abdul Rahman
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 12 No 2 (2020): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v12i2.2052

Abstract

This study aims to analyze several mistakes in the field of contemporary Islam in terms of the concepts that form the basis of several provisions of Islamic law, both in the selection of correct and reasoned concepts and in terms of their influence. The two things are interrelated, where the main reason for this error is the extension of the concept that is less agreed upon and resulting in resistance. Based on the research results, the researcher argued that the right action to overcome the expansion of the concept that was not agreed upon was to limit the meaning so that it could reject the opinion that was not approved. This research also describes the comments for the development of the concept and its provisions, the concept that was not approved, and the lack of consideration in approving the concept which has an impact on the provisions ofIslamic law.
When Adat Laws and Shariah Islam Became Frogs in the Well: Critical Response to UU Pemerintahan Aceh, and Aceh’s Qanun for Tanah Ulayat in Aceh Singkil Zulfikar RH Pohan
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 12 No 2 (2020): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v12i2.2078

Abstract

Aceh as an autonomous region has adat laws and local people’s rights stipulated in the Aceh Provincial Law 2006, Aceh’s Qanun Law, and the Founding Principles of the Majelis Adat Aceh (Aceh Adat Assembly). On the other hand, the Constitution recognizes adat law in the amendment of the UUD 1945 of 2000 article 18b paragraph 2 by saying that customary land is a right for the community and the obligation for the state to protect indigenous peoples. However, ulayat land conflicts through regulations at the national and regional levels do not meet the same agreement in the settlement of ulayat agrarian conflicts. Other laws on Agrarian affairs, as well as the land and forestry sector also have overlapping definitions of ulayat land. This study provides an understanding of the dynamics and contestation between adat and religions in the midst of agrarian conflict. The main point observed in the journal is the annexation of land, the use of post-colonial theory to explain the aspect of deindigenization, which eliminates the soil as the basis of the adat. The study of agrarian conflict is not only based on the law but also concerns how the concept of land in indigenous culture is structurally distorted. This study is based on observations on the agrarian conflict in Aceh Singkil’s ulayat land in 2011. This article was compiled based on a qualitative normative-empiric method with a case study approach, the data in this study were obtained from time media observations and interviews of several community leaders in the ulayat land protester group with The HGU area of PT Nafasindo. This research resulted in the findings that the weakness of adat law and Islamic law in agrarian conflict is caused by the duality of the law and hegemonic of the colonial law in terms of setting the material base of indigenous communities.
A Kafālah Issues: Concept and It’s Application in Indonesian Islamic Banks Ahmad Maulidizen; Abdul Haris Muchtar
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 12 No 2 (2020): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v12i2.2178

Abstract

This article is to analyze the concept of kafālah and its implementation in Indonesian Islamic banking. Kafālah is a contract that is closely related to the guarantee in Islamic banking. The purpose of kafālah is to provide assistance and convenience in working on a business or project for customers. With a bank guarantee, customers can run a project or business. In order for a bank to issue a bank guarantee, the customer must have a certain amount of savings in the bank. Savings can be in the form of time deposits or demand deposits. This article is to deeply examine the concept of kafālah according to fiqh mu’amalah and its implementation in Indonesian Islamic banking with a bank guarantee product. This study is a library study with descriptive approaches, which describes and explains the analysis of kafālah contracts according to fiqh muamalah and Its application in Indonesian Islamic banks. The method of collecting data in this study is based on documentation, journals and books. Further it analyses the data using content analysis, through analyzing the library data with a scientific analysis approach. Data analysis methods are deductive, inductive and comparative. The result of the study is that Kafālah is a contract of guaranteeing (makfūl alayh) given by one party to another in which the guarantor (kāfil) is responsible for the repayment of a debt which is the right of the guarantor (makfūl). In this principle, the bank acts as a kāfil (guarantor), while the customer is the makfūl (the guaranteed party). Meanwhile in practice, the application of kafālah in Indonesian Islamic banking is employed by a certificate of bank guarantee to guarantee its customers. Bank guarantee certificate is a payment guarantee that is given by the bank to the recipient of the guarantee, either individuals or companies.
Provide Or Demonstrate? Legal Comparison On Migrant Protection In Indonesia And Hong Kong Hera Susanti
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 12 No 2 (2020): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v12i2.2215

Abstract

This article examines the weakness of legal protection system for Indonesian migrant workers which are still vulnerably exposed to the practice of human trafficking leading to many cases of physical, sexual and psychological exploitation of Indonesian migrant workers abroad. This study quantitatively explores the model of providing legal protection for Indonesian migrant workers in Hong Kong, China in order to improve legal protection for Indonesian migrant workers abroad. Finally this study finds the effectiveness and successfulness of the well-established legal system of Hong Kong’s government, as one of the most intended countries by Indonesian migrant workers, in providing protection and guaranteeing the rights of migrant workers. These models constitute the ideal Human Rights Protection schemes for the other countries in realizing strategy and policies for better regulation.
Nushus al–Waridah Fil Miqdar al–Muharram Minarridha’: Dirasah Tahliliah Naamane Djeghim
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 12 No 2 (2020): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v12i2.2444

Abstract

This study explaines about views of Muslim jurists on the amount of breast milk that establishes fosterage and prohibits marriage based on the differences in the relevant legal texts. This research, critically, examines those texts, especially those that require five counts of breastfeeding. The methodology is based on critical examination of all the texts to establish their authenticity and relevance. The Researcher argued For safety, it is recommended to consider any amount of breastfeeding as a cause of fostering and prohibition. It concluded that there is doubt about the authenticity of those texts require five counts of breastfeeding.
REINTERPRETASI MAKNA WALAD DALAM KEWARISAN CUCU DITINJAU DARI PERSFEKTIF USHUL FIQH Adelina Nasution
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Surah an-Nisa, verses 11, 12 and 176 are the basis for inheritance. Those verses explain the word walad. The scholars agree that the word walad in surah an-Nisa, 11 refers to son and daughter. However, scholars differ when interpreting the word walad in surah an-Nisa, 176. First, majority of scholars opine that the word walad here refers to only son. Second, Ibn Abbas comes to a conclusion that word walad in the verse refers to both son and daughter. When viewed from the perspective of ushul fiqh by the term the word used, there are two kinds of meanings of words, namely literal and figurative meaning. The literal meaning of the word walad refers to children, while the figurative meaning of the word includes the meaning of grandchildren. Based on the Arab kinship system, the majority of Muslim scholars say that grandchildren are only those from male lineage. Based on the figurative meaning, the grandchildren inherit the same portion as those of children. As also explained in the Compilation of Islamic Law (KHI), article 185, grandchildren can be the heirs of successors, meaning that grandchildren replace the position of their fathers when passing away. However, the position of grandchildren from the female lineage is not explicitly stated in the article. For the sake of justice, grandchildren from the female lineage also are also included as the heir.
SANKSI PELAKU NUSYUZ (Studi Pandangan Mazhab Syafi'i & Amina Wadud) T.Dahlan Purna Yudha
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Nusyuz etymolically means opposition, hate, while according to the term nusyuz is the conduct of wife who opposes her husband to not carry out his orders, turn away from her husband and make the husband angry. Nusyuz according to the School of Shafi'i is the release of wife’s obedience to her husband. Either disobedience which is indicated by words or through behavior (deeds) or both (words and deeds) at once. According to Imam al-Shafi'i and some jurists from the Shafi'i School, the sanctions imposed for the perpetrators of the Nusyuz, as legitimized in QS al-Nisa: 34, were taken through three levels of advising, separating the bed, striking. Amina wadud interpret nusyuz as a disturbance of household harmony. Amina Wadud does not agree if nusyuz is meant by disobedience to the husband. Amina Wadud argues that nusyuz is more accurately interpreted as an unharmonious situation between married couples. Between the sect of Shāfi'ī and Amina Wadud have similarities and differences regarding the problem of sanctions that should be given to the perpetrators of nusyuz. The second equation is that they agree to the imposition of sanctions, but on the third sanction of beating this opinion is only approved by the Shafi'i school alone (though beating must be under certain conditions), whereas Amina Wadud prefers more exreme solution, that is divorce.
POLIGAMI DALAM KAJIAN HUKUM ISLAM (Studi Analisis Pandangan Hasbi Ash-Shiddieqy) Mahridha Mahridha
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Nowadays, the phenomenon of polygamy has become a social phenomenon in marriage which is much talkedabout and controversial. On the one hand polygamy is rejected with various arguments, both normative, psychological and even highly touched with gender inequality. On the other hand polygamy is promoted because it is considered to have a firm normative background and is seen as an alternative in solving social problems that arise in society. Controvercy araised due to the concept of justice to wives in polygamy tends to be understood in terms of quantitative. The article tries to discuss Hasbi Ash-Siddieqy’s opinion about polygamy and how the method of judgement extraction used by Hasbi Ashiddieqy about polygamy. According to Muhammad Hasbi Ash-Shiddieqy polygamy is not allowed, because justice in terms of love and affection is very difficult to be realized. The method of judgement extraction used by Hasbi Ash-Shiddieqy related to his opinion is the method of Mashlahah al-Murshalah, which is done by analyzing Al-Qur'an An-Nisa 'verse 3 and the relation of that verse with verse 129 and hadith which is narrated by Imam Ahmad. He takes an account on it’s mashlahat and mafsadat and the possibility of the realization of justice in terms of love and affection in the polygamy family.
ANALISIS KOMPERATIF PENDAPAT IBN HAZM DAN IMAM SYAFI’I TENTANG TALLAQ MUALLAQ Elyanur Elyanur
Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Talaq mu'allaq is a divorce that is effected by a matter or a time when the condition mentioned in the talak which is pronounced by the true husband occurs. When the talaq occurs, the relationship between the husband and wife was broken off. In this article the author discusses three existing problems; One, Ibn Hazm's opinion of talak mu'allaq in his book, Al-Muhalla that rejected the validity of talaq mu’allaq. Secondly, Ibn Hazm's method of law elicitation on the issue of talak Mu'allaq which only refers to the argumentation from Qur'anic verse by just looking to its meaning without considering the interpretation of the verses. He ignored the interpretation in detail and rejected the qiyas in the affairs of religion so that any problems related to his Islamic laws strongly prohibited the use of qiyas / logic. Third, about the indication of differences of opinion between the two, that is what distinguishes between Imam Shafi'i's opinion with Ibn Hazm itself is that of different ways of governing the law.

Page 6 of 22 | Total Record : 214

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