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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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MAQĀṢID AL-SYARĪ’AH DALAM TINJAUAN PEMIKIRAN IBNU ‘ĀSYŪR DAN JASSER AUDA Mohammad Fauzan Ni’ami; Bustamin Bustamin
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 1 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This paper examines the comparative maqāṣid al-syarī’ah in the thoughts of ibn 'āsyūr and jasser auda, preceded by examining the construction of maqāṣid al-syarī’ah thinking of ibnu' āsyur and jasser auda which contains the background of thought, maqāṣid al- theory. shārī 'ah, and the method of determining the maqāṣid al-syarī’ah. This paper also analyzes the advantages and disadvantages of the similarities and differences between the maqāṣid al-syarī’ah which was initiated by Ibn 'Āsyūr and Jasser Auda. Not to forget that this type of research is library research using a comparative approach. The results show that the similarities of maqāṣid al-syarī’ah ibnu āsyūr and jasser auda both make constructive criticism of the traditional model maqâsid for various reasons, while the difference is that the concept of maqāṣid asy-syarīʻah is offered with their background backgrounds. The weaknesses of the maqāṣid al-syarī'ah Ibn 'Āsyūr are that the big idea is still the same as that of Imam al-Shāṭibī such as the method of istiqrā' and the way of expressing the aims of shari 'by paying attention to the form of amar, nahi which has a clear start, while the lack of maqāṣid al-syarīʻah Jasser Auda is in the author's opinion setting aside the turast tradition.

PEMAHAMAN PARA SUAMI TERHADAP KONSEKUENSI SIGHAT TAKLIK TALAK (Studi Kasus di Desa Pematang Sungai Baru Kecamatan Tanjung Balai Kabupaten Asahan) Hamsah Hudafi; Irwan Irwan
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 1 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This paper explains the number of marriages that say sighat taklik talak, but actually the husbands do not understand the meaning. This paper will discuss how husbands understand the consequences of the sighat taklik talak they say. This type of research uses juridical empirical, which examines legal cultures that live in society and this research is descriptive in nature, which uses a natural approach (interpretive paradigm). Sources of data in this study are the community, including religious figures, community leaders, and actors, namely the husband who said sighat taklik talak at the time of his marriage, and the husbands' wives, then also books that are considered relevant to the problem to be studied. The results of this study are, the understanding of the husbands in the village of Pematang Sungai Baru Kec. Tanjung Balai Kab. Asahan to sighat taklik talak shows that husbands do not understand the purpose and purpose of sighat taklik talak, they only think that it is a series of wedding processions that they must follow. The consequences of sighat taklik talak uttered by the husband are actually very sacred, the husband must fulfill it and if the husband violates it, the wife can file a lawsuit at the local religious court to release herself from her husband.

IMPLEMENTASI MEDIASI PADA PROSES PERCERAIAN TKI DI PENGADILAN AGAMA PONOROGO Taufiqurohman Taufiqurohman
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 1 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This paper discusses the implementation of mediation in the Indonesian Worker (TKI) divorce process at Religious Court of Ponorogo. Recently, mediation has become an alternative in resolving cases outside the litigation path. The high number of divorce cases is increasingly concerning, for example in 2013, Religious Court of Ponorogo experienced an increase of 1,781 cases from 1,668 cases in 2012. After six years, the divorce rate is still quite high. Data for 2019 for the period of January-August, 422 cases of divorce, and 1,044 cases of divorce doubled. The cause of the divorce is mostly due to economic factors, the continuous bickering until these factors leave one party. Interestingly, cases of divorce include a married couple who work as migrant workers. Mediation as an important instrument in divorce prevention, as well as part of the court process, is the starting point for handling divorce for migrant workers. However, the existence of the parties because they work as migrant workers certainly has implications for the implementation of mediation. The approach used is a normative juridical approach, namely an approach based on the provisions of Islamic law and statutory regulations. As a result, TKI mediation in Religious Court of Ponorogo in 2013 reached 104 cases, all of which ended in failure. In addition, out of 104 cases, 81 cases were decided one after another because one party never attended and was abroad.

DISKURSUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM TINJAUAN UNIVERSALISME HAM DAN RELATIVISME BUDAYA Fitrawati Fitrawati
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 1 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This paper tries to examine the right to freedom of interfaith marriage in Indonesia from the perspective of Human Rights Universalism and Cultural Relativism. The purpose of this paper is to explain how universalism and cultural relativity view interfaith marriage in Indonesia. This research is a normative legal research. This study uses a literature approach. The findings of this study indicate that interfaith marriage in Indonesia is still not well accepted and has always been controversial news in the community, even considered to have exceeded or violated the provisions of marriage, but there are still followers of different religions who decide to marry. In fact, many of them are smuggling laws so that their marriages are recognized by the state, namely by registering marriages abroad and then continuing the registration in Indonesia. Meanwhile, on the other hand, Indonesia already has a law on Marriage, namely, Article 2 paragraph 1. It is also contained in the article of the Universal Declaration of Human Rights, namely the right to freedom of marriage (article 16 UDHR) which includes the right to marry between religions (different religions), and the right to freedom of religion (article 18 UDHR) which includes the right to change religions. Meanwhile, in cultural realivism, it rejects everything that is universal.

Future Gold Commodity: Indonesian Ulema Council Vs Lajnah Daimah lil Buhuts al-’Ilmiyyah wal Ifta Ayu Rahayu Nurhalizah; Ach Fageh
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Technological developments have made it easier to buy gold. Buying gold in installments or online is currently a trend and growing in Indonesia. Buying and selling transactions like this have not been explained in detail in classical fiqh. This research is a normative research with a comparative approach, namely comparing the laws of a country with the laws of one or more other countries regarding the same case. The data analysis techniques used in this article are in the form of data reduction, data presentation, and drawing conclusions. The results of this study state that there are differences of opinion between the Indonesian Ulema Council and the Saudi Arabian Fatwa Institute. The Saudi Arabian fatwa institution issued a fatwa regarding the prohibition of buying and selling gold in futures, because gold is a type of usury property and contains 'illat as a unit of price or means of payment. Meanwhile, the National Sharia Council of the Indonesian Ulema Council stipulates a fatwa regarding the permissibility of buying and selling gold in cash or futures, because at this time, gold is no longer a price (tsaman), but gold is an ordinary merchandise or commodity. The discussion about buying and selling gold is in the realm of ijtihad, which is inseparable from differences of opinion (khilafiyah), because there is no definite text in this matter.

Implementation of the Hybrid Contract Concept in Multiservice Ijarah Financing as a Financing Alternative Health Service in the Covid-19 Pandemic Darti Busni; Doli Witro; Iwan Setiawan; Nana Herdiana Abdurrahman; Raid Alghani
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

This article discusses applying the hybrid contract concept in multiservice ijarah financing as an alternative to financing health services. This is important to study because health services are one of the most urgent things in the current Covid-19 pandemic. This article aims to determine the form of contracts contained in multiservice ijarah financing as an alternative to financing health services in the Covid-19 pandemic. This type of research is normative legal research. The data were obtained from library materials such as books, journals, etc. The analysis results show that health financing can be carried out in two ways: the ijarah contract, which begins with the bank through investors doing the health institution after making the contract, and the wakalah contract through the customer himself. People who have financial problems paying for health costs with multiservice ijarah transactions can apply for health financing to Islamic Financial Institutions for their families to minimize deaths before treatment in the Covid-19 pandemic.

The Reconstruction of High-Inherited Wealth in Minangkabau through Cash Waqf Movement Eficandra Eficandra
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

The development and demands of modern life results in the decrease of role and existence of high-inherited wealth in Minangkabau. This fact requires a reconstruction of the development of high-inherited wealth in Minangkabau. One of them is through cash waqf movement which is an alternative in developing and empowering the people’s economy. This paper aims at explaining the reconstruction of high-inherited wealth in Minangkabau through the cash waqf movement. This study tried to offer solutions and alternatives in restoring the role and existence of high-inherited wealth in Minangkabau through the cash waqf movement. By using a qualitative approach, this study found that the cash waqf movement can restore the role and position of high-inherited wealth in Minangkabau in the following forms; first, returning or reclaiming the pawned assets and increase the number of assets through the cash waqf movement from all members of the tribe or clan. Second, striving for the legality of these assets by changing the certificate into waqf property. Third, managing the high-inherited assets productively and share the profits for the economic needs and welfare of the people or tribe. Assets management and development through the cash waqf movement can be used as a model for other communities, especially the Minangkabau community in managing people’s or tribal assets and improving the welfare of the people.

Disparity in the Considerations of Judges in Deciding Divorce Disputes in Religious Courts and District Courts Dodon Alfiander
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

This paper aimed at exploring judges’ disparity in deciding divorce disputes in religious courts and district courts. Disparity is not only the differences in legal subjects that obey the absolute competence of different judicial environment but also the norms that serve as guidelines. This research is empirical juridical research with primary data namely judges’ decision and the results of judges’ interview. This research found that there were several disparity differences between religious and district judges in deciding divorce disputes. First, the considerations of district court judges were oriented to the aspect of legal certainty over juridical considerations. Second, besides paying attention to legal certainty aspects, the panel of judges at religious courts also considered religious aspects in making decision. Consideration of the rules of Islamic law has a very important role for judges in making decisions.

Manifestation of Sharia Regional Regulations in Managing Social Morality Muhammad Sabir; Nazaruddin Nazaruddin
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

This study discuss about the manifestations of shariah perda in managing of sosial morality. The type of this research is a qualitative descriptive using the sociological, historical and normative juridical approaches. The results of this study suggest that the sharia regional regulations are established based on the Koran and hadith. In the history of its formation, it is inseparable from the formation of national law by observing the three periods of its formation, especially regarding regional autonomy. It is also necessary to understand that if you look at the position of regional regulations, especially sharia regulations by looking at the legal system in force in this country, it can be understood that Islamic sharia has an important position in the formation of law in Indonesia. This regulation aim of safeguarding and protecting the dignity of the community. Although there is opposition and rejection of it, this rule is in accordance with the national legal system and makes a great contribution to managing people's lives. Because one of the functions of law is to regulate or control the actions and behavior of the community so as not to do actions that are detrimental to themselves and to the surrounding community.

The Urgency of Fatwa in The Law of Sharia Economics in Indonesia Elsy Renie
JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar

Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.

Page 19 of 28 | Total Record : 276

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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