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[Maṣlahah and Justice in the Formulation of the Law: A Critic on the Formulation of Job Creation Law ]]>
<![CDATA[Desip Trinanda]]>;
<![CDATA[Abrar Abrar]]>;
<![CDATA[Muhammad Taufik]]>;
<![CDATA[Fadhilatul Husni]]>;
<![CDATA[Diah Febri Utami]]>;
<![CDATA[Fauzi Yati]]>
<![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.v21i1.4718
<![CDATA[This study aims to explain the process of formulating the Job Creation Law from the prespective of siyāsah tasyri'iyyah. This research is a library research using library collection materials with a descriptive-analytical approach. The result indicates that the principles of the formation of laws and regulations in Siyasah Tasyri'iyyah have not been fulfilled because; First, the presence of the omnibus law method in the process of formulating the Job Creation Law has basically demonstrated the principle of expediency, only that normatively omnibus law has not been regulated in the Law on statutory regulations. Second, the making of the Job Creation Act violates the gradual formation of laws and regulations, it can be seen that the preparation of the Job Creation Act was carried out in a hurry, causing considerable errors. Third, the principle of eliminating difficulties and narrowness has not been fulfilled because it is detrimental to workers. Fourth, the principle of realizing equal justice is not fulfilled, given the limitations in the Job Creation Law which can create legal uncertainty.]]>
<![CDATA[Qawā’id Fiqhiyyah as Islamic Epistemology and its Application at Marriage Law in Indonesia ]]>
<![CDATA[Ansori Ansori]]>
<![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.v21i1.5529
<![CDATA[Qawā'id fiqhiyyah is a scientific field related to the methodology and philosophy of Islamic law. Qawā'id fiqhiyyah has been widely used as a basis to solve legal problems in society. As a philosophy, qawā'id fiqhiyyah is used as the basis for philosophical thinking to develop and discover new laws. This function of qawā'id fiqhiyyah is closely related to epistemological studies. This paper analyzes and proves that scientifically qawā'id fiqhiyyah is an epistemology in Islamic law. In addition, this paper also provides concrete evidence of the use of qawā'id fiqhiyyah as an epistemology of Islamic law. The study of qawā'id fiqhiyyah as an epistemology refers to the epistemological concept of Muḥammad 'Ābid al-Jābiriy. The examples of its use or application to the provisions of marriage law are contained in Law Number 1 of 1974 and the Compilation of Islamic Law. It shows that the function of qawā'id fiqhiyyah according to the epistemological concept of al-Jābiriy, is as guardians and developers of legal texts (Al-Qur'an and Hadith) as well as inventors of new laws.]]>
<![CDATA[Forced Marriage: Implementation of the Mandatory Provisions of the Bride’s Consent in Indonesia ]]>
<![CDATA[Syahrul Mubarak Subeitan]]>
<![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.v21i1.5581
<![CDATA[This paper aims to explain the relevance of the text (naṣ) and the provisions on how the rules for the consent of the bride and groom must be met with the problem of forced marriage in Indonesia. This paper is a qualitative research with a juridical-normative approach which is analyzed using a thematic-holistic method. The results show that the support of the two prospective brides is absolute in marriage, although in Islamic law, there are schools of thought that state the right of ijbar wali (forced marriage). Based on this, the meaning of marriage can be achieved with the following indicators: First, there is pleasure between the bride and groom, and they have known each other and agreed to carry out the marriage so that the marriage can be carried out safely and peacefully; Second, it can avoid acts of domestic violence due to marriages that do not have the pleasure of the bride and groom; Third, prioritizing willingness to achieve the purpose of marriage; and Fourth, obedience to God based on Islamic teachings. These indicators expect to overcome the problem of forced marriage so that a family is sakinah, mawaddah, warahmah.]]>
<![CDATA[Indonesian Religious Court Decisions on Child Custody Cases: Between Positivism and Progressive Legal Thought ]]>
<![CDATA[Suci Ramadhan]]>;
<![CDATA[JM. Muslimin]]>
<![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.v21i1.5723
<![CDATA[Indonesian judges of Religious Court in deciding child custody cases have different legal reasoning. Some preferred to use juridical reasoning and others use progressive and sociological reasoning. This different legal reasoning causes various insights in the meaning of justice for child custody. This study aims to analyze the positivistic and progressive Islamic legal thought in judges' decisions of child custody cases. This is normative legal research with statutory and case approaches. The legal material is six judges' decisions and is supported by books, scientific article, statutes, and interview. Then, it is analyzed by content analysis. The result states that judges who use textual reasoning tend to decide that child custody is the mothers right, referring textually to an article 105 of the Islamic Law Compilation. Meanwhile, the other judges who prefer to contextual reasoning, decide that child custody is the fathers right. The textual reasoning is steered by legal-positivism: logical coherence of the text is the main method in concluding decision. The contextual reasoning is driven by sociological as well as critical-progressive thought: deconstruction of legal text, contra legem approach by qiyâs (analogy) and istiḥsân (legal teleology), to produce the justice values based on child interests and parents conditions.]]>
<![CDATA[Purification of Sharia Banking Law in the National Banking System ]]>
<![CDATA[Ulya Atsani]]>
<![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.v21i1.5725
<![CDATA[The development of sharia banking law can be seen from the accommodation of the state towards Islamic law in the field of sharia economics, including the development of sharia banking regulations. It is also due to the fact that the development of sharia banking regulations in Indonesia is based on the needs of the Indonesians whose majority are Muslims. During its development, sharia banking regulations have been carried through three stages, namely introduction, recognition, and purification. Meanwhile, the current legal fact shows that sharia banking existence does not meet its target of development, both institutionally and legally. To answer this problem, a normative legal method was used in conducting this research. The secondary data were qualitatively analysed concerning the purification of sharia banking law in the national banking system. The results shows that purifying sharia banking law can be done by strengthening the existence of sharia banking institutions through banking law policies. Refining the aspect of institutional can also be carried out by setting provisions regarding the settlement of sharia banking disputes in Indonesia.]]>
<![CDATA[The Understanding of the Jamaah Tabligh on Wife Gender Justice: A Maqāṣid Sharīʿa Review ]]>
<![CDATA[Dri Santoso]]>;
<![CDATA[Yusefri Yusefri]]>;
<![CDATA[Laras Shesa]]>;
<![CDATA[Musda Asmara]]>;
<![CDATA[Sheikh Adnan Ahmed Usmani]]>;
<![CDATA[Ahmad Syarifudin]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i2.6935
<![CDATA[This research explained the concept of gender justice based on maqāṣid sharīʿa. The concept of gender justice will be used to criticize the teaching of Jamaah Tabligh, which often marginalizes womenfolk in their families. This study is field research that uses the normative approach. The data-collecting techniques of this research are interviews and documentation. The analysis technique of this research is descriptive. The findings of this research were the concept of gender justice of maqāṣid sharīʿa based on that which has the fundamental basis; namely, benefit, and it also cannot be generalized between women another. In Jamaah Tabligh's teaching context, several things should be criticized; negative stigma toward the wife, the wife's livelihood, the children who have been left for months, even years, and the obligation to support the preaching that the husband does. The Jamaah Tabligh's doctrine toward wife is the determining factor for good or bad of human life. This doctrine is not suited to maqāṣid sharīʿa hifdz al-irdl's concept (maintaining honour's concept). Legally the husband is obliged to protect his wife's honor (hifdz al-irdl Jawzah), either physically or psychologically.]]>
<![CDATA[Constitutionalizing Sharia: Identity and Independence of Islamic Politics Among Students ]]>
<![CDATA[Khamami Zada]]>;
<![CDATA[Mundzeir Suparta]]>;
<![CDATA[Bambang Ruswadi]]>;
<![CDATA[Harapandi Dahri]]>;
<![CDATA[Mualimin Mochammad Sahid]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i2.6954
<![CDATA[The emergence of Islamic political aspirations in Indonesia always occurs along with the development of national politics. It is delivered not only by Islamic elites from Islamic parties and Islamic movements but also by university students. This study explores the Islamic political aspirations of Islamic High School (STAI) students with a focus on the basic issues of the state, Islamic law, political system (democracy/Islamic caliphate), and the way to deliver the aspirations. This is quantitative research in which the data were collected through a representative survey in each province involving 222 university students in the fifth semester in the provincial capital, as the samples were allocated disproportionately to each selected university. This quantitative study was strengthened by qualitative data that were extracted by interviewing the directors of STAI in Padang, Semarang, Jambi, Kupang, Banjarbaru, and Samarinda. The findings of this study showed that Islamic political aspiration among university students was about the aspiration to implement Islamic law as state law in the Islamic caliphate system. The university students did not want democracy as a political system that implements Islamic law. These Islamic political aspirations are not delivered through violence but are expressed constitutionally. This Islamic political aspiration is built by integralistic/conservative religious identity and political independence/autonomy of university students.]]>
<![CDATA[Staying at Home: The Perspectives of Minangkabau Ulemas Concerning Husbands' Provision of Sustenance in Covid-19 Impacted Households ]]>
<![CDATA[Fatahuddin Aziz Siregar]]>;
<![CDATA[Azhari Akmal Tarigan]]>;
<![CDATA[Nofialdi Nofialdi]]>;
<![CDATA[Febri Yulika]]>;
<![CDATA[Iswandi Syahputra]]>;
<![CDATA[Nurhayati Nurhayati]]>;
<![CDATA[Benny Ridwan]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i2.6551
<![CDATA[The article discusses the perspectives of Minangkabau ulemas in West Sumatra concerning the ruling for husbands incapable of providing a living for their wife as a result of the COVID-19 pandemic. In West Sumatra, some husbands were unable to provide sustenance to their wife because they were dismissed from their employment due to the COVID-19 pandemic. The study findings are highly specific as Minangkabau customs and culture are grounded on a matrilineal system, yet they remain to be based on Islamic sharia. The research data were acquired by in-depth interviews with three influential ulemas in West Sumatra and a prominent customary figure who is the Chair of the Minangkabau Adat Council. The study found that according to the Minangkabau customary and cultural perspective, husbands are duty-bound to earn a living outside their home while their wife remains at home. Such spousal relationship has an impact on the wife’s acceptance of the husband who became jobless since they were dismissed on account of the pandemic. A condition wherein wives can accept being married to a husband incapable of providing a living on account of the COVID-19 outbreak does not become a legal issue. Accordingly, the study will have implications on the formation of new categories concerning the husband’s obligation to provide sustenance to his wife during a state of emergency.]]>
<![CDATA[Islamic Criminal Law Study on The Seizure of Corruptor Assets as an Indonesian's Criminal Sanction in The Future ]]>
<![CDATA[Syariful Alam]]>;
<![CDATA[Yaris Adhial Fajrin]]>;
<![CDATA[Sholahuddin Al-Fatih]]>;
<![CDATA[Merve Ozkan Borsa]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i2.6722
<![CDATA[The current job transformation is one of the challenges for the state of Indonesia. Crimes over time have been carried out systematically, including corruption. The interesting thing about the development of efforts to combat corruption is the development of the concept of returning state finances. Legal entities in Indonesia have long experienced legal pluralism, as can be seen from the configuration of the community that carries out Islamic criminal law and customary law as local wisdom. This study uses a normative approach with secondary data support with the specification that the confiscation of corruptor's property in Islamic criminal law is divided into: Reproaches and reprimands/warnings, dismissing from his position (al-azl min al-wadzifah), by beating (whipping), punishment in the form of property (fines) and physical punishment, exile, crucifixion, death penalty. The relevance between these concepts is a form of legitimacy for the legal significance that comes from the beliefs and needs of the community. This article raises the concept of positive law with concepts in Islamic criminal law to find the relevance of the two which will later become part of the effort to function Islamic criminal law into Indonesian positive law in order to achieve the goal of a fair law and reduce corruption.]]>
<![CDATA[Reduction of Digitalization Policy in Indonesian MSMEs and Implications for Sharia Economic Development ]]>
<![CDATA[Reza Octavia Kusumaningtyas]]>;
<![CDATA[Rahayu Subekti]]>;
<![CDATA[Abdul Kadir Jaelani]]>;
<![CDATA[Asron Orsantinutsakul]]>;
<![CDATA[Utkarsh K Mishra]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v21i2.6855
<![CDATA[Micro, Small, and Medium Enterprises are one of Indonesia's economic buffer pillars. However, its position as a financial buffer still faces various problems. The purpose of this research is to examine the reduction of digitalization policies for Indonesian MSMEs and their implications for the development of the Islamic economy. This research is normative legal research with a statutory approach. The results showed that the provisions in the Copyright Law that require the digitization of MSMEs make its management more efficient and straightforward. During the COVID-19 pandemic, there has been a twofold increase in the number of businesses transitioning to the digital ecosystem. MSMEs are present in the development of the Islamic economy, with the possibility of managing MSMEs in the technology-based halal industry. Deregulation is carried out by simplifying regulations in order to improve the flow of bureaucracy. However, behind the ease, there are obstacles experienced by MSMEs in their digitalization efforts, including blocks in terms of community culture, regulation, and structure]]>
