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Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
ISSN : 2085630X     EISSN : 2477281X     DOI : -
The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) is an open access and a peer-reviewed journal, available online and published twice a year by the Faculty of Sharia State of Islamic Institution Langsa.
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Articles 6 Documents
Search results for , issue " Vol 9 No 2 (2017): JURISPRUDENSI" : 6 Documents clear
REINTERPRETASI MAKNA WALAD DALAM KEWARISAN CUCU DITINJAU DARI PERSFEKTIF USHUL FIQH Nasution, Adelina
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Surah an-Nisa, verses 11, 12 and 176 are the basis for inheritance. Those verses explain the word walad. The scholars agree that the word walad in surah an-Nisa, 11 refers to son and daughter. However, scholars differ when interpreting the word walad in surah an-Nisa, 176. First, majority of scholars opine that the word walad here refers to only son. Second, Ibn Abbas comes to a conclusion that word walad in the verse refers to both son and daughter. When viewed from the perspective of ushul fiqh by the term the word used, there are two kinds of meanings of words, namely literal and figurative meaning. The literal meaning of the word walad refers to children, while the figurative meaning of the word includes the meaning of grandchildren. Based on the Arab kinship system, the majority of Muslim scholars say that grandchildren are only those from male lineage. Based on the figurative meaning, the grandchildren inherit the same portion as those of children. As also explained in the Compilation of Islamic Law (KHI), article 185, grandchildren can be the heirs of successors, meaning that grandchildren replace the position of their fathers when passing away. However, the position of grandchildren from the female lineage is not explicitly stated in the article. For the sake of justice, grandchildren from the female lineage also are also included as the heir.
PEMIKIRAN EKONOMI ABU UBAID AL-BAGHDADI (Studi Kitab Al-Amwal) & Jalaluddin, Asra Febriani
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Economic thought of Abu Ubaid reflects the significance of maintaining the society’s rights and obligations, making justice a central principle in running the government and building a sense of unity and shared responsibility. Abu Ubaid also explicitly states that the government is obliged to provide an adequate standard of living for every individual in a Muslim society. He said that state revenue (fai ', khumus, alms and zakat) have to be managed by the state and allocated to the community. In term of  monetary, he states that the money have to have intrinsict value, standard exchange rate and medium of exchange. He is of the opinion that only dinars and dirhams that deserve to be used as a medium of exchange because it has a stable value so the inflation flows which adversely affect the economy of the country can be avoided.
SANKSI PELAKU NUSYUZ (Studi Pandangan Mazhab Syafi'i & Amina Wadud) Yudha, T.Dahlan Purna
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Nusyuz etymolically means opposition, hate, while according to the term nusyuz is the conduct of wife who opposes her husband to not carry out his orders, turn away from her husband and make the husband angry. Nusyuz according to the School of Shafi'i is the release of wife’s obedience to her husband. Either disobedience which is indicated by words or through behavior (deeds) or both (words and deeds) at once. According to Imam al-Shafi'i and some jurists from the Shafi'i School, the sanctions imposed for the perpetrators of the Nusyuz, as legitimized in QS al-Nisa: 34, were taken through three levels of advising, separating the bed, striking. Amina wadud interpret nusyuz as a disturbance of household harmony. Amina Wadud does not agree if nusyuz is meant by disobedience to the husband. Amina Wadud argues that nusyuz is more accurately interpreted as an unharmonious situation between married couples. Between the sect of Shāfi'ī and Amina Wadud have similarities and differences regarding the problem of sanctions that should be given to the perpetrators of nusyuz. The second equation is that they agree to the imposition of sanctions, but on the third sanction of beating this opinion is only approved by the Shafi'i school alone (though beating must be under certain conditions), whereas Amina Wadud prefers more exreme solution, that is divorce.   
الجهلاوأثرهافياالمكاسباالمحرمةا »دراسة فقهية مقارنة« Jailani, Awwaluzikri
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1242.523 KB) | DOI: 10.32505/jurisprudensi.v9i2.361

Abstract

إن موضوع المعاملَّت المالية موضوع مهم حيث يس حاجة المسلم اليومية تتعلق بماله ومكاسبه. والناُ قد حبب إليهم المال على فطرتِم, والناظر فِ أسباب تَلك الۡموال يجد أنها كثيرة الۡشكال ومتوعبة المسائل, وقد واض الناُ فِ العصر الاضر شتَ أنواع المعاملَّت المالية المعاصرة منها اللَّل ومنها الرام, لكن الذي اكتسب من الرام قد اعتذر بأنه حاه  ً هذه الۡموال فِ جهل فادعى أنه ل يؤوذ عليه منها وبَلتالي ل يؤثر شيئا  منه؛ ً ا فِ حياهة تلك الۡموال. مع أن الجهل فِ مثل هذا الۡمر يعد تقصير لإمكانه السؤال تَاه أهل العلم المتخصص فِ مجاله.
ANALISIS KOMPERATIF PENDAPAT IBN HAZM DAN IMAM SYAFI’I TENTANG TALLAQ MUALLAQ Elyanur, Elyanur
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Talaq mu'allaq is a divorce that is effected by a matter or a time when the condition mentioned in the talak which is pronounced by the true husband occurs. When the talaq occurs, the relationship between the husband and wife was broken off. In this article the author discusses three existing problems; One, Ibn Hazm's opinion of talak mu'allaq in his book, Al-Muhalla that rejected the validity of talaq mu’allaq. Secondly, Ibn Hazm's method of law elicitation on the issue of talak Mu'allaq which only refers to the argumentation from Qur'anic verse by just looking to its meaning without considering the interpretation of the verses. He ignored the interpretation in detail and rejected the qiyas in the affairs of religion so that any problems related to his Islamic laws strongly prohibited the use of qiyas / logic. Third, about the indication of differences of opinion between the two, that is what distinguishes between Imam Shafi'i's opinion with Ibn Hazm itself is that of different ways of governing the law.
KEDUDUKAN ANAK LUAR NIKAH PERSPEKTIF HUKUM ISLAM Maimun, Maimun
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam Vol 9 No 2 (2017): JURISPRUDENSI
Publisher : State of Islamic Institute Langsa

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Abstract

Marriage is an attempt to maintain human survival and protect nasab. But sometimes the protection is often tarnished with the existence of an adultery or relationship outside of marriage. Often these relationships result in an illegitimate offspring who is of course a descendant of which adultery results have a position in law different from the position of the legitimate child. Therefore, an outof-wedlock child as a result of an adultery by his or her parents will not be entitled as to the right earned by the child legitimately, especially in the case of inheritance, the outsider will not be able to obtain the inheritance of his biological parents before there is recognition from his biological parents, an outsider is a child born outside a legal marriage according to syara '. The scholars have agreed that one can not be denied to his father. As a legitimate child, if the child is born less than six months after the marriage contract, because according to them the shortest interval that must exist between the birth of the child and the marriage is six months. This means that if a child is born not reaching six months after the parents of the marriage contract, then the child can not be fathered to his father as a legitimate child

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