Jurnal Integrasi Ilmu Syariah (Jisrah)
Jurnal Integrasi Ilmu Syariah (Jisrah) with ISSN 2775-3557 (Online) and 2775-1783 (Print) is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of sharia. JISRAH encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited:Islamic Law, Islamic Family Law, Constitutional Law (Siyasah), Islamic Economic Law. The journal is published periodically three times a year, i.e., every April (first edition) August (second edition) and December (third edition).
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TINDAKAN YURIDIS BADAN PENGAWAS PEMILIHAN UMUM (BAWASLU) KABUPATEN TANAH DATAR DALAM MENINDAK PELANGGARAN PEMILIHAN UMUM PERSPEKTIF HUKUM TATA NEGARA ISLAM
Kintan Meiriza Awenza;
Afdil Azizi
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4344
In writing this thesis, the focus of the study is how the role of the supervisory body of the Tanah Datar District Election Supervisory Agency in cracking down on violations of the money politics election, campaigning out of schedule, billboards and other campaign props that are widespread in the 2019 general election, what are the obstacles faced by the agency election supervisors in cracking down on violations of money politics elections, campaign props that were widespread at the time of the 2019 general election and the perspective of islamic constitutional law relating to the juridical actions of the election supervisory body against 2019 election violations.
AMBIGUITAS PERATURAN DAERAH KABUPATEN TANAH DATAR TENTANG PAJAK DAERAH PERSPEKTIF SIYASAH DUSTURIYAH
Hibatul Wafi;
Elsy Renie
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4343
The focus of the research is how ambiguity is in the Tanah Datar Regency Regional Regulation Number 1 of 2018 concerning the Second Amendment to the Tanah Datar Regency Regional Regulation Number 6 of 2011 concerning Regional Taxes. The purpose of this paper is to explain, analyze whether ambiguity occurs in article 43 paragraph 1, article 44 paragraph 1, article 65 paragraph 4 letter h ambiguity in the Tanah Datar Regency Regulation Number 6 of 2011 concerning Regional Taxes as Amended by the Regency Regional Regulation Tanah Datar Number 1 of 2018 concerning the Second Amendment to the Regional Regulation of Tanah Datar Regency Number 6 of 2011 concerning Regional Taxes and to find out how to review article 43 paragraph 1, article 44 paragraph 1, article 65 paragraph 4 letter h Regional Regulation of Tanah Datar Regency Number 6 of 2011 concerning Regional Taxes as Amended by Regional Regulation of Tanah Datar Regency Number 1 of 2018 concerning the Second Amendment to Regional Regulation of Tanah Datar Regency Number 6 of 2011 concerning Regional Taxes in the Perspective of Siyasah Dusturiyah on the Establishment of Good Legislations in the review of Siyasah Dusturiah.
PELAKSANAAN HAK POLITIK PEMILIH DISABILITAS DALAM PEMILU SERENTAK TAHUN 2019 DI KABUPATEN TANAH DATAR MENURUT UNDANG-UNDANG DISABILITAS DAN FIQH SIYASAH DUSTURIYAH
Marlindawati Marlindawati;
Ulya Atsani
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4345
This study discusses the implementation of the political rights of disability voters in the 2019 simultaneous elections in Tanah Datar District according to the Disability and Fiqh Law Siyasah Dusturiyah. This type of research is field research in which materials are collected through interviews and documentation. The method used is a sociological juridical research method. Theories used are general election theory, political rights theory, disability political rights theory and siyasah dusturiyah fiqh theory. From the results of the research that the author did, it can be concluded that the implementation of fulfilling the political rights of persons with disabilities in the 2019 Simultaneous Elections in Tanah Datar District has not been carried out optimally. The obstacle faced by KPU in implementing the political rights of persons with disabilities is the difficulty in providing socialization to persons with disabilities. A review of fiqh siyasah dusturiyah on the implementation of the political rights of persons with disabilities was carried out by the Ahlu Halli Wal Aqdi institution which is an institution to accommodate the aspirations of the people. The fulfillment of political rights of persons with disabilities in the election is not in accordance with the fiqh siyasah dusturiyah.
PROSEDUR PENETAPAN BANTUAN STIMULAN PERUMAHAN SWADAYA PERSPEKTIF FIQIH SIYASAH DUSTURIYAH (Studi Kasus Di Jorong Buluh-Kasok Kenagarian Padang Air Dingin Kecamatan Sangir Jujuan Kabupaten Solok-Selatan)
Srima Yengsi;
Sulastri Caniago
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4346
This paper aims to explain the procedure for determining self-help housing stimulant assistance in Jorong Buluh-Kasok Nagari Padang Air Cold, Sangir Jujuan District, Solok-Selatan Regency based on the Minister of PUPR Regulation Number 13/PRT/M/2016 and the Fiqh Siyasah Duturiyah Perspective. The type of research is field research (field research). The data sources of this study consisted of primary data sources, namely the head of the technical team for house renovation in Solok-Selatan Regency, the head of the administrative section of the wali nagari, the head of jorong Buluh-Kasok, community leaders in Jorong Buluh Kasok and secondary data, namely scientific books, research results, legislation related to research and documents. Data collection techniques are interviews and documentation. The data were analyzed using a qualitative descriptive method. This study found that the cause of the mechanism for determining the self-help housing stimulant assistance in Jorong Buluh Kasok was not right on target because there were parties who did not carry out their technically determined duties. Of the three persons in charge and requesting house renovation assistance, namely: the Technical Team for house renovation, the Wali Nagari Padang Air Cold, and Jorong Buluh-Kasok. The party who does not carry out their duties is the technical team for home renovation, where the technical team does not carry out their duties as supervisors for the implementation of home renovation assistance, while in Ministerial Regulation No. and evaluation of the provision of home surgery assistance. Meanwhile, according to Fiqh Siyasah Duturiyah's view of the procedure for determining this self-help housing stimulant assistance, it lies in the task of the executive agency (al-sultah al-tanfidziyah) where the task of the al-sultah al-tanfidziyah institution is to implement the laws and regulations that have been set. , in the principle of fiqh siyasa this is included in the principle of justice where to create justice one must not look at status or position.
KONSEP OTONOMI DAERAH DALAM HUKUM TATA NEGARA ISLAM
Weni Gusdi Sari;
Zainuddin Zainuddin
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4348
This study examines the concept of regional autonomy in Islamic constitutional law about how is the concept of regional autonomy in Islamic State Constitutional Law and how is the autonomy of regional heads in the perspective of Islamic constitutional law. This research is a qualitative research library (Library Research). The data of this study were obtained through the Islamic law/Fiqh research method with a historical approach. After the data has been collected, it is then processed by studying, researching, studying and understanding the concept of regional autonomy in Islamic Constitutional Law referring to the Al-Quran and Hadith and related articels. This study found the following results: (1) The concept of regional autonomy in Islamic constitutional law is practiced in three types of regional government, namely al-imarah al-khashah, al-imarah al-ammah, al-imarah al-istila. (2) The autonomy of the regional head's power in the perspective of fiqh siyasah dusturiyah or Islamic constitutional law is in accordance with the conditions and authority granted by a Khalifah. The Khalifah as head of state gives authority to al-Amir (Head of Region) in the functions of: collecting taxes in the region, managing regional administration and providing services to the people in the region, maintaining security in the region, attracting kharaj and collecting zakat, upholding and disseminating Islam in the region. area, as well as being a prayer priest.
TRADISI JUAL BELI BAJOJO DI JORONG KINAWAI NAGARI BALIMBING KABUPATEN TANAH DATAR DALAM TINJAUAN FIQH MUAMALAH
Vegi Melati;
Syamsuwir Syamsuwir
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4337
This study examines the review of fiqh muamalah on the tradition of buying and selling bajojo in jorong kinawai nagari balimbing, rambatan sub-district, Tanah flat district. The focus of the research is how to review muamalah fiqh on the tradition of buying and selling bajojo in Jorong Kinawai Nagari Balimbing, Rambatan District, Tanah Datar Regency. While the purpose of this study is to find out and explain how the fiqh muamalah view of the tradition of buying and selling bajojo in Jorong Kinawai Nagari Balimbing, Rambatan District, Tanah Datar Regency. This research is a field research. Data were obtained in 2 ways, namely secondary data and primary data. Primary data are traders and buyers (farmers), while secondary data sources are community leaders. After the data is collected, it is processed by means of interviews and analyzed by means of trigulation. This study found the results, namely the bajojo buying and selling tradition that occurred in Jorong Kinawai Nagari balimbing where the bajojo buying and selling tradition was a barter sale, goods exchanged for rice in this bajojo sale and purchase was a sale and purchase of dissimilar goods, based on the hadith which says that selling Buying barter must be buying and selling similar goods.
TINJAUAN FIQH SIYASAH DUSTURIYAH TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM
Utari Lorensi Putri;
Sulastri Caniago
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4347
The focus of the study in this research is on the perspective of fiqh siyasah dusturiyah to the Legislation Number 16 of 2011 concerning Legal Aid. The purpose of this paper is to explain and analyze how the implementation of Legal Aid towards the fulfillment of the rights and justice of the people based on the Indonesian constitution and fiqh siyasah dusturiyah perspective. Legal Aid itself is so that the rights of the people can be fulfilled in cases in court and out of court. In carrying out Legal Aid must use the principle of justice. Justice is meant to place the rights and obligations of everyone in a proportional, proper, correct, good and orderly manner, the principle of equality in law is that everyone has the same rights and treatment before the law and the obligation to uphold the law. In Islamic courts, the idea of providing legal aid has been formed. The principles of justice and equality before the law or the fulfillment of people's rights are included in the concept of legal aid. The provisions of Islamic law are the most fundamental basis for the existence of Legal Aid in the Islamic legal process.
CERAI TALAK YANG TERINDIKASI KDRT PERSPEKTIF UU NOMOR 23 TAHUN 2004 TENTANG KDRT DAN HUKUM ISLAM (Studi Putusan Nomor 70/Pdt.G/2020/PA.Pyk)
Adriantito Ramadhan;
Irma Suryani
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4330
This study aims to explain how the judge's legal considerations in decision number 70/Pdt.G/2020/PA.Pyk who provide a living for the wife indicated by nusyuz and to explain how the judge's legal considerations in the decision are reviewed from the PKDRT Law and Islamic Law. This research is a field research. The primary data source is information from the chairman of the panel of judges who decided the case, and the decision. Secondary data sources are obtained from library materials by searching for data or information in the form of written objects such as books, regulatory documents related to research. This study found, firstly, the nusyuz status of the wife according to the judge's opinion had no cause. The act of nusyuz in question is that the wife leaves the joint residence without the husband's permission in the condition that the household is still fine, and the husband does not state and prove that his wife is nusyuz. Then the wife in this case sued the husband back so that he was given a living while the husband agreed with his ability so that the judge stated there was no reason not to give the husband a living obligation to his wife. However, if viewed from the perspective of material law, namely KHI, the respondent is categorized as a wife who is nusyuz and her husband's livelihood is hindered either when she is nusyuz or divorced due to the nusyuz. Second, regarding the point of view of the PKDRT Law regarding indications of neglect from the wife based on her obligations according to Article 34 paragraph (2) of the Marriage Law, she cannot carry out her obligations under the law so that she is categorized as neglect based on Article 9 paragraph (1) of the PKDRT Law. Meanwhile, based on the judge's statement, the husband is the perpetrator of neglect after being analyzed based on his obligations in Article 34 paragraph (1) cannot completely violate the article, because the husband based on his ability is still carrying out his obligations to provide a living for his wife and children. Third, from the point of view of Islamic law regarding nusyuz. The scholars agree that the attitude of a wife who leaves the joint residence without the husband's permission is included in the act of nusyuz and the act of nusyuz resulting in the obstruction of a living from the husband to his wife.
MANJALANG JANJANG DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus di Nagari Batu Payuang Kecamatan Lareh Sago Halaban Kabupaten Lima Puluh Kota)
Faida Syukrina;
Zulkifli Zulkifli;
Amri Effendi
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4331
This study examines manjalang janjang in Nagari Batu Payuang, Lareh Sago Halaban District, Lima Puluh Kota Regency. Manjalang Janjang is done after the marriage in Nagari Batu Payuang. This study wants to see how the process of implementing the majalang janjang tradition in Nagari Batu Payuang, Lareh Sago Halaban District, Lima Puluh Kota Regency and how Islamic law reviews the implementation of the majalang janjang tradition. This research is a field research. Data were obtained through interviews with tribal niniak mamak or also called datuak and married couples who did not carry out and who carried out the manjalang janjang tradition. This study found that the implementation of the manjalang janjang tradition in Nagari Batu Payuang, Lareh Sago Halaban District, Lima Puluh Kota Regency is to establish friendship and respect for the family. The purpose of the jalang janjang tradition is to respect the male side as urang sumando. According to the view of Islamic law, the tradition of manjalang janjang in Nagari Batu Payuang, Lareh Sago Halaban District, Lima Puluh Kota Regency is in the category of something good even though it is not explicitly governed. This category includes maslahah.
PELAKSANAAN PERJANJIAN BAGI HASIL MUZARA’AH DI JORONG SAWAH KAREH NAGARI BALIMBING MENURUT FIKIH MUAMALAH
Nini Zulhanif;
Afrian Raus
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 2, No 2 (2021)
Publisher : Institut Agama Islam Negeri Batusangkar
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DOI: 10.31958/jisrah.v2i2.4332
This paper examines the practice of implementing the Muzara'ah contract agreement in Jorong Sawah Kareh Nagari Balimbing. The purpose of this article is to find out and explain the practice of implementing the Muzara'ah contract in Jorong Sawah Kareh Nagari Balimbing in terms of three aspects, namely the implementation time limit, the form of profit sharing and ownership status according to Muamalah Fiqh. The results of the field study with data obtained from five groups of residents who carried out this muza'raah collaboration, the results obtained were that first; in terms of time limits, there is an implementation of the agreement that is not in accordance with the fiqh muamalah theory because when two groups cooperate and one of the parties dies, the muzara'ah agreement does not end. Second; in terms of profit-sharing, there are still cultivators who take the share of the land that should have been when one group that made the agreement dies, the contract and profit-sharing also end. However, the reality on the ground is that cultivators are still taking produce from the land. This is not in accordance with the concept of sharing the results of muzara'ah, unless it is then carried out with the concept of profit sharing on the basis of consensual agreement between the heirs of the land owner and the cultivators in the future. Third; viewed from the case of the concept of ownership status, land in the form of this cooperation belongs to imperfect property because land ownership is only in terms of the use of the object or its benefits. However, in practice there are groups who when the first party (land owner) dies and there is no stipulation on the expiration date of the muzara'ah in the agreement, assumes that he is the owner of the plant and still benefits from the land.