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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 290 Documents
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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.
The Impact of Mixed Marriage in Civil Law Review Djaoe, Andi Novita Mudriani; Bolo, Suriani Bt.; Baso, Fatihani
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.5203

Abstract

The article aims to reveal the complexities of mixed marriages between local people and mining workers (immigrants). The research method is a qualitative descriptive study that describes the impact of mixed marriages in mining areas in Southeast Sulawesi. The paper shows that mixed marriages are carried out in series without going through the applicable legal procedures. Mixed marriages are based on several aspects behind the legitimacy of providing a way for men (immigrants) as long as they can fulfil the traditional elements, pay for the customs, and are Muslim. Then mixed marriages took place, and it was their (women's) habit who see that immigrant workers could provide welfare. However, mixed marriage indirectly in civil terms means their marriage cannot be recognized and legalized.
Implications of The Revision of Law No. 16 of 2019 Againts the Practice of Child Marriage Iswandi, Iswandi; Yaqub, Andi
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.4578

Abstract

After the revision of Law No. 16 of 2019 concerning Marriage has implications for increasing child marriage by setting the age of 19 for women. The purpose of this study is to evaluate the existence of Law no. 16 of 2019 regarding the standardization of the age for child marriage. This type of literature exploration research with data collection is based on BPS census data from 2017-2020. The results of this study show that the practice of child marriage after the Marriage Law 2017 age <16 reached 16% and in 2018 dropped to 10%. However, in 2019 the age <16 increased by 14% and the age 17-18 was 23%, while in 2020 the age <16 increased to 15% and the age 17-18 decreased to 19%. The marriage presentation shows that due to the facto revision of the UUP it cannot minimize the practice of child marriage so it requires evaluation and consideration of the content of Law No. 16 of 2019 concerning Marriage.
Reviewing Islamic Criminal Punishment Views On Corruption Asset Confirmation Without Crimination Mustaufiq, Mustaufiq; Kurniati, Kurniati; Misbahuddin, Misbahuddin
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.5310

Abstract

The paper discusses the Islamic criminal system's views on confiscating corruptors’ assets, which has been proposed for a draft law since 2012. The confiscation of assets is a solution to provide a deterrent effect and restore state losses. This study uses library research methods with a normative approach to answering the question, "what is the view of Islamic crime on the concept of confiscation of assets without punishment?". The results state that the confiscation of assets resulting from criminal corruption is a form of ta'zir punishment that has been accommodated in Islamic criminal law, Islamic criminal law allows doubling corporal punishment and fines, to provide a deterrent effect on criminal offenders. Confiscation of assets has also fulfilled the essence of Islamic punishment in fulfilling the rights of Allah, rewarding in kind for the actions committed, and remorse that creates a desire to repent for the perpetrators.
Umar's Policy Specifications in Constitutional Law in Review of Siyasah Dusturiyyah Aspects Halimang, St.
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.4580

Abstract

The study aims to determine the specifications of Umar's policy in government from the perspective of siyasah dusturiyyah which is the development of Islamic legal thought. The results of the study show that the specifications of Umar's policy in government have the ability to direct the behavior of others, have certain skills that not everyone has, so that they can solve problems that arise in the life of mankind. Between the leader and the led there must be a synergy relationship, also between the people and the government in carrying out responsibilities. Umar's specifications in government have several principles, namely: (1) The application of legislation includes the benefit of the people (2) The principle of deliberation (3) The principle of justice (4) The principle of equality (5) The principle of responsibility (6) Obey the elected government de facto (real) (7) Build trust between them.
The Tradition of The Wakatobi Bajo Tribe in Determining Inheritance: A Legal Perspective of Islamic Inheritance Rahim, Basteng; Restu, Restu; Has, Muhammad Hasdin; Pangki, Pangki
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.3964

Abstract

The distribution of heirs to the Pesisir Bajo Wakatobi community is divided into five parts, namely; 1. Only child in a family, 2. Only child, male or female in a family, 3. Carer parents (family), 4. Youngest child in the family and 5. Will to caregiver parents (non-family). Meanwhile, the view of Islamic law regarding the distribution of heirs to the Bajo Wakatobi Coastal Community views that the distribution of heirs is selective., so that Islam views that the distribution of heirs to the Pesisir Bajo Wakatobi community is still based on existing customary law, so Islam views it as something that needs to be reviewed based on existing Islamic law, because in this distribution of heirs many parties are harmed.

Page 24 of 29 | Total Record : 290

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