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Arifki Budia Warman
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INDONESIA
JURIS (Jurnal Ilmiah Syariah)
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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Recycling Ablution Water (Wudu’) Using Membrane Water Treatment: A Study from Fiqh Halal Perspective Wan Ainaa Mardhiah Wan Zahari; Irwan Mohd Subri; Azman Ab Rahman; Arwansyah Kirin; Faisal Husen Ismail
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6867

Abstract

Water conservation is essential in Islam. The reuse of water for ablution through the process of water treatment is one way of water conservation. However, discussions and debates occurred because the source of water used for the treatment is categorized as musta’mal, which is pure but not purified and may contain mutanajjis water. This article proposes a model of treatment and purification of ablution water in mosques or surau using membrane water treatment for water reuse. This article uses a qualitative method focusing on document analysis regarding fiqh books, articles and guidelines related to water treatment technology. According to the fiqh and science, this study found that water treatment for treating used ablution water using membrane water filter is pure and clean.
The Construction of Islamic Inheritance Law: A Comparative Study of the Islamic Jurisprudence and the Compilation of Islamic Law Mursyid Djawas; Khairuddin Hasballah; Soraya Devy; Muntasir A Kadir; Yusfriadi Abda
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.7495

Abstract

This article discusses the construction of inheritance law, a comparison between fiqh (Islamic Jurisprudence) and the Compilation of Islamic Law (KHI). This is a normative juridical legal study using a comparative legal approach and the theory of existence as an analytical tool. This article concludes that the fiqh rules regarding inheritance law are based on the understanding of the Qur’an and hadith based on legal construction influenced by the Arabic social and cultural order. This suggests that KHI regulates inheritance law in accordance with the socio-cultural conditions of Indonesian society. The construction of inheritance law in fiqh has both similarities and differences with KHI. The similarity between fiqh inheritance law and KHI is that respectively rely on the Qur’an and hadith as mashadir al-ahkam. Meanwhile, the difference lies in the social reality and the cultural structures of the developing community which affect the two legal systems. The Arab society is patrilineal in its kinship system, whereas in Indonesia it is more bilateral, as a result, the distribution of inheritance tends to be different. Next, when it is seen from the point of view of the existence of this law in Indonesia, the fiqh inheritance law and inheritance law based on KHI still exist. Islamic jurisprudence is recognized as an integral part and raw material for the formation of national law in Indonesia.
Bibliometric Analysis of the Development of Islamic Economic Dispute Resolution Research in Indonesia Erie Hariyanto; Moh. Hamzah
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6997

Abstract

This research aims to explore the development of scientific publications in the field of sharia economic dispute resolution from 2017 to 2022, this year was chosen because three conditions occurred in that year, namely before, during and after or began to subside the Covid-19 pandemic. Thus, the results of this study will have an impact on policy making and become material for future research and use by policy makers in the field of sharia economic dispute resolution. There are two formulations of the problem to be answered, namely: 1) How is the development of scientific publications in the field of sharia economic dispute resolution in Indonesia from 2017 to 2022. 2) What is the existence of scientific publications in the field of sharia economic dispute resolution in the Islamic economic order in Indonesia. Research which is a type of library research, researchers will use a bibliometric approach method with data presentation techniques that are descriptive quantitative in nature. The results of this study are: First, the development of scientific publications from 2017 to 2022 in the field of Islamic economic dispute resolution has fluctuating results (not fixed), with a total of 1001 publications with the highest peak occurring in 2021 and the lowest point occurring in 2017 and there are 12 productive researchers. Second, the existence of scientific publications in the field of sharia economic dispute settlement has an important role in social life, where the results of these publications are used as evaluation material or material for finding solutions for Islamic financial institutions in resolving sharia economic disputes and become an important study in impacting policy makers. in decision-making in the field of sharia economic dispute resolution.
Integration of Islamic Law in Regional Development in Indonesia Irma Suryani; Mohamad Hidayat Muhtar; Yogi Muhammad Rahman; Belardo Prasetya Mega Jaya; Awad Al Khalaf
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8770

Abstract

Indonesia has introduced Islamic-based development programs, but challenges such as different interpretations, incompatibility between Islamic law and the national legal system, political influence, and the integration of Islamic values in sustainable development continue to hinder the implementation of Islamic legal approaches in regional development. This study aims to analyze the integration of Islamic legal concepts in regional development from an economic, social, political and environmental perspective and to identify concrete policies or programs that can be implemented to apply a holistic and sustainable approach to Islamic law in regional development. This research is categorized as normative legal research using primary and secondary legal materials in statutory and library documents (books, journals, reports and internet sources) and analyzed using a philosophical and analytic approach. According to the findings, the problem can be solved by creating an Islamic-based development program that considers economic, social, political, and environmental factors and guarantees the program's sustainability. Increasing community participation and involvement in the planning and implementing Islamic-based development programs and strengthening oversight of the use of funds and the environmental impact of development activities are possible solutions. Based on the findings of this research, it is recommended that a microfinance initiative based on Islamic principles be established in the area. Integrating Islamic principles and considering Indonesia's social diversity are prerequisites for the success of an Islamic legal approach to regional development.
The Immorality of a Husband as the Cause of a Working Wife to File for Divorce Lawsuit in Indonesia Jumni Nelli; Afrizal Mansur; Zulkifli Zulkifli; Maghfirah Maghfirah; Sofia Hardani; Izzah Nur Aida
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.7392

Abstract

This research aimed at finding out the meaning of a divorce suit for a working wife and to prove that economic problems caused by the husband’s immorality are the reason a working wife files a divorce suit. The data sources in this study were documentation and interviews with 13 wives who filed for divorce at Pekanbaru Religious Court in 2019-2020, Indonesia. Alfred Schutz’s phenomenological method of “because to” motive and “In order to” motive was used to analyse the data. The results of the study shows that the reason for “because to” motive was the husbands’ immorality. Meanwhile, the reasons for “In order to” motive were (a) Getting out of the burden of conflict. (b) Getting out of household economic pressure (c) Clarity of status and (d) Freeing oneself from deceit and slander. It can be understood that the meaning of divorce for a working wife for economic reasons is the distribution of emotions of dissatisfaction with the husband’s attitude; escape from physical and mental suffering; freedom; and failure to respect each other. The implications of this research can be used to generalize divorce cases on the grounds of husband’s immorality in Indonesia.
Local Wisdom Recognition in Inter-Ethnic Religious Conflict Resolution in Indonesia from Islah Perspective Arbanur Rasyid; Rayendriani Fahmei Lubis; Muhammad Wandisyah R. Hutagalung; Maulana Arafat Lubis; Mohd Roslan Mohd Nor; Afifah Vinandita
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8432

Abstract

Indonesia is a culturally diverse country that consists of at least 1.340 tribes and ethnicities, which can potentially lead to the emergence of conflicts. This study aimed to identify the causes of conflict in society, patterns of local wisdom in conflict resolution, and patterns of conflict resolution in Surabaya and Bali from the perspective of islah. Data were collected through observation, interviews, and document studies. Data analysis was carried out in several stages, including data reduction, data display, and verification. The result of this research showed that economic disparities, a lack of understanding of religion, and unfair treatment were the root of inter-ethnic conflict in the two regions. Local wisdom was used by communities to resolve conflicts in their area, including using a religious approach of praying together, listening to preaching or lecture about moderate Islam, consulting traditional, religious, and government leaders, and applying a state approach of administrative data collection or KIPEM administration. In addition, the local community also used interfaith dialogue with former terrorists, Jancuk Terrorist campaign by Bonek, and Tat Twam Asi to resolve conflict. Those conflict resolutions exemplified the procedures and methods of islah in Islamic law which aimed at resolving inter-ethnic disputes that arose in these two regions.
Humanist Fiqh Developed by KH. Ahmad Rifa’i Arief Banten, Indonesia Ahmad Rajafi; Ressi Susanti; Ahmad Elmawan M. Alhanif
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6921

Abstract

This study aimed to examine the patterns and models of humanist fiqh developed by KH. Ahmad Rifa’i Arief through the popular boarding school in Banten, Indonesia, using a qualitative method. Data was obtained through observation, documentation, and comprehensive interviews, which were then analyzed using a descriptive approach. The results showed that KH. Ahmad Rifa’i Arief employed a philosophical approach in constructing the humanist fiqh, implemented across various Islamic Boarding Schools, including La Tansa. Furthermore, this approach emphasized the initial inward transformation (qalbi) as a means of self-introduction, subsequently imparting knowledge (qauli) and teaching, as well as culminating in tangible actions (fi’li) that benefit individuals regardless of their gender or social status.
Female Imam and Khatib: The Shifting in Worship Traditions from Progressive to Conservative in Sungai Landia, West Sumatra, Indonesia Busyro Busyro; Arsal Arsal; Maizul Imran; Mohd Nasran Mohamad; Edi Rosman; Saiful Amin
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8545

Abstract

The changes in the implementation of eid prayers in Sungai Landia by abolishing women’s rights to become imam and khatib do not necessarily eliminate the progressive sides of Sungai Landia women. This study aims at exploring the persistence of progressive sides in the transition process of eid prayer tradition from female imam and khatib to conservative fiqh provisions. This research is qualitative in nature with the main data obtained from community leaders and women from Sungai Landia. The data analysis was carried out using a descriptive method. This study concludes that the process of changing to conservative fiqh was carried out by going through the stages of fiqh scientific deepening and socialization for four years to avoid chaos in society. The community began to realize their mistake because of criticism from various parties. The criticisms were not only from the local community, but also from the ulama who were invited to give religious lectures. Sungai Landia women accepted the change with the condition that male and female congregations must still be separate in implementing eid prayers even though the imam and khatb are men. There are progressive sides that are still maintained by paying attention to aspects of gender equality and social justice to create peace in worship as evidenced by the existence of public recognition for women to be separate from men in carrying out the eid prayers.
Rukyat as Determination of the Lunar Month Beginning: A Method, Obstacles, and Debate in Indonesia Zufriani Zufriani; Asa’ari Asa’ari; Jamal Mirdad; Arzam Arzam; Ahmad Izuddin; Anwar M. Radiamoda
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6570

Abstract

Two calendar systems are developing globally, namely the Syamsiyah system (solar system) and the Kamariah system (lunar system). The lunar system is a calendar used by Muslims and has utility in worship rituals based on the calendar period. Qur’an and Hadith have mentioned this completely, namely, one year consists of twelve months. This study aims to determine the determination of the beginning of the lunar month using the rukyat method and to determine the extent to which the implementation of the rukyat method can be accepted by the Indonesian people. The type of research in this article is qualitative research or also known as naturalistic research methods. The data analysis techniques used were condensation, data presentation, and drawing conclusions. The results of the study show that the rukyat method is one of the methods of determining the lunar month, which has been carried out since the time of the Prophet Muhammad p.b.u.h. and his companions, even today it is still used by Muslims around the world, including in Indonesia. Rukyat is a method of determining the beginning of the lunar month by paying attention to important matters and conditions. As for the obstacles of the sighting as determining the beginning of the lunar month, there are several factors, namely the eye of the observer, the shape of the new moon, weather, seeing, the height of the new moon, the distance of the bow and the observer’s psychology
Pecoah Kohon: The Restriction on Inter-Cousins Marriage in Indigenous the Rejang Society Supardi Mursalin; Siti Nurjanah; Abraham Ethan Martupa Sahat Marune; Muhamad Hasan Sebyar; Hina Al Kindiya
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9025

Abstract

This study aims to examine the prohibition of Pecoah Kohon in the indigenous marriage Rejang tribe. Pecoah Kohon is a union between a man and woman related by blood, namely one grandmother. In this study, the problem emphasized a customary prohibition on the union, regardless of its non-prohibition by Islam. This qualitative-field analysis used a normative-sociological approach, with the implemented data collection techniques prioritizing interviews and documentation. A purposive sampling technique was also used to determine the informants. The results showed that the survival of Pecoah Kohon tradition was due to the socialization carried out by traditional officials in a systematic, structured, and hierarchical pattern toward the Rejang community. Sanctions were also considered quite strict against customary violations. Moreover, the good communication and cooperation between traditional officials and the community was a strong foundation for the preservation of Pecoah Kohon tradition and the Islamic religious insights of the Rejang community were increased. From this context, the debate about the tradition had various meeting points and solutions. This indicated that Pecoah Kohon supporters believed the tradition did not include prohibitions and cancellations of marriage, with its performance considered a tribute and cultural preservation. Religious experts also understood that Pecoah Kohonwas solely a custom and not a belief exceeding or equalling religion, indicating needless argumentative efforts. 

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