Juris Jurnal Ilmiah Syariah最新文献

{"title":"THE URGENCY OF FATWA IN THE LAW OF SHARIA ECONOMICS IN INDONESIA","authors":"E. Renie","doi":"10.31958/juris.v20i2.4059","DOIUrl":"https://doi.org/10.31958/juris.v20i2.4059","url":null,"abstract":"Fatwas of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), in the field of sharia economics, has filled the legal vacuum related to the economic activities of the people. The increased of activity in the Mu'amalah area which is so fast requires a responsive fatwa. It can be seen from the rapid development of financial products for sharia financial institutions today. The legal strength of a fatwa is non-binding because it is not included in the constitution hierarchy in Indonesia which has caused debate for some people. But, several DSN-MUI fatwa have been transformed into part of national law, such as constitution No. 21 of 2008 concerning Banking, and some of which have also been absorbed into Bank Indonesia regulations, Syari'ah Financial Services Authority Regulation (OJK). This paper tries to analyze the role of fatwas in filling the legal vacuum in the development of the shari'ah economy in Indonesia and how the fatwas of the DSN-MUI can be transformed into national law. The author concludes that the role of DSN-MUI as the only institution that issued a fatwa related to the activities of shari'ah financial institutions in Indonesia is very important in the area of national legal politics.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47610982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MANIFESTATION OF SHARIA REGIONAL REGULATIONS IN MANAGING SOCIAL MORALITY","authors":"M. Sabir, N. Nazaruddin","doi":"10.31958/juris.v20i2.3276","DOIUrl":"https://doi.org/10.31958/juris.v20i2.3276","url":null,"abstract":"This study discuss about the manifestations of shariah perda in managing of sosial morality. The type of this research is a qualitative descriptive using the sociological, historical and normative juridical approaches. The results of this study suggest that the sharia regional regulations are established based on the Koran and hadith. In the history of its formation, it is inseparable from the formation of national law by observing the three periods of its formation, especially regarding regional autonomy. It is also necessary to understand that if you look at the position of regional regulations, especially sharia regulations by looking at the legal system in force in this country, it can be understood that Islamic sharia has an important position in the formation of law in Indonesia. This regulation aim of safeguarding and protecting the dignity of the community. Although there is opposition and rejection of it, this rule is in accordance with the national legal system and makes a great contribution to managing people's lives. Because one of the functions of law is to regulate or control the actions and behavior of the community so as not to do actions that are detrimental to themselves and to the surrounding community.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42526665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE EXISTENCE OF NEW DIRECTION IN ISLAMIC LAW REFORM BASED ON THE CONSTRUCTION OF IBNU QAYYIM AL-JAUZIYAH’S THOUGHT","authors":"Asrul Hamid, D. Putra","doi":"10.31958/juris.v20i2.3290","DOIUrl":"https://doi.org/10.31958/juris.v20i2.3290","url":null,"abstract":"This study examines the Islamic legal thought of Ibn Qayyim al-Jauziyyah in carrying out legal istinbath. Ibn Qayyim al-Jauziyyah is a figure who lived in the XIII century, during which various religious aberrations emerged. The circumstances he was facing significantly influenced some of the ijtihad that he put forward. Therefore, he was well-recognized as a reformer among other scholars of Hanbali school. This research is a character study with a descriptive method using a benefit approach (maqashid al-syariah). The results of this study are about the invitation of Ibn Qayyim al-Jauziyyah to freely exercise ijtihad but in accordance with the Maqashid al-Shari'ah corridor, that is by upholding the principle of maslahah. Because of this, Ibn Qayyim al-Jauziyyah argued that ijtihad can develop according to the times, and the law at his time needed to be more relevant in dealing with and overcoming various circumstances that brought about novel and more complicated problems. This thought emerged as a reaction to the opinion among Muslims who assumed that the door of ijtihad had been closed. Abstrak: Artikel ini mengkaji pemikiran hukum Islam Ibnu Qayyim al-Jauziyah dalam menjalankan istinbath hukum. Ibn Qayyim al-Jauziyyah adalah seorang tokoh yang hidup pada abad XIII, di mana berbagai penyimpangan agama muncul. Keadaan yang dia hadapi sangat mempengaruhi beberapa ijtihad yang dia kemukakan. Oleh karena itu, ia dikenal sebagai seorang pembaharu di antara ulama mazhab Hanbali lainnya. Penelitian ini merupakan penelitian karakter dengan metode deskriptif dengan pendekatan kemaslahatan (maqashid al-syariah). Hasil dari penelitian ini adalah tentang ajakan Ibnu Qayyim al-Jauziyyah untuk bebas berijtihad namun sesuai dengan koridor Maqashid al-Syariah, yaitu dengan menjunjung tinggi prinsip kemaslahatan. Oleh karena itu, Ibnu Qayyim al-Jauziyyah berpendapat bahwa ijtihad dapat berkembang sesuai dengan perkembangan zaman, dan hukum pada masanya perlu lebih relevan dalam menghadapi dan mengatasi berbagai keadaan yang memunculkan persoalan baru dan pelik. Pemikiran ini muncul sebagai reaksi atas pendapat di kalangan umat Islam yang beranggapan bahwa pintu ijtihad telah tertutup","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41921436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PRINSIP PERHUBUNGAN AWAM MENURUT PERSPEKTIF ISLAM: PENELITIAN KONSEPTUAL","authors":"Ahmad Al-Munzir Ridzuan, Nor'azzah Binti Kamri, Zulkifli Haji Mohd Yusoff","doi":"10.22452/js.vol29no2.7","DOIUrl":"https://doi.org/10.22452/js.vol29no2.7","url":null,"abstract":"Public relations are one of the essential elements for most of the organisations today. It is a center of focus in the organisations for channeling and disseminating the information both internally and internationally. Usually, public relations unit is the entity that responsible and directly involved in the public relations process. However, in the absence of a dedicated public relations unit, other people or units play a role in carrying out public relations responsibilities. In fact, most of the organisations use public relations to handle current issues or difficulties. Besides, it is used as one of the channels to publicize the achievements and successes achieved by the organisations. While conducting public relations, it might cause several issues such as non-transparency, interruption and inconsistencies. These should be avoided because they are not only destroying the social norms but also religious norms. Thus, this article will explain the fundamentals of Islamic public relations. Data are gathered through library study, as well as research on the Qur’an, Sunnah, and history. Next, it will be analysed using content analysis. Based on the findings, there are five elements of Islamic public relations: (1) create understanding, (2) protect the truth, (3) honor the promises, (4) use acceptable language and (5) take appropriate approach. The outcomes of this research will contribute to the development of knowledge in the field of public relations in general and Islamic public relations in particular.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"37 3 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80187295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE COMPARATIVE STUDY OF DOWRY REGULATIONS IN INDONESIA AND MOROCCO LEGISLATIONS","authors":"Ali Trigiyatno","doi":"10.22452/js.vol29no2.3","DOIUrl":"https://doi.org/10.22452/js.vol29no2.3","url":null,"abstract":"This article compares dowry regulations in Indonesia and Morocco. Bearing in mind that Indonesia and Morocco have different characteristics in dowry matter, the regulations are worth comparing for. As understood in Islamic marriages, dowry is an important obligation and must be fulfilled by the bridegroom for the bride. Normative Islamic teaching advocates for dowry that is simple and reasonable, but in practice, sometimes dowry becomes expensive and difficult to be given, and thus, causing unfavorable effects. In addition, dowry also has the potentials to be subjected to disputes between husband and wife if not regulated by legislation in details. The author uses a comparative study of law guided by a normative approach through library research. The main source is the statutes of two countries. Analysis technique used is content analysis. As a result, it is found that with different backgrounds of fiqh school in Indonesia and Morroco-one being strongly influenced by Shāfi‘ī school and the other is influenced by Mālikī school-have similar rules on dowry. The only significant difference is that the Mālikī School and its legislation in Morocco considers dowry as a marriage pillar. Meanwhile, the Shāfi‘ī school and its legislation in Indonesia, even though the dowry is regarded as compulsory, it does not become a condition or a marriage pillar. Other differences are the definition of dowry, regulation of wife’s luggage, lost dowry, defective dowry, introduction of mithil dowry, regulation of dowry disputes before entering the household, and regulation of furniture disputes other than the wife’s luggage.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90057826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A SYSTEMATIC REVIEW OF CONTEMPORARY AND INNOVATIVE WAQF SOURCES: CASH AND SERVICE WAQF","authors":"Muhammad Tariq Rahmalan, Mohd Fauzi Abu Hussin","doi":"10.22452/js.vol29no2.5","DOIUrl":"https://doi.org/10.22452/js.vol29no2.5","url":null,"abstract":"Waqf has been one of the major sources of public financing in Islamic tradition. Since early Islam, waqf serves the needs of the ummah in various realms, including education, social development and public needs. Traditionally, waqf has been in the form of fixed and tangible assets. Up until recently, cash waqf has been proposed as one of the sources of waqf. On the other hand, there has been also a suggestion to innovate the practices of waqf in order to assure that they meet the current challenging world. One of the new innovatives of funding waqf sources apart from cash waqf is Service Waqf. Giving this background, this paper endevour to do a systematic review analysis of the Service Waqf as well as well established cash waqf practices as innovatie way for diversifying waqf source in Malaysia. In reviewing the topics systematically, this paper gathered all related articles from Emerald Insight, Google Scholars, Jstor, and Scopus databases. Relevant journal articles were being searched via the internet in several database sources using advanced searching features available in those database based on specific keywords. The relevant journals were selected based on the latest findings which had been published between year 2010 until 2020. From the systematic review analysis, 20 journal articles regarding ethical issues in gamification were filtered and selected using PRISMA statement. Findings from this systematic analysis show that issues pertaining to the cash waqf were among the major discourse in the waqf innovation. Much have been emphasised on the waqf management and governance and also the reason waqf application in a institution. Less has been given into the service waqf and its benefits to communities.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82934678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CONCEPTS AND BASIS OF INTERNATIONAL RELATIONS IN ISLAMIC GOVERNMENT PERSPECTIVE","authors":"Z. Arifin, S. Saliro","doi":"10.22452/js.vol29no2.4","DOIUrl":"https://doi.org/10.22452/js.vol29no2.4","url":null,"abstract":"After the Muslims spread Islam throughout the universe, the contact of the Muslims with the a‘jam nations had entered a new chapter in international relations. Territorial boundaries displayed in plain sight do not make Muslims limit themselves in interactions between countries. The relationship between Muslims and other nations is inspired by the teachings of Islam itself, which requires Muslims always to maintain peace between Muslims and internal and external Muslims. Islam has laid the foundation of peace in international relations with one main stipulation that Muslims are not allowed even to interfere in the internal affairs of other nations. The methodology used in this research is to use a literature review approach, namely reviewing the literature related to this research. The purpose of this study is to reveal how Islam regulates relations with non-Muslims, both in the territory of Islam and with the region of non-Muslims, as exemplified by the Prophet Muhammad how he established links with the Quraish infidels through the Hudaybiyah agreement and with the other unbelievers such as the agreement contained in the Medina Charter. The results of this study revealed that since the time of the Prophet Muhammad, SAW had taught to have good relations with other nations, and it was passed on by the companions of the Prophet, even regarding today how each country should maintain good relations with other countries and of course it can be profitable for both countries.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"265 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81827280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ANALISIS TADBIR URUS MAJLIS PERBANDARAN JASIN: IMPLIKASINYA TERHADAP KUALITI HIDUP PENDUDUK DARI PERSPEKTIF MAQĀṢID AL-SHARĪ‘AH","authors":"M. H. Ibrahim, Mohamad Zaidi Bin Abdul Rahman, Osman Rasip","doi":"10.22452/js.vol29no2.6","DOIUrl":"https://doi.org/10.22452/js.vol29no2.6","url":null,"abstract":"Governance is an important thing for Local Authority to ensure resident’s life in good condition at their administration area. In this study, the Researcher used the quality measure of life from the Malaysian Quality of Life Index 2011 such as housing, environment, health, safety and transportation & communication to explore the impact of local government’s administration on quality of life. The objective of this study is to detect the existence of elements of Maqāṣid al-Sharī‘ah in the quality of life governance of Jasin Municipal Council, to study how the Jasin Municipal Council manage the quality of life of residents under its jurisdiction and to know the extent of Jasin Municipal Council on the issue of quality of life. this study uses a fully qualitative method through the analysis of interviews, documents and observations. Overall, this study shows that the quality and performance of Jasin Municipal Council’s services can affect the quality of life population in its administrative area. Beside that, this study also shows Maqāṣid al-Sharī‘ah should be given a priority on each of their action because Maqāṣid al-Sharī‘ah is an objective to better of life.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89794883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"HARMONIZATION IS THE ONLY “GAME” IN TOWN; ACTUALIZING THE FUNCTIONALITY OF VITAL ISLAMIC FINANCIAL INSTITUTIONS: A CASE OF WAQFS IN NIGERIA","authors":"O. S. Saidu, M. Çizakça, Rodney Wilson","doi":"10.22452/js.vol29no2.1","DOIUrl":"https://doi.org/10.22452/js.vol29no2.1","url":null,"abstract":"While it is true that more often than not, constitutional democracies might enshrine freedom of religion and thus provide for equal treatment of all religions within a given state, the Islamic characterization of the waqf institution transcends the subsisting limits allowed for in the not-for profit legal infrastructure including their taxation exemption provisions in the Nigerian state. According to modest statistics, Nigeria is home to about 100 million Muslims but her governing laws are at best described as secular. The objective of this research is therefore to harmonize the Islamic law of waqf institution and the extant not-for-profit laws in Nigeria such that the institution can function within the Nigerian state without infringing on the Islamic Shariah whilst at the same time complying with the constitutional dictates of the country. The merits of such an exercise are numerous. It could readily be replicated in other non-Muslim jurisdiction across the world. Nigeria being the largest economy in Africa, the dividends of such an exercise would cascade across the continent consisting mainly so called developing countries.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81157596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SOUTH AFRICAN NATIONAL DEFENCE FORCE (SANDF) DROPS CHARGES AGAINST HIJAB-WEARING OFFICER: CASE IN POINT SOUTH AFRICA","authors":"Ashraf Booley","doi":"10.22452/js.vol29no2.2","DOIUrl":"https://doi.org/10.22452/js.vol29no2.2","url":null,"abstract":"Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and international level. The veil as worn by some Muslim women has assumed iconic proportions around the globe. To some it symbolizes piety to others, oppression. To some it is a rejection of Western morality to others, a rejection of modernity. To some, it is a religious statement supporting Islam as a way of living; to others, a political statement supporting violent Islamists. These disparate attributions exemplify the power of nonverbal communication and support the maxim that words and objects contain no inherent meaning; only people assigned meaning. This article discusses the status of religious rights and freedoms under the South African Constitution. One aspect of this change is the change that has affected the various religions, cultures, and customs in South Africa. It is therefore, viewed by many as a constitution for the people of South Africa which includes a Bill of Rights. Historically speaking, for the very first time since colonialism, all religions were guaranteed the of religion. Furthermore, religions, cultures and languages are deep-rooted in the various constitutional provisions, namely, sections 9(3), 15(1) to (3), 30, 31, 185 and 234 respectively. These constitutional provisions are solidified by section 7 which obliges the state to respect, protect, promote and fulfil the provisions set forth in the Bill of Rights. The article concludes with an argument for the recognition of plurality of religions and religious legal systems in South Africa.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78816561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}