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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<![CDATA[URGENSI CONSTITUTIONAL COMPLAINT SEBAGAI KEWENANGAN MAHKAMAH KONSTITUSI PRESPEKTIF SIYASAH DUSTURIYYAH ]]>
<![CDATA[Suci Ramadani]]>;
<![CDATA[Hidayati Fitri]]>;
<![CDATA[Bustamin Bustamin]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.6822
<![CDATA[The constitutional rights of citizens are protected in Articles 27 to 34, the right to work, the right to freedom of opinion, the right to religion, the right to education, and the right to social welfare. Meanwhile, in the siyasah dusturiyyah, there is an institution that cooperates with the constitutional complaint, namely the al-madzalim institution which is an institution tasked with adjudicating the arbitrariness of the rulers against their people as well as rulers who injure the rights of citizens. Therefore, it is very important to be given the authority in the form of constitutional complaint at the Indonesian Constitutional Court.]]>
<![CDATA[KEDUDUKAN KESEPAKATAN DAMAI SETELAH PUTUSAN VERSTEK DALAM PERKARA CERAI GUGAT MENURUT HUKUM ACARA PERDATA (STUDI ANALISIS PERKARA NOMOR 213/Pdt.G/2018/PA.Slk) ]]>
<![CDATA[M Nursalim Yahya]]>;
<![CDATA[Khairina Khairina]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.6825
<![CDATA[The purpose of this study was to analyze the considerations of the Solok Religious Court for ratifying the peace agreement letter from the plaintiffs and defendants in order to end the process against case number 213/Pdt.G/2018/PA.Slk which was decided verstek even though the decision was not yet legally binding and Verzet legal action should be taken by the Religious Court. The type of research in this writing is field research and analyzed descriptively qualitatively. The results in the study are first, the process of making a peace agreement between the parties in case number 213/Pdt.G/2018/PA.Slk is that the parties came to the Solok Religious Court by stating their desire to make things better and not wanting to divorce. Second, the consideration of the Solok Religious Court to accept the peace agreement letter is that the amicable certificates of the plaintiffs and defendants can be accepted on the grounds that the case has not yet been legally binding (BHT so that the defendant does not need to take legal action against verzet by keeping in mind the principles of simple, fast and low cost). Third, the review of the civil procedural law on the peace statement made by the parties is that the peace that occurs outside the trial is binding on the two parties who make peace.]]>
<![CDATA[ARGUMENTASI YURIDIS PEMBERLAKUAN HUKUM KEPERDATAAN ISLAM DI INDONESIA ]]>
<![CDATA[Natardi Natardi]]>;
<![CDATA[Doli Witro]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.6725
<![CDATA[The configuration of law enforcement in the religious courts has simply been implemented. When he has to deal with the law as a product of politics and the law as a product of fiqih studies, the choice is quite delegative. On the one hand, it meets the demands of empirical reality from the institutionalized wheel of life, while on the other hand, it goes hand in hand with the signalization text of the muqasid sharia. Although the work of the scholars as stated in the Compilation of Islamic Law (KHI) can be said to be a monumental work, it is still an outline that is impossible to complete in deciding every case faced. Therefore, this article discusses the implementation of Islamic civil law in Indonesia which is considered very appropriate to be applied to Muslims, without disturbing the national legal system and disturbing other people. This article aims to highlight the importance of implementing Islamic civil law in Indonesia with juridical arguments. The results of the analysis show that juridically in the current reform era, the implementation of Islamic civil law in Indonesia has shown a bright spot where many products of legislation related to it have been produced and practiced by Muslims. Based on MPR RI Decree Number IV/MPR/1999 concerning GBHN 1999-2004, Chapter IV, letter A, point 2, the implementation of Islamic civil law in Indonesia is the state’s obligation to uphold the rule of law (law enforcement). In practicing Islamic civil law by Muslims in Indonesia, there are still many obstacles and obstacles. Even though the rule of law has become a state decree, some individuals are not happy with Islam using this issue as one of their political motives.]]>
<![CDATA[RELASI AGAMA DAN NEGARA (RESPON TERHADAP POLITIK HUKUM ISLAM DI INDONESIA) ]]>
<![CDATA[Amrin Amrin]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.5530
<![CDATA[This article aims to examine the relationship between religion and the state in responding to the politics of Islamic law in Indonesia. The research method uses descriptive qualitative research with literature studies aimed at examining primary data, namely laws, similar regulations, journals, books, and other sources related to research problems. The research approach is social legal research. The technique of data collection with literature study with data analysis with qualitative descriptive methods. The results of the study show that Indonesia is not a religious state but religion is one of the most important elements, so that the relationship between religion and the state has implications for the positivization of Islamic law into national law as a form of state manifestation as a unit that cannot be separated from religious life which is symbiotic- integralistic, by giving birth to a product of Islamic law as a national law until it remains valid. so as to provide harmony, peace, in the life of religion, nation and state is achieved and remains sustainable.]]>
<![CDATA[RELASI PRANATA LINGKUNGAN DENGAN LINGKUNGAN HIDUP PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Rifqi Nurdiansyah]]>;
<![CDATA[Ike Yulisa]]>;
<![CDATA[Doli Witro]]>;
<![CDATA[Syamsarina Syamsarina]]>;
<![CDATA[Zaenab Tri Lestari]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.6726
<![CDATA[Every human being is a caliph whose role is to provide prosperity for other humans and care for and maintain the environment they inhabit. Islamic teachings have regulated it; so that the principles of life as the main tasks and functions of humans must be following Islamic instructions. This article discusses the relationship between environmental institutions, the environment, and Islamic law and initiates an excellent social life in the view of Islam. This article aims to highlight the relationship between environmental institutions, the environment, and Islamic law. This article uses qualitative research methods that are literature review. The data in the articles are obtained from library materials such as books, articles, etc. related to environmental institutions, the environment, and Islamic law. The data analysis technique used in this article is the qualitative data analysis technique of Miles et al. namely data condensation, data presentation, and drawing conclusions. The results of the analysis show that environmental institutions are closely related to Islamic law, namely that Islam has given rules and assignments to humans to become caliphs on earth to manage nature as well as possible, in accordance with the rules that have been explained in the Koran and the rules regarding nature or the environment that made by humans themselves without violating what has been determined by God. Preserving the environment can be done by empowering as best as possible, the full environmental empowerment system in Islam that emphasizes the public benefit.]]>
<![CDATA[PERALIHAN HARTA PUSAKA TINGGI MENURUT HUKUM ADAT DAN HUKUM ISLAM (Studi Kasus di Jorong Nan IX Nagari Salimpaung) ]]>
<![CDATA[Arizon Ridwan]]>;
<![CDATA[Zulkifli Zulkifli]]>;
<![CDATA[Amri Effendi]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.4946
<![CDATA[This study examines the transfer of high inheritance according to customary law and Islamic law in Jorong Nan IX Nagari Salimpaung. Using a qualitative approach, this study found that the factors that caused the transfer of high inheritance in Jorong Nan IX Nagari Salimpaung were members of the clan who wanted to build a house on high inheritance; there is one people whose descendants are almost extinct; clan members fight over high heirlooms; Members of the clan do not want to rotate the high inheritance until problems arise, even to the point of being physically involved in fighting over it. According to customary law, the transfer of high inheritance in Jorong Nan IX Nagari Salimpaung is considered wrong because it violates existing customary rules. Meanwhile, in terms of Islamic law, the transfer of high heirloom assets by dividing them into private property for members of the clan and being taken over into the private property of Tungganai which occurred in Jorong Nan IX Nagari Salimpaung is considered permissible. The actions of a Tungganai include Istihsan bi al-Maslahah, namely taking advantage and rejecting harm.]]>
<![CDATA[TITIK TEMU ANTARA VOTING DAN SYURA DALAM PEMILIHAN PEMIMPIN DI INDONESIA PERSPEKTIF HUKUM TATA NEGARA ISLAM ]]>
<![CDATA[Srimadona Srimadona]]>;
<![CDATA[Sulastri Caniago]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.6821
<![CDATA[This article discusses the position of voting and shura based on constitutional concepts in Indonesia and Islam and how the meeting point between voting and shura in the election of leaders in Indonesia from the perspective of Islamic constitutional law. Using a qualitative approach, this study finds that in a country that adheres to a democratic political system, voting is used to make very important state decisions, such as to elect representatives of the people or to elect a new leader. Voting can be done if consensus is not reached then it can be done by voting (voting). In Islam, shura means deliberation where decisions have to be made in deliberation. In Indonesia, shura is contained in the 4th principle of Pancasila which reads "The people are led by wisdom in deliberation/representation". that deliberation is a typical procedure for the Indonesian personality to formulate or decide a matter based on the will of the people. In the election of leaders, voting and shura are both used in decision making in determining a choice. Voting is actually a deliberation because before voting there is a deliberation so that the results of the decision can be approved by all members of the deliberation. Islam knows Shura and Islam also recognizes voting, the proof is that during the reign of Umar bin Khatab there was decision making through voting because there was no mutual agreement among members of the deliberation. Voting takes place in the settlement of the Sawad land case in Iraq.]]>
<![CDATA[FORMULASI FRASA PENCEMARAN NAMA BAIK PADA PASAL 27 AYAT (3) UNDANG-UNDANG NOMOR 11 TAHUN 2008 BESERTA PERUBAHAN PERSPEKTIF FIQH SIYASAH DUSTURIYAH ]]>
<![CDATA[Artha Prima Putra]]>;
<![CDATA[Sudi Prayitno]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.6824
<![CDATA[This article discusses how the formulation of the phrase defamation in Article 27 Paragraph (3) which does not explain what kind of act that leads to defamation is so that this phrase has a very broad meaning and is considered by the community and various circles as a rubber article with multiple interpretations. Several cases that occurred in Indonesia in Article 27 Paragraph (3) gave rise to the diversity of judges in making decisions. This article is a library research using a normative legal approach. This study finds that when viewed in Islamic law the main goal is to form laws to enforce justice and order in society. This justice has also been explained in Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 concerning the Establishment of Legislation in Article 6 letter g. Defamation in Islamic law is termed tajassus (finding other people's faults), tahassus (eavesdropping on people's conversations), ghibah (gossip), fitnah (fake news) because of the similarity of illat. ]]>
<![CDATA[MEMPERGILIRKAN HARTA WARISAN DI NAGARI TARAM PRESPEKTIF HUKUM ISLAM ]]>
<![CDATA[Ramadhani Ramadhani]]>;
<![CDATA[Zainuddin Zainuddin]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.4947
<![CDATA[This study examines the distribution of inheritance in rotation. The problem is that the inheritance is not distributed individually to the heirs, but the heirs only take the proceeds from the inheritance, and if the male heir dies, the right of turn is removed, but if the female heir dies, the right of turn is continued by his son. From these problems, questions arise about how the process of implementing the rotation of inheritance in Nagari Taram is and how to review Islamic aristocratic law on the implementation of rotation of inheritance. This research is a field research. The data were obtained through interviews with respondents and documents of inheritance, then the data were narrated descriptively. The results are discussed with the proposed theories. This study found that the rotation of inheritance is a community tradition that has been going on for quite a long time, the types of assets that are rotated are rice fields, gardens, and livestock (cows). Based on Islamic inheritance law, rotating inheritance in Nagari Taram is not in accordance with the provisions of Islamic inheritance contained in Surah An-Nisa 'verse 11-12 and the principles in Islamic inheritance law. This verse explains that inheritance must be distributed according to the share of each heir, while the tradition of rotating inheritance in Nagari Taram the heirs do not know how much each heir is entitled to receive. And children of heirs who have died are not entitled to a turn, because grandchildren are veiled by children.]]>
<![CDATA[EFEKTIVITAS PELAKSANAAN UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DI NAGARI SIBARAMBANG ]]>
<![CDATA[Agusman Agusman]]>;
<![CDATA[Elimartati Elimartati]]>
<![CDATA[ Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/jisrah.v3i2.6860
<![CDATA[Marriage after the marriage contract hopes to get peace, happiness. Underage marriages are marriages carried out under the age of 19. Law No. 16 of 2019 article 7 paragraph (1) "Marriage is only permitted if the man and woman have reached the age of 19 years.". then the author also found that there were many divorced couples in Nagari Sibarambang after law number 16 of 2019 was passed. The purpose of changing the law is to suppress divorce. Based on this phenomenon, the author is interested in researching this problem in the form of a thesis entitled "The effectiveness of the implementation of Law Number 16 of 2019 amendments to Law Number 1 of 1974 concerning Marriage in Nagari Sibarambang, District X Koto Above, Solok Regency)". The type of research in this research is field research using a qualitative descriptive approach. The results of this study show that the implementation of law number 16 of 2019 concerning marriage have not been effective even though socialization has been carried out, this is not all people know about changes to the law, the nagari guardian is only as capable as possible in providing information. It can be seen that there are still many people who carry out underage marriages, they think they are still using the old law, namely Law No. 1 of 1974.]]>
