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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276 Documents
<![CDATA[KAJIAN FAKTOR PSIKOLOGI YANG BERPOTENSI MEMPENGARUHI KEBERHASILAN RUKYAT ]]>
<![CDATA[Ridhokimura Soderi]]>;
<![CDATA[Ahmad Izuddin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.1930
<![CDATA[The success factor in hilal is not only related to astronomical aspects. However, it is also closely related to perukyat’s psychological itself. In psychology, experience is one aspect studied as a scientific study of behavior and mental processes. Psychology uses a systematic method to observe human behavior and draw conclusion from this observation. Some psychological aspects of the perukyat are vision, perception, attention, concentration, and experience. Thorndike's law effect theory states that if an action is followed by a satisfactory change in an environment, the possibility of that action to be repeated tends to increase. That experience is an ability to decide on something because of the knowledge that has been obtained previously. In everyday human life, human experience always forms a unity in certain patterns and configurations. The rukyat technique used by Inwanuddin is in line with psychological theories, namely rukyat before ghurub which aims to increase concentration, then many experiences also affect the subsequent results of rukyat. Some levels of experience obtained based on the data and results of the interval class calculation are: 1-5 times is less experienced, 6-10 times sufficient experience, 11-15 times experienced, 16-20 times very experienced.]]>
<![CDATA[UPACARA KEMATIAN PADA MASYARAKAT NAGARI TALUAK KECAMATAN LINTAU BUO KABUPATEN TANAH DATAR DALAM PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Siska Elasta Putri]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.1997
<![CDATA[The death ceremony is one of the traditional ceremonies carried out by the community in Nagari Taluak, Lintau Buo District, Tanah Datar regency. The implementation of this ceremony began from the first day the body was buried until the next hundred and ten days. The problem arising is how does the Islamic law perspective view the implementation of this traditional death ceremony? The method used in this research is qualitative method. Data collection was carried out by participatory observation and in-depth interview. The research findings are (1) if the ceremony is carried out by praying together, in the sense that the priest presides and the others agree, then there is no prohibition, (2) if the ceremony is held by holding a banquet, where the family of the deceased cooks food even to slaughter cows or goats, the priests of the four and the scholars agree that the act is makruh, (3) but it is permissible if it aims only to entertain the guests with the intention only to glorify them.]]>
<![CDATA[IHTIKAR: PERILAKU MENIMBUN DALAM KAJIAN MUAMALAH ]]>
<![CDATA[taufiq taufiq]]>;
<![CDATA[Razali Razali]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2130
<![CDATA[Fiqh termed hoarding goods with the word ihtikar, various definitions were given by the jurists about Ihtikar. In the context of conventional economic Ihtikar synonymous with monopoly. Prohibition of ihtikar in Islam in order to realize justice in the market between producers and consumers. There are three categories of ihtikar law in fiqh muamalah, which are haram, makhruh and may. illat ihtikar incompetence is on goods that are needed by many people and becomes expensive if it is controlled by one party. Islam provides space for the government to intervene in the market so that the circulation of people's needs in the market takes place normally. Even in the study of siyasah muamalah, the jurists advocated the formation of the Hisbah to control the market mechanism in order to realize economic justice.]]>
<![CDATA[DISHARMONISASI ANTARA MAHKAMAH KONSTITUSI DAN MAHKAMAH AGUNG DIHUBUNGKAN DENGAN ASAS KEPASTIAN HUKUM (Studi Putusan Nomor 30/PUU-XVI/2018 dan Putusan Nomor 65 P/HUM/2018 dengan Pemohon Oesman Sapta Odang) ]]>
<![CDATA[Angghie Permatasari]]>;
<![CDATA[Lusy Liany]]>;
<![CDATA[Amir Mahmud]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2043
<![CDATA[Disharmonization between the Constitutional Court's Decision and the Supreme Court's Decision related to the case of the executive (functionary) of political parties in the nomination of DPD RI members in the 2019 General Election. The research method used was normative juridical research, using secondary data. The results of the discussion are: First, disharmony between the Constitutional Court Decision Number 30 / PUU-XVI / 2018 and the Supreme Court Decision Number 65 P / HUM 2018 in the nomination of DPD RI members in the 2019 General Election related to the phrase "other work" in Article 182 letter l of the Election Law. Second, as a result of the two decisions, the Election Commission issued a KPU Regulation as the implementation of the Constitutional Court's Decree containing a ban on the "functionary" management of political parties not allowed to nominate as members of the DPD RI in 2019. Third, in the arguments that contradict each other / disharmony Islamic teachings are familiar with Islamic teachings. the existence of Ta'arud Al-Adillah by way of Al-Jam'u wa taufiq. As for the suggestions in this paper: First, it is hoped that in the future all testing of legislation will be made as one roof in the Constitutional Court or in the Constitutional Question. Second, the KPU is still guided by the latest PKPU in the implementation of the coming elections as the implementation of the Constitutional Court's decision. ]]>
<![CDATA[TANGGUNGJAWAB NEGARA TERHADAP KEBAKARAN HUTAN DAN LAHAN DALAM PERSPEKTIF HUKUM NASIONAL DAN ISLAM ]]>
<![CDATA[Syafi’ul Anam]]>;
<![CDATA[Muhammad Afdhal Askar]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.2100
<![CDATA[The responsibility given by the state to the occurrence of forest and land fires so far has not been considered optimal. Whereas the state has responsibilities towards its citizens, one of which is in ensuring the rights of citizens to get a clean and healthy environment. The liability referred to arises from the legal relations between the countries as mentioned in the fourth alinia of the Preamble of the 1945 Constitution through the phrase "protecting the entire Indonesian nation and the whole of Indonesian blood". Whereas in the Islamic perspective it also regulates that the purpose of the state is to create benefit for its citizens. Therefore, various losses to citizens due to forest and land fires should have been the responsibility of the state. So that what is demanded from the role of the State is not only prevention but also overcoming various impacts of losses caused as a result. Research is a normative juridical study using secondary data as the main. The nature of this research is qualitative.]]>
<![CDATA[TAFSIR FIKIH DALAM KHAZANAH PENAFSIRAN ALQURAN ]]>
<![CDATA[Arif Zunzul Maizal]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 1 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i1.1669
<![CDATA[The interpretation of the Koran as a sacred text turns out to not escape subjectivity. This can be seen from the rapid development of interpretation which is influenced by the subjectivity or tendency of each mufassir. Jurisprudence between trends or patterns of interpretation is growing rapidly, so it requires in-depth discussion and study. Discussion about the nature of fiqh interpretation is done through library research on fiqh interpretation works, beginning with collecting related references then discussing with using descriptive, analytical and comparative methods. From these discussions, several conclusions were formulated. First; the attention of scholars to the interpretation of fiqh is very large, this is evident in the many books of fiqh interpretations, both in the form of interpretations of fiqh verses in a special way, interpretation of fiqh verses in a thematic manner and interpretation of fiqh verses together with other verses in one interpretation book. Second, the method of istinbath fiqh law greatly influences the method of fiqh interpretation, so that differences in fiqh interpretation follow the polarization of fiqh schools. Third, some jurisprudents of fiqh interpretation are trapped by the tendency of the school they follow so that fiqh interpretation becomes a justification tool for the existing fiqh opinion concept.]]>
<![CDATA[ANALISIS KRITIS KONSEP KEPEMILIKAN HARTA DALAM ISLAM ]]>
<![CDATA[Fitri Utami]]>;
<![CDATA[Dini Maulana Lestari]]>;
<![CDATA[Khaerusoalikhin Khaerusoalikhin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2330
<![CDATA[Wealth or property is the esential thing which has a thighten relationship throug human life. Islam has already well organized regarding to wealth or property ownership. One of Islamic property ownership concepts is Ihrazul Mubahat which means free property ownership. However, is ihrazul mubahat concept appropriate if it is implemented in Indonesia? While as known as Indonesia has two resources of law, those are positive law and sharia law. The purpose of this article is to discuss deeply regarding to implementasion of ihrazul mubahah concept in Indonesia, and this is kind of descriptive qualitative method research throgh library research approach. The result of this research revealed that in Islamic property and ownership specifically ihrazul mubahat concept needs such a regulation in the term of Islamic law regarding to enrole of ihrazul mubahah concept properly, thus it can be adapted into Indonesia’s law system.]]>
<![CDATA[ALIRAN PEMIKIRAN USHUL FIQH DAN PENGARUHNYA TERHADAP PENDEKATAN HUKUM ISLAM ]]>
<![CDATA[Hanif Aidhil Alwana]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2375
<![CDATA[Law is the result of Fuqaha's ijtihad regarding an act of mukallaf, in its understanding Islamic law is derived from the al-Quran and Sunnah. Although the existence of the al-Qur`an and the Sunnah is not in doubt, the understanding of law from these sources often experiences ikhtilaf (differences) of opinion, besides this the risk of causing divisions in society, these problems are influenced by schools of legal thought. This paper will describe the history of these schools of thought and their relevance in establishing law. The method used was descriptive analysis, with a qualitative approach based on the content (content analysis) of previous writings. In this paper, it is found that the difference in legal opinion is influenced by the way of thinking of the mujtahid which is divided into mutakallimin schools which are identical to understanding the legal text; fuqaha with the style of rules and legal reasons extracted from the law-making text (syari`) or also termed a contextual style; and a combination that seeks to combine the two types of legal understanding, this gives birth to different legal features. This is the scientific treasure of Islamic law which must be developed in the future to always exist in answering legal problems in the future.]]>
<![CDATA[BIRO JODOH ONLINE: KEGUNAAN DAN DAMPAK ]]>
<![CDATA[Regita Amelia Cahyani]]>;
<![CDATA[Rizqa Febry Ayu]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2362
<![CDATA[Along with the development of technology in the digital era, it is increasingly easier to access communication. Various applications used in the process of finding a partner. One of them is the emergence of an online matchmaking application which is experiencing rapid development. So that the transition to the concept of matchmaking from conventional to online is not new, along with the times. This research focuses on the implications for today's online matchmaking agencies. This research used a qualitative approachand using descriptive analytical method. The results showed thatonline matchmaking agencies, although they have positive and negative impacts for their users, but it is not an obstacle for partner seekers through cyberspace.]]>
<![CDATA[FORMULASI RECHTSVINDING DENGAN PENALARAN ANALOGIS DALAM EPISTEMOLOGI HUKUM ISLAM (Telaah Metodologis Qiyas sebagai Ra’y terhadap Mashâdir al-Ahkâm asy-Syar’iyyah) ]]>
<![CDATA[Muhammad Syarif Hidayatullah]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 19, No 2 (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v19i2.2490
<![CDATA[The background of this study is rechtvinding (legal discovery efforts) must be carried out to describe contemporary cases and then establish the law so that there is a legal status.. The qiyas method is a rechtvinding tool with analogical reasoning in the study of the epistemology of Islamic law. Qiyas is the use of ra'y against mashâdir al-Ahkâm asy-Syar'iyyah (al-Qur'an and sunnah) and is one of the secondary legal arguments agreed upon by jumhur scholars. This paper aims to study methodologically the flow of thinking and work patterns of rechtvinding through qiyas. Rechtvinding formulation with the qiyas method is carried out by equating the law of something that has no legal provisions with something that already has legal provisions in the text of the al-Qur'an and sunnah because of the equality of 'illat between the two. In the application of qiyas, there are pillars that must exist, namely ashl, far ', hukm al-ashl and' illat, each pillar has conditions that must be met as legality. With the similarity of 'illat, it can be applied qiyas between ashl to far'. 'Illat is divided into' illat manshushah and 'illat mustanbathah and methodologically there is a method of investigation to find out' illat which is called masâlik al-'Illat.]]>
