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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 311 Documents
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Analisis Asas Ijarah pada Sistem Pengupahan Sales di Kecamatan Banjaran Said, Syakirah Apriliahana; Relit Nur Edi; Anis Sofiana
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i2.13386

Abstract

This study explores the application of the ijarah principle in the wage system for sales workers in Banjaran District, focusing on assessing justice ('adl) and worker protection. The research aims to evaluate whether the commission-based wage system implemented in small-scale toy businesses aligns with the principles of ijarah contracts in Islamic law. Using a descriptive-analytical qualitative approach, data were collected through interviews, observation, and documentation. The findings indicate that the wage system formally meets essential elements of ijarah, including clear contracts and mutual consent. However, substantive justice and worker protection are not fully achieved, as workers bear economic risks without a guaranteed minimum income. This study proposes a reform of the ijarah-based wage model by integrating income guarantees and risk-sharing mechanisms in accordance with the maqāṣid al-sharī'ah. These findings are expected to contribute to the development of a fairer wage system in Sharia-compliant employment relations
Analysis of Liability Models in the Juvenile Justice Drama Series from a Criminal Law Perspective Prayudi; Purwanda, Sunardi; Sabir, Muhammad; Tijjang, Bakhtiar; Mannan, Khaerul
Al-'Adl Vol. 18 No. 2 (2025): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v18i2.13928

Abstract

Juvenile crime constitutes a complex legal phenomenon that cannot be separated from the influence of the social environment, particularly the involvement of adults surrounding the child. The television drama Juvenile Justice portrays juvenile crime not merely as an individual act, but as the result of power relations, neglect, and exploitation by adults who bear legal duties of supervision and protection. This study aims to analyze patterns of adult involvement in juvenile crime and to assess the relevance of the doctrine of vicarious liability from a criminal law perspective. Employing normative legal research with a qualitative approach, this study applies both conceptual and case-based approaches. The data were derived from primary and secondary legal materials, complemented by scene analysis of Juvenile Justice as an object of popular culture studies. The findings indicate that juvenile अपराध in the series is structurally connected to the role of adults, either through failures of supervision or through active involvement that facilitates the commission of criminal acts. The doctrine of vicarious liability is therefore considered relevant as a legal instrument for extending criminal responsibility to adult actors who make significant contributions to juvenile crime, without undermining the principles of legality and culpability. This study concludes that the application of vicarious liability may serve as a more just and proportionate alternative within the juvenile criminal justice system by allocating criminal responsibility in a balanced manner between child offenders and the adult actors operating behind the commission of the crime.
Customary Land as Mining Shares in the Perspective of Islamic Law Salam, Safrin; Yahya, Safarudin; Jusu, La; Haniru, Rahmat; Khalil, Abdelmajid Idris Mohammed
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.12897

Abstract

Customary land has a strategic position in the national legal system because it is a manifestation of the customary rights of customary law communities that are recognized and protected by the state. Modern economic developments, especially in the mining sector, have encouraged the emergence of legal innovations in the form of converting customary land into mining shares as a form of indigenous peoples' participation in economic activities. This study aims to analyze the legality and legitimacy of converting customary land into mining shares, specifically from the perspective of Islamic law. The research examines whether this practice aligns with Islamic principles of justice, benefit, and communal ownership, and how it can serve as an instrument for the economic empowerment of indigenous communities. The study employs normative legal methods, using legislative, conceptual, and comparative approaches to analyze primary and secondary legal materials. The results of the study show that the national legal system through the UUPA, the Mineral and Mineral Law, and the Limited Liability Company Law opens up space for the participation of indigenous peoples in the mining sector, but has not explicitly regulated the mechanism for converting customary land into shares. From the perspective of Islamic Law, this practice can be justified as long as it is based on the principles of justice (al-'adl), benefit (maṣlaḥah), and joint ownership (al-milkiyyah al-musytarakah), and is carried out through a transparent and equitable partnership model such as musharakah or mudharabah. Thus, the conversion of customary land into mining shares can be an instrument of economic empowerment of indigenous peoples that are legally valid and in accordance with Islamic values, as long as it guarantees collective rights, environmental sustainability, and sustainability of social benefits.
Dari Fatwa ke Kebijakan Luar Negeri: Analisis Maqāṣid al-Sharī‘ah terhadap Fatwa MUI Tahun 2024 tentang Hubungan Internasional Bianda, Ryan; Gunaepi, Aang; Yosef Niteh, Muhammad; Ahmad, Maad
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.12904

Abstract

The growing complexity of global diplomacy and ethical governance urges scholars to revisit Islamic legal reasoning as a moral compass in international relations. This study aims to analyze the 2024 Fatwa of the Indonesian Council of Ulama (MUI) on the Principles of International Relations through the framework of maqāṣid al-Sharī‘ah. Using a qualitative normative approach, the research examines theological foundations, juridical arguments, and ethical implications by comparing the fatwa’s substance with classical Islamic legal sources and contemporary global ethics. The findings indicate that the fatwa operationalizes maqāṣidic principles such as justice, the preservation of life, and human dignity, affirming Islam’s compatibility with universal humanitarian norms. It further positions Islamic jurisprudence as a constructive partner in global governance through moral diplomacy grounded in compassion and fairness. The integration of maqāṣid al-Sharī‘ah within diplomatic frameworks highlights its potential to guide ethical policymaking and promote global solidarity. Ultimately, the fatwa redefines the role of Islamic law in shaping inclusive and humane diplomacy, offering a normative model for ethical engagement in international affairs.
Enforcement of Islamic Criminal Law is a Concrete Solution to Eradicate Corruption Salsabila, Adzanah Mariska Salsabila; Anggara, Zaky; Hasan, Firdaus
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.12907

Abstract

The persistence of systemic corruption in Indonesia highlights the structural inadequacy of positive law in confronting extraordinary crime. Data from Indonesia Corruption Watch (ICW) show that in 2023 there were 791 corruption cases involving 1,695 suspects, causing potential state losses of Rp56 trillion, which escalated dramatically in 2024 to Rp279.9 trillion. This escalation reflects not merely weak law enforcement, but a deeper normative failure in the construction and orientation of positive criminal law, which remains predominantly formalistic and punitive without effectively addressing the social harm and breach of public trust inherent in corruption. This study aims to critically examine Islamic criminal law as a normative alternative framework for combating corruption, premised on the holistic character of fiqh jināyah in addressing both moral and structural dimensions of crime. Employing a qualitative method with a normative juridical approach, this research utilises statute and conceptual analyses based on secondary data derived from legislation, Islamic legal sources, and criminal law literature. The findings indicate that positive law has not comprehensively addressed corruption, thereby affirming the relevance of Islamic criminal law, which conceptualises corruption as jarīmah fasād grounded in Qur’anic principles and legal maxims, offering a stronger foundation for deterrence, justice, and social accountability.
Beyond Classical Fiqh: Sa'ad al-Dīn al-'Uthmānī's Ijtihādī Methodology in Islamic Constitutional Jurisprudence Abdul Azis, Fakih; Az-Zuhri, Muhammad
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.12908

Abstract

This article examines Sa'ad al-Dīn al-'Uthmānī's contribution to Islamic constitutional jurisprudence through qualitative, analytical-descriptive analysis of his books, peer-reviewed articles, and political speeches. The study addresses a significant research gap by moving beyond existing ideological critiques to systematically reconstruct his constitutional vision and its juristic foundations. Employing thematic coding, the research maps his arguments onto core dimensions of constitutional thought, including sources of political authority, the distinction between religious and political communities, and the protection of rights. The findings demonstrate that al-'Uthmānī rejects the notion of a fixed "Islamic political system" and instead conceptualises state structure as an ijtihādī domain grounded in maqāṣid al-sharī'ah. He reinterprets Khilāfah as a contingent historical construct and affirms the compatibility of Islam with a civil, democratic state based on popular consent, rule of law, equality, and citizenship. His approach, which distinguishes between religious and political communities, sharī'ah and positive law, religious and civil legislation, and Islamic principles versus historical manifestations, offers a maqāṣid-oriented framework that bridges da'wah and political activism, tradition and modernity. The article concludes that al-'Uthmānī provides a coherent model for articulating Islamic constitutional jurisprudence in plural, democratic contexts, while identifying the need for future empirical and comparative research on the practical application and contestation of his ideas.
Reconceptualizing Al-Sāriq: Linguistic And Maqâshid-Based Analysis Of Electronic Embezzlement And Digital Manipulation Muhammad Rusdi bin Muhammaddiah; Awwaluz Zikri; Izdihar Nurul Fajar; Umami, Yusra
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.12912

Abstract

Digital transformation has reshaped the landscape of corruption and challenges classical Islamic criminal law. This article reconceptualizes al-Sāriq for digital corruption through a qualitative textual study that integrates classical Islamic legal hermeneutics with contemporary linguistics. the study aims to trace the evolution of the meaning of al-Sāriq, construct an adaptive framework for cyber-enabled offenses, and formulate implementation strategies within modern justice systems. Using text analysis, it combines comprehensive linguistic inquiry on al-Sāriq, the integration of maqâshid al-sharia with technological developments, and strategy development through case studies and comparative legal reviews. Findings indicate that al-Sāriq extends beyond physical theft to encompass unauthorized appropriation and manipulation of digital assets. The maqâshid-oriented framework broadens legal protection to digital assets, institutional reputation, and social stability, enabling proportionate calibration between ḥudūd and ta‘zīr in complex schemes. The proposed conceptual model allows Islamic criminal law to respond effectively to digital corruption without compromising sharia principles. The study underscores the necessity of an interdisciplinary approach and the adaptive capacity of Islamic law, while offering sanction models that are proportional, restorative, and responsive to contemporary corruption dynamics.
Towards Ecological Justice: Perspectives on Islamic Law and Deep Ecology Environmental Ethics in Overcoming The Environmental Crisis: , Rizaldy, Wahyu Fahmi; Sopalo, Justino Ximenes Sopalo
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.12963

Abstract

The increasingly urgent global environmental crisis demands effective, fair, and equitable solutions. The concept of ecological justice offers a crucial framework to achieve this goal. This framework fundamentally emphasizes the fair distribution of environmental benefits and burdens, secures the recognition of the rights of indigenous and local communities, and mandates inclusive participation in environmental decision-making. In this context, Islamic law presents a robust foundation for achieving this justice. Its principles are rooted in the human responsibility as 'caliphs' (stewards) of the Earth. This perspective is highly compatible with deep ecology's environmental ethics, which radically views nature as possessing intrinsic value, independent of human utility. This paper aims to develop a theoretical framework that integrates these two potent systems—Islamic law and deep ecology ethics—and subsequently applies this synthesized framework to real-world case studies. A normative legal method is employed to systematically analyze Islamic legal principles and doctrines relevant to ecological justice. The research results indicate that this integration provides comprehensive, ethically-grounded guidance for addressing the complex environmental crisis. This approach moves beyond mere conservation to champion true ecological justice. Principles within Islamic jurisprudence, such as the prohibition against destroying nature (fasad), the obligation to maintain ecosystem balance (mizan), and the concept of the rights of all living creatures, align closely with the core values of deep ecology, particularly the emphasis on interconnection and nature's intrinsic worth. Ultimately, the application of this theoretical framework in real case studies demonstrates its significant potential to create tangible, sustainable, and genuinely just environmental solutions that respect both human dignity and ecological integrity.
Islamic Law and Digital Transformation: A Contemporary Fiqh Analysis of Ethics, Muamalah, and Artificial Intelligence Muntazar, Nazril; Bin Soberi, Muhammad Fauzan
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.13034

Abstract

Information technology has brought profound changes to the social, economic, and legal behavior of Muslims. This study addresses the problem of how Islamic law responds to ethical and jurisprudential challenges in the digital era, including electronic transactions, social media, data protection, privacy, and artificial intelligence (AI). The purpose of this research is to examine the response of modern fiqh to these phenomena and assess their alignment with the principles of maqāṣid al-syarī‘ah. The study employs a qualitative method through library research analyzing forty primary and secondary sources, including Scopus- and SINTA-indexed journals, DSN-MUI fatwas, and Majmaʿ al-Fiqh al-Islami reports. The data were interpreted using a descriptive-analytic method, involving reduction, categorization, and thematic synthesis. Findings indicate that Islamic law demonstrates strong adaptability through the principles of maslahah mursalah, collective ijtihad, and maqāṣid al-syarī‘ah in addressing digital transformations. In economic transactions (muamalah), fairness and transparency justify the permissibility of online trade and sharia fintech. In the sphere of social media ethics, concepts such as al-akhlaq al-karimah and tabayyun govern moral digital conduct. Regarding privacy and AI, Islamic law underscores the protection of human dignity (hurmah al-insān) and the moral accountability of technology developers. In conclusion, Islamic law is not merely reactive but provides a proactive ethical and legal framework. The study recommends establishing a Sharia-based digital ethics institution and fostering multidisciplinary collaboration among scholars, jurists, and technologists to advance the development of digital fiqh in contemporary society.
Inggris Abdillah, Muhammad Torieq; Naufal, Yamani; Syifa, Dian May
Al-'Adl Vol. 19 No. 1 (2026): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v19i1.13086

Abstract

The Free Nutritious Meal (MBG) program initiated by the Prabowo-Gibran government is a strategic effort to overcome nutrition problems and improve the quality of human resources in Indonesia. However, its implementation faces serious challenges in the form of cases of mass poisoning, poor nutritional quality, and uneven distribution. This study aims to analyze the MBG program through the lens of two legal philosophies: the Rechtsstaat (state of procedural law) of F.J. Stahl and al-maṣlaḥah al-‘āmmah (public interest) of Ibn Taymiyah. This study uses a normative legal method with a conceptual and comparative approach by testing the program's compliance with justice and public welfare. The findings of the study show that the implementation of MBG has not met the principles of the two thinkers. From Stahl’s perspective, cases of mass poisoning, weak checks and balances, and the absence of transparent legal accountability represent the state’s failure to protect fundamental rights and uphold the principles of law-based governance (wetmatigheid van bestuur). From Ibn Taymiyyah’s perspective, centralistic inefficiency and distribution injustice are evidence of a disregard for public trust and a violation of the principle of comprehensive justice (al-‘adl). The synthesis of the research concludes that the success of MBG requires the integration of Stahl’s procedural-legal framework with Ibn Taymiyah's moral-substantive values, which demand legal accountability as well as ethical-religious responsibility in accordance with Indonesia’s philosophy as a religious nation-state

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