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Nurani: Jurnal Kajian Syariah dan Masyarakat
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
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.
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Articles 279 Documents
The Differences of Men's and Women's Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy Bachri, Syabbul
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.v22i1.11251

Abstract

This study aims to provide an explanation of the defense against criticism and blasphemy for the differences in the male and female divisions and their arguments. This research is a normative study with a conceptual approach. The primary and secondary data collected were then analyzed using a content analysis approach to provide an overview of the defense and arguments for the application of male and female share differences in Islamic inheritance law. The results of the study show that criticism and blasphemy from those who reject the difference in inheritance distribution between men and women cannot be justified because not in all cases do women get a smaller share than men. There are many cases where women get the same and even bigger share than men. Moreover, justice also cannot be interpreted as equal distribution, considering that in scientific terms, the term distributive justice is also known. The interpreters argue that the provisions of section 2:1 between men and women are a decree from Allah that must be carried out by arguing that the statements in the verses of the Qur'an are clear and qath'i. The demand for new ijtihad cannot be justified considering that in ushul fiqh there are rules which state that there should be no ijtihad in the provisions of qath'i texts.
Dharurah and the Realization of Maqashid Sharia: Analysis of the Implementation of Islamic Legal Maxims on Emergency Rohim, Ade Nur
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.v22i1.11449

Abstract

Contemporary issues and phenomenon that occur in society experience development from time to time. References and arguments in the Qur'an and sunnah sometimes do not explain the law on the issue specifically. Excavation of the law by using qawa’id fiqhiyyah which has been formulated by the scholars is important. Especially in conditions of emergency and compulsion that require in-depth studies to establish laws on issues that provide a certain level of difficulty for humans. This study aims to review the concept of emergency in the perspective of fiqh by examining its correlation to the achievement of maqashid syariah by focusing on the application of qawa’id fiqhiyyah related to emergency. This research is a qualitative research using a literature study approach by doing literature review on Islamic legal maxim, maqashid sharia, and dharurah. The results of this study indicate that dharurah is a condition that positions humans in a condition of being forced to do something that is forbidden or to leave something that is obligatory. Islamic law provides rukhshah for the difficulties experienced by humans as a guarantee to realize maqashid syariah. Legal determination of the waivers granted is carried out by referring to the arguments of the Qur'an, sunnah and ijma' as well as by applying qawa’id fiqhiyyah related to emergencies.
Miqat Application in Determining the Qibla Direction of the Mosque Ami, Miftahul Jannah; Ifrohati, Ifrohati
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.v22i1.11798

Abstract

In this all-digital era, the use of Android devices is no longer just a medium for communication, but on your smartphone device, there are already many applications circulating on the Play store developed by software companies and astronomers that are easy to use to assist you in determining. qibla direction. To fulfill the need for information on the Qibla direction of a place, you have to activate the technology on your smartphone that provides real-world Qibla direction information, namely by using the miqat application. This research is to find out the method of using the miqat application in determining the Qibla direction and knowing how the Qibla direction of the Sultan Mahmud Badarudin Jayo Wikramo mosque and Al-Islam Muhammad Cheng Ho Mosque is using the Miqat application. This research is classified as field research, namely research conducted by direct observation of the object studied in the field, aiming to determine the level of accuracy of the use of the miqat application in determining the Qibla direction. The use of the Miqat application in determining the Qibla direction is a method that is very easy to use wherever you are, but before using the application, it is better if you first calibrate the magnetic compass on your smartphone by shaking the phone so that the needle on the compass is stable. The accuracy of the Qibla direction of the Sultan Mahmud Badarudin Jayo Wikramo Mosque and the Al-Islam Muhammad Cheng Ho Mosque with the Miqat application, that in terms of whether or not this application is accurate, in principle, depends on usage. If used in places that contain metal it will make the magnetic sensor on the compass inaccurate which results in degree deviations on the compass being affected by the magnetic field and the metal around it which will result in a larger deviation of degrees on the compass, this application should be used outside the building because in principle, the compass on the cellular relies on magnetic sensors and GPS on the smartphone itself.
Ahmad Ibrahim and the Islamization of law in Malaysia Amir, Ahmad Nabil
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.v22i1.12130

Abstract

This article aims to explore the work and contribution of Ahmad Ibrahim (1916-1999) in his effort to Islamize law in Malaysia. It discusses in depth his method to apply Islamic law as set forth in his works and the consistent effort in striving to espouse and bring about harmonization of Islamic and civil law of the British colonies. The study is based on qualitative method using primary and secondary sources. The data was systematically analyzed in a descriptive, historical and comparative manner. The finding shows that Ahmad Ibrahim has bring about unprecedented reform in the administration of Islamic law in Malaysia and espoused instructive ways for the realization of the maqasid and shariahization spirit in contemporary context. He had constructed and formulated comprehensive and unprecedented structure of instructive and highly possible method to Islamize law and to bring about harmonization of Islam and civil law in Malaya by espousing for independent legal and criminal administration of Islamic law and formation of the highly anticipated Shariah court in Malaya.
Trade Tax Through The Electronic System (PMSE) In The Sharia Maqasid Perspective According To Jasser Auda Nabilah, Deva
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.v22i1.14591

Abstract

This study aims to analyze Trade Tax Through Electronic Systems based on the perspective of Maqashid Syariah according to Jasser Auda. This research is a library research (library research) through a statutory approach (statute approach) which takes an approach through the perspective of Jasser Auda's maqasid syariah on tax purposes that emphasize the benefit of the people to create social values such as helping fellow people. The type of research data is normative juridical using data collection methods in the form of literature studies by collecting documents and data to be processed using analytical methods. In this study, there are 6 system features, namely cognitive nature, interrelatedness, wholeness, openness, multi-dimensionality and meaningfulness so that it gives rise to the perspective that the principle of tax collection must contain the principles of justice and the benefit of the people in order to bring prosperity and economic prosperity to all people with the principle of openness but on the basis of openness to the world and philosophy. In accordance with the aim of maqasid asy-shari'ah that all forms of effort are to bring goodness and avoid harm (harm).
Restorative Justice in the Implementation of Diversion Against Child Criminal Victims Irhammudin, Irhammudin; Edrisy, Ibrahim Fikma
Nurani Vol 22 No 2 (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.v22i2.11501

Abstract

One solution that can be taken in handling cases of child crime is a restorative justice approach. Therefore, Police investigators are required to have the right options to carry out diversion activities in handling child criminal cases. The purpose of this study was to examine the implementation of restorative justice by North Lampung Police investigators and the victims’ in carrying out diversion. The method used in this study is the normative legal method. The approach used is an empirical juridical approach, in this case relating to the implementation of restorative justice in the implementation of diversion against victims of child crime. This research conducted in Polres Lampung Utara, Indonesia. Based on the results of the study, it was concluded that restorative justice refers to the second precept in Pancasila and carrying out the investigation based on the provisions of KUHAP, Law concerning the Juvenile Criminal Justice System, Law concerning Child Protection and Law concerning Child Protection. Meanwhile, the implementation of restorative justice is to prevent the repetition of criminal acts committed by children and keep children away from the negative influences and implications of the judicial process. The inhibiting factors are the lack of coordination between agencies carrying out diversion at the investigation level, understanding of the meaning of diversion, lack of public trust in the rules for implementing diversion and regulations regarding supervision of the implementation of the results of the diversion agreement.
Analysis of the Minimum of Marriageable Age in the Perspective of Theology Febriani, Evi; Kumaidi, Muhamad; Mu'in, Fathul; Budiman, Arif
Nurani Vol 22 No 2 (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.v22i2.11797

Abstract

Early marriage is a reality occurred in society. Some parents still have an understanding that getting their children married as soon as possible is part of the solution to lighten the burden on the family. This research aims to reveal what the ideal age for marriage in the theological perspective. This research uses a qualitative approach. Data collection by means of literature study, while data analysis is descriptive qualitative. This research concludes that theologically the age of marriage does not mention numbers, but the principle of maturity of the groom and bride. Therefore, the validity of marriage is not only due to the fulfillment of the pillars, but also develops in the fulfillment of the conditions of marriage. We recommend that the minimum age for marriage still refers to the latest law, in the age of 19 for men and women. This is because if the minimum age is lower than 19, it is still classified as children's age and is no longer relevant to today's era. Age shows a person's maturity to be able to marry in the perspective of theology, health (reproduction), psychology, and the ability to fulfill rights and obligations as husband and or wife.
Corporate Social Responsibility Programs In the Principles of Sharia Economic Law Fauziah, Fauziah; Harun, Muhamad; Sari, Resty Okta Iman
Nurani Vol 22 No 2 (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.v22i2.14148

Abstract

Limited Liability Companies a role in economic development and must be responsible for the surrounding environment in its business activities, known as CSR. Thus, it is necessary to know the arrangements regarding the CSR program. Reviewing the CSR program from the point of view of sharia economic law is also necessary. Therefore, researchers conducted research related to the CSR program to examine the program based on the principles of Islamic economic law. This research is qualitative research using secondary data. Data was collected through a documentation study. Data analysis technique was carried out in qualitative descriptive. This study found that arrangements regarding CSR programs must pay attention to ethical, moral, and mandatory principles for Limited Liability Companies. This principle is compatible with the principles of sharia economic law, such as the principle of permissibility, the principle of freedom of contract, the principle of agreement, the principle of binding promises, the principle of balance, the principle of benefit, and the principle of justice. CSR in the perspective of Sharia Economic Law, is a consequence of Islamic teachings. It means that a company must not be concerned with itself but must also pay attention to the surrounding environment.
Review of Sharia Economic Law on the Empowerment and Arrangement of Street Vendors in Palembang City Utami, Iftitah
Nurani Vol 22 No 2 (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.v22i2.14189

Abstract

The purpose of this study is to examine the Role of the Palembang City Tourism Service in Implementing Palembang Mayor's Regulation Number 37 of 2017 in Night Culinary Micro Enterprises in the Sudirman Pedestrian Area of Palembang City based on Sharia economic law. This research is motivated by the many economic activities carried out in the Sudirman Pedestrian Center of Palembang City, resulting in the arrangement of traders not running well. The method used in this study is a qualitative method with a field research. This research is called empirical normative. The types of data in this study are primary and secondary. Data collection was done by interviewing and documenting. Data analysis was carried out descriptively, and qualitatively using deductive method. The results of the study concluded that the ​implementation of Palembang Mayor's Regulation Number 37 of 2017 provides an opportunity to strive, grow and develop business capabilities, and realize a city that is clean, safe, neat and beautiful. In economic law implementing Palembang Mayor's Regulation Number 37 of 2017 has been in accordance with the principles of sharia economic law, namely maslahah​ which aims to improve welfare to street vendors in the sudirman pedestrian area.​
Reception of Law Worship:The Experiences of Muslims Worship During Pandemic Covid-19 Fernando, Henky; Abdullah, Irwan; Yusuf, Mohamad
Nurani Vol 22 No 2 (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.v21i2.14402

Abstract

The reception of law worship during the pandemic Covid-19 is a pattern that is very important to reflect on as a lesson learned after the Covid-19 pandemic. This study, in addition to providing a conceptual understanding of Muslim religious law receptions pattern during the pandemic Covid-19, also to reflects this reception contextually. This study uses a qualitative descriptive approach. Data collection was carried out through an interview process with Muslims who actively carried out worship activities in the congregation during the pandemic Covid-19 at the Kotagede Mataram Gede Mosque. The analysis in this study was carried out through the process of reducing, describing, and inductively interpreting the data, to obtain a classification and conclusion regarding Muslim religious law reception pattern. This study found that the Muslim worship law reception pattern during the pandemic Covid-19 was not least carried out through three contexts, namely; reception in the context of adaptation, reception in the context of negotiation, and reception in the context of resistance. This study also recommends the importance of comparing Muslim worship law reception patterns in a more macro context.