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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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Bridging Fiqh and Positive Law: A New Paradigm for Child Legality and the Best Interest of the Child in Indonesia Hanapi, Agustin; Aini, Sarina; Sari, Cut Endang Puspa
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.v23i2.10712

Abstract

This study aimed at explaining the shift in the legality of children in Indonesia in the decisions of the Religious Court and Syar’iyah Court regarding the determination of the origin of children. This normative legal research used a conceptual approach, legal regulations, and cases. The data were obtained from the decisions of the Religious Court and Syar’iyah Court as well as legal regulations in Indonesia. The data were collected through literature review. The research results showed that the judges’ considerations no longer strictly adhered to fiqh, but referred to Indonesian positive law and even ignored both by prioritizing justice and the benefit of children. The judges’ decisions that had accommodated the welfare of children were in line with maqāṣid al-sharī‘ah, which requires the maintenance of the five basic foundations for children such as religion, soul, reason, heredity, and property. This research confirmed that there has been a shift in the legality of children in Indonesia in judges’ decisions from fiqh to positive law which prioritizes the best interests of children.
Revealing Legal Politics in City Branding: A Study of Padang Panjang City as the Kota Serambi Mekah Abrar, Abrar; Khalida, Azhariah; Hareem, Haya
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.v23i2.13241

Abstract

This research aims to analyze in depth the political power of legal aspects of the branding of the city of Padang Panjang as the Kota Serambi Mekah. The focus of this research explains the reasons behind the branding of the city of Padang Panjang as the City of Serambi Mekkah at the beginning of its determination, the political power of legal (regulations and programs) in building and maintaining the city’s branding. This research uses a qualitative approach. The data sources collected are a combination of data on the law in the books with the law in practices. The interpretation of the data refers to the normative legal research procedure by confirming it to the understanding practices of the respondents. Data was collected through interviews with the mayor and his staff, and the community. While the literature study collected policy documents and the internet such as the Padang Panjang Government website. The empirical approach analyzes field data to explain Padang Panjang’s branding policy as the City of Serambi Mekah, while the normative approach analyzes scientific documents to explain regulations related to the branding. The results of this study show that the rationale behind city branding is to strengthen the Islamic and cultural identity of Padang Panjang City. In addition, although the Kota Serambi Mekah branding has been practically implemented through various regulations and programs, the consistency in the emphasis of branding in strategic planning has changed, from an emphasis on concrete implementation in the 2005-2045 Regional Long-Term Development Plan (RPJPD) to a more explicit emphasis in the Draft RPJPD 2025-2045. This research is novel in exploring the political power of legal in shaping and sustaining the branding of cities, particularly Padang Panjang as the Kota Serambi Mekah. The contribution of this research lies in an in-depth understanding of the role of legal and policy frameworks in strengthening the city’s cultural and religious identity, as well as how this branding can adapt to changes in long-term development strategies. This research also provides suggestions for the government to be consistent in maintaining the implementation of branding in every strategic planning, so that the identity of Kota Serambi Mekah remains relevant and effective in facing social and political challenges.
Reinterpreting Religious Texts on Gender Equality: The Perspective of Ahmad Syafii Maarif Rizal, Deri; Irman, Irman; Putri, Dewi; Miftahurrahmah, Miftahurrahmah; Yustiloviani, Yustiloviani; Kamaluddin, Kamaluddin
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.v23i2.10233

Abstract

This study examines Ahmad Syafii Maarif’s (commonly known as Buya Syafii Maarif) views on gender equality, highlighting the distinctive aspects of his interpretation of religious texts, particularly regarding family and societal roles. Using a descriptive-critical methodology, the study reveals that Buya Syafii Maarif’s views on gender equality within the family emphasize justice, fairness, and respect for women’s rights, all rooted in Islamic principles. He argues that a correct interpretation of Islam supports equality between men and women, including within family relationships. A central aspect of his thinking is the concept of complementary roles between men and women, rejecting the idea of gender-based superiority. He critiques traditional views that confine women’s roles to the domestic sphere and advocates for greater female participation in decision-making and social contributions. Buya Syafii Maarif also challenges interpretations of religious texts that have historically justified gender inequality, asserting that the Qur’an promotes respect and cooperation between the genders. Education plays a key role in his vision, as he emphasizes its transformative power in empowering women to make significant contributions to both family and society. He advocates for equal opportunities for women in education and public life to foster a just and prosperous society. This study demonstrates that Buya Syafii Maarif's vision of gender equality reflects a balanced and just understanding of Islam, one that encourages cooperation and equality to achieve harmony in both the family and society.
Spiritual Communication in Achieving the Marital Harmony: The Rapo-rapoang Tradition in Bugis Community Munirah, Rezky; Karnay, Sudirman; Maria, Jeany Fatimah; Kamaruddin, Kamaruddin; Darlis, Syamsul
JURIS (Jurnal Ilmiah Syariah) Vol 24, No 1 (2025)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v24i1.13194

Abstract

The rapo-rapoang tradition is a series of pre-wedding processions for the Bugis people of South Konawe. This tradition becomes a medium for spiritual communication between understanding customs and Islamic law in formulating the goals of marriage, so this issue needs special attention in the study of maqāṣid al-sharī’ah. This research aims to reveal the practice of spiritual communication through the South Konawe Bugis wedding rapo-rapoang tradition from a maqāṣid al-sharī’ah perspective. This research is qualitative research with an empirical-normative approach which includes the results of observations and interviews with religious leaders, traditional leaders and community leaders and includes a literature review that is in synergy with this research. The results of the research show that the rapo-rapoang tradition is practiced through four stages, namely mental, physical and spiritual preparation, religious and traditional education, family deliberation and congratulatory prayer. Spiritual communication in the rapo-rapoang tradition is an effort to integrate previous community understanding (pappaseng to riolo) with the concept of Islamic teachings and convey it to prospective brides and grooms. The rapo-rapong tradition in practice is in line with the provisions of Islamic law. In fact, if this tradition is analyzed from a maqāṣid al-sharī’ah perspective, it is found to be a form of support for achieving the goals of Islamic marriage. Therefore, ijtihad regarding the concept of achieving the goals of Islamic marriage through certain traditions implemented by Muslim communities throughout the world needs attention, in order to preserve culture and traditions within the circle of Islamic sharia.
The Role and Authority of the Deputy Regional Head According to Islamic Principles within the Framework of Regional Government Law Hariyanto, Hariyanto; Mukhlis, Muhammad Mutawalli; Rismana, Daud
JURIS (Jurnal Ilmiah Syariah) Vol 24, No 1 (2025)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v24i1.12678

Abstract

The position of the deputy regional head in Indonesia's regional government system is often unclear, particularly within constitutional and legal context. This ambiguity leads to inefficiencies and conflicts in governance. This study seeks to examine the role of the deputy regional head from the perspective of fiqh siyasah, addressing the legal uncertainties and suggesting ways to enhance their authority. Utilizing a normative juridical approach, this research draws on secondary data from legal documents, academic articles, and other pertinent sources. Data were gathered through a structured literature review, and qualitative analysis was conducted using juridical methods to create a descriptive narrative. The findings indicate that the authority of the deputy regional head is frequently overshadowed by the regional head, relegating their role to mostly ceremonial or minor administrative tasks. This disparity contradicts Islamic governance principles, which prioritize justice, consultation, and accountability. This study contributes to the field by proposing a Principle-Based Authorization Model aimed at redefining the deputy’s authority in a way that aligns with both Islamic values and contemporary governance requirements. This model is recommended as a foundation for legal and policy reforms to promote more effective and cohesive regional governance.
Artificial Intimacy and Islamic Jurisprudence: Legal and Ethical Perspectives on Sex Robots Hammad, Hamza Abed Al-Karim
JURIS (Jurnal Ilmiah Syariah) Vol 24, No 1 (2025)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v24i1.11432

Abstract

In light of the integration of artificial intelligence and the substantive progress in the robotics industry, a type of robots called sex robots has emerged, which some see as an alternative to natural sexual relations. A man finds a “female robot” as an alternative to a real woman and has a sexual relationship with the female robot, and the same applies to women. Therefore, this research aims to present the jurisprudential view on having sexual relations with robots. The research used the descriptive analytical method based on describing the nature of sex robots, then extrapolating the jurisprudential view of this sexual relationship from jurisprudential sources. As for the results and conclusions, the research concluded that the jurisprudential vision of this topic is represented in the prohibition of having sexual relations with robots in all their forms, and it is not permissible to use a robot for sexual purposes except when necessary; so that if a man or woman does not have to either use a robot or commit adultery, then use is permissible out of necessity; based on the opinion of the jurists of the Hanafi school, which sees masturbation as permissible in the event of fear of adultery, and the opinion of the jurists of the Hanbali school that masturbation is not permissible except when necessary, The scientific contribution of this study is evident as it deals with a realistic issue that has become widespread in contemporary times. This issue is not known to many researchers as well as the general public. Thus, it was necessary to present the jurisprudential perspective. Moreover, this study may be the first of its kind to address this topic.

Page 28 of 28 | Total Record : 276

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