JURIS (Jurnal Ilmiah Syariah)
FOCUS JURIS provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in Sharia. SCOPE JURIS encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: 1. Islamic Family Law 2. Islamic Economic Law. 3. Islamic Constitutional Law 4. Islamic Criminal Law 5. Other Islamic law/Sharia
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<![CDATA[REORIENTASI LGBT DI INDONESIA (STUDI FIQH AL-HADITS) ]]>
<![CDATA[Mahdalena Nasrun]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.956
<![CDATA[Liberal NGOs such as Ardhanary Institute, Gaya Nusantara and Arus Pelangi devoted their bodyfor LGBT with a statement “my body is mine, not the one who has the right to govern my body, notthe parents, the state, and even the religion”. This movement is disturbing the community. Theresearch question of the study was how did LGBT exist in Indonesia? And how does fiqh al hadithview about LGBT. This study used normative legal research. The result of this study revealed that theexistence of LGBT in Indonesia in its history. Prohibition and punishment have been explained inthe book of Tuhfah al Ahwaz , the fatawa of MUI (Indonesian Council of Ulama) (1974, 2014)in line with the criminal code article 292 homosexsual acts, article 4 point 1a of the law onpornography and contradictory to article 1 of law № 1 of 1974 about marriage.]]>
<![CDATA[KONTRIBUSI KESUKSESAN RANTAU TERHADAP PENINGKATAN EKONOMI MASYARAKAT DI DAERAH ASAL (STUDI USAHA FOTOKOPI MASYARAKAT ATAR) ]]>
<![CDATA[Farida Arianti]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.964
<![CDATA[This study investigated the contribution of the success of local migrants (perantau) from Atar toward the economic development of the community in the region of origin, and the factors contributing to the success . This study was a quantitative research that sought the extent of the contribution of the success of perantau to the economic development of communities in the area of origin. The data were collected by using questionnaire and analyzed by using linear regressional analysis. The findings showd that the influence of solidarity on economic improvement can be seen as follow: Y = 23.326 + 0.014. X. This showed that each one unit solidarity increased the economy of 0.014. Factors contributing to the impact of the success were the desire to develop Atar community in the business of photocopying. In addition, seeking independent work and not becoming employee forever.]]>
<![CDATA[PIDANA MATI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM PIDANA ISLAM ]]>
<![CDATA[Roni Efendi]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.965
<![CDATA[Debatable of the death penalty actually based on the issue of justice, humanity and the prevention of the possibility of crime. The reasons for the rejection of the death penalty are not justified in the view of life as well as humanitarian factors and the imposition of capital punishment will not be able to prevent crime and reduce crime rates. But for those who agree with the imposition of capital punishment because of the sense of justice and peace that is in the community. The portrait is just a glimpse of the issue that colored the discourse on the pros and cons of the existence of capital punishment. Between the retensionist and the abilitionist against true the death penalty has an argument each based on his theoretical framework and norms. Indonesia as one of the countries with the European Continental legal system still apply the death penalty in punishment system beside Saudi Arabia with qhisash which applid in Islamic Law system. Both countries have a legal standing built on the meta norms, their theories and philosophies each of course has its own urgency to be discussed in the midst of countries that condemn the existence of capital punishment. Here's an article that analyzes comparative relation to the application of thedeath penaltyin both countries that embraces the different legal system, from this comparative study will contribute thoughts in the reform of criminal law in Indonesia.]]>
<![CDATA[PERSUSUAN (AR-RADHAA’) MENJADIKAN KEMAHRAMAN DALAM PERKAWINAN (KAJIAN TAFSIR MAUDU’I ALQURAN SURAT AN-NISA AYAT 23) ]]>
<![CDATA[Thoat Setiawan]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.957
<![CDATA[The implementation of marriage in Indonesia has been equipped with regulations regarding the legal requirements of marriage. One of them is the regulation concerening with whether marriage is permitted by a couple of sepersusuan (a couple who belongs to the same breast feeder) since thetre still marriages that are performed by such couples. This study therefore aimed to figure out the status and posistion of marriage a couple of sepersusuan. The problem of the research in this study was formulated in the following question: what is the status and position regarding with the legal consequences of marriage by sepersusuan couples in the framework of Islamic law.The research method used was Tafsir Maudhu’i Discussion by collecting and systematically compiling the verses and trying to summarize the interpretations of the commentators (interpreters) on the verses of the Qur'an associated with the theme of sepersusuan (ar-Radhaa ') Making it Permitted In Marriage. After that it was described by observing the Munasabah and Asbabun Nuzul of the verses by referring to some of Tafsir al-Munir's primary sources, Tafsir al-Misbah, Tafsir Ibn Katsir.]]>
<![CDATA[PENARIKAN HARTA HIBAH OLEH ORANG TUA TERHADAP ANAKNYA ]]>
<![CDATA[Azwar Hamid]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.958
<![CDATA[Considering the love and affection of parents that have been given to their children, it can be humanly judged that if the parents take back (ruju’) the property that they have granted to their children, then this withdrawal may be justified. However, when speaking of Islamic laws, what are the regulations found in Islamic law concerning with ruju’? Is it legally permitted? Dealing with this issue, Islamic scholars have different opinions. This research was library research with descriptive analysis. After analyzing the opinions of Imam Syafi'i and Imam Abu Hanifah dealing with ruju’ which were suppoted with the reason of the two scholars, it can be concluded that the opinions of the two scholars can be used and carried out in accordance with the regulations that allow and forbid to withdraw the grant property.]]>
<![CDATA[TA’ARUF DAN KHITBAH SEBELUM PERKAWINAN ]]>
<![CDATA[Isnadul Hamdi]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.959
<![CDATA[This research was motivated by the number of potential married couples who do not perform Ta'aruf (islamic acquintance) process in accordance with Islamic teachings. In addition, there are still parents who tend to make economic and customary factors rather than religious ones. In the practice of khitbah, there are still customary rules that complicate that in turn prevent the marriage. The purpose of this research is to investigate information from the Qur'an about the concepts of Ta'aruf and Khitbah in accordance with Islamic teachings. This research was a library research which was done by collecting, reading, and reviewing books that have something to do with this discussion. The primary sources were the Qur'an and Tafsir related to the concept of Ta'aruf and Khitbah . The results of research showed that the concept of Ta'aruf in Al-Qur'an refers to being familiar with personality, social background, culture, education , family, and/or religion, while khitbah in Al-Qur'an refers to something which is done after the couple have felt they match through ta'aruf process. Khitbah (engagement) can be delivered with indirect or with a clear direct expression. Indirect engagement is done to the widow who is still in the iddah period. While the proposal with a direct expression is dcelivered to the widow who expired the period of iddah and to the virgin. Ta'aruf and khitbah in the Qur'an advocate to prioritize the religious aspect than any other factor since it is only religion that will be able to perpetuate marriage. In contrast, wealth, heredity, position and beauty will fade and one day will be lost. The Qur'anic rules on Ta'aruf and the Khitbah do not allow khalwat (solitary).]]>
<![CDATA[TRANSAKSI OBLIGASI SYARIAH (TINJAUAN TRANSAKSI OBLIGASI MENURUT PRINSIP-PRINSIP SYARIAH) ]]>
<![CDATA[Maisarah Leli]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.960
<![CDATA[One model of economic development in the era of globalization is the rapid development of capital markets in a country. Capital market is one form of alternative fundings for business development and possesses strategic place in the framework of national development, and investment facilities for investors who have excess funds. Many investors capitalize on the capital market to conduct investment portfolios of interest, and among the options used are bonds. Indonesia which applies dual system banking system realizes that instead of transactions originating from Conventional Financial Institutions, there are also ones in Sharia Financial Institutions. Basically, the the principle differences between the conventional economic system with the syari'ah economic system is the prohibition of transactions that use usury, which has been used by the Bank / Conventional Financial Institution. Syari'ah bonds are belived to be prospective, but their development is still hampered in technical problems and public understanding of this transaction. Less effective and efficient socialization and less familiarity of the people toward the profit and loss sharing transactions, or other sharia principles make people still think that Islamic bonds are the same as those of conventional. As a result the think that interest is identical weth profit sharing.]]>
<![CDATA[SUKUT AL-SYÂRI` DALAM PERSPEKTIF IMAM AL-SYATHIBY DAN KEHUJJAHANNYA DALAM IJTIHAD ]]>
<![CDATA[Al Ikhlas]]>;
<![CDATA[Riza Wardevi]]>;
<![CDATA[Rahmi Wiza]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.966
<![CDATA[Islam is a perfect religion and there is no Samawi religion after Islam. All laws are derived from alShari (AllahSwt) and this has covered all forms of human behavior. All these provisions are revealed to the Prophet Muhammad PBUH. So this makes Rasulullah PBUH as the main source in teaching syari `at. However, after Rasulullah PBUH past away there is no more revelations that come down to humans. This is the problem among Muslims. On that basis, Imam al-Syathiby gave birth to the concept of sukut al-Syari ' as one method of ijtihad in answering the absence of legal proof in Islam.]]>
<![CDATA[DISKRESI HAKIM DALAM MENETAPKAN HUKUM DI PENGADILAN AGAMA KELAS IB BATUSANGKAR ]]>
<![CDATA[Sri Yunarti]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.962
<![CDATA[So far the verdict courts made by Pengadilan Agama (PA/ Family Court) have been criticized for being too fixated on legal justice approaches and lack of attention to social justice approaches. This criticism demands that judge's understanding of the law holds to the spirit that underlies the formation of the law. The judge needs to use his or her authority to exercise legal discretion, using more moral rather than formal legal ideas. A judge must understand the law in the right contest and act as a creative lawyer. Discretion is the authority of the judge to decide cases with more consideration of the senseof justice, public interest and morality, which develops in society rather than deciding on the basis of the decisions of the regulations contained in the Law. This authority can be used an alternative in response to the absence and weaknesses in the application of legal principles in Civil Law System. Thus the law is expected to play a maximum role to serve the interests of the dynamic community put the interests of both parties who are in dispute and growing as well.]]>
<![CDATA[PERKEMBANGAN FATWA MUI TENTANG MASALAH ZAKAT ]]>
<![CDATA[Widi Nopiardo]]>
<![CDATA[ JURIS (Jurnal Ilmiah Syariah) Vol 16, No 1 (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Batusangkar ]]>
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DOI: 10.31958/juris.v16i1.967
<![CDATA[In the management of zakat, of there are parties that require regulations and need fatwa as a reference in the management of zakat. This type of research was normative research using qualitative analysis. The type of data in this research were secondary data which were taken from relevant books, internet media, documents, and previous research which studied about the farwa of about zakat. The data were analyzed by using qualitative data with method of analysis and normative study based on existing written sources. The results showed that from 1982 s.d. 2011 there were 10 fatwas discussing zakat that can be presented in detail as follow: 2 fatwas in 1982, 1 fatwa in 1996, 2 fatwas in 2003,1 fatwa in 2009,and 4 fatwasin 2011.]]>
