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NALAR FIQH: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
ISSN : -     EISSN : -     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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Menggagas Birokrasi yang Transparan dalam Pelayanan Publik Dedek Kusnadi
NALAR FIQH: Jurnal Hukum Islam Vol. 3 No. 1 (2011): Juni 2011
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v3i1.1263

Abstract

Public demand for more transparent public services increased along with governance reform, bureaucracy in the reformation era and the regional autonomy should realy emphasize the aspect of effeciecy, effectiveness, professialism, merit system, public servant. Trasparancy in the context of public service is an open, easy, and accessibl by all parties who need and available sufficiently and easy understood. Trasparancy bureaucracy in standart operation of public service is all the service activities undertaken by public service providers as an effort to fulfill the needs service recipients and implementation of legistation.
Urgensi Ijtihad Saintifik dalam Menjawab Problematika Hukum Transaksi Kontemporer Fauzi M
NALAR FIQH: Jurnal Hukum Islam Vol. 4 No. 2 (2011): Desember 2011
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v3i1.1264

Abstract

This article will discuss abaout the rational urgency to do scientific ijtihad to answer the legal issues of contemporary transaction and also perform scientific ijtihad basis and examples of scientific ijtihad in answering legal issues of contemporary transactions.
Gagasan, Tantangan dan Prospek Investasi Syari'ah dalam Pertarungan Politik Ekonomi Global Anzu Elvia Zahara T
NALAR FIQH: Jurnal Hukum Islam Vol. 4 No. 2 (2011): Desember 2011
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v4i2.1265

Abstract

Efforts towards the Islamic community that need to be mached by entering into the discourse of the Islamic financial market and derivatives instruments. In fact Islamic financial market in needed by muslim in Islamic investment activities for the prevention of gharar and riba. However, these financial instrument is still a lot of pros and cons among muslim figures. As to which badawis statement; The price meaning of gharar it self uncertain. The literature does not give us an agreed definition and scholars rely more in enumering, individual instance of gharar as substitute of precise definition of term.
Tinjauan Hukum Islam terhadap Pembagian Harta Warisan di Desa Lolo Hilir Kecamatan Bukit Kerman Kapubaten Kerinci Riko Pirman; Robi'atul Adawiyah; Sulhani Sulhani; Rasito Rasito; Tri Endah Karya Lestiyani
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1271

Abstract

This study aims to reveal a review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village, Bukit Kerman District, Kerinci Regency. This study uses a qualitative approach with data collection methods through observation, interviews, and documentation. Based on the research conducted, the results and conclusions are obtained that the review of Islamic law on the distribution of inheritance based on adat in Lolo Hilir Village is allowed for reasons that are justified by Islam and sharia, where women's morality is more responsible for their families. Therefore, the distribution of inheritance in Lolo Hilir Village is given the right to use for women, the inheritance can only be used and cannot be sold and property rights. Men cannot use it, but when the inheritance is sold, the man gets a share according to the agreement, but it is possible for the man to use the inheritance according to the agreement. In Islam, inheritance law is obligatory and the distribution has been regulated, but it can change due to certain circumstances and reasons. Over time, many women in Lolo Hilir Village have been able to work, so there are often conflicts over the distribution of this inheritance, but there has been a bright spot, the inheritance is distributed evenly, but if it is implemented something is not possible, then it is resolved by adat to uphold the welfare and justice of the people of Lolo Hilir Village.
Kaidah Keyakinan atas Keraguan dan Implementasinya dalam Urusan Pemerintahan Aulia Nurrosidha; Jihan Fahriyyah; Rafli Fadhil Fazran; Annas Alpiqri
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1272

Abstract

This paper produces an analysis of fiqh rules “al-yaqin la yuzal bi al-syak” and its implementation in government affairs. This study uses content analyst technique, on existing written data. This research finds that the description of the “al-yaqin la yuzal bi al-syak” fiqh method is that if someone has believed in a case, then what has been believed cannot be removed with doubt (things that are still in doubt). This rule emphasizes that a law that is based on belief cannot be influenced by doubts that arise later. Because before the doubt arose, he had believed in the validity of the taharah that had been done. Thus, this rule shows us the perfection of the Islamic religion that we love. If we apply this rule, then we will be more convinced that Islam is a religion that brings mercy to the universe.
Denda Adat Mengkhitan Anak Perspektif Hukum Islam (Studi di Desa Rambah Kecamatan Tanah Tumbuh Kabupaten Bungo) Riski Hariyadi; Kholil Syu'aib; Mustiah RH
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1273

Abstract

This study aims to find out specifically the phenomenon of customary fines for children circumcising in Rambah Village, Tanah Tumbuh District, Bungo Regency and review the perspective of Islamic law on this phenomenon. This research is library research and field research, data collection method using interview, observation, and documentation. Data analysis went through three stages, namely data reduction, data presentation, conclusion drawing and verification. This study found that the customary fine practice of circumcising children in Rambah Village occurred because in the process of children circumcising it was considered to have violated twenty laws. Therefore, children circumcision in Rambah Village is subject to sanctions in the form of paying customary fines, the fines are in accordance with applicable customs. In Islam, circumcision is a matter of fitrah, whether male circumcision or female circumcision, there is no argument regarding fines when children circumcising. However, holding walimah circumcision in any form, it is permissible.
Kelembagaan dan Operasionalisasi BUMDes Berbasis Syari’ah Perspektif Hukum Ekonomi Syari’ah Mohammad Hesim; M. Kamal Fathoni; Alhusni Alhusni; Muhammad Sibawaihi
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1287

Abstract

The purpose of this research is to find out about the institutional and operational system of BUMDes based on sharia. This research is also called normative-empirical research, because the focus of this research study is in the form of the concept of economic fiqh law/sharia economic law regarding BUMDes, rules and norms that are backgrounded by observations of phenomenology and field facts that occur. Phenomenology is an approach that seeks to enter into the world of meaning conceptualized in individuals or groups which is then manifested in the form of phenomena. The results of the study show that: 1) in carrying out the sharia-based BUMDes institutions, the thing that is considered by the village government and the community is maslahah al-mursalah which pays more attention to human welfare, especially the village community where the BUMDes is established in order to improve the quality of life of the community. 2) Operationalization of sharia-based BUMDes which is carried out on this sharia-based BUMDes is by using shirkah, ba'i, and mudharabah contracts. This is applied to every existing unit, and is very good to be a model for businesses that want to follow the sharia system in their operations.
Analisis Pertimbangan Hakim Pengadilan Agama Kelas 1 A Kota Jambi dalam Putusan No. 642/Pdt.G/2020/PA.Jmb tentang Perceraian Sebab Hypersex Muhammad Hilal Madeli; Illy Yanti; Sulaeman Sulaeman
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 1 (2022): June 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i1.1288

Abstract

In a marriage, things often happen that make the relationship tenuous and even lead to divorce. Divorce has various reasons, one of which is divorce due to hypersex/having sex out of the ordinary. Divorce case in Decision Number 642/Pdt.G/2020/PA.Jmb., in which the plaintiff reported the defendant because of disputes and quarrels between the two because one of the reasons the defendant has hypersex. Because of this report, the judge granted the plaintiff's request for divorce from the defendant, based on the law and the results of the judge's ijtihad. This study aims to reveal the judge's considerations in granting the plaintiff's lawsuit and explore the sources of law that are used as the basis by the judge in deciding the case. This research is a library research that focuses on the judge's decision and examines related books and adds interviews with the judge who decides the case. This study found that the basis for judges in making decisions is to use two legal instruments, namely statutory regulations and books of fiqh. Article 116 letter (e) Compilation of Islamic Law) which emphasizes that between husband and wife there are continuous disputes and fights and there is no hope of living in harmony in the household again. Then referring to the explanation of article 39 of Law no. 1 of 1974, one of the parties has a disability or illness which causes them to be unable to carry out their obligations as husband/wife, as well as the book Manhaj al-Thullab, page 346.
Perambahan Hutan Taman Nasional Kerinci Seblat (TNKS) dan Upaya Penanggulangannya dalam Perspektif Hukum Islam dan Hukum Positif Robi'atul Adawiyah; Devrian Ali Putra; Syamsu Hadi; Elvi Alfian; Nilam Sukmawati; Subhan Subhan
NALAR FIQH: Jurnal Hukum Islam Vol. 13 No. 2 (2022): December 2022
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v13i2.1298

Abstract

The problem raised in this study was the law enforcement against actors encroaching on TNKS forests. This study was to know the role of law enforcement officials and the law enforcement process against actors of TNKS forest encroachment, obstacles experienced by law enforcement officers. The research method uses a juridical-empirical research approach with qualitative data analysis. Based on the results of the research, the following conclusions: First, the cause of encroachment of the TNKS forest in Jangkat sub-district is due to economic factors, educational and factors of the number of law enforcement officers. Second, the role of law enforcement officers and the community in law enforcement which includes roles in preventive and repressive. Third, efforts that must be made to prevent and eradicate forest encroachment in Jangkat District are: (1). Improve the legal substance; (2). Improve supporting facilities; (3). Increase patrols; (4). Give more understanding to the community about the importance of protecting the forest.
Jinayat dalam Kasus Penganiayaan Santri Gontor hingga Meninggal Dunia dalam Lingkup Pendidikan Aisyah Salsabilla; Hanung Wijayanti; Erlina Nur Khasanah
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1303

Abstract

The human soul and blood are one of things that highly guarded in Islamic law. The recent rise in murder cases caused by the lack of strict laws and the lack of society knowledge about how its important for us to take care of our lives. So, by attracting case that highlighted by the public, this research will attract readers to find out more. This research will give more contribution because the case being discussed will encourage readers to learn more about jinayat. This is what the author does because regarding the Jinayat that raised by the author, is a type of jinayat in the form of persecution in the educational scope which ends in mortlity. Then, this jinayat is inseparable from its punishment, namely “qishash,” which has also been agreed by scholars in this case. Or by paying “diyat” and “kaffarat” because this kaffarat is the right of Allah SWT. This research uses library research with journals as primary data sources and also books, newsletters, and other supporting journals as secondary data sources. The results of this study are the need for strict laws in jinayat cases, especially in cases of persecution, especially in the educational sphere. Where is the scope of education that should provide security and comfort for students when studying, bullying or seniority cases seem to be a natural thing. If this is allowed, apart from damaging the image of an educational institution, it will also make this something permissible. If it is considered as a natural thing, many rights will be taken away.

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