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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 228 Documents
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The Formalization of Islamic Attire for Students: Differentiation of Discrimination and Intolerance Paradigms in the Case of Perkada Sharia in West Sumatra Jarudin Jarudin; Hermawati Hermawati; Walan Yudhiani; Alfi Syukri Rama; Muhammad Adib bin Samsudin
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8606

Abstract

The law on regional autonomy enacted by the central government is like the horns of a dilemma. The central government considers the formalization of religious aspects as a threat to national and state stability, as demonstrated by regional head regulations (Perkada) requiring students in West Sumatra to wear a veil or hijab. This qualitative research employed interviews, observation, and a study of the Supreme Court decision document No. 17/P/HUM/2021. Data were analyzed using normative juridical approaches and Islamic law through several stages, including data reduction, data display, and verification. This research found that the case arose as a result of an allegation that the school forced non-Muslim students to wear veils, which went viral on social media. In response to this allegation, the central government issued a Joint Decree (SKB) of Three Ministers canceling Perkada Number 451.442/BINSOS-III/2005. LKAAM, the customary holder of the Minangkabau community in West Sumatra, then petitioned the Supreme Court for a judicial review. The Supreme Court granted the LKAAM's request, ruling that the SKB was invalid and ordering the three ministries to revoke it. This case's substance alludes to at least two types of debate. First, the three ministers assumed the petitioner and the Supreme Court had no legal standing, while the Supreme Court's decision stated otherwise. Second, the central government viewed the people of West Sumatra through their local government as discriminatory, intolerant, ignoring children's religious aspirations, and ignoring higher regulations, whereas the Supreme Court decision contradicted the three ministers' arguments and supported the LKAAM argument. As a result, LKAAM won legally but not necessarily politically because the central government had labeled the people of West Sumatra as discriminatory and intolerant.
Family Instability: A Study of Livelihoods during the Covid-19 Pandemic in Tanah Datar Regency, Indonesia Elimartati Elimartati; Nailur Rahmi; Widi Nopiardo; Firdaus Firdaus; Vasco Fronzoni
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6054

Abstract

The Covid-19 pandemic resulted in a decrease in family income. Thus, it gave birth to various forms of difficulties in meeting family needs. Through research, the process of how families survived in earning a living during the Covid-19 pandemic was described. The process included the types of difficulties, impact, and solutions to the difficulties encountered. A qualitative approach was used in conducting this study in which the primary and secondary data were obtained using observation techniques, interviews, focus group discussion, and documentation. The research findings showed that there were three difficulties faced by families from a decrease in their income during the Covid-19 pandemic: difficulties in developing businesses, low family purchasing power, and increasing family needs. These three things then led to family instability with the emergence of conflicts such as domestic violence and divorce which continued to increase during the Covid-19 pandemic. Due to the difficulties, the family made creative business adjustments and got help. Families made business adjustments by looking for alternative sources of income, while external assistance was obtained from community and government institutions. This paper concludes that the creativity developed to meet family needs during a pandemic is urgently needed so that families can continue to survive in difficult conditions.
The Role of Muslim Generation Community at Zakat Collection on Realizing Sustainable Development Goals (SDGs) in the Era of Digital Society 5.0 Rizal Rizal; Ruslan Abdul Ghofur; Pertiwi Utami
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.6562

Abstract

The large potential of zakat funds can support the government’s efforts in alleviating poverty. However, its management has not been seen optimally even though BAZNAS has been designated as the official agency and the only non-structural government agency that manages zakat. This study aims to investigate the important role of the human generation who are members of the Muslim community in collecting zakat at the BAZNAS in the era of digital society 5.0 to realize the SDGs. This study uses a literature study method with library data collection techniques, reading and taking notes, and managing research materials by tracing written sources that have been previously written. This study uses content analysis techniques to obtain written information that focuses on four dimensions, namely human generation, Muslim community, zakat collection, and sustainable development goals. The findings reveal that two generations of humans are members of the Muslim community that have the potential to increase zakat collection. Deeper, Maqāṣid shari’āh as the essence of Islamic law through the values of justice, freedom, and human rights of the Muslim community will support the goal of collecting zakat. The novelty of this research found that building the strength and glory of BAZNAS in the era of digital society 5.0 requires strong social ties from the entire Muslim generation community, especially the younger generation community. The main contribution of this research highlights the ‘zakat movement’ led by BAZNAS to pay more attention to the role of the millennial Muslim generation community and iGeneration in supporting zakat empowerment programs to realize Sustainable Development Goals.
Violation of Human Right for Collateral Fraud in Sharia Financial Institution Based on Fiduciary Guaranty Law and Rahn Law Endang Sriani; Farid Hasan; Sukron Ma'mun
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9157

Abstract

Fiduciary law in Indonesia and the Islamic concept prohibit the use of collateral that is not one’s own and without the authorization of the owner, but the reality that occurs at BMT BM is not the case. This research aims to analyze the practice of using objects on behalf of others as collateral for ijarah multijasa financing in sharia financial institutions from the perspective of Fiduciary Guarantee Law and Rahn Law. This research is a field study with a legal approach. The empirical results show that although it has been regulated in the law, the use of objects that are not owned and without the permission of the owner as collateral still occurs. There is a way to circumvent the rules, particularly when it comes to the creditor’s obligation to register fiduciary objects but reluctance to do so. As a result, protecting third parties is not achieved. The findings indicate that, to ensure that the parties’ rights are still protected, the government must create a legislation on fiduciary that will take into account debtors with tiny nominal debts who feel burdened by the costs of registering fiduciary objects, as was the case in BMT BM.
The Impact of Religiosity on the Malaysian Muslim Community’s Attitude Towards the Practice of Cupping Hamza Abed Alkarim Hammad; Irwan Mohd Subri; Hasanah Abd Khafidz
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8461

Abstract

This study identifies the Muslim Malaysian community’s attitudes towards cupping therapy in contrast with some variables such as: Gender, Age, Residence, Marital status, and Academic achievement. To achieve this goal, the researcher made a questionnaire consisting of 20 paragraphs, and it was distributed electronically randomly, during the period ranging from 10-8-2021 to 9-2- 2022, and the number of respondents to this questionnaire was 420 individuals. The results of the study showed a positive trend towards cupping in the Malaysian society, also, showed there are statistically significant differences in the attitudes of the Malaysian society towards cupping due to a variable Gender and Age, there are not statistically significant differences in the attitudes of the Malaysian society towards cupping due to a variable Marital Status, Higher Education, State of Residence and Living Area. The inclination of the Malaysian Muslim community towards cupping therapy (Hijama) confirms the desire of Muslims to emulate the Prophet (Peace be Upon Him) in this practice. As such, this study does not seek to explain the importance of Hijama, but it came to confirm that Muslim communities are interested in following the Prophetic Sunnah, so it is a practical study of Sharia, concerned with practical application for this type of therapy. Moreover, the study is based on the purposes (Maqasid) of Sharia, as the results of the study showed that cupping therapy has practical benefits in the health of the body, and the protection of the body and soul are derived from the Maqasid Sharia.
Sociological and Political Constraints of Islamic Sharia Enforcement in South Sulawesi Indonesia Ahmad Faisal; Saidah Saidah; Mukrimin Mukrimin; Zakirah Zakirah; Rizal Darwis
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.8604

Abstract

The objective of this study is to examine the challenges encountered by Islamic Sharia Enforcement Committee in South Sulawesi by analyzing the responses of charismatic ulama. Qualitative methods, such as observation, interviews, and documentation, were employed to conduct a descriptive and critical analysis. The result showed that the primary obstacle to the wider acceptance of the idea lies in the sociological rejection of ulama. Ulama opposed the plan due to their epistemological understanding of Sharia and strategic approach to advocating it within the Unitary State of the Republic of Indonesia (NKRI). Politically, they gave a substantive and cultural notion instead of formalistic and structural discourse because there are no circumstances in South Sulawesi that may force the state to grant special autonomy like in Aceh. The contemporary thinking of ulama is shaped by education and practical experience, enabling them to consider contextual factors openly. The views of the Indonesian ulama on implementing Islamic Sharia are influenced by political failures, genuine religious beliefs, and political accommodations made to address Muslim aspirations. Furthermore, the results showed a decreasing trend in the scripturalist-formalistic approach to enforcing Islamic Sharia, while the substantialistic tendency is growing in popularity.
Characteristics of Hate Speech and Freedom of Expression in the Perspective of Maqāṣid Al-Sharī’ah Agus Purnomo; Umi Sumbulah; Nor Salam; Hikam Hulwanullah
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9446

Abstract

This article discusses the model of freedom of speech that is prohibited and categorized as hate speech using the maqāṣid al-sharī’ah approach. The prohibition and sanctioning of hate speech has been a dilemma. On the one hand, it prevents someone from hurting other people’s feelings. On the other hand, it violates freedom of speech. This research is a literature study in which the data were obtained from the texts of the Qur’an. Through normative-empirical and maqāṣid al-sharī’ah approaches, this study reveals that freedom of speech is part of human rights, which in the maqāṣid al-sharī’ah perspective can be categorized as protection of freedom of thought (ḥifẓ al-’aql). However, when freedom of speech is not controlled, it can potentially become hate speech that can threaten another maqāṣid al-sharī’ah, namely the protection of the soul (ḥifẓ al-nafs). The identification and categorization of an action as hate speech or an expression of freedom of speech are based on the benefits. The findings of this study are expected to educate the public in distinguishing between freedom of speech and hate speech according to maqāṣid al-sharī’ah to minimize conflict and hostility.
The Living Fiqh: Anatomy, Philosophical Formulation, and Scope of Study Zelfeni Wimra; Yasrul Huda; Mahlil Bunaiya; Abdul Rahim Hakimi
JURIS (Jurnal Ilmiah Syariah) Vol 22, No 1 (2023)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v22i1.9491

Abstract

The living fiqh is derived from the living al-Quran and the living al-Hadith. It requires refining its formulation and methodological model as a contemporary socio-anthropological approach to fiqh. This article discusses the formulation of the concept of the living fiqh both deductively and inductively-abductively. The aim is to formulate and present this conception as a new approach or model of study and evaluation of fiqh practice in the contemporary era. The method used is abductive construction based on integrating fiqh into the behavior of its participants in various cultural clusters of Islamic society. The result found in this research is the formulation of the concept of The Living Fiqh as an explanation for society's acceptance of fiqh not only as knowledge but also as a practical guide in their lives. The implication is the availability of a sociological framework of fiqh that can explain the integration of fiqh in the daily life of Muslim communities spread across various models of cultural practices.

Page 23 of 23 | Total Record : 228

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