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Jurnal Integrasi Ilmu Syariah (Jisrah)
Published by Institut Agama Islam Negeri Batusangkar
ISSN : 27751783     EISSN : 27753557     DOI : 10.31958
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 17 Documents
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Search results for , issue "Vol 4, No 1 (2023)" : 17 Documents clear
KEWAJIBAN BAKO MENAFKAHI ANAK SETELAH AYAH WAFAT: STUDI TENTANG NAFKAH DI KECAMATAN SUNGAI TARAB Dheana Permata Sandy; Khairina Khairina
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9344

Abstract

This research examines how the obligation of bako to support children whose father has died in Minangkabau, how is the view of Islamic law towards the obligation of bako to provide for children whose father has died in Sungai Tarab District. The purpose of this research is to find out the obligation of Bako to provide for children whose father has died in Minangkabau and to find out how Islamic law views the obligation of Bako to provide for children whose father has died in Sungai Tarab District. This type of research is field research. Data collection was carried out through interviews with respondents, namely niniak mamak, religious scholars, cadiak clever and bundo kanduang in Sungai Tarab District, the form of interviews used was semi-structured interviews. Data processing is done by analyzing the data using descriptive qualitative analysis techniques. The data analysis technique that the writer uses is Data Reduction, Data Presentation, and Conclusion Drawing. The responsibility of the father's family to provide for the child after the father dies in Sungai Tarab Subdistrict, as stated in article 104 of the Compilation of Laws which reads "If the father has passed away, the cost of breastfeeding shall be borne by the person who is responsible to the father or his guardian." A living must be given to children who have not been able to work to meet their own needs, especially for children who are still babies or are still breastfeeding, even though the father's family has provided for the child but does not meet their needs because they do not routinely provide a living, especially for the father's family which does not provide for the child at all even though the child has tried asking for a living, it can be seen that the responsibility or obligation of the father's family to provide for the child after the father dies is not by Islamic law.
MATERI MUATAN UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL DITINJAU DARI ASAS-ASAS PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DAN SIYASAH DUSTURIYAH Yossy Deslavia; Ulya Atsani; Hebby Rahmatul Utamy
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9346

Abstract

The purpose of this study is to explain the principles for forming laws and regulations and explain the contents of the TPKS Law from the view of Siyasah Dusturiyah in the formation of the TPKS Law. The type of research used in this research is normative juridical research. The approach taken uses regulatory analysis based on primary legal material by examining theories, concepts, legal principles, and laws and regulations related to the process of forming the TPKS Law, which originate from the 1945 Constitution. This research shows that the principles the principle of forming statutory regulations used in the formation of the TPKS Law are not by the four principles of Formation of statutory regulations, namely: seen from the principle of conformity between types, hierarchies, and content material, it is not appropriate and is considered contrary to Article 29 of the 1945 Constitution. In the view of Siyasah Dusturiyah, in this case, it explains that the rules that are made should aim for benefit, but in the content material of Article 4 paragraph (2) letters d and h, when viewed from the principles of forming legislation, in terms of siyasah dusturiyah, several principles are not according to them, namely: first: the principle of conformity between types, hierarchies, and content material, second: the principle can be implemented, third: the principle of clarity of formulation and fourth: the principle of efficiency and effectiveness
TINJAUAN SIYASAH DUSTURIYAH TERHADAP PEMBERHENTIAN PERANGKAT NAGARI OLEH WALI NAGARI DI NAGARI BARULAK BERDASARKAN PERDA KABUPATEN TANAH DATAR NO 5 TAHUN 2018 Hesti Julianti Saputri; Emrizal Emrizal; Saadatul Maghfira; Dian Pertiwi
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9349

Abstract

The problem in writing this thesis is to examine the rules regarding procedures or rules for dismissing nagari officials. The purpose of this research is to find out and explain the mechanism for dismissing the nagari apparatus by the Wali Nagari and to find out and analyze the siyasah dusturiyah review of the dismissal of the nagari apparatus. To answer the object of study in this study, the authors use the type of normative legal research or (Library research), namely research that explores law as norms, rules, legal principles, legal principles, legal doctrine, and legal theory. Therefore, this research was conducted by examining library materials to answer legal issues regarding the nagari dismissal system carried out by the Wali Nagari in Nagari Barulak and the perspective of fiqh siyasah dusturiyah through data obtained from the literature. This normative legal research uses a qualitative typology, namely a literature search which is analyzed and described in a comprehensive manner related to the dismissal system of the nagari apparatus carried out by the Wali Nagari in Nagari Barulak. The results of this study: nagari devices that have been determined by the rules. A review of siyasa dusturiyah fiqh in the topic of study Siyasa Qadha'iyah emphasizes that leaders should supervise and guarantee the implementation of statutory values in the community sphere. However, the Wali Nagari Barulak as the leader has made a decision that has violated the law. As well as indirectly his actions have violated the values or mandate of the Al-Quran and the Prophet's Hadith regarding justice and leadership principles.
PERJANJIAN PO BUS DENGAN PIHAK RUMAH MAKAN BAREH SOLOK KOTA SOLOK MENURUT FIKIH MUAMALAH (Studi Kasus Di Kota Solok Kabupaten Solok) Riski Fajri; Afrian Raus
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9350

Abstract

The The subject matter of this research is how the practice of agreement between PO and Bareh Solok Restaurant in Solok City and how the Muamalah Jurisprudence Review of the Practice of PO Agreement with Bareh Solok Restaurant in Solok City. While the purpose of this study is to find out how the practice of agreements between PO and Bareh Solok Restaurant in Solok City and to find out how the Muamalah Jurisprudence Review of the Practice of PO Agreements with Bareh Solok Restaurant in Solok City. This type of research is field research which is descriptive in nature with a qualitative approach, namely research that uses events and phenomena that occur in the field. As a primary data source, namely direct interviews with the owner of the houseamakanbarehsolok and PO Bus, while secondary data sources are books, journals, research results related to the author's study. The data collection technique used in this research is interview. Data analysis techniques with trigulation. The results of this study are how the practice of the agreement between PO and Bareh Solok Restaurant in Solok City. The practice of this agreement is that the five Po Buses came to the bareh solok restaurant to be able to do this cooperation. This agreement is not written, it is only done verbally, where this bus PO offers the bareh solok makn house for the driver and driver to eat at the restaurant and drink for free because he brings passengers who eat there. Many of these buses carry many passengers who eat there. So the restaurant agreed to an agreement whereby the restaurant provided tables for the drivers and crew to eat sopi. The driver who eats there is free but is taken from the passengers who eat there. The normal price of one person eating there is Rp. 15,000 but passengers from this bus cost Rp. 20,000 while the Muamalah Jurisprudence Review of the Practice of PO Agreement with Bareh Solok Restaurant, Solok CityThis review is based on the author's analysis that this agreement is in accordance with muamalah fiqh because in surah an-nisa verse 29, this restaurant is willing or consensual between the PO bus and the restaurant because this is one form of promotion from the restaurant, many buses that bring passengers also earn from this restaurant.
FENOMENA AL-LIWATH DALAM PARADIGMA (FILSAFAT PANCASILA) SILA KETUHANAN YANG MAHA ESA DAN KONSEP HUKUM ISLAM Mesri Wahyuni; Zulkifli Zulkifli
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9351

Abstract

This study examines the phenomenon of al-liwath in the paradigm (Philosophy of Pancasila), the Precepts of the Almighty Godhead, and in Islamic Law. The problem is whether or not liwath contradicts the first pancasila, violates pancasila or not and aims to find out the legal position of al-liwath in terms of Islamic law. From these problems arises the question of how the Philosophical View of Pancasila, the First Precept on the al-liwath Phenomenon in Indonesia and how the Islamic Law View on the al-liwath Phenomenon. This research is library research. Data is obtained through secondary sources (data) with primary material. After the data is collected, it is processed by reviewing with the author's research. Next, the data is narrated descriptively. The results are discussed with the theories put forward. The study found that Pancasila serves as the highest source of law in Indonesia. Indonesia does not allow behavior that is contrary to the noble values of Pancasila, because the Unitary State of the Republic of Indonesia is a legitimate state based on Pancasila and the 1945 Constitution. All people of the Unitary State of the Republic of Indonesia have faith and devotion to God Almighty by adhering to moral and ethical values, noble morals, and noble national personality. In Islamic law, Allah Almighty forbids all unnatural actions because it has wisdom that is very beneficial for humans in thinking. Liwath or homosexual acts are forbidden by sharia and are more heinous than adultery. The punishment for homosexuality is dissenting among jurisprudence scholars, among others: Absolute Suicide, Sanction Equivalent to Zina and Subject to Ta' zir Law.
PENYALAHGUNAAN KEWENANGAN OLEH PEJABAT PEMERINTAH DALAM PASAL 10 AYAT (1) HURUF E UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN Resti Khairunnisa Fitri; Dian Pertiwi; Saadatul Maghfira; Dodon Alfiander
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9352

Abstract

: This study examines the abuse of authority committed by Government Officials, in this case the Head of the Tanah Datar Regency Koperindag Office for the 2019 Period. This research is a Library Research research. The researchers' secondary data sources are taken from Law Number 30 of 2014 concerning Government Administration and books related to research. The results of the research obtained by the author are that the former Head of the Koperindag Office of Tanah Datar Regency for the 2019 period allegedly violated Article 10 Paragraph (1) Letter e of Law Number 30 of 2014 because he had abused his authority in this case based on the source of attribution authority regarding a bribery case with a contractor of the X Koto market construction project, Tanah Datar Regency. According to Siyasah Dusturiyah, Government Officials fall within the scope of Wizarah Tanfidz. Islam forbids any abuse of authority by Government Officials because Allah forbids bribers and bribes in legal matters
PERLINDUNGAN HUKUM TERHADAP HAK WARGA NEGARA DALAM KARYA BUKU ELEKTRONIK (E-Book) Laylia Selsi Qodri Gusti; Elsy Renie; Zainuddin Zainuddin; Siska Elasta Putri
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9353

Abstract

This study examines the legal protection of citizens' rights in electronic book works (e-books), there are still many violations of citizens' rights in the form of piracy of electronic book works (e-books). The problem is the regulation given by the state to the legal protection of citizens' rights in electronic book works (e-books) so that electronic books (e-books) are perfectly protected and the government's role in the legal protection of citizens' rights in electronic book works (e-books). This research is library research. Data and materials are obtained through reading, citing books, researching, analyzing documents, news on the internet and laws related to discussion. After the data / material is collected, it is processed in a descriptive qualitative way and analyzed in a deductive. This study found that existing laws and regulations have not protected electronic books (E-books) as a whole, so changes are needed so that electronic books (e-books) can be perfectly protected.
DISHARMONISASI PERATURAN BUPATI TANAH DATAR NOMOR 10 TAHUN 2021 TENTANG PEDOMAN TEKNIS PERATURAN DI NAGARI DENGAN PERATURAN DAERAH PROVINSI SUMATERA BARAT NOMOR 7 TAHUN 2018 TENTANG NAGARI Nesti Rahmadani; Sulastri Caniago; Roni Efendi
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9356

Abstract

This study examines the disharmonization between Tanah Datar Regent Regulation Number 10 of 2021 concerning technical guidelines for regulations in Nagari and West Sumatra Province Regional Regulation Number 7 of 2018 concerning about Nagari. The problem is the Regent regulation does not pay attention to the procedures, order, and hierarchy of laws and regulations, internal factors violate the principle of laws and regulations, namely the principle of “Lex Superior Derogat Legi Inferiori”. The Regent Regulation should guide or adjust to the updated Regional Regulations and display the old regulations. From these problems arise the question of factors causing disharmonization. This research is a field research data obtained through interviews with the legal bureau section of the Tanah Datar Regent office then the data is narrated descriptively. Results are discussed with the theories put forward. This study found that it has violated the rules of blinding laws and regulations, namely the hierarchy of legislation as explained in Law Number 15 of 2019 concerning the Establishment of Laws and Regulations.
INKONSISTENSI PERATURAN BUPATI KABUPATEN TANAH DATAR NOMOR 48 TAHUN 2020 TENTANG PENERAPAN DISIPLIN PROTOKOL COVID-19 DENGAN ASAS PEMBUATAN PERUNDANG-UNDANGAN DAN HUKUM TATA NEGARA ISLAM Nori Tiara Andika; Saadatul Maghfira; Zainuddin Zainuddin; Nurhikma Nurhikma
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9357

Abstract

This study examines the inconsistency of Tanah Datar District Head Regulation Number 48 of 2020 concerning the application of the Covid-19 protocol discipline with the principles of making legislation, both formal principles, namely: the principle of applicability and material principles, namely: the principle of openness, the principle of legal certainty. The two causative factors that influence the existence of inconsistency include the following internal factors: age factor, habit factor while external factors are as follows: educational factor, economic factor and work. The application of the Tanah Datar District Head's regulation Number 48 of 2020 concerning the application of the disciplinary protocol for the Covid-19 is not in accordance with the constitutional law of the Islamic state. Because in Islamic constitutional law it has been explained how the concept of implementing Islamic shari'ah is for us to obey the rules that have been made by the rulers or the government. However, in reality the community does not comply with the Tanah Datar District Regent Regulation Number 48 of 2020 concerning the application of the co-19 protocol discipline.
FENOMENA BERBURU BABI STUDI TENTANG KEHARMONISAN DI NAGARI LIMO KAUM KAB. TANAH DATAR Sari Purnama; Nofialdi Nofialdi; Deri Rizal
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 4, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v4i1.9358

Abstract

The main problem in this thesis is the implementation and impact arising from hunting pigs on household harmony from the perspective of Islamic family law in Nagari Limo Kaum Kec. Lima Kab. Tanah Datar. The type of research used is field research with qualitative methods. The research results that the authors found were; First, the phenomenon of hunting pigs in Jorong Kubu is generally carried out twice a week. Initially, the purpose of hunting pigs was to eradicate pig pests that disturbed farmers' agricultural land and to become a sporting event. But at this time pig hunting is done because it's just a hobby. Second, negative impacts are caused such as reduced time for family gatherings, lack of attention to wife and children, starting to neglect obligations to his wife's children, insufficient family living needs, then frequent quarrels in the household. Third, the analysis of household harmony that hunts pigs in Jorong Kubu Rajo is the disruption of family functions to become a harmonious family.

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