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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 14 Documents
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Search results for , issue "Vol 22 No 1 (2022): Nurani" : 14 Documents clear
Practice in Making Notarial Agreements in Unregistered Marriage in Indonesia Bayturrochmah Siti; Fitriani A. Sjarif; Heriyono Tardjono
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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 Syaiful Alim
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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 Achmad Fikri Oslami
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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; Layang Sardana; Ramanata Disurya
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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 Restu Fitria; Muhammad Adnan Azzaki; Abdul Mustaqim
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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 Lukmanul Hakim; Aisyah Karnila Nady Putri
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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; Muhammad Harun; Fauziah Fauziah; Muhammad Abdillah
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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 Prio Handoko; Duski Ibrahim; KA Bukhari
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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.
The Differences of Men's and Women's Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy Syabbul Bachri
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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 Ade Nur Rohim
Nurani: Jurnal Kajian Syari'ah dan Masyarakat Vol 22 No 1 (2022): Nurani
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.

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