Juris Jurnal Ilmiah Syariah最新文献

{"title":"FIQH AL-AQALLIYYAH AND MUSLIM MINORITIES IN A NON-MUSLIM COMMUNITY","authors":"K. A. Adegoke","doi":"10.22452/js.vol29no1.1","DOIUrl":"https://doi.org/10.22452/js.vol29no1.1","url":null,"abstract":"This study researches into the legal theory of fiqh al-aqaliyyah and Muslim minorities in a contemporary non-Muslim community. In order to achieve this objective, the paper examines the fiqh al-aqalliyyah, its legal position in Islamic jurisprudence, its legal instruments and its applicability to lessen the physical, social, financial and emotional hardships or difficulties encountered by Muslim minorities who find themselves in an unfamiliar non-Muslim environment. Research method used in this study is expository, descriptive and analytical in order to showcase the applicability of fiqh al-aqalliyyah in the modern legal theory within the context-specific and needs-based neo-ijtihād legal rulings for Muslim minorities. Conclusively, the paper makes findings that context-specific and needs-based neo-ijtihād legal rulings of fiqh al-aqalliyyah is still viable in this contemporary period to arrest new jurisprudential challenges facing the Muslim minorities in non-Muslim communities. Also neo-ijtihād exercise of fiqh al-aqalliyyah from a competent Islamic jurists and legal theorists of a particular society is meant for that society only and should not be given general or universal application so as not to cause confusion in the context-specific and needs-based jurisprudential response. Finally, the study recommends that Muslim minorities should make use of the Islamic jurists and legal theorists’ neo-Ijtihād exercise of fiqh al-aqaliyyah which are peculiar to their environment in procuring solutions to some of the contemporary Islamic jurisprudential challenges facing them in the non-Muslim community.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87467042","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":"PROBABILITY OF DEFAULT MEASUREMENT MODELS OF MERTON ON SHARIAH BANKS AND CONVENTIONAL BANKS IN INDONESIA FOR 2011-2017 PERIOD","authors":"Okta Silvira, L. Rani","doi":"10.22452/js.vol29no1.4","DOIUrl":"https://doi.org/10.22452/js.vol29no1.4","url":null,"abstract":"This paper provides empirical evidence of the comparison default risk in Islamic banks and conventional banks in Indonesia over the 2011 to 2017 period. The calculation of bank default risk using a Merton Model has allowed the measure of the Distance-to-Default (DD) and Default probability (DP). This study was extended to investigate the differences of bank default risk between Islamic banks and conventional banks with the employ of T-test. The evidence shows Islamic banks as banks that are far from the Possibility of Default Risk rather than conventional banks. The T-test indicates that there are significant differences in the Probability of Default values between Islamic banks and conventional banks. These findings could be relevance to regulators in Indonesia to support the growth of Islamic, which helps in maintaining financial system stability and avoiding systemic risk.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86638168","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":"LIABILITI BAGI PENIPUAN TORT DALAM FORENSIK","authors":"N. Ismail, Abd Basir Mohamad","doi":"10.22452/js.vol29no1.7","DOIUrl":"https://doi.org/10.22452/js.vol29no1.7","url":null,"abstract":"Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongly given in the trial. This has a significant effect on both the claimant and the defendant. As a result, the question arises as to what is the liability for tort of deceit in forensic according to tort and Islamic law. The purpose of this study is to define the meaning of deceit in tort and Islamic law as well as the liability for tort of deceit in forensic. This is a case study which gathered materials based on literature reviews, including cases published in Malaysian legal journals as well as cases addressed by fuqaha. The study was analyzed using thematic and descriptive methods. The study found that deceit is an offense according to tort and Islamic law. The liability for tort of deceit by a forensic expert must be determined on the grounds of which the deceit was knowingly committed while testifying to the evidence before the court. This study has implications to the judiciary; legal practitioners in Malaysia and to the forensic experts who were called to adduce evidence in court.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84130202","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":"ENDOWMENT AND WAQF FUNDS IN MALAYSIAN HIGHER EDUCATION: A CONCEPTUAL STUDY","authors":"N. Hasbullah, A. Rahman","doi":"10.22452/js.vol29no1.6","DOIUrl":"https://doi.org/10.22452/js.vol29no1.6","url":null,"abstract":"Higher Education Institutions (HEIs) require sustainable sources of income to fund operating costs. The role of endowment funds has always been significant in providing financial sources to these institutions. In Islam, an endowment is known as waqf. As the differences in these two types of funds are found to be indistinctive, this study explores and highlights the atypical concepts. The method of library research has been used to acquire relevant reference materials to discuss the concepts. This paper has identified several aspects that distinguished these two funds, which include the element of perpetuity element, rights of ownership, and governance (law, structure, trustee, need permission, and income sharing).","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87050351","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":"NUSHŪZ AS A CAUSE OF DOMESTIC VIOLENCE IN NIGERIA: THE QUR’ANIC PROVISION FOR PEACEFUL FAMILY LIFE AND THE ROLE OF MUSLIM WOMAN IN THE PROCESS","authors":"H. Hussaini, Fatima Babayo","doi":"10.22452/js.vol29no1.3","DOIUrl":"https://doi.org/10.22452/js.vol29no1.3","url":null,"abstract":"One of the common social problems in Nigerian society nowadays is the increasing of violence against women and children, mostly by male members of a family. Unfortunately, the problem has assumed a new dimension in recent times as husbands become victims of their wives leading violence against them. Throughout the history of human existence on earth. The Qur’ān identifies nushūz as a factor that leads to family crises in marriage contracts and steps have been recommended for peaceful resolution of such disputes in the Qur’ān. However, in spite of this provision, violence against family members is on increase among Muslim families in Nigeria. Some of the questions that many will ask are whether Muslim couples are aware of the Qur’anic guidance in resolving family crises or not? To what extent do the Muslims follow the Islamic teachings in matters related to family life before, during and after disputes? How can such increasing violence be controlled following the teachings of the Qur’ān and Sunnah of the Prophet SAW? What shall be the role of Muslim women in promoting peaceful life within the family? The paper is an attempt to answer the above questions and recommend the best ways to improve family life among Muslims. This will be through analytical studies of relevant texts of the Qur’ān and Sunnah and the current realities in Nigerian Muslim families with a particular reference to Gombe metropolitan city of Gombe State, Nigeria. The paper recommends that Islamic values should be emphasized and upheld at all levels of family life by all and sundry.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"171 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85565382","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":"PENGUKURAN ARAH KIBLAT TEMPAT IBADAH DENGAN APLIKASI ARAH KIBLAT DAN AZIMUT MATAHARI","authors":"Nailur Rahmi, Yoga Agustio","doi":"10.31958/juris.v20i1.2829","DOIUrl":"https://doi.org/10.31958/juris.v20i1.2829","url":null,"abstract":"Studi ini mengkaji tentang perbandingan arah kiblat menggunakan apikasi arah kiblat dengan metode Azimuth Matahari. Permasa la hannya adalah banyaknya metode-metode yang dapat digunakan dalam pengukuran arah kiblat apalagi pada zaman teknogi pada saat ini. Salah satu metode tersebut yaitu apikasi Muslim Pro yang berbasis android. Dari permasalahan tersebut muncul pertanyaan yaitu bagaimana posisi arah kiblat dengan menggunakan aplikasi arah kiblat dan metode Azimuth Matahari, kemudian apa kelebihan dan kekurangan metode Azimuth Matahari dengan aplikasi arah kiblat Muslim Pro dalam penentuan arah kiblat. Penelitian ini merupakan penelitian lapangan (research field). Data yang diperoleh melalui data Ephemeris, wawancara dan melakukan pengukuran menggunakan kedua metode tersebut. Setelah data terkumpul diolah dengan cara Persistent observation (ketekunan pengamatan), Triangulasi, menggunakan bahan referensi. Kemudian data tersebuut dianalisis dengan cara koperatif yaitu membandingkan hasil pengukuran aplikasi arah kiblat Muslim Pro dengan hasil pengukuran metode Azimut Matahari. Dari penelitian ini ditemukan bahwa pengukuran dengan menggunakan metode azimuth matahari memiliki kelebihan dari segi alat yang digunakan. Namun metode azimuth matahari memiliki kekurangan dari segi ketergantungan dengan cahaya matahari. Sementara itu aplikasi muslim Pro juga  kelebihan lebih praktis dalm penggunaannya, tetapi  smartphone yang digunakan harus memiliki Sensor Compass dan Sensor Magnetic Field, jika sensor tersebut tidak ada, pengukuran tidak dapat dilakukan walaupu sudah terhubung dengan jaringan.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47387034","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 CRIME OF HIRABAH: APPROACH, JUSTIFICATION AND SIGNIFICANCE","authors":"Muhammad Hameedullah Md Asri, Khalil Ruslan","doi":"10.22452/js.vol28no3.3","DOIUrl":"https://doi.org/10.22452/js.vol28no3.3","url":null,"abstract":"The punishment for ḥirābah as a ḥadd crime has been prescribed by the Lawmaker in the Qurʻān, in Chapter al-Mā’idah, 33. The provision stipulates four types of punishment, namely; execution, cutting off of hands and feet, crucifixion and banishment. Despite ḥirābah being a serious crime and the only ḥadd crime with four punishments, al-Mā’idah 33 is completely silent about the meaning of ḥirābah, its constituent elements, modes of crime and conditions. This has led the crime being approached either through a restrictive or a permissive manner by Muslim scholars. The objective of this paper is to study the concept of ḥirābah from both perspectives, their justifications and significant impacts on possible application of Islamic criminal law on the subject. This is carried out through careful examination of literature contributed by both classical and modern times. The findings of the study suggest that the restrictive approach considers ḥirābah to be a crime of highway robbery – grave theft – while the permissive approach does not stipulate any particular designation to the crime. Ḥirābah to the latter is of an unlimited crime. Their justifications range from textual to contextual analyzes, application of qiyās and other principles of Islamic jurisprudence. The significant impacts of both approaches are seen on the possible application of ḥirābah; either being a strict or a flexible form of crime, a limited or an unlimited with specified or unspecified types of punishment, involving the application of two witnesses or otherwise and the effect of repentance.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" 33","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72498062","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 LEGAL FRAMEWORK FOR ISLAMIC BANKING AND THE QUEST FOR FINANCIAL INCLUSION IN NIGERIA","authors":"Umar Sani Bebeji, H. Bala, Hassan Bala","doi":"10.22452/js.vol28no3.6","DOIUrl":"https://doi.org/10.22452/js.vol28no3.6","url":null,"abstract":"The banking sector is the backbone of every economy. It determines not only the pace of growth of modern economic systems, but also the prosperity of nations. But its reliance on interest, liberal prudential guidelines and its very capitalist foundation make it incompatible with Islamic law – the faith practiced predominantly in some regions of Nigeria. Securing loans for investments comes with cut-throat conditions, riddled with cases of fraudulent and unfair practices. As a way around this, scholars began to think of how to expurgate those elements considered incompatible with the Shariah. Since the enactment of the Banks and Other Financial Institution’s Decree in 1991, which vaguely introduced the profit loss sharing principle of banking, nothing tangible was done to give effect to the provisions until 2011 when the Non-Interest Financial (NIFI) Services Guidelines was issued by the CBN. As a result of this development Jaiz Bank PLC was granted a license as a regional full-fledged Islamic bank, which metamorphosed into a national bank. This, however, was not without resistance as manifested in a suit against the CBN for issuing the guidelines. The paper, thus, attempts an analysis of the legal framework and how it can push up financial inclusion in Nigeria, adopting the doctrinal methodology approach to examine legislation, case-law and existing literature. It highlights some of the approaches of the Central Bank of Nigeria (CBN) and efforts to make the legal and institutional framework favourable for Islamic banking to thrive so that the substantial Muslim population can be brought into the formal financial stream to access funds for investments without upsetting the fundamental teachings of Islam. It further argues that that there is a strong correlation between the inadequacy of legal support for Islamic banking and high rate of financial exclusion particularly in the Muslim-dominated communities. Similarly, it reveals that there is not a shred of rational basis for the opposition to Islamic banking in Nigeria as it does not seek to foster any sinister agenda of “Islamising” the polity. As Nigeria is trying to push for more financial inclusion, Islamic banking can help improve existing credit delivery mechanisms for effective outreach to the teeming excluded population of Muslims. It, therefore, strongly recommends that a comprehensive legislation be enacted by the National Assembly (NASS) of Nigeria to support the prospects of this novel and popular banking model and also help promote and protect investments in the area. This will shove off financial inclusion in many ways.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78033343","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":"ARTICLES OF THE MEJELLE ON SALAM CONTRACT: JURISTIC EVALUATION AND APPLICATIONS","authors":"M. Rahman, M. Amanullah","doi":"10.22452/js.vol28no3.2","DOIUrl":"https://doi.org/10.22452/js.vol28no3.2","url":null,"abstract":"The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law. However, people, who follow other than the Ḥanafī School, are reluctant to rely on the Mejelle even though they are interested to know the stands of their respective School of Islamic law on the articles of the Mejelle. Thus, considering the importance and relevance of Salam contract to the contemporary context, the paper attempts to conduct a juristic evaluation of the articles of the Mejelle on salam contract along with an investigation of its contemporary applications. Salam is a sale contract in which the commodity’s delivery is deferred until a defined period, while the buyer must settle the payment upon the contract’s conclusion. Although the general principle says that sale of something which is not possessed and not present is not permissible, salam contract is made valid as an exception from this, considering the need of the people. The study follows a qualitative approach and uses the content analysis method to achieve the objectives. For data source and analysis, the study consults with related classical and contemporary literature. The study finds that in general, the articles of the Mejelle on salam contract conform to the prominent Schools of Islamic law. Among the notable contemporary applications of salam contract are salam financing, parallel salam, salam ṣukūk, salam in short selling, and so forth.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81624951","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":"ISLAM DAN PEMBASMIAN KEMISKINAN BANDAR","authors":"Muhamad Zulfadli Abdul Rahman, Mohammad Taqiuddin Bin Mohamad, Muhammad Shamshinor Abdul Azzis","doi":"10.22452/js.vol28no3.5","DOIUrl":"https://doi.org/10.22452/js.vol28no3.5","url":null,"abstract":"Urbanisation has created a disparity between the standard of living in urban and rural areas. Subsequently, more and more people are migrating from the rural areas to the urban areas due to the lure of wider economic opportunities and greater access to infrastructure and facilities. Unfortunately, massive urban migration gradually limited economic opportunities for migrants, and this has led to wide-spread urban poverty. This article will explain the phenomenon of urban poverty and discuss urban poverty eradication from an Islamic perspective. This study employs the qualitative approach by applying the inductive, deductive and comparative content analysis method where the primary data are derived from library research, as well as from previous studies. The study found that the authority and community both play an important role in addressing urban poverty. This can be addressed through several measures of poverty eradication implemented in Islam, which include correcting belief about the economy, ensuring a balance wealth distribution from the rich to the poor, and changing attitudes and motivation at the ground level. In this regard, the authority should focus on creating a balanced distribution of wealth, facilitating a strategic economic management plan, adopting priority-based economies, effective implementation of poverty eradication policies, adoption of growth strategies, improving basic facilities and focusing on institutional roles.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90743363","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}