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INDONESIA
Nurani: Jurnal Kajian Syariah dan Masyarakat
Published by Universitas Islam Negeri Raden Fatah Palembang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
NURANI merupakan jurnal kajian syari'ah dan masyarakat yang diterbitkan oleh Fakultas Syari'ah Universitas Islam Negeri (UIN) Raden Fatah Palembang. Jurnal NURANI terbit dua kali dalam setahun yaitu bulan Juni dan Desember. Jurnal NURANI pertama kali terbit pada tahun 2001 dengan Surat Keputurusan Rektor IAIN Raden Fatah. Pengelola menyambut baik kontribusi dalam bentuk artikel dari para ilmuwan, sarjana, professional, dan peneliti dalam disiplin syari'ah dan kemasyarakatan untuk dipublikasikan dan disebarluaskan setelah melalui mekanisme seleksi naskah, telaah mitra bebestari, dan proses penyuntingan. Besar harapan kami, artikel-artikel yang terbitkan oleh Jurnal NURANI dapat memberikan kontribusi yang nyata dan berdampak secara luas pada perubahan paradigma positif mengenai syari'ah dan kemasyarakatan. Jurnal NURANI melakukan publikasi karya ilmiah berpegang teguh pada nilai-nilai dan etika publikasi ilmiah serta seluruh proses didalamnya dikelola secara profesional dan akuntabel. Jurnal NURANI berkomitmen akan memberikan sanksi secara tegas apabila selama proses publikasi terdapat hal-hal yang menyalahi aturan dalam etika publikasi serta norma-norma akademik.
Arjuna Subject : -
Articles 279 Documents
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IMPLEMENTATION OF PROFESSIONAL ZAKAT BASED ON THE REGIONAL REGULATION OF PALEMBANG CITY NUMBER 4 OF 2017 AT THE PALEMBANG CITY GOVERNMENT OFFICE Tamudin, M.; Fitriyati, Yusida
Nurani Vol 21 No 2 (2021): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v21i2.10092

Abstract

This paper examines the implementation of professional zakat based on the regional regulation of the city of Palembang Number 4 of 2017 concerning zakat management at the Palembang city government office.This research is a field research by conducting a study of the laws that apply in society. This study looks at the application of professional zakat based on the Regional Regulation of Palembang City Number 4 of 2017 at the Palembang City Government Office. There are 3 problem formulations in this study, including "1. How is the implementation of professional zakat based on the Regional Regulation of Palembang City Number 4 of 2017 at the Palembang City Government Office? 2. What are the factors that influence the implementation of professional zakat based on the Regional Regulation of Palembang City Number 4 of 2017 at the Palembang City Government Office? 3. What are the efforts made by the Palembang City Government in overcoming the problem of implementing professional zakat based on the Palembang City Regional Regulation Number 4 of 2017? From the results of the study it can be concluded that the implementation of professional zakat based on the regional city regulation of Palembang number 4 of 2017 in the Palembang city government office has been carried out but has not been maximized. There are still many ASNs (civilApparatus) who have not deposited professional zakat to the Palembang City BAZNAS. His awareness of paying professional zakat has only reached 13% of the existing muzakki. The enforcement of administrative sanctions or fines has also not been implemented due to political reasons. The factors that influence the implementation of professional zakat in the Palembang city government office are: the rule of law factor, the Palembang City BAZNAS factor, Keywords :Implementation, regional regulations, professional zakat.
REINTERPRETATION OF THE KAFA’AH CONCEPT IN JASSER AUDA’S PERSPECTIVE Wijaya, Sandy
Nurani Vol 21 No 2 (2021): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v21i2.10221

Abstract

This research is intended to study and analyze the concept of kafa'ah in JasserAuda's perspective. In the concept of kafa'ah, it should be noted that there are still many people who think that kafa'ah only includes the same elements in terms of degree or social strata or wealth. Whereas the essence of kafa'ah is not like that, but among the strategies to create a sakinah, mawaddah, warohmah family. This type of research is library research, namely by collecting a number of data related to the concept of kafa'ah in marriage according to JasserAuda's perspective with the approach maqashidasy-syariah. The Method analysis data used is an inductive qualitative method. This method is done by collecting data, compiled and classified into themes that will be presented, then analyzed and presented with a research framework and then given a full interpretation by describing what it is. The results of the study show that (1) Kafa'ah is equality or harmony, it is important to do in order to achieve the perfection of marriage that avoids domestic life from harm and misery; (2) Wisdom requireskafa'ah is to get to the marriage relationship sakinahmawaddahwarahmah,and result destination weddings are not only referring to the happiness of the world, but also happiness hereafter; (3) The essence of the requirement for kafa'ahinperspectiveJasserAuda's is as a form of self-protection and honor for both each partner and for the two families who have been united in a marriage bond. Keywords: Kafa'ah, Maqashid ash-Shari'ah, JasserAuda.
Practice in Making Notarial Agreements in Unregistered Marriage in Indonesia Siti, Bayturrochmah; Sjarif, Fitriani A.; Tardjono, Heriyono
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.10226

Abstract

This article aims to examine the legal force of the marriage agreement deed made by a notary, particular for those who are only married in an unregistered manner. In notary, it is known that there is a Marriage Agreement which is the authority of a notary to prepare an authentic deed in accordance with the provisions of the legislation on the basis of law. Based on the description above, a question arises whether the parties who carry out an unregistered marriage are able to state their wishes in a notarial agreement. What are the possibilities and legal consequences for both the parties and for the notary as a public official who prepares the deed of agreement. The research method uses in this research is normative legal research or normative juridical research with a statutory approach and a case approach. The data used is secondary data, while the analysis method uses qualitative analysis methods. The results of the study indicate that with certain adjustments, a notary is able to prepare a notarial agreement for the parties carrying out an unregistered marriage. The notarial agreement has perfect evidentiary power for the parties as is an authentic deed in general. A notarial agreement with certain adjustments prepared by the parties who entered into an unregistered marriage was prepared with the aim of providing legal protection for the parties.
Online Wedding During Pandemic the Perspective of Maqāṣid al-Syar'ah Imam al-Ghazāli Alim, Syaiful
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.10658

Abstract

Marriage is a primary and sacred need that is specifically regulated by religion. The sacred process in legalizing the relationship between men and women to prevent adultery and heinous acts. The multi-needs nature of marriage as a biological need and a social need must face problems with the Covid-19 virus that has hit all over the world and has stopped all social activities, including marriage. This article aims to examine how al-Ghazali with the construction of Maqāṣid al-Sharī’ah explores new laws in determining the permissibility of online marriage as a marriage solution during the Covid-19 pandemic. This research method uses a qualitative approach with the document study. The findings of this study: consideration of 4 (four) emergency arguments and “very ḍarar” dalil, and belongs to category categories of sensory ḍarar indrawi and ḍarar ‘ājilan. Assumptions offered by al-Ghazali include Al-Ḍarar Yazālu, Al-Ḍarar Yudfa’u Biqadri al-Imkāni considering the emergency conditions in which Al-Ḥājaṯ Tunzilu Manzilaṯ al-Ḍarūraṯ ‘Āmaṯ Kānata au Khāṣah and its Daf’a al-Qawāṭi’a. The conclusion of this study is that need for an online marriage that requires immediate action in the Covid-19 emergency because it is included in public and private problems around the world.
Sharia Economic Dispute Settlement Between Religious Courts And Basyarnas Oslami, Achmad Fikri
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.10667

Abstract

This study aims to examine the settlement of sharia economic disputes that arise in the event of a dispute between the two parties. This study will answer the formulation of the problem, namely: Why can the settlement of sharia economic disputes be resolved through the Basyarnas and the Religious Courts? the impact of resolving sharia economic disputes through Basyarnas and the Religious Courts; Basyarnas status after the enactment of Law Number 50 of 2009 concerning the Second Amendment to Law Number 7 of 1989. In this study, the authors used literature research, then analyzed it using content analysis methods related to the problems studied. The research method used is a normative juridical research method. The results of this study state that the birth of Law Number 03 of 2006 which has been updated with Law Number 50 of 2009 has brought major changes to the existence of the current Religious Courts, one of the fundamental changes is that the Religious Courts have the authority to examine, hear, and resolve sharia economic disputes through litigation. The settlement of sharia economic disputes as regulated in Law Number 30 of 1999 has been carried out by Basyarnas and is still used as a non-litigation institution authorized to resolve disputes.
Legal Analysis of Limited Company Which Was Submitted to Bankruptcy Suryati, Suryati; Sardana, Layang; Disurya, Ramanata
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.10801

Abstract

The purpose of this study is to analyze the legal consequences caused by a limited liability company being sentenced to bankruptcy. The research method used in this study is the normative legal method. The result of this study is that the result obtained from this study is that the Board of Directors can be held liable both civilly and criminally for the insolvency of a limited liability company. Civil liability may be liability for a lease for losses suffered by a limited liability company in the event of insolvency due to the fault and negligence of the Board of Directors and the company's assets are not sufficient to cover losses due to bankruptcy. Criminal liability in the form of imprisonment in addition to other responsibilities in the form of a forced entity as stipulated in the Insolvency Law, while the legal consequences of insolvency for a limited liability company can be in the form of termination of business relations from the company by creditors and curators, or even dissolved by the District Court on the grounds of creditors on the basis of the company being unable to pay debts after being declared bankrupt.
Work Termination During The Covid-19 Pandemic in Indonesia Reviewed from Theory Maṣlaḥah Mursalah Fitria, Restu; Azzaki, Muhammad Adnan; Mustaqim, Abdul
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.11008

Abstract

This article aims to examine the impact of the Covid-19 pandemic on the sustainability of the economic sector in the form of the phenomenon of termination of employment (PHK) which is increasing in Indonesia. Departing from this phenomenon, this study proposes a problem formulation regarding what is the perspective of ma theory maṣlaḥah, it's mursalah in viewing the termination of employment during the Covid-19 pandemic in Indonesia. This research is library researchby using the approach normative juridical, In answering research questions, this study uses mathematical theory maṣlaḥah mursalah. The results of this study indicate that,itthe occurrence of layoffs (PHK) during the spread of the Covid-19 pandemic Judging from the theoretical objectives maṣlaḥah mursalah, The decision taken by the company in terminating the employment relationship has the aim of company efficiency in order to survive is a situation that occurs beyond the ability of both parties (force majeure). So, if analyzed using the theory of maṣlaḥah, this condition is at the level of division of maṣlaḥah Hᾱjiyyat . Because in this case the steps taken by the company in doing layoffs as an effort to avoid themselves from greater harm if the company is not able to survive but this situation does not have a significant impact on the survival of business actors as classified in the level of Hᾱjiyyat.
Implementation of the Halal Product Guarantee Law in Indonesia by the Department of Industry and Trade Cooperatives of Bima City Hakim, Lukmanul; Putri, Aisyah Karnila Nady
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.11099

Abstract

The obligation to register a halal certificate is stated in Article 4 of The Halal Product Guarantee Laws "Products that enter, circulate, and are traded in the territory of Indonesia must be certified halal". Therefore, the purpose of this study is to explain the mandatory implementation of halal certification carried out by the Department of Cooperative Industry and Trade of the Bima City for its Small & Medium-Sized Enterprises (SMEs), because it is one of the government instruments authorized to accommodate those who wish to register a halal certificate. The research method used in this research is descriptive qualitative, to support this research it takes several parties as respondents from the Department of Industrial and Trade Cooperatives and SMEs (DISKOPERINDAG) and so that this research can produce data that can provide conclusions regarding the implementation of mandatory halal certification by the Department of Cooperative Industry and Trade of the Bima City for its SMEs. From this research, it can be concluded that DISKOPERINDAG has carried out socialization in the form of seminars and training and provided information through the official website of DISKOPERINDAG Bima City. In addition to socialization, DISKOPERINDAG also provides assistance in procuring halal certificates for UMKM in the Bima City, it makes SMEs feel helped in registering halal certificates
Istihsan Concept in Multi Contract Online Transactions of Go-Food Services in The Go-Jek Application Lusiana, Lusiana; Harun, Muhammad; Fauziah, Fauziah; Abdillah, Muhammad
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.11131

Abstract

Technological developments are very influential on the lives of the world's people, one of which is used for business purposes or known as Electronic Commerce (E-Commerce). Several E-Commerce facilities such as online transportation, online payments, online shopping, are practical facilities that are in great demand by the public. As an online food delivery service known as Go-Food. Go-Food application transactions or food orders have several contracts (multi-contract). This research is a field research. The data collected is analyzed descriptively qualitatively, that is, describes as clearly as possible the related data, then concluded deductively, that is, draws conclusions from statements that are general to specific. So that understanding the research results can be easily understood and understood. Some of the contracts in Go-Food transactions are as follows: PT. Go-Jek and merchants. PT. Go-Jek with merchants is an ijarah agreement. Transactions between Pt. Go-Jek and Driver, a collaboration between Go-Jek and drivers and known as the cooperation system (Syirkah). Contract between the consumer and the driver, if the consumer makes a payment using his own go-pay system, the transaction that occurs between the two is buying and selling, but if it is in cash, then there is a wakalah contract, here it will also be a qardh contract because the consumer owes it to the driver. Contracts between drivers and merchants, there are buying and selling activities between drivers and merchants, buying and selling represented by the driver to the merchant, representative transactions like this in Islamic law are known as wakalah contracts. With the istihsan method, economic activities that provide convenience and good benefits without harm and injustice to mankind can be answered and proven by the istihsan method, so that sharia economic activities can always exist and can compete with conventional economics.
The Law of Dropshiping Buying According to Madzhab Malikiyah and Syafi'iyah Handoko, Prio; Ibrahim, Duski; Bukhari, KA
Nurani Vol 22 No 1 (2022): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v22i1.11236

Abstract

This study aims to examine the sale and purchase of dropshipping which fall into the category of Salam, Ijarah and Wakalah contracts and laws according to the Malikiyah and Syafi'iyah schools of thought. The research method used is qualitative with primary data sources obtained by interviewing the sources, with secondary data in the form of literature studies of previous research and fiqh books of the Malikiyah and Syafi'iyah schools. The results of the study show that the dropshipping buying and selling system is included in Salam, Ijarah and Wakalah contracts, as Syafi'iyah's opinion allows salam contracts which have a short estimated delivery time, called salam haal and with cash advance payments when the transaction takes place. As for the Maliki school, it does not allow the salam haal contract because the estimated time for delivery of the goods is short.

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