Juris Jurnal Ilmiah Syariah最新文献

{"title":"ANALISIS APLIKASI AKAD BAY' PADA PROJECT BASED SUKUK (PBS) DI INDONESIA","authors":"Taufiq Kurniawan, A. Rahman","doi":"10.22452/js.vol28no3.4","DOIUrl":"https://doi.org/10.22452/js.vol28no3.4","url":null,"abstract":"Islamic economic development is a task incumbent upon a good Muslim community. Indonesia has, in recent years, accelerated its economic development -especially in the area of infrastructure development- thereby requiring additional funding sources to aid this development. Thus, the government has issued Project Based Sukuk (PBS), which aims to finance the development of the country’s infrastructure. PBS is a Shariah-based financing instrument that is an alternative for Muslim communities which are interested in building a country’s economy without elements of ribā. This instrument has a main contract in the form of ijārah and supporting contracts, one of which is al-bay‘. However, the application of these contracts can only be said to be valid from a Sharā‘ perspective if all rules and conditions are throughly fulfilled. This study focuses on analyzing the application of the al-bay‘ contract on PBS. It uses a data collection method by interview and review of literature, which was then analyzed inductively to draw conclusions from the specific to the general. The study found that the majority application of the al-bay‘ contract to PBS is in line with the principles of Shariah, although there are still some issues still to be rectified.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"139 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83422752","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 PROBLEM OF DISTRIBUTION OF INHERITANCE: A CASE STUDY ON THE MALAY COMMUNITY OF SAMBAS KALIMANTAN BARAT IN INDONESIA","authors":"A. Asman","doi":"10.22452/js.vol28no3.1","DOIUrl":"https://doi.org/10.22452/js.vol28no3.1","url":null,"abstract":"This study is about the provisions of the Qur’ān on inheritance that regulates the rights of the heirs with justice, especially towards women who did not have such right before the advent of Islam. Currently, the people of Malay Sambas distribute inheritance against the provisions of the Qur’ān which allots double shares to the male except in case of the parents. In the Sambas Malay community, men and women inherit equal shares contrary to the provisions in the Qur’ān as stated in the verse of al-Nisā’ 4: 11, 12, and 176. This research is a field research with a phenomenological method by looking at gender equality and feminism in the distribution of inheritance among the Malay Sambas community. The focus of this research is guided by the Islamic law position on the Malay Sambas equal distribution system of inheritance between men and women. This research finds that the Malay Sambas system of inheritance is contrary to the Shariah because there is still equal distribution of inheritance to male and female beneficiaries.","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":"75160516","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":"BIRO JODOH ONLINE: KEGUNAAN DAN DAMPAK","authors":"Regita Amelia Cahyani, Rizqa Febry Ayu","doi":"10.31958/juris.v19i2.2362","DOIUrl":"https://doi.org/10.31958/juris.v19i2.2362","url":null,"abstract":"Along with the development of technology in the digital era, it is increasingly easier to access communication . Various applications used in the process of finding a partner . One of them is the emergence of an online matchmaking application which is experiencing rapid development . So that the transition to the concept of matchmaking from conventional to online is not new, along with the times . This research focuses on the implications for today's online matchmaking agencies. This research used a qualitative approachand using descriptive analytical method . The results showed thatonline matchmaking agencies, although they have positive and negative impacts for their users, but it is not an obstacle for partner seekers through cyberspace.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48161592","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":"KRITIK TERHADAP KOMPILASI HUKUM ISLAM TENTANG KETENTUAN HARTA BERSAMA DALAM PERKAWINAN","authors":"Elimartati Elimartati, E. Elfia","doi":"10.31958/juris.v19i2.2283","DOIUrl":"https://doi.org/10.31958/juris.v19i2.2283","url":null,"abstract":"The development and social change of the community gives impact to the regulation of the collective assets of marriage. This paper will analyse the State Act of No.1 year 1974 the 35 th Article and the compilation of Islamic law (KHI) especially the Article of 1f stating about the definition of the collective asset.  This research is a normative law research.  It used qualitative approach.  Data was analysed through content analysis.  Some of the finding shows that personal property and asset becomes the collective asset caused by the marital status.  Actually this changing should be stated and witnessed by the penghulu who committed the couple at the beginning of the marriage. The purpose is to avoid illegal changing of the property or asset.  The regulation in Indonesia has not yet organized this case as well as possible.  It must be reformulated again. Colletive asset causes the changing of responsibility to a husband in giving money to live his wife.  In KHI especially in Article 80 described about the the property and asset which can be used to making a living; they are personal asset and or shared asset gathering along the marriage.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44188616","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":"FORMULASI RECHTSVINDING DENGAN PENALARAN ANALOGIS DALAM EPISTEMOLOGI HUKUM ISLAM (Telaah Metodologis Qiyas sebagai Ra’y terhadap Mashâdir al-Ahkâm asy-Syar’iyyah)","authors":"M. S. Hidayatullah","doi":"10.31958/juris.v19i2.2490","DOIUrl":"https://doi.org/10.31958/juris.v19i2.2490","url":null,"abstract":"The background of this study is rechtvinding (legal discovery efforts) must be carried out to describe contemporary cases and then establish the law so that there is a legal status.. The qiyas method is a rechtvinding tool with analogical reasoning in the study of the epistemology of Islamic law. Qiyas is the use of ra'y against mashâdir al-Ahkâm asy-Syar'iyyah (al-Qur'an and sunnah) and is one of the secondary legal arguments agreed upon by jumhur scholars. This paper aims to study methodologically the flow of thinking and work patterns of rechtvinding through qiyas. Rechtvinding formulation with the qiyas method is carried out by equating the law of something that has no legal provisions with something that already has legal provisions in the text of the al-Qur'an and sunnah because of the equality of 'illat between the two. In the application of qiyas, there are pillars that must exist, namely ashl, far ', hukm al-ashl and' illat, each pillar has conditions that must be met as legality. With the similarity of 'illat, it can be applied qiyas between ashl to far'. 'Illat is divided into' illat manshushah and 'illat mustanbathah and methodologically there is a method of investigation to find out' illat which is called masâlik al-'Illat.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48842188","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 KRITIS KONSEP KEPEMILIKAN HARTA DALAM ISLAM","authors":"F. Utami, Dini Maulana Lestari, Khaerusoalikhin Khaerusoalikhin","doi":"10.31958/juris.v19i2.2330","DOIUrl":"https://doi.org/10.31958/juris.v19i2.2330","url":null,"abstract":"Wealth or property is the esential thing which has a thighten relationship throu g human life. Islam has already well organized regarding to wealth or property ownership. One of Islamic property ownership concepts is Ihrazul Mubahat which means free property ownership. However, is ihrazul mubahat concept  appropriate if it is impleme n ted  in Indonesia? While as known as Indonesia has two resources of  law, those are positive law and sharia law. The purpose of this article is to discuss deeply regarding to implementasion of ihrazul mubahah concept in Indonesia, and this is kind of descriptive qualitative method research throgh library research approach. The result of this research revealed that in Islamic property and ownersh i p specific al ly ihrazul mubahat concept needs such a regulation in the term of Islamic law regarding to enrole of ihrazul mubahah concept properly , thus it can be adapted into Indonesia’s law system .","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42578838","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":"IMPLEMENTASI SURAT EDARAN MAHKAMAH AGUNG NOMOR 3 TAHUN 2015 PADA PENGADILAN AGAMA SAWAHLUNTO","authors":"Muhammad Farhan, Eficandra Eficandra, Roni Efendi","doi":"10.31958/juris.v19i2.2234","DOIUrl":"https://doi.org/10.31958/juris.v19i2.2234","url":null,"abstract":"The urgency of this research is to examine the implementation of the Supreme of the Court Circular Number 3 2015 on the addition of livelihoods for children from 10% to 20% per year. Since the determination Supreme of the Court Circular in the Family Court of Sawahlunto, in 2018 were 7 decisions have been made, 3 to applicated and 4 doesn’t. The inequality when considering the jury leads to three fundamental questions: What is the position of Supreme of the Court Circular in the concept of the positivist legal philosophy? What are the Judges considerations to implementing and not implementing Supreme of the Court Circular? Howabout the Islamic Law perspective to Supreme of the Court Circular in terms of adding child livelihood? To answer the object of research, the implementation Supreme of the Court Circular Family Court Sawahlunto is extensively examined as sociological/ empirical legal research. The results of this research philosophically Supreme of the Court Circular is a harmonization between Islamic law and positive law, on the condition that Supreme of the Court Circular offers the jury a guarantee of legal certainty when deciding on the addition of a child. Consideration of the jury in the implementation of Supreme of the Court Circular to ensure that children's livelihoods are met in terms of economic needs that further improve and maintain descendant relationships for those who do not implement Supreme of the Court Circular due to the limited ability of their fathers. Supreme of the Court Circular’s perspective on Islamic law regarding the addition of a child at 10% to 20% per year is relevant to the problem of the Maslahah Mursalah, which is to maintain hereditary relationships.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41761937","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":"ALIRAN PEMIKIRAN USHUL FIQH DAN PENGARUHNYA TERHADAP PENDEKATAN HUKUM ISLAM","authors":"Hanif Aidhil Alwana","doi":"10.31958/juris.v19i2.2375","DOIUrl":"https://doi.org/10.31958/juris.v19i2.2375","url":null,"abstract":"Law is the result of Fuqaha's ijtihad regarding an act of mukallaf, in its understanding Islamic law is derived from the al-Quran and Sunnah. Although the existence of the al-Qur`an and the Sunnah is not in doubt, the understanding of law from these sources often experiences ikhtilaf (differences) of opinion, besides this the risk of causing divisions in society, these problems are influenced by schools of legal thought. T his paper will describe the history of these schools of thought and their relevance in establishing law. The method used was descriptive analysis, with a qualitative approach based on the content (content analysis) of previous writings. In this paper, it is found that the difference in legal opinion is influenced by the way of thinking of the mujtahid which is divided into mutakallimin schools which are identical to understanding the legal text; fuqaha with the style of rules and legal reasons extracted from the law-making text (syari`) or also termed a contextual style; and a combination that seeks to combine the two types of legal understanding, this gives birth to different legal features. This is the scientific treasure of Islamic law which must be developed in the future to always exist in answer ing legal problems in the future .","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45989040","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":"IMPLEMENTASI PENDISTRIBUSIAN ZAKAT FITRAH DI DESA KUTA TINGGI ACEH","authors":"K. Khairuddin","doi":"10.31958/juris.v19i2.2230","DOIUrl":"https://doi.org/10.31958/juris.v19i2.2230","url":null,"abstract":"Zakat Fitrah is issued during the month of Ramadan. Every Muslim must release 2.8 kg of rice, both children and adults. The purpose of giving zakat is to clean the soul of muzakki, in addition, to ease the burden on the poor so as to cause compassion among humans. Through this research can find out how the implementation of the distribution of Zakat Fitrah in Kuta Tinggi village and how the Islamic legal review of the distribution of Zakat Fitrah in Kuta Tinggi Village. This study uses qualitative descriptive. The results of the study obtained the distribution of Zakat Fitrah in Kuta Tinggi village one day before the feast day and given to four asnaf, namely the general public, amil, Islamic boarding school children and mosques. Reviewing Islamic law, giving alms to all people and mosques does not have a foundation because those who are entitled to get Zakat Fitrah have been determined by Allah in al-Qur'Aan surah Al-Taubah verse 60.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42636714","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 TUNISIAN CONSTITUTIONAL TRANSITION AND DEBATES: ISLAM, WOMEN AND OTHER ACTORS IN THE WAKE OF THE POST JASMINE REVOLUTION","authors":"Ashraf Booley","doi":"10.22452/js.vol28no2.5","DOIUrl":"https://doi.org/10.22452/js.vol28no2.5","url":null,"abstract":"The Arab uprising in Tunisia, dubbed the Jasmine Revolution began in 2010, protesting against unemployment, corruption, injustice and the absence of basic freedoms. The Jasmine Revolution ousted Ben Ali, the then president who was in power for more than three decades in 2011. Post Jasmine Revolution saw Tunisia making commendable strides in its transition towards a new all-inclusive democratic political order. However, the transition process has not been without obstacles which could have had the effect of derailing the transition process, such as the assassination of activists Chokri Belaid and Mohamed Brami, the role and place of Islam, the inclusion of women in the political transition and the most popular Islamic party Ennahda with its rumours of transforming Tunisia into an Islamic state were cause for great concern for all. However, despite these concerns, Tunisia’s new constitutional text is considered to be a radical departure from its previous constitutional texts. After the drafting of various drafts, the 2014 constitutional text has attained the status in the Middle Eastern And North African Region MENA Region as being the most liberal compared to other countries in the Mena Region. The 2014 constitutional provisions protect civil liberties, separates legislative, executive and judicial powers, guaranteeing women parity in political institutions, and declares that Islam is the country’s official religion while at the same time protecting religious freedom for all. An important facet is the homogeneity of Tunisian society – which although has some divisions, did not suffer fragmentation along religious, political, cultural or ethnic lines, as is the case in other Muslim states. This was accomplished by including all actors not only political parties, women’s groups and activists, religious activists, but also the various unions which represented the working class in Tunisia. The outcome was nothing short of being miraculous, bearing in mind the chaos that engulfed Tunisia during this period. One could argue that Tunisian listened to its people and advice of all, thereby minimising a terrible outcome.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"32 Suppl 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77417867","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}