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[Actualizing Islamic Economic Law in the Digital Era: A Study of the Application of Khiyar al-Majlis in Electronic Contracts ]]>
<![CDATA[Muhammad, Pauzi]]>;
<![CDATA[Arianti, Farida]]>;
<![CDATA[Masum, Ahmad]]>;
<![CDATA[Rani, Marnia]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.11573
<![CDATA[This research was motivated by the emergence of electronic contracts, while every contract contains provisions and implementation of khiyar al-majlis, namely the right of the parties to the transaction to choose to continue or cancel a business transaction as long as the parties are still present at the transaction location. Due to the unclear existence and mechanism for implementing khiyar al-majlis in electronic contracts, this research was urgent. The aim of this research was to determine the existence and mechanism for implementing khiyar al-majlis in electronic contracts. The research method used was normative legal research with a systematic legal approach. Researchers use secondary data or legal materials obtained and processed using selective categorization. All of this legal material was grouped based on criteria that were appropriate to the problems and themes, then analyzed descriptively and analytically. The law of khiyar al-majlis was described and analyzed with explanation, study, systematization, interpretation, and evaluation. The results of this research showed that the existence of khiyar al-majlis in electronic contracts was only legal because the parties were not in the same transaction location as in conventional contracts. Then, the mechanism for implementing khiyar al-majlis could occur directly or indirectly in electronic contracts. This study contributes to the development and actualization of Islamic economic law in the digital era.]]>
<![CDATA[Hamka’s Legal Methodology on Hisab–Ru’yah in His Book “Saya Kembali ke Ru’yah” ]]>
<![CDATA[Helim, Abdul]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.11952
<![CDATA[This research endeavors to explore the contextual shifts in Hamka’s perspectives on hisab-ru’yah and his methodological approach to legal reasoning. It adopts a normative legal research methodology with a conceptual framework. Primary legal sources are drawn from Hamka’s book “Saya kembali ke Ru’yah”. These sources are scrutinized through the lenses of uṣūl al-fiqh and the sociology of knowledge. The findings of this study indicate that the transformation in Hamka’s thinking stemmed from profound childhood experiences and culminated in a notable enlightenment during his participation in the International Islamic Conference in Malaysia. Ultimately, his stance evolved dramatically, concluding unequivocal support for the practice of ru’yah (moon sighting). Furthermore, there are also figures within Muhammadiyah who endorse both ru’yah and istikmāl (completing the lunar month if the moon is not sighted). This support has fortified Hamka despite facing considerable criticism. From the perspective of uṣūl al-fiqh (principles of Islamic jurisprudence), Hamka’s shift in legal reasoning appears primarily theoretical, although he does not explicitly delineate the specific theory involved. This can be inferred from his interpretation of the hadith of ru’yah in alignment with the principles of manṭūq (explicit meaning) or dilālah al-‘ibārah (indicative meaning). In expressing his views, Hamka incorporates the opinions of scholars, indicating his reliance on the qaulī method. His personal joy during fasting and holiday celebrations concurrently reflects his alignment with the maṣlaḥah theory, enhancing unity and cohesion. However, this unity can only be fully realized under government regulation as the ūlīl amr (ruler), particularly concerning the outcomes of ru’yah and istikmāl. Such submission, beyond mere compliance, also falls within the realm of maṣlaḥah al-mu’tabarah (considered public interest). This research underscores the necessity of approaching legal provisions from multiple perspectives, rather than a singular viewpoint, to achieve the intended legal spirit and realize genuine benefits. Hamka’s methodology exemplifies him as a contextual integrative Muslim.]]>
<![CDATA[Sharia Economic Bankruptcy Law (al-Taflis) and the Dualism of Court Competency in Indonesia ]]>
<![CDATA[Prihasmoro, Adi]]>;
<![CDATA[Sopyan, Yayan]]>;
<![CDATA[Abdullah, Raihanah]]>;
<![CDATA[Sufiarina, Sufiarina]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.11045
<![CDATA[Since Religious Court Law was amended by Law No. 3 of 2006, every sharia economic case is stipulated as the competency of the Religious Court. Conversely, Bankruptcy Law No. 37 of 2004 has never been synchronized with the amended Religious Courts Law. Therefore, the competent court does not handle sharia economic bankruptcy (al-taflis) cases. This study aims to ensure that al-taflis can be examined based on sharia economic principles by the most appropriate judicial forum. It is normative legal research using primary and secondary legal materials such as court decisions, statutory, books, journals, reports, and internet sources, then analyzing and synchronizing to get an ideal formula regarding how al-taflis cases are settled in court. The result shows that al-taflis is appropriately stipulated as the absolute competence of Religious Courts. Case studies of al-taflis court decisions settled by the Commercial Court so far, also indicate that sharia principles are not sufficiently considered in the decisions, even ignored. Therefore, it is urgent to make synchronization efforts by amending the Bankruptcy Law until it can accommodate the settlement of al-taflis case through Religious Courts. Otherwise, it will be only a utopian sharia economic bankruptcy law]]>
<![CDATA[Polygamy among Muallaf in Manado: Islamic Legal Perspectives and Social Challenges ]]>
<![CDATA[Sarib, Suprijati]]>;
<![CDATA[Yusnita, Eti]]>;
<![CDATA[Utama, Cholidah]]>;
<![CDATA[Zain, Muhammad Irfanul Hakim]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.12307
<![CDATA[The practice of polygamy is often a controversial topic and raises questions about religious and cultural identity. Although Islamic law permits polygamy under certain conditions, how this is understood and applied by the convert community in a Christian setting is complex. This study explores the dynamics of polygamy among converts (Muallaf) in the multicultural environment of Manado, Indonesia, from the perspective of Islam and society. Using an empirical normative approach, the study involved 35 informants, consisting of 25 Muallaf who were married in Islam and ten who were engaged in polygamous marriages. Data was collected through in-depth interviews, and the analysis identified common patterns and significant findings, focusing on factors influencing attitudes towards polygamy. The results revealed differences in views among Muallaf regarding polygamy; some accept this practice as part of Islamic teachings, while others reject it as contrary to their previous values. Factors such as religious interpretation, pre-conversion values, and legal and social barriers affected their attitudes toward polygamy. The problematic legal hurdles of obtaining polygamy permits in court highlight additional challenges in implementing this practice in Manado. Nevertheless, polygamy remains a controversial issue in this predominantly Christian society, reflecting the complexity of the interaction between religion and culture. This research provides important insights into how polygamy is perceived and practiced in multicultural environments and the challenges Muallaf faces in understanding and applying Islamic law in their social contexts.]]>
<![CDATA[Realizing Justice and Maṣlaḥah in E-Commerce: Fiqh Muamalah Insights and Challenges in Malaysia and Indonesia ]]>
<![CDATA[Batubara, Chuzaimah]]>;
<![CDATA[Rokan, Mustapa Khamal]]>;
<![CDATA[Manaf, Muhammad Firdaus Bin Abdul]]>;
<![CDATA[Sukiati, Sukiati]]>;
<![CDATA[Harahap, Isnaini]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.12356
<![CDATA[This study explores how fiqh muamalah principles can realise justice and maṣlaḥah in e-commerce practices, focusing on the understanding and behavior of consumers and producers in Malaysia and Indonesia. The research investigates how these Islamic legal principles are integrated and practised within the digital marketplace. The primary data sources include e-commerce users from Malaysia and Indonesia, specifically consumers and producers. Data were collected through in-depth interviews with various e-commerce users, including consumers and producers. The results reveal that producers generally have a higher awareness of justice and ma maṣlaḥah in e-commerce, though their application of these principles varies. Consumers' experiences are inconsistent, often influenced by their educational background and exposure to Islamic commerce teachings. Key challenges include the lack of standardized guidelines and divergent interpretations of fiqh muamalah principles. The study underscores the need for more structured education and regulatory frameworks to ensure these principles' effective and consistent integration into e-commerce practices. Recommendations include developing comprehensive training programs and establishing clear guidelines to bridge the gap between understanding and practice, thereby aligning e-commerce practices in Malaysia and Indonesia with fiqh muamalah principles.]]>
<![CDATA[The Urgency of Using al-Milk an-Naqiṣ in Geographical Indications: An Ideal Preservation for Intellectual Property in Indonesia ]]>
<![CDATA[Saputro, Triyono Adi]]>;
<![CDATA[Rumadan, Ismail]]>;
<![CDATA[Suwadi, Pujiyono]]>;
<![CDATA[Latifah, Emmy]]>;
<![CDATA[Syaiful, Muhammad]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.12227
<![CDATA[This study aimed at explaining the ideal preservation of intellectual property inventions so that geographical indications (GI) products can increase and be highly competitive in the global market. The existence of GI play a vital role in supporting business competition at the national and international trade levels. GI not only provide protection for intellectual property inventions, but also provide legal guarantees of official legality from the government. This study used a conceptual and comparative approach supported by primary legal materials consisting of GI laws combined with texts and fiqh. The research results shows that al-milk an-naqiṣ’s efforts with the al-ibahah type will be an ideal model for preserving GI for intellectual property inventions in Indonesia in the future. This is because al-milk an-naqiṣ, which is varied and implemented in the community, is able to strengthen GI inventions, can last longer, and without any contracts. In addition, there are advantages to be gained by using al-milk an-naqiṣ, such as having different ownership models, no time limit for transferring ownership, and the ability to increase the welfare of the community. For this reason, it is necessary to spread the importance of preserving the al-milk an-naqiṣ model in order to form a legal culture and provide legal protection for intellectual property inventions based on GI so that they will last longer in the market in the future. In addition, this is useful to support the increase of regional per capita income and help reduce unemployment through the implementation of al-milk an-naqiṣ GI products as an ideal solution for the long-term preservation of intellectual property inventions.]]>
<![CDATA[Islamic Legal Approach in Preventing Women's Involvement in Spreading Hoaxes on Social Media ]]>
<![CDATA[Hanani, Silfia]]>;
<![CDATA[Nelmaya, Nelmaya]]>;
<![CDATA[Ulya, Zakiyah]]>;
<![CDATA[Aldian, Elsa]]>;
<![CDATA[Mohd Noor, Ahmad Yunus bin]]>;
<![CDATA[Rahmana, Sitto]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.13082
<![CDATA[This article discusses preventing women from being involved in hoaxes on social media using an Islamic legal approach because women are one of the groups that are vulnerable to being exposed to and spreading hoaxes on social media. This research aims to find out how to prevent women from being involved with Islamic law but with an Islamic legal approach. Data was collected with documentation related to analyses by Islamic law experts and the media. Apart from that, interviews were also conducted with female journalists about women's involvement in social media and how to anticipate it, then it was analyzed using a reduction process, presented, and concluded. The results of the research show that the Islamic legal approach can be used as a basis for preventing women from committing hoaxes on social media, if the principles of Islamic law in those media are implemented, among these principles are tabayun, responsibility and always adhering to stick of caution.]]>
<![CDATA[From Religious Understanding to Tradition: The Role of Tuan Gurus in the Fidyah Practice within the Sasak Muslim Community ]]>
<![CDATA[Sainun, Sainun]]>;
<![CDATA[Hakim, Muhammad Lutfi]]>;
<![CDATA[Sugitanata, Arif]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.13126
<![CDATA[This study examines the tradition of fidyah payments—compensation for missed prayers (ṣalāt) on behalf of the deceased—within the Sasak Muslim community in Central Lombok, Indonesia. Although this practice diverges from the mainstream Shāfiʿī school of law (madhhab), which the community primarily follows, it endures as a deeply ingrained tradition. Based on fieldwork and interviews with tuan gurus (local religious leaders) and deceased family members, the research finds that fidyah is commonly paid using rice, money, or gold from the deceased’s estate, distributed as alms to the poor. The community views fidyah as a means of atoning for missed prayers, offering peace to the family. Tuan gurus legitimize this practice by citing specific Islamic juristic opinions, particularly those of Imām al-Subkī and Imām Abū Ḥanīfah. Over generations, the Sasak community has internalized fidyah as a communal obligation, with non-compliance regarded as a family dishonor. This study demonstrates how tuan gurus’ teachings shape and institutionalize religious practices, transforming them into essential cultural traditions.]]>
<![CDATA[Fiqh of Civilization at Traditional Islamic Boarding School: Contextualizing of Islamic Jurisprudence through Classical Texts of Mu’amalat ]]>
<![CDATA[Mustofa, Imam]]>;
<![CDATA[Hefni, Wildani]]>;
<![CDATA[Maliki, Ibnu Akbar]]>;
<![CDATA[Chamdan, Umar]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.12245
<![CDATA[The culture of thought that is still traditionalist in most Islamic boarding schools raises questions about the relevance in the modern era. The use of yellow books as the main reference is considered extremely classic and generally in facing the complexity of modern society problems. Therefore, this study aimed to examine the contextualization of fiqh mu’amalat in the classic text of yellow book at Sidogiri Islamic Boarding School as one of the agendas of Halaqah Fiqh of Civilization. This was a qualitative study with primary data collected through observation and interview, while the secondary data was from literature studies on scientific writing references. Primary data included the results of interviews with the chairman of the supervisory board, the chairman of Bahtsul Masail, and the secretary of Islamic boarding school as well as observations of the business development activities of Islamic boarding school. Meanwhile, secondary data was in the form of written sources regarding the contextualization of fiqh mu’amalat supported by various references to books, journal articles, and other related documents. The results showed that the contextualization of fiqh mu’amalat at Sidogiri Islamic Boarding School was conducted through the elaboration of classic text (yellow book) with the reality of mu’amalat in modern society. Consistency in integrating the teachings of Salaf in the books of classical Ulema has succeeded in maintaining the application of the mu’amalat principles in every development of business units. The contextualization of fiqh Salaf started by making Bahtsul Masail an intellectual forum to answer the problems of mu’amalat in society. The results were actualized by making it a practical reference in every contract conducted in Islamic Boarding School Cooperative (Kopontren) business unit, Basmalah Store, and Baitul Mal wat Tamwil (BMT). The success of the economic empowerment confirmed that fiqh in Islamic boarding schools was not only studied dogmatically. This also showed the openness of Islamic boarding schools to accept progressive ideas in seeing new civilizations with their classical values. In conclusion, this study was expected to be an academic reference that pioneered the renewal of fiqh mu’amalat in the digital era.]]>
<![CDATA[Modernizing Divorce in Courts: How to Realize Justice in Diverse Geographical Conditions? ]]>
<![CDATA[Lisnawati, Lisnawati]]>;
<![CDATA[Ahmad, Sabarudin]]>;
<![CDATA[Safrut, Bariah]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024) ]]>
Publisher : <![CDATA[Universitas Islam Negeri Mahmud Yunus Batusangkar ]]>
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DOI: 10.31958/juris.v23i2.11836
<![CDATA[The modernization of Islamic family law requires divorce to be carried out in court. However, it causes problems of injustice in its implementation, especially for some people in Central Kalimantan Province. For example, a wide geographical condition makes the location of the court and the community not always easy to reach, which makes it difficult for people to propose and administer divorce through the court. The study aimed to analyze how to realize divorce justice in court in diverse geographical conditions. The study was a juridical-empirical legal study with analysis using the theory of legal objectives and maslahah. The findings showed that divorce in court in its implementation causes injustice, especially in Central Kalimantan Province, due to geographical conditions that make it difficult for people to access the court. The wide area and far distance, and the condition of terrain (broken road) in some areas make the community fall into a dilemma. They must choose the least mudharat (disadvantage/harm). Also, the findings offer optimization of two things that can minimize harm and injustice for the community, namely optimization of the implementation of mobile courts and the use of the e-Court system. The alternative solution is proposed because these two things have limitations in both facilities and infrastructure and their implementation. In addition, it needs to have further study on the idea of isbat talak as another alternative to overcome this problem]]>
