https://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/issue/feedJURIS (Jurnal Ilmiah Syariah)2023-12-31T09:11:50+07:00Arifki Budia Warmanarifkibudiawarman@uinmybatusangkar.ac.idOpen Journal Systems<p>JURIS (Jurnal Ilmiah Syariah) is peer reviewed journal by Fakultas Syari'ah Universitas Islam Negeri Mahmud Yunus Batusangkar. The journal is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of Sharia. In particular, papers which consider the following general topics are invited: Islamic Family Law, Islamic Economic Law, Islamic Constitutional Law, Islamic Criminal Law, and other Islamic Law. The journal is published periodically twice a year, i.e., every June (first edition) and December (second edition).</p><table class="data" width="100%" bgcolor="#f0f0f0"><tbody><tr valign="top"><td width="30%">Journal title</td><td width="80%"><strong>JURIS (Jurnal Ilmiah Syariah)</strong></td></tr><tr valign="top"><td width="30%">Initials</td><td width="80%"><strong>JURIS </strong></td></tr><tr valign="top"><td width="30%"><span>Abbreviation</span></td><td width="80%"><strong><span>JURIS (J. Ilm. Syariah)</span></strong></td></tr><tr valign="top"><td width="30%">ISSN</td><td width="80%"><strong><a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&1491293975&26&&" target="_blank">2580-2763</a> </strong>(online) and<strong> <a href="http://issn.pdii.lipi.go.id/issn.cgi?daftar&1180429099&51&&" target="_blank">1412-6109</a> </strong>(Print)</td></tr><tr valign="top"><td width="30%">Frequency</td><td width="80%">2 issues per year</td></tr><tr valign="top"><td width="30%">DOI</td><td width="80%">prefix 10.31958</td></tr><tr valign="top"><td width="30%">Editor-in-chief</td><td width="80%"><strong><a href="https://scholar.google.com/citations?hl=id&user=fhyIRqkAAAAJ" target="_blank">Zainuddin</a></strong>, (<span>Scopus ID: 57211573860</span>), Universitas Islam Negeri Mahmud Yunus Batusangkar, Sumatera Barat, Indonesia</td></tr><tr valign="top"><td width="30%">Publisher</td><td width="80%">Universitas Islam Negeri Mahmud Yunus Batusangkar</td></tr><tr valign="top"><td width="30%">Citation Analysis</td><td width="80%"><strong><a href="https://drive.google.com/file/d/1uzl7sLdKOrT-TieYvp8n_Kj-xDo-c73j/view?usp=sharing" target="_blank">Scopus</a> <strong>| <a href="https://sinta.kemdikbud.go.id/journals/detail?id=4081" target="_blank">Sinta</a> <strong>| </strong></strong><a href="https://doaj.org/toc/2580-2763?source=%7B%22query%22%3A%7B%22bool%22%3A%7B%22must%22%3A%5B%7B%22terms%22%3A%7B%22index.issn.exact%22%3A%5B%221412-6109%22%2C%222580-2763%22%5D%7D%7D%5D%7D%7D%2C%22size%22%3A100%2C%22sort%22%3A%5B%7B%22created_date%22%3A%7B%22order%22%3A%22desc%22%7D%7D%5D%2C%22_source%22%3A%7B%7D%2C%22track_total_hits%22%3Atrue%7D" target="_blank">DOAJ</a> | <a href="https://scholar.google.co.id/citations?hl=id&user=vIdgwq8AAAAJ" target="_blank">Google Scholar</a> </strong></td></tr><tr valign="top"><td width="30%"> </td><td width="80%"> </td></tr></tbody></table>https://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/6678Examining Call for the Dissolution of Indonesian Ulema Council: Siyāsah Syar’íyyah Perspective2023-12-28T20:51:23+07:00Abdul Syatarabdul.syatar@uin-alauddin.ac.idMuhammad Imranmimran@math.bme.huM Ilhamm.ilham@iainpalopo.ac.idKurniati Kurniatikurniati@uin-alauddin.ac.idMarilang Marilangmarilang.juna@uin-alaudddin.ac.idKamaluddin Nurdin Marjunikamaluddin@usim.edu.myThe religious authoritative institution of the Indonesian Ulema Council (MUI), is facing infiltration by members connected with acts of terrorism. This leads to public demands for its dissolution under the banner of "Joint Enemy Terrorism". Therefore, this study aimed to assess the possibility of dissolving MUI by reviewing the root causes of terrorism within the religious institution. Through the lens of Islamic political analysis and a critical examination of various data sources, it became evident that the discourse advocating for the dissolution centered around the hashtag #BubarkanMUI#. This hashtag campaign was initiated to frame the participation of MUI members in extremist activities, thereby posing a threat of criminal terrorism. MUI, on the other hand, was beyond dispute due to its strong and legally entrenched position. In this context, the prospect of the dissolution became irrelevant, impractical, and challenging to materialize primarily due to membership issues. The existence of MUI was strengthened and secured through several laws mandating its engagement, including the certification of halal products and regulation of Sharia banking. This showed the religious institution must embark on a thorough evaluation and enhancement of both its structural framework and membership recruitment processes. Regarding the authority to dissolve non-political institutions and organizations, this prerogative should be entrusted to the Constitutional Court, serving as a judicial entity responsible for safeguarding democracy, human rights, and constitutional principles.2023-12-05T14:44:49+07:00Copyright (c) 2023 Abdul Syatar, Muhammad Imran, M. Ilham, Kamaluddin Nurdin Marjunihttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/10258Contestation on Religious Interpretation in Contemporary Aceh Sharīa: Public Caning in Prison as the Case of Study2023-12-28T20:51:23+07:00Husni Mubarrakhusni.mubarak@ar-raniry.ac.idFaisal Yahyafaisal.yahya@ar-raniry.ac.idIskandar Iskandari.iskandar@ogr.deu.edu.trThis study aimed to discuss the debate and controversy surrounding interpretations that are considered authoritative about interpreting <em>Shar</em><em>īa</em> proposition regarding the <em>ta'z</em><em>īr</em> public caning legal procession in prisons in Aceh, from what was previously held in an open space. The debate occurred and took place in various media, including social media, following the issuance of the 2018 Aceh Governor's Regulation concerning the relocation of the punishment procession. The discussion continued long enough to debate the interpretation which is considered the most valid regarding the necessity of caning for being witnessed by a group of believers (<em>mukmin</em>); the selection of the place where the punishment will be carried out; until the legal reasoning, intent and purpose of the caning punishment itself to be witnessed in public space according to <em>Sharīa</em>, as explicitly stated and interpreted in the Al-Qur’an Surah An-Nur: verse 2. By using literature studies and empirical investigations as the method, this article would like to use synthesis approach for analysis by putting theory “authoritative” and “authoritarianism” as the framework. The research finding shows that certain view which has been popularized through media is supposed as an authoritative interpretation and understood as the “should be” according to sharīa by the public, so that must be imposed of caning and openly witnessed (not in jail) during the formalization of Islamic law in contemporary Aceh.2023-12-15T00:00:00+07:00Copyright (c) 2023 Husni Mubarrak, Faisal Yahyahttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/9097Underage Widows and Widowers before the Law: Problem, Contestation and Legal Certainty in Marriage Dispensation2023-12-28T20:51:24+07:00Muhammad Fauzinudin Faizmufaddin@uinkhas.ac.idZezen Zainul Alizezen.uje@gmail.comMuhammad Taufiqmh.taufiq.phd@iainmadura.ac.idIncreasing the minimum age for marriage has increased the community's efforts to obtain a marriage dispensation permit in court. Generally, this application is made by children who are not old enough and not yet married, but the facts on the ground state that there are widows and widowers under age who also apply for a marriage dispensation for the second time, this raises a new problem, namely legal uncertainty for the applicant. This study will explore the problems of an underage widow and widower in registering his second marriage and the contestation of authority in the marriage of underage widows and widowers. The study was conducted by looking at and analyzing several cases of application for dispensation for the marriage of underage widows and widowers in several Religious Courts (juridical normative) and mapping related documents (library research). Three important points are noted. First, when a widow and widower under the age of 19 applies for marriage registration at the Office of Religious Affairs but is refused and directed to apply for a dispensation to marry, while in the Religious Court, there are differences of opinion among judges in the application for dispensation to marry a second time, some reject, and some accept. Second, there is contestation between the Office of Religious Affairs and the Religious Courts in viewing dispensation for widow and widower marriage because of the different legal basis used. Third, despite the contestation between the two institutions, the Religious Courts, as justice-seeking agencies, must accept the application submitted to ensure legal certainty for its citizens, namely widows and widowers under age. Thus, this article recommends two actions: namely, the need for communication between the two executive and judicial institutions to discuss the issue of marriage dispensation for underage widows and widowers so as not to contradict each other and legal certainty for underage widows and widowers who want to marry is essential.2023-12-15T00:00:00+07:00Copyright (c) 2023 Muhammad Fauzinudin Faiz, Zezen Zainul Zainul Ali, Muhammad Taufiqhttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/6952The Mechanism of Avoiding Riba in Islamic Financial Institutions: Experiences of Indonesia and Malaysia2023-12-31T09:11:50+07:00Muhammad Maksummuhammad.maksum@uinjkt.ac.idNur Hidayahnurhidayah@uinjkt.ac.id<p>The issue of discrepancy between business goals and sharia principles related to debt raises a problem. Financial institutions seek profit, but lending and borrowing money (<em>qardh</em>) in Islam is not for profit. This has the potential to generate usury (<em>riba</em>), and must be avoided by Islamic Financial Services (IFS). This article examines several Islamic legal opinions (<em>fatwa</em>) from the Indonesian National Sharia Council and the Malaysian Sharia Authority Council utilizing a normative and descriptive legal study approach, in conjunction with the science of Islamic jurisprudence (<em>ushul fiqh)</em>. The results of the study outline that Islamic financial institutions must create products to avoid <em>riba</em> practices on unlawful debts. Two models for the creation of anticipatory <em>riba</em> were found by tracing and testing Islamic financial products using a credit schemes (<em>qardh</em>), namely entering into a service contract (<em>ijarah</em>) and conducting several transactions (<em>bay' al-'inah</em>) for one object. This product highlights the repetition of an old practice long-debated in classical <em>fiqh</em> because it is prohibited in a hadith of the Prophet Muhammad. This finding has implications for Sharia compliance as long as Sharia financial products do not shift to profit-sharing or buying and selling-based financial products.</p>2023-12-15T00:00:00+07:00Copyright (c) 2023 muhammad maksumhttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/8609Trendy Veil: Law, Function, and Its Stigma on Muslim Society2023-12-28T20:51:24+07:00Musda Asmaramusdaasmara@iaincurup.ac.idRahadian Kurniawanrahadian@iaincurup.ac.idWahyu Abdul Jafarwahyujafar@metrouniv.ac.idAnggoro Sugenganggorosugeng@metrouniv.ac.idSakirman Sakirmansakirman@metrouniv.ac.id<em>The trendy Veil was a phenomenon among young women, especially after the Covid 19 outbreak. Many wear the veil as well as a mask to prevent disease. The purpose of this study was to reveal facts related to law, function, and social stigma against women who wear the trendy veil. This research was field research that used a normative approach. Data collection techniques in this study were interviews and documentation. At the same time, the analysis technique used in this study is descriptive. The findings in this study were that the law on wearing a trendy veil was sunnah as long as a trendy veil follows the general rules of dress for Muslim women. The trendy veil has three functions: worship, social, and health. In addition, there has been a change in the stigma of women who wear the veil today, especially women who wear trendy veils. The negative stigma against women who wear the veil has begun to disappear. The Muslim community has considered the trendy veil a necessity and a common thing.</em>2023-12-15T00:00:00+07:00Copyright (c) 2023 Musda Asmarahttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/10282Strengthening the Shafi‘i Madhhab: Malay Kitab Jawi of Fiqh in the 19th Century2023-12-28T20:51:24+07:00Yasrul Hudayasrulhuda@uinib.ac.idJajat Burhanuddinj.burhanudin@uinjkt.ac.idMahmood Kooriam.kooriadathodi@hum.leidenuniv.nlThe supremacy of <em>fiqh</em> in Indonesian, and Southeast Asian, Islam has been widely acclaimed; the subject concerning the affairs of daily life, the core substance of <em>fiqh</em>, has its fertile grounds in Muslims religious ideas and practices. This article presents a historical analysis how the <em>fiqh </em>became popular in the region, which can be traced back to the 19<sup>th</sup> century. Taking Malay <em>kitab jawi</em> as the main subject of discussion, the shifting of religious concerns among the <em>‘ulamā’</em> (Muslim scholars) was of crucial significance. They increasingly engaged in dealing with the Muslims’ need of guidance in primarily prescriptions for worship (<em>‘ubūdiyah</em>). This study traces the historical aspect in the spread of the Shafii school, along with the development of the Malay textual tradition. As a result, <em>kitab jawi</em> on <em>fiqh</em> by Southeast Asian <em>‘ulamā’</em> grew considerably, in both number and religious authority, in line with the rise of learning institutions (<em>pondok</em>), leading the subject to appear as religiously essential to be produced, and reproduced, to become an established school for Muslims of the region.2023-12-15T00:00:00+07:00Copyright (c) 2023 Yasrul Huda, Jajat Burhanuddin, Mahmood Kooriahttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/10320Revisiting ‘Iddah: A Critical Analysis of Gender Equality in Indonesian Feminist Islamic Legal Discourse2023-12-28T20:51:24+07:00Fuady Abdullahfuady@iainponorogo.ac.idNova Anggraini Putrirosi39861@gmail.comYoussof Salheinyoussof.salhen@azhar.edu.egFeminist legal theory highlights the persistence of women's subordination within the prevailing legal framework and emphasizes the importance of legal mechanisms that promote women's emancipation and equality. So far, the discourse of feminist Islamic law in Indonesia has caused more rejection, particularly with the emergence of the Counter Legal Draf-<em>Kompilasi Hukum Islam</em> (CLD-KHI), which is considered contrary to Islamic law, one of which is in the provisions of <em>'iddah</em>. This study seeks to examine and analyze the demand for gender equality in the <em>'iddah</em> period as manifested in the CLD-KHI. Using a qualitative research approach emphasizing library-based research on the draft in question and the supporting writings, this study bases its content analysis on the theory of <em>Maqā</em><em>ṣid al-Sharī'ah</em>, with al-Shatibi as the primary source. The results of this study reveal an insufficiency in the justification of the plea for gender equality in the enforcement of <em>'iddah</em> from the view of <em>Maqā</em><em>ṣid al-Sharī'ah</em>. From the conventional perspective of Islamic law, the principle of gender equality as a <em>maq</em><em>ṣad</em> does not have a solid foundation, so it leads to rejection rather than acceptance. Therefore, to bear fruit, any legislative effort in the field of Islamic law must be carefully shaped by methodologies and ethos derived primarily from its tradition.2023-12-15T00:00:00+07:00Copyright (c) 2023 Fuady Abdullah, Nova Anggraini Putri, Youssof Salheinhttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/10426Violence against Women: Comparing Female Genital Mutilation and Female Circumcision in Malaysia2023-12-28T20:51:24+07:00Norazam Khair Mohd Ithninnorazamithnin@um.edu.myIshak Suliamanishakhs@um.edu.myAbdul Halim Ibrahimahalim_ibrahim@um.edu.my<p>The United Nations (UN) General Assembly resolution on 20 December 2012 declared female genital mutilation (FGM) illegal and a violation of women's rights. This declaration was made following the World Health Organization's (WHO) call to eradicate FGM in 1997. The prohibition includes all forms of mutilating, harming, or causing pain to the female genitalia. The female circumcision practice in Malaysia is also categorized as FGM by the United Nations Human Rights (UNHR) at the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2018. In light of these developments, this qualitative study examines and compares the true nature and concepts of FGM and the female circumcision practice from the perspective of <em>Al-Sunnah Al-Nabawiyyah</em>. Documentation was employed for data collection, analysis, and interpretation. The findings reveal a significant divergence between FGM and female circumcision. Female circumcision is more similar to the aesthetic surgery of the female genitalia, known as clitoral hood reduction, which can enhance women's sexuality. In conclusion, female circumcision in Malaysia is not a torturous act that violates women's rights, but rather a safe practice following Islamic law. This study also proposes a comprehensive research initiative aimed at formulating secure and Sharia-compliant protocols for female circumcision.</p>2023-12-15T00:00:00+07:00Copyright (c) 2023 Norazam Khair Mohd Ithnin, Ishak Suliaman, Abdul Halim Ibrahimhttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/9014Living Under the Same Roof Before the Date of Separation: The Relevance of Maqāṣid al-Sharī’ah and Minangkabaunese Custom in A New Direction for Families2023-12-28T20:51:24+07:00Nofiardi Nofiardinofiardi@uinbukittinggi.ac.idFahmil Samiranfahmilsamiran@gmail.com<p>Minangkabau community is known for its matrilineal kinship, in which a husband after the marriage lives with his wife’s family. If there are constant quarrels in the marriage and it is difficult to continue the marriage, the husband who leaves his wife’s house will not return unless he is taken back according to custom by his wife’s family. Yet, if divorce should be the final decision,<em> </em>then the husband must also leave the house<em> </em>until the judge decides it. This research aimed at exploring the notion of living together under the same roof before the date of separation or divorce process, a new direction for families in the Minangkabau community with <em>maqāṣid al-sharī’ah</em> approach. A qualitative approach was used to conduct this study. The data were obtained through documentation and interviews. The documents were the decision of the Batusangkar Religious Court that were appealed to the West Sumatra High Religious Court. Meanwhile, the interviewees were the judges of the courts. The <em>maqāṣid al-sharī’ah</em> approach was used to analyze a very interesting decision made for a divorce case occurred in Luhak Tanah Datar area. The results showed that differences in the understanding of Maqāṣid al-sharī’ah influenced decisions and indicated new directions in the families of the Minangkabau community.</p>2023-12-15T00:00:00+07:00Copyright (c) 2023 Nofiardi Nofiardi, Fahmil Samiranhttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/9475The Indigenous Idea of Gender Equality: Husband-Wife Relationship in the Manuscript of Adābul Mu’āsyarah2023-12-28T20:51:24+07:00Sheila Fakhriasheilafakhria@iainkediri.ac.idMoh. Sholeh Afyuddinsholehafyuddin@gmail.comMuhammad Nazir Aliasnazir@ukm.edu.my<p>Literacy in <em>pesantren</em> still places women as the second class, especially in the study of women's <em>fiqh</em> or husband-wife relations. This phenomenon has attracted researchers to conduct research on one of the books by Nusantara scholars used by Islamic boarding schools, whether it contains gender equality or not. This research focused on one of the books, <em>Adābul Mu’āsyarah</em>, which describes the ethics of husband and wife relations in fostering a harmonious family. By using a literature study with analytical techniques in the form of content analysis and a gender studies approach, this research found that the contents of this book by KH Yasin Asmuni have provided equal space in household relations between husband and wife. Although it cannot be denied that there are still many patriarchal terms, such as defining women as humans who lack reason and emotion, which makes men superior to women in several ways. This phenomenon of patriarchal understanding has been impacted by several factors, such as the author's background, patriarchal culture and the wave of studies that narrowed a unique case into a general provision. This research is expected to provide references and a new paradigm in describing equal husband-wife relations.</p>2023-12-15T00:00:00+07:00Copyright (c) 2023 Sheila Fakhriahttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/9383Legal Study of Dzurri Waqf and its Implementation towards Strengthening High Heritage Assets in Minangkabau, West Sumatra, Indonesia2023-12-28T20:51:24+07:00Ahmad Wiraahmadwira@uinib.ac.idNurul Hudanurul.huda@yarsi.ac.idAhmad Sunawari Longaslong@ukm.edu.myWahyuni Lely Augusnawahyuni.lely@uinib.ac.idMeirison Meirisonmeirison@uinib.ac.idYenti Afridayentiafrida@uinib.ac.id<p>One concept of preserving family assets can be carried out through the practice of <em>dzurri</em> waqf. In Minangkabau, preservation of family assets is carried out in the form of high inheritance management. This article aims to discuss the legal concept of <em>dzurri</em> waqf and its implementation in high inheritance management in Minangkabau, West Sumatra. The findings of this study are very specific because the Minangkabau culture adheres to on one side, a matrilineal system but on the other hand, is based on the Islamic law. The data in this study were obtained through in-depth interviews with four experts, i.e., the expert council of MUI West Sumatra, the Chair of the West Sumatra Indonesian Waqf Board, the Chair of West Sumatra Nazir, and the expert council of the Lembaga Kerapatan Adat Alam Minangkabau (LKAAM) West Sumatra. This study found that first, the concept of <em>dzurri</em> waqf is identical to the management of high heirloom assets in Minangkabau. It is proven by some asset management that is almost the same as <em>dzurri</em> waqf, i.e., the element of property must be retained in principal and from the element of beneficiaries (<em>mauquf alaih</em>) who are family members. Second, there is a strategy to maintain high <em>pusako</em> treasures through religion, namely by managing high <em>pusako</em> treasures, such as <em>dzurri</em> waqf management so that the identity of high <em>pusako</em> treasures as culture can survive and be managed sustainably. Third, in order to maintain the identity of the high <em>pusako</em> treasure, the nazir in the context of <em>dzurri</em> waqf is appointed from the <em>niniak mamak</em> component as the holder of the power of the high <em>pusako</em> treasure.</p>2023-12-18T00:00:00+07:00Copyright (c) 2023 Ahmad Wira, Nurul Huda, Meirison Meirison, Wahyuni Lely Augusna, Yenti Afridahttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/9065The Enactment of Positive Law against Perpetrators of Sexual Deviancy in Public Space in Indonesia2023-12-28T20:51:24+07:00Nani Widya Saridosen02124@unpam.ac.idOksidelfa Yantodosen00240@unpam.ac.idMuhamad Iqbalmuhamad.miqbal.iqbal1@gmail.comSamuel Soewitadosen01298@unpam.ac.idSuhendar Suhendardosen00548@unpam.ac.id<p>Problems on Lesbian, Gay, Bisexual, and Transgender (LGBT) in social life seem to be more real currently. Even though religions prohibit the behaviors of LGBT, the positive law, which is Law no.1 of 1946 on Criminal Code, does not regulate legal sanctions on LGBT. This article studies the importance of positive laws that regulate legal sanctions on the actors who practice LGBT in public. Still, as important as others, this article also tries to find out the causes of sexual disorder behaviors of LGBT. This research applies the method of normative law. Still, this research was conducted by studying the literature and collecting secondary data. After gaining the data, they were analyzed to answer the formulated problems. The research results show there must be legal sanctions on LGBT behaviors. The nation should not punish LGBT-infected people, but she must punish the people who practice LGBT in public. There are many factors causing LGBT. They are the influence of environment, childhood trauma, same-sex harassment or abuse, inferior feeling and fear of loving the opposite sex, family problem such as divorced parents, etc</p>2023-12-20T00:00:00+07:00Copyright (c) 2023 oksidelfa yantohttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/10291Legality of Agricultural Products Weight Cutting as a Cost of Risk in Trade2023-12-28T20:51:24+07:00Farida Ariantifaridaarianti@uinmybatusangkar.ac.idPauzi Mfauzimuhammad@uinjambi.ac.idAbdul Mughitsabdmughits76@gmail.comRidwan Nurdinridwan.nurdin@ar-raniry.ac.idAbdo Yousef Qaid Saadabdoiibf@hotmail.com<em>A</em>gricultural goods transactions with <em>toke</em> (in Bahasa is known as a traditional market agent) always carry a weight cutting of one to 2 kilograms per bag. Risk reduction is considered a burden to be borne. Therefore, how to study the law in the aspect of risk imposition when transactions occur between plantation farmers and <em>toke</em> in traditional markets. The aim of this research was to examine how weighing is carried out and the recognition of the weight of agricultural products on scales is associated with possible risks that will occur in the future. This research method was qualitative, field research. Data sources were garden sellers/farmers and <em>toke</em> in traditional markets. Data collection through interviews and examination of artifacts. Data analysis technique was qualitative descriptive.<strong> </strong>The research finding showed that when the agricultural harvest was sold, there was a scale cut of around 2 kg per bag, such as chilies, ginger, corn and so on. The result of reducing the scale in dealing with the risks that will occur with irregular goods. The risk was borne by the farmer/seller, this was suspected and endangers the continuity of the relationship between farmer, toke, retailer towards objects that change naturally. Cutting the weight of the scales was still permitted as long as it was within appropriate limits. Recommendations for cutting the weight of the scales when changing goods and not fixed goods.2023-12-27T00:00:00+07:00Copyright (c) 2023 Farida Ariantihttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/10559Sustainable Development of Mangrove Ecosystem Policy in South Sulawesi from the Perspectives of Siyāsah and Fiqh al-Bi’ah2023-12-28T20:51:24+07:00Hamzah Hamzahhamzahlatif122@gmail.comIrfan Amirirfanamir066@gmail.comSultan Hasanuddinsultanhasanuddin838509@gmail.comTarmizi Tarmizitarmizi88sep@gmail.comMuhammad Fazlurrahman Syarifmusy33188@hbku.edu.qa<p>This research aims to examine the policy of sustainable mangrove ecosystem development in South Sulawesi from the perspective of <em>siyāsah </em>and fiqh<em> al-bi’ah</em>. The questions raised are how the construction and implications of the policy of sustainable mangrove ecosystem development are, and how the reformulation of the concepts of <em>siyāsah </em>and fiqh<em> al-bi’ah</em> affects the policy that has been set. The data in this research are primary data from interviews, observations, and documentation, as well as secondary data from relevant literature. Data collection methods were carried out through interviews, observations, and documentation to be analyzed descriptively qualitatively based on the approach of <em>siyāsah</em> and fiqh <em>al-bi’ah</em>. The results of the research show that the policy of sustainable mangrove ecosystem utilization is realized through the establishment of regulations related to mangrove management at both the national and regional levels. The policy is implemented through the formation of the Regional Mangrove Working Group (KKMD) of South Sulawesi as a group that works to preserve the mangrove ecosystem. The policies implemented have implications for legal aspects, aspects of the economy based on ecotourism, environmental sustainability, education, and religious social. The policy that has been set is in line with the concept of <em>siyāsah </em><em>dusturiyah</em> and fiqh <em>al-bi’ah</em> based on <em>maslahah</em>. The perspective of <em>siyāsah </em><em>dusturiyah</em> and fiqh<em> al-bi’ah</em> plays a role in strengthening and supporting government policies in the effort to preserve the sustainable mangrove ecosystem.</p>2023-12-28T00:00:00+07:00Copyright (c) 2023 Hamzah Hamzah, Irfan Amir, Sultan Hasanuddin, Tarmizi Tarmizi, Muhammad Fazlurrahman Syarifhttps://ojs.iainbatusangkar.ac.id/ojs/index.php/Juris/article/view/10934Islamic Law, the State, and Human Rights: The Contestation of Interfaith Marriage Discourse on Social Media in Indonesia2023-12-28T20:51:24+07:00Y Sonafistsonafistmag@gmail.comHenny Yuningsihhennyyuningsih511@gmail.comThis study aimed at explaining the contestation of interfaith marriage discourse on social media, specifically on Instagram. The issue of interfaith marriage was quickly responded by social media users, not only by posting on their own accounts, but also by commenting on those posts of other people’s accounts. This study attempted to map Instagram media users’ comments on posts about interfaith marriage and to see the contestation of these comments in the context of the discourse on Islamic law, the state, and human rights in Indonesia. Qualitative research method was used in conducting this study. Data were collected from netizens’ comments on the issue of interfaith marriage, specifically the issue of interfaith marriage conducted by a member of Presidential Special Staff, the District Court’s decision on granting the interfaith marriage, and the Supreme Court’s circular on interfaith marriage. These comments were randomly selected and then analyzed using qualitative content analysis methods. This study found that: first, there were two response models for social media users when commenting on the issue of interfaith marriage on Instagram, they were the responses of acceptance and rejection. The narrative of the comments that accepted the idea of interfaith marriage emphasized human rights, diversity, freedom, and criticized the state’s involvement in private matters. Meanwhile, the narrative of comments that rejected the idea of interfaith marriage mostly refered to the provisions of Islamic law and state law. Second, based on these two response models, there was a contestation over the discourse of interfaith marriage in the context of Islamic law, the state, and human rights. However, this contestation was not based on a deep understanding of human rights and legal discourse. This contestation might have an impact on the public’s lack of legal understanding of interfaith marriage and had the potential to cause conflict on social media. This study confirmed that contestation of legal discourse came not only from people who had authority, but also from people who did not have in-depth legal knowledge.2023-12-28T00:00:00+07:00Copyright (c) 2023 Sonafist Sonafist