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Al-Adalah: Jurnal Hukum dan Politik Islam
Published by Institut Agama Islam Negeri Bone
ISSN : 24068802     EISSN : 2685550X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Adalah : Jurnal Hukum dan Politik Islam is an academic journal for Legal Studies published by Study Program of Constitutional Law, Shariah and Islamic Law Faculty, Islamic State Institute of Religion (IAIN) Bone, Indonesia. Al-Adalah: Jurnal Hukum dan Politik Islam contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Al-Adalah; Jurnal Hukum dan Politik Islam also covers multiple studies on law in a broader sense. This journal is periodically published (in January and Juli) and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period.
Arjuna Subject : -
Articles 14 Documents
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Search results for , issue "Volume 10 No.2 2025" : 14 Documents clear
Marriage Postponement in the Mandailing Community: A Maqasid al-Shari'ah-Based Socio-Legal Analysis of Bujing-Bujing Tobang and Poso-Poso Tobang in Sibual-Buali Village Sunnah warisah Hasibuan; Abd. Mukhsin
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.10259

Abstract

This study examines the phenomenon of marriage postponement among bujing-bujing tobang (unmarried adult women) and poso-poso tobang (unmarried adult men) in Sibual-Buali Village, Padang Lawas, through the lens of maq??id al-shar??ah. Employing a qualitative design with an empirical-juridical approach, data were collected through semi-structured interviews with 12 informants across three age groups (25–27, 27–30, and 30+), alongside local customary leaders and religious scholars, complemented by library research on the Qur’an, Hadith, the Compilation of Islamic Law, and classical fiqh literature. Findings indicate that the dominant factors contributing to delayed marriage include economic instability, caregiving responsibilities, prior emotional experiences, and aspirations for education and career development. Analysis through the maq??id al-shar??ah framework reveals that these reasons align with the preservation of religion (?if? al-d?n), life (?if? al-nafs), intellect (?if? al-?aql), lineage (?if? al-nasl), and wealth (?if? al-m?l). Thus, marriage postponement is understood not merely as an individual preference but as a strategy to balance personal, familial, and spiritual obligations. The study recommends strengthening premarital education grounded in maq??id, refining marriage dispensation mechanisms, and applying the maq??id cum-mub?dalah approach. These findings provide actionable insights for policymakers, religious leaders, and scholars to integrate Islamic legal principles with contemporary social realities.
Consumer Protection Against Unauthorized Charges in Subscription-Based Parking System in Medan: A Legal Analysis from the Perspective of Istishab Filjannah, Annisa; Hidayat, Rahmat
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.10263

Abstract

The imposition of unauthorized charges on subscription-based parking consumers in Medan City undermines legal certainty and causes significant economic and psychological harm. Although designed to ensure convenience and protection, the subscription parking system has failed to prevent double charging, exposing the weakness of current consumer protection mechanisms. This study analyzes legal protection for subscription parking consumers by integrating positive law and the Islamic legal principle of istishab. Using empirical legal research with a qualitative approach, data were collected through literature review, in-depth interviews with consumers and parking attendants, and analysis of regulatory documents. Findings reveal that consumers suffer ongoing financial losses and distress despite fulfilling their legal obligations, while weak supervision and misaligned revenue-sharing mechanisms perpetuate unauthorized levies. From an istishab perspective, consumers’ rights remain valid unless lawfully nullified, rendering such charges a violation of both positive and Islamic law. The study proposes an integrative framework for consumer protection, recommending stricter enforcement, restructuring revenue-sharing schemes, and improving attendant education to restore public trust.
Enforcing Laws Against Illegal Gold Mining through the Lens of Islamic Criminal Law: A Case Study of Jambur Tarutung Kotanopan Tagor Indra Mulia Lubis; Ramadani
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.10270

Abstract

Illegal gold mining (pertambangan emas tanpa izin, PETI) in Jambur Tarutung, Kotanopan, presents complex legal, socio-economic, and environmental challenges. This study examines the enforcement of criminal law against illegal gold mining in the region and explores how Islamic criminal law can provide a complementary framework for addressing such issues. Using an empirical juridical approach, this research integrates normative analysis of relevant legal provisions - particularly Law No. 3 of 2020 on Mineral and Coal Mining - with field data gathered through in-depth interviews, observations, and document analysis involving law enforcement officials, community leaders, religious scholars, and affected residents. Findings reveal that law enforcement remains largely ineffective due to weak supervision, limited institutional capacity, socio-political interference, and the dependence of local communities on illegal mining as an economic livelihood. From an Islamic criminal law perspective, these activities constitute jarimah ta?z?r involving fasad (corruption and destruction), warranting discretionary sanctions by the ulil amri that combine punitive and restorative measures. This study argues for an integrative enforcement model that merges positive law with maq??id al-shar??ah, emphasizing ecological restoration, community empowerment, and moral-spiritual reform. Such an approach promotes sustainable resource governance while fostering social justice and collective environmental responsibility.
Legal Validity and Implications of Remarriage During Divorce Proceedings in Indonesia: An Islamic Family Law Perspective Annisa Rahmi; Prasetiya, Nurul Huda
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.10336

Abstract

This study examines the phenomenon of unregistered marriages (sirri) conducted by women who are still undergoing divorce proceedings at the Religious Court of Teluk Nibung. The primary objective is to analyze the legal status of such marriages from the perspective of Islamic law and Indonesian positive law. Employing a qualitative method with a juridical-empirical approach, the research draws on interviews, observations, and document analysis. The findings indicate that remarriage during an unresolved divorce process is driven by socio-economic factors, spousal neglect, and limited legal awareness. From the standpoint of Islamic jurisprudence, particularly within the Shafi’i and Hanbali traditions, such marriages are invalid because the woman is not yet considered a widow in the sharī‘ah sense and has not completed the prescribed iddah period. Under Indonesian statutory law, these practices contravene the principle of monogamy as enshrined in Law No. 1 of 1974 and the Compilation of Islamic Law. This study highlights the incompatibility of the practice with both normative frameworks and underscores the urgent need for legal education and stronger institutional oversight to prevent deviations. The research contributes to the discourse on marriage law by offering a socio-legal perspective that integrates doctrinal analysis with community realities.

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