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Arifki Budia Warman
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INDONESIA
JURIS (Jurnal Ilmiah Syariah)
Published by Institut Agama Islam Negeri Batusangkar
ISSN : 14126109     EISSN : 25802763     DOI : http://dx.doi.org/10.31958/juris.v21i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 21, No 2 (2022)" : 8 Documents clear
The Understanding of the Jamaah Tabligh on Wife Gender Justice: A Maqāṣid Sharīʿa Review Dri Santoso; Yusefri Yusefri; Laras Shesa; Musda Asmara; Sheikh Adnan Ahmed Usmani; Ahmad Syarifudin
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6935

Abstract

This research explained the concept of gender justice based on maqāṣid sharīʿa. The concept of gender justice will be used to criticize the teaching of Jamaah Tabligh, which often marginalizes womenfolk in their families. This study is field research that uses the normative approach. The data-collecting techniques of this research are interviews and documentation. The analysis technique of this research is descriptive. The findings of this research were the concept of gender justice of maqāṣid sharīʿa based on that which has the fundamental basis; namely, benefit, and it also cannot be generalized between women another. In Jamaah Tabligh's teaching context, several things should be criticized; negative stigma toward the wife, the wife's livelihood, the children who have been left for months, even years, and the obligation to support the preaching that the husband does. The Jamaah Tabligh's doctrine toward wife is the determining factor for good or bad of human life. This doctrine is not suited to maqāṣid sharīʿa hifdz al-irdl's concept (maintaining honour's concept). Legally the husband is obliged to protect his wife's honor (hifdz al-irdl Jawzah), either physically or psychologically.
Constitutionalizing Sharia: Identity and Independence of Islamic Politics Among Students Khamami Zada; Mundzeir Suparta; Bambang Ruswadi; Harapandi Dahri; Mualimin Mochammad Sahid
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6954

Abstract

The emergence of Islamic political aspirations in Indonesia always occurs along with the development of national politics. It is delivered not only by Islamic elites from Islamic parties and Islamic movements but also by university students. This study explores the Islamic political aspirations of Islamic High School (STAI) students with a focus on the basic issues of the state, Islamic law, political system (democracy/Islamic caliphate), and the way to deliver the aspirations. This is quantitative research in which the data were collected through a representative survey in each province involving 222 university students in the fifth semester in the provincial capital, as the samples were allocated disproportionately to each selected university. This quantitative study was strengthened by qualitative data that were extracted by interviewing the directors of STAI in Padang, Semarang, Jambi, Kupang, Banjarbaru, and Samarinda. The findings of this study showed that Islamic political aspiration among university students was about the aspiration to implement Islamic law as state law in the Islamic caliphate system. The university students did not want democracy as a political system that implements Islamic law. These Islamic political aspirations are not delivered through violence but are expressed constitutionally. This Islamic political aspiration is built by integralistic/conservative religious identity and political independence/autonomy of university students.
Staying at Home: The Perspectives of Minangkabau Ulemas Concerning Husbands' Provision of Sustenance in Covid-19 Impacted Households Fatahuddin Aziz Siregar; Azhari Akmal Tarigan; Nofialdi Nofialdi; Febri Yulika; Iswandi Syahputra; Nurhayati Nurhayati; Benny Ridwan
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6551

Abstract

The article discusses the perspectives of Minangkabau ulemas in West Sumatra concerning the ruling for husbands incapable of providing a living for their wife as a result of the COVID-19 pandemic. In West Sumatra, some husbands were unable to provide sustenance to their wife because they were dismissed from their employment due to the COVID-19 pandemic. The study findings are highly specific as Minangkabau customs and culture are grounded on a matrilineal system, yet they remain to be based on Islamic sharia. The research data were acquired by in-depth interviews with three influential ulemas in West Sumatra and a prominent customary figure who is the Chair of the Minangkabau Adat Council. The study found that according to the Minangkabau customary and cultural perspective, husbands are duty-bound to earn a living outside their home while their wife remains at home. Such spousal relationship has an impact on the wife’s acceptance of the husband who became jobless since they were dismissed on account of the pandemic. A condition wherein wives can accept being married to a husband incapable of providing a living on account of the COVID-19 outbreak does not become a legal issue. Accordingly, the study will have implications on the formation of new categories concerning the husband’s obligation to provide sustenance to his wife during a state of emergency.
Islamic Criminal Law Study on The Seizure of Corruptor Assets as an Indonesian's Criminal Sanction in The Future Syariful Alam; Yaris Adhial Fajrin; Sholahuddin Al-Fatih; Merve Ozkan Borsa
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6722

Abstract

The current job transformation is one of the challenges for the state of Indonesia. Crimes over time have been carried out systematically, including corruption. The interesting thing about the development of efforts to combat corruption is the development of the concept of returning state finances. Legal entities in Indonesia have long experienced legal pluralism, as can be seen from the configuration of the community that carries out Islamic criminal law and customary law as local wisdom. This study uses a normative approach with secondary data support with the specification that the confiscation of corruptor's property in Islamic criminal law is divided into: Reproaches and reprimands/warnings, dismissing from his position (al-azl min al-wadzifah), by beating (whipping), punishment in the form of property (fines) and physical punishment, exile, crucifixion, death penalty. The relevance between these concepts is a form of legitimacy for the legal significance that comes from the beliefs and needs of the community. This article raises the concept of positive law with concepts in Islamic criminal law to find the relevance of the two which will later become part of the effort to function Islamic criminal law into Indonesian positive law in order to achieve the goal of a fair law and reduce corruption.
Reduction of Digitalization Policy in Indonesian MSMEs and Implications for Sharia Economic Development Reza Octavia Kusumaningtyas; Rahayu Subekti; Abdul Kadir Jaelani; Asron Orsantinutsakul; Utkarsh K Mishra
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6855

Abstract

Micro, Small, and Medium Enterprises are one of Indonesia's economic buffer pillars. However, its position as a financial buffer still faces various problems. The purpose of this research is to examine the reduction of digitalization policies for Indonesian MSMEs and their implications for the development of the Islamic economy. This research is normative legal research with a statutory approach. The results showed that the provisions in the Copyright Law that require the digitization of MSMEs make its management more efficient and straightforward. During the COVID-19 pandemic, there has been a twofold increase in the number of businesses transitioning to the digital ecosystem. MSMEs are present in the development of the Islamic economy, with the possibility of managing MSMEs in the technology-based halal industry. Deregulation is carried out by simplifying regulations in order to improve the flow of bureaucracy.  However, behind the ease, there are obstacles experienced by MSMEs in their digitalization efforts, including blocks in terms of community culture, regulation, and structure
Recycling Ablution Water (Wudu’) Using Membrane Water Treatment: A Study from Fiqh Halal Perspective Wan Ainaa Mardhiah Wan Zahari; Irwan Mohd Subri; Azman Ab Rahman; Arwansyah Kirin; Faisal Husen Ismail
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6867

Abstract

Water conservation is essential in Islam. The reuse of water for ablution through the process of water treatment is one way of water conservation. However, discussions and debates occurred because the source of water used for the treatment is categorized as musta’mal, which is pure but not purified and may contain mutanajjis water. This article proposes a model of treatment and purification of ablution water in mosques or surau using membrane water treatment for water reuse. This article uses a qualitative method focusing on document analysis regarding fiqh books, articles and guidelines related to water treatment technology. According to the fiqh and science, this study found that water treatment for treating used ablution water using membrane water filter is pure and clean.
The Construction of Islamic Inheritance Law: A Comparative Study of the Islamic Jurisprudence and the Compilation of Islamic Law Mursyid Djawas; Khairuddin Hasballah; Soraya Devy; Muntasir A Kadir; Yusfriadi Abda
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.7495

Abstract

This article discusses the construction of inheritance law, a comparison between fiqh (Islamic Jurisprudence) and the Compilation of Islamic Law (KHI). This is a normative juridical legal study using a comparative legal approach and the theory of existence as an analytical tool. This article concludes that the fiqh rules regarding inheritance law are based on the understanding of the Qur’an and hadith based on legal construction influenced by the Arabic social and cultural order. This suggests that KHI regulates inheritance law in accordance with the socio-cultural conditions of Indonesian society. The construction of inheritance law in fiqh has both similarities and differences with KHI. The similarity between fiqh inheritance law and KHI is that respectively rely on the Qur’an and hadith as mashadir al-ahkam. Meanwhile, the difference lies in the social reality and the cultural structures of the developing community which affect the two legal systems. The Arab society is patrilineal in its kinship system, whereas in Indonesia it is more bilateral, as a result, the distribution of inheritance tends to be different. Next, when it is seen from the point of view of the existence of this law in Indonesia, the fiqh inheritance law and inheritance law based on KHI still exist. Islamic jurisprudence is recognized as an integral part and raw material for the formation of national law in Indonesia.
Bibliometric Analysis of the Development of Islamic Economic Dispute Resolution Research in Indonesia Erie Hariyanto; Moh. Hamzah
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6997

Abstract

This research aims to explore the development of scientific publications in the field of sharia economic dispute resolution from 2017 to 2022, this year was chosen because three conditions occurred in that year, namely before, during and after or began to subside the Covid-19 pandemic. Thus, the results of this study will have an impact on policy making and become material for future research and use by policy makers in the field of sharia economic dispute resolution. There are two formulations of the problem to be answered, namely: 1) How is the development of scientific publications in the field of sharia economic dispute resolution in Indonesia from 2017 to 2022. 2) What is the existence of scientific publications in the field of sharia economic dispute resolution in the Islamic economic order in Indonesia. Research which is a type of library research, researchers will use a bibliometric approach method with data presentation techniques that are descriptive quantitative in nature. The results of this study are: First, the development of scientific publications from 2017 to 2022 in the field of Islamic economic dispute resolution has fluctuating results (not fixed), with a total of 1001 publications with the highest peak occurring in 2021 and the lowest point occurring in 2017 and there are 12 productive researchers. Second, the existence of scientific publications in the field of sharia economic dispute settlement has an important role in social life, where the results of these publications are used as evaluation material or material for finding solutions for Islamic financial institutions in resolving sharia economic disputes and become an important study in impacting policy makers. in decision-making in the field of sharia economic dispute resolution.

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