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
Articles
10 Documents
Search results for
, issue
"Vol 17, No 2 (2018)"
:
10 Documents
clear
<![CDATA[STATUS HUKUM IBU TIDAK MENYUSUI BAYI DAN SOLUSI PENCEGAHANNYA ]]>
<![CDATA[Agus Nurcholis Saleh]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (696.705 KB)
|
DOI: 10.31958/juris.v17i2.1177
<![CDATA[Much research has been done on breast milk. The results are significant. But the rate of early breastfeeding and exclusive breastfeeding is still far from expectations. Moreover, modernization and globalization have succeeded in encouraging women to work. The term, career woman. Unfortunately, the woman forgot her nature as the only supplier of ASI. Be, many babies whose rights are not fulfilled. This study relates the ASI significance, including the legal status for women who leave ASI. This study method is literature. The author collects literature on ASI, and legal consequences for those who "intentionally" leave their breastfeeding obligations. The author reads the Qur'an as the main source of analysis. The previous research report became the validation of the main source. This study is written descriptively with the deductive method. This research produced three things. First, they are treacherous towards the mandate of Allah SWT. Second, there are three inherent statuses for mothers who refuse to breastfeed: betrayal, destruction, and debt. Third, the husband must guide his wife to prepare herself as best as possible in the face of pregnancy, birth, and breastfeeding, so that the duties and mandates are realized.]]>
<![CDATA[HAK HADHANAH DALAM PUTUSAN PENGADILAN AGAMA ]]>
<![CDATA[Eli martati]]>;
<![CDATA[Firdaus Firdaus]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (371.689 KB)
|
DOI: 10.31958/juris.v17i2.1195
<![CDATA[The purpose of the research is to reveal the rights of custody of children that have not been mumajiz if there is a divorce seen from the requirements set by the ulama in Islamic law or the benefit of the child. Today's condition often happens to mothers or apostates who cause divorce, or the condition of mothers who have divorced their husbands as career women. Does it have implications for hadhanah rights for mothers or fathers? The normative qualitative approach was applied in this study. The results of the discussion of the four cases decided by the Religious Court which became the object of research gave foster rights (hadhanah) to fathers because fathers have competence in child care, such as having good moral, having competence in the science of education and social competence that is responsible and prioritizes the benefit of children from to determine the rights of mothers as child care. In this condition the father fulfills the requirements of the hadhin compared to the mother.]]>
<![CDATA[MEMAKAN HARTA SECARA BATIL (Perspektif Surat An-Nisa: 29 dan At-Taubah: 34) ]]>
<![CDATA[taufiq taufiq]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (713.108 KB)
|
DOI: 10.31958/juris.v17i2.1162
<![CDATA[The Quran mentions the term treasure in some letters with various derevasion. The mention of the word treasure is accompanied by the procedure of acquisition or utilization. One of them is the prohibition of consuming treasure in a vanity way. As many as 36 times a word that means vanity is mentioned in the Quran, including An- Nisa: 29 and At- Taubah: 34. Using a thematic interpretation approach, explores some of the ethical messages contained in these two verses. Forbidden treasures managed by vile. Indications of vanity include the emergence of disillusionment with the parties and be classified as zalim.]]>
<![CDATA[PERKEMBANGAN HUKUM ISLAM PADA MASA UMAR IBN KHATTAB (634-644 M) ]]>
<![CDATA[Mami Nofrianti]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (375.91 KB)
|
DOI: 10.31958/juris.v17i2.1173
<![CDATA[Islamic law is a law originating from and being part of the Islamic religion. Caliph Umar can be said to be the pioneer of legislation in an Islamic state. He has created a new paradigm in Islamic history. The development of Islam during the Caliph Umar to expand the Islamic region had a brilliant result. With the expansion of the Islamic region, the need for community education and fostering activities also increased. It was caused by people who had just converted to Islam in various conquered areas clearly needed guidance in the practice of Islamic application. Therefore, Islamic law had also undergone development from the previous period. The source of Islamic law in the era of Umar apart from the Qur'an and Sunnah was also carried out by Ijtihad. The method in this study was a library research, by collecting, reading, and studying books that have something to do with this discussion. At first glance Umar's decisions or Ijtihad seemed to contradict the provisions of the Qur'an, but if it was examined the nature of the verses in the framework of the overall purpose of Islamic law, the ijtihad carried out by Umar Ibn Khattab did not contradict with the meaning of the verses of the law.]]>
<![CDATA[KAJIAN TENTANG GENDER PERSPEKTIF ISLAM (Studi Analisis Tentang Posisi Perempuan dan Laki-laki dalam Islam) ]]>
<![CDATA[Desi Asmaret]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (365.485 KB)
|
DOI: 10.31958/juris.v17i2.1164
<![CDATA[The aim of this study is to find out the position of women and men in Islamic beliefs to encounter the challenges of feminists or feminism who have always questioned the differences in gender roles between women and men who have been considered lame and asismestris. Is this because of a false understanding of the structure of religious teachings normatively or not? The method used was library research with a qualitative approach. The data were collected from the Qur'an and Sunnah of the Prophet, books on gender and sociology and other relevant sources, then analyzing and drawing conclusions qualitatively. The results of the discussion found that differences between women and men were only privileges and groupings. Men and women are clearly different, but this difference is not intended so that each of them looks for their own ways, but to reach each other to achieve one goal, namely the continuity of life and human civilization itself. For this reason, it is recommended that Islamic law researchers reproduce research with a gender analysis perspective. So that the norms and substance of Islamic law are more easily understood and implemented.]]>
<![CDATA[POLIGAMI DALAM PERSPEKTIF HUKUM ISLAM (Kajian Tafsir Muqaranah) ]]>
<![CDATA[M Ichsan]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (756.42 KB)
|
DOI: 10.31958/juris.v17i2.1196
<![CDATA[The controversy of the polygamy issues among scholars occurred very sharply, which is almost difficult to find an agreement. Some contemporary scholars are more likely to disagree with the practice of polygamy. The controversy among the scholars in judging the practice of polygamy in society is the author’s reason to examine more specifically the issue in order to get answers to the disputed problems. This research is a library research. It was done by collecting data from books that are related to the problems. This research is descriptive comparative, which studies the comparison of an object, in this case is polygamy according to the Islamic law perspective in the study of the muqaranah (comparison) interpretation. The results of the study is that the controversy of the views of the scholars in terms of polygamy is due to differences in the way of interpreting lafaz amar (marriage orders), namely in the sentence (فانكحوا). Most scholars think that lafaz amar shows to ibahah. Ahlu al-Zhahiryah mentioned that the command of marriage in the surah al-Nisa verse 3 means (obligation) to carry out the order of marriage. Al-Tabariy interpreted that the command to marry in the sentence (فانكحوا) contained in verse 3 of the surah an-Nisa does not mean an obligatory and binding (الالزام) but a teaching الارشاد and notification الاعلام. This is due to the existence of qarinah which turns away the meaning.]]>
<![CDATA[TAKHRIJ AL-FURU’ ALAL USUL PERIODE IJTIHAD DI MASA SHAHABAT DAN TABI’IN (Kajian Sosiologi - Antropologi Hukum Islam) ]]>
<![CDATA[Erwan Erwan]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (712.193 KB)
|
DOI: 10.31958/juris.v17i2.1165
<![CDATA[This research reveals the truth about the reality of Islamic law and its scope. This study was a library research. The data were obtained through the library method, namely by collecting data and materials from books that are relevant to this discussion, by reading, studying, and analyzing all the sources. Sociological-anthropological understanding means discussing the truth of a fact in depth. Law as something that is related to humans, then the relationship between humans and other human beings is in a life interaction. Because without the interaction of life there will be no law (ibi societas ibi ius, zoon politicon). Law serves to regulate relations between people. But not all human actions have their regulation. Only actions or behavior that are classified as legal actions. Legal law relations consist of bonds between individuals and individuals and between individuals and communities. In its efforts to regulate, the law adapts to the interests of society well. As a collection of rules or principles, the law has a general and normative content, the legal principle aims to protect the interests of human beings as social beings. Therefore the law must be obeyed, must be carried out and maintained, but not violated. Humans are given the mind to think, then ijtihad is the deployment of the ability of the brain. The real fact shows that thisdynamics had existed during the Prophet's benediction and tabi'in.]]>
<![CDATA[HUKUM ADAT DI INDONESIA PERSPEKTIF SOSIOLOGI DAN ANTROPOLOGI HUKUM ISLAM ]]>
<![CDATA[Dedi Sumanto]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (361.488 KB)
|
DOI: 10.31958/juris.v17i2.1163
<![CDATA[This paper aims to reveal the implementation of customary law in terms of the form of marriage carried out in several regions in the portrait of the sociology and anthropology of Islamic law. The study was carried out with a socio-cultural approach through phenomena in the field that were in accordance with the literature and empirical observations of each customary event related. The method used is Library Research and observing phenomena in the field regarding customary law that applied in the community. The results of the study in customary law shown that based on reality, social and cultural customary law communities in Indonesia indicated the form of marriage as an Honest Marriage, Semenda Marriage, Free Marriage, Mixed Marriage and Out of Law Marriage as the forms of legal cultural habits that exist in a customary community in the form of unwritten so that the functions and applications can be carried out in accordance with the obedience of the law based on a sense of justice in society and practice in the community where the written law is not always in line with developments in society. It can be conluded that the written rules cannot solve existing problems and sometimes it does not reflect a sense of justice in society.]]>
<![CDATA[TRADISI PEGI TEPAT MASYARAKAT DESA TALANG PETAI KABUPATEN MUKOMUKO DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Jamal Mirdad]]>;
<![CDATA[Al Ikhlas]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (593.908 KB)
|
DOI: 10.31958/juris.v17i2.1176
<![CDATA[Pilgrimage tradition in Indonesia is a phenomenon that has not been eradicated by the times. The more modern and sophisticated technology, the more pilgrims come. In each city and region there are many people who cult certain graves to the point that the tomb can solve their problems. The tradition of the grave pilgrimage or the term in Mukomuko Regency is "pegi tepat." It is a traditional practice carried out every year. Many practices that come from outside the teachings of Islam even there are deviations from the teachings of Islam itself such as: prostration on the grave, asking for healing, enliven the grave and combining between tradition and religion. ]]>
<![CDATA[STRATEGI PENGELOLAAN ZAKAT DALAM UPAYA PENGEMBANGKAN USAHA PRODUKTIF (Studi Kasus Pada BAZNAS Kabupaten Bungo) ]]>
<![CDATA[Muklisin Muklisin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (460.513 KB)
|
DOI: 10.31958/juris.v17i2.1174
<![CDATA[Zakat management is an activity of planning, organizing, implementing, and supervising the collection, distribution, and utilization of zakat. Zakat management is carried out by Amil Zakat Agency formed by the government which is organized in the form of an agency or institution. The management system of Amil Zakat Agency (BAZNAS), as a zakat management institution established by the government, is still not optimal and less trusted by the public or muzakki. This means that the performance still needs to be improved to maintain the continuity of the benefits of the use of zakat and infaq. Therefore, BAZNAS must be able to make a strategy in managing zakat, especially in developing productive businesses so that it can provide and help the productive businesses for citizens so they can develop the economy of their own family.]]>
