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[Future Gold Commodity: Indonesian Ulema Council Vs Lajnah Daimah lil Buhuts al-’Ilmiyyah wal Ifta ]]>
<![CDATA[Ayu Rahayu Nurhalizah]]>;
<![CDATA[Ach Fageh]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.3647
<![CDATA[Technological developments have made it easier to buy gold. Buying gold in installments or online is currently a trend and growing in Indonesia. Buying and selling transactions like this have not been explained in detail in classical fiqh. This research is a normative research with a comparative approach, namely comparing the laws of a country with the laws of one or more other countries regarding the same case. The data analysis techniques used in this article are in the form of data reduction, data presentation, and drawing conclusions. The results of this study state that there are differences of opinion between the Indonesian Ulema Council and the Saudi Arabian Fatwa Institute. The Saudi Arabian fatwa institution issued a fatwa regarding the prohibition of buying and selling gold in futures, because gold is a type of usury property and contains 'illat as a unit of price or means of payment. Meanwhile, the National Sharia Council of the Indonesian Ulema Council stipulates a fatwa regarding the permissibility of buying and selling gold in cash or futures, because at this time, gold is no longer a price (tsaman), but gold is an ordinary merchandise or commodity. The discussion about buying and selling gold is in the realm of ijtihad, which is inseparable from differences of opinion (khilafiyah), because there is no definite text in this matter. ]]>
<![CDATA[Implementation of the Hybrid Contract Concept in Multiservice Ijarah Financing as a Financing Alternative Health Service in the Covid-19 Pandemic ]]>
<![CDATA[Darti Busni]]>;
<![CDATA[Doli Witro]]>;
<![CDATA[Iwan Setiawan]]>;
<![CDATA[Nana Herdiana Abdurrahman]]>;
<![CDATA[Raid Alghani]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5173
<![CDATA[This article discusses applying the hybrid contract concept in multiservice ijarah financing as an alternative to financing health services. This is important to study because health services are one of the most urgent things in the current Covid-19 pandemic. This article aims to determine the form of contracts contained in multiservice ijarah financing as an alternative to financing health services in the Covid-19 pandemic. This type of research is normative legal research. The data were obtained from library materials such as books, journals, etc. The analysis results show that health financing can be carried out in two ways: the ijarah contract, which begins with the bank through investors doing the health institution after making the contract, and the wakalah contract through the customer himself. People who have financial problems paying for health costs with multiservice ijarah transactions can apply for health financing to Islamic Financial Institutions for their families to minimize deaths before treatment in the Covid-19 pandemic.]]>
<![CDATA[The Reconstruction of High-Inherited Wealth in Minangkabau through Cash Waqf Movement ]]>
<![CDATA[Eficandra Eficandra]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5850
<![CDATA[The development and demands of modern life results in the decrease of role and existence of high-inherited wealth in Minangkabau. This fact requires a reconstruction of the development of high-inherited wealth in Minangkabau. One of them is through cash waqf movement which is an alternative in developing and empowering the people’s economy. This paper aims at explaining the reconstruction of high-inherited wealth in Minangkabau through the cash waqf movement. This study tried to offer solutions and alternatives in restoring the role and existence of high-inherited wealth in Minangkabau through the cash waqf movement. By using a qualitative approach, this study found that the cash waqf movement can restore the role and position of high-inherited wealth in Minangkabau in the following forms; first, returning or reclaiming the pawned assets and increase the number of assets through the cash waqf movement from all members of the tribe or clan. Second, striving for the legality of these assets by changing the certificate into waqf property. Third, managing the high-inherited assets productively and share the profits for the economic needs and welfare of the people or tribe. Assets management and development through the cash waqf movement can be used as a model for other communities, especially the Minangkabau community in managing people’s or tribal assets and improving the welfare of the people.]]>
<![CDATA[Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts ]]>
<![CDATA[Dodon Alfiander]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5716
<![CDATA[This paper aimed at exploring judges’ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judges’ decision and the results of judges’ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.]]>
<![CDATA[Implications of the Pagang Gadai Contract on Disharmony Social Actors in Minangkabau Community ]]>
<![CDATA[Syukri Iska]]>;
<![CDATA[David David]]>;
<![CDATA[Elsy Renie]]>;
<![CDATA[Ifelda Nengsih]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5647
<![CDATA[This study aims to explore the implementation of the pagang gadai contract and identify its impact on the social disharmony of actors in the Minangkabau community. The category of this research is ethnography, with data collection techniques through in-depth interviews with 13 people as resource persons who were determined based on purposive sampling and snowball sampling, located in 5 Nagari in Tanah Datar Regency, as a representation of the Nagari of origin of the Minangkabau people. The results of the study found that the implementation of pagang gadai as a form of part of debt and receivable transactions has many variants in processing and utilizing the results of the object of pawning land. Some are managed by the pawnbroker (the debtor) with some of the proceeds destined for the pawnbroker (the debtor), in addition, some are managed by the pawnbroker with the proceeds of the object being fully under his control. As for the impact on social relations, there has been disharmony, both internal to the pawnbroker and between the pawnbroker and the pawnbroker, which is caused by inconsistencies in the implementation of customary norms and rules, unequal paradigms in following up on awareness of mistakes in the implementation of pawning so far, and also because authoritarian leadership pattern on “mamak” as tribal head.]]>
<![CDATA[KONSTRUKSI PEMIKIRAN PEMBAHARUAN HUKUM KEWARISAN ISLAM DI INDONESIA (STUDI YURISPRUDENSI MAHKAMAH AGUNG) ]]>
<![CDATA[Anugrah Reskiani]]>;
<![CDATA[Dian Furqani Tenrilawa]]>;
<![CDATA[Aminuddin Aminuddin]]>;
<![CDATA[Rahman Subha]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5564
<![CDATA[Artikel ini mengkaji konstruksi pemikiran/istinbath yang ada dalam putusan mahkamah agung yang telah berstatus sebagai yurisprudensi berkaitan dengan hukum kewarisan. Yurisprudensi merupakan salah satu produk hukum yang hadir dalam rangka mengisi kekosongan hukum untuk menyelesaikan kasus hukum yang dasar hukumnya tidak dijelaskan secara terperinci dalam perundang-undangan. Yurisprudensi dalam kewarisan sering mendapati kritik dari golongan konservatif disebabkan penemuannya sering bertentangan dengan hukum Islam. Penelitian ini merupakan penelitian teks dengan metode deskriptif-analitis melalui pendekatan kontekstual. Hasil penelitian ini adalah penulis menilai konstruksi hukum yang dibangun oleh yurisprudensi Mahkamah Agung bercorak Universalisme Transformatif, hal ini terlihat dari putusan wasiat wajibah dan ahli waris pengganti yang berdasar pada ijtihad intiqa`i dan extra doctrinal. Sedangkan dalam memutuskan perkara bagian laki-laki dan perempuan yang disamakan bagianya hal tersebut dirumuskan oleh kelompok modernis dengan pertimbangan sosiologis masyarakat adat.]]>
<![CDATA[Maṣlahah and Justice in the Formulation of the Law: A Critic on the Formulation of Job Creation Law ]]>
<![CDATA[Desip Trinanda]]>;
<![CDATA[Abrar Abrar]]>;
<![CDATA[Muhammad Taufik]]>;
<![CDATA[Fadhilatul Husni]]>;
<![CDATA[Diah Febri Utami]]>;
<![CDATA[Fauzi Yati]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.4718
<![CDATA[This study aims to explain the process of formulating the Job Creation Law from the prespective of siyāsah tasyri'iyyah. This research is a library research using library collection materials with a descriptive-analytical approach. The result indicates that the principles of the formation of laws and regulations in Siyasah Tasyri'iyyah have not been fulfilled because; First, the presence of the omnibus law method in the process of formulating the Job Creation Law has basically demonstrated the principle of expediency, only that normatively omnibus law has not been regulated in the Law on statutory regulations. Second, the making of the Job Creation Act violates the gradual formation of laws and regulations, it can be seen that the preparation of the Job Creation Act was carried out in a hurry, causing considerable errors. Third, the principle of eliminating difficulties and narrowness has not been fulfilled because it is detrimental to workers. Fourth, the principle of realizing equal justice is not fulfilled, given the limitations in the Job Creation Law which can create legal uncertainty.]]>
<![CDATA[Qawā’id Fiqhiyyah as Islamic Epistemology and its Application at Marriage Law in Indonesia ]]>
<![CDATA[Ansori Ansori]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5529
<![CDATA[Qawā'id fiqhiyyah is a scientific field related to the methodology and philosophy of Islamic law. Qawā'id fiqhiyyah has been widely used as a basis to solve legal problems in society. As a philosophy, qawā'id fiqhiyyah is used as the basis for philosophical thinking to develop and discover new laws. This function of qawā'id fiqhiyyah is closely related to epistemological studies. This paper analyzes and proves that scientifically qawā'id fiqhiyyah is an epistemology in Islamic law. In addition, this paper also provides concrete evidence of the use of qawā'id fiqhiyyah as an epistemology of Islamic law. The study of qawā'id fiqhiyyah as an epistemology refers to the epistemological concept of Muḥammad 'Ābid al-Jābiriy. The examples of its use or application to the provisions of marriage law are contained in Law Number 1 of 1974 and the Compilation of Islamic Law. It shows that the function of qawā'id fiqhiyyah according to the epistemological concept of al-Jābiriy, is as guardians and developers of legal texts (Al-Qur'an and Hadith) as well as inventors of new laws.]]>
<![CDATA[Forced Marriage: Implementation of the Mandatory Provisions of the Bride’s Consent in Indonesia ]]>
<![CDATA[Syahrul Mubarak Subeitan]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5581
<![CDATA[This paper aims to explain the relevance of the text (naṣ) and the provisions on how the rules for the consent of the bride and groom must be met with the problem of forced marriage in Indonesia. This paper is a qualitative research with a juridical-normative approach which is analyzed using a thematic-holistic method. The results show that the support of the two prospective brides is absolute in marriage, although in Islamic law, there are schools of thought that state the right of ijbar wali (forced marriage). Based on this, the meaning of marriage can be achieved with the following indicators: First, there is pleasure between the bride and groom, and they have known each other and agreed to carry out the marriage so that the marriage can be carried out safely and peacefully; Second, it can avoid acts of domestic violence due to marriages that do not have the pleasure of the bride and groom; Third, prioritizing willingness to achieve the purpose of marriage; and Fourth, obedience to God based on Islamic teachings. These indicators expect to overcome the problem of forced marriage so that a family is sakinah, mawaddah, warahmah.]]>
<![CDATA[Indonesian Religious Court Decisions on Child Custody Cases: Between Positivism and Progressive Legal Thought ]]>
<![CDATA[Suci Ramadhan]]>;
<![CDATA[JM. Muslimin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5723
<![CDATA[Indonesian judges of Religious Court in deciding child custody cases have different legal reasoning. Some preferred to use juridical reasoning and others use progressive and sociological reasoning. This different legal reasoning causes various insights in the meaning of justice for child custody. This study aims to analyze the positivistic and progressive Islamic legal thought in judges' decisions of child custody cases. This is normative legal research with statutory and case approaches. The legal material is six judges' decisions and is supported by books, scientific article, statutes, and interview. Then, it is analyzed by content analysis. The result states that judges who use textual reasoning tend to decide that child custody is the mothers right, referring textually to an article 105 of the Islamic Law Compilation. Meanwhile, the other judges who prefer to contextual reasoning, decide that child custody is the fathers right. The textual reasoning is steered by legal-positivism: logical coherence of the text is the main method in concluding decision. The contextual reasoning is driven by sociological as well as critical-progressive thought: deconstruction of legal text, contra legem approach by qiyâs (analogy) and istiḥsân (legal teleology), to produce the justice values based on child interests and parents conditions.]]>
