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[‘Abd al-Majīd al-Najjār’s Perspective on Maqāṣid al-Sharī’ah ]]>
<![CDATA[Faishal Agil Al Munawar]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.4281
<![CDATA[Maqāṣid Al-Sharī’ah is a discipline that gives enlightenment on understanding and development of Islamic law. Moreover, it can also be used as a verdict (Istinbāṭ) for a Mujtahid. This particular research discusses ‘Abd Al-Majīd Al-Najjār and his unique perspective on Maqāṣid Al-Sharī’ah. The research encompasses library research category with descriptive qualitative approach to point out and reveal Abdul Majid An-Najjar’s Maqāṣid Al-Sharī’ah views. The result displays Majority of Maqāṣid Al-Sharī’ah experts (Maqāṣidiyyūn), the core of Maqāṣid Al-Sharī’ah is to manifest Al-Ḍarūriyyāt Al-Khams (five substances), but ‘Abd Al-Majīd Al-Najjār has different notion which is Maqāṣid Al-Sharī’ah ‘Alā Dawāir Al-Ḥayāh Al-Insāniyyah (human life Maqashid Al- Sharī’ah) that realizes Al-Ḍarūriyyāt Al-Thamān (eight substances) that contains Ḥifẓ Al-Dīn (preserving religion), Ḥifẓ Insāniyyah Al-Insān (preserving humanity), Ḥifẓ Al-Nafs Al-Insāniyyah (protecting soul), Ḥifẓ Al-‘Aql (preserving mind), Ḥifẓ Al-Nasl (preserving heirs), Ḥifẓ Al-Kiyān Al-Ijtimā’ī (preserves social behavior), Ḥifẓ Al-Māl (taking care of property) and Ḥifẓ Al-Bīah (preserving environment) with noble purposes to gain benefits and salvation for here and hereafter. According to ‘Abd Al-Majīd Al-Najjār, realizing benefits for mankind by materializing merits and avoiding perilous things here and hereafter are the supreme objective of Islamic Sharī’ah.]]>
<![CDATA[Bid’ah in Concept of Maslahah Mursalah and Istihsan According to Imam asy-Syathibi ]]>
<![CDATA[Yahdi Dinul Haq]]>;
<![CDATA[Hafizah Muchtia]]>;
<![CDATA[Zia Alkausar Mukhlis]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.3352
<![CDATA[The problem of fiqh that is always developing demands the realization of the argument that is the background of the legal basis for the act of fiqh. Istihsan and mashlahah mursalah are legal grounds accepted by the jurists, although there are some who reject their use. Asy-syathibi actually provides a unique interpretation by relating it to the term bid’ah which is the benchmark for the limits of the development of Islamic law so that it is always in accordance with the direction of the Shari'a.. The purpose of this paper is to explore the opinion of the Al-Imam asy-Syathibi regarding heresy as well as his opinion on the reasons some people base their bid’ah deeds with mashlahah mursalah and istihsan. So that the Al-Imam asy-Syathibi refused to use mashlahah mursalah and istihsan as the basis for heretical deeds.]]>
<![CDATA[Juridical Overview of The Financing of MSME Micro Capital Service Unit (ULaMM) Syariah ]]>
<![CDATA[Nurhikma Nurhikma]]>;
<![CDATA[Ulya Atsani]]>;
<![CDATA[Kieren Akbar]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.3063
<![CDATA[This article is motivated by the special tasks carried out by thePT. Madani National Capital (PNM), which is only to carry out business activities to channel funds without making efforts to raise funds because this business unit is not a banking institution. The Micro Capital Service Unit (ULaMM) is a capital loan service for micro and small businesses accompanied by guidance to develop their business.UlaMM has been running business activities and providing financing services for the development of cooperatives, micro, small and medium enterprises. The agreement made by both parties was made in writing in accordance with POJK Number 16/POJK.05/2019 concerning the Supervision of PT. Permodalan Nasional Madani, Micro Capital Service Unit (ULaMM). This research uses descriptive qualitative method with data analysis used with descriptive analysis. Based on the method that has been used, it can be concluded that the agreement made is stated in writing in an agreement, this is in line with the provisions contained in POJK article 7 paragraph (2) which regulates that the financing service agreement must be made in writing. The agreement made is also in accordance with the provisions contained in Article 1320 of the Civil Code which regulates the legal terms of agreement.]]>
<![CDATA[Reconstruction of The Concept of Maḥram in Women’s Safar Based on Ibnu Qayyim al-Jauziyyah’s Legal Change Theory ]]>
<![CDATA[Mughniatul Ilma]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.4303
<![CDATA[This paper aims to analyze the legal thought about the prohibition of women traveling without maḥram and attempt to reinterpret the Prophet's hadith regarding the prohibition through contextualization and reconstruction. The theory of legal change by Ibn Qayyim al-Jauziyyah was chosen in this paper to explain the characteristics of the Islamic law that can change and accept change. The universal message contained in the hadith cannot be ignored by simply sticking to the text. The hadith regarding the prohibition of traveling for women without a maḥram has a very different context from the present context. This can be proven by the aspects that become factors of legal change according to Ibn Qayyim al-Jauziyyah including time (azminah), place (amkinah), condition (ahwāl), intention/motivation (niyāt), and tradition (‘awāid). Based on these aspects, it can be understood that the urgency of the maḥram in women's journey is intended as a guarantee of security from the dangers that were very likely to be experienced women at that time. In contrast to the present context, which has experienced rapid development in the fields of technology, information, transportation, which provide more access, comfort, and security. Efforts to protect women have been legitimized through existing legal norms.]]>
<![CDATA[Polygamy Permits for Business Reasons (Analysis of Sawahlunto Religious Court Ruling Number: 045/Pdt.G/2018/PA.SWL) ]]>
<![CDATA[Zainal Azwar]]>;
<![CDATA[Firdaus Firdaus]]>;
<![CDATA[Anshari Az Zarqy]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.4385
<![CDATA[Under Law number 1 of 1974 article 4 and article 57 compilation of Islamic law, polygamy can be permitted for several reasons (conditions); The wife does not carry out duties as a wife, there are bodily defects or diseases that cannot be cured, and cannot bear offspring. In contrast, the judge at the Sawahlunto Religious Court granted the polygamy permit application on business grounds. The questions that will be answered in this article are; First, what is the consideration of the Sawahlunto Religious Court judge granting the application for polygamy permit on business grounds? Second, what is the decision of the Sawahlunto Religious Court on polygamy permits on business grounds when viewed from the opinion of jurists? This research is categorized as a field research, used interview and documentation as the techniques in gathering the data. This paper concludes: first, the consideration in granting the application because there is a written permission given by the wives, the husbands are able to be fair, the permission brings prosperity and benefit to husbands wives and children beside building the houselod integrity and the future of their business. Second, the second Religion Court Decision number 045/Pdt.G/2018/Pa.Swl. The Fiqih Scholars open up the oppertinity of polygamy practice for other reasons that switch to the social context and needs, a fairness as the main requirement.]]>
<![CDATA[Regulation of Foreign Workers Based on Job Creation Act of Maslahah Perspective ]]>
<![CDATA[Siti Nur Fitriana]]>;
<![CDATA[Iffatin Nur]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.4274
<![CDATA[The Omnibus Law Bill which has been passed into law number 11 of 2020 concerning Work Creation has generated a lot of controversy in the community. One of the articles that is most highlighted is related to foreign workers, in which the licensing is made easier. For this reason, this regulation needs to be studied from the perspective of maslahah. The purpose of this study is to determine the regulation of foreign workers after the work copyright law and its maslahah perspective. The research method used is normative juridical research with a statute approach and a conceptual approach. The results of this study indicate that Article 42 of the Job Creation Law contains a permit for the use of foreign workers using only RPTKA. In addition, the positions of foreign workers that do not require RPTKA are expanded and added to the positions of directors, commissioners and foreign workers needed in an emergency situation. Furthermore, details of the RPTKA were also deleted. In terms of maslahat, the regulation of foreign workers based on the Job Creation Law is not yet in accordance with the concept of maslahat, because the benefit is only for some people, not for the general benefit.]]>
<![CDATA[The Existence of New Direction in Islamic Law Reform Based on The Construction of Ibnu Qayyim al-Jauziyah’s Thought ]]>
<![CDATA[Asrul Hamid]]>;
<![CDATA[Dedisyah Putra]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.3290
<![CDATA[This study examines the Islamic legal thought of Ibn Qayyim al-Jauziyyah in carrying out legal istinbath. Ibn Qayyim al-Jauziyyah is a figure who lived in the XIII century, during which various religious aberrations emerged. The circumstances he was facing significantly influenced some of the ijtihad that he put forward. Therefore, he was well-recognized as a reformer among other scholars of Hanbali school. This research is a character study with a descriptive method using a benefit approach (maqashid al-syariah). The results of this study are about the invitation of Ibn Qayyim al-Jauziyyah to freely exercise ijtihad but in accordance with the Maqashid al-Shari'ah corridor, that is by upholding the principle of maslahah. Because of this, Ibn Qayyim al-Jauziyyah argued that ijtihad can develop according to the times, and the law at his time needed to be more relevant in dealing with and overcoming various circumstances that brought about novel and more complicated problems. This thought emerged as a reaction to the opinion among Muslims who assumed that the door of ijtihad had been closed.]]>
<![CDATA[Determination of The Ujrah of Gold Paid Goods at Mandiri Sharia Bank (BSM) Batusangkar ]]>
<![CDATA[Elimartati Elimartati]]>;
<![CDATA[Muhammad Rizky Prima Sakti]]>;
<![CDATA[Hebby Rahmatul Utamy]]>;
<![CDATA[Utari Aulia Rifmadani]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 20, No 2 (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v20i2.4686
<![CDATA[This study analyzes the cost determination for a gold pawn ujrah at the branch of Banque Syariah Mandiri Batusangkar. This type of research is field research with qualitative methods. The analysis technique is based on the Fatwa DSN and the theory advanced by Rozalinda. The research results explain that the implementation of the gold pledge at the branch of Bank Syariah Mandiri Batusangkar in accordance with the Standar Operasional Prosedur (SOP) that have been set by the Bank. The costs of administration, maintenance and storage of the pledged goods are determined according to the amount of the customer's loan, the level of fees also depends on the amount of customer loans. So this is not in line with Fatwa DSN No. 25/DSN-MUI/III/2002 regarding Rahn, in point four, stated that maintenance and storage charges should not be based on loan amount. It is also not in line with the theory advanced by Rozalinda that the administration of administrative costs is based on the weight of the gold, the cost of maintaining and storing or renting the premises according to the content of the gold.]]>
<![CDATA[Implications of the Pagang Gadai Contract on Disharmony Social Actors in Minangkabau Community ]]>
<![CDATA[Syukri Iska]]>;
<![CDATA[David David]]>;
<![CDATA[Elsy Renie]]>;
<![CDATA[Ifelda Nengsih]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5647
<![CDATA[This study aims to explore the implementation of the pagang gadai contract and identify its impact on the social disharmony of actors in the Minangkabau community. The category of this research is ethnography, with data collection techniques through in-depth interviews with 13 people as resource persons who were determined based on purposive sampling and snowball sampling, located in 5 Nagari in Tanah Datar Regency, as a representation of the Nagari of origin of the Minangkabau people. The results of the study found that the implementation of pagang gadai as a form of part of debt and receivable transactions has many variants in processing and utilizing the results of the object of pawning land. Some are managed by the pawnbroker (the debtor) with some of the proceeds destined for the pawnbroker (the debtor), in addition, some are managed by the pawnbroker with the proceeds of the object being fully under his control. As for the impact on social relations, there has been disharmony, both internal to the pawnbroker and between the pawnbroker and the pawnbroker, which is caused by inconsistencies in the implementation of customary norms and rules, unequal paradigms in following up on awareness of mistakes in the implementation of pawning so far, and also because authoritarian leadership pattern on “mamak” as tribal head.]]>
<![CDATA[KONSTRUKSI PEMIKIRAN PEMBAHARUAN HUKUM KEWARISAN ISLAM DI INDONESIA (STUDI YURISPRUDENSI MAHKAMAH AGUNG) ]]>
<![CDATA[Anugrah Reskiani]]>;
<![CDATA[Dian Furqani Tenrilawa]]>;
<![CDATA[Aminuddin Aminuddin]]>;
<![CDATA[Rahman Subha]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 1 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i1.5564
<![CDATA[Artikel ini mengkaji konstruksi pemikiran/istinbath yang ada dalam putusan mahkamah agung yang telah berstatus sebagai yurisprudensi berkaitan dengan hukum kewarisan. Yurisprudensi merupakan salah satu produk hukum yang hadir dalam rangka mengisi kekosongan hukum untuk menyelesaikan kasus hukum yang dasar hukumnya tidak dijelaskan secara terperinci dalam perundang-undangan. Yurisprudensi dalam kewarisan sering mendapati kritik dari golongan konservatif disebabkan penemuannya sering bertentangan dengan hukum Islam. Penelitian ini merupakan penelitian teks dengan metode deskriptif-analitis melalui pendekatan kontekstual. Hasil penelitian ini adalah penulis menilai konstruksi hukum yang dibangun oleh yurisprudensi Mahkamah Agung bercorak Universalisme Transformatif, hal ini terlihat dari putusan wasiat wajibah dan ahli waris pengganti yang berdasar pada ijtihad intiqa`i dan extra doctrinal. Sedangkan dalam memutuskan perkara bagian laki-laki dan perempuan yang disamakan bagianya hal tersebut dirumuskan oleh kelompok modernis dengan pertimbangan sosiologis masyarakat adat.]]>
