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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.
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<![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 ]]>
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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[Reaktualisasi Nilai-Nilai Keislaman Untuk Membangun Karakter Bangsa ]]>
<![CDATA[Idzan Fautanu]]>
<![CDATA[ Al-Risalah Vol 11 No 02 (2011): December 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i02.465
<![CDATA[The major citizens of Indonesia are Muslim, and even the biggest in the world. However, the phenomenon of conflict on behalf of religions and ethnics which resulted violence has been a big concern for this country. To solve that problem, we need to build the nation‐character of the Indonesians so that they have the sense‐ofnationalism. The question is how can the Islamic and Indonesian values build the nation‐character? Basically, the nation‐character can be established through moral value. This establishment can be built by two aspects: autonomy (education) and heteronomy (environment). Besides that, the empowerment of Indonesian values and views, which are the result of cultural and religion Islamic values, we need to establish and develop the characters from several aspects: physical, spiritual, emotional, and intellectual. The application of Indonesian and Islamic values will hopefully build effective and high nation‐characters.]]>
<![CDATA[Kontroversi Perkawinan Beda Agama di Indonesia ]]>
<![CDATA[Sri Wahyuni]]>
<![CDATA[ Al-Risalah Vol 11 No 02 (2011): December 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i02.466
<![CDATA[This article discusses law problem of marriage between different religions in Indonesia, especially after the application of Bill number 1 year 1974 about marriage. In this discussion, the marriage between different religions is difficult to be done after the application of that Bill. Because of inadequate explanation about different‐religion marriage on the bill, there occurs problems on the interpretation and application. Referring to the Bill of Marriage Chapter 2, it is stated that it is not allowed to marry a person with different religion. However, based on Bill of Marriage number 66, the law expert stated that there is a vacant in that law, thus the rules of different‐religion marriage can be applied. In that way, the marriage between different religions can be done in the register office. On the reality, people of Indonesia still demand the application of marriage between different religions. That conclusion is gathered from the many marriages between different religions which relatively difficult to be done. For that reason, that problem needs to get solution.]]>
<![CDATA[Respon Pemerintah Lokal Terhadap Gerakan Sosial Politik Petani di Kanagarian Mungo Kabupaten 50 Kota Provinsi Sumatera Barat ]]>
<![CDATA[Dewi Anggaraini]]>
<![CDATA[ Al-Risalah Vol 11 No 02 (2011): December 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i02.468
<![CDATA[The Agricultural conflict which delivers farmers strikes has already colored the socio-political condition in Indonesia since colonialism era till reformation era. One of Frmer’s movements still happens in mungo village. Luak sub-district, 50 kota district, west Sumatra Province. On that village live 300 families who stay on claim to own the land belongs to Indonesia agriculture department and protected by using-rig ht certivicate number 03.05.01.4.00005. The farmers denied the certivicate and claim that they have more rights to that land based on rental agreement dutch government in 1918 and there has been any changing on the agreement, which means that land (according to the farmers) is not included into erfpaccht verponding lands which became the foundation the publidhing of using-right certivicate on behalf of agriculture department. This farmer movement was responded by the local government b many policies which cannot be accepted by farmers because the policies made without consulting to farmers . the responses of local govertment categorized into: local government of west-sumatra province, 50 kota district, luak sub-district, and mungo village, with different policies.]]>
<![CDATA[Peranan Hukum Dalam Pembangunan Ekonomi Negara Menurut Pandangan Ibnu Khaldun ]]>
<![CDATA[M Lohot Hasibuan]]>
<![CDATA[ Al-Risalah Vol 11 No 02 (2011): December 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i02.469
<![CDATA[The law is no longer a record of behaviors which shape the live of society; instead the law is expected to reveal the new powers which expect the properity of the society. As the result, almost all aspects of life are tied by law. The law should also realize that there are external factors which effect the law in the application in reality. In that way, when designing the law policy, the designer needs to condisioner some aspect such as psychology, sociology, and geografhy. Concerning on the development of national econ oconomy, ibnu khaldun stated that law should be based on religion rule for the reason that the law will organize the economic system well to be balance and develop the economic productivity.]]>
<![CDATA[Studi Tentang Penerapan Fatwa Bunga Bank di Indonesia ]]>
<![CDATA[Yuliatin Yuliatin]]>
<![CDATA[ Al-Risalah Vol 11 No 02 (2011): December 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i02.470
<![CDATA[The goal of this writing is to discuss the application of the verdict of bank interest in indosia. Based on the Indonesian council of religious scholars, the bank interest is illegitimate. Unfortunately, most of muslim including NU and Muhammadiyah though that verdict was made and applied without well-consideration. The Indonesian council religious scholars, on the other hand, stated that the verdict is flexible, so the Indonesia my follow or not . there fore, this article discusses the verdict of Indonesian council of religious scholars from methodological and content aspect. From methodological aspecy, Indonesian council of religious scholars only consider the secondary sources, such as the scriptures and the muslim scholars agreement, and else. Based on the content, the Indonesian council of religious scholars considers conventional bank interest as illegitimate based on its account. Also, muslim has another alternative for bangking that is Islamic banks (sharia banks) wich give facilities to the people. If there is no islamic banks, the muslim my make accounts in conventional.]]>
<![CDATA[Tafsir Atas Melawan Sifat Materil Yang Dilakukan Oleh Pejabat Administrasi Negara Dalam Kaitan Dengan Tindak Pidana Korupsi ]]>
<![CDATA[Erdianto Efendi]]>
<![CDATA[ Al-Risalah Vol 11 No 02 (2011): December 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i02.471
<![CDATA[This writing concerns on Material‐Law contracharacter in putting corruptors in court in Indonesia. In the Bill number 20 year 2001 referring to Bill number 31 year 1999, it has been elaborated the position of law contradiction. Yet, that definition is lack of clarity that results in violation of the law,especially to the claimant (prosecutor). Real fact on the application of that Bill shows that there is uncertainty in the law enforcement of corruption. Therefore, the subjectivity of interpreting materiallaw contra‐character contradicts with the legal aspect of Indonesian crimanal‐law ally result in the violation of people human rights.]]>
<![CDATA[Sprit Pluralisme Dalam Konstruktur Karakter Bangsa Indonesia (Sebuah Pendekatan Sosio-Historis Pada Konsep Nation State) ]]>
<![CDATA[Aan Hasanah]]>
<![CDATA[ Al-Risalah Vol 11 No 01 (2011): Juni 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i01.472
<![CDATA[The aim of this article is to discuss the pluralism values in building the nation characters. Indonesia consist of prular ethnis, nation, and religions that if its pluralisme is not well-maintained there will be secial conflict, even worse violence which result in many victims. Recent conflicts happen on behalf of communities, ethnic and even religion. To solve that problem, the nationcharacharecter neds to be built in order to creat a high-civilized, cooperative and peaceful nation. The nation-charchter can be build by the sprit of pluralism that is building the multi=cultural Indonesian into reak Indonesia who understand their position to build peaceful in Indonesia, the nation-character building is applied in two forms: autonomy and heteronomy that is the building from internal and esternal (anvironment) aspects.]]>
<![CDATA[Aspek Yuridis Renegosiasi Kontrak Karya di Indonesia (Studi Kontrak Karya Antara Pemerintah Republik Indonesia Dengan PT Freeport Indonesia) ]]>
<![CDATA[Ratnasari Fajariyah Abidin]]>
<![CDATA[ Al-Risalah Vol 11 No 01 (2011): Juni 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i01.473
<![CDATA[Mining is one of sources the country and religional incomes. That is why the presence of mining company truly help country and region /local development. Renegotiation is based on the acts number 4 year 2009 about mineral coal, of wich statement should be adjudted to the recent acts. The bill number 4 year 2009 stated the mining conservation based on utility, equality and nationality. The creation-contract negotiation has strong law foundation, even though its content clashes with the contarct which already been signed. Renegiatation does not deny the content of contract, but adption of current condiotion and the rules of certain country. It is imposible to keep the content compeletely the same after long years because that condition will be harmful for one side. Even worse that contract is full of political and foreign needs as the main consideration.]]>
<![CDATA[Penegakan Supremasi Hukum Dalam Al-Qur'an ]]>
<![CDATA[Zaky Ismail]]>
<![CDATA[ Al-Risalah Vol 11 No 01 (2011): Juni 2011 ]]>
Publisher : <![CDATA[Faculty of Sharia, Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v11i01.474
<![CDATA[This paper explores laws in the Qur’an, especially law enforcement. The theme of the supremacy of law enforcement in recent years increasingly crowded and exited. The increasing of intensity of this conversation can be understood because law enforcement is currently perceived as being more urgent thatn ever. In the supremacy of law enforcement effors at least there are three things that become the main focus, firstly, the principles that exist ans must be contained by the kegal materials (content of law) of how extent legal materials appriates and not contrary to mora values. Secondly, the legal structure of law and legal culture (culture of law) that contains the values of judtice and the principle of trust.]]>
