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Al-Azhar Islamic Law Review
Published by Sekolah Tinggi Agama Islam Al-Azhar Gowa
ISSN : 26547120     EISSN : 26566133     DOI : https://doi.org/10.37146/ailrev
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Al-Azhar Islamic Law Review (AILREV) adalah terbitan berkala ilmiah yang diterbitkan oleh Program Studi Hukum Keluarga Islam (Ahwal Syakhshiyyah), Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa. AILREV terbit dua kali dalam setahun, pada bulan Januari dan Juli.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 44 Documents
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Pernikahan Lintas Agama Muslim dengan Non Muslim Perspektif Hukum Islam Herdiansyah Herdiansyah; Novyar Satriawan Fikri; Syariffuddin Syariffuddin
Al-Azhar Islamic Law Review VOLUME 5 NOMOR 1, JANUARI 2023
Publisher : Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37146/ailrev.v5i1.208

Abstract

AbstractMarriage is a means of social and divine interaction. Islam strongly recommends that marriage relations must be accompanied by an element of equivalence or harmony. One of the elements of equivalence or harmony is in terms of religious beliefs. This research was conducted with the aim of knowing (1) how is the view of Islamic law in addressing interfaith marriages between Muslims and non-Muslims; (2) what are the social impacts of interfaith marriages between Muslims and non-Muslims. This research is a type of library research, by examining and reviewing sources from books and literature related to the issues discussed, or other supporting sources. The final conclusion of this study: First, interfaith marriages between Muslims and non-Muslims when viewed from the perspective of Islamic law can be divided into four categories, along with their respective laws. Second: regarding what is meant by Ahlul Kitab women who are allowed to marry Muslim men, there are many differences of opinion among scholars, there are some who forbid it on the grounds that Ahlul Kitab are also polytheists, but the majority of scholars still allow it, some allow it with conditions and there are also allowed it unconditionally. Third: it is permissible for a Muslim man to marry a Biblical woman with the intention that he is able to influence his wife and children to embrace Islam, because he tends to have power. Fourth: If viewed from a benefit perspective, the marriage of a Muslim man to a Muslim woman who is muhshanah at the moment is Indonesian scholars, especially through the fatwa of the Indonesian Ulema Council (MUI) forbidding this marriage. The social impact of interfaith marriages between Muslims and non-Muslims will harm the values of Islamic religious teachings, and will greatly affect the domestic life between husband and wife as well as the process of education and upbringing of their offspring. 
Faktor-Faktor Penyerahan Perwalian Nikah kepada Penghulu di KUA Kec. Maritengngae Kab. Sidrap Nur Thaharah Buhana; Zaenab Zaenab; Aswar Aswar
Al-Azhar Islamic Law Review VOLUME 5 NOMOR 1, JANUARI 2023
Publisher : Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37146/ailrev.v5i1.241

Abstract

AbstractThis research was conducted with the aim of knowing (1) the process of handing over marriage guardianship to the head of the KUA Kec. Maritengngae; (2) what are the factors that cause the handover of marriage guardianship to the head of the KUA Kec. Maritengngae. This research is a field research using an empirical juridical approach with data collection techniques through observation, interviews and documentation. Based on the results of the research in the field, it shows that: 1. In the process of the marriage contract for those who submit marriage guardianship, previously the power of attorney was transferred to the represented party. Before the pledge is made, the Head of KUA/Penghulu reminds the guardian that it is better/afdal if it is the guardian himself who marries. If the guardian is at the place of the marriage contract then the handover of guardianship is direct but if the guardian is not at the place of the marriage contract then the handover of guardianship is in writing/taukil bil kitabah, i.e. the submission is through the KUA where the guardian is located to be known by the Head of the KUA, then the letter is sent / brought directly to the KUA's place for his son who will do the wedding, but at the KUA Kec. Maritengngae are more likely to hand over marriage guardianship directly. 2. The cause of the submission of marriage guardianship to the head of the KUA Kec. Maritengngae is caused by 4 factors, namely, habit/custom factors, psychological factors, educational factors, and health factors. 
Kekuatan Keterangan Saksi Anak sebagai Korban dalam Pembuktian Jarimah Pemerkosaan Anak Nabila Salsta Luthfiyyah; Abdul Salam
Al-Azhar Islamic Law Review VOLUME 5 NOMOR 1, JANUARI 2023
Publisher : Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37146/ailrev.v5i1.231

Abstract

Witness testimony as evidence in the evidentiary process is one of the important indicators that can determine that a crime has actually occurred and the accused is the perpetrator. Children as victims in the crime of rape against children here include witnesses who see and experience the incident themselves. The goal to be achieved in this research is to find out how far the strength of the testimony of child witnesses as victims in evidence at trial. This research itself is included in the type of normative research, namely research that emphasizes regulations related to the object being analyzed. The method used is descriptive analytical method, namely a method that describes research critically through qualitative analysis. The data used in this study are secondary data obtained from Decision Number 7/JN/2022/MS.Bna as well as review literature in the form of both secondary data which in writing are taken from various journals, books or articles on the internet related to testimony of child witnesses as victims in proving the crime of child rape. Based on the results of the research, the statements of witnesses of children under oath as victims of the criminal act of rape against children in the Aceh Qanun and the Criminal Procedure Code have similarities. The child witness's statement is not used as legal evidence, but if the child witness's statement is in accordance with the witness who has been sworn in, then it can be used as a guide or additional legal evidence
Implementasi Jaminan Reklamasi pada Perusahaan Pertambangan Batubara Muhammad Yunus; Bagya Agung Prabowo
Al-Azhar Islamic Law Review VOLUME 5 NOMOR 1, JANUARI 2023
Publisher : Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37146/ailrev.v5i1.224

Abstract

According to Law Number 3 of 2020 as an amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining and Government Regulation Number 78 of 2010 concerning Reclamation and Post-mining, it requires companies to carry out post-mining reclamation. There are 1,735 ex-mine pits that are not reclaimed in East Kalimantan, which is evidence of the poor responsibility of coal mining managers. As a result, ex-mines that are left gaping without reclamation and recovery will cause 40 people to die by 2021. The purpose of this research is to find out the responsibilities of mining managers and how the community's legal protection of guarantees for reclamation of coal mining companies in East Kalimantan. This research is a non-doctrinal legal research with a socio-legal approach. Researchers focus on the social, economic, political and cultural contexts that develop and influence law. The results of this study indicate that coal mining managers in East Kalimantan are not fulfilling their responsibilities as they should. Environmental interests are often ignored and defeated by economic and political interests, various regulations regarding the environment and post-mining reclamation are unable to compel related parties to carry out statutory orders. Furthermore, regarding the legal protection of the community, it is also not implemented properly, as evidenced by the dozens of souls who died needlessly, which did not even receive serious attention from the regional government of East Kalimantan Province. From each incident the death of the victim in the mining pit was never completely resolved through legal channels, only 1 (one) case was convicted and the sentence imposed was very light, namely only 2 (two) months, while the rest of the cases had no follow-up.

Page 5 of 5 | Total Record : 44

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