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JURIS (Jurnal Ilmiah Syariah)

Juris
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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 276 Documents

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PERLUASAN MAKNA HARTA BERSAMA PERSPEKTIF SOSIOLOGI HUKUM ISLAM Isnadul Hamdi
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

This research is based on the problems in the distribution of common property. First, the emerging of differences in the system of distributing of common property in talak raj'i and talak ba'in. Second, the occurrence of expansion in terms of income during marriage such as the existence of insurance. Third, the existence of the agreement in marriage before the joint property is shared. The result of the research shows that in the sociology perspective of Islamic law the effort to share the common property: first, in the case of divorce because the situation is still in the iddah period of talak raj'i, property should not be divided because it minimizes the possibility of reunification. Unlike the case if talak ba'in, property should be devidedd soon because it certainly will not be reunited. Second, in response to the expansion of common property such as the existence of insurance money, all Indonesian Judge agreed that all property acquired during marriage is related to Taspen Insurance, Asabri Fund, Labor Insurance, Traffic Accident Fund, Passenger Accident Fund, Life Insurance Fund, Property of Luggage, Credit that has not paid off. Third, the agreement in marriage greatly affects the distribution of common property given the existence of Article 45, 52, and 97 Compilation of Islamic Law "divorced or divorced widow respectively entitled to two joint property as long as not specified in the marriage agreement.

KEWARISAN ANAK ANGKAT YANG BERKEDUDUKAN SEBAGAI ASHÂBUL FURÛDH (Analisis Terhadap Putusan Pengadilan Agama No. 287/Pdt.G/2006/PA.Pdg.) Dodon Alfiander
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

The Case No. 287/ Pdt. G/ 2006/PA. Pdg. is a lawsuit Wasiat Wajibah submitted to the Religious Court of Padang. The Religious Court of Padang sets the plaintiff on this case as an adopted child who is entitled to obtain a mandatory will from his foster mother's estate. Where as between the plaintiff and his adoptive mother has a very close kinship relationship. The plaintiff is the real child of his adoptive brother's brother, while at that moment the plaintiff's adoptive mother was the heir of Kalâlah. The Law of Inheritance of Islam recognized the right of inheritance to the sister’s child. Sister’s son's inheritance is not clearly contained in the Qur'an and the hadith of the Prophet Muhammad pbuh. However, sister’s child's inheritance rights are basically through the extension of the understanding of other whose rights are described in the Qur'an, because if he or she has no sister and brother, the position can be replaced by the child. Sister’s child will not get the right as long as his father who connects him to the heir is alive. This can be understood as the concept of "Expanding Brotherhood Meanings". Thus, the decision of the Religious Court of Padang on the Wasiat Wajibah which sets the plaintiff to obtain the right to the property of his adoptive mother through Wasiat Wajibah is not appropriate. This is because the plaintiff has a very close kinship with his adoptive mother. Therefore, the plaintiff is more aptly part of the heritage of his adoptive mother through his right as an heir (ashâbul furûdh), not as a mandatory will. This is because the plaintiff replaces the position of his biological father as the heir because he has died earlier than his adoptive mother. The Plaintiff is entitled to receive a share of furûdh against the inheritance of his adopted mother. The furûdh portion obtained is based on the letter of al-Nisâ verse 176.

TRADISI UANG ILANG SEBAGAI HUKUM ADAT DALAM PELAKSANAAN PERNIKAHAN DI NAGARI CAMPAGO SELATAN Riyen Gusti Suparta
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

The Lost Money or Given Money” is called Uang Ilang in term of Minangkabau culture. It is a gift in the form of a sum of money by the bride and groom given to the prospective bridegroom. The payment of “the lost money” is done through intermediary the head of the tribe between the two sides of the family. This tradition of “the lost money” is a customary requirement that must be met by the family of the bride to the prospective groom. The amount of money may vary depending on the request of the head of the tribe or the male family to the prospective bride. There are two aspects that determine the amount of money payments first, the cultural aspects and socioeconomic status. The purpose of this study is to describe how the implementation of traditions of “the lost money” in South Campago District. This research used descriptive method with qualitative approach. Data collection by interview and supported by supporting books related to “the lost money”. The result of this research is known that marriage with “the lost money” tradition system is customary law that has been applied to South Campago District community. In the implementation by finding the source of “the lost money” by borrowing, participation from the head of the tribe, helps from the groom if the couple is dating and t”the lost money” be the responsibility of the parents. The high low payment of illicit money for now is also influenced by the social status of the prospective bridegroom but most of the people do traditions of “the lost money” more to the cultural aspect so the number of payers is only as a customary filler only.

KEWENANGAN KOMISI PEMBERANTAS KORUPSI DALAM MELAKUKAN PENUNTUTAN MONEY LAUNDERING Roni Efendi
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

The tackling of money laundering through the criminal Justice System has not been debatable as long as it is handled by sub-systems in the criminal justice system such as the police and prosecutors since they have been bestowed a clear mandate in law. That raised a question, what about Corruption Eradication Commission or KPK? In Article 6 letter C Act no.30 of 2002 on the Corruption Eradication Commission (Law of KPK) explicitly and clearly revealed that the KPK has a duty to conduct the initial investigation, investigation and prosecution of corruption. That article also did not provide the further explanation. For that reason, the authority of KPK in conducting initial investigation, investigation and prosecution is only regarding the criminal act of corruption.In several corruption cases settling, KPK also often tried to apprehend the perpetrators through the law of prevention and Eradication of Money Laundering Crime. Many People criticized KPK but some gave the appreciation on KPK’s efforts in asset recovery. That was also addressed to KPK on its’ authority in investigating and prosecuting TPPU. In the case of No. 39/Pid.Sus/ TPK/2013/PN.Jkt.Pst with the accused Ahmad Fathanah, Joko Subagion and I made Hendra as 2 (two) members of the judges’ panel stated dissenting opinion. It declared that KPK has the authority to investigate TPU but it is only concerning with the wealth which is suspected from a criminal act of corruption. Actually, the authority to persecute TPPU is on the general attorney. Meanwhile, persecutors of KPK does not have the right to file the indicment and demand of the TPPU. Therefore, the indictment related to money laundering should be declared unacceptable. It brings the writer’s unrest on the criminal law enforcement’s practice. It is especially in the eradication of money laundering since it is supposed that law enforcement does no provide justice for justicia belene, certainty and expediency in asset recovery.

TUNTUTAN KEADILAN PERSPEKTIF HUKUM ISLAM Zulkifli Zulkifli
JURIS (Jurnal Ilmiah Syariah) Vol 17, No 1 (2018)
Publisher : Institut Agama Islam Negeri Batusangkar

The justice is viewed from any perspectives and aspects, it means the justice must be positioned as well as possible depends on the situation and time (when and where). In law empowerment all people have the same position and they should get their human right. Method which is used in this study was library research. There is a phenomena where the human right is not found in every human life, but actually it must reach all factors of the human life which having different and balanced. In deciding the justice for human life, it must be as proportional as possible eventhough the right is not always reaching the same position.

MUSTAHIQ ZAKAT FITRAH DAN RELEVANSINYA DENGAN KEWAJIBAN MENUNAIKANNYA BAGI SETIAP MUSLIM (Telaah Pendapat Imam Malik W. 178 H) Mushthafa Mushthafa
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

It is different from the opinion of other religious scholars who state that mustahiq of zakat fitrah is the same as mustahiq of zakat mall as it is Allah's command in QS. Al-Taubah verse 60. Imam of the Maliki School and some Malikiyah scholars argued that mustahiq of zakât fitrah is a indigent and poor group, this is based on instructions of Rasulullah SAW. The existence of ikhtilâf in providing group boundaries for this mustahiq of zakât fitrah will be very interesting to be investigated further, especially if it is associated with the obligation to carry out the order zakât fitrah for every Muslim and wisdom contained in the order zakat fitrah.

PEMIKIRAN POLITIK ISLAM NAJM AL DIN AL THUFI (Kajian Siyasah Syar’iyah) Azzuhri Al Bajuri
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Najm al Din Al Thufi (Read. Najmuddin At-Thufi) was born in Baghdad Thuf Year 675 H/ 1277 M and died in 716 H in the city of Medina. He is known as the mujaddid mujtahid, al Thufi is considered to be a person who develops liberal thought in Islam because of his thoughts on the theory of mashlahah. This research is a library research using a normative approach and text analysis method. This study wanted to find the truth about Al Thufi liberal thinking in the field of Islamic political mashlahah, the result is that not true when al thufi regarded as liberal scholars, because mashlahah resting on precedence should only be reasonable if not contrary to the texts.

PROBLEMATIKA SOSIAL PENERAPAN HUKUM ISLAM DI INDONESIA Norcahyono Norcahyono
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

The application of Islamic law in Indonesia has experienced obstacles since the entry of Western law into Indonesia. So that legal theories were born in response to friction between Western law with Islamic law. Receptie theory emerged as a Dutch strategy for corner and reduce Islamic law in Indonesia. Then, the coming of the theory of Receptie Exit law and Receptio a Contrario legal theory as symbols of resistance to prove that Islamic law still exists in Indonesia. There are two social problems which has a big influence on the application of Islamic law in Indonesia; First: the entry of Western law into Indonesia which intersects with Customary law. Second: Political and cultural influences of the community. In sociological reviews, Islamic law is difficult to be applied in Indonesia, because Islamic law is existed in the area of Religion to territory of the country.

PERKEMBANGAN PERATURAN TENTANG ZAKAT DI INDONESIA Widi Nopiardo
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Regulation on zakat is made by the Government with the aim of realizing good zakat governance. Along with the times, existing regulations sometimes no longer accommodate the problem of zakat management in the field. Therefore, the latest regulations are needed regarding the management of zakat. This type of research is library research (library research) using descriptive qualitative analysis. The results of the study show that from 1951 d.d. 2017 there are various regulations regarding zakat, starting from Ministerial Regulations, Presidential Regulations, Government Regulations to Laws. But unfortunately the Law on the management of new zakat was born at the age of independence of the Republic of Indonesia Unitary State which is quite old, namely 54 years. This is marked by the birth of Law No. 38 of 1999 concerning Management of Zakat. In its development Law No. 38 of 1999 was revised to achieve the optimization of zakat management in Indonesia. The result of the revision was the establishment of Law Number 23 of 2011 concerning Management of Zakat. Followed by the issuance of Government Regulation of the Republic of Indonesia Number 14 of 2014 concerning Implementation of Law Number 23 Year 2011 concerning Management of Zakat. In addition, the Presidential Instruction (Inpres) No. 3 of 2014 concerning Optimization of Zakat Collection in Ministries / Institutions, Secretariat General of State Institutions, Secretariat General of State Commissions, Regional Governments, State-Owned Enterprises and Regional-Owned Enterprises through the National Amil Zakat Agency.

PIDANA MATI BAGI PELAKU TINDAK PIDANA KORUPSI MENURUT SISTEM HUKUM DI INDONESIA Muhammad Afdhal Askar
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

The development of Corruption Crimes has a widespread adverse impact on the lives of Indonesian people life. To stop this, it is needed to be taken a variety of extraordinary efforts including by implementing capital punishment for perpetrators, especially related to criminal acts of corruption that concern to many people that occur when the country is in danger. Even so, not all people agree with the application of capital punishment because it is considered to be conflict with Human Rights, the Constitution of the Republic Indonesia and Pancasila. To analyze these legal issues, various efforts can be taken such as seeing the meaning of the nature of human rights in the perspective of national and international law, interpreting legal norms using appropriate interpretation methods and seeing the existence of capital punishment in the perspective of religious law and customary law. Writing in this study uses a normative juridical approach with the type of data in the form of secondary data which comes from primary legal material and secondary legal material. The writing is done descriptively.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Arifki Budia Warman

Contact Email arifkibudiawarman@iainbatusangkar.ac.id

Phone +6285274203609

Journal Mail Official juris@iainbatusangkar.ac.id

Editorial Address Jln. Sudirman, No. 137, Kubu Rajo, Limo Kaum, Batusangkar, Sumatera Barat, Indonesia

Location Kab. tanah datar, Sumatera barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Arifki Budia Warman

Contact Email
arifkibudiawarman@iainbatusangkar.ac.id

Phone
+6285274203609

Journal Mail Official
juris@iainbatusangkar.ac.id

Editorial Address
Jln. Sudirman, No. 137, Kubu Rajo, Limo Kaum, Batusangkar, Sumatera Barat, Indonesia

Location
Kab. tanah datar,

Sumatera barat

INDONESIA