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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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Community Service Order Punishment: Alternatives in The Criminal Law System From Maqāṣid al-Sharīʿah Perspective Sirait, Adi Syahputra; Syahnan, Mhd.; Panjaitan, Budi Sastra
Nurani Vol 24 No 2 (2024): 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.v24i2.24276

Abstract

This study aims to analyze Community Service Order (CSO) punishment within the criminal law system through the lens of Islamic law, using a multi-dimensional approach. As an alternative to detention, CSO punishment is expected not only to achieve the rehabilitation of offenders but also to provide broader benefits to society. This study explores how the concept of maqāṣid al-sharīʿah with a multi-dimensionality approach—which includes social, economic, and cultural analysis—by looking at the relevance of maqāṣid al-sharīʿah and a comprehensive view of the concept of community service order punishment to achieve a balance between justice, rehabilitation, and social welfare. A multi-dimensionality approach is used to study community service order punishment from social, economic and cultural aspects. The results of the study show that Community Service Order Punishment are not only in line with the principles of maqāṣid al-sharīʿah, but also have the potential to increase the effectiveness of the rehabilitation of perpetrators, reduce detention costs, and increase the positive contribution of perpetrators to society. This study concludes that Community Service Order Punishment can be a more humane and effective alternative in the criminal law system, which is in line with Islamic values and supports the welfare goals of society as a whole.
The Debate on the Aesthetics of Business Brand Innovation Among the Millennial Generation for the Issuance of Halal Certification Haryati, Haryati; Junaidi, Heri; Mohammed Rateb, Sheikh
Nurani Vol 24 No 2 (2024): 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.v24i2.24417

Abstract

This study explores how millennials debate culinary businesses, focusing on consumer tastes, brand aesthetics, and halal certification. The basic assumption is that the “halal logo” for the community is not a standard for the business. The method used in this study uses the library research method. The main issues in the study of food business issues to obtain halal certification and the issue of debate among the millennial generation.  Stages in data collection techniques are Inventory, Critical Evaluation and Synthesis. The data that has been collected is analyzed descriptively by general data to specific data so as to find conclusions that can become recommendations. The study found that while branding isn't part of the halal assessment, it strongly connects to Indonesia's majority Muslim community. Although including halal products, the basic ingredients of these products are not easy to produce at will. When halal food is stored in one place with haram food, it will cause the food to be contaminated, such as chicken stored in the same place as pork. From the same side, the obligation of halal certification is carried out as a form of state effort in providing security for its citizens in consuming food. Between the two understandings, literacy is needed for the millennial generation where certification and labeling of halal products based on protection, fair value, definite legal value, responsibility and openness, effective and efficient, and competent have implications for public comfort in consuming food for food that is proven to be halal. Millennials are becoming aware that brands with elements seen as forbidden can face public scrutiny, impacting their products. This often leads to short-lived success, with businesses fading away and ultimately financial loss.
Rethinking Indonesian Anti-Money Laundering Laws in the Age of Online Gaming Economies Rusdiana, Shelvi; Tantimin; Fitri, Winda
Nurani Vol 24 No 2 (2024): 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.v24i2.24422

Abstract

Indonesia’s Anti-Money Laundering (AML) laws were originally designed to combat traditional financial crimes; however, the rise of virtual items in online gaming economies presents new challenges. This study aims to assess whether the current legal framework is equipped to address the use of virtual items in money laundering activities. Utilizing a normative legal research method and a statutory approach, the research draws on secondary data from Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, sourced from Indonesian legal databases. The data are analyzed descriptively to evaluate their relevance to digital economies. The findings reveal that while the AML Law provides a basic framework, it requires further development to specifically address the role of virtual assets and gaming platforms in money laundering. This study proposes legal reforms, including clearer definitions of virtual assets and amendments to impose liability on gaming developers, with the aim of enhancing Indonesia's regulatory framework to address emerging threats.
Religious Manipulation in Child Sexual Harassment: Islamic Boarding Schools in Indonesia Bin Mohamad, Abdul Basir; Nur Hakim, Putri Rahmah; Saputra, Hanif; Jannah, MIftahul; Adli, Muhammad
Nurani Vol 24 No 2 (2024): 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.v24i2.24445

Abstract

Child sexual abuse in Islamic boarding schools in Indonesia remains a pressing issue that is often overlooked within educational institutions. This study investigates the manipulation of religious doctrine in cases of child sexual harassment within these environments, aiming to understand how perpetrators exploit religious principles. The research uses a descriptive qualitative approach and analyzes online media coverage to explore those involved' characteristics, methods, and motives. The findings reveal that perpetrators employ three primary strategies to manipulate religion: redefining religious doctrines, reconstructing religious practices, and repositioning religious authority. These tactics are employed to legitimize and normalize sexual harassment of children in Islamic boarding schools. This study recommends conducting in-depth interviews with perpetrators and victims to gain a deeper and more empirical understanding. Additionally, the study provides recommendations for developing policies and practices to prevent religious manipulation and safeguard children's rights within Islamic boarding schools. This study emphasizes the urgent need for effective measures to protect vulnerable children in these educational settings.
Registration of Marriage as Fulfillment of Marriage Requirements According to Islamic Principles Arifuddin, Qadriani
Nurani Vol 24 No 2 (2024): 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.v24i2.24529

Abstract

Marriage registration plays a central role in regulating marital relations and has a significant impact on the rights and obligations of married couples. However, there are still those who view marriage registration as merely a state document without a clear textual basis, leading to the prevalence of unregistered marriages in Indonesia. This research aims to analyze the urgency and implications of marriage registration in the context of Islamic law. The research adopts a library-based approach. The findings indicate that marriage registration under Islamic law carries significant implications. Apart from providing legal validity to the husband and wife bond, marriage registration also plays an important role in protecting the marital rights of each individual, including inheritance rights, maintenance and other rights. It was found that marriage registration not only prevents potential future disputes through clarifying marital status, but can also be considered as fulfilling the conditions for marriage in accordance with Islamic principles. Furthermore, the confirms that marriage registration makes a positive contribution to social order in Islamic society, makes it easier to regulate and monitor marital relations and maintain morality and ethics in family institutions. Therefore, this research supports the importance of marriage registration within the framework of Islamic law as a solid foundation for maintaining justice, order and prosperity within marriage.
Whole of Government: An Effective Strategy for Ensuring Child Support Post-Religious Court Rulings Sinaga, Istiqomah; Asmuni, Asmuni; Tanjung, Dhiauddin
Nurani Vol 24 No 2 (2024): 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.v24i2.24714

Abstract

Although parental responsibility in providing child support was determined by a religious court, many parents have simply ignored the specific level of obligation until such time that any debt had been declared satisfied on behalf of indebtedness once accrued — i.e., when they are no longer able to fulfill weekly financial 'honey-do lists'. Religious courts have no binding force, and cannot enforce him fulfill his obligations as a parent. This is largely because religious court decisions do not carry the force of law and cannot be enforced against those who disregard them. But the fact that one can bear to pay child support after a court decision should not be neglected and effective mechanisms must help each kid, especially those divorced. This research aims to evaluate how well the 'Whole of Government Response' strategy works in securing post-divorce child support, using a qualitative, normative juridical approach based on secondary data. The study results conclude that a "Whole of Government" approach is feasible and may offer substantial potential to address problems associated with neglected child support post-divorce. Co-responsibility of ministries and agencies to carry out child support. This is a very important thing, considering that the life of children has now become more popular by government attention also in RPJMN 2020-2024 there are policies on improvements for unsurpassed quality of living for good to implement based multi dimensional multicultural sustainability and natural geography. This research aims to evaluate how well the 'Whole of Government Response' strategy works in securing post-divorce child support.
Credit or Financing Analysis in Banking Institutions in the Perspective of Qiyas Kusnoto; Athoillah, Mohamad Anton; Sholehudin, Ending; Huda, Uu Nurul; Bambang Waluyo
Nurani Vol 24 No 2 (2024): 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.v24i2.24718

Abstract

Banks, including Islamic banks, prioritize caution when lending money by using credit analysis methods like the 5C and 7P frameworks. Before approving a loan or financing request, banks assess applicants to minimize the chance of defaults. Questions arise regarding the law of credit analysis in banks from the perspective of the Qur’an, which is the source of Islamic economic law. This research is qualitative research with a normative juridical approach by examining legal verses in the Qur’an and linking them to qiyas. The research results show that verse 5 and 6 of the an-Nisa contain a prohibition on handing over assets to people who are not competent to manage them and contain orders to carry out tests before handing over a funds. 'The law contained in the condition is that in the case of incompetence in managing funds, testing is required before handing over the funds. Overall, the study concludes that credit analysis practices in banks align well with these principles, making them not only advisable but also encouraged under Islamic law.
Embracing E-Court Innovation: Advancing Maslahah Mursalah in Indonesia's Religious Courts Yusnita, Eti; Yuswalina; Toriq, Muhammad
Nurani Vol 24 No 2 (2024): 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.v24i2.24744

Abstract

In this modern age, online litigation has become a game-changer in streamlining the judicial process. To embrace this transformation, Indonesia's Supreme Court has implemented an e-court system, governed by the Supreme Court Regulation, to boost efficiency and accessibility in the legal landscape. This study sets out to explore the advancements of the e-court system within Indonesia's Religious Courts, delving into the key factors driving its growth and shaping its implementation, with a focus on the concept of maslahah mursalah (public welfare). This study adopts a qualitative research approach, utilizing descriptive analysis and drawing upon both primary and secondary data sources. The findings highlight that while the e-court system largely aligns with existing regulations, hurdles like inadequate network infrastructure and limited public digital literacy persist. Nevertheless, the system brings substantial advantages, paving the way for meaningful progress, including lower costs, remote access to court services, and simplified processes. Key features such as e-filing, e-payment, e-summons, and e-litigation increase accessibility and convenience. Digital transformation reflects the issue of ensuring more efficient and cost-effective services. Factors that influence include cost savings from paperless processes, the ability to file cases remotely, technological literacy issues, and internet connectivity challenges in some areas. Overall, e-court systems align with societal welfare by enhancing the accessibility and affordability of legal services.
Integrating Legal Protection Strategies for Wife and Children Due to Rejection of Marriage Isbat Application Jalil, Abdul; Abdul Haq Syawqi; M. Haris Hidayatulloh; Supraptiningsih, Umi; Cut Linda Marheni
Nurani Vol 24 No 2 (2024): 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.v24i2.24748

Abstract

This study explores integrative legal protection strategies for wives and children, bridging normative and sociological perspectives, in the face of Isbat Nikah application rejections. This strategy is essential because it is motivated by the facts in the field, namely that many Isbat Nikah are not registered and have legal consequences. This study uses a qualitative approach; this empirical study is drawn from observation data and interviews with judges and clerks in three religious courts (PA) in East Java, namely in Pamekasan, Probolinggo, and Pasuruan Districts. The data was further enriched by comparing it with document and literature studies, then analyzed using descriptive techniques. This article finds that the legal protection of wives and children due to the rejection of Isbat Nikah applications is to apply an integrative normative-sociological strategy. Normatively, the way that can be taken is by integrating several aspects such as aspects of the law, law enforcement, and facilities or facilities that can support the application of law, such as human resources and sophisticated tools such as tools to find out a person's DNA. Meanwhile, sociologically, two aspects of social problems are crucial to carrying out an integrated improvement strategy, namely aspects such as aspects of a religious-type society and a negative patriarchal culture. Religious communities often exhibit a strong susceptibility to dependence on religious guidance.
Unravelling the Threads:  Bibliometric Exploration of Islamic Family Law Research in Southeast Asia (2004-2024) Agha, Khuluq Dhaifallah Muhammad; Mahmoud Ibrahim El Nafad; Sutrisno Hadi
Nurani Vol 24 No 2 (2024): 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.v24i2.24755

Abstract

This study takes a closer look at how research on Islamic family law in Southeast Asia has evolved between 2004 and 2024, with the goal of understanding how this field has grown and where it might still fall short. Using bibliometric analysis and tools like Vosviewer to map out research trends, the study shows that countries like Indonesia, Malaysia, and Singapore have been particularly active in producing studies on Islamic family law. In fact, these nations are leading the way, contributing significantly to the global conversation. However, despite this impressive research activity—based on an analysis of 1,091 documents from Scopus—many of the most pressing issues, such as marriage, divorce, and inheritance, still lack comprehensive solutions. The research so far has provided valuable insights, but it hasn’t fully addressed the complexities that Muslim families face in these areas. Looking forward, the study suggests that future research needs to dig deeper into the dynamics of Islamic family law and focus on finding practical solutions to these ongoing challenges. By doing so, scholars can create a more responsive legal framework that better meets the real-life needs of Muslim families in Southeast Asia, ensuring that research has a meaningful impact on everyday family life.

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