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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 3 Documents
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Search results for , issue "Vol 17, No 2 (2024): Al-'Adl" : 3 Documents clear
The Obligation of Pasar Pitu Tradition on Pre-Marriage implementation in Maqosid Shari'ah Analysis Widiyanto, Hari; Khasanah, Fitrohtul; Saifudin, Saifudin; Nursobah, Achmad; Malikhah, Wafiyatul
Al-'Adl Vol 17, No 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8435

Abstract

The relationship between Islamic law and the pitu market tradition in the form of practices carried out by Javanese society as part of pre-marriage is a form of strengthening in the development of Islamic law and gluing together traditions that develop in the community, so that this tradition is based on the maqosid sharia approach by involving prospective brides that visit seven different markets before getting married needs to be tested for its relationship and contribution to Islamic law and the community tradition. The research method used in the study used a qualitative study by conducting in-depth interviews with analysis using maqosid sharia. This research shows that the pitu market tradition has values in line with several fundamental aspects in the maqosid sharia framework such as hifz al-din and hifz al-'aql, hifz al-nasl, hifz al-mal. Thus the market pitu tradition carried out by the community as a pre-marriage has social, spiritual, and economic values in running the bride and groom's household life in the future. This market pitu tradition is a practice that is believed to provide blessings and introduce a form of responsibility if after a marriage from various aspects in the practice of the market pitu tradition.
Bridging Corruption Articles” through the National Criminal Code: The Perspective of Corruption Eradication and Ta'zir Fadhil, Moh.; Anwar, M. Ian Hidayat; Fernando, Zico Junius; Anditya, Ariesta Wibisono
Al-'Adl Vol 17, No 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.8436

Abstract

One of the tasks of criminal law reform is to consolidate criminal law provisions that are scattered in various laws and regulations. The drafting team has incorporated several special offences into the National Criminal Code as a bridge between the norms, making the National Criminal Code the epicentre. This raises normative questions about the position of special offences, especially corruption offences, when the norms are shifted to general norms in the National Criminal Code, in relation to the systematic enactment of Book I of the National Criminal Code, and whether the changes in the criminal formulation are proportional to the spirit of eradicating corruption. This research will focus on answering the above-mentioned normative concerns. This type of research is a normative research that focuses on the content analysis of legal materials in the form of Book I of the National Criminal Code, articles on corruption in the National Criminal Code and the Corruption Act. The validation process of the analysis results was presented in a forum group discussion with several legal aid organisations and university research institutions. The results of the research show that the intention of the drafting team to include corruption offences is limited to the technical consolidation of corruption offences in the National Criminal Code in the form of bridging articles. In the context of the fight against corruption, there are five crucial reservations, namely the disparity of penalties, the categorisation of fines, the powers of the State Loss Calculation Institution, the stagnation of the regulation of bribery offences and the harmonisation of the United Nations Convention against Corruption.
Diversity of Worship Fatwas During the Covid-19 Pandemic at the Institution of The Indonesian Ulama Council Marwadi, Marwadi; Labib, Mughni
Al-'Adl Vol 17, No 2 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i2.9363

Abstract

Fatwa is an Islamic legal consideration that is conveyed by a mufti or scholar, individually or collectively and becomes an answer to questions and to respond to problems that occur in society. The MUI fatwa is a fatwa that is quite significant when the Covid-19 pandemic occurred in the world, including in Indonesia. However, the fatwa that has been issued by the Central MUI as a guideline for the Muslim community in carrying out worship activities during the Covid-19 pandemic season is not necessarily followed and socialized by the MUI institutional level at the regional level. Some of the central MUI fatwas differ from those issued by regional MUIs, such as the fatwa on holding worship at home, wavy Friday prayers, and the use of the astrazeneca vaccine. The reason for the difference between the Central MUI and the MUI is because each MUI institution has a different typology and point of view. For the same case, a different typology produces a different fatwa, as in the difference in the fatwa prohibiting congregational prayers at the mosque between the traditional thinking typology of the West Sumatra MUI and the moderate thinking typology. Likewise, different perspectives can also lead to differences in fatwas between the Central MUI and regional MUI, such as the case of the halal status of the astrazeneca vaccine between the Central MUI and the East Java MUI. The same typology of thought, namely the moderate typology, but with a different point of view produces a different fatwa. Then in the case of the fatwa prohibition of Friday prayers, the waves are more due to conditions of social change. The central MUI fatwa prohibits wavy Friday prayers because they appear under normal circumstances while the fatwa allows wavy Friday prayers because there is an outbreak of Covid-19 even though in fact both of them have a moderate typology of thinking.

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