Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam

Journal Information
ISSN / EISSN : 2085-630X / 2477-281X
Current Publisher: IAIN Langsa (10.32505)
Total articles ≅ 23
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Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 12, pp 21-43; doi:10.32505/jurisprudensi.v12i1.1673

Abstract:
This article discusses legal certainty as one of the objectives of Law No. 5 of 1960 concerning Agrarian (Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria) Principles and the influence of land rights certificates as a strong means of proof of land registration. The provision of guarantees of legal certainty to holders of land rights is accommodated in Law Number 5 of 1960 concerning Agrarian Principles and further regulated in Government Regulation Number 24 of 1997 concerning Land Registration (Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah). Using a normative legal view, this article refers to regulations on agrarian. The discussion of the article looks at the role of the government in providing opportunities for all citizens to register land with the aim of obtaining legal certainty and minimizing disputes. This article looks at the purpose of issuing certificates in land registration activities so that right-holders can easily prove that they are the right-holders. This is done so that rights holders can obtain legal certainty and legal protection. However, the land rights certificate issued is considered to be still lacking in minimizing disputes and it is assumed that it has not affected the land rights owners to protect their rights.
Husni Mubarrak
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 12, pp 79-99; doi:10.32505/jurisprudensi.v12i1.1461

Abstract:
This article examines the problem of the diversity of interpretations of the testimony of two women equal to the testimony of one man in surah Al-Baqarah, verse 282. A number of interpretations that have surfaced use the hujjah, naqliy or aqliy, to reinforce the view that the testimony of two women is equal to one man. Some even return it to the verse of ta'abbudiy (unthinkable), so it does not open alternative interpretations because the verse is understood as final. By using the concept of "Fiqh Maqashid al-Khithab" as an ethical concept to understand the definition and meaning of the verses in a more equal, this article examines the discussions about the interpretation of the verses of "two women and one man".The result show that based on summarized from various treasures the book of commentaries on the Qur'an, classic and contemporary the intrepetation has various meaning about the concept of ta'abbudiy (unthinkable)This article examines the problem of the diversity of interpretations of the testimony of two women equal to the testimony of one man in surah Al-Baqarah, verse 282. A number of interpretations that have surfaced use the hujjah, naqliy or aqliy, to reinforce the view that the testimony of two women is equal to one man. Some even return it to the verse of ta'abbudiy (unthinkable), so it does not open alternative interpretations because the verse is understood as final. By using the concept of "Fiqh Maqashid al-Khithab" as an ethical concept to understand the definition and meaning of the verses in a more equal, this article examines the discussions about the interpretation of the verses of "two women and one man".The result show that based on summarized from various treasures the book of commentaries on the Qur'an, classic and contemporary the intrepetation has various meaning about the concept of ta'abbudiy (unthinkable).
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 12, pp 64-78; doi:10.32505/jurisprudensi.v12i1.1539

Abstract:
This study aims to determine the presidential threshold system in the 2019 simultaneous elections in terms of the perspective of the maqasid shariah. The implementation of the Presidential threshold in the 2019 concurrent elections, the level of benefit and interpretations, including in the dharuriyyah. aspects. The enactment shows that there is a positive and negative impact, but the election must be continued. This is very important because it involves all aspects of the lives of Indonesian citizens, both in terms of security, protection, religion, culture, economy, law, politics and so on. Then also, the implementation of the Presidential threshold system in the 2019 simultaneous elections, the scope of benefits arising into the category of maqashid al-‘Ammah (General maqashid) which is a maqashid which covers all problems contained in the behavior of tashri’ 'which are universal such as justice, equality, tolerance, convenience and others, although it was rarely discussed and raised at the research level.
Zulham Wahyudani
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 12, pp 44-63; doi:10.32505/jurisprudensi.v12i1.1508

Abstract:
This study focus on exploring maslahah of the marriage registration for nikah siri. Based on the result, first; the goverment used maslahah approacj to determine the marriage registration as one of the marriage requirements. therefore, the unregistered marriages will be punished as the illegal one. Nowdays, the marriage registration had become the publication to justify the legality of someone's marriage, as well as to protect their right and obligation such as the protection of their offspring, property, life and so on. second, marriage registration cannot be negotiated to be undone by providing legal certainty through the revision of law No. 1 of 1974. This study recomended that every nikah siri should be register to the KUA to obtain their marriage legality from the government.
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 12, pp 1-20; doi:10.32505/jurisprudensi.v12i1.1535

Abstract:
Islamic legal discourse on a practical level is often understood to be limited to the problem of istinbāt, fiqh or ushul fiqh. There is a challenge to expand it to include philosophy, normative and empirical cases. Study of manuscript is one of the related by that studies. This article presents Tanqīh al-Zunūn ‘an Masā'il al-Maimūn by Shaykh Hasan Maksum as an identifier of the political and social links to Islamic legal in the Deli Sultanate. From this it was found that the sultanate had a stake in the determination of the law as well as the role of the ulama in maintaining the attitude as a speaker of legal provisions. There are seven legal issues that are discussed normatively, and they originate from the existence of arguments in the community. This manuscript not just addition Islamic legal in the Deli Sultanate, it also showed the authority of Shaykh Hasan Maksum as a 'brilliant star' scholar in legal matters, although it was rarely discussed and raised at the research level.
Rasyidin Rasyidin, Ismail Ismail
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 11, pp 164-183; doi:10.32505/jurisprudensi.v11i2.1076

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Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 11, pp 184-209; doi:10.32505/jurisprudensi.v11i2.1042

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, Qurrotal Ainiyah
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 11, pp 210-233; doi:10.32505/jurisprudensi.v11i2.992

Abstract:
This paper will be explained about how family justice the polygamy based on the gender perspective, which has interpreted through the Athirahh novel. Considering that in this novel tells about the conflict in the polygamous family life carried out by Haji Kalla. Therefore the contributions of this research are: Firstly, the gender justice concept: marriage commitment and relation. The impartiality for a polygamous family is quiet difficult because of the balance of a polygamous family it is not only about the living sharing but also the feeling sharing. There might be a polygamy justice if the couple has a commitment to remain for the couple and maintain the marriage even though there are those who getting hurt because of that polygamy. Secondly, as told in the Athirahh novel, the figure of the woman who was hurt because of the polygamy had been done by her husband, but she was able to manage her mental and keep her good behavior in front of her husband and her children, so that was why the marriage commitment was maintained. But there was an inequality in the relation and the task division because Haji Kalla spent his time with his new wife more than the old one. Athirah had to has burden more because of it. In addition to keep her family, she also had to work for them.
Dian Andrisari
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 11, pp 121-145; doi:10.32505/jurisprudensi.v11i2.1193

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Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, dan Ekonomi Islam, Volume 11, pp 146-163; doi:10.32505/jurisprudensi.v11i2.996

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