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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 15 Documents
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Search results for , issue "Vol 22, No 1 (2023)" : 15 Documents clear
Integration of Islamic Law in Regional Development in Indonesia Irma Suryani; Mohamad Hidayat Muhtar; Yogi Muhammad Rahman; Belardo Prasetya Mega Jaya; Awad Al Khalaf
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8770

Abstract

Indonesia has introduced Islamic-based development programs, but challenges such as different interpretations, incompatibility between Islamic law and the national legal system, political influence, and the integration of Islamic values in sustainable development continue to hinder the implementation of Islamic legal approaches in regional development. This study aims to analyze the integration of Islamic legal concepts in regional development from an economic, social, political and environmental perspective and to identify concrete policies or programs that can be implemented to apply a holistic and sustainable approach to Islamic law in regional development. This research is categorized as normative legal research using primary and secondary legal materials in statutory and library documents (books, journals, reports and internet sources) and analyzed using a philosophical and analytic approach. According to the findings, the problem can be solved by creating an Islamic-based development program that considers economic, social, political, and environmental factors and guarantees the program's sustainability. Increasing community participation and involvement in the planning and implementing Islamic-based development programs and strengthening oversight of the use of funds and the environmental impact of development activities are possible solutions. Based on the findings of this research, it is recommended that a microfinance initiative based on Islamic principles be established in the area. Integrating Islamic principles and considering Indonesia's social diversity are prerequisites for the success of an Islamic legal approach to regional development.
The Immorality of a Husband as the Cause of a Working Wife to File for Divorce Lawsuit in Indonesia Jumni Nelli; Afrizal Mansur; Zulkifli Zulkifli; Maghfirah Maghfirah; Sofia Hardani; Izzah Nur Aida
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.7392

Abstract

This research aimed at finding out the meaning of a divorce suit for a working wife and to prove that economic problems caused by the husband’s immorality are the reason a working wife files a divorce suit. The data sources in this study were documentation and interviews with 13 wives who filed for divorce at Pekanbaru Religious Court in 2019-2020, Indonesia. Alfred Schutz’s phenomenological method of “because to” motive and “In order to” motive was used to analyse the data. The results of the study shows that the reason for “because to” motive was the husbands’ immorality. Meanwhile, the reasons for “In order to” motive were (a) Getting out of the burden of conflict. (b) Getting out of household economic pressure (c) Clarity of status and (d) Freeing oneself from deceit and slander. It can be understood that the meaning of divorce for a working wife for economic reasons is the distribution of emotions of dissatisfaction with the husband’s attitude; escape from physical and mental suffering; freedom; and failure to respect each other. The implications of this research can be used to generalize divorce cases on the grounds of husband’s immorality in Indonesia.
Local Wisdom Recognition in Inter-Ethnic Religious Conflict Resolution in Indonesia from Islah Perspective Arbanur Rasyid; Rayendriani Fahmei Lubis; Muhammad Wandisyah R. Hutagalung; Maulana Arafat Lubis; Mohd Roslan Mohd Nor; Afifah Vinandita
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8432

Abstract

Indonesia is a culturally diverse country that consists of at least 1.340 tribes and ethnicities, which can potentially lead to the emergence of conflicts. This study aimed to identify the causes of conflict in society, patterns of local wisdom in conflict resolution, and patterns of conflict resolution in Surabaya and Bali from the perspective of islah. Data were collected through observation, interviews, and document studies. Data analysis was carried out in several stages, including data reduction, data display, and verification. The result of this research showed that economic disparities, a lack of understanding of religion, and unfair treatment were the root of inter-ethnic conflict in the two regions. Local wisdom was used by communities to resolve conflicts in their area, including using a religious approach of praying together, listening to preaching or lecture about moderate Islam, consulting traditional, religious, and government leaders, and applying a state approach of administrative data collection or KIPEM administration. In addition, the local community also used interfaith dialogue with former terrorists, Jancuk Terrorist campaign by Bonek, and Tat Twam Asi to resolve conflict. Those conflict resolutions exemplified the procedures and methods of islah in Islamic law which aimed at resolving inter-ethnic disputes that arose in these two regions.
Humanist Fiqh Developed by KH. Ahmad Rifa’i Arief Banten, Indonesia Ahmad Rajafi; Ressi Susanti; Ahmad Elmawan M. Alhanif
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6921

Abstract

This study aimed to examine the patterns and models of humanist fiqh developed by KH. Ahmad Rifa’i Arief through the popular boarding school in Banten, Indonesia, using a qualitative method. Data was obtained through observation, documentation, and comprehensive interviews, which were then analyzed using a descriptive approach. The results showed that KH. Ahmad Rifa’i Arief employed a philosophical approach in constructing the humanist fiqh, implemented across various Islamic Boarding Schools, including La Tansa. Furthermore, this approach emphasized the initial inward transformation (qalbi) as a means of self-introduction, subsequently imparting knowledge (qauli) and teaching, as well as culminating in tangible actions (fi’li) that benefit individuals regardless of their gender or social status.
Female Imam and Khatib: The Shifting in Worship Traditions from Progressive to Conservative in Sungai Landia, West Sumatra, Indonesia Busyro Busyro; Arsal Arsal; Maizul Imran; Mohd Nasran Mohamad; Edi Rosman; Saiful Amin
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8545

Abstract

The changes in the implementation of eid prayers in Sungai Landia by abolishing women’s rights to become imam and khatib do not necessarily eliminate the progressive sides of Sungai Landia women. This study aims at exploring the persistence of progressive sides in the transition process of eid prayer tradition from female imam and khatib to conservative fiqh provisions. This research is qualitative in nature with the main data obtained from community leaders and women from Sungai Landia. The data analysis was carried out using a descriptive method. This study concludes that the process of changing to conservative fiqh was carried out by going through the stages of fiqh scientific deepening and socialization for four years to avoid chaos in society. The community began to realize their mistake because of criticism from various parties. The criticisms were not only from the local community, but also from the ulama who were invited to give religious lectures. Sungai Landia women accepted the change with the condition that male and female congregations must still be separate in implementing eid prayers even though the imam and khatb are men. There are progressive sides that are still maintained by paying attention to aspects of gender equality and social justice to create peace in worship as evidenced by the existence of public recognition for women to be separate from men in carrying out the eid prayers.
Rukyat as Determination of the Lunar Month Beginning: A Method, Obstacles, and Debate in Indonesia Zufriani Zufriani; Asa’ari Asa’ari; Jamal Mirdad; Arzam Arzam; Ahmad Izuddin; Anwar M. Radiamoda
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6570

Abstract

Two calendar systems are developing globally, namely the Syamsiyah system (solar system) and the Kamariah system (lunar system). The lunar system is a calendar used by Muslims and has utility in worship rituals based on the calendar period. Qur’an and Hadith have mentioned this completely, namely, one year consists of twelve months. This study aims to determine the determination of the beginning of the lunar month using the rukyat method and to determine the extent to which the implementation of the rukyat method can be accepted by the Indonesian people. The type of research in this article is qualitative research or also known as naturalistic research methods. The data analysis techniques used were condensation, data presentation, and drawing conclusions. The results of the study show that the rukyat method is one of the methods of determining the lunar month, which has been carried out since the time of the Prophet Muhammad p.b.u.h. and his companions, even today it is still used by Muslims around the world, including in Indonesia. Rukyat is a method of determining the beginning of the lunar month by paying attention to important matters and conditions. As for the obstacles of the sighting as determining the beginning of the lunar month, there are several factors, namely the eye of the observer, the shape of the new moon, weather, seeing, the height of the new moon, the distance of the bow and the observer’s psychology
Pecoah Kohon: The Restriction on Inter-Cousins Marriage in Indigenous the Rejang Society Supardi Mursalin; Siti Nurjanah; Abraham Ethan Martupa Sahat Marune; Muhamad Hasan Sebyar; Hina Al Kindiya
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9025

Abstract

This study aims to examine the prohibition of Pecoah Kohon in the indigenous marriage Rejang tribe. Pecoah Kohon is a union between a man and woman related by blood, namely one grandmother. In this study, the problem emphasized a customary prohibition on the union, regardless of its non-prohibition by Islam. This qualitative-field analysis used a normative-sociological approach, with the implemented data collection techniques prioritizing interviews and documentation. A purposive sampling technique was also used to determine the informants. The results showed that the survival of Pecoah Kohon tradition was due to the socialization carried out by traditional officials in a systematic, structured, and hierarchical pattern toward the Rejang community. Sanctions were also considered quite strict against customary violations. Moreover, the good communication and cooperation between traditional officials and the community was a strong foundation for the preservation of Pecoah Kohon tradition and the Islamic religious insights of the Rejang community were increased. From this context, the debate about the tradition had various meeting points and solutions. This indicated that Pecoah Kohon supporters believed the tradition did not include prohibitions and cancellations of marriage, with its performance considered a tribute and cultural preservation. Religious experts also understood that Pecoah Kohonwas solely a custom and not a belief exceeding or equalling religion, indicating needless argumentative efforts. 
The Formalization of Islamic Attire for Students: Differentiation of Discrimination and Intolerance Paradigms in the Case of Perkada Sharia in West Sumatra Jarudin Jarudin; Hermawati Hermawati; Walan Yudhiani; Alfi Syukri Rama; Muhammad Adib bin Samsudin
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8606

Abstract

The law on regional autonomy enacted by the central government is like the horns of a dilemma. The central government considers the formalization of religious aspects as a threat to national and state stability, as demonstrated by regional head regulations (Perkada) requiring students in West Sumatra to wear a veil or hijab. This qualitative research employed interviews, observation, and a study of the Supreme Court decision document No. 17/P/HUM/2021. Data were analyzed using normative juridical approaches and Islamic law through several stages, including data reduction, data display, and verification. This research found that the case arose as a result of an allegation that the school forced non-Muslim students to wear veils, which went viral on social media. In response to this allegation, the central government issued a Joint Decree (SKB) of Three Ministers canceling Perkada Number 451.442/BINSOS-III/2005. LKAAM, the customary holder of the Minangkabau community in West Sumatra, then petitioned the Supreme Court for a judicial review. The Supreme Court granted the LKAAM's request, ruling that the SKB was invalid and ordering the three ministries to revoke it. This case's substance alludes to at least two types of debate. First, the three ministers assumed the petitioner and the Supreme Court had no legal standing, while the Supreme Court's decision stated otherwise. Second, the central government viewed the people of West Sumatra through their local government as discriminatory, intolerant, ignoring children's religious aspirations, and ignoring higher regulations, whereas the Supreme Court decision contradicted the three ministers' arguments and supported the LKAAM argument. As a result, LKAAM won legally but not necessarily politically because the central government had labeled the people of West Sumatra as discriminatory and intolerant.
Family Instability: A Study of Livelihoods during the Covid-19 Pandemic in Tanah Datar Regency, Indonesia Elimartati Elimartati; Nailur Rahmi; Widi Nopiardo; Firdaus Firdaus; Vasco Fronzoni
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6054

Abstract

The Covid-19 pandemic resulted in a decrease in family income. Thus, it gave birth to various forms of difficulties in meeting family needs. Through research, the process of how families survived in earning a living during the Covid-19 pandemic was described. The process included the types of difficulties, impact, and solutions to the difficulties encountered. A qualitative approach was used in conducting this study in which the primary and secondary data were obtained using observation techniques, interviews, focus group discussion, and documentation. The research findings showed that there were three difficulties faced by families from a decrease in their income during the Covid-19 pandemic: difficulties in developing businesses, low family purchasing power, and increasing family needs. These three things then led to family instability with the emergence of conflicts such as domestic violence and divorce which continued to increase during the Covid-19 pandemic. Due to the difficulties, the family made creative business adjustments and got help. Families made business adjustments by looking for alternative sources of income, while external assistance was obtained from community and government institutions. This paper concludes that the creativity developed to meet family needs during a pandemic is urgently needed so that families can continue to survive in difficult conditions.
The Role of Muslim Generation Community at Zakat Collection on Realizing Sustainable Development Goals (SDGs) in the Era of Digital Society 5.0 Rizal Rizal; Ruslan Abdul Ghofur; Pertiwi Utami
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6562

Abstract

The large potential of zakat funds can support the government’s efforts in alleviating poverty. However, its management has not been seen optimally even though BAZNAS has been designated as the official agency and the only non-structural government agency that manages zakat. This study aims to investigate the important role of the human generation who are members of the Muslim community in collecting zakat at the BAZNAS in the era of digital society 5.0 to realize the SDGs. This study uses a literature study method with library data collection techniques, reading and taking notes, and managing research materials by tracing written sources that have been previously written. This study uses content analysis techniques to obtain written information that focuses on four dimensions, namely human generation, Muslim community, zakat collection, and sustainable development goals. The findings reveal that two generations of humans are members of the Muslim community that have the potential to increase zakat collection. Deeper, Maqāṣid shari’āh as the essence of Islamic law through the values of justice, freedom, and human rights of the Muslim community will support the goal of collecting zakat. The novelty of this research found that building the strength and glory of BAZNAS in the era of digital society 5.0 requires strong social ties from the entire Muslim generation community, especially the younger generation community. The main contribution of this research highlights the ‘zakat movement’ led by BAZNAS to pay more attention to the role of the millennial Muslim generation community and iGeneration in supporting zakat empowerment programs to realize Sustainable Development Goals.

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