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Juris (Jurnal Ilmiah Syariah)
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1412-6109 - ISSN (Online) 2580-2763
Published by IAIN Batusangkar Homepage  [2 journals]

    • Authors: Syahrial Dedi
      Pages: 1 - 18
      Abstract: The experts of the Islamic law methodology (Ushuliyyin) have inherited the ta'wil method; a method of discovering the esoteric meaning in the textual disclosure.  The application of ta'wil method must be exactly based on predetermined rules of play. The mistake of understanding a method will have negative impact toward the law product. This phenomena was worried about by the ushuliyyin very much. This research is a library study with content analysis method. This study concludes that ta'wil according to ushuliyyin that is, the abrogation of a pronouncement of the meaning of zhahir to another meaning which is not quickly captured, because there is a proposition that the meaning is meant by the pronouncement. Evidence of ta'wil in the form of nash, qiyas, luhgawiyyah, 'aqliyyah, and' adad ('urf), and the argument disputed is the wisdom of al-tasyri' (maqashid al-syari'ah) which is practiced only by ulama ushul al-Hanafiyyah. Ta'wil covers the furu' problems. Ushuliyyin finds some form of ta'wil, among which specializes in general pronouncing (takhshish al-'am), limiting the mutlaq (taqyyid al-mutlaq), transfer the utterance from the essential meaning to the majazi, or from the obligatory meaning of the sunnah. Generally the ta'wil method is still considered relevant to the renewal of Islamic law.

      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1015
      Issue No: Vol. 17, No. 1 (2018)

    • Authors: Elfia Elfia
      Pages: 19 - 33
      Abstract: This study aims at analyzing  the two forms of legal policy in the division of inheritance by using the principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of the willingness of the other heirs.  The term Ishlah is understood by giving rewards in exchange for the part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in that article, the existence of ishlah can be done after the heirs died (after the division of inheritance). This research is a library research by using normative law approach and analyzing the data by content analysis. As the findings from this study, there are several weak points in the completion of the takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an and Hadith.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1010
      Issue No: Vol. 17, No. 1 (2018)

    • Authors: Khoiruddin Nasution
      Pages: 35 - 46
      Abstract: This paper is intended to describe the efforts that can be done to eradicate the violence in domestic life, especially to the wife. There are three theories of the interdisciplinary study; 1) the theory of classification of nash, 2) the theory of the effectiveness of the law, and 3) the theory of social action. Based on the data anlysis it could be found that first, there are a number of factors being the cause and source of violence against wives in domestic life. Second, understanding nash would distinguish objectives nash (maqâsid) from the temporal nash (wasâ’il). Third, it is important to build a legal culture of community, especially between husband and wife in domestic life, and importantly also changed a traditional behavior of society into a rational behavior. Fourth, the course of marriage becomes one of effective media introduced the law in in society, especially for husband and wife, in order to build a legal culture and change the traditional behavior of the society to be a rational one.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1000
      Issue No: Vol. 17, No. 1 (2018)

    • Authors: Arisman Arisman
      Pages: 47 - 61
      Abstract: Mahram is an important problem in Islam because it can influence the behavior, halal and haram. In addition, mahram is a wise decision from Allah the almighty and it is also a perfection of this religion which manages all aspects of life. As a result, it is a must for us to know whom belongs to mahram and his right. Futhermore, mahram also reached the problem of in-tribe married. The problem is whether it is considered as an opposit opinion toward the existence of mahram or not. This problem is always debated by many religion experts and it has emerged many different groups of schools and also one punished another who prohibited in-tribe married case. As a conclusion the writer declared that this problem is not part of daruriyyat, but it is just a hajiyyat category. In another word we can say that in-tribe married is allowed in Islam.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1017
      Issue No: Vol. 17, No. 1 (2018)

    • Authors: Isnadul Hamdi
      Pages: 63 - 83
      Abstract: This research is based on the problems in the distribution of common property. First, the emerging of differences in the system of distributing of common property in talak raj'i and talak ba'in. Second, the occurrence of expansion in terms of income during marriage such as the existence of insurance. Third, the existence of the agreement in marriage before the joint property is shared. The result of the research shows that in the sociology perspective of Islamic law the effort to share the common property: first, in the case of divorce because the situation is still in the iddah period of talak raj'i, property should not be divided because it minimizes the possibility of reunification. Unlike the case if talak ba'in, property should be devidedd soon because it certainly will not be reunited. Second, in response to the expansion of common property such as the existence of insurance money, all Indonesian Judge agreed that all property acquired during marriage is related to Taspen Insurance, Asabri Fund, Labor Insurance, Traffic Accident Fund, Passenger Accident Fund, Life Insurance Fund, Property of Luggage, Credit that has not paid off. Third, the agreement in marriage greatly affects the distribution of common property given the existence of Article 45, 52, and 97 Compilation of Islamic Law "divorced or divorced widow respectively entitled to two joint property as long as not specified in the marriage agreement.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1012
      Issue No: Vol. 17, No. 1 (2018)
           Terhadap Putusan Pengadilan Agama No. 287/Pdt.G/2006/PA.Pdg.)

    • Authors: Dodon Alfiander
      Pages: 85 - 98
      Abstract: The Case No. 287/ Pdt. G/ 2006/PA. Pdg. is a lawsuit Wasiat Wajibah submitted to the Religious Court of Padang. The Religious Court of Padang sets the plaintiff on this case as an adopted child who is entitled to obtain a mandatory will from his foster mother's estate. Where as between the plaintiff and his adoptive mother has a very close kinship relationship. The plaintiff is the real child of his adoptive brother's brother, while at that moment the plaintiff's adoptive mother was the heir of Kalâlah. The Law of Inheritance of Islam recognized the right of inheritance to the sister’s child. Sister’s son's inheritance is not clearly contained in the Qur'an and the hadith of the Prophet Muhammad pbuh. However, sister’s child's inheritance rights are basically through the extension of the understanding of other whose rights are described in the Qur'an, because if he or she has no sister and brother, the position can be replaced by the child. Sister’s child will not get the right as long as his father who connects him to the heir is alive. This can be understood as the concept of "Expanding Brotherhood Meanings". Thus, the decision of the Religious Court of Padang on the Wasiat Wajibah which sets the plaintiff to obtain the right to the property of his adoptive mother through Wasiat Wajibah is not appropriate. This is because the plaintiff has a very close kinship with his adoptive mother. Therefore, the plaintiff is more aptly part of the heritage of his adoptive mother through his right as an heir (ashâbul furûdh), not as a mandatory will. This is because the plaintiff replaces the position of his biological father as the heir because he has died earlier than his adoptive mother. The Plaintiff is entitled to receive a share of furûdh against the inheritance of his adopted mother. The furûdh portion obtained is based on the letter of al-Nisâ verse 176.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1002
      Issue No: Vol. 17, No. 1 (2018)

    • Authors: Riyen Gusti Suparta
      Pages: 99 - 115
      Abstract: The Lost Money or Given Money” is called Uang Ilang in term of Minangkabau culture. It is a gift in the form of a sum of money by the bride and groom given to the prospective bridegroom. The payment of “the lost money” is done through intermediary the head of the tribe between the two sides of the family. This tradition of “the lost money” is a customary requirement that must be met by the family of the bride to the prospective groom. The amount of money may vary depending on the request of the head of the tribe or the male family to the prospective bride. There are two aspects that determine the amount of money payments first, the cultural aspects and socioeconomic status. The purpose of this study is to describe how the implementation of traditions of “the lost money” in South Campago District. This research used descriptive method with qualitative approach. Data collection by interview and supported by supporting books related to “the lost money”. The result of this research is known that marriage with “the lost money” tradition system is customary law that has been applied to South Campago District community. In the implementation by finding the source of “the lost money” by borrowing, participation from the head of the tribe, helps from the groom if the couple is dating and t”the lost money” be the responsibility of the parents. The high low payment of illicit money for now is also influenced by the social status of the prospective bridegroom but most of the people do traditions of “the lost money” more to the cultural aspect so the number of payers is only as a customary filler only.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1006
      Issue No: Vol. 17, No. 1 (2018)

    • Authors: Roni Efendi
      Pages: 117 - 135
      Abstract: The tackling of money laundering through the criminal Justice System has not been debatable as long as it is handled by sub-systems in the criminal justice system such as the police and prosecutors since they have been bestowed a clear mandate in law. That raised a question, what about Corruption Eradication Commission or KPK'  In Article 6 letter C Act no.30 of 2002 on the Corruption Eradication Commission (Law of KPK) explicitly and clearly revealed that the KPK has a duty to conduct the initial investigation, investigation and prosecution of corruption. That article also did not provide the further explanation. For that reason, the authority of KPK in conducting initial investigation, investigation and prosecution is only regarding the criminal act of corruption.In several corruption cases settling, KPK also often tried to apprehend the perpetrators through the law of prevention and Eradication of Money Laundering Crime. Many People criticized KPK but some gave the appreciation on KPK’s efforts in asset recovery. That was also addressed to KPK on its’ authority in investigating and prosecuting TPPU. In the case of No. 39/Pid.Sus/ TPK/2013/PN.Jkt.Pst with the accused Ahmad Fathanah, Joko Subagion and I made Hendra as 2 (two) members of the judges’ panel stated dissenting opinion. It declared that KPK has the authority to investigate TPU but it is only concerning with the wealth which is suspected from a criminal act of corruption. Actually, the authority to persecute TPPU is on the general attorney. Meanwhile, persecutors of KPK does not have the right to file the indicment and demand of the TPPU. Therefore, the indictment related to money laundering should be declared unacceptable. It brings the writer’s unrest on the criminal law enforcement’s practice. It is especially in the eradication of money laundering since it is supposed that law enforcement does no provide justice for justicia belene, certainty and expediency in asset recovery.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1004
      Issue No: Vol. 17, No. 1 (2018)

    • Authors: Zulkifli Zulkifli
      Pages: 137 - 146
      Abstract: The justice is viewed from any perspectives and aspects, it means the justice must be positioned as well as possible depends on the situation and time (when and where). In law empowerment all people have the same position and they should get their human right. Method which is used in this study was library research. There is a phenomena where the human right is not found in every human life, but actually it must reach all factors of the human life which having different and balanced. In deciding the justice for human life, it must be as proportional as possible eventhough the right is not always reaching the same position.
      PubDate: 2018-06-30
      DOI: 10.1234/juris.v17i1.1005
      Issue No: Vol. 17, No. 1 (2018)
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
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Fax: +00 44 (0)131 4513327
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