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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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The Mechanism of Avoiding Riba in Islamic Financial Institutions: Experiences of Indonesia and Malaysia Muhammad Maksum; Nur Hidayah
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.v22i2.6952

Abstract

The issue of discrepancy between business goals and sharia principles related to debt raises a problem. Financial institutions seek profit, but lending and borrowing money (qardh) in Islam is not for profit. This has the potential to generate usury (riba), and must be avoided by Islamic Financial Services (IFS). This article examines several Islamic legal opinions (fatwa) from the Indonesian National Sharia Council and the Malaysian Sharia Authority Council utilizing a normative and descriptive legal study approach, in conjunction with the science of Islamic jurisprudence (ushul fiqh). The results of the study outline that Islamic financial institutions must create products to avoid riba practices on unlawful debts. Two models for the creation of anticipatory riba were found by tracing and testing Islamic financial products using a credit schemes (qardh), namely entering into a service contract (ijarah) and conducting several transactions (bay' al-'inah) for one object. This product highlights the repetition of an old practice long-debated in classical fiqh because it is prohibited in a hadith of the Prophet Muhammad. This finding has implications for Sharia compliance as long as Sharia financial products do not shift to profit-sharing or buying and selling-based financial products.
Trendy Veil: Law, Function, and Its Stigma on Muslim Society Musda Asmara; Rahadian Kurniawan; Wahyu Abdul Jafar; Anggoro Sugeng; Sakirman Sakirman
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.v22i2.8609

Abstract

The trendy Veil was a phenomenon among young women, especially after the Covid 19 outbreak. Many wear the veil as well as a mask to prevent disease. The purpose of this study was to reveal facts related to law, function, and social stigma against women who wear the trendy veil. This research was field research that used a normative approach. Data collection techniques in this study were interviews and documentation. At the same time, the analysis technique used in this study is descriptive. The findings in this study were that the law on wearing a trendy veil was sunnah as long as a trendy veil follows the general rules of dress for Muslim women. The trendy veil has three functions: worship, social, and health. In addition, there has been a change in the stigma of women who wear the veil today, especially women who wear trendy veils. The negative stigma against women who wear the veil has begun to disappear. The Muslim community has considered the trendy veil a necessity and a common thing.
Strengthening the Shafi‘i Madhhab: Malay Kitab Jawi of Fiqh in the 19th Century Yasrul Huda; Jajat Burhanuddin; Mahmood Kooria
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.v22i2.10282

Abstract

The supremacy of fiqh in Indonesian, and Southeast Asian, Islam has been widely acclaimed; the subject concerning the affairs of daily life, the core substance of fiqh, has its fertile grounds in Muslims religious ideas and practices. This article presents a historical analysis how the fiqh became popular in the region, which can be traced back to the 19th century. Taking Malay kitab jawi as the main subject of discussion, the shifting of religious concerns among the ‘ulamā’ (Muslim scholars) was of crucial significance. They increasingly engaged in dealing with the Muslims’ need of guidance in primarily prescriptions for worship (‘ubūdiyah). This study traces the historical aspect in the spread of the Shafii school, along with the development of the Malay textual tradition.  As a result, kitab jawi on fiqh by Southeast Asian ‘ulamā’ grew considerably, in both number and religious authority, in line with the rise of learning institutions (pondok), leading the subject to appear as religiously essential to be produced, and reproduced, to become an established school for Muslims of the region.
Revisiting ‘Iddah: A Critical Analysis of Gender Equality in Indonesian Feminist Islamic Legal Discourse Fuady Abdullah; Nova Anggraini Putri; Youssof Salhein
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.v22i2.10320

Abstract

Feminist legal theory highlights the persistence of women's subordination within the prevailing legal framework and emphasizes the importance of legal mechanisms that promote women's emancipation and equality. So far, the discourse of feminist Islamic law in Indonesia has caused more rejection, particularly with the emergence of the Counter Legal Draf-Kompilasi Hukum Islam (CLD-KHI), which is considered contrary to Islamic law, one of which is in the provisions of 'iddah. This study seeks to examine and analyze the demand for gender equality in the 'iddah period as manifested in the CLD-KHI. Using a qualitative research approach emphasizing library-based research on the draft in question and the supporting writings, this study bases its content analysis on the theory of Maqāṣid al-Sharī'ah, with al-Shatibi as the primary source. The results of this study reveal an insufficiency in the justification of the plea for gender equality in the enforcement of 'iddah from the view of Maqāṣid al-Sharī'ah. From the conventional perspective of Islamic law, the principle of gender equality as a maqṣad does not have a solid foundation, so it leads to rejection rather than acceptance. Therefore, to bear fruit, any legislative effort in the field of Islamic law must be carefully shaped by methodologies and ethos derived primarily from its tradition.
Violence against Women: Comparing Female Genital Mutilation and Female Circumcision in Malaysia Norazam Khair Mohd Ithnin; Ishak Suliaman; Abdul Halim Ibrahim
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.v22i2.10426

Abstract

The United Nations (UN) General Assembly resolution on 20 December 2012 declared female genital mutilation (FGM) illegal and a violation of women's rights. This declaration was made following the World Health Organization's (WHO) call to eradicate FGM in 1997. The prohibition includes all forms of mutilating, harming, or causing pain to the female genitalia. The female circumcision practice in Malaysia is also categorized as FGM by the United Nations Human Rights (UNHR) at the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2018. In light of these developments, this qualitative study examines and compares the true nature and concepts of FGM and the female circumcision practice from the perspective of Al-Sunnah Al-Nabawiyyah. Documentation was employed for data collection, analysis, and interpretation. The findings reveal a significant divergence between FGM and female circumcision. Female circumcision is more similar to the aesthetic surgery of the female genitalia, known as clitoral hood reduction, which can enhance women's sexuality. In conclusion, female circumcision in Malaysia is not a torturous act that violates women's rights, but rather a safe practice following Islamic law. This study also proposes a comprehensive research initiative aimed at formulating secure and Sharia-compliant protocols for female circumcision.
Actualizing Islamic Economic Law in the Digital Era: A Study of the Application of Khiyar al-Majlis in Electronic Contracts Muhammad, Pauzi; Arianti, Farida; Masum, Ahmad; Rani, Marnia
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.11573

Abstract

This research was motivated by the emergence of electronic contracts, while every contract contains provisions and implementation of khiyar al-majlis, namely the right of the parties to the transaction to choose to continue or cancel a business transaction as long as the parties are still present at the transaction location. Due to the unclear existence and mechanism for implementing khiyar al-majlis in electronic contracts, this research was urgent. The aim of this research was to determine the existence and mechanism for implementing khiyar al-majlis in electronic contracts. The research method used was normative legal research with a systematic legal approach. Researchers use secondary data or legal materials obtained and processed using selective categorization. All of this legal material was grouped based on criteria that were appropriate to the problems and themes, then analyzed descriptively and analytically. The law of khiyar al-majlis was described and analyzed with explanation, study, systematization, interpretation, and evaluation. The results of this research showed that the existence of khiyar al-majlis in electronic contracts was only legal because the parties were not in the same transaction location as in conventional contracts. Then, the mechanism for implementing khiyar al-majlis could occur directly or indirectly in electronic contracts. This study contributes to the development and actualization of Islamic economic law in the digital era.
Hamka’s Legal Methodology on Hisab–Ru’yah in His Book “Saya Kembali ke Ru’yah” Helim, Abdul
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.11952

Abstract

This research endeavors to explore the contextual shifts in Hamka’s perspectives on hisab-ru’yah and his methodological approach to legal reasoning. It adopts a normative legal research methodology with a conceptual framework. Primary legal sources are drawn from Hamka’s book “Saya kembali ke Ru’yah”. These sources are scrutinized through the lenses of uṣūl al-fiqh and the sociology of knowledge. The findings of this study indicate that the transformation in Hamka’s thinking stemmed from profound childhood experiences and culminated in a notable enlightenment during his participation in the International Islamic Conference in Malaysia. Ultimately, his stance evolved dramatically, concluding unequivocal support for the practice of ru’yah (moon sighting). Furthermore, there are also figures within Muhammadiyah who endorse both ru’yah and istikmāl (completing the lunar month if the moon is not sighted). This support has fortified Hamka despite facing considerable criticism. From the perspective of uṣūl al-fiqh (principles of Islamic jurisprudence), Hamka’s shift in legal reasoning appears primarily theoretical, although he does not explicitly delineate the specific theory involved. This can be inferred from his interpretation of the hadith of ru’yah in alignment with the principles of manṭūq (explicit meaning) or dilālah al-‘ibārah (indicative meaning). In expressing his views, Hamka incorporates the opinions of scholars, indicating his reliance on the qaulī method. His personal joy during fasting and holiday celebrations concurrently reflects his alignment with the maṣlaḥah theory, enhancing unity and cohesion. However, this unity can only be fully realized under government regulation as the ūlīl amr (ruler), particularly concerning the outcomes of ru’yah and istikmāl. Such submission, beyond mere compliance, also falls within the realm of maṣlaḥah al-mu’tabarah (considered public interest). This research underscores the necessity of approaching legal provisions from multiple perspectives, rather than a singular viewpoint, to achieve the intended legal spirit and realize genuine benefits. Hamka’s methodology exemplifies him as a contextual integrative Muslim.
Living Under the Same Roof Before the Date of Separation: The Relevance of Maqāṣid al-Sharī’ah and Minangkabaunese Custom in A New Direction for Families Nofiardi Nofiardi; Fahmil Samiran
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.v22i2.9014

Abstract

Minangkabau community is known for its matrilineal kinship, in which a husband after the marriage lives with his wife’s family. If there are constant quarrels in the marriage and it is difficult to continue the marriage, the husband who leaves his wife’s house will not return unless he is taken back according to custom by his wife’s family. Yet, if divorce should be the final decision, then the husband must also leave the house until the judge decides it. This research aimed at exploring the notion of living together under the same roof before the date of separation or divorce process, a new direction for families in the Minangkabau community with maqāṣid al-sharī’ah approach. A qualitative approach was used to conduct this study. The data were obtained through documentation and interviews. The documents were the decision of the Batusangkar Religious Court that were appealed to the West Sumatra High Religious Court. Meanwhile, the interviewees were the judges of the courts. The maqāṣid al-sharī’ah approach was used to analyze a very interesting decision made for a divorce case occurred in Luhak Tanah Datar area. The results showed that differences in the understanding of Maqāṣid al-sharī’ah influenced decisions and indicated new directions in the families of the Minangkabau community.
The Indigenous Idea of Gender Equality: Husband-Wife Relationship in the Manuscript of Adābul Mu’āsyarah Sheila Fakhria; Moh. Sholeh Afyuddin; Muhammad Nazir Alias
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.v22i2.9475

Abstract

Literacy in pesantren still places women as the second class, especially in the study of women's fiqh or husband-wife relations. This phenomenon has attracted researchers to conduct research on one of the books by Nusantara scholars used by Islamic boarding schools, whether it contains gender equality or not. This research focused on one of the books, Adābul Mu’āsyarah, which describes the ethics of husband and wife relations in fostering a harmonious family. By using a literature study with analytical techniques in the form of content analysis and a gender studies approach, this research found that the contents of this book by KH Yasin Asmuni have provided equal space in household relations between husband and wife. Although it cannot be denied that there are still many patriarchal terms, such as defining women as humans who lack reason and emotion, which makes men superior to women in several ways. This phenomenon of patriarchal understanding has been impacted by several factors, such as the author's background, patriarchal culture and the wave of studies that narrowed a unique case into a general provision. This research is expected to provide references and a new paradigm in describing equal husband-wife relations.
Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia Ahmad Wira; Nurul Huda; Ahmad Sunawari Long; Wahyuni Lely Augusna; Meirison Meirison; Yenti Afrida
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.v22i2.9383

Abstract

One concept of preserving family assets can be carried out through the practice of dzurri waqf. In Minangkabau, preservation of family assets is carried out in the form of high inheritance management. This article aims to discuss the legal concept of dzurri waqf and its implementation in high inheritance management in Minangkabau, West Sumatra. The findings of this study are very specific because the Minangkabau culture adheres to on one side, a matrilineal system but on the other hand, is based on the Islamic law. The data in this study were obtained through in-depth interviews with four experts, i.e., the expert council of MUI West Sumatra, the Chair of the West Sumatra Indonesian Waqf Board, the Chair of West Sumatra Nazir, and the expert council of the Lembaga Kerapatan Adat Alam Minangkabau (LKAAM) West Sumatra. This study found that first, the concept of dzurri waqf is identical to the management of high heirloom assets in Minangkabau. It is proven by some asset management that is almost the same as dzurri waqf, i.e., the element of property must be retained in principal and from the element of beneficiaries (mauquf alaih) who are family members. Second, there is a strategy to maintain high pusako treasures through religion, namely by managing high pusako treasures, such as dzurri waqf management so that the identity of high pusako treasures as culture can survive and be managed sustainably. Third, in order to maintain the identity of the high pusako treasure, the nazir in the context of dzurri waqf is appointed from the niniak mamak component as the holder of the power of the high pusako treasure.

Page 26 of 28 | Total Record : 276

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