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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 2 (2023)" : 15 Documents clear
The Enactment of Positive Law against Perpetrators of Sexual Deviancy in Public Space in Indonesia Nani Widya Sari; Oksidelfa Yanto; Muhamad Iqbal; Samuel Soewita; Suhendar Suhendar
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.9065

Abstract

Problems on Lesbian, Gay, Bisexual, and Transgender (LGBT) in social life seem to be more real currently. Even though religions prohibit the behaviors of LGBT, the positive law, which is Law no.1 of 1946 on Criminal Code, does not regulate legal sanctions on LGBT. This article studies the importance of positive laws that regulate legal sanctions on the actors who practice LGBT in public. Still, as important as others, this article also tries to find out the causes of sexual disorder behaviors of LGBT. This research applies the method of normative law. Still, this research was conducted by studying the literature and collecting secondary data. After gaining the data, they were analyzed to answer the formulated problems. The research results show there must be legal sanctions on LGBT behaviors. The nation should not punish LGBT-infected people, but she must punish the people who practice LGBT in public. There are many factors causing LGBT. They are the influence of environment, childhood trauma, same-sex harassment or abuse, inferior feeling and fear of loving the opposite sex, family problem such as divorced parents, etc
Legality of Agricultural Products Weight Cutting as a Cost of Risk in Trade Farida Arianti; Pauzi M; Abdul Mughits; Ridwan Nurdin; Abdo Yousef Qaid Saad
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10291

Abstract

Agricultural goods transactions with toke (in Bahasa is known as a traditional market agent) always carry a weight cutting of one to 2 kilograms per bag. Risk reduction is considered a burden to be borne. Therefore, how to study the law in the aspect of risk imposition when transactions occur between plantation farmers and toke in traditional markets. The aim of this research was to examine how weighing is carried out and the recognition of the weight of agricultural products on scales is associated with possible risks that will occur in the future. This research method was qualitative, field research. Data sources were garden sellers/farmers and toke in traditional markets. Data collection through interviews and examination of artifacts. Data analysis technique was qualitative descriptive. The research finding showed that when the agricultural harvest was sold, there was a scale cut of around 2 kg per bag, such as chilies, ginger, corn and so on. The result of reducing the scale in dealing with the risks that will occur with irregular goods. The risk was borne by the farmer/seller, this was suspected and endangers the continuity of the relationship between farmer, toke, retailer towards objects that change naturally. Cutting the weight of the scales was still permitted as long as it was within appropriate limits. Recommendations for cutting the weight of the scales when changing goods and not fixed goods.
Sustainable Development of Mangrove Ecosystem Policy in South Sulawesi from the Perspectives of Siyāsah and Fiqh al-Bi’ah Hamzah Hamzah; Irfan Amir; Sultan Hasanuddin; Tarmizi Tarmizi; Muhammad Fazlurrahman Syarif
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10559

Abstract

This research aims to examine the policy of sustainable mangrove ecosystem development in South Sulawesi from the perspective of siyāsah and fiqh al-bi’ah. The questions raised are how the construction and implications of the policy of sustainable mangrove ecosystem development are, and how the reformulation of the concepts of siyāsah and fiqh al-bi’ah affects the policy that has been set. The data in this research are primary data from interviews, observations, and documentation, as well as secondary data from relevant literature. Data collection methods were carried out through interviews, observations, and documentation to be analyzed descriptively qualitatively based on the approach of siyāsah and fiqh al-bi’ah. The results of the research show that the policy of sustainable mangrove ecosystem utilization is realized through the establishment of regulations related to mangrove management at both the national and regional levels. The policy is implemented through the formation of the Regional Mangrove Working Group (KKMD) of South Sulawesi as a group that works to preserve the mangrove ecosystem. The policies implemented have implications for legal aspects, aspects of the economy based on ecotourism, environmental sustainability, education, and religious social. The policy that has been set is in line with the concept of siyāsah dusturiyah and fiqh al-bi’ah based on maslahah. The perspective of siyāsah dusturiyah and fiqh al-bi’ah plays a role in strengthening and supporting government policies in the effort to preserve the sustainable mangrove ecosystem.
Islamic Law, the State, and Human Rights: The Contestation of Interfaith Marriage Discourse on Social Media in Indonesia Y Sonafist; Henny Yuningsih
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10934

Abstract

This study aimed at explaining the contestation of interfaith marriage discourse on social media, specifically on Instagram. The issue of interfaith marriage was quickly responded by social media users, not only by posting on their own accounts, but also by commenting on those posts of other people’s accounts. This study attempted to map Instagram media users’ comments on posts about interfaith marriage and to see the contestation of these comments in the context of the discourse on Islamic law, the state, and human rights in Indonesia. Qualitative research method was used in conducting this study. Data were collected from netizens’ comments on the issue of interfaith marriage, specifically the issue of interfaith marriage conducted by a member of Presidential Special Staff, the District Court’s decision on granting the interfaith marriage, and the Supreme Court’s circular on interfaith marriage. These comments were randomly selected and then analyzed using qualitative content analysis methods. This study found that: first, there were two response models for social media users when commenting on the issue of interfaith marriage on Instagram, they were the responses of acceptance and rejection. The narrative of the comments that accepted the idea of interfaith marriage emphasized human rights, diversity, freedom, and criticized the state’s involvement in private matters. Meanwhile, the narrative of comments that rejected the idea of interfaith marriage mostly refered to the provisions of Islamic law and state law. Second, based on these two response models, there was a contestation over the discourse of interfaith marriage in the context of Islamic law, the state, and human rights. However, this contestation was not based on a deep understanding of human rights and legal discourse. This contestation might have an impact on the public’s lack of legal understanding of interfaith marriage and had the potential to cause conflict on social media. This study confirmed that contestation of legal discourse came not only from people who had authority, but also from people who did not have in-depth legal knowledge.
Examining Call for the Dissolution of Indonesian Ulema Council: Siyāsah Syar’íyyah Perspective Abdul Syatar; Muhammad Imran; M Ilham; Kurniati Kurniati; Marilang Marilang; Kamaluddin Nurdin Marjuni
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.6678

Abstract

The religious authoritative institution of the Indonesian Ulema Council (MUI), is facing infiltration by members connected with acts of terrorism. This leads to public demands for its dissolution under the banner of "Joint Enemy Terrorism". Therefore, this study aimed to assess the possibility of dissolving MUI by reviewing the root causes of terrorism within the religious institution. Through the lens of Islamic political analysis and a critical examination of various data sources, it became evident that the discourse advocating for the dissolution centered around the hashtag #BubarkanMUI#. This hashtag campaign was initiated to frame the participation of MUI members in extremist activities, thereby posing a threat of criminal terrorism. MUI, on the other hand, was beyond dispute due to its strong and legally entrenched position. In this context, the prospect of the dissolution became irrelevant, impractical, and challenging to materialize primarily due to membership issues. The existence of MUI was strengthened and secured through several laws mandating its engagement, including the certification of halal products and regulation of Sharia banking. This showed the religious institution must embark on a thorough evaluation and enhancement of both its structural framework and membership recruitment processes. Regarding the authority to dissolve non-political institutions and organizations, this prerogative should be entrusted to the Constitutional Court, serving as a judicial entity responsible for safeguarding democracy, human rights, and constitutional principles.
Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study Husni Mubarrak; Faisal Yahya; Iskandar Iskandar
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10258

Abstract

This study aimed to discuss the debate and controversy surrounding interpretations that are considered authoritative about interpreting Sharīa proposition regarding the ta'zīr public caning legal procession in prisons in Aceh, from what was previously held in an open space. The debate occurred and took place in various media, including social media, following the issuance of the 2018 Aceh Governor's Regulation concerning the relocation of the punishment procession. The discussion continued long enough to debate the interpretation which is considered the most valid regarding the necessity of caning for being witnessed by a group of believers (mukmin); the selection of the place where the punishment will be carried out; until the legal reasoning, intent and purpose of the caning punishment itself to be witnessed in public space according to Sharīa, as explicitly stated and interpreted in the Al-Qur’an Surah An-Nur: verse 2. By using literature studies and empirical investigations as the method, this article would like to use synthesis approach for analysis by putting theory “authoritative” and “authoritarianism” as the framework. The research finding shows that certain view which has been popularized through media is supposed as an authoritative interpretation and understood as the “should be” according to sharīa by the public, so that must be imposed of caning and openly witnessed (not in jail) during the formalization of Islamic law in contemporary Aceh.
Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation Muhammad Fauzinudin Faiz; Zezen Zainul Ali; Muhammad Taufiq
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.9097

Abstract

Increasing the minimum age for marriage has increased the community's efforts to obtain a marriage dispensation permit in court. Generally, this application is made by children who are not old enough and not yet married, but the facts on the ground state that there are widows and widowers under age who also apply for a marriage dispensation for the second time, this raises a new problem, namely legal uncertainty for the applicant. This study will explore the problems of an underage widow and widower in registering his second marriage and the contestation of authority in the marriage of underage widows and widowers. The study was conducted by looking at and analyzing several cases of application for dispensation for the marriage of underage widows and widowers in several Religious Courts (juridical normative) and mapping related documents (library research). Three important points are noted. First, when a widow and widower under the age of 19 applies for marriage registration at the Office of Religious Affairs but is refused and directed to apply for a dispensation to marry, while in the Religious Court, there are differences of opinion among judges in the application for dispensation to marry a second time, some reject, and some accept. Second, there is contestation between the Office of Religious Affairs and the Religious Courts in viewing dispensation for widow and widower marriage because of the different legal basis used. Third, despite the contestation between the two institutions, the Religious Courts, as justice-seeking agencies, must accept the application submitted to ensure legal certainty for its citizens, namely widows and widowers under age. Thus, this article recommends two actions: namely, the need for communication between the two executive and judicial institutions to discuss the issue of marriage dispensation for underage widows and widowers so as not to contradict each other and legal certainty for underage widows and widowers who want to marry is essential.
The Mechanism of Avoiding Riba in Islamic Financial Institutions: Experiences of Indonesia and Malaysia Muhammad Maksum; Nur Hidayah
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.6952

Abstract

The issue of discrepancy between business goals and sharia principles related to debt raises a problem. Financial institutions seek profit, but lending and borrowing money (qardh) in Islam is not for profit. This has the potential to generate usury (riba), and must be avoided by Islamic Financial Services (IFS). This article examines several Islamic legal opinions (fatwa) from the Indonesian National Sharia Council and the Malaysian Sharia Authority Council utilizing a normative and descriptive legal study approach, in conjunction with the science of Islamic jurisprudence (ushul fiqh). The results of the study outline that Islamic financial institutions must create products to avoid riba practices on unlawful debts. Two models for the creation of anticipatory riba were found by tracing and testing Islamic financial products using a credit schemes (qardh), namely entering into a service contract (ijarah) and conducting several transactions (bay' al-'inah) for one object. This product highlights the repetition of an old practice long-debated in classical fiqh because it is prohibited in a hadith of the Prophet Muhammad. This finding has implications for Sharia compliance as long as Sharia financial products do not shift to profit-sharing or buying and selling-based financial products.
Trendy Veil: Law, Function, and Its Stigma on Muslim Society Musda Asmara; Rahadian Kurniawan; Wahyu Abdul Jafar; Anggoro Sugeng; Sakirman Sakirman
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.8609

Abstract

The trendy Veil was a phenomenon among young women, especially after the Covid 19 outbreak. Many wear the veil as well as a mask to prevent disease. The purpose of this study was to reveal facts related to law, function, and social stigma against women who wear the trendy veil. This research was field research that used a normative approach. Data collection techniques in this study were interviews and documentation. At the same time, the analysis technique used in this study is descriptive. The findings in this study were that the law on wearing a trendy veil was sunnah as long as a trendy veil follows the general rules of dress for Muslim women. The trendy veil has three functions: worship, social, and health. In addition, there has been a change in the stigma of women who wear the veil today, especially women who wear trendy veils. The negative stigma against women who wear the veil has begun to disappear. The Muslim community has considered the trendy veil a necessity and a common thing.
Strengthening the Shafi‘i Madhhab: Malay Kitab Jawi of Fiqh in the 19th Century Yasrul Huda; Jajat Burhanuddin; Mahmood Kooria
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10282

Abstract

The supremacy of fiqh in Indonesian, and Southeast Asian, Islam has been widely acclaimed; the subject concerning the affairs of daily life, the core substance of fiqh, has its fertile grounds in Muslims religious ideas and practices. This article presents a historical analysis how the fiqh became popular in the region, which can be traced back to the 19th century. Taking Malay kitab jawi as the main subject of discussion, the shifting of religious concerns among the ‘ulamā’ (Muslim scholars) was of crucial significance. They increasingly engaged in dealing with the Muslims’ need of guidance in primarily prescriptions for worship (‘ubūdiyah). This study traces the historical aspect in the spread of the Shafii school, along with the development of the Malay textual tradition.  As a result, kitab jawi on fiqh by Southeast Asian ‘ulamā’ grew considerably, in both number and religious authority, in line with the rise of learning institutions (pondok), leading the subject to appear as religiously essential to be produced, and reproduced, to become an established school for Muslims of the region.

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