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Arifki Budia Warman
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INDONESIA
JURIS (Jurnal Ilmiah Syariah)
Published by Institut Agama Islam Negeri Batusangkar
ISSN : 14126109     EISSN : 25802763     DOI : http://dx.doi.org/10.31958/juris.v21i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 18, No 1 (2019)" : 8 Documents clear
HUKUM ISLAM DAN PERUBAHAN SOSIAL Muhammad Faisol
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (584.012 KB) | DOI: 10.31958/juris.v18i1.1397

Abstract

It is undeniable that the dynamics of social and Islamic law are intertwined in forming a change. On the one hand, the dynamics and social change occur because of the influence of Islamic law, and in one side the social change affects the development and change of Islamic law. The inscription shows that the Islamic law brought by the prophet Muhammad SAW. has clearly changed the social community order at the time. Social conditions based on poor customs and habits have turned into a society based on Islamic law. Therefore, it can not be denied the change of law because of social change as affirmed in the rule of fiqh. This also demonstrates the nature of Islamic law that always matches the development of the times.
WANITA HAMIL DAN MENYUSUI YANG MENINGGALKAN PUASA RAMADHAN DALAM PERSPEKTIF HANAFIYAH DAN SYAFI'IYAH Amri Effendi
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (670.845 KB) | DOI: 10.31958/juris.v18i1.1370

Abstract

Fasting is one of the pillars of Islam that must be shown by someone who has fulfilled certain requirements. Islamic scholars agree that the fasting of Ramadan must be carried out by every adult, resourceful, Muqim (in his place of residence), and healthy as long as he/she has not been a barrier to fasting, such as menstruation and Nifas for women. The purpose of this discussion is to explain the perspective of Hanafiyah and Shafi'yah against pregnant and nursing women who avoided the fasting of Ramadan. This type of research is a library research (literature research). The results shows that the perspective of Hanafiyah Ulama and Syafi'iyah Ulama about the consequences of the law on pregnant and nursing women who avoided the Ramadan fasting due to fear of safety of herself and her son there are differences of opinion. There were distinction opinion in establishing mandatory fidyah as a result of its law while in concerning fasts agreed upon by both.
MUSTAHIQ ZAKAT FITRAH DAN RELEVANSINYA DENGAN KEWAJIBAN MENUNAIKANNYA BAGI SETIAP MUSLIM (Telaah Pendapat Imam Malik W. 178 H) Mushthafa Mushthafa
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (476.528 KB) | DOI: 10.31958/juris.v18i1.1161

Abstract

It is different from the opinion of other religious scholars who state that mustahiq of zakat fitrah is the same as mustahiq of zakat mall as it is Allah's command in QS. Al-Taubah verse 60. Imam of the Maliki School and some Malikiyah scholars argued that mustahiq of zakât fitrah  is a indigent and poor group, this is based on instructions of Rasulullah SAW. The existence of ikhtilâf in providing group boundaries for this mustahiq of zakât fitrah will be very interesting to be investigated further, especially if it is associated with the obligation to carry out the order zakât fitrah for every Muslim and wisdom contained in the order zakat fitrah.
PEMIKIRAN POLITIK ISLAM NAJM AL DIN AL THUFI (Kajian Siyasah Syar’iyah) Azzuhri Al Bajuri
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (798.792 KB) | DOI: 10.31958/juris.v18i1.1398

Abstract

Najm al Din Al Thufi (Read. Najmuddin At-Thufi) was born in Baghdad Thuf Year 675 H/ 1277 M and died in 716 H in the city of Medina. He is known as the mujaddid mujtahid, al Thufi is considered to be a person who develops liberal thought in Islam because of his thoughts on the theory of mashlahah. This research is a library research using a normative approach and text analysis method. This study wanted to find the truth about Al Thufi liberal thinking in the field of Islamic political mashlahah, the result is that not true when al thufi regarded as liberal scholars, because mashlahah resting on precedence should only be reasonable if not contrary to the texts.
PROBLEMATIKA SOSIAL PENERAPAN HUKUM ISLAM DI INDONESIA Norcahyono Norcahyono
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.221 KB) | DOI: 10.31958/juris.v18i1.1399

Abstract

The application of Islamic law in Indonesia has experienced obstacles since the entry of Western law into Indonesia. So that legal theories were born in response to friction between Western law with Islamic law. Receptie theory emerged as a Dutch strategy for corner and reduce Islamic law in Indonesia. Then, the coming of the theory of Receptie Exit law and Receptio a Contrario legal theory as symbols of resistance to prove that Islamic law still exists in Indonesia. There are two social problems which has a big influence on the application of Islamic law in Indonesia; First: the entry of Western law into Indonesia which intersects with Customary law. Second: Political and cultural influences of the community. In sociological reviews, Islamic law is difficult to be applied in Indonesia, because Islamic law is existed in the area of Religion to territory of the country.
PERKEMBANGAN PERATURAN TENTANG ZAKAT DI INDONESIA Widi Nopiardo
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (417.306 KB) | DOI: 10.31958/juris.v18i1.1369

Abstract

Regulation on zakat is made by the Government with the aim of realizing good zakat governance. Along with the times, existing regulations sometimes no longer accommodate the problem of zakat management in the field. Therefore, the latest regulations are needed regarding the management of zakat. This type of research is library research (library research) using descriptive qualitative analysis. The results of the study show that from 1951 d.d. 2017 there are various regulations regarding zakat, starting from Ministerial Regulations, Presidential Regulations, Government Regulations to Laws. But unfortunately the Law on the management of new zakat was born at the age of independence of the Republic of Indonesia Unitary State which is quite old, namely 54 years. This is marked by the birth of Law No. 38 of 1999 concerning Management of Zakat. In its development Law No. 38 of 1999 was revised to achieve the optimization of zakat management in Indonesia. The result of the revision was the establishment of Law Number 23 of 2011 concerning Management of Zakat. Followed by the issuance of Government Regulation of the Republic of Indonesia Number 14 of 2014 concerning Implementation of Law Number 23 Year 2011 concerning Management of Zakat. In addition, the Presidential Instruction (Inpres) No. 3 of 2014 concerning Optimization of Zakat Collection in Ministries / Institutions, Secretariat General of State Institutions, Secretariat General of State Commissions, Regional Governments, State-Owned Enterprises and Regional-Owned Enterprises through the National Amil Zakat Agency.
PIDANA MATI BAGI PELAKU TINDAK PIDANA KORUPSI MENURUT SISTEM HUKUM DI INDONESIA Muhammad Afdhal Askar
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (417.537 KB) | DOI: 10.31958/juris.v18i1.1410

Abstract

The development of Corruption Crimes has a widespread adverse impact on the lives of Indonesian people life. To stop this, it is needed to be taken a variety of extraordinary efforts including by implementing capital punishment for perpetrators, especially related to criminal acts of corruption that concern to many people that occur when the country is in danger. Even so, not all people agree with the application of capital punishment because it is considered to be conflict with Human Rights, the Constitution of the Republic Indonesia and Pancasila. To analyze these legal issues, various efforts can be taken such as seeing the meaning of the nature of human rights in the perspective of national and international law, interpreting legal norms using appropriate interpretation methods and seeing the existence of capital punishment in the perspective of religious law and customary law. Writing in this study uses a normative juridical approach with the type of data in the form of secondary data which comes from primary legal material and secondary legal material. The writing is done descriptively.
DEKRADASI PERDA KOTA SERANG NOMOR 1 TAHUN 2011 DAN IMPLEMENTASINYA DI KOTA SERANG Dian Pertiwi
JURIS (Jurnal Ilmiah Syariah) Vol 18, No 1 (2019)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (520.457 KB) | DOI: 10.31958/juris.v18i1.1422

Abstract

One of the proposed local government regulations (Perda) proposed by the members of district parliament  (DPRD) of the city of Serang is Perda number 1 year 2011 about the annual parking system in the side of  public road which received records from the Ministry of Home Affairs and Ministry of Finance so that it could not be implemented in Serang City.  The focus of this research is the implications of the unenactment of Perda number 1 year 2011 against the implementation of the local government of Serang. The research method used was qualitative with normative and juridical approach empirically. The results showed that Perda of Serang City initiative could not be enforced because it is contrary to the higher Perda.  Its implications for the regional government of Serang City is the parliament of Serang was not working well in impelementing their legislation function.

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