Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi <p>The&nbsp;<strong>Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam</strong>&nbsp;(<em><strong>Jurisprudensi: Journal of&nbsp;Sharia, Legal, and Islamic Economics)&nbsp;</strong>&nbsp;</em>publishes scholarly articles and reviews on the discourse of Islamic Law.&nbsp;The Journal is also deeply committed to a global approach that publishes articles related to the jurisprudence, history, politics and cultural concerns of&nbsp;Islamic&nbsp;Studies. This journal openly accepts the contributions of experts from related disciplines.&nbsp;All published articles do not necessarily represent the views of journals, or other institutions that have links to journal publications.</p> en-US Yogifebriandi@iainlangsa.ac.id (Yogi Febriandi) jurisprudensi@iainlangsa.ac.id (Jurisprudensi) Fri, 28 Jun 2019 00:00:00 +0700 OJS http://blogs.law.harvard.edu/tech/rss 60 KHALWAT DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/942 <p>The existence of a man and woman who have no kinship so that it is lawful to marry her, in a lonely place without being ac companied by a mahram of the male or female side. This khalwat is a crime that is not subject to hudud punishment and kafarah punishment. This form of khalwat crime is included in the category of ta'zir finger whose number of punishment is not limited. In the Qur'an and Sunnah this khalwat act is highly reproached, but not clearly regulated in the Qur'an and Sunnah. So this act can be entered into the ta'zir group. All deeds that should (need) be forbidden to fulfill the common good (community). This prohibition must necessarily be made on the basis of community agreement / consensus in ways that are considered eligible. In North Aceh, the khalwat actors who are close to the power are hard to touch with the law, it is not surprising to all of us to remember that the law in this country is not yet the commander but the law is merely a bargaining position in everyday life.</p> Bukhari Bukhari Copyright (c) 2019 Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/942 Fri, 28 Jun 2019 00:00:00 +0700 MAZHAB NEGARA: ALTERNATIF SOLUSI TERHADAP PERBEDAAN PENENTUAN AWAL BULAN QAMARIYAH DI INDONESIA https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/943 <p>The article discusses that “mazhab negara” is a new ideas and solution on muslim’s problem. There are different among moslem Indonesia on starting past Ramadhan, syawal and the others. “Mazhab Negara” at least will become to clear long time problem among Muslim Indonesia</p> Wanti Marpaung Copyright (c) 2019 Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/943 Fri, 28 Jun 2019 00:00:00 +0700 HAK KEWARISAN ZAWIL ARHAM (PERSPEKTIF MAZHAB HANAFIYAH DAN SYAFI’IYAH) https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/944 <p>In this life, humans have their own property in their lifetime, but after the man passes away, the property will belong to his heirs. The jurists agree that <em>ashabul Furud</em> is prioritized in taking inheritance, if there is a remnant, it is given for heirs of <em>asabah</em>. The jurists also agree that if someone dies and has the heirs of <em>ashabul furudh</em> or asabah, the relatives of the <em>zawil arham</em> will not have right to inherit. They have differents arguments about who will has the right to inherit, if the heir does not leave <em>ashabul furudh</em> or <em>ashabah</em> relatives. The Hanafiyah School argues that the <em>zawil arham</em> group has the right to inherit, if the heir does not leave ashabul furudh relatives and asabah. On the other hand, the Syafi'iyah school argues that the zawil arham group does not have right to inherit, but the property should be given to the Baitul Mal. The results of the study concluded that according to the Hanafiyah School, <em>zawil arham </em>is more rightful to get inheritance than others, because they have a kinship relationship with the heir, and they are more prioritized than baitul mall. Otherwise, the school of Syafi'yah stated that <em>zawil arham</em> does not have right to inherit the property from the heir because <em>zawil arham</em> is not classified&nbsp; as relatives of ashabul furudh or asabah, so that the property must be handed to baitul mal. The Legal terms used by the Hanafiyah school is based on the Koran in Surah al-Anfal (75), and hadith. Meanwhile, the Shafi'iyah school is based on Surah maryam (64), and hadith.</p> Sofia Adela Copyright (c) 2019 Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/944 Fri, 28 Jun 2019 00:00:00 +0700 MEMAHAMI HUKUM ISLAM DALAM PENAFSIRAN ALQURAN MELALUI QAIDAH BAHASA ARAB https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/945 <p>The Qur'an as a guidance for all mankind must be upheld and carried out. The content of the Qur'an has several teachings of life so that a servant will find the happiness in the world and especially in the hereafter. The Qur'an is like an amazing ocean and its uniqueness has never been swallowed up by the times, so the various interpretations emerged with various methods as well. The tafsir books that fulfill the library is a proof of how excited and attentive the scholars in understanding the meanings as well as the messages contained in the Qur'an.</p> Ahmad Bangun Nasution Copyright (c) 2019 Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/945 Fri, 28 Jun 2019 00:00:00 +0700 Pertimbangan Hakim Mahkamah Syar’iyah Langsa Terhadap Penggunaan Saksi De Auditu Dalam Perkara Perceraian https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/946 <p>Witness is a person who gives a statement in the court that qualify the certain conditions about an event or situation that he sees, hears and experiences himself as the evidence has occured&nbsp; an event or situation. Yet, How if the witnesses collected do not see or experience the incident directly but they only heard from someone else. In The positive legal terms, the witness is called t<em>estimonium de auditu</em>, according to Islamic procedural law it is called <em>syahadah al-istifadhah</em>. In the process of how strength the legal evidence of the <em>testimonium de audit</em><em>u</em> in a divorce case in the Langsa City Syar'iyah Court. <em>Testimonium de auditu</em> in civil procedural law, if it is according to &nbsp;positive law in article 171 HIR and article 1907 KUH. Civil of <em>testimonium de auditu</em> is not a tool of witness evidence, but it is used as a judge's judgment. But sometimes the exception of <em>testimonium de auditu </em>can be considered from the quality and strength of proof, the application depends on the case. In the perspective of Islamic law, the <em>testimonium de auditu</em> is categorized in the <em>syahadah-istifada </em>as a popular testimony. It means that the testimony delivered has become a public secret, a story in the community, or information in the community about the events that occurred.</p> Arin Christiana Copyright (c) 2019 Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/946 Fri, 28 Jun 2019 00:00:00 +0700 PENERAPAN BANTUAN HUKUM DI INDONESIA https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/947 <p>law (rechtsstaat) recognizes and protects human rights. All people must be treated equally in the law. Equality in law must be balanced with equal treatment. Legal assistance is the right of a person who is involved in a criminal case to be able to prepare a defense or counseling in upholding his rights as a suspect. Everyone has the right to receive legal assistance from an advocate, no one may be denied the right to obtain a legal defense in a legal state. Provision of legal assistance does not look at religious, ancestral, racial, ethnic, political beliefs, socio-economic strata, skin color and gender. Thus, justice will be realized for everyone</p> Friska Anggi Siregar Copyright (c) 2019 Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/947 Fri, 28 Jun 2019 00:00:00 +0700 HUKUM MENGHADIRKAN SAKSI PADA TRANSAKSI UTANG PIUTANG PERSPEKTIF MUHAMMAD ABDUH https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/948 <p>Debt Receivable In Islam is a Jaiz thing or is allowed, but Islam regulates the systematic debt indebtedness. Fluctuations in economic conditions sometimes force someone to borrow money. The loan application is usually diverse, ranging from official financial institutions such as banking or any dimension online. However, there are also some circles who prefer to borrow on friends and relatives. Not without reason, the loan is certainly no frills interest and any collateral. As long as mutual trust, loans will certainly be given. Unfortunately, however, many are abusing the belief by not paying the debt on time. In fact, there are also deliberately pretending to forget.</p> Muhammad Alwin Abdillah Copyright (c) 2019 Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam https://journal.iainlangsa.ac.id/index.php/jurisprudensi/article/view/948 Fri, 28 Jun 2019 00:00:00 +0700