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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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Legal Awareness of Halal Products Certification among East Java Business Operators and Society Khusniati Rofiah; Sri Lumatus Sa'adah; Martha Eri Safira; Abid Rohmanu; Azme Bin Haji Matali
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.10467

Abstract

The number of business operators in East Java increases significantly each year but is unfortunately not accompanied by increased legal awareness. While many business operators are aware of the halal certification obligation, they need to actually comply to it. This research was conducted in East Java on 111 micro and small business operators and medium-sized enterprises (MSMEs) spread across several cities. A total of 450 respondents of various backgrounds who, at the time of research, had run their business for at least two years were involved in direct interviews and questionnaire surveys. This research focuses on discussing the awareness of business operators and the community in East Java based on Soerjono Soekanto's legal awareness (understanding, knowledge, obedience, and legal attitudes), and maqasid sharia. Efforts to increase knowledge and understanding of business owners of legal awareness still lacked due to non-existent sanctions and incomprehensive campaign. Meanwhile, in legal culture, there is a perception that food consumed by the community is not necessarily halal-certified. The government strategy to advocate legal awareness of halal product certification includes product acceleration through the halal product information (SIP Halal) system that is easily accessible to MSMEs.
Legality of Agricultural Products Weight Cutting as a Cost of Risk in Trade Farida Arianti; Pauzi M; Abdul Mughits; Ridwan Nurdin; Abdo Yousef Qaid Saad
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10291

Abstract

Agricultural goods transactions with toke (in Bahasa is known as a traditional market agent) always carry a weight cutting of one to 2 kilograms per bag. Risk reduction is considered a burden to be borne. Therefore, how to study the law in the aspect of risk imposition when transactions occur between plantation farmers and toke in traditional markets. The aim of this research was to examine how weighing is carried out and the recognition of the weight of agricultural products on scales is associated with possible risks that will occur in the future. This research method was qualitative, field research. Data sources were garden sellers/farmers and toke in traditional markets. Data collection through interviews and examination of artifacts. Data analysis technique was qualitative descriptive. The research finding showed that when the agricultural harvest was sold, there was a scale cut of around 2 kg per bag, such as chilies, ginger, corn and so on. The result of reducing the scale in dealing with the risks that will occur with irregular goods. The risk was borne by the farmer/seller, this was suspected and endangers the continuity of the relationship between farmer, toke, retailer towards objects that change naturally. Cutting the weight of the scales was still permitted as long as it was within appropriate limits. Recommendations for cutting the weight of the scales when changing goods and not fixed goods.
Sustainable Development of Mangrove Ecosystem Policy in South Sulawesi from the Perspectives of Siyāsah and Fiqh al-Bi’ah Hamzah Hamzah; Irfan Amir; Sultan Hasanuddin; Tarmizi Tarmizi; Muhammad Fazlurrahman Syarif
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10559

Abstract

This research aims to examine the policy of sustainable mangrove ecosystem development in South Sulawesi from the perspective of siyāsah and fiqh al-bi’ah. The questions raised are how the construction and implications of the policy of sustainable mangrove ecosystem development are, and how the reformulation of the concepts of siyāsah and fiqh al-bi’ah affects the policy that has been set. The data in this research are primary data from interviews, observations, and documentation, as well as secondary data from relevant literature. Data collection methods were carried out through interviews, observations, and documentation to be analyzed descriptively qualitatively based on the approach of siyāsah and fiqh al-bi’ah. The results of the research show that the policy of sustainable mangrove ecosystem utilization is realized through the establishment of regulations related to mangrove management at both the national and regional levels. The policy is implemented through the formation of the Regional Mangrove Working Group (KKMD) of South Sulawesi as a group that works to preserve the mangrove ecosystem. The policies implemented have implications for legal aspects, aspects of the economy based on ecotourism, environmental sustainability, education, and religious social. The policy that has been set is in line with the concept of siyāsah dusturiyah and fiqh al-bi’ah based on maslahah. The perspective of siyāsah dusturiyah and fiqh al-bi’ah plays a role in strengthening and supporting government policies in the effort to preserve the sustainable mangrove ecosystem.
Islamic Law, the State, and Human Rights: The Contestation of Interfaith Marriage Discourse on Social Media in Indonesia Y Sonafist; Henny Yuningsih
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10934

Abstract

This study aimed at explaining the contestation of interfaith marriage discourse on social media, specifically on Instagram. The issue of interfaith marriage was quickly responded by social media users, not only by posting on their own accounts, but also by commenting on those posts of other people’s accounts. This study attempted to map Instagram media users’ comments on posts about interfaith marriage and to see the contestation of these comments in the context of the discourse on Islamic law, the state, and human rights in Indonesia. Qualitative research method was used in conducting this study. Data were collected from netizens’ comments on the issue of interfaith marriage, specifically the issue of interfaith marriage conducted by a member of Presidential Special Staff, the District Court’s decision on granting the interfaith marriage, and the Supreme Court’s circular on interfaith marriage. These comments were randomly selected and then analyzed using qualitative content analysis methods. This study found that: first, there were two response models for social media users when commenting on the issue of interfaith marriage on Instagram, they were the responses of acceptance and rejection. The narrative of the comments that accepted the idea of interfaith marriage emphasized human rights, diversity, freedom, and criticized the state’s involvement in private matters. Meanwhile, the narrative of comments that rejected the idea of interfaith marriage mostly refered to the provisions of Islamic law and state law. Second, based on these two response models, there was a contestation over the discourse of interfaith marriage in the context of Islamic law, the state, and human rights. However, this contestation was not based on a deep understanding of human rights and legal discourse. This contestation might have an impact on the public’s lack of legal understanding of interfaith marriage and had the potential to cause conflict on social media. This study confirmed that contestation of legal discourse came not only from people who had authority, but also from people who did not have in-depth legal knowledge.
Cyber Security and Legal Protection for Dropshipping Transactions in Indonesia: between State Law and Islamic Law Khairudin Khairudin; Yusuf Baihaqi; Abdul Qodir Zaelani; Luqman Hafiz; Enizar Enizar; Muhammad Reza Fahlevy
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.11786

Abstract

This study aims to explain the cybersecurity and legal protection of dropshipping transactions from the Indonesian and Islamic economic law perspective. The normative and comparative judicial approaches were applied to achieve the research objectives. Descriptive and prospective analysis methods are used, and data are collected through primary and secondary sources. The findings revealed that despite the continuous growth of dropshipping contracts, Indonesia has no direct laws and regulations that particularly deal with the dropshipping mechanism and provide this cyber security to the system. In Islam, the dropshipping mechanism is linked with three types of contracts: Salam, Samsarah, and Wakalah. However, each type carries certain limitations as per Islamic/Sharia principles. Simultaneously, along with the cyber security laws available in financial transactions, the Islamic Fatwa can be regarded as a guide for dealing with dropshipping agreements and preventing cyber security. Furthermore, considering the increasing trend of dropshipping businesses, which is beneficial for the economic system, the existing cybersecurity laws and regulations must be amended to explicitly cover drop-shipping mechanisms.
Pulang Bale Marriage Traditions and Child Care Issues: A Study of Ḥaḍānah and Family Resilience in Aceh Fauzi Fauzi; Lukman Hakim; Ahmad Sunawari Long; Taslim HM Yasin
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.8597

Abstract

Pulang bale refers to a marriage that is carried out after death of the spouse (either husband or wife) with his/her siblings. This article aims to analyze pulang bale marriages in Aceh in relation to child protection. The facts so far show that many marriage models do not support their protection. To elaborate on this, researchers will highlight how this marriage typology can ensure support for the ḥaḍānah and how this typology encourages family resilience in protecting the children. Data was obtained through in-depth interviews and observations using qualitative technical analysts. This research used a Fiqh Munākaḥah and a sociological approach. The results of the research were; first, marriage strengthens the ḥaḍānah of children due to blood relationships (musaharah) and emotional between the child’s mother and stepmother. Second, family resilience is strengthened by the same extended family and there is minimal chance of conflict both economic and social. As a finding, pulang bale with the applicable customary provisions is a marriage typology that strengthens the family's commitment and resilience
Reforming the Rules on the Division of Joint Property: A Progressive Legal Approach Khairina Khairina; Khairani Khairani; Roni Efendi; Kasmuri Kasmuri; Okky Afrianto
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.11565

Abstract

According to Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 96 and 97 on the division of joint property, each person in a marriage that dissolves due to divorce or death is entitled to half of the property that is joint property. However, the legal circumstances presented in Payakumbuh Religious Court's Decision No. 657/Pdt.G/2022/PA Pyk did not follow the KHI and gave the plaintiff (the husband) a portion of ¼ and the defendant (the wife) a share of ¾ of the joint property. Therefore, the goal of the analysis presented in this article is to respond to the judge's ratio decidendi when it comes to joint property that are unrelated to the KHI. Then, a more thorough explanation of progressive law as a method of legal change in the realm of community property is provided. The research approach employed in this paper is the normative legal method. The investigation's findings demonstrate that the judge's reasoning is predicated on the idea that the wife's inherited assets, rather than the husband's income from their marriage, constitute the joint property at issue in the proceedings. In terms of income, living expenses, or child-education expenses, the plaintiff was unable to demonstrate how much he contributed to the defendant's household during their time together. The plaintiff could not provide sufficient evidence to support his claim that he could afford to buy the property, house, and four-wheeled vehicle that are at issue. According to the judge's ruling, progressive law satisfies societal legal requirements. The judge's ruling about the contribution of joint assets served as a legal justification for not dividing joint assets in half, based on the facts of the case
Examining Call for the Dissolution of Indonesian Ulema Council: Siyāsah Syar’íyyah Perspective Abdul Syatar; Muhammad Imran; M Ilham; Kurniati Kurniati; Marilang Marilang; Kamaluddin Nurdin Marjuni
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.6678

Abstract

The religious authoritative institution of the Indonesian Ulema Council (MUI), is facing infiltration by members connected with acts of terrorism. This leads to public demands for its dissolution under the banner of "Joint Enemy Terrorism". Therefore, this study aimed to assess the possibility of dissolving MUI by reviewing the root causes of terrorism within the religious institution. Through the lens of Islamic political analysis and a critical examination of various data sources, it became evident that the discourse advocating for the dissolution centered around the hashtag #BubarkanMUI#. This hashtag campaign was initiated to frame the participation of MUI members in extremist activities, thereby posing a threat of criminal terrorism. MUI, on the other hand, was beyond dispute due to its strong and legally entrenched position. In this context, the prospect of the dissolution became irrelevant, impractical, and challenging to materialize primarily due to membership issues. The existence of MUI was strengthened and secured through several laws mandating its engagement, including the certification of halal products and regulation of Sharia banking. This showed the religious institution must embark on a thorough evaluation and enhancement of both its structural framework and membership recruitment processes. Regarding the authority to dissolve non-political institutions and organizations, this prerogative should be entrusted to the Constitutional Court, serving as a judicial entity responsible for safeguarding democracy, human rights, and constitutional principles.
Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study Husni Mubarrak; Faisal Yahya; Iskandar Iskandar
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.10258

Abstract

This study aimed to discuss the debate and controversy surrounding interpretations that are considered authoritative about interpreting Sharīa proposition regarding the ta'zīr public caning legal procession in prisons in Aceh, from what was previously held in an open space. The debate occurred and took place in various media, including social media, following the issuance of the 2018 Aceh Governor's Regulation concerning the relocation of the punishment procession. The discussion continued long enough to debate the interpretation which is considered the most valid regarding the necessity of caning for being witnessed by a group of believers (mukmin); the selection of the place where the punishment will be carried out; until the legal reasoning, intent and purpose of the caning punishment itself to be witnessed in public space according to Sharīa, as explicitly stated and interpreted in the Al-Qur’an Surah An-Nur: verse 2. By using literature studies and empirical investigations as the method, this article would like to use synthesis approach for analysis by putting theory “authoritative” and “authoritarianism” as the framework. The research finding shows that certain view which has been popularized through media is supposed as an authoritative interpretation and understood as the “should be” according to sharīa by the public, so that must be imposed of caning and openly witnessed (not in jail) during the formalization of Islamic law in contemporary Aceh.
Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation Muhammad Fauzinudin Faiz; Zezen Zainul Ali; Muhammad Taufiq
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i2.9097

Abstract

Increasing the minimum age for marriage has increased the community's efforts to obtain a marriage dispensation permit in court. Generally, this application is made by children who are not old enough and not yet married, but the facts on the ground state that there are widows and widowers under age who also apply for a marriage dispensation for the second time, this raises a new problem, namely legal uncertainty for the applicant. This study will explore the problems of an underage widow and widower in registering his second marriage and the contestation of authority in the marriage of underage widows and widowers. The study was conducted by looking at and analyzing several cases of application for dispensation for the marriage of underage widows and widowers in several Religious Courts (juridical normative) and mapping related documents (library research). Three important points are noted. First, when a widow and widower under the age of 19 applies for marriage registration at the Office of Religious Affairs but is refused and directed to apply for a dispensation to marry, while in the Religious Court, there are differences of opinion among judges in the application for dispensation to marry a second time, some reject, and some accept. Second, there is contestation between the Office of Religious Affairs and the Religious Courts in viewing dispensation for widow and widower marriage because of the different legal basis used. Third, despite the contestation between the two institutions, the Religious Courts, as justice-seeking agencies, must accept the application submitted to ensure legal certainty for its citizens, namely widows and widowers under age. Thus, this article recommends two actions: namely, the need for communication between the two executive and judicial institutions to discuss the issue of marriage dispensation for underage widows and widowers so as not to contradict each other and legal certainty for underage widows and widowers who want to marry is essential.

Page 25 of 28 | Total Record : 276

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