Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
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.
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214 Documents
<![CDATA[KEDUDUKAN ANAK LUAR NIKAH PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Maimun Maimun]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[Marriage is an attempt to maintain human survival and protect nasab. But sometimes the protection is often tarnished with the existence of an adultery or relationship outside of marriage. Often these relationships result in an illegitimate offspring who is of course a descendant of which adultery results have a position in law different from the position of the legitimate child. Therefore, an outof-wedlock child as a result of an adultery by his or her parents will not be entitled as to the right earned by the child legitimately, especially in the case of inheritance, the outsider will not be able to obtain the inheritance of his biological parents before there is recognition from his biological parents, an outsider is a child born outside a legal marriage according to syara '. The scholars have agreed that one can not be denied to his father. As a legitimate child, if the child is born less than six months after the marriage contract, because according to them the shortest interval that must exist between the birth of the child and the marriage is six months. This means that if a child is born not reaching six months after the parents of the marriage contract, then the child can not be fathered to his father as a legitimate child]]>
<![CDATA[PEMIKIRAN EKONOMI ABU UBAID AL-BAGHDADI (Studi Kitab Al-Amwal) ]]>
<![CDATA[Asra Febriani & Jalaluddin]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[Economic thought of Abu Ubaid reflects the significance of maintaining the society’s rights and obligations, making justice a central principle in running the government and building a sense of unity and shared responsibility. Abu Ubaid also explicitly states that the government is obliged to provide an adequate standard of living for every individual in a Muslim society. He said that state revenue (fai ', khumus, alms and zakat) have to be managed by the state and allocated to the community. In term of monetary, he states that the money have to have intrinsict value, standard exchange rate and medium of exchange. He is of the opinion that only dinars and dirhams that deserve to be used as a medium of exchange because it has a stable value so the inflation flows which adversely affect the economy of the country can be avoided.]]>
<![CDATA[الجهلاوأثرهافياالمكاسباالمحرمةا »دراسة فقهية مقارنة« ]]>
<![CDATA[Awwaluzikri Jailani]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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DOI: 10.32505/jurisprudensi.v9i2.361
<![CDATA[إن موضوع المعاملَّت المالية موضوع مهم حيث يس حاجة المسلم اليومية تتعلق بماله ومكاسبه. والناُ قد حبب إليهم المال على فطرتِم, والناظر فِ أسباب تَلك الۡموال يجد أنها كثيرة الۡشكال ومتوعبة المسائل, وقد واض الناُ فِ العصر الاضر شتَ أنواع المعاملَّت المالية المعاصرة منها اللَّل ومنها الرام, لكن الذي اكتسب من الرام قد اعتذر بأنه حاه ً هذه الۡموال فِ جهل فادعى أنه ل يؤوذ عليه منها وبَلتالي ل يؤثر شيئا منه؛ ً ا فِ حياهة تلك الۡموال. مع أن الجهل فِ مثل هذا الۡمر يعد تقصير لإمكانه السؤال تَاه أهل العلم المتخصص فِ مجاله.]]>
<![CDATA[ISLAM & AKTIVITAS PASAR DALAM PERSPEKTIF EKONOMI SYARIAH ]]>
<![CDATA[Harjoni Desky]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 1 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[This article aims to explain the nature of the market mechanism in Islamic economic thought and its practice. Historical and philosophical approach are used in this article to explore the ideas and insights of Muslim scholars on the market. The article concludes that within the framework of Islam, the market mechanism has been considered as an important part of economic activity. According to Islamic economy, market mechanism can occur naturally on the side of supply and demand as it should be. Furthermore, within the mechanism of the market economy perspective of Islam, its principle is to reject the existence of an intervention price if the price changes occur due to normal market mechanisms. However, the market here requires morality, such as: fair competition, honesty, transparency, and justice. If these values have been established, there is no reason to reject the market price. And if there are deviations, the obligation of the state to regulate it for the benefit of the people.]]>
<![CDATA[WILAYATUL HISBAH & SYARIAT ISLAM DI ACEH: Tinjauan Wewenang dan Legalitas Hukum ]]>
<![CDATA[Samsul Bahri]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 1 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[Legality in the implementation of a rule or Qanun is very important to avoid actions that violate the law. Aceh in the course of time tried to improve the implementation of sharia law by ratifying several qanuns of sharia. With the increase of those qanuns, certainly it will give some changes to the authority of Wilayatul Hisbah (WH) institution in the supervision and the action against the violation of Islamic Sharia in Aceh, especially after the enactment of Aceh Qanun no. 7 in 2013 on the procedural of Islamic Criminal Law and Aceh Qanun no. 6 in 2014 on Criminal Law. This article tries to describe the development of of the implementation of Islamic law with an account on Wilayatul Hisbah in the record of history till the contemporary situation from the aspects of law sources and it’s authority in the enforcement of Sharia law.]]>
<![CDATA[PEMIKIRAN HUKUM ISLAM; (Studi Pembaruan Hukum Islam Asy-Syatibi & Ibnu Taimiyah) ]]>
<![CDATA[Mahdi Abdullah Syihab]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 1 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[This article would like to explain about Fiqh thought of Asy Syatibi and Ibnu Taimiyah around Islamic Law. These two figures are known as innovators in Islamic Law. Asy Syatibi is popular in Granada and his thought in Islamic law certainly influenced by social culture in Granada. He applies the principle of “Mura’at al-Khilaf”, which is a principle to honor dissenting opinion in a way that look at all the opinion as correct. Contrary to Ibnu Taimiyyah, his thought in Islamic law influenced by social culture in Damascus. As a result, the basic principle of Ibnu Taimiyyah’s fatwa more resemble to Ahmad ibn Hambal’s thought in the use of existing legal sources. Neverthless, Ibnu Taimiyyah keep looking “illat” (legal reasoning) and base his opinion to that “’illats”.]]>
<![CDATA[AKURASI HISAB AWAL BULAN QAMARIYAH DALAM KITAB KHULASHAH AL-WAFIYAH & EPHEMERIS ]]>
<![CDATA[Fika Andriana, Asmuni, Watni Marpaung]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 1 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[This research aims to analyze deeply about: 1) The method of determining the beginning of qamariyah month according to the book of Khulashah al-Wafiyah, 2) The method of determining the beginning of qamariyah month according Ephemeris, 3) Hisab accuracy level in determining the beginning of qamariyah month according to the book of Khulashah al-Wafiyah and Ephemeris. This research is a library research in the form of qualitative descriptive- analytical research. The primary data source are the Khulashah al-Wafiyah and The Ephemeris, while secondary data obtained through the study of various related literature. Then the data is analyzed by content analysis. The results showed that the method of determining the beginning of qamariyah month according to Khulashah al-Wafiyah book in advance through calculation taqribi with reference to the data in the table that is already provided at the end of the book. Based on the calculation of the intrinsic taqribi followed by calculation five correction to the moon’s data. When applied to the hisab of the beginning of Shawwal 1437 H / 2016 M, the results show that hilal’s high negative or position of the moon is still below the horizon. This according with the facts that occurred on the ground when it was that the height of the new moon is still negative so that the Ramadhan in istikmal right to 30 days. Similarly, the results of the hisab of Syawwal 1437 H according to Ephemeris which also showed negative height of the new moon. Thus, the accuracy in determining the beginning of the month of qamariyah according to the book of al-Wafiyah Khulashah classified as already a high degree of accuracy that can even match the real of contemporary hisab.]]>
<![CDATA[STUDI PEMIKIRAN HADIS DI INDONESIA Analisis Teori Hadis Hasbi Ash-Shiddieqy ]]>
<![CDATA[Hedhri Nadhiran]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 1 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[This paper attempts to reveal the theory of Hadith of Ash- Shiddieqy, one of the reformers in Indonesia. This topic is interesting to be discussed because Hasbi has been known as an Islamic jurist so that his ideas in the field of Hadith development are almost untouchable. This phenomenon strengthens the thesis of the Federspiel – an Indonesianist, who argues that the study of hadith is particularly unpopular in Indonesia. In researching Hasbi's Hadith, the focus is directed to three crucial issues around the polemic of modern hadith discourse, which is about the limits of the notion of hadith, hujjah and the science of fiqh al-hadis. The analysis of these three topics shows Hasbi's renewal ideas in the field of Hadith, especially in the context of the Indonesian period. This at once shows his independence for his ijtihad and does not want to be bound by bigotry against a particular school of thought.]]>
<![CDATA[KONSEP WASIAT DALAM PERSPETIF HUKUM ISLAM ]]>
<![CDATA[Maimun Maimun]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 9 No 1 (2017): JURISPRUDENSI ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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<![CDATA[In Islam, the wasiyat is not merely a matter of property. In the broadest sense, the wasiyat also deals with moral messages to mankind. In the Qur'an, Allah Almighty Himself has reminded that believers always have a wasiyat in virtue and patience. This verse affirms that a person who is about to die must necessarily leave a wasiyat to his possessions, this verse may also serve as a legal basis (mandatory) of the wasiyat, particularly to the heirs whose liaison with the heir is cut off, become walled up caused by other heirs, such as the case of a grandchild who is wallowed to get the inheritance of the datuk (his grandfather) due to his uncle (his father's siblings) still exist. The will for the non-heirs required to fulfill the maximum amount is 1/3 of the property left behind, after deducting the cost of holding the corpse and repayment of the debts. The law of wasiyat origin can not be more than 1/3 of the inheritance. If more than 1/3 of the property, then it depends on the heirs, if they allow it can be implemented, if not then carried out only related 1/3 of the treasure alone, Wasiyat is one means to approach Allah swt in order to get goodness in the world and the reward in the hereafter. Wasiyat is also a means to provide assistance to people in need, strengthening friendships and kinship relations that are not his heirs. The law of wasiyat when examining Surat al-Baqarah verse 180 is obligatory in accordance with the textual meaning of that verse.]]>
<![CDATA[KHALWAT DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF ]]>
<![CDATA[Bukhari Bukhari]]>
<![CDATA[ Jurisprudensi : Jurnal Ilmu Syariah, Perundangan-Undangan dan Ekonomi Islam Vol 10 No 2 (2018): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprud ]]>
Publisher : <![CDATA[State of Islamic Institute Langsa ]]>
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DOI: 10.32505/jurisprudensi.v10i2.942
<![CDATA[The existence of a man and woman who have no kinship so that it is lawful to marry her, in a lonely place without being ac companied by a mahram of the male or female side. This khalwat is a crime that is not subject to hudud punishment and kafarah punishment. This form of khalwat crime is included in the category of ta'zir finger whose number of punishment is not limited. In the Qur'an and Sunnah this khalwat act is highly reproached, but not clearly regulated in the Qur'an and Sunnah. So this act can be entered into the ta'zir group. All deeds that should (need) be forbidden to fulfill the common good (community). This prohibition must necessarily be made on the basis of community agreement / consensus in ways that are considered eligible. In North Aceh, the khalwat actors who are close to the power are hard to touch with the law, it is not surprising to all of us to remember that the law in this country is not yet the commander but the law is merely a bargaining position in everyday life.]]>
