Juris Jurnal Ilmiah Syariah最新文献

{"title":"DEVELOPMENT OF ṢUKŪK IN THE STATE OF KUWAIT, ITS CHALLENGES AND PROSPECTS","authors":"Waleed S. A. S. Alowaiyesh, M. T. Mohamad, Mohd Shahid Bin Mohd Noh","doi":"10.22452/js.vol28no2.4","DOIUrl":"https://doi.org/10.22452/js.vol28no2.4","url":null,"abstract":"","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83089724","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":"UPACARA KEMATIAN PADA MASYARAKAT NAGARI TALUAK KECAMATAN LINTAU BUO KABUPATEN TANAH DATAR DALAM PERSPEKTIF HUKUM ISLAM","authors":"Siska Elasta Putri","doi":"10.31958/juris.v19i1.1997","DOIUrl":"https://doi.org/10.31958/juris.v19i1.1997","url":null,"abstract":"The death ceremony is one of the traditional ceremonies carried out by the community in Nagari Taluak, Lintau Buo District, Tanah Datar regency. The implementation of this ceremony began from the first day the body was buried until the next hundred and ten days. The problem arising is how does the Islamic law perspective view the implementation of this traditional death ceremony? The method used in this research is qualitative method. Data collection was carried out by participatory observation and in-depth interview. The research findings are (1) if the ceremony is carried out by praying together, in the sense that the priest presides and the others agree, then there is no prohibition, (2) if the ceremony is held by holding a banquet, where the family of the deceased cooks food even to slaughter cows or goats, the priests of the four and the scholars agree that the act is makruh, (3) but it is permissible if it aims only to entertain the guests with the intention only to glorify them.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49400024","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":"METODE ISTINBAT DALAM KITAB TAWDIH AL-AHKAM MIN BULUGH AL-MARAM KARYA AL-BASSAM (1346-1423 H)","authors":"Parlindungan Simbolon","doi":"10.31958/juris.v19i1.2080","DOIUrl":"https://doi.org/10.31958/juris.v19i1.2080","url":null,"abstract":"The tittle of this research: Istinbat Methods in The Book of Tawdih al-Ahkam Min Bulugh al-Maram was Written By al-Bassam (1346-1423 H).  al-Bassam is one of the contemporary Islamic scholar that has succeed in Hadith and Istinbat of the law in his book Tawdih al-Ahkam Min Bulugh al-Maram, before  istinbat, al Bassam had arranged Hadith into its tittle (thematic) and then explained the quality of Hadith and its words. The main problem of this research : how are steps and methods of istinbat al-Bassam? How is istinbat of al-Bassam for ikhtilaf problems?. This research is aimed to find out steps and methods of istinbat al-Bassam in law, istinbat al-Bassam in ikhtilaf problems and istinbat al-Bassam toward contemporary problems. The data of this research was collected through library research that emphasize on textual study. And then the data was analyzed by using content analysis to get the conclusion. This research has found out that al-Bassam before istinbat of law, he had arranged Hadith based on its tittle  and explained quality and its words. Al-Bassam did istinbat of law from the Hadith by using bayani and istislahi method. And then dealing with ikhtilaf al-Bassam was used to methods ‘ard al-aqwal, munaqasyah al-adillah dan al-tarjih. ","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44743325","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":"ISSUES ON RESTRUCTURING OF A FINANCING FACILITY IN MALAYSIAN ISLAMIC BANKS","authors":"A. Muneem, N. F. M. Razif, A. Ali","doi":"10.22452/js.vol28no1.5","DOIUrl":"https://doi.org/10.22452/js.vol28no1.5","url":null,"abstract":"The restructuring of a financing facility in Malaysian Islamic banks provides assistance to customers facing financial hardships. However, the facility arises some Sharīʿah concerns like qalb al-dayn (debt restructuring), imposing new selling price and profit, and using a current asset for new contracts. The research aims to examine the current practice of restructuring of financing facilities and to identify the issues and challenges in this facility in Malaysian Islamic banking institutions. To fulfill the objectives of this research, a qualitative approach is adopted to achieve the theoretical background of the study and interviews conducted to obtain practical views of the subject matter. The study finds that the increase in a new contract over the existing contract generates ribā. In addition, the ownership of the commodity has to be transferred in a new contract to conclude a contract, however, the ownership is not transferred in the practice of restructuring of financing facility. Finally, the restructuring of a financing facility is similar to qalb al-dayn which is non-Sharīʿah compliant according to the majority of scholars. The study suggests resolving those issues before offering such a facility to the customers will not result in non-Sharīʿah compliant issue and alternatively, the Islamic banks may offer rescheduling of financing facility instead of restructuring.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74185737","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 STATE, FAMILY LAW AND WOMEN IN THE MIDDLE EASTERN AND NORTH AFRICAN REGION (MENA REGION): A COMPARATIVE SURVEY OF THE CURRENT REFORMS IN MOROCCO AND TUNISIA","authors":"Ashraf Booley","doi":"10.22452/js.vol27no3.5","DOIUrl":"https://doi.org/10.22452/js.vol27no3.5","url":null,"abstract":"Islam and codification of its family law in countries such as Morocco and Tunisia have taken on a somewhat of a different character depending on the specific setting in which it took place. Even though Islamic thought and in general Islamic law contains core principles observed throughout the Islamic world. Most aspects of Islamic law relating to the family originate in the divine text, while others may be found in customs of certain communities situated in different parts of the Muslim world. Some of the early reforms enacted by states such as Morocco and Tunisia have been hailed as victories for the rights of women especially where Islam is the dominant religion in those countries. A historical and comparative analysis relating to the rights of women reveal that this was not always the case. It may be argued that women rights were ancillary to the main agenda of those respective countries. Issues such as modernity, breaking the shackles of kinsman, classism and political alliances were deemed to be 1 Senior Lecturer, Private Law Department, University of the Western Cape, Cape Town, 7535, South Africa, abooley@uwc.ac.za Submitted Date: 16 July 2019 Accepted Date: 6 November 2019 Published Date: 31 December 2019 Print ISSN: 0128-6730 e-ISSN: 0127-1237 Jurnal Syariah, Jil. 27, Bil. 3 (2019) 505-546 Jurnal Syariah, Jil. 27, Bil. 3 (2019) 505-546 506 high on the agenda of those countries. In Morocco and Tunisia, the state, early reformers and women’s activism played and continues to play an important role or perhaps an indirect role in securing women-friendly rights in the family. In other Muslim jurisdictions, Islamic law has been left intact or very little change has occurred. The argument in those states is that Islamic law cannot be changed or re-interpreted. In this paper we investigate the reforms which have taken place in each country and why these countries have been hailed as being sensitive to the issue of women’s rights. Although, these countries have been viewed as the vanguard of women friendly rights inequality does exist as new threats to the securing of women’s rights are on the horizon.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74709084","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":"BATASAN USIA PERKAWINAN DALAM HUKUM KELUARGA ISLAM (Perbandingan Antar Negara Muslim: Turki, Pakistan, Maroko dan Indonesia)","authors":"Yulia Fatma","doi":"10.31958/juris.v18i2.1670","DOIUrl":"https://doi.org/10.31958/juris.v18i2.1670","url":null,"abstract":"Renewal of Islamic family law in the Islamic world is not a new thing, but it has been applied since the 19th century. The renewal was due to the rise of awareness of the community and scholars that the concepts of fiqh which had been used as references has been left behind from the times. The development of the situation and conditions of the community at that time was one of the causes of the reform of family law. This paper discussess about the family law that applies in several Muslim countries, namely the countries of Pakistan, Turkey, Morocco and Indonesia. Regulatory analysis carried out is by comparing family law that applied in each country regarding the age limit for marriage. The comparison analysis is vertical, horizontal, diagonal and the social conditions of these countries. Each country vertically has a different school handle, then horizontally these countries have provisions regarding the age limits of different marriages, both men and women due to the social conditions of the country itself. While diagonally related to the age limit of marriage, each country still adheres to the school they hold, although explicitly it is not determined how old the marriage is in the classical literature .","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45579483","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 KEJAYAAN BANTUAN MODAL PERNIAGAAN USAHAWAN ASNAF DALAM KONTEKS PENCAPAIAN MAQĀṢID AL-SHARĪ‘AH: KAJIAN DI DAERAH KUALA TERENGGANU DAN KUALA NERUS, TERENGGANU","authors":"Nurmaizura Marzuki, Solehuddin Zulkifli, Hairunnizam Wahid","doi":"10.22452/js.vol27no2.1","DOIUrl":"https://doi.org/10.22452/js.vol27no2.1","url":null,"abstract":"","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"3 4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80814054","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 THE EXECUTION OF CHILD CUSTODY (ḤAḌĀNAH) DECISION BY THE RELIGIOUS COURTS IN INDONESIA","authors":"F. Prihatini, A. K. Munthe, Delila Stefanya Pusparani, Ali Sumihar","doi":"10.22452/js.vol27no2.5","DOIUrl":"https://doi.org/10.22452/js.vol27no2.5","url":null,"abstract":"This article analyses the problems in the execution of child custody decision by Religious Courts in Indonesia. The implementation of court decisions reflects the court’s dignity. However, the victory over child custody decision issued by the Court sometimes only the formality on the paper. Sometimes, the implementation of the court decision is hindered if there is no willingness from the involved parties. This research uses normative legal research method with conceptual approach and field research. This research found that the implementation of child custody decision is prevented by the quality of verdict, inadequate rule of execution, and the norm which woman is perceived as the better party to hold child custody rights. In addition, the execution of child custody decision cannot be adequately implemented using Het Herziene Indonesisch Reglement (HIR) solely, but it needs new regulation to accommodate the child interest, lawfully and psychologically.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82419672","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 IMPACT OF THE SOUTH AFRICAN LAW OF SUCCESSION AND ADMINISTRATION OF ESTATES ON SOUTH AFRICAN MUSLIMS","authors":"M. Abduroaf","doi":"10.22452/js.vol27no2.6","DOIUrl":"https://doi.org/10.22452/js.vol27no2.6","url":null,"abstract":"","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"50 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83264602","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":"ILLEGAL LABELING AND THE ABUSE OF HALAL CERTIFICATE: CASE STUDY OF MALAYSIA","authors":"Rokshana Shirin Asa","doi":"10.22452/js.vol27no2.7","DOIUrl":"https://doi.org/10.22452/js.vol27no2.7","url":null,"abstract":"In a culturally diverse country like Malaysia, halal logo plays an important role for Muslims to differentiate between halal and haram under the purview of Shariah principles. Product labeling provides a variety of choices to the consumers, contributing towards the value and usefulness of the products. The general thoughts of a consumer about food labeling are information about specific characteristics and the identification of food products with certified quality. However, halal labeling is a contemporary phenomenon and getting halal food itself is a challenging task. On the other hand, it is not easy to investigate the product once the food is packed. As a result, the Muslims depend on the responsible authority to check the status of halal and harmful products. Nevertheless, implementing halal certification in Malaysia is a voluntary act that creates some issues with illegitimate and unlawful use of the halal logo and halal certificate. That action impinges on the sensitivity of Muslim consumers in Malaysia and therefore, they may hesitate to buy or have doubt in selecting food and other goods for their consumption. This article describes some of the important issues regarding halal logo, explores the governments initiatives taken to expand the laws regarding the logo, the case study of the dilemma in issuing the halal logo as well as criminal liabilities and how illegal labeling violates the Muslim consumers’ rights. In addition, it aims at drawing attention to policy-makers of necessary steps to improvise halal standard governance in Malaysia.","PeriodicalId":31912,"journal":{"name":"Juris Jurnal Ilmiah Syariah","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74177377","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}