Legal Protection for the Partnership Agreement Parties
Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, criminal law, civil law, international law, constitutional law, administrative law, economic law, medical law, customary law, environmental law and so on.
Articles
10 Documents
Search results for
, issue
"Vol 19 No 2 (2019): December 2019"
:
10 Documents
clear
<![CDATA[Khamr Criminal Act and Its Resolution in Subulussalam City, Aceh ]]>
<![CDATA[Barutu, Ali Geno]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (701.278 KB)
|
DOI: 10.30631/alrisalah.v19i2.318
<![CDATA[The enactment of khamr qanun in Aceh shows Aceh government’s commitment in prohibiting and eradicating khamr and similar drinks. However, the enforcement of the qanun has not been effective, especially in the City of Subulussalam as evidenced in several violations of the qanun. This paper aims to discuss what and how the khamr qanun in Subulussalam, its effectiveness, obstacles faced by the Subulussalam city government in enforcing the qanun, and solutions offered by the city government. After examining relevant literature and conducting observations, discussions, and interviews with Subulussalam City leaders, this paper concludes that the ineffectiveness of the khamr qanun enforcement is due to some constraints, such as lenient punishment, limited human resources, weak socialization of Islamic law and community education.]]>
<![CDATA[Criminal Objectives Integrality in the Indonesian Criminal Justice System ]]>
<![CDATA[Rofiq, Ahmad]]>;
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Putra Jaya, Nyoman Serikat]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (449.515 KB)
|
DOI: 10.30631/alrisalah.v19i2.458
<![CDATA[The integrality of the criminal justice system must be realized in every aspect of sub-systems, in substance, structure, and legal culture. In this respect, in the process of criminal justice, the three sub-systems’ integrality are required so that the criminal justice system is capable to produce fair legal decisions in the process of law enforcement in Indonesia. Until such a policy is undertaken, the law will always be harsh against the poor and weak against the rich. This paper discusses criminal objectives integrality in Indonesian criminal justice system and its influence in the integrated criminal justice system. Using a normative juridical method, this paper demonstrates that each sub-system of criminal justice (the Police, Prosecutors, Courts, and the prison) is in line with the main objectives of criminal law enforcement as found in various laws that govern the institutions.]]>
<![CDATA[‘Āʼisha Bint al-Shāṭi’s Thoughts on Tarāduf and Their Implications for the Istinbāṭ of Law ]]>
<![CDATA[Imran, Maizul]]>;
<![CDATA[Ismail, Ismail]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (836.826 KB)
|
DOI: 10.30631/alrisalah.v19i2.459
<![CDATA[As a book containing miracles, in literature, the miracles of the Quran have been proven by ʻĀʼisha Bint al-Shāṭiʼ through her theory i‘jāz lughawī. She showed the importance of the correct method of interpretation of the Qurʼan from aspects of tarāduf (synonym). However, despite following the rule of "there is no word that has the same meaning (tarāduf) in the Quran" as commonly known in the theory of iʻjāz al-qur’ān (the inimitability of the Qurʼān), her thoughts on tarāduf and their implications for the istinbāṭ (inference) of Islamic law are still unclear. Hence, this article discusses the relation and influence of ʻĀʼisha Bint al-Shāṭiʼs thoughts related to verses of laws. By studying the book of al-I’jāz al-Bayānī lil Qur`ān wa Masā’il Ibn al-Azraq and other relevance sources, this article concludes that ʻĀʼisha Bint al-Shāṭiʼs thoughts related to verses of law are still abstract and difficult to be applied, hence it does not give a significant influence on the strengthening of Islamic legal propositions.]]>
<![CDATA[The Fiqh Wasaṭiyyah Approach Towards the Involvement of Malaysian Women in Religious Extremism Phenomenon ]]>
<![CDATA[Abd Razak, Muhd Imran]]>;
<![CDATA[Ramli, Mohd Anuar]]>;
<![CDATA[Abdul Rahim, Rahimin Affandi]]>;
<![CDATA[Awang Pawi, Awang Azman]]>;
<![CDATA[Yusof, Muhammad Yusri]]>;
<![CDATA[Hassan, Paiz]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (893.634 KB)
|
DOI: 10.30631/alrisalah.v19i2.479
<![CDATA[The trend of women’s active participation in religious extremism phenomenon has become a serious global threat, including for Southeast Asian countries such as Indonesia and Malaysia. This paper aims to offer a fiqh approach in the form of wasaṭiyyah in order to reinforce counter-laws of religious extremism, especially on the issue of Malaysian women’s involvement in the Daesh extremist group (al-Dawlah al-Islāmiyyah fī al-ʻIrāq wa al-Shām). Through library and field research, this paper concludes that an approach of fiqh wasaṭiyyah, which is based on the reality of law and the reality of religious extremism, can be developed. This research is hoped to assist various parties, especially the Malaysian government, to improve existing deradicalization process and strengthen the efforts to restraint religious extremism in the grassroots.]]>
<![CDATA[The Military and Civil Supremacy in Indonesian Democracy: Towards an Ideal Model in Siyāsah Sharʻiyyah Perspective ]]>
<![CDATA[Suntoro, Agus]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (761.424 KB)
|
DOI: 10.30631/alrisalah.v19i2.488
<![CDATA[In the history of Indonesia, civil-military relations changed in the reformasi era with the separation of the military and the police, resulting in the removal of the dual-function doctrine and military reform. Despite so, two decades after reformasi has not formed a standard and ideal mechanism to govern civil-military relations within the framework of objective civilian control. This paper addresses issues regarding (a) how the dual-function concept and internal reform within the military; (b) regulatory issues that govern military operations other than war; (c) the ideal model of civil-military relations in Indonesia to ensure democratic life and an overview of the siyāsah sharʻiyyah aspects. Using descriptive qualitative method and conducting discussions with military and human rights experts, this paper demonstrates that military reform in Indonesia after the New Order has not yet been fruitful to accomplish the mission to form professional soldiers. The military is still involved in political and civilian life under the pretext that there is no military assistance law. As a consequence, the ideal model of civilian control that puts the military under the control of civilian authority according to siyāsah sharʻiyyah principle has not been fully successful and effective.]]>
<![CDATA[Khamr Criminal Act and Its Resolution in Subulussalam City, Aceh ]]>
<![CDATA[Barutu, Ali Geno]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30631/alrisalah.v19i2.318
<![CDATA[The enactment of khamr qanun in Aceh shows Aceh government’s commitment in prohibiting and eradicating khamr and similar drinks. However, the enforcement of the qanun has not been effective, especially in the City of Subulussalam as evidenced in several violations of the qanun. This paper aims to discuss what and how the khamr qanun in Subulussalam, its effectiveness, obstacles faced by the Subulussalam city government in enforcing the qanun, and solutions offered by the city government. After examining relevant literature and conducting observations, discussions, and interviews with Subulussalam City leaders, this paper concludes that the ineffectiveness of the khamr qanun enforcement is due to some constraints, such as lenient punishment, limited human resources, weak socialization of Islamic law and community education.]]>
<![CDATA[Criminal Objectives Integrality in the Indonesian Criminal Justice System ]]>
<![CDATA[Rofiq, Ahmad]]>;
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Putra Jaya, Nyoman Serikat]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30631/alrisalah.v19i2.458
<![CDATA[The integrality of the criminal justice system must be realized in every aspect of sub-systems, in substance, structure, and legal culture. In this respect, in the process of criminal justice, the three sub-systems’ integrality are required so that the criminal justice system is capable to produce fair legal decisions in the process of law enforcement in Indonesia. Until such a policy is undertaken, the law will always be harsh against the poor and weak against the rich. This paper discusses criminal objectives integrality in Indonesian criminal justice system and its influence in the integrated criminal justice system. Using a normative juridical method, this paper demonstrates that each sub-system of criminal justice (the Police, Prosecutors, Courts, and the prison) is in line with the main objectives of criminal law enforcement as found in various laws that govern the institutions.]]>
<![CDATA[‘Āʼisha Bint al-ShÄá¹i’s Thoughts on TarÄduf and Their Implications for the IstinbÄá¹ of Law ]]>
<![CDATA[Imran, Maizul]]>;
<![CDATA[Ismail, Ismail]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30631/alrisalah.v19i2.459
<![CDATA[As a book containing miracles, in literature, the miracles of the Quran have been proven by ʻĀʼisha Bint al-ShÄá¹iʼ through her theory i‘jÄz lughawÄ«. She showed the importance of the correct method of interpretation of the Qurʼan from aspects of tarÄduf (synonym). However, despite following the rule of "there is no word that has the same meaning (tarÄduf) in the Quran" as commonly known in the theory of iÊ»jÄz al-qur’Än (the inimitability of the QurʼÄn), her thoughts on tarÄduf and their implications for the istinbÄá¹ (inference) of Islamic law are still unclear. Hence, this article discusses the relation and influence of ʻĀʼisha Bint al-ShÄá¹iʼs thoughts related to verses of laws. By studying the book of al-I’jÄz al-BayÄnÄ« lil Qur`Än wa MasÄ’il Ibn al-Azraq and other relevance sources, this article concludes that ʻĀʼisha Bint al-ShÄá¹iʼs thoughts related to verses of law are still abstract and difficult to be applied, hence it does not give a significant influence on the strengthening of Islamic legal propositions.]]>
<![CDATA[The Fiqh Wasaá¹iyyah Approach Towards the Involvement of Malaysian Women in Religious Extremism Phenomenon ]]>
<![CDATA[Abd Razak, Muhd Imran]]>;
<![CDATA[Ramli, Mohd Anuar]]>;
<![CDATA[Abdul Rahim, Rahimin Affandi]]>;
<![CDATA[Awang Pawi, Awang Azman]]>;
<![CDATA[Yusof, Muhammad Yusri]]>;
<![CDATA[Hassan, Paiz]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30631/alrisalah.v19i2.479
<![CDATA[The trend of women’s active participation in religious extremism phenomenon has become a serious global threat, including for Southeast Asian countries such as Indonesia and Malaysia. This paper aims to offer a fiqh approach in the form of wasaá¹iyyah in order to reinforce counter-laws of religious extremism, especially on the issue of Malaysian women’s involvement in the Daesh extremist group (al-Dawlah al-IslÄmiyyah fÄ« al-Ê»IrÄq wa al-ShÄm). Through library and field research, this paper concludes that an approach of fiqh wasaá¹iyyah, which is based on the reality of law and the reality of religious extremism, can be developed. This research is hoped to assist various parties, especially the Malaysian government, to improve existing deradicalization process and strengthen the efforts to restraint religious extremism in the grassroots.]]>
<![CDATA[The Military and Civil Supremacy in Indonesian Democracy: Towards an Ideal Model in SiyÄsah SharÊ»iyyah Perspective ]]>
<![CDATA[Suntoro, Agus]]>
<![CDATA[ Al-Risalah Vol 19 No 2 (2019): December 2019 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30631/alrisalah.v19i2.488
<![CDATA[In the history of Indonesia, civil-military relations changed in the reformasi era with the separation of the military and the police, resulting in the removal of the dual-function doctrine and military reform. Despite so, two decades after reformasi has not formed a standard and ideal mechanism to govern civil-military relations within the framework of objective civilian control. This paper addresses issues regarding (a) how the dual-function concept and internal reform within the military; (b) regulatory issues that govern military operations other than war; (c) the ideal model of civil-military relations in Indonesia to ensure democratic life and an overview of the siyÄsah sharÊ»iyyah aspects. Using descriptive qualitative method and conducting discussions with military and human rights experts, this paper demonstrates that military reform in Indonesia after the New Order has not yet been fruitful to accomplish the mission to form professional soldiers. The military is still involved in political and civilian life under the pretext that there is no military assistance law. As a consequence, the ideal model of civilian control that puts the military under the control of civilian authority according to siyÄsah sharÊ»iyyah principle has not been fully successful and effective.]]>
