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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 160 Documents
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ABORTION IN INDONESIA ON POSITIVE LAW AND MASLAHAH THEORY PERSPECTIVE Sakti, Rindy Kumala; Shodiq, Ja'far; Isnaini, Enik
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 2 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i2.12963

Abstract

Abortion is a social phenomenon that is increasingly concerning, this study seeks to answer the question, how the legal regulation of abortion in Indonesian positive law and how the analysis of maslahah against abortion. This research is a normative legal research using statutory approach and conceptual approach, namely the theory of maslahat. The results concluded, first; the act of abortion is prohibited and threatened with criminal penalties as mentioned in articles 299, 346, 347, 348 and 349 of the Criminal Code. However, under certain conditions, such as medical emergencies, abortion is allowed. This is mentioned in articles 31, 32, 33 and 34 of Government Regulation (PP) No. 61/2014 on Reproductive Health. Second, the prohibition and permissibility of abortion is in line with maslahat theory, abortion is prohibited because it can cause damage and abortion is allowed due to emergency conditions.
Dispute Resolution in Marriage Customs: Cultural and Sharia Approaches in the Malakok Tradition in Minangkabau Putri, Wahyuni; Zulkifli, Zulkifli; Effendi, Amri
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13745

Abstract

The main issue in this thesis is to explain the resolution of marital conflicts among non-malacok couples in Nagari Bungo Tanjuang. This field research aims to understand and describe the process of conflict resolution and the impacts of such resolutions in marital conflicts among non-malacok couples in Nagari Bungo Tanjuang. The findings of this research indicate that the forms of marital conflicts among non-malacok couples in Nagari Bungo Tanjuang include visible conflicts such as economic factors, differences in opinions, lack of mutual respect, interference from in-laws, and domestic violence. The reason they do not engage in malacok is due to the high adat costs, amounting to 3,000,000 IDR, which only covers the adat money; further costs will follow for the malacok process. The resolution method employed is non-litigation, using family-based and customary approaches. The impact of this resolution, however, is the dissatisfaction among the conflicting parties, as no peaceful resolution was achieved as expected, which further worsens the relationship, leading to separation, either through living apart or an informal divorce. This situation negatively affects the obligations between husband and wife as well as the children. Despite the application of several resolution models in the marital conflicts, the conflicts did not result in a satisfactory solution, thus not ensuring the resilience of the marriage.  
Customary Intervention in Marriage Prohibition: A Study of the Prohibition of Abstinence Marriages in Nagari Singkarak and Nagari Saniangbaka, X Koto Singkarak Subdistrict Nabila, Dila; Eficandra, Eficandra; Zulkifli, Zulkifli
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13742

Abstract

The main problems in this study are the background of the ban on matrimony and the public's views on the ban and the impact of a ban on marriage between the children of Nagari Singkarak and Nagari Saniangbaka in the Prespective of Islamic Law. The purpose of this research is to know and understand the background and public view of the Ban on Marriage and the Impact of a Ban on Matrimony between Nagari singkarak's children and the Prespektive of the Law of Islam. The type of research used is field research with the method used is a qualitative approach. The primary sources of data in this study are local scholars, perpetrators who violated the prohibition of marriage and who cancelled marriage, Niniak mamak party who violates the prohibited marriages, Civil Rights of Nagari (KAN), Wali Nagari Singkarak and Saniangbaka, Parents/Families who violate the forbidden marriage. The data collection technique used in this study is the interview. The data analysis technique in this research is the reduction of data, the display of data and conclusions or conclusions. This research found results that first, the background of the occurrence of the ban on marriage suspension between Nagari Singkarak and Nagari Saniangbaka's children because of the oath of the ancestors that they said they had a brotherly relationship because of an oath that was set so that they could not make marriage. In the case of a marriage ban, there are two reasons why people accept the rule of the ban because they believe in the absolute provisions of the ancestral oath that they are brothers and sisters so that marriage is not permitted. Some people do not accept this ban because it is contrary to Islamic law. Second, the effect of this ban is two, namely: a. the cancellation of marriage due to the ban on marriage. b. the existence of a series marriage carried out by the community because it did not get permission from the people, the elders and the government. Seeing from the perspective of Islamic law, this prohibition of marriage is more harmful than beneficial, so it can cause forbidden acts.
Realizing Justice in Agricultural Practices in Islamic Law: A Study of Hybrid Contract in Gulo Onou Production Rahmat, Aditya; Yunarti, Sri; Warman, Arifki Budia
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13746

Abstract

This study analyzes the practice of contracts and the distribution of income in the production of Gulo Onou in Nagari Batu Bulek from the perspective of fiqh muamalah. The study aims to answer the research questions regarding the practices of contracts and income distribution in the production of Gulo Onou in Nagari Batu Bulek and how fiqh muamalah analyzes these practices. Through field research with interviews, it was found that the cooperation between the owner of the Onou tree and the caretaker of the Onou tree met the conditions of the Musaqah contract. This includes the involvement of two parties—the owner of the Onou tree and the caretaker—an oral agreement, and the object of the contract, which is the Onou tree. The musaqah practice in question is a contract in which the landowner hands over the land to be managed by the caretaker. The income from the production of Gulo Onou is shared according to the mutually agreed terms, which are 40% for the landowner and 60% for the caretaker. A problem arises during the fourth harvest when the landowner requests an equal division, but the caretaker disagrees, feeling that the new arrangement is unfair. Based on the fiqh muamalah analysis, the caretaker is entitled to a larger share of the income because they contribute more in terms of labor, which justifies a higher reward. Therefore, the implementation of income distribution in the cooperation between the landowner and the caretaker in the production of Gulo Onou is in accordance with fiqh muamalah and permissible in Islam, as it fulfills the principles of justice in the contract and profit-sharing.
The Dynamics of Single Parent Family Resilience: An Islamic Family Law Approach and Sociological Analysis Putri, Shindy Qorti; Putri, Siska Elasta; Nofrianti, Mami
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13744

Abstract

The primary issue addressed in this study is the impact of the lean season, which significantly reduces rice field yields. The study aims to explore the strategies employed by single-parent families in Nagari Pagaruyung who work as farmers to maintain family resilience, along with the supporting and hindering factors in this effort. The research utilizes a qualitative approach with a phenomenological method. Data collection is conducted through interviews and documentation, supported by source triangulation, which involves asking the same questions to multiple informants. The findings reveal that single parents in Nagari Pagaruyung adopt various strategies to sustain family resilience, including diversifying their jobs, with farming being one of them. During the lean season, they undertake additional measures such as seeking alternative income sources, utilizing savings, and borrowing money from relatives. The driving factors for these families include affection for their children and intrinsic motivation within the family. On the other hand, the inhibiting factors include economic challenges and the difficulty of balancing time between work and children
Ethical Violations Of Constitutional Judges: Study Of The Decision Of The Honour Panel Of The Constitutional Court (MKMK) Number : 2/MKMK/L/11/2023 Hanifah, Hanifah; Zainuddin, Zainuddin; Maghfira, Saadatul; Efendi, Roni
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13750

Abstract

This study examines the urgency of a code of ethics for Constitutional Court judges, the dichotomy of ethical considerations in the Honorary Council of the Constitutional Court's (MKMK) Decision Number: 2/MKMK/L/11/2023, and the considerations underlying this decision. Using a normative juridical approach through literature review, the research explores ethical violations by Constitutional Court judges based on sources such as books, journals, and online materials. The findings reveal that the code of ethics plays a crucial role in maintaining judges' independence, integrity, and professionalism. The MKMK decision separates ethical and legal aspects, emphasizing that ethical violations should not be equated with legal violations. In the case of Anwar Usman, a serious ethical breach led to his removal as Chief Justice of the Constitutional Court, although he was not dishonorably discharged as a judge. MKMK's considerations included legal facts, philosophical principles, and social impacts. This decision avoids legal uncertainty by imposing sanctions tailored to ethical, not legal, violations.
Rechtsvacuum in Regional Regulations: Addressing the Gap in Tanah Ulayat Governance Vena, Lymchya Nora; Yunarti, Sri; Octavia, Nurul Aini; Fitri, Hidayati
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13752

Abstract

The main issue discussed in this thesis is the rechtsvacuum in the protection of Tanah Ulayat rights in Nagari Palangki, Sijunjung District, and the implementation of West Sumatra Provincial Regulation No. 6 of 2008 in this area. The objective of this study is to explain and analyze the rechtsvacuum in the local government’s handling of customary land rights protection, as well as the application of the regulation regarding the utilization of customary land in Nagari Palangki. This research uses a field study approach with a normative and juridical-empirical analysis. The research findings indicate that a rechtsvacuum occurs when there is no regulation to address a specific case or event, creating uncertainty in the application of legal norms. In Nagari Palangki, the rechtsvacuum manifests in the lack of specific regulations regarding government buildings on customary land, leading to issues for future generations of the Kalumpang tribe, who are unable to clearly assert their rights. Furthermore, the implementation of West Sumatra Provincial Regulation No. 6 of 2008 has not been effective in Nagari Palangki. Based on the regulation, concrete steps to address this rechtsvacuum include the recognition of customary land rights, the formulation of local regulations, the empowerment of the Nagari community, and the resolution of land disputes.
Building Public Order through Siyasah Dusturiyah: The Role of Government in Preventing Illegal Street Racing Rahmadini, Rahmadini; Nurhikma, Nurhikma; Utamy, Hebby Rahmatul; Putri, Dewi
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13753

Abstract

Abstract: The main issue discussed in this thesis is the ongoing occurrence of illegal racing in Bukittinggi, which contradicts the Bukittinggi Regional Regulation No. 3 of 2015 on Public Order and Tranquility, specifically Article 10, letter a, which prohibits any individual from engaging in racing, speeding, or standing on the road without permission. The purpose of this research is to examine the form of law enforcement by the Civil Service Police Unit (Satpol PP) in addressing illegal racing in Bukittinggi and to analyze the perspective of *Siyasah Dusturiyah* on the authority of Satpol PP in enforcing Bukittinggi Regional Regulation No. 3 of 2015. This research is field research with a descriptive qualitative approach. Primary data sources include Civil Servant Investigators (PPNS) from the Bukittinggi Satpol PP and individuals involved in illegal racing activities. Secondary data sources include the local community around the illegal racing locations. The findings of this study show that Satpol PP’s efforts to combat illegal racing in Bukittinggi are in two forms. First, the pre-emptive law enforcement focuses on prevention through education and outreach activities conducted directly to the public and through media. Second, preventive law enforcement is aimed at preventing legal violations or criminal acts before they occur, such as conducting routine patrols in areas prone to illegal racing and collaborating with related institutions like the Police and the Department of Transportation. Viewed from the Siyasah Dusturiyah perspective, the authority of Satpol PP is relevant to the concept of Wilayatul Hisbah and Ulil Amri. Wilayatul Hisbah emphasizes the task of supervision and enforcement of goodness (amar ma'ruf) and the prevention of wrongdoing (nahi munkar). The enforcement of illegal racing regulations is a form of nahi munkar carried out by Satpol PP to ensure that public behavior remains within safe and lawful boundaries. This action by Satpol PP is in line with the principle of Ulil Amri, which stresses the importance of legitimate authority in maintaining public welfare and safety.
Juridical and Economic Analysis of Profit Margin Discounts in Murabahah Financing Early Settlement Habibah, Septiara Nur; Pertiwi, Dian; Arianti, Farida
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13748

Abstract

The purpose of this study is to explain the implementation of profit margin discounts at BSI KC Bukittinggi Sudirman 1 concerning DSN MUI Fatwa No. 23/DSN-MUI/III/2002 on Discounts for Early Settlement in Murabahah and DSN MUI Fatwa No. 153/DSN-MUI/VI/2022 on Early Settlement of Murabahah Financing Debt. This research is field research with a qualitative approach. Data were collected using interview and documentation techniques.  The research explores how the implementation of profit margin discounts in the early settlement of Murabahah financing is carried out at BSI KC Bukittinggi Sudirman 1, how BSI KC Bukittinggi Sudirman 1 responds to DSN MUI Fatwa No. 153/DSN-MUI/VI/2022 on Early Settlement of Murabahah Financing Debt, and what impacts arise from the implementation of DSN MUI Fatwa No. 153/DSN-MUI/VI/2022 on the practice of profit margin discounts at BSI KC Bukittinggi Sudirman 1. This study finds that the implementation of profit margin discounts in early settlement of Murabahah financing, as governed by DSN MUI Fatwa No. 23/DSN-MUI/III/2002 on Discounts for Early Settlement in Murabahah, differs from the implementation under DSN MUI Fatwa No. 153/DSN-MUI/VI/2022 on Early Settlement of Murabahah Financing Debt. Initially, the profit margin discount was permitted but became mandatory following the issuance of the second fatwa. BSI KC Bukittinggi Sudirman 1 responded positively to the second fatwa, although several impacts arose from its implementation based on DSN MUI Fatwa No. 153/DSN-MUI/VI/2022 on Early Settlement of Murabahah Financing Debt. 
Local Traditions in the Lens of Sharia: A Study of Manjua Julo-Julo Yuliana, Fitria; Iska, Syukri; Rizal, Deri
JISRAH: Jurnal Integrasi Ilmu Syariah Vol 5, No 3 (2024)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jisrah.v5i3.13749

Abstract

This study explores the practice of manjua julo-julo and provides an Islamic legal analysis of its implementation in Nagari Sungai Jambu, Pariangan District, Tanah Datar Regency. Employing a qualitative descriptive approach within field research, the primary data sources include four individuals directly involved in manjua julo-julo, while secondary data comes from three community leaders. The findings reveal that the manjua julo-julo practice within the community is categorized into two forms: first, julo-julo (labor exchanged for labor), and second, manjua julo-julo (labor exchanged for labor with the involvement of a third party). Prior to initiating agricultural cooperation, a mutual promise (wa'ad) is made among the farmer members involved in julo-julo and manjua julo-julo. These agreements utilize ijarah and shirkah contracts, specifically classified under syirkah abdan and ijarah. The practice of manjua julo-julo aligns with the principles of cooperation (syirkah) as it falls under shirkah abdan and meets the criteria for joint efforts, involving collaboration between rice field owners and workers. Furthermore, the implementation adheres to sharia principles, ensuring compliance with Islamic legal guidelines.

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