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Journal Cover Juris (Jurnal Ilmiah Syariah)
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  This is an Open Access Journal Open Access journal
   ISSN (Print) 1412-6109 - ISSN (Online) 2580-2763
   Published by IAIN Batusangkar Homepage  [2 journals]
  • PANDANGAN HUKUM PIDANA ISLAM MENGENAI KEKERASAN FISIK TERHADAP ANAK

    • Authors: Taufik Hidayat
      Pages: 115 - 130
      Abstract: In order to provide solutions concerning with physical abuses toward children, Indonesia has issued special regulation, namely UU No. 35 tahun 2014 about Perubahan (amendment) UU No. 23 Tahun 2002 about Child Protection. In line with this regulation, a study was carried out to figure out perspectives of Islamic civil law toward children’s physical abuses. This study belonged to normative yuridis through library study and employing yuridis normative analysis technique. The study showed that prohibitions against children’s physical abuses were supported by the second Islamic civil law, namely hifzhan-nafs. However, using physical punishments are tolerated for reasons which have pointed out by the law. In addition, death penalty, imprison, and fine payment are similar to  Islamic civil law with minor differences in implementation.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.493
      Issue No: Vol. 15, No. 2 (2017)
       
  • PROSES PELAKSANAAN AKAD QARDH WAL IJARAH PADA PRODUK TALANGAN HAJI PADA
           BANK SYARIAH MANDIRI KANTOR CABANG PEMBANTU PADANG PANJANG

    • Authors: Awaluddin Awaluddin
      Pages: 131 - 142
      Abstract: The agreement of qardh wal ijarah for the product of pilgrimage bailout has been implemented by some sharia banks In Indonesia following fatawa of DSN No. 29/DSN-MUI /IV/2002 about product of pilgrimage bailout. In one side, this implementation made much easier for those to realize their dreams to go for pilgrimage. On the other side, such implementation raised a very challenging question whether  the implemtatation has fulfilled the rules expected by the fatawa. Based on a study conducted, it revealed that the process of proposing product of pilgrimage bailout by the customers of BSM of Kota Padang Panjang supporing branch office was done as it was required by the mechanism by considering 5C factors as standard procedure for realizing the finance. In realizing pilgrimage bailout, this institution referred to the fatawa of  MUI about pilgrimage bailout in which the customer should have settled the bailout before the depart to pilgrimage. This also implies that the bank has the rights to cancel the customers’ departure in the case of inability to settle the bailout. Dealing with this implementatiom, bank is benefited  from the ujroh based on the agreement between the bank and the customer. Customers, on the other hand, are required to pay expenses dealing administration and insurance as the consequences of the agreement. Furthermore, the customers are benefitted from  gaining portion ahead and are allowed to pay in installments for the pilgrimage.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.494
      Issue No: Vol. 15, No. 2 (2017)
       
  • KALENDER ISLAM GLOBAL: PERSPEKTIF SYARIAH, EKONOMI, DAN POLITIK

    • Authors: Tono Saksono
      Pages: 143 - 152
      Abstract: Moslems all over the world should be able to make maximum use of united Islamic calendar as the follow up of the International Hijri Calendar Unity Congress in Istanbul on May 2016 in order to unite time management system of the Muslims. Rigid attitudes which reject hisab and only approved rukyatul hilal have made Muslims keep using Gregorian calendar for 1200 years as the basis of their business accounting. Consequently, Muslims seem to be trapped in zakat debts that keep getting more and more reaching US$ 10 bn. This will immediately become civilization debt and burden of the upcoming Muslim generation if it is not immediately solved.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.495
      Issue No: Vol. 15, No. 2 (2017)
       
  • PERANAN KEARIFAN LOKAL (LOCAL WISDOM) DALAM PENGEMBANGAN EKONOMI DAN
           PERBANKAN SYARIAH DI INDONESIA

    • Authors: Akhmad Mujahidin
      Pages: 153 - 168
      Abstract: In the context of urban Indonesia economic community, several terms, such as paroan, prapatan, dan pertelon are quite popolar. Such terminology has influence  economic activities whic have become tradition that supports profit sharing principles which is practiced by sharia banking. Such profit sharing practices basically aimes at creating justice and provide balances for economic users and their environments. Furthermore, profit sharing practices show partnership relation among enterprise practitioners; more than just the relationship between superiors and subordinators. This kind of spirit does not end in profit oriented only but also establishing human based relationship which aimes at helping and caring one another. Dealing with the nature of the sprit above, sharia economic practitioners should have been energized and inspired and able to realize them in more real and synergical economic relationship. However, one important thing that they usually forget in developing business institution is lack of understanding toward the culture of the society where they build business, including sharia banking. Understanding toward local culture and wisdom of the society is one of the significant factors required in designing, harmonizing, and developing business. This implies that a busines institution should not aim at corporate oriented only. Infact, it should have relations of socio-culture) and coorporate social responsibility.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.496
      Issue No: Vol. 15, No. 2 (2017)
       
  • PENYATUAN KALENDER ISLAM INTERNASIONAL: PERSPEKTIF SIYASAH

    • Authors: Muhammad Iqbal
      Pages: 169 - 176
      Abstract: Moslems all over the world need a calendar which can be used internationally. In order to realize such a noble need, several efforts have been made by two popular approaches, namely hisab and rukyat in establishing Islamic calendar. In the context of international Islam, this trend has been followed up by efforts of uniting global Islamic calendar. This article aims at discussing advantages of uniting global Islamic calendar in terms of political issues. From the perspectives of Islamic political science (siyasah) it can be point out that the existence of global Islamic calendar  will convince the world concerning with the unity and solidarity of Islamic powers. Moslems countries will arrive at shared attitudes and responses toward the development of global issues, especially those concern with Islamic political purposes.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.497
      Issue No: Vol. 15, No. 2 (2017)
       
  • MULTI AKAD (AL-UQUD AL-MURAKKABAH) DI PERBANKAN SYARIAH PERSPEKTIF FIQH
           MUAMALAH

    • Authors: Yosi Aryanti
      Pages: 177 - 190
      Abstract: Multiple Agreement (al-Uqud al-Murakkabah) is one of contemporary agreements in Islamic banking whose implementation develops in line with business developments Multiple Agreement basically is an agreement whic is made by two parties in carrying out transactions that cover two elements or more of agreement, such as trading and ijarah. Agreements in sharia transactions are modified from the existing agreements in which such agreements are found  in almost all sharia products. The development of the uses of agreement need strong analysis concerning the validity of the agreements, especially those whic have been modified. This study therefore aims at presenting perspectives of Islamic schlars (ulama) and their analysis toward the concepts of Multiple Agreement.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.498
      Issue No: Vol. 15, No. 2 (2017)
       
  • REINTEGRASI KONSEP MAQASHID SYARI’AH DALAM ADAT BASANDI SYARA’,
           SYARA’ BASANDI KITABULLAH

    • Authors: Zelfeni Wimra
      Pages: 191 - 200
      Abstract: This article discusses the concept of reintegration in the implementation maqashid sharia of the customary law: Adat Basandi Syara', Syara' basandi Kitabullah (ABSSBK) in Minangkabau cultural region. This paper provides a scientific answer, how it should be, in practice, maqashid sharia as an integral part in ABSSBK. To collect, to analyze, and to interpret the data comparative literature was used. The basic values were compared with the concept of maqashid sharia ABSSBK. The result showed that the terms of syara’ found in the philosophy of ABSSBK have the similar characteristics to maqashid sharia, yet the device has not formulated detailed practicesl. The implications and significance showed clear link between the value (axiology) syara and maqashid sharia. Therefore, maqashid sharia can be referred in establishing ABSSBK as a basis of thought, movement and arbitration of nation-state.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.499
      Issue No: Vol. 15, No. 2 (2017)
       
  • EFEKTIFITAS PROGRAM SYAR’I: HAFALAN ALQURAN DENGAN MENGGUNAKAN METODE
           ONE DAY THREE LINES PADA SISWA MTsN 01 LIMAPULUH KOTA

    • Authors: ROMI MAIMORI
      Pages: 201 - 212
      Abstract: This study was inspired by the reality that memorizing the Quran had become an activity which was avoided by most of students and uninteresting as well due to its ineffectiveness of the memorizing methods. Dealing with the phenomena, this study aimed at figuring out how One Day Three Lines method was applied di MTsN 01 Limapuluh Kota, and related factors that supported or inhibited the implementation of the method in memorizing the Quran. This study belonged to descriptive quantitative design employing evaluative model of CIPP (Contexs, Input, Proses dan Produc) Method. The data were collected through participant observation, in depth interview, questionnaire, and documentation. Data analysis were carry out by checking data trustworthiness obtained from observation, interview, documentation to figure out the context and product evaluations of  One Day Three Lines memorizing method. Questionnaire was used to assess respondents’ attitude toward the method. The findings showed that One Day Three Lines memorizing method applied in MTsN 01 Lima Puluh Kota was categorized effective with an average percentage was 71.9%
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.500
      Issue No: Vol. 15, No. 2 (2017)
       
  • KEDUDUKAN ANAK MENURUT HUKUM POSITIF DI INDONESIA

    • Authors: SA'DATUL MAGHFIRAH
      Pages: 213 - 222
      Abstract: Undang-undang Nomor 23 Tahun 2002 which is revised by Undang-undang Nomor 35 Tahun 2014 about child protection chapter 1 verse 1 points out that child are those who are under 18 years old, including the fetus. Those laws regulate the position of children in the law and their rights as well, and parents’ responsibilities toward their children. Chapter 42-49 of UndangUndang Nomor 1 Tahun 1974 points out that child’s positions can be classified into two categories, namely legal and illegal child depending upon the ways their parents get married. If their parents’ married has fulfilled marital requirements both in terms of religion and law implemented in Indonesia the child resulted from this marriage is categorized into legal child. Conversely, if a child was born from parents whose marriage does not fulfill the requirements, the child, therefore, belongs to illegal child categories. Civil law in Indonesia has regulated rights a child deserves as stated in Undang-Undang Republik Indonesia Nomor 4 tahun 1979 concerning with Child Prosperity found in Chapter II and Undang-undang Nomor 23 Tahun 2002 jo Undang Undang Nomor 35 Tahun 2014 that covers rights to live, to be non discriminative, to have identity, to be treated fairly, and so forth in line with parents’ responsibilities toward children so that they are treated properly and live prosperously
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.501
      Issue No: Vol. 15, No. 2 (2017)
       
  • ANALISIS ALTMAN UNTUK MEMPREDIKSI KEBERLANGSUNGAN USAHA LEMBAGA KEUANGAN
           MIKRO SYARIAH DI KABUPATEN TANAH DATAR

    • Authors: ELFINA YENTI
      Pages: 223 - 234
      Abstract: This research was conducted to predict the business continuity (going concern) microfinance institutions sharia in tahah datar using the Altman Z-Score. The purpose of this research was to analyze the performance and predict the sustainability of microfinance institutions sharia in tanah datar. Because of the presence of islamic micro finance institutions in tanah datar help people who need additional capital, because people have limited access to other financial institutions, especially banks. The result of this research are expected to be considered by the management to increase or improve the state of the company in the future. For the goverment is expected to have implications for the measures taken, as the goverment took responcibility for the empowermenr of micro, small and medium enterprices as referred to in the Act No. 20 of 2008.
      PubDate: 2017-03-18
      DOI: 10.1234/juris.v15i2.502
      Issue No: Vol. 15, No. 2 (2017)
       
 
 
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