JURIS (Jurnal Ilmiah Syariah)
FOCUS JURIS provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in Sharia. SCOPE JURIS encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: 1. Islamic Family Law 2. Islamic Economic Law. 3. Islamic Constitutional Law 4. Islamic Criminal Law 5. Other Islamic law/Sharia
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<![CDATA[TADLIS MERUSAK PRINSIP ’ANTARADHIN DALAM TRANSAKSI ]]>
<![CDATA[Taufiq Taufiq]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.483
<![CDATA[One of the principles emphasized in transaction is willingness (antaradhin). The principle ensures that all parties involved in transaction get satisfaction. This means none of the parties get benefit while the other suffers from loss as the consequences of the transaction. The jumhur ulama agree that the principle is implementing in the form of ijab and qabul. The principle of antaradhin is achieved through sharing the same amount necessary information (complete information) between two parties. However, not all of transactions end in satisfaction. This is due to the fact that one of the parties tries to hide necessary information from the other one. That means one party is deceived by the other. This kind of behavior is known as cheating (tadlis). Tadlis may appear in the form of hiding real or true conditions of the trading goods, increasing the price and so forth. These may take hiding information on the quality, quantity, time, and price of the goods. This paper therefore aims at discussing in more detailed Islamic perceptions toward antaradhin (willingness), tadlis (deception) and how the habit of committing to tadlis destroys the principles of antaradhin in the process transaction.Kata kunci: tadlis, ‘antaradhin, transaksi ]]>
<![CDATA[INTENSITAS SYARIAH DALAM NEGARA BERDASAR ATAS KETUHANAN YANG MAHA ESA ]]>
<![CDATA[Arlis Arlis]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.486
<![CDATA[Sharia is the law of God. The intensity of the Shari'ah refers to the conditio sin qua non for the good sake of mankind. Moreover, the state principles of Indonesia clearly mentions that this country believes in God the Almighty. However, the facts show that the Shari'ah has not become the soul of way of life of the nation. In fact, the concept of Shariah itself in some contemporary Islamic discussions is debatable due to its narrow and improper definition. Consequently debates concerning with the implementation leads serious problems. This article aims at elaborating the concept of Sharia intensity, existence, and its implementation in a state that bases its believe in God the Almighty through philosophical, legal and sociological approaches.]]>
<![CDATA[EFFECT OF CAPITAL ADEQUACY, LIQUIDITY, AND OPERATIONAL EFFICIENCY TO PROFITABILITY IN BANK SYARIAH MANDIRI (Period 2008 s.d 2015) ]]>
<![CDATA[Ismaulina Ismaulina]]>;
<![CDATA[Zulfadhli Zulfadhli]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.487
<![CDATA[This research aimed at analyzing the effects of Capital Adequacy (CAR), liquidity (FDR) and operational efficiency (BOPO) toward profitability (ROA) in PT. Bank Syariah Mandiri (2008 to 2015 Period). The effects of CAR, FDR and BOPO were measured quantitatively and correlated to the company’s ROA by means of double linear regression formula. The object of the research was three-monthly financial report through 31 observations. The findings showed that CAR and BOPO had negative and significant effects toward ROA. FDR had positive and no significant effects toward ROA. It was found that 94.6% of ROA could be explained by the variables of CAR, FDR and BOPO, while 5.4% could be explained by other variables which were not included in this research.]]>
<![CDATA[TINJAUAN HUKUM ISLAM TENTANG PELAKSANAAN PINJAMAN DENGAN JAMINAN EMAS PADA PEMBIAYAAN MULIA DI PEGADAIAN SYARIAH ]]>
<![CDATA[Hidayatina Hidayatina]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.488
<![CDATA[This research aimed at figuring out the regulations of Islamic laws in dealing with loans and gold as warranty on Mulia Financing in Islamic pawnshop. To achieve the desired aim, this study employed normative study by applying qualitative approach. Furthermore, conceptual approach which was dealing with multi-agreements in Islamic law was used to figure out the implementation loan using gold as warranty on Mulia Financing in Islamic pawnshop according to Islamic laws. The data of the research were the secondary ones which were obtained from books, internet resources and previous relevant studies and collected through library research. The data were analyzed by means of normative analyisis and study based the available data. The findings showed that the implementations were not suitable with Islamic laws due to the absence of the requirement for the objects of loan. Furthermore, multi-agreement practices which are prohibited in Islam also took place.]]>
<![CDATA[PERSPEKTIF HUKUM ISLAM TERHADAP PENCALONAN DIRI DAN KAMPANYE UNTUK JABATAN POLITIK ]]>
<![CDATA[Muhammad Ashsubli]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.484
<![CDATA[Self candidacy and campaign for particular political position by someone can be accepted in Islamic laws as long as he fulfills two important points. First, he or she possesses capacity, capability, and acceptability to assume positions he or she applying and campaigning for. Second, his or her genuine motivation is to seek for God’s willing and to realize public’s own good sake as well instead of striving for his or her own personal goals and medium for for things that are destructive for public needs.]]>
<![CDATA[LGBT DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[HASAN ZAINI]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.489
<![CDATA[Issues concerning with LGBT seem to be never lasting discussions. These are due to several disciplines, such as health, psychology, Islamic law, other related ones, that may give significant affects in the process making decisions concerning with the issues. Among the issues are dealing with positioning of LGBT either as nature or nurture, given or socially constructed, inherited or deviant, normal or diseased, and so forth. Such abnormal behaviors lead this group to the false understanding about sex in the wrong ways. This points out that the people that gets involved in LGBT fail to synchronize their desire and principles of life. This paper, therefore, aims at analyzing the perspectives of Islamic scholars of Islamic jurisprudence (fiqh) concerning with LGBT and the effects as well caused by]]>
<![CDATA[HADIS-HADIS EKOLOGI DALAM KONTEKS PERINDUSTRIAN DI INDONESIA ]]>
<![CDATA[Agus Firdaus Chandra]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.485
<![CDATA[As the religion of rahmatan lil ‘alamin, Islam does not only concern with how mankinds worship to Allah (ibadah), and establish relationship among mankinds (muamalah) but also protect and preserve ecological systems around them as main purposes of Islamic laws (maqashid al-syari’ah). As the best role model (uswah al-hasanah), Prophet Muhammad pbuh has shown especially how to deal with ecology in relation to industrial activities. As a predominantly Moslem country, hadeeth as a religious text is expected to a great influence on the way of life including industrial world in order to realize public welfare and prosperity by industrial practitioners in Indonesia in general. However, religious passion has not had a positive impact in industrial world. Welfare as the main goal can only be enjoyed by a small group of people. Dealing with the phenomena, this article, therefore, aims at discussing hadeeths in relation to ecology and presenting analysis the implementation of the hadeeths in industrial practices in Indonesia]]>
<![CDATA[ANALISIS METODE HILAH DALAM PROSES FATWA DSN-MUI ]]>
<![CDATA[ELIMARTATI ELIMARTATI]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.490
<![CDATA[This study focused on the implementation of hilah method within the concept of fatawa of DSN concerning with Sharia banking product agreement. The problems of the research was formulated as follows: “Does DSN determine the fatawa concerning with Sharia banking product agreement apply the concept of hilah?” This study belonged to library research which studied documents of fatawa of DSN. The method employed was normative qualitative using content analisys using the rules of istimbat. The study began with figuring out the position of hilah method in Islamic laws. Next, gathering and analyzing the fatawa of DSN concerning with Sharia banking product. The finding showed that the process of determination of some fatawa applied hilah method by modifying the format of fikih muamalah. Most of the determination of fatawa of DSN used hilah methods for the goode sake consideration.]]>
<![CDATA[URGENSI BERZAKAT MELALUI AMIL DALAM PANDANGAN ILMU EKONOMI ISLAM ]]>
<![CDATA[WIDI NOPIARDO]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.491
<![CDATA[Zakat (Divine Tax) is the only worship in Islam where the person responsible for collecting the Zakat mentioned in the Quran. This person is called amil (collector). Therefore, the legal basis for the amil is obviously stated in the Quran and the Sunnah. Even, the prophet pbuh and the companions have shown how to pay zakat through the amil. There must be no doubts paying zakat through amil. However, some phenomena show that the zakat that is paid directly by the tax payer (muzaki) to those who deserve to have it (mustahik). Those phenomena leave a very serious question: whether the receivers are truly mustahik. This is quite reasonable since most of the muzaki distribute their own zakat to their own relatives while many others in their neighborhood deserve to receive more than the others due to their economic conditions.]]>
<![CDATA[PERKEMBANGAN PENGUMPULAN ZAKAT PADA BAZNAS KABUPATEN TANAH DATAR PERIODE 2010 s.d. 2014 ]]>
<![CDATA[RIZAL FAHLEFI]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 15, No 1 (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v15i1.492
<![CDATA[Collecting zakat (divine tax) is one of the main responsibilities of amil (the collector) of zakat. In fulfilling this kind of responsibility, BAZNAS of Tanah Datar Regency has done is successfully. This study, therefore, aimed figuring out the zakat collecting growth in BAZNAS of Tanah Datar Regency during 2010-2014 periods in terms of the nominal, source, and efforts made in collecting the zakat. To achive the goals, this study employed case study. The findings showed that the numbers of zakat collected during the period increased significantly with a total of more than IDR 34.44 billions. The increase was much far above the average that could be achieved nationally. In term of source of zakat, there was extended sources from profession zakat to other sources, such as trade and services zakat. In order to support its efforts to collect zakat successfully, BAZNAS of Tanah Datar Regency made continuous efforts to increase Zakat Collecting Unit (UPZ), established marketing team, distributed marketing tools, dan conducted massive zakat socialization]]>
