cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota palembang,
Sumatera selatan
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 14 Documents
 1   2 
Search results for , issue "Vol 20 No 2 (2020): Nurani" : 14 Documents clear
THE BASIS OF JUDGES ‘CONSIDERATIONS ON DECISIONS OF DIFFERENT RELIGIOUS HERITAGE IN ISLAMIC LAW PERSPECTIVE Junaidi Junaidi
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.4453

Abstract

Giving inheritance to heirs of different religions is considered a violation of Islamic law, because it is considered not to maintain Islam. property owned by Muslims should be used as a way to worship, not given to non-Muslims. In the settlement of the case of the Pengadilan Tinggi Agama Palembang, decision Number 05/Pdt.G/2015/PTA.Plg, referring to the Yurisprudensi Mahkamah Agung Number: 51K / AG / 1999, which basically states that heirs who are not Muslim can still get assets from the heir Those who are Muslims based on the "WasiatWajibah" which share the same as the part of the daughter of some heirs, so that non-Muslim children are entitled to a share of the inheritance of a Muslim heir as recipients of the obligatory will. What has been decided by the judge to decide the case has deviated from the rules of Islamic law because of the issue of inheritance disputes with Muslim heirs who must comply with the rules of Islamic Inheritance Law.
HADHANAH IN THE CONCEPT OF COMPILATION OF ISLAMIC LAW AND LAW Salsabila Firdausia
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.4849

Abstract

KHI states that hadanah for a child who is not mumayyiz or not yet 12 (twelve) years old is the right of his mother. The basis of the 12-year law is not found in the Al- Qur'an, hadits and fiqh literature. Therefore, the author conducts research to determine the hadanah in the concept of KHI and Undang-undang. This type of research is yuridis normatif. The source of this research data is secondary data. Based on the results of the study, the hadhanah rights remain with both parents even if the parents are divorced. It is mentioned in the KHI, UU Perkawinan and UU Perlindungan Anak that giving love to a child is an obligation attached to the parents towards the child from the time the child is in the womb until the end of his life.
THE EFFECTIVENESS OF THE WAKALAH ACCOUNT ON WOMEN GROUP SPECIFIC LOAN SAVINGS FROM THE NATIONAL PROGRAM FOR SHARIA-BASED COMMUNITY E Zarul Arifin
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.5241

Abstract

This research is based on the National Program for Community Empowerment in Semparuk sub-district, which was previously conventional, has now switched to Sharia using the wakalah contract. This study aims to determine the effectiveness and analysis of Islamic law on the wakalah contract in the Sharia-based National Community Empowerment Program in the Semparuk Activity Management Unit. The type of this research is field research, using a descriptive qualitative approach. The collection techniques used in this study were interviews, documentation based on primary sources, namely the management of the Semparuk Activities Management Unit and groups of women (customers) who borrowed from the Sharia-based National Community Empowerment Program. Based on the research results, it is concluded that the effectiveness of the National Community Empowerment Program is good. Semparuk Activities Management Unit has carried out business activities based on sharia principles or Islamic legal principles which are regulated in the fatwas of the Indonesian Ulema Council such as the principles of justice and balance, and do not contain gharar, maysir, usury, zalim and haram objects.
THE CONCEPT OF 'IHDAD HUSBAND WHO LIVED WITH THEIR WIFE (ANALYTICAL STUDY OF QIRAAH MUBADALAH'S INTERPRETATION) Laili Izza Syahriyati
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.5536

Abstract

The purpose of the research is implementation of ihdad husband whose wife died. The interpretation of ihdad was assessed as gender biased because it only talks about women. Women whose husbands die have a period of iddah and ihdad. Al-Quran texts and hadith explain about some of the prohibitions of ihdad women. Classical Fiqh has nothing to say about ihdad for husbands. Next about ihdad husband will relation with Qiraah mubadalah. This research uses this type of research Yuridis-Normative. Qiraah mubadalah expalin about method of interpretation with in parallel subject text. That is Islamic texts that discuss the subject of women and men have the same meaning. the implementation of ihdad has a main goal is remember and respect and protect the feelings of the family who died. If hikmatuttasyri like that and then ihdad law not only apply to women, but applies also to men.
CONCRETIZATIONOF URGENT REASON AND SUFFICIENTEVIDENCE IN PROVIDING MARRIAGE DISPENSATION FOR CHILDREN BY THE JUDGE Mansari Mansari; Zahrul Fatahillah; Muzakir Muzakir; Ahmad Fikri Oslami; Muslim Zainuddin
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.5898

Abstract

The article discusses the concretization of urgent reasons and sufficient evidence for granting marriage dispensations in Law Number 16 Year 2019. This purpose of this study is how to concretize urgent reasons and sufficient evidence by the judge inproviding marriage dispensations for children. Researchers used empirical legal research methods and primary legal materials, secondary legal materials and primary data obtained through interviews with Syar’iyah court judges. Data analysis was performed prescriptively to provide an assessment of the implementation of the Marriage Law. The results showed that the petition for marriage dispensation for children after the legitimation of Law Number 16 Year 2019 increased despite being complicated by the Supreme Court Regulations and it was resulted that the age of the petitionfor marriage dispensation between 15 and 19 years old. Children must attend the court for obtaining the advice related to the risk of child marriage. Concretization of the urgent condition and sufficient evidence is carried out with observing the facts at thecouncil, namely worrying about acts that are prohibited from religion, getting pregnant out of wedlock and doing tandem (khalwat). The sufficient evidences were concreted by the judge. He/She requested the witnesses who knew the background of the parents and prospective husband/ wife attended the council to investigate the reasons for the marriage of the child and proof of marriage rejection from the KUA, Child Identity Cards, birth certificates and final diplomas. It is recommended that judges must prioritize the best interestfor the children and the reproductive health certificate from the hospital should be requested.
TAQLID ITTIBA FOR MUKALLAF IN THE IMPLEMENTATION OF ISLAMIC LAW ON POSITIVE LAW IN INDONESIA Hazar Kusmayanti
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.6245

Abstract

The Indonesian people in fact use their minds not on the basis of the Qur'an and the Sunnah is only limited to taqlid ittiba the religious scholars who are not necessarily truthful can be justified. The purpose to understanding of taqlid ittiba and to obtain the consequences of taqlid ittiba for Muslim in implementing Islamic Law and Positive Law. Research methods by using normative research methods or library law research in finding taqlid ittiba material for mukallaf. The results showed that the implementation of taqlid ittiba for mukallaf performed by Muslims is still a lot that is not in accordance with the teachings of Allah SWT and does not follow the Sunnah of Rasullah SAW. The implementation of taqlid ittiba that is wrong can harm oneself and others who can be troubling to the surrounding community. Someone who carries out taqlid ittiba that is not appropriate in the Qur'an and Sunnah has a legal consequence that is sinful because it does not follow the commands of Allah SWT and Rasul while according to the Law Positive in Indonesia taqlid ittiba allowed for someone who is an adult and does not violate the existing Positive Law so as to create peace between religious communities.
FORMULATION OF RULES CONCERNING ABORTION AGAINST OF VICTIMS RAPE: BETWEEN POSITIVE LAW AND FUTURE LAW Ramiyanto Ramiyanto
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.6484

Abstract

Abstract: This paper aims to describe the rules regarding abortion of victims of rape in the positive law and law that may apply within the future. Based on the results of the discussion, it can be concluded that abortion of victims of rape in the positive law isn’t prohibited and the offenders are not sentenced as stated in Law no. 36 of 2009 and the Law of Child Protection. This also applies to a woman who has an abortion for her pregnancy as a result of rape. In the future law, abortion of victims of rape is also not prohibited, but can only be performed by a doctor. The Draft Criminal Code doesn’t stipulate that abortion can also be performed by rape victims themselves. Even so, the rules contained in the Draft Criminal Code still cannot be applied to rape victims who have had an abortion for their pregnancy because positive laws (especially Law No. 36 of 2009 and the Law of Child Protection) have not been revoked by the Draft Criminal Code. In this context, the principle of “lex specialist derogat lex generalist” applies, namely Law no. 36 of 2009 and the Law of Child Protection as laws that are specific override general laws. For the sake of legal certainty, the Draft Criminal Code should confirm prohibited and non-prohibited abortion. The future law needs to be synchronized or harmonized with the positive law. If it’s not prohibited, the granting of permission to abortion for victims of rape should be given strictly so, it’s not abused. Keywords: Formulation, Abortion, Victim of Rape, Positive Law, Future Law
RIGHTS AND OBLIGATIONS OF THE GUARDIANS TO THE INHERITANCE OF MENTAL DISABLED CHILDREN Yusida Fitriyati; Muhammad Zuhdi
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.6635

Abstract

The law protects the interests of individuals under all circumstances, including children with mental disabilities in term of incapacity due to legal incompetence. Law Number 8 of 2016 concerning Persons with Disabilities. Article 5 states that the Unitary State of the Republic of Indonesia guarantees the survival of every citizen, including persons with disabilities, in this case persons with disabilities who are Muslims have a legal position and have the same human rights as Indonesian citizens and as an inseparable part of the Indonesian citizens and society. is a mandate and a gift from God Almighty, to live progressively and develop fairly and with dignity including obtaining justice and legal protection. Therefore, as a legal subject, people with mental disabilities are represented by their guardians in all their life activities. It is included in the control of the use of inheritance that is obtained. For this reason, this paper is made with a focus on the study of how the rights and obligations of guardians to the inheritance of mentally disabled children in Indonesia and global cultural relativism?
LIFE INSURANCE IN POSITIVE LAW AND ISLAMIC LAW IN INDONESIA Ramiah Lubis
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.6757

Abstract

Life insurance is an agreement made by an insurance company to its customers that if the customer experiences a risk of death in his life whether in the form of an accident or due to illness, then the insurance company will provide compensation with a certain amount of money in accordance with the premiums paid for being a customer of the insurance company to heirs of the customer. Conventional Insurance and Syariah Insurance are both tasked to manage and cope with risk, it's just that in Syariah Insurance the management concept is carried out using a pattern of mutual risk between managers and participants (risk sharing) or called at takaful and at tadhamun. While in conventional insurance the work pattern is to transfer risk from the customer (participant) to the company (manager), which is called risk transfer. So that the risks regarding the participants will be fully borne by the manager.
ADVANTAGES AND RISKS OF ISLAMIC INVESTMENT Toto Toto; Elin Herlina; Nana Darna
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 20 No 2 (2020): Nurani
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.6882

Abstract

In the Islamic context, investing is highly recommended so that the future can be guaranteed. Of course, investments made by Muslims must be in accordance with Islamic rules. Investing in economy Islamic concepts will provide a sense of security and comfort for Muslim investors, without fear of deviating from Islamic teachings. As a devout Muslim, of course, investment choices must be appropriate and in accordance with the concept of Islam. The difference between conventional Islamic investment lies in the benefits given. The advantages of Islamic investment are in the form of profit sharing, while the conventional concept is interest. In the teachings of Islam, interest is haram, because it does not recognize value for money. In the view of Islam, money will not developed by itself but must go through productive and ruleful efforts. The purpose of making this paper is to discuss the advantages and risks in Islamic investment. This paper uses a literature review approach that comes from journals, books, the internet, and other sources. The results show that the advantages of Islamic investment are riba-free, minimal risk, Islamic management, halal and promoting social activities. Meanwhile, the risks that may be faced by investors are the risk of losing capital, the risk of uncertainty of return, and the difficulty of selling investment products. From the results, it was found that currently Islamic investment products are favored by non-Muslims alike. The concept of profit sharing is considered more profitable than interest. It can be concluded that Islamic rules can now be accepted by various groups of people in the world.

Page 1 of 2 | Total Record : 14

 1   2 

Filter by Year

2020 2020


Reset
Filter By Issues
All Issue Vol 23 No 1 (2023): Nurani Vol 22 No 2 (2022): Nurani Vol 22 No 1 (2022): Nurani Vol 21 No 2 (2021): Nurani Vol 21 No 1 (2021): Nurani Vol 20 No 2 (2020): Nurani Vol 20 No 1 (2020): Nurani Vol 19 No 2 (2019): Nurani Vol 19 No 1 (2019): Nurani Vol 18 No 2 (2018): Nurani Vol 18 No 1 (2018): Nurani Vol 17 No 2 (2017): Nurani Vol 17 No 1 (2017): Nurani Vol 16 No 2 (2016): Nurani Vol 16 No 1 (2016): Nurani Vol 15 No 2 (2015): Nurani Vol 15 No 1 (2015): Nurani Vol 14 No 2 (2014): Nurani Vol 14 No 1 (2014): Nurani Vol 13 No 2 (2013): Nurani Vol 13 No 1 (2013): Nurani More Issue