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Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam
Published by Institut Agama Islam IBRAHIMY GENTENG BANYUWANGI
ISSN : 16930576     EISSN : 25407783     DOI : https://doi.org/10.29062/arrisalah.v18i1
Core Subject : Religion, Economy, Humanities, Education, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 404 Documents
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PELAKSANAAN DIVERSI PADA SISTEM PERADILAN ANAK PERSPEKTIF KEADILAN RESTORATIF DALAM HUKUM ISLAM Harahap, Rabiyatul Adawiyah; Bariki, Yusril
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2337

Abstract

Diversion is the transfer of settlement of child cases from the criminal justice process to processes outside the criminal justice. whether the diversion process in Law no. 11 of 2012 concerning the juvenile justice system, has it achieved the goal of restorative justice and how is diversion with a restorative justice approach reviewed into Islamic law. This research method is normative, type of literature research and the research approach is a conceptual approach, normative juridical approach, theory of restorative justice and Islamic law. The results of this study are the concept of diversion in the juvenile justice system which is contained in Law Number 11 of 2012 concerning the juvenile justice system has manifested restorative justice, diversion must be carried out not only for solving problems but for diversion. Also restore the condition of what has happened by involving all parties, both perpetrators, victims, families/guardians, society, social institutions others. Meanwhile, in Islamic law, restorative justice is also applied in Islamic law in the form of children's rights which very important because that in terms of handling children who are dealing with the law in Islamic law, legal justice and social justice and moral justice have been obtained.
PERSEPSI ULAMA NU BLORA TERHADAP BATAS MINIMAL USIA PERKAWINAN DALAM UU NO 16 TAHUN 2019 Chumayro, Saidatul
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 21 No 2 (2023): (Oktober 2023)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v21i2.2519

Abstract

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.
KEABSAHAN AKTA PERJANJIAN PENGIKATAN JUAL BELI, SURAT KUASA MENJUAL DAN/ATAU MELEPAS HAK ATAS OBJEK YANG MENJADI AGUNAN DI BANK Saputro, Agus Purwo; Huda, Miftakhul
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2339

Abstract

This research aims to determine the reasons for the invalidity of deeds of sale and purchase agreements, power of attorney for sale and purchase, and/or release of rights to objects mortgaged to banks, as well as the legal consequences of this invalidity. The research methode used is normative juridical, where theoretical aspects are analyzed and interpreted. Secondary data originating from primary and secondary legal sources is the basis for research. Primary legal sources include authoritative legal documents, while secondary legal sources include publications about law such as books, texts, legal journals, and comments on court decisions. then processed and studied using qualitative descriptive methods. The research results show that the causes of the invalidity of the deed can be explained by several factors. First, a power of attorney to sell does not have executory power to settle debts, and the absolute prohibition on the use of power is particularly important in the context of property sales. Second, the principle that the granting of power of attorney must be in line with the rights of the person giving the power of attorney is very important in determining the validity of these documents. The Sales and Purchase Agreement (PPJB) also plays an important role in ensuring there is a clear understanding of the rights and obligations in the legal relationship between the seller and the buyer. The notary as the official in charge of making deeds must ensure that the legal documents he makes comply with the provisions of the laws and regulations. Non-compliance can result in losses for all parties involved, especially in terms of rights protection and legal certainty.
HUKUM ZAKAT PERHIASAN EMAS DALAM PERSPEKTIF ISLAM (STUDI KOMPARASI ANTARA MAZHAB HANAFI DAN MAZHAB SYAFI’I) Rosmita, Rosmita; Bakry, Kasman; Wahyuni Nur, Sri Reski; Maryam, Maryam; Yusuf, Yulianti
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2072

Abstract

This study aims to determine the law of zakat on gold jewelry according to the Ḥanafī and Syāfi'ī schools as well as the similarities and differences between the two schools. To get answers to the above problems, the type of research used is qualitative research in the form of library research focused on manuscript and text studies. The research results found are; First, according to the Ḥanafī school of thought, gold jewelry is obliged to pay zakat based on general and specific arguments regarding the law of gold zakat. Second, the Syafi'i School views that zakat on gold jewelery is not obligatory to pay. Third, the similarity of the views of the Ḥanafī school and the Syāfi'ī school regarding the law of zakat on gold jewelry is their agreement that it is obligatory to pay zakat on gold jewelry worn by men. The two schools of thought also agree that it is obligatory to pay zakat on gold jewelry that is forbidden to be used by women or men. The difference between the two schools of thought is their difference in looking at the gold jewelry, the Hanafi school views it in terms of the basic material of gold jewelry so that the law is the same as gold which is not used as jewelry that must be paid zakat while the Syāfi'ī school views that gold jewelry has already been paid. is no longer judged as mining goods because it has changed its form so that it is the same as goods used to meet human needs so that zakat is not obligatory to be issued.
HAK WARIS ANAK LAKI-LAKI DAN PEREMPUAN DI NEGARA-NEGARA MUSLIM Herdiansa, Herdiansa; Fauzizah, Siti
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2313

Abstract

Conflicts between heirs are often caused by the desire to get an excess portion, which creates a sense of injustice and can lead to conflict. This has been proven by the high demand for mediation and lawsuits regarding inheritance in Indonesian religious courts. This research aims to answer questions related to regulations regarding the distribution of inheritance between male and female children in Muslim countries, including Indonesia. The type of research used in this research is normative juridical research (doctrinal legal research) and uses the form of library study research, by reviewing literature that is relevant to the theme being discussed. This research is descriptive-comparative in nature by explaining legal regulations and comparing inheritance rights for sons and daughters in Muslim countries. The results of this research are that the concept of Li Az-Zakari Mitslu Hazzi al Untsayain the Qur'an has become a permanent guideline in the division of inheritance, so that the regulation of 2:1 distribution of inheritance between sons and daughters is widely implemented by Muslim countries. such as Indonesia, Malaysia, Egypt, Morocco, Jordan and Tunisia. Several Muslim countries tend to maintain the provisions in faraid law regarding inheritance distribution. This is different from the distribution of inheritance in Turkey where the ratio of inheritance between sons and daughters is 1:1. The comparison of inheritance in Turkey is influenced by the factor of equal rights between men and women regarding inheritance rights.
ANALISIS PENGGUNAAN DUOLINGO SEBAGAI MEDIA PEMBELAJARAN MAHARAH ISTIMA' PADA ABAD 21 Hidayatullah, Taufiqurrahman; Ali, Mad; Khalid, Shofa Musthofa
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2385

Abstract

In the context of Arabic language learning, the role of media is very important to achieve learning success, especially in the development of listening skills. In the 21st century learning era, the emphasis on literacy, practical knowledge, skills, and attitudes is integrated with the understanding and utilization of technology. Duolingo application, as a representation of technology, has a very important role in the learning process, especially in language learning. This study aims to analyze the use of Duolingo as a learning medium and also analyze Duolingo's Lingual Audio for istima learning. The research method used in this study is a qualitative approach with descriptive analysis. The collection of information in the framework of this research involves interview techniques and the interviews used are semi-structured interviews. The research participants consisted of active users of Duolingo application who focus on learning maharah istima' in Arabic language learning. The results showed that the users appreciated the interactive and engaging design offered in the "gamified" aspect of the Duolingo app. Ease of use and user-friendliness were also considered as positive aspects in the learning context. Duolingo's voice features and audio-lingual approach are considered effective in improving Arabic learners' listening skills without causing boredom.
PERAN PEMENUHAN NAFKAH KELUARGA: STUDI PEMIKIRAN ULAMA HUKUM ISLAM Maghfurrohman, Muhammad; Fajariani, Nonik; Bin Mujib, Lalu Supriadi
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2174

Abstract

Supporting family success requires several components, including the economy. Good family economic conditions can often create a sakinah, mawaddah and warahmah family. In fulfilling the family economy, from an Islamic perspective, the husband is the one who is most responsible for providing for the family. However, now, especially in Indonesia, many wives or mothers also contribute to earning a living outside the home. Based on this reality, this research seeks to retrace Islamic literature related to the thoughts or interpretations of Islamic scholars/legal figures regarding the obligation to fulfill a living in the family. Is it only the husband who has the absolute right to provide maintenance or not. This research is included in library research and uses descriptive qualitative research methods. As for the research conclusions produced, in general Islamic law figures (fiqh) view that the obligation to provide for the family is the husband's responsibility. However, some fiqh scholars also hold the view that a wife is allowed to leave when the husband's condition is taken into consideration. If the husband cannot fully carry out the responsibility of earning a living in order to meet the family's needs, in that condition the wife can take on the role. Some scholars also set certain limits regarding the activities of wives who leave the house to earn a living, namely as long as they do not cause harm.
A PROGRESSIVE INTERPRETATION OF Q.S AN-NISA: 34: A COMPREHENSIVE EXPLORATION OF FAMILY LEADERSHIP IN THE FIELD OF GENDER Arifin, Ahmad Zainal; Bachrul Falah, Mohammad
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2354

Abstract

Modernism's understanding of family law construction often targets women's capabilities as much as the head of the family. But in normative terms, women's leadership is textually inconsistent with the provisions of Surah an-Nisa: 34. The textuality of the sentence is now criticized by the gender idea that women can be placed on an equal footing with men if they can. The initiation aims to interpret Q.S. an-Nisa: 34 with Gadamer's hermeneutic theory, to better understand comprehensively the contextuality of sentences in the demands of the times. This research is library research by studying literature related to research topics. Using Gadamer's interpretation, it can be seen that Q.S. an-Nisa: 34 contains fertilization of family leadership more flexibly. The leadership of the head of the family can be held not only by men but also by women. However, it should also be based on a qualified person, that is, someone who can cater to the family's financial needs and has good leadership skills.
FIQIH PERADABAN PESANTREN: MANAJEMEN PENDIDIKAN PESANTREN, SIYASAH DAN NEGARA BANGSA DALAM MEMBANGUN PERADABAN MAJU INDONESIA Halid, Ahmad; Ilyas, Muhammad; Yanuardianto, Elga; Hidayah, Anis Rofi; Ulfa, Maria
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2276

Abstract

This article examines and reveals very interesting things about the Islamic jurisprudence of Islamic boarding school educational civilization: Education, Siyasah and the Nation State. This topic is actually very interesting among the Nahdlatul Ulama Islamic boarding school, because it is a big BPNU project to commemorate the past century of NU (2022, 2023) and empower NU for a glorious and advanced Indonesian nation. The research method uses a qualitative approach and deepens historical and demographic data. The results of this research are that nations are groups (Madurese, Javanese, Balinese, Bawean, Dayak, etc.) gathered in an area that has diversity (pluralism) consisting of various religions, cultures, tribes, races, groups, languages, islands, ethnicities and others that occupy the country of Indonesia. Islamic boarding school civilization jurisprudence: siyasah and the nation The state is part of the muamalat fiqh for the civilization of the nation. The Indonesian State, using the Ta'ayusiyah State, is a symbiotic state or (تكافلية دولة) separate state and religion, but the two have a close, inseparable relationship. to give its influence, the state needs religion, religion needs the state
PANDANGAN SOSIOLOGI HUKUM ISLAM TERHADAP TRADISI MAPPATOPO PADA JAMA’AH HAJI SUKU BUGIS PERANTAUAN DI KABUPATEN FAKFAK Fajariani, Nonik; Maghfurrohman, Muhammad; Huda, Miftahul
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2229

Abstract

The difference traditions from each region in Indonesia makes them unique and has their own characteristics also. One of them comes from the South Sulawesi area, namely the Mappatoppo tradition. In the application of this tradition, there are several different views, therefore the author will explain how this tradition is seen from the perspective of Islamic law. This research uses the field research method, by collecting data based on the results of observations and interviews with some people. The Mappatopo tradition is a tradition of awarding titles Hajj who carried out by the overseas Bugis community in Fakfak Regency after performing the Hajj pilgrimage. The results of this research show that from the perspective of Islamic law, there are several deviations in the implementation of this Mappatopo tradition, namely the pilgrimage procession carried out by someone strange, the use of songko’ haji (head covering) for women who do not cover their private parts completely, and excessive use of jewelry (gold) and excessive decoration (Tabbaruj). According to the limitation theory of Muhammad Syahrur, there is no prohibition on implementing it as long as it can be applied according to limits that are in accordance with the teachings of the Shari'a, neither more nor less than what has been determined by the Shari'a.

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