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INDONESIA
Al-'Adl
Published by Institut Agama Islam Negeri Kendari
ISSN : 19794916     EISSN : 26155540     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Al-'Adl merupakan Jurnal Ilmiah yang diterbitkan oleh Fakultas Syariah IAIN Kendari. Al-'Adl secara spesifik mempublikasikan tulisan ilmiah baik naskah ilmiah maupun hasil penelitian yang berorientasi pada masalah hukum Islam dan pranata sosial serta kajian keislaman lainnya.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 15, No 2 (2022): Al-'Adl" : 6 Documents clear
Reconception of Zakat Institutional Management Regulations in Bone District Tri Suhendra Arbani; Rahmatia HL
Al-'Adl Vol 15, No 2 (2022): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v15i2.3214

Abstract

This study aims to unravel the reconceptualization of zakat management arrangements in Bone Regency and the role of local governments and Bazasnas in Zakat Management Arrangements. And to analyze philosophical, sociological, and juridical considerations or foundations for forming Draft Laws or Draft Regional Regulations. This research is legal (legal research). The analysis of this study uses the type of qualitative research. The type of research used is the type of prescriptive analysis research. This regional regulation regarding zakat management in Bone Regency is essential because it has great potential to channel it as a form of poverty alleviation and provide social justice for people who need it. The role of local government of Bone Regency can take several actions, namely: the Role of Zakat Institutions, the Role in Regional Regulations, and the Role in Collecting Community Data on Zakat Assistance Recipients. This regional regulation on zakat management must be re-regulated in updating existing regional regulations. Regional regulations for zakat management are beneficial with the aim of being a regulatory material for good zakat management to increase efficiency and effectiveness. Zakat must be managed institutionally by Islamic Law.
Ijtihad Tahqiq Al-Manat Implementation in The Fatwa of The Indonesian Ulama Assembly (MUI) in Southeast Sulawesi Ahmad Ahmad; Andi Andhys Chaniago
Al-'Adl Vol 15, No 2 (2022): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v15i2.3722

Abstract

The aims of the study are to examined the ijtihad method in the fatwa carried out by the Southeast Sulawesi MUI and to describe the Southeast Sulawesi MUI fatwa that uses the ijtihad tahqiq al-manat method. This qualitative investigation examines the text of the Southeast Sulawesi MUI fatwa. Various approaches are employed, including sociological, textual, and contextual approaches. The method of data collection employs a citation technique. This study's findings suggest that the Southeast Sulawesi MUI continues to implement a fatwa that will be strengthened in the community, a typical pattern in terms of both tausiyah and fatwas. Every fatwas During the Covid-19 period, which was continued by the Southeast Sulawesi MUI such as Tausiyah or Recommendations, it has accommodated the ijtihad tahqiq al-manat method. Tahqiq al-manat has become mandatory and must be performed by every fiqh expert as well as every individual, in every way, every place, and at every time. Theory ijtihad tahqiq al-manat must be a fundamental reference and one of the factors that scholars consider when determining the law to produce a more comprehensive fatwa in the real world (fiqh al-waqi').
Certainty of Promises in Housing Advertising Brochures on Home Sale and Purchase Binding Agreements Andi Irmayanti Patta; Sabir Alwy; Oky Deviany
Al-'Adl Vol 15, No 2 (2022): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v15i2.3409

Abstract

This study aims to find out and analyze the legal certainty of the promises listed in the advertising brochure on the house sale and purchase agreement. This research uses normative research methods with a statute approach. the certainty of the promises of housing brochures that are part of the home sale and purchase binding agreement has the binding legal force between developers and consumers as does the law. The promises stated in the advertising brochure even if they are not contained in the binding agreement for the sale and purchase of the house must be based in good faith. Consumers have the right to get clear and correct information from the developer that the house is as promised through brochures so that consumers do not feel disadvantaged. The conses should more carefully and carefully read the brochure and the contents of the home sale and purchase binding agreement before signing the agreement.
Shahādah Istifādhah (Testimonium De Auditu) in Isbat Waqf Cases in Religious Courts from the Perspective of Fiqh and Civil Law A. Zamakhsyari Baharuddin; Rifqi Qowiyul Iman; Andi Yaqub
Al-'Adl Vol 15, No 2 (2022): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v15i2.3464

Abstract

This paper examines how exactly the application of Shahādah Istifāḍah (the testimonium de auditu) in the case of wakaf determination which is brought to the Religious Court as a special Islamic civil judicial institution under the Supreme Court of the Republic of Indonesia. This research was analyzed using descriptive analytic method. In the discussion it is explained the comparative analytic the concept of Shahādah Istifāḍah with the concept of testimonium de auditu and its legal force in the case of proof in Court especially in the case of waqf determination. This paper concludes that the Shahādah Istifāḍah can be used as a means of proof in waqf determination.
Homosexuality in Contemporary Islamic Legal Approaches: Study of Huzaemah Tahido Yanggo’s Thought Amri Amri; Athoillah Islamy
Al-'Adl Vol 15, No 2 (2022): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v15i2.4063

Abstract

This study intends to identify the epsitemology of Islamic law of Huzaimah Tahido Yanggo with the contemporary maqasid sharia approach formulated by Jasser Auda. This literature research uses a normative-philosophical approach.The main research data is Huzaemah Tahido Yanggo's scientific work entitled Sexual Deviance (LGBT) in the View of Islamic Law (2018). Secondary data in the form of books, journals, theses and dissertations that are relevant. The nature of this research approach is descriptive-analytic. Data analysis techniques include data reduction, data presentation, and data verification. The results showed that Huzaemah Tahido Yanggo's Islamic legal epistemology of homosexual behavior is a multidimesional approach to Islamic law, and has a preemptive-socialist orientation. Such a big conclusion is based on the epistemological foundation of Islamic law Huzaemah, as follows First, the foundation of the epsitemology of islamic law is comprehensive, not partial in accordance with the character of the features of the comprehensive Islamic legal approach. So, there is no tendency towards a dichotomous and partial approach to Islamic law. Second, the epistemological foundation of Islamic law that emphasizes meaning, which is to have a relationship with various Islamic legal orientations towards the monasticism of homosexual behavior, such as the value of maqasid in the form of the benefit of the soul (hifz al-nafs), and also the misfortune of regeneration of offspring (hifz al-nasl), even the expansion of the broader dimension of benefit, namely hifz waton (maintaining the safety of the state).The theoretical implication of this research shows that the paradigm of contemporary Islamic law that prohibits homosexual behavior is not based on a pragmatism and individualist approach to Islamic law, but a multidimensional approach to Islamic law, and has a preventive-socialist orientation.There are limitations to the study, namely that it has not identified the method of interpretation that Huzaemah used to the theological basis of homosexual law.
Legal Protection of The Land Rights of The Wolio (Buton) Fort as a Cultural Heritage La Ode Muhammad Iman Abdi Anantomo Uke
Al-'Adl Vol 15, No 2 (2022): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v15i2.3335

Abstract

Buton Fort is known as the largest fort in the world. For this reason, there is a need for legal protection for the Buton Palace Fort by the Government, especially the Baubau City government and the National Land Agency, in terms of Regulations and Efforts to Protect the Land Rights of the Buton Palace Fort as a cultural heritage. Because of these problems, protecting cultural heritage objects, including the land, is necessary. This research method is normative research that focuses on a legislative approach with primary data sources on the Basic Agrarian Law, the Cultural Heritage Act, and other laws and regulations such as the regional regulation on the particular area of Bau-bau City. The results of the study found fact that the land inside the fort of the Wolio Sultanate was land controlled by the people of the descendants of the bonto (sultanate officials/councils who elected the sultan) and Walaka (descendants of the sultan). However, the increase in population around the cultural heritage area can cause the displacement and destruction of cultural heritage objects. It can lead to a land sale and purchase agreement which is the land of Toerakia (usage rights). Referring to the Basic Agrarian Law, it is stated in the Fourth provision, namely the rights and authority over land and water from the autonomous or former autonomous regions that still existed at the time this Law came into force were abolished and transferred to the State. Based on this regulation, the regulation of the Wolio fort land should be transferred to the State.

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