Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam
Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam is a Islamic journal that focuses on critical studies of Islamic studies, education, and Islamic law. Ar-Risalah published by Institut Agama Islam Ibrahimy Genteng Banyuwangi. Publishing two times a year: issues 1 on april and issue 2 on october. Ar-Risalah have a registration number print ISSN 1693-0576 and online ISSN 2540-7783 published by the Indonesian Institute of Sciences (LIPI). Ar-Risalah: Media Keislaman, Pendidikan dan Hukum Islam is a Islamic journal that focuses on critical studies of Islamic studies, education, and Islamic law.
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<![CDATA[PENGARUH HUKUM ADAT TERHADAP PRAKTIK PERNIKAHAN DIBAWAH UMUR DI MASYARAKAT GAYO ]]>
<![CDATA[Sarwani, Novita]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2102
<![CDATA[Occurs in some communities around the world, including Gayo’s community. Gayo community has a syntem of costomary law tha plays an important role in organizing community life, including the practice of marriage objectives of this research to analyze the underage unservice of the Gayo. The method used in this research is a qualitativeve approach with descriptive approach. Using interview, and document analysts are undernending underdomed practice in Gayo’s society.the results showed that the customary hammo in Gayo community has a strong influence on wending practices under umnur. The law provides legitimacy of underwriting practices with the grounds of maintaining the family’s honor, maintaining tradition, or avoiding social cinflicts. This study provides understanding of the causes of underage marriage practices in Gayo community, as well as the role of costomary law in this phenomenom]]>
<![CDATA[PENGELOLAAN WAKAF TUNAI OLEH AZISWA DI PONDOK PESANTREN USHULUDDIN LAMPUNG SELATAN ]]>
<![CDATA[Alfikri, Ahmad]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2092
<![CDATA[Ushuluddin Islamic Boarding School in South Lampung is still not yet qualified for a nadzir. Article 6 paragraph (3) of Government Regulation No. 28 of 1977, that nadzir must be registered at the Religious Affairs Office of the local sub-district for approval. This purpose is to find out the state of the relationship between one thing and another, especially causal relationships. This type of research is field research with a case study approach. Data collection is done through observation, interviews and documentation. Data wetness using source and method triangulation. The results showed that the Nadzir in the Ushuluddin Islamic Boarding School in South Lampung was legal according to Shari'ah, but not in accordance with applicable legislation. So that the management of cash waqf at the Ushuluddin Islamic Boarding School in South Lampung is legal according to the provisions of Shari'ah, but when viewed according to the applicable laws there are still some cash waqf implementations that are not appropriate.]]>
<![CDATA[KESETARAAN GENDER DALAM PEMBAHARUAN UNDANG-UNDANG WARIS SOMALIA ]]>
<![CDATA[Salahuddin, Muhammad]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2109
<![CDATA[Inheritance Law which regulates the ownership of assets transferred by the heir to the heirs in the form of money, goods, land or Sharia rights. Reforms regarding inheritance law in Islamic countries on average use 2:1 for the distribution formula, namely men get 2 more shares than women. However, this is not the same as the legal reform that occurred in Somalia, where the division between men and women was equalized, namely 1:1. This research is qualitative research that uses a Gender Equality approach because it sees changes in inheritance law carried out by Somalia to equalize the division between men and women. Somalia's inheritance law is different from the provisions regulated in the Al-Qur'an and the Shafi'i Madzhab which are used as guidelines by the country. Apart from that, the provisions of inheritance law in Somalia are not in accordance with the provisions of other Madzhabs. This shows that the inheritance law has changed due to the social and familial elements that exist in the country of Somalia which adheres to a socialist system. The results of this research, namely the 1:1 distribution formula initiated by Somalia, show that the right to inherit property is equal for men and women. This illustrates that Somalia wants to equalize the rights for men and women in obtaining inheritance. So the issue of gender differences does not determine the distribution of inheritance in Somalia. This equalization of the distribution of inheritance raises the status of women so that equality between men and women is visible.]]>
<![CDATA[PERNIKAHAN PENDERITA HIV AIDS DALAM TINJAUAN MAQASHID SYARIAH ]]>
<![CDATA[Afanin, Inas]]>;
<![CDATA[Syarafuddin, Muhsan]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2071
<![CDATA[Marriage with HIV AIDS causes danger because the disease can transmit to their partners and offspring. On the other, PLWHA still has biological needs that need to fulfilled. The life of PLWHA to fight disease creates new problems in their future married life. Therefore, it needs to research the complications in PLWHA marriages and analyze PLWHA marriages in a review of maqashid sharia to find out how goodness be realized. This research uses the library method by reading and collecting data related to research objects from print and online media. The collected data were analyzed using qualitative methods and presented in deductive paragraphs. The result is complications of PLWHA marriage are economic problems, physical and psychological health, social, and complicated sexual and hereditary problems. The law of PLWHA marriage prohibited because they included ad-darar al-'am or general dangers that could harm other people. That is in line with maqashid sharia sad az-zariah or preventing damage. However, when someone accepts PLWHA and the impact on his marriage to PLWHA, marriage is allowed on condition that he can maintain maqashid sharia, there are protecting religion, soul, offspring, mind, and property. Meanwhile, marriage between PLWHA and PLWHA are more recommended because the harmless and they do not tyrannize other people.]]>
<![CDATA[EKSISTENSI PENGALIHAN PENANGGUNGJAWABAN MENCARI NAFKAH TERHADAP ISTRI MENURUT PERSPEKTIF ILMU FIKIH DAN ILMU PSIKOLOGI ]]>
<![CDATA[Nisa, Syaifi Udzkhiyatin]]>;
<![CDATA[Muhtadin, Sabilul]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2061
<![CDATA[Marriage is a way to form a family with sacred ties and based on religious teachings. The existence of this marriage bond will give rise to rights and obligations. Among the duties of a wife are to obey her husband and maintain his honor. Meanwhile, the husband's obligations include the obligation to provide maintenance. Brebes is the second largest district in Central Java Province. This research aims to determine and analyze the impact of the transfer of earning a living on the wife, the factors causing it and the law on the transfer of earning a living from the perspective of Islamic jurisprudence and psychology. This research uses a qualitative approach with a case study type. The results of this research show that: (1) there are 4 negative impacts and 2 positive impacts experienced by the transfer of responsibility for earning a living to wives in Brebes District, (2) there are 4 factors that cause wives to choose to earn a living in Brebes District, ( 3) The transfer of responsibility for earning a living to the wife gives rise to laws in jurisprudence based on several circumstances and also the existence of a wife who plays a dual role can affect marital and family harmony, as well as affect the wife's mental condition.]]>
<![CDATA[PENGARUH RETENSI NADHOMAN TERHADAP PENINGKATAN PRESTASI SANTRI DALAM PEMBELAJARAN KITAB ALFIYAH IBN MALIK DI PONDOK PESANTREN NGALAH PURWOSARI ]]>
<![CDATA[Febrianti, Firda Cahyaning]]>;
<![CDATA[Abdullah, Muhammad]]>;
<![CDATA[Ma'ruf, Ahmad]]>;
<![CDATA[Yusuf, Achmad]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2137
<![CDATA[The Ngalah Purwosari Islamic Boarding School is one of the Ngalah Islamic Boarding Schools that requires students to memorize nadhom nahwu science at the wustho level. The purpose of this study was to determine the effect of nadhoman retention on increasing achievement in learning the book of alfiyah ibn malik at the Ngalah Purwosari Islamic Boarding School, and to determine the relationship of nadhoman retention to increasing achievement in learning the book of alfiyah ibn malik at the Ngalah Purwosari Islamic Boarding School. This research uses quantitative research methods. This study used 45 respondents of wustho santriwati as research subjects. Based on the validity test and reliability test on the knowledge variable questions, 20 valid questions were obtained with a correlation value of more than 0.294. The validity test on the question list is declared valid because all have met the criteria. In the reliability test of the variables of knowledge, attitudes and behavior, realistic or consistent results were obtained because each of the reliability tests obtained a coefficient value of 0.724. An r value of 0.876 is given for the hypothesis testing phase based on correlation testing. It is in the range of 0.70 to 0.90, so we can say that it is related. This means that the degree of relationship between the two variables is very high, and since the significance test shows values of 0.00 < 0.05, it can be said that a hypothesis test with the label "There is a relationship between pre-test and post-test" is acceptable.]]>
<![CDATA[PERLINDUNGAN PEREMPUAN PADA PENERAPAN SANKSI PIDANA HUKUM KELUARGA DALAM ADMINISTRATION OF MUSLIM LAW ACT 1966 SINGAPURA ]]>
<![CDATA[Rahmah, Muftihatu]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2125
<![CDATA[This article discusses the protection of women based on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the application of criminal sanctions under the Administration of Muslim Law Act 1966 (AMLA) in Singapore. The research aims to analyze to what extent criminal sanctions in Islamic family law in Singapore have met the standards of women's protection set forth by CEDAW. This study employs a literature review approach using a gender justice perspective on women's protection as defined by CEDAW. The research findings indicate that the implementation of criminal sanctions under AMLA represents a significant step in safeguarding women. The criminal sanctions applied within AMLA provide legal assurance for women who experience violations within the context of family law, such as domestic violence, unlawful marriages, or the neglect of women's rights in divorce.]]>
<![CDATA[PERAN GURU PENDIDIKAN AGAMA ISLAM DALAM MENANAMKAN PENDIDIKAN KARAKTER RELIGIUS BERBASIS ASWAJA DI MADRASAH ALIYAH MA’ARIF SUKOREJO ]]>
<![CDATA[Nirmawati, Alfani Apriliani]]>;
<![CDATA[Mohtarom, Ali]]>;
<![CDATA[Ma’ruf, Ahmad]]>;
<![CDATA[Yusuf, Wiwin Fachrudin]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2056
<![CDATA[The role of Islamic Religious Education teachers in instilling religious character in students at Madrasas which aims to increase the cultivation of religious characters through religious activities at their Madrasas. The purpose of this study was to determine the meaning of ASWAJA-based religious character education, to determine the role of Islamic Religious Education educators in instilling ASWAJA-based religious character education at Madrasah Aliyah Ma'arif Sukorejo and to determine the supporting and inhibiting factors of the role of Islamic Religious Education teachers in instilling ASWAJA-based religious character education at Madrasah Aliyah Ma'arif Sukorejo. In this study, the researcher used a qualitative descriptive approach, in which the descriptive meaning itself is a formulation of the problem that becomes a research guide for exploring or photographing social situations that will be thoroughly, broadly and in-depth examined. Data collection is done through observation, interviews and documentation. Then the data is analyzed with stages of data collection, data reduction, data presentation and conclusions. In order to ensure the validity of the data, triangulation of sources and methods is used. The results of the study show that the teacher seeks to instill Religious Character Education in students by carrying out religious teaching activities every day at Madrasah, the role of the teacher as a facilitator, motivator, and inspirer, evaluator, then the process of cultivating religious character at Madrasa Aliyah Ma'arif Sukorejo has supporting and inhibiting factors that come from the conditions of the students themselves and their environment, including the family environment, community and friendship environment.]]>
<![CDATA[PERSEPSI ULAMA NU BLORA TERHADAP BATAS MINIMAL USIA PERKAWINAN DALAM UNDANG UNDANG NOMOR 16 TAHUN 2019 ]]>
<![CDATA[Saidatul Chumayro']]>
<![CDATA[ Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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<![CDATA[This study aims to describe the perceptions of the ulama of Nu Blora regarding the age limit for marriage stipulated in Law No. 16/2019. The emergence of this new provision raises a difference of opinion, especially among the ulama, which basically the provisions for the permissibility of marriage in Islam have reached baligh only without mentioning age. This research was conducted in Blora Regency with descriptive qualitative research and empirical juridical approach. The data was obtained by conducting interviews with Ulama Nu Blora and then describing it by means of data reduction, data presentation, and conclusions. The results obtained are the opinions of ulama who agree, disagree, and moderate ulama (not fully agree and disagree) against the law. Scholars who agree consider the regulation to be very beneficial for the community because in the household there is a need for emotional and financial preparedness. However, not all scholars can accept these rules, there are some who remain principled with Islamic law, namely the principle of baligh. They assume that if the marriage is delayed it is feared that an adultery will occur, especially seeing the promiscuity that occurs in the current era. Then moderate scholars argue that in implementing the law, they must look at the madharat and mashlahat aspects. Based on these results, the author specifically concludes that preparing mentally, physically and materially is very important because when we dare to get married, we are ready to be responsible for our rights and obligations after marriage.]]>
<![CDATA[OTORITAS FATWA KEAGAMAAN DALAM KONTEKS ERA KECERDASAN BUATAN (ARTIFICIAL INTELLIGENCE/AI) ]]>
<![CDATA[Hakim, Lukman]]>;
<![CDATA[Azizi, Muhamad Risqil]]>
<![CDATA[ Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023) ]]>
Publisher : <![CDATA[LPPM IAI IBRAHIMY GENTENG BANYUWANGI ]]>
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DOI: 10.69552/ar-risalah.v21i2.2101
<![CDATA[There is almost no line of life that is not possessed by artificial intelligence, including in the religious field. Islamic information, including religious fatwas can now be obtained quickly, easily, and abundantly by Muslims with the help of artificial intelligence technology. This poses an ethical problem when artificial intelligence algorithms shift religious authorities. This paper specifically discusses the views of (a) Islam about the presence of artificial intelligence technology and (b) questions religious fatwas from artificial intelligence using a normative approach with literature data. From this paper it is obtained that seeing the positive and negative impacts contained in the use of artificial intelligence, the Islamic view in this case is in a position of conflict on the one hand and reconciliation on the other when faced with artificial intelligence technology. As for fatwas obtained from artificial intelligence, in general it cannot be the only source to be taken as a legal opinion that is followed because of its anonymity (majhul al-hal). Thus, Muslims must still refer to credible religious authorities established or legalized by local authorities.]]>
