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INDONESIA
Al-Adillah : Jurnal Hukum Islam
Published by Universitas Bondowoso
ISSN : 27764710     EISSN : 2774504X     DOI : -
Core Subject : Religion,
Religion
AL-ADILLAH: Journal of Islamic Law (p-ISSN 2776-4710, e-ISSN : 2774-504X), is a journal published twice a year (in January and August) by the Family Law Study Program, Faculty of Islamic Religion, Bondowoso University, Indonesia. The specifications of this journal are Islamic Law Studies which include Islamic family law, Islamic economic law, Islamic criminal law, Islamic constitutional law, zakat and waqf law, and contemporary Islamic legal thought studies. This journal serves as a medium to explore critical thinking in the field of Islamic Law. This journal is open to all academics, practitioners, scholars, and students with the specification of Islamic Law studies. ideas that include research articles, conceptual ideas, literature, and practical experience
Arjuna Subject : Umum - Umum
Articles 44 Documents
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Elektisisme dalam Bermadzhab Perspektif Fiqh Islam Samsul Arifin; Suaidi
Al-Adillah: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Hukum Keluarga Islam di Indonesia
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v2i2.448

Abstract

Al-Quran and Al-Hadith are the main sources of footing for Muslims, as well as guide for mankind. Every problem that befell the ummah, they refer directly to this main source. However, not all problems that occur are contained in the source because the text contained in it is universal, so it is really necessary for legal efforts to narrow and clarify the universality of a text. Ideally, this reality requires an intermediary who has the ability to understand the content of the sacred text to respond to all the problems of the people. Without it, the sacred text would be impossible to build into living and sustainable ideas in a Muslim reality. Thus, text processors (mujtahid) are required to be able to dialogue between text and context so that they are able to respond to the dynamics of people's problems. One of the products of ijtihad which until now has become the topic of discussion among scholars is the conception of talfiq in madzhab. This concept is mentioned a lot in various books. One and ushul fiqh. One aspect is considered as a space for freedom for the people in choosing mujtahid opinions and the existence of talfiq as an effort to release the bondage of fanaticism based on madhhab. However, in another aspect, people misunderstand the concept of talfiq, so that in choosing opinions they tend to use opinions that are considered easier for themselves.
Hukum Keluarga Islam di Somalia Andrio Pratama; Ikrima Imroatul A.; Sindi Nurlita A.R.; Nur Ratna Sari; Mochammad Agus Rachmatulloh
Al-Adillah: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Hukum Keluarga Islam di Indonesia
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v2i2.453

Abstract

This article describes the development of Islamic family law in Somalia, ranging from marriage, divorce, guardianship, polygamy, wills and inheritance. In the practice of life that is in line with the times, place, time and conditions of the development and renewal of Islamic family law, it is always needed, especially after independence from the invaders. Whereas Islamic family law itself has actually been regulated in Islamic law. The formulation of the problem is: How is the development and typology of Islamic family law reform in Somalia. Using a qualitative approach with the document method and focus group discussion. The result is that the renewal of Islamic family law in 1975, called the Family Code of Somalia, contained a slight deviation from existing Islamic law and the school of thought adopted by the State, in which the issue of inheritance distribution between men and women is the same. The typology of renewal uses a progressive type of school unification and extradoctrinal reform.
Konsep Pembiayaan Mudharabah pada KJKS BMT Salafiyah Ali Burhan; Diana Alfianti
Al-Adillah: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Hukum Keluarga Islam di Indonesia
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v2i2.454

Abstract

Sharia Financial Institutions, especially BMT Salafiyah, in their activities refer to Islamic Law, and in their activities there are administrative costs and the obligation to include guarantees in submitting financing and paying stamp duty provided by BMT Salafiyah. Based on the implementation and discussion, it was found that in the Mudharabah financing mechanism there are administrative costs and paying stamp duty provided by BMT Salafiyah as well as guarantees requested by BMT Salafiyah for prospective members. Meanwhile, the benefit of Mudharabah for BMT Salafiyah is to enjoy an increase in profit sharing when the customer's business profits increase, while for customers or members it is able to expand and increase business volume.
Quo Vadis Hukum Pidana Islam dalam Sistem Hukum Pidana Indonesia Ahmad Naufal Kawakib
Al-Adillah: Jurnal Hukum Islam Vol. 2 No. 2 (2022): Hukum Keluarga Islam di Indonesia
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v2i2.468

Abstract

The Criminal Code used by the Unitary State of the Republic of Indonesia comes from the Criminal Code (KUHP), namely the Dutch Criminal Code with some modifications to its provisions, although there are several criminal provisions that apply in Indonesia which are regulated outside the Criminal Code. We often hear of efforts to amend the Criminal Code through the Criminal Code Bill, but this is still controversial in Indonesia. One of the inputs for improving the Draft Criminal Code is to adapt it to the development of community conditions and incorporate norms for social development and application, which are mostly sourced from religious values. In the Draft Criminal Code, in addition to codifying all criminal-related rules, it is hoped that it can further strengthen the existence of Islamic criminal law through the values ​​of justice, equality, and interests and benefits. Namely by understanding the concept of Qot'i and dhanny, whose values ​​are the essence of Islamic criminal law. Therefore, although the guidelines used in the Indonesian national legal system are positive legal regulations, they contain the essence of Islamic criminal law values.
Konsep Keluarga Harmonis dalam Konteks Hukum Islam Samsul Arifin; Khairuddin
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 1 (2023): Penerapan Hukum Keluarga Islam
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i1.485

Abstract

Marriage is human nature as the fulfillment of the demands of human instincts cannot be denied. Besides that, marriage is also part of the sunnah of the Prophet Muhammad SAW which has a basis in the Koran and al-Sunnah. One of the verses of the Koran that talks about marriage is surah ar-Rum 30:21. In this verse it is explained that building a household through legal marriage aims to create peace, tranquility and happiness in this world and the hereafter. Based on this explanation, this paper aims to describe household harmony in the Islamic view. While the method used in this research is to use library research instruments, namely research by examining scientific books, researching books that have relevance to the object of research, articles, books written by scholars, the internet and others, as supporting factors that underlie theoretical basis. The results of this study indicate that in general building family harmony can be achieved through two aspects. The first is the spiritual aspect related to Hablumminallah (Vertical Relations) and the second is the material aspect which is related to issues that are more technical in nature, for example husband and wife can share roles in managing the household.
Analisa terhadap Praktik Utang Piutang : (Studi Kasus Utang Uang Bayar Kopi di Dusun Dawuhan Desa Sucolor Maesan Bondowoso) Imam Syarbini; Su'aidi
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 1 (2023): Penerapan Hukum Keluarga Islam
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i1.486

Abstract

Qardh is a special contract that is used to hand over assets to other people with an agreement that it must be returned the same as what was borrowed, to other people who can be billed or asked for back or in other words lend without expecting anything in return, for example borrowing money of one hundred thousand rupiahs, then it must be returned with the same. But the reality in society is different, especially in Dusun Dawuhan, Suco Lor Maesan-Bondowoso Village, borrowing money is paid for in coffee, the price of which is determined in an approximate way. In practice, person A (debtor) borrows money from person B (creditor) with an agreement according to the custom of the local hamlet, person A will pay off the money owed with coffee, the price of which is still based on estimates (speculative), for example Rp. 200.000,- per quintal. In fact, when the harvest season comes, the price of one quintal of coffee can go up to Rp. 400,000 and can go down to not even Rp. 200.000,-. Namely Rp. 150.000,- per quintal. The practice of debt receivables like this, contains Gharar, which is prohibited by Syara'. The solution is to prevent gharar buying and selling, which needs to be considered in the contract, namely the clarity of the intentions of each party in the transaction. Therefore, if these debts are used for consumptive purposes, then from the beginning of the contract, it must be clear. For example, if the money from the loan was made to buy coffee, the debtor should explain this. The items described serve as standard. However, that does not preclude free use by the debtor. So, even though the standard item described in the contract is coffee, for example, it is not a problem for the debtor to spend it on other goods. what is certain, the debtor must pay off according to the price of the goods that become the standard in the contract. If this is what is used, then what is actually owed is not money, but coffee. So, what is considered here is the power of the money when it is exchanged for goods. Thus, the debtor must later pay off according to the price of coffee that was made when paying it off. Although this does not rule out the possibility that the goods used as standards experience fluctuations. If it is more expensive, the debtor will pay more. Meanwhile, if it is cheaper, of course the creditor will get less. Thus, the rights of creditors are still protected. He still gets the principal property that he lends according to its value. On the other hand, the debtor has fulfilled his obligations because he has paid according to the standards set.
“Transaksi Ekonomi Modern” Multi Level Marketing dalam Perspektif Hukum Islam M Zikwan
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 1 (2023): Penerapan Hukum Keluarga Islam
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i1.487

Abstract

The development of the times and information technology has an impact on the activities of human life. Mualia of social politics and economics. Various models and types of transactions also accompany the times, including multi-level marketing. Multi-level marketing is a type of transaction where consumers can act as marketing by becoming a member of a company that implements a multi-level marketing sales system. Members will benefit from sales and bonuses obtained for being a member. In practice, multi-level marketing often gives the impression of a transaction that can harm other parties and is even considered a transaction full of deception. Therefore this article attempts to provide an overview of multi-level marketing transactions that are permissible in Islam. In this article the researcher uses a library approach, the main source in this research is written sources in the form of books, manuscripts, documents and others. In essence, a multi-level marketing transaction is an innovation and development of the type of buying and selling transaction, therefore a multi-level marketing transaction is a legal, syar'i transaction as long as it has the principle of not containing elements of usury, not gharar, fair transparency and so on.
Perspektif Hukum Islam terhadap Tanggungjawab (Hadhanah) kepada Anak ketika Orang Tua Bercerai Faiz Zainuddin; Ali Burhan
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 1 (2023): Penerapan Hukum Keluarga Islam
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i1.488

Abstract

There are many things that a husband and wife should ask when deciding to divorce. Apart from arbitrary assets, another thing that must be considered is the distribution of child custody in a divorce. by both parents may not harm the fulfillment of children's rights which are also regulated by the state through the child custody law through Law Number 23 of 2002 concerning Child Protection. In the General Provisions Article 1 point 11 it is explained that parenting is the power of parents to raise, educate, nurture, care for, protect and develop children according to religion and their abilities, talents and interests. According to Article 41 of Law Number 1 of 1974 concerning Marriage, a husband and wife are still obliged to look after and educate their children for the benefit of the child itself. Divorce also does not eliminate the father's obligation to be responsible for all the upbringing and education that children need. However, the court may decide that the mother also demands it under certain conditions. The court also has the right to determine which child custody rights should be given to the mother or father, especially if there are household rights.
Konsep Poligami Perspektif Rasyid Ridha dan Muhammad Syahrur Martai Martai
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 1 (2023): Penerapan Hukum Keluarga Islam
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i1.489

Abstract

The phenomenon of polygamy continues to grow, opposing groups (feminists) strongly oppose the practice of polygamy. They state that polygamy is haram because of the impossibility of men doing justice to their wives. On the other hand, those who are pro-polygamy, based on their understanding of religious texts, argue that polygamy is not only lawful but also a virtue.Were it not for his virtue, it would not be possible for the Messenger of Allah to do it for up to nine wives. Efforts to inform the classical interpretations do not seem to be able to stop this polemic as long as the conflict of interest still plagues each group.To resolve this polemic is to reinterpret polygamy texts according to the current context.This sis intended so that the results of understanding the text are not only subjective, but more objective so that the law can be felt as a whole.Departing from the phenomenon, this study tries to re-examine the concept of polygamy.Muhammad Syahrur's polygamy concept in the book al-Kitab and al-Qur'an Qira'ah Mu'ashirah and Nahwa Usul Jadidah li al-Fiqh al-Islamiy (Fiqh al-Mar'ah) and Rashid Rida in Tafsir al-Qur'an al-Hakim, who is famous for his Tafsir al-Manar, may be able to answer the tensions between pro and anti-polygamy groups.These two innovative modern figures discuss the details of the concept of polygamy contextually.In this study, the concepts of these two figures were analyzed by content analysis.Then we get the two concrete concepts, the implications, and the relevance of the two concepts to the demands of the times.In the end, after being parsed and analyzed, the concept of Rasyid Rida puts forward the socio-historical aspect in dealing with polygamy.From that, he concluded that polygamy is permissible in an emergency.The husband must ensure justice for his wives.If he is still worried that there will be injustice to his wives, then polygamy is forbidden for him.Meanwhile, Muhammad Syahrur with his linguistic logic (al-nazhariyyah al-hudûdiyyah) only limited the permissibility of polygamy to the mothers of orphans, the orphans were under his care.Polygamy is freely prohibited in virgin women.
Implementasi Wasiat Wajibah untuk Ahli Waris Non Muslim Ditinjau dari Hak Asasi Manusia: Studi Analisis Putusan Nomor: 990/Pdt.P/2022/PA.Cms Mukhammad Khapni; Adang Djumhur Salikin; Sugianto S
Al-Adillah: Jurnal Hukum Islam Vol. 3 No. 2 (2023): Kompilasi Hukum Islam dan Fikih
Publisher : UNIVERSITAS BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61595/aladillah.v3i2.661

Abstract

Hukum kewarisan Islam menjadikan perbedaan agama menjadi penghalang terjadinya kewarisan, namun pada praktiknya terdapat putusan PA Ciamis Nomor 990/Pdt.P/2022/PA.Cms yang memberikan bagian harta dari pewaris muslim kepada ahli waris non muslim melalui wasiat wajibah. Putusan tersebut terkesan bertentangan dengan ketentuan hukum kewarisan Islam di mana ketika seorang pewaris dan ahli warisnya berbeda agama maka perbedaan agama tersebut menjadi penyebab tidak saling mewarisi antara keduanya. Di lain pihak seseorang memiliki hak yang melekat pada dirinya yaitu hak asasi manusia di mana setiap orang bebas memeluk agama dan beribadah menurut agamanya, dan setiap orang, tanpa diskriminasi, berhak untuk memperoleh keadilan. Penelitian ini mengkaji bagaimana implementasi wasiat wajibah untuk ahli waris non muslim dalam Putusan PA Ciamis Nomor 990/Pdt.P/2022/PA.Cms tentang penetapan ahli waris non muslim sebagai penerima wasiat wajibah, serta bagaimana tinjauan HAM terhadap penerapan wasiat wajibah sebagai sarana hukum penyelesaian sengketa kewarisan beda agama.

Page 3 of 5 | Total Record : 44

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