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[ANALISIS KRITIS KONSEP KEPEMILIKAN HARTA DALAM ISLAM ]]>
<![CDATA[Fitri Utami]]>;
<![CDATA[Dini Maulana Lestari]]>;
<![CDATA[Khaerusoalikhin Khaerusoalikhin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2330
<![CDATA[Wealth or property is the esential thing which has a thighten relationship throug human life. Islam has already well organized regarding to wealth or property ownership. One of Islamic property ownership concepts is Ihrazul Mubahat which means free property ownership. However, is ihrazul mubahat concept appropriate if it is implemented in Indonesia? While as known as Indonesia has two resources of law, those are positive law and sharia law. The purpose of this article is to discuss deeply regarding to implementasion of ihrazul mubahah concept in Indonesia, and this is kind of descriptive qualitative method research throgh library research approach. The result of this research revealed that in Islamic property and ownership specifically ihrazul mubahat concept needs such a regulation in the term of Islamic law regarding to enrole of ihrazul mubahah concept properly, thus it can be adapted into Indonesia’s law system.]]>
<![CDATA[ALIRAN PEMIKIRAN USHUL FIQH DAN PENGARUHNYA TERHADAP PENDEKATAN HUKUM ISLAM ]]>
<![CDATA[Hanif Aidhil Alwana]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2375
<![CDATA[Law is the result of Fuqaha's ijtihad regarding an act of mukallaf, in its understanding Islamic law is derived from the al-Quran and Sunnah. Although the existence of the al-Qur`an and the Sunnah is not in doubt, the understanding of law from these sources often experiences ikhtilaf (differences) of opinion, besides this the risk of causing divisions in society, these problems are influenced by schools of legal thought. This paper will describe the history of these schools of thought and their relevance in establishing law. The method used was descriptive analysis, with a qualitative approach based on the content (content analysis) of previous writings. In this paper, it is found that the difference in legal opinion is influenced by the way of thinking of the mujtahid which is divided into mutakallimin schools which are identical to understanding the legal text; fuqaha with the style of rules and legal reasons extracted from the law-making text (syari`) or also termed a contextual style; and a combination that seeks to combine the two types of legal understanding, this gives birth to different legal features. This is the scientific treasure of Islamic law which must be developed in the future to always exist in answering legal problems in the future.]]>
<![CDATA[BIRO JODOH ONLINE: KEGUNAAN DAN DAMPAK ]]>
<![CDATA[Regita Amelia Cahyani]]>;
<![CDATA[Rizqa Febry Ayu]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2362
<![CDATA[Along with the development of technology in the digital era, it is increasingly easier to access communication. Various applications used in the process of finding a partner. One of them is the emergence of an online matchmaking application which is experiencing rapid development. So that the transition to the concept of matchmaking from conventional to online is not new, along with the times. This research focuses on the implications for today's online matchmaking agencies. This research used a qualitative approachand using descriptive analytical method. The results showed thatonline matchmaking agencies, although they have positive and negative impacts for their users, but it is not an obstacle for partner seekers through cyberspace.]]>
<![CDATA[FORMULASI RECHTSVINDING DENGAN PENALARAN ANALOGIS DALAM EPISTEMOLOGI HUKUM ISLAM (Telaah Metodologis Qiyas sebagai Ra’y terhadap Mashâdir al-Ahkâm asy-Syar’iyyah) ]]>
<![CDATA[Muhammad Syarif Hidayatullah]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2490
<![CDATA[The background of this study is rechtvinding (legal discovery efforts) must be carried out to describe contemporary cases and then establish the law so that there is a legal status.. The qiyas method is a rechtvinding tool with analogical reasoning in the study of the epistemology of Islamic law. Qiyas is the use of ra'y against mashâdir al-Ahkâm asy-Syar'iyyah (al-Qur'an and sunnah) and is one of the secondary legal arguments agreed upon by jumhur scholars. This paper aims to study methodologically the flow of thinking and work patterns of rechtvinding through qiyas. Rechtvinding formulation with the qiyas method is carried out by equating the law of something that has no legal provisions with something that already has legal provisions in the text of the al-Qur'an and sunnah because of the equality of 'illat between the two. In the application of qiyas, there are pillars that must exist, namely ashl, far ', hukm al-ashl and' illat, each pillar has conditions that must be met as legality. With the similarity of 'illat, it can be applied qiyas between ashl to far'. 'Illat is divided into' illat manshushah and 'illat mustanbathah and methodologically there is a method of investigation to find out' illat which is called masâlik al-'Illat.]]>
<![CDATA[IMPLEMENTASI PENDISTRIBUSIAN ZAKAT FITRAH DI DESA KUTA TINGGI ACEH ]]>
<![CDATA[Khairuddin khairuddin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2230
<![CDATA[Zakat Fitrah is issued during the month of Ramadan. Every Muslim must release 2.8 kg of rice, both children and adults. The purpose of giving zakat is to clean the soul of muzakki, in addition, to ease the burden on the poor so as to cause compassion among humans. Through this research can find out how the implementation of the distribution of Zakat Fitrah in Kuta Tinggi village and how the Islamic legal review of the distribution of Zakat Fitrah in Kuta Tinggi Village. This study uses qualitative descriptive. The results of the study obtained the distribution of Zakat Fitrah in Kuta Tinggi village one day before the feast day and given to four asnaf, namely the general public, amil, Islamic boarding school children and mosques. Reviewing Islamic law, giving alms to all people and mosques does not have a foundation because those who are entitled to get Zakat Fitrah have been determined by Allah in al-Qur'Aan surah Al-Taubah verse 60.]]>
<![CDATA[IJTIHAD HAKIM PENGADILAN AGAMA PADA PERKARA POLIGAMI ]]>
<![CDATA[Ashabul Fadhli]]>;
<![CDATA[Fathur Rahmi]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2429
<![CDATA[This study discuss about the ijtihad of the Religious Court Judges in providing legal considerations on cases of polygamy permit applications. Every decision on a polygamy permits that granted or not granted proves that there are efforts and hard work of judges in realizing and even interpreting primary and secondary sources of law in the trial process. One of the copies of the case the writer found the Judge giving strict consideration between the necessity referring to the statutory basis or to the basis of fiqh. As a legal research, this research carries out library research using the juridical-normative approach. This study takes data from a copy of the case in the Supreme Court's decision3 thematically. The results of this study indicate that the judge's Ijtihad in setting aside the primary legal basis and prioritizing fiqh considerations, even the opinion of Islamic law experts, aims to attract the benefit of the applicant's household. This finding confirms that the judge's ijtihad has an important role in producing legal decisions.]]>
<![CDATA[KRITIK TERHADAP KOMPILASI HUKUM ISLAM TENTANG KETENTUAN HARTA BERSAMA DALAM PERKAWINAN ]]>
<![CDATA[Elimartati Elimartati]]>;
<![CDATA[Elfia Elfia]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2283
<![CDATA[The development and social change of the community gives impact to the regulation of the collective assets of marriage. This paper will analyse the State Act of No.1 year 1974 the 35th Article and the compilation of Islamic law (KHI) especially the Article of 1f stating about the definition of the collective asset. This research is a normative law research. It used qualitative approach. Data was analysed through content analysis. Some of the finding shows that personal property and asset becomes the collective asset caused by the marital status. Actually this changing should be stated and witnessed by the penghulu who committed the couple at the beginning of the marriage. The purpose is to avoid illegal changing of the property or asset. The regulation in Indonesia has not yet organized this case as well as possible. It must be reformulated again. Colletive asset causes the changing of responsibility to a husband in giving money to live his wife. In KHI especially in Article 80 described about the the property and asset which can be used to making a living; they are personal asset and or shared asset gathering along the marriage.]]>
<![CDATA[IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015 PADA PENGADILAN AGAMA SAWAHLUNTO ]]>
<![CDATA[Muhammad Farhan]]>;
<![CDATA[Eficandra Eficandra]]>;
<![CDATA[Roni Efendi]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2234
<![CDATA[The urgency of this research is to examine the implementation of the Supreme of the Court Circular Number 3 2015 on the addition of livelihoods for children from 10% to 20% per year. Since the determination Supreme of the Court Circular in the Family Court of Sawahlunto, in 2018 were 7 decisions have been made, 3 to applicated and 4 doesn’t. The inequality when considering the jury leads to three fundamental questions: What is the position of Supreme of the Court Circular in the concept of the positivist legal philosophy? What are the Judges considerations to implementing and not implementing Supreme of the Court Circular? Howabout the Islamic Law perspective to Supreme of the Court Circular in terms of adding child livelihood? To answer the object of research, the implementation Supreme of the Court Circular Family Court Sawahlunto is extensively examined as sociological/ empirical legal research. The results of this research philosophically Supreme of the Court Circular is a harmonization between Islamic law and positive law, on the condition that Supreme of the Court Circular offers the jury a guarantee of legal certainty when deciding on the addition of a child. Consideration of the jury in the implementation of Supreme of the Court Circular to ensure that children's livelihoods are met in terms of economic needs that further improve and maintain descendant relationships for those who do not implement Supreme of the Court Circular due to the limited ability of their fathers. Supreme of the Court Circular’s perspective on Islamic law regarding the addition of a child at 10% to 20% per year is relevant to the problem of the Maslahah Mursalah, which is to maintain hereditary relationships.]]>
