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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
Violation of Human Right for Collateral Fraud in Sharia Financial Institution Based on Fiduciary Guaranty Law and Rahn Law Endang Sriani; Farid Hasan; Sukron Ma'mun
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9157

Abstract

Fiduciary law in Indonesia and the Islamic concept prohibit the use of collateral that is not one’s own and without the authorization of the owner, but the reality that occurs at BMT BM is not the case. This research aims to analyze the practice of using objects on behalf of others as collateral for ijarah multijasa financing in sharia financial institutions from the perspective of Fiduciary Guarantee Law and Rahn Law. This research is a field study with a legal approach. The empirical results show that although it has been regulated in the law, the use of objects that are not owned and without the permission of the owner as collateral still occurs. There is a way to circumvent the rules, particularly when it comes to the creditor’s obligation to register fiduciary objects but reluctance to do so. As a result, protecting third parties is not achieved. The findings indicate that, to ensure that the parties’ rights are still protected, the government must create a legislation on fiduciary that will take into account debtors with tiny nominal debts who feel burdened by the costs of registering fiduciary objects, as was the case in BMT BM.
The Impact of Religiosity on the Malaysian Muslim Community’s Attitude Towards the Practice of Cupping Hamza Abed Alkarim Hammad; Irwan Mohd Subri; Hasanah Abd Khafidz
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.v22i1.8461

Abstract

This study identifies the Muslim Malaysian community’s attitudes towards cupping therapy in contrast with some variables such as: Gender, Age, Residence, Marital status, and Academic achievement. To achieve this goal, the researcher made a questionnaire consisting of 20 paragraphs, and it was distributed electronically randomly, during the period ranging from 10-8-2021 to 9-2- 2022, and the number of respondents to this questionnaire was 420 individuals. The results of the study showed a positive trend towards cupping in the Malaysian society, also, showed there are statistically significant differences in the attitudes of the Malaysian society towards cupping due to a variable Gender and Age, there are not statistically significant differences in the attitudes of the Malaysian society towards cupping due to a variable Marital Status, Higher Education, State of Residence and Living Area. The inclination of the Malaysian Muslim community towards cupping therapy (Hijama) confirms the desire of Muslims to emulate the Prophet (Peace be Upon Him) in this practice. As such, this study does not seek to explain the importance of Hijama, but it came to confirm that Muslim communities are interested in following the Prophetic Sunnah, so it is a practical study of Sharia, concerned with practical application for this type of therapy. Moreover, the study is based on the purposes (Maqasid) of Sharia, as the results of the study showed that cupping therapy has practical benefits in the health of the body, and the protection of the body and soul are derived from the Maqasid Sharia.
Sociological and Political Constraints of Islamic Sharia Enforcement in South Sulawesi Indonesia Ahmad Faisal; Saidah Saidah; Mukrimin Mukrimin; Zakirah Zakirah; Rizal Darwis
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.v22i1.8604

Abstract

The objective of this study is to examine the challenges encountered by Islamic Sharia Enforcement Committee in South Sulawesi by analyzing the responses of charismatic ulama. Qualitative methods, such as observation, interviews, and documentation, were employed to conduct a descriptive and critical analysis. The result showed that the primary obstacle to the wider acceptance of the idea lies in the sociological rejection of ulama. Ulama opposed the plan due to their epistemological understanding of Sharia and strategic approach to advocating it within the Unitary State of the Republic of Indonesia (NKRI). Politically, they gave a substantive and cultural notion instead of formalistic and structural discourse because there are no circumstances in South Sulawesi that may force the state to grant special autonomy like in Aceh. The contemporary thinking of ulama is shaped by education and practical experience, enabling them to consider contextual factors openly. The views of the Indonesian ulama on implementing Islamic Sharia are influenced by political failures, genuine religious beliefs, and political accommodations made to address Muslim aspirations. Furthermore, the results showed a decreasing trend in the scripturalist-formalistic approach to enforcing Islamic Sharia, while the substantialistic tendency is growing in popularity.
Characteristics of Hate Speech and Freedom of Expression in the Perspective of Maqāṣid Al-Sharī’ah Agus Purnomo; Umi Sumbulah; Nor Salam; Hikam Hulwanullah
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.v22i1.9446

Abstract

This article discusses the model of freedom of speech that is prohibited and categorized as hate speech using the maqāṣid al-sharī’ah approach. The prohibition and sanctioning of hate speech has been a dilemma. On the one hand, it prevents someone from hurting other people’s feelings. On the other hand, it violates freedom of speech. This research is a literature study in which the data were obtained from the texts of the Qur’an. Through normative-empirical and maqāṣid al-sharī’ah approaches, this study reveals that freedom of speech is part of human rights, which in the maqāṣid al-sharī’ah perspective can be categorized as protection of freedom of thought (ḥifẓ al-’aql). However, when freedom of speech is not controlled, it can potentially become hate speech that can threaten another maqāṣid al-sharī’ah, namely the protection of the soul (ḥifẓ al-nafs). The identification and categorization of an action as hate speech or an expression of freedom of speech are based on the benefits. The findings of this study are expected to educate the public in distinguishing between freedom of speech and hate speech according to maqāṣid al-sharī’ah to minimize conflict and hostility.
The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study Zelfeni Wimra; Yasrul Huda; Mahlil Bunaiya; Abdul Rahim Hakimi
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.v22i1.9491

Abstract

The living fiqh is derived from the living al-Quran and the living al-Hadith. It requires refining its formulation and methodological model as a contemporary socio-anthropological approach to fiqh. This article discusses the formulation of the concept of the living fiqh both deductively and inductively-abductively. The aim is to formulate and present this conception as a new approach or model of study and evaluation of fiqh practice in the contemporary era. The method used is abductive construction based on integrating fiqh into the behavior of its participants in various cultural clusters of Islamic society. The result found in this research is the formulation of the concept of The Living Fiqh as an explanation for society's acceptance of fiqh not only as knowledge but also as a practical guide in their lives. The implication is the availability of a sociological framework of fiqh that can explain the integration of fiqh in the daily life of Muslim communities spread across various models of cultural practices.

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