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[REVITALISASI ZAKAT DAN WAKAF SEBUAH SOLUSI KEMISKINAN DI INDONESIA ]]>
<![CDATA[Syukri Iska]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2132
<![CDATA[Islamic community is always identical with poverty. This reality seems cannot be ignored. The fact shows that most of poverty countries come from Islamic communty. Indonesia as a developing country is one of poverty countries. It has a lot of Moslems. However, these are many problem appear, such as inflation, depreciation, education, and health problem. As a matter of fact, Islam apposes poverty there are many ayats and hadits (prophet’swords) state the danger of poverty. This danger can threat individual as well as community. And, it can also threat belief, faith, moral, throught, and culture.]]>
<![CDATA[TIPOLOGI PELAKSANAAN KEWAJIBAN NAFKAH LAHIR SUAMI YANG BERSTATUS NARAPIDANA PERSPEKTIF HUKUM ISLAM (Studi Analisis Interpretasi Teori Qira’ah Mubadalah) ]]>
<![CDATA[Yulmitra Handayani]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.1882
<![CDATA[Obligations of conjugal need by a husband, also with the issue of responsibility and the husband's condition to provided. As a prisoner makes a polemic to be provided obligation of the husband. the loss of independence and restrictions on movement cant liability, for physically and mentally. Through this research there are can be discussed; first, how to implement the obligations of a prisoner's husband's conjugal need, and how to understand of living according to Islamic law views this crucial issue. The aim to find the burden of conjugal need status the implication by a husband, which becomes constrained and then as a prisoner. This study was analyzed using a sociological-empirical approach. The results obtained from this study, there are three typologies in the implementation of livelihood obligations of husbands who are prisoners in Rutan Batusangkar; First, implemented with the business going on, and producing. The second is not implemented, the provision of income is inadequate, and the third is not carried out, the opposite is the case, the wife always spends her husband during the criminal period. The view of Islamic law in this case doesnt contradictions, although other side liability for the husband must be fulfilled. Islam seen this with two legal standing, the first is the obligation to maintain a living on the typology of implementation. Second, conjugal need obligations fall and become debt to the typology of the implementation of less and not implemented.]]>
<![CDATA[METODE ISTINBAT DALAM KITAB TAWDIH AL-AHKAM MIN BULUGH AL-MARAM KARYA AL-BASSAM (1346-1423 H) ]]>
<![CDATA[Parlindungan Simbolon]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2080
<![CDATA[The tittle of this research: Istinbat Methods in The Book of Tawdih al-Ahkam Min Bulugh al-Maram was Written By al-Bassam (1346-1423 H). al-Bassam is one of the contemporary Islamic scholar that has succeed in Hadith and Istinbat of the law in his book Tawdih al-Ahkam Min Bulugh al-Maram, before istinbat, al Bassam had arranged Hadith into its tittle (thematic) and then explained the quality of Hadith and its words. The main problem of this research : how are steps and methods of istinbat al-Bassam? How is istinbat of al-Bassam for ikhtilaf problems?. This research is aimed to find out steps and methods of istinbat al-Bassam in law, istinbat al-Bassam in ikhtilaf problems and istinbat al-Bassam toward contemporary problems. The data of this research was collected through library research that emphasize on textual study. And then the data was analyzed by using content analysis to get the conclusion. This research has found out that al-Bassam before istinbat of law, he had arranged Hadith based on its tittle and explained quality and its words. Al-Bassam did istinbat of law from the Hadith by using bayani and istislahi method. And then dealing with ikhtilaf al-Bassam was used to methods ‘ard al-aqwal, munaqasyah al-adillah dan al-tarjih. ]]>
<![CDATA[WANITA KARIR DALAM TINJAUAN MAQASHID AL-SHARI’AH ]]>
<![CDATA[Muhammad Ichsan]]>;
<![CDATA[Erna Dewi]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2108
<![CDATA[Today's society considers that women's duty is not only helping her husband take care of the household, but also studying as high as possible to have career in order to channel their abilities and education.The current needs of life are increasingly forcing them to work and leave home to help their husbands meet their daily needs for themselves and their families. Women are allowed to be outside the house provided that they can protect themselves from evil, adultery and harm to themselves.A married woman may be outside the house on condition that she gets permission from her husband, covers her genitals, and does not use colognes, jewelry or anything excessive that can attract the attention of other men or even provoke lust and cause defamation. Meanwhile, single one must get permission from her parentsin order to maintain her honor and theirs, because the goal is onlyto run the Islamic sharia properly and get His pleasure.]]>
<![CDATA[KAJIAN FAKTOR PSIKOLOGI YANG BERPOTENSI MEMPENGARUHI KEBERHASILAN RUKYAT ]]>
<![CDATA[Ridhokimura Soderi]]>;
<![CDATA[Ahmad Izuddin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.1930
<![CDATA[The success factor in hilal is not only related to astronomical aspects. However, it is also closely related to perukyat’s psychological itself. In psychology, experience is one aspect studied as a scientific study of behavior and mental processes. Psychology uses a systematic method to observe human behavior and draw conclusion from this observation. Some psychological aspects of the perukyat are vision, perception, attention, concentration, and experience. Thorndike's law effect theory states that if an action is followed by a satisfactory change in an environment, the possibility of that action to be repeated tends to increase. That experience is an ability to decide on something because of the knowledge that has been obtained previously. In everyday human life, human experience always forms a unity in certain patterns and configurations. The rukyat technique used by Inwanuddin is in line with psychological theories, namely rukyat before ghurub which aims to increase concentration, then many experiences also affect the subsequent results of rukyat. Some levels of experience obtained based on the data and results of the interval class calculation are: 1-5 times is less experienced, 6-10 times sufficient experience, 11-15 times experienced, 16-20 times very experienced.]]>
<![CDATA[UPACARA KEMATIAN PADA MASYARAKAT NAGARI TALUAK KECAMATAN LINTAU BUO KABUPATEN TANAH DATAR DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Siska Elasta Putri]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.1997
<![CDATA[The death ceremony is one of the traditional ceremonies carried out by the community in Nagari Taluak, Lintau Buo District, Tanah Datar regency. The implementation of this ceremony began from the first day the body was buried until the next hundred and ten days. The problem arising is how does the Islamic law perspective view the implementation of this traditional death ceremony? The method used in this research is qualitative method. Data collection was carried out by participatory observation and in-depth interview. The research findings are (1) if the ceremony is carried out by praying together, in the sense that the priest presides and the others agree, then there is no prohibition, (2) if the ceremony is held by holding a banquet, where the family of the deceased cooks food even to slaughter cows or goats, the priests of the four and the scholars agree that the act is makruh, (3) but it is permissible if it aims only to entertain the guests with the intention only to glorify them.]]>
<![CDATA[IHTIKAR: PERILAKU MENIMBUN DALAM KAJIAN MUAMALAH ]]>
<![CDATA[taufiq taufiq]]>;
<![CDATA[Razali Razali]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2130
<![CDATA[Fiqh termed hoarding goods with the word ihtikar, various definitions were given by the jurists about Ihtikar. In the context of conventional economic Ihtikar synonymous with monopoly. Prohibition of ihtikar in Islam in order to realize justice in the market between producers and consumers. There are three categories of ihtikar law in fiqh muamalah, which are haram, makhruh and may. illat ihtikar incompetence is on goods that are needed by many people and becomes expensive if it is controlled by one party. Islam provides space for the government to intervene in the market so that the circulation of people's needs in the market takes place normally. Even in the study of siyasah muamalah, the jurists advocated the formation of the Hisbah to control the market mechanism in order to realize economic justice.]]>
<![CDATA[DISHARMONISASI ANTARA MAHKAMAH KONSTITUSI DAN MAHKAMAH AGUNG DIHUBUNGKAN DENGAN ASAS KEPASTIAN HUKUM (Studi Putusan Nomor 30/PUU-XVI/2018 dan Putusan Nomor 65 P/HUM/2018 dengan Pemohon Oesman Sapta Odang) ]]>
<![CDATA[Angghie Permatasari]]>;
<![CDATA[Lusy Liany]]>;
<![CDATA[Amir Mahmud]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2043
<![CDATA[Disharmonization between the Constitutional Court's Decision and the Supreme Court's Decision related to the case of the executive (functionary) of political parties in the nomination of DPD RI members in the 2019 General Election. The research method used was normative juridical research, using secondary data. The results of the discussion are: First, disharmony between the Constitutional Court Decision Number 30 / PUU-XVI / 2018 and the Supreme Court Decision Number 65 P / HUM 2018 in the nomination of DPD RI members in the 2019 General Election related to the phrase "other work" in Article 182 letter l of the Election Law. Second, as a result of the two decisions, the Election Commission issued a KPU Regulation as the implementation of the Constitutional Court's Decree containing a ban on the "functionary" management of political parties not allowed to nominate as members of the DPD RI in 2019. Third, in the arguments that contradict each other / disharmony Islamic teachings are familiar with Islamic teachings. the existence of Ta'arud Al-Adillah by way of Al-Jam'u wa taufiq. As for the suggestions in this paper: First, it is hoped that in the future all testing of legislation will be made as one roof in the Constitutional Court or in the Constitutional Question. Second, the KPU is still guided by the latest PKPU in the implementation of the coming elections as the implementation of the Constitutional Court's decision. ]]>
<![CDATA[TANGGUNGJAWAB NEGARA TERHADAP KEBAKARAN HUTAN DAN LAHAN DALAM PERSPEKTIF HUKUM NASIONAL DAN ISLAM ]]>
<![CDATA[Syafi’ul Anam]]>;
<![CDATA[Muhammad Afdhal Askar]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2100
<![CDATA[The responsibility given by the state to the occurrence of forest and land fires so far has not been considered optimal. Whereas the state has responsibilities towards its citizens, one of which is in ensuring the rights of citizens to get a clean and healthy environment. The liability referred to arises from the legal relations between the countries as mentioned in the fourth alinia of the Preamble of the 1945 Constitution through the phrase "protecting the entire Indonesian nation and the whole of Indonesian blood". Whereas in the Islamic perspective it also regulates that the purpose of the state is to create benefit for its citizens. Therefore, various losses to citizens due to forest and land fires should have been the responsibility of the state. So that what is demanded from the role of the State is not only prevention but also overcoming various impacts of losses caused as a result. Research is a normative juridical study using secondary data as the main. The nature of this research is qualitative.]]>
<![CDATA[TAFSIR FIKIH DALAM KHAZANAH PENAFSIRAN ALQURAN ]]>
<![CDATA[Arif Zunzul Maizal]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.1669
<![CDATA[The interpretation of the Koran as a sacred text turns out to not escape subjectivity. This can be seen from the rapid development of interpretation which is influenced by the subjectivity or tendency of each mufassir. Jurisprudence between trends or patterns of interpretation is growing rapidly, so it requires in-depth discussion and study. Discussion about the nature of fiqh interpretation is done through library research on fiqh interpretation works, beginning with collecting related references then discussing with using descriptive, analytical and comparative methods. From these discussions, several conclusions were formulated. First; the attention of scholars to the interpretation of fiqh is very large, this is evident in the many books of fiqh interpretations, both in the form of interpretations of fiqh verses in a special way, interpretation of fiqh verses in a thematic manner and interpretation of fiqh verses together with other verses in one interpretation book. Second, the method of istinbath fiqh law greatly influences the method of fiqh interpretation, so that differences in fiqh interpretation follow the polarization of fiqh schools. Third, some jurisprudents of fiqh interpretation are trapped by the tendency of the school they follow so that fiqh interpretation becomes a justification tool for the existing fiqh opinion concept.]]>
