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
Articles
276 Documents
<![CDATA[TAKHRIJ AL-FURU’ ALAL USUL PERIODE IJTIHAD DI MASA SHAHABAT DAN TABI’IN (Kajian Sosiologi - Antropologi Hukum Islam) ]]>
<![CDATA[Erwan Erwan]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v17i2.1165
<![CDATA[This research reveals the truth about the reality of Islamic law and its scope. This study was a library research. The data were obtained through the library method, namely by collecting data and materials from books that are relevant to this discussion, by reading, studying, and analyzing all the sources. Sociological-anthropological understanding means discussing the truth of a fact in depth. Law as something that is related to humans, then the relationship between humans and other human beings is in a life interaction. Because without the interaction of life there will be no law (ibi societas ibi ius, zoon politicon). Law serves to regulate relations between people. But not all human actions have their regulation. Only actions or behavior that are classified as legal actions. Legal law relations consist of bonds between individuals and individuals and between individuals and communities. In its efforts to regulate, the law adapts to the interests of society well. As a collection of rules or principles, the law has a general and normative content, the legal principle aims to protect the interests of human beings as social beings. Therefore the law must be obeyed, must be carried out and maintained, but not violated. Humans are given the mind to think, then ijtihad is the deployment of the ability of the brain. The real fact shows that thisdynamics had existed during the Prophet's benediction and tabi'in.]]>
<![CDATA[HUKUM ADAT DI INDONESIA PERSPEKTIF SOSIOLOGI DAN ANTROPOLOGI HUKUM ISLAM ]]>
<![CDATA[Dedi Sumanto]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v17i2.1163
<![CDATA[This paper aims to reveal the implementation of customary law in terms of the form of marriage carried out in several regions in the portrait of the sociology and anthropology of Islamic law. The study was carried out with a socio-cultural approach through phenomena in the field that were in accordance with the literature and empirical observations of each customary event related. The method used is Library Research and observing phenomena in the field regarding customary law that applied in the community. The results of the study in customary law shown that based on reality, social and cultural customary law communities in Indonesia indicated the form of marriage as an Honest Marriage, Semenda Marriage, Free Marriage, Mixed Marriage and Out of Law Marriage as the forms of legal cultural habits that exist in a customary community in the form of unwritten so that the functions and applications can be carried out in accordance with the obedience of the law based on a sense of justice in society and practice in the community where the written law is not always in line with developments in society. It can be conluded that the written rules cannot solve existing problems and sometimes it does not reflect a sense of justice in society.]]>
<![CDATA[TRADISI PEGI TEPAT MASYARAKAT DESA TALANG PETAI KABUPATEN MUKOMUKO DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Jamal Mirdad]]>;
<![CDATA[Al Ikhlas]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v17i2.1176
<![CDATA[Pilgrimage tradition in Indonesia is a phenomenon that has not been eradicated by the times. The more modern and sophisticated technology, the more pilgrims come. In each city and region there are many people who cult certain graves to the point that the tomb can solve their problems. The tradition of the grave pilgrimage or the term in Mukomuko Regency is "pegi tepat." It is a traditional practice carried out every year. Many practices that come from outside the teachings of Islam even there are deviations from the teachings of Islam itself such as: prostration on the grave, asking for healing, enliven the grave and combining between tradition and religion. ]]>
<![CDATA[STRATEGI PENGELOLAAN ZAKAT DALAM UPAYA PENGEMBANGKAN USAHA PRODUKTIF (Studi Kasus Pada BAZNAS Kabupaten Bungo) ]]>
<![CDATA[Muklisin Muklisin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 17, No 2 (2018) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v17i2.1174
<![CDATA[Zakat management is an activity of planning, organizing, implementing, and supervising the collection, distribution, and utilization of zakat. Zakat management is carried out by Amil Zakat Agency formed by the government which is organized in the form of an agency or institution. The management system of Amil Zakat Agency (BAZNAS), as a zakat management institution established by the government, is still not optimal and less trusted by the public or muzakki. This means that the performance still needs to be improved to maintain the continuity of the benefits of the use of zakat and infaq. Therefore, BAZNAS must be able to make a strategy in managing zakat, especially in developing productive businesses so that it can provide and help the productive businesses for citizens so they can develop the economy of their own family.]]>
<![CDATA[HUKUM ISLAM DAN PERUBAHAN SOSIAL ]]>
<![CDATA[Muhammad Faisol]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v18i1.1397
<![CDATA[It is undeniable that the dynamics of social and Islamic law are intertwined in forming a change. On the one hand, the dynamics and social change occur because of the influence of Islamic law, and in one side the social change affects the development and change of Islamic law. The inscription shows that the Islamic law brought by the prophet Muhammad SAW. has clearly changed the social community order at the time. Social conditions based on poor customs and habits have turned into a society based on Islamic law. Therefore, it can not be denied the change of law because of social change as affirmed in the rule of fiqh. This also demonstrates the nature of Islamic law that always matches the development of the times.]]>
<![CDATA[WANITA HAMIL DAN MENYUSUI YANG MENINGGALKAN PUASA RAMADHAN DALAM PERSPEKTIF HANAFIYAH DAN SYAFI'IYAH ]]>
<![CDATA[Amri Effendi]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v18i1.1370
<![CDATA[Fasting is one of the pillars of Islam that must be shown by someone who has fulfilled certain requirements. Islamic scholars agree that the fasting of Ramadan must be carried out by every adult, resourceful, Muqim (in his place of residence), and healthy as long as he/she has not been a barrier to fasting, such as menstruation and Nifas for women. The purpose of this discussion is to explain the perspective of Hanafiyah and Shafi'yah against pregnant and nursing women who avoided the fasting of Ramadan. This type of research is a library research (literature research). The results shows that the perspective of Hanafiyah Ulama and Syafi'iyah Ulama about the consequences of the law on pregnant and nursing women who avoided the Ramadan fasting due to fear of safety of herself and her son there are differences of opinion. There were distinction opinion in establishing mandatory fidyah as a result of its law while in concerning fasts agreed upon by both.]]>
<![CDATA[REORIENTASI LGBT DI INDONESIA (STUDI FIQH AL-HADITS) ]]>
<![CDATA[Mahdalena Nasrun]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.956
<![CDATA[Liberal NGOs such as Ardhanary Institute, Gaya Nusantara and Arus Pelangi devoted their bodyfor LGBT with a statement “my body is mine, not the one who has the right to govern my body, notthe parents, the state, and even the religion”. This movement is disturbing the community. Theresearch question of the study was how did LGBT exist in Indonesia? And how does fiqh al hadithview about LGBT. This study used normative legal research. The result of this study revealed that theexistence of LGBT in Indonesia in its history. Prohibition and punishment have been explained inthe book of Tuhfah al Ahwaz , the fatawa of MUI (Indonesian Council of Ulama) (1974, 2014)in line with the criminal code article 292 homosexsual acts, article 4 point 1a of the law onpornography and contradictory to article 1 of law № 1 of 1974 about marriage.]]>
<![CDATA[KONTRIBUSI KESUKSESAN RANTAU TERHADAP PENINGKATAN EKONOMI MASYARAKAT DI DAERAH ASAL (STUDI USAHA FOTOKOPI MASYARAKAT ATAR) ]]>
<![CDATA[Farida Arianti]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.964
<![CDATA[This study investigated the contribution of the success of local migrants (perantau) from Atar toward the economic development of the community in the region of origin, and the factors contributing to the success . This study was a quantitative research that sought the extent of the contribution of the success of perantau to the economic development of communities in the area of origin. The data were collected by using questionnaire and analyzed by using linear regressional analysis. The findings showd that the influence of solidarity on economic improvement can be seen as follow: Y = 23.326 + 0.014. X. This showed that each one unit solidarity increased the economy of 0.014. Factors contributing to the impact of the success were the desire to develop Atar community in the business of photocopying. In addition, seeking independent work and not becoming employee forever.]]>
<![CDATA[PIDANA MATI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM ]]>
<![CDATA[Roni Efendi]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.965
<![CDATA[Debatable of the death penalty actually based on the issue of justice, humanity and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be able to prevent crime and reduce crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glimpse of the issue that colored the discourse on the pros and cons of the existence of capital punishment. Between the retensionist and the abilitionist against true the death penalty has an argument each based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still apply the death penalty in punishment system beside Saudi Arabia with qhisash which applid in Islamic Law system. Both countries have a legal standing built on the meta norms, their theories and philosophies each of course has its own urgency to be discussed in the midst of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relation to the application of thedeath penaltyin both countries that embraces the different legal system, from this comparative study will contribute thoughts in the reform of criminal law in Indonesia.]]>
<![CDATA[PERSUSUAN (AR-RADHAA’) MENJADIKAN KEMAHRAMAN DALAM PERKAWINAN (KAJIAN TAFSIR MAUDU’I ALQURAN SURAT AN-NISA AYAT 23) ]]>
<![CDATA[Thoat Setiawan]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.957
<![CDATA[The implementation of marriage in Indonesia has been equipped with regulations regarding the legal requirements of marriage. One of them is the regulation concerening with whether marriage is permitted by a couple of sepersusuan (a couple who belongs to the same breast feeder) since thetre still marriages that are performed by such couples. This study therefore aimed to figure out the status and posistion of marriage a couple of sepersusuan. The problem of the research in this study was formulated in the following question: what is the status and position regarding with the legal consequences of marriage by sepersusuan couples in the framework of Islamic law.The research method used was Tafsir Maudhu’i Discussion by collecting and systematically compiling the verses and trying to summarize the interpretations of the commentators (interpreters) on the verses of the Qur'an associated with the theme of sepersusuan (ar-Radhaa ') Making it Permitted In Marriage. After that it was described by observing the Munasabah and Asbabun Nuzul of the verses by referring to some of Tafsir al-Munir's primary sources, Tafsir al-Misbah, Tafsir Ibn Katsir.]]>
