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Kholil Syu'aib
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Legal Protection for the Partnership Agreement Parties
Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
ISSN : 1412436X     EISSN : 25409522     DOI : https://doi.org/10.30631/alrisalah.v22i1.1118
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 404 Documents
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KONSEP KESEJAHTERAAN SOSIAL AL-GHAZALI DALAM TUJUAN PERSPEKTIF DARI USAHA MILIK DESA Suartini, Suartini; Syafrizal, Syafrizal
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.647

Abstract

Al-Ghazālī formulated that the concept of maslahat or social welfare or utility (common good), which is a concept that all human activities, especially in the economic field, must be carried out with the aim of benefit or social welfare, therefore it is in line with the objectives of Village-Owned Enterprises (BUM Des) in order to achieve economic equality and village development as mandated by law No.6 of 2014 concerning Villages, BUM Des was formed by the village government to utilize all human resources in order to improve the welfare of village communities in accordance with article 87 paragraph (3) of Law Number 6 of 2014 concerning Villages. The purpose of BUM Des is to improve the welfare of the village community. The research formulates problems that equate Al-Ghazālī's perceptions of social welfare with the objectives of Village-Owned Enterprises. This research is a study using literature review. Literature review or literature research is a research that examines, reviews or critically examines the knowledge, ideas, or findings contained in an academic-oriented literature. The results of this study indicate that the BUM Des that was formed by the village with the aim of the welfare of the village community and the distribution of the results allocated for the benefit of the village community and the efforts carried out to meet community needs are in line with the concept of social welfare of Al-Ghazālī.
The Use of Maqasid al-Sharia in Maritime and National Resilience Context Jahar, Asep Saepudin; Lubis, Amany B.; Fahri, Muhamad
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.657

Abstract

This study examines the integration between the paradigm of Islamic law and maritime affairs and national resilience. The maqāṣid al-sharīʻa play a significant role in providing a mechanism and its practical strategies on how maritime affairs and national resilience are to be developed. This study aims at highlighting how Islamic law is integrated with maritime affairs and national resilience in the way they are connected with the spiritual-religious values in their development. The maritime affairs and national resilience are used as the object of analysis in an attempt of integrating Islam and natural and social sciences. The study comes to justify the significant role of Islamic values to be put in maritime affairs and national resilience as the foundation to protect life, assets, and future generation.
Husband’s Sexual Violence: Protection Rights for Wives in Terms of Islamic and Indonesian State Law Hayati, Mulida; Ali, Nuraliah
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.662

Abstract

This paper discusses the right to protect wives from husband's sexual violence, a perspective of Islamic law, the penal code, and the Law of Elimination of Domestic Violence. In recent years, violence to women has increased, while from a legal standpoint, it has not accommodated various problems related to sexual violence. Therefore, this paper reveals how these protections from three different law perspectives, and prove that these problems can be resolve through those laws. Through normative juridical research using grammatical and systematic interpretation methods, it was found that sexual violence in Islamic Law is categorized as a violation of honor which is punishable by ta’zīr. The punishments regarding violations of a person's freedom are in the form of imprisonment and banishment. In the Penal Code: Offense against decency and persecution. In the Domestic Violence Law: legal protection for victims in the form of physical, psychological, sexual violence. There is a correlation between these three different law perspectives, for instance, the equivalent view which perceives violent behavior as despicable behavior is prohibited, and threatens with imprisonment or ta’zīr. This synergy has implications for fulfilling human protection from violence, implementing a sense of security, and ensuring the survival of the community.
History, Typology, and Implementation of Islamic Law in Indonesia: Combination of Sharia and Fiqh or the Result of Historical Evolution? Afridawati, Afridawati
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.676

Abstract

This paper highlights the history, typology, and implementation of Islamic law in Indonesia as well as proves that the law is a translation of both sharia and fiqh, rather than a historical evolution, as claimed by Ignaz Goldziher (1850 - 1921 AD) and some of his Muslim followers; nor does the law separate elements of ritual, muamalah, and politics as argued by Christian Snouck Hurgronje (1857–1936 AD), a stance that has deformalized Islamic law in Indonesia considering it an inferior legal institution. Focusing on Islamic civil law which is extracted from relevant literature sources, this paper shows that, to some extent, the influence of orientalists’ views is manifested, for example, in the books of Interfaith Jurisprudence and the Counter Legal Draft of Islamic Law Compilation (CLD - KHI) which have ample of "historical evolution" claims. In fact, the history, typology, and implementation of Islamic law in Indonesia have so far not only been for the benefit in the world but also in the hereafter. Thus, reforming Islamic civil law in line with the West’s human rights values, as done by CLD-KHI initiators, whom are greatly influenced by Ignaz Goldziher’s and Muhammad Anna'im’s "evolution of history", is like considering Islamic law limited to law for the world only, without any ukhrawi values.
Zakat on Legal Entities: Towards Concept Perfection and its Regulations in Indonesia Bafadhal, Husin
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.734

Abstract

This paper discusses zakat on legal entities and provides evidence why it requires perfection in concept and regulations if applied in Indonesia. Although it has not been discussed by previous scholars, the majority of contemporary scholars oblige legal entities to pay zakat. However, how it becomes mandatory, what criteria must be met, what are the nisab, the ḥawl, the mandatory percentage, and the requirements have not received significant attention from previous researchers. To make matters worse, regulations for zakat on legal entities in Indonesia are still unclear and strict, particularly concerning sanctions and methods of zakat calculation, making this paper crucial on the issue. Focusing on zakat on legal entities, this paper will highlight the development of the mukallaf meaning, criteria for legal entities that are obliged to pay zakat, provisions of the nisab, ḥawl, the obligatory percentage, and all the requirements. After examining relevant literature, this paper demonstrates that assets owned by a legal entity are required for zakat if they have met the general provisions and requirements stipulated in Islamic law (fiqh). As for the nisab provisions, the compulsory percentage and the zakat ḥawl is equal to zakat on trade, which is 85 grams of gold or 600 grams of silver, while the obligatory percentage of zakat is two and a half percent (2.5% or 1/40) and ḥawl is mandatory at the end of the year. This paper suggests that it is necessary to improve the concept and regulations of zakat on legal entities in Indonesia by combining fiqh studies and adopting the models that have been applied by neighboring countries and other Muslim countries.
Advocate Legal Education in Indonesia: The Need of Spiritual Dimensions Approach Agiyanto, Ucuk; Absori, Absori; Surbakti, Natangsa; Raharjo, Trisno; Ikhwan, Afiful
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.742

Abstract

Law No. 18 of 2003 explains that someone who wants to be an advocate must take advocate professional education. This professional education is based on the enforcement of justice and pursues to strengthen the Rule of Law principles. This study offers the importance of spirituality in advocate education, in order to create an officium nobile who puts justice for the marginal community over the injustice rules. This research method uses a non-doctrinal qualitative approach based on law implementation in society, combined with a philosophical system related to spirituality that integrates science and religion. This study concludes that advocate education with a spiritual dimension is an effort to uphold the advocate profession as an official representative, prioritizing justice access in the community rather than profit, especially in bribery or corruption.
The Relationship between a Wife's Satisfaction in the Iddah Period with Marriage and Divorce Nurohim, Muhammad; Pasaribu, Yusuf Hanafi; Asmaiyani, Asmaiyani
Al-Risalah Vol 21 No 2 (2021): December 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i2.778

Abstract

The purpose of this study is to examine the relationship between iddah living with marriage and divorce. The specification of this research is a descriptive analytical law research. The type of data used in this study is secondary data sourced from the library, such as primary legal materials, namely documents and any statutory regulations that are binding and determined by the competent authorities relating to the obligation of living during the iddah period. Plus secondary legal materials and tertiary legal documents. The data collection tool used in this research is a document study by tracing legal materials in the library. Then analyzed qualitatively. The results of this study indicate that the iddah of the ex-wife can only be requested after the divorce from a marriage that is recognized as valid.
Corporate Criminal Sanction in Omnibus Law for Forest Destruction in Indonesia: Review of Law Number 11 of 2020 on Job Creation Rohmy, Atikah Mardhiya; Setiyono, H; Supriyadi, Supriyadi
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.789

Abstract

The Green Economy has turned into a growing trend in the fourth industrial revolution (industry 4.0), particularly after the Covid-19 pandemic hit the world. The efforts to increase the investment (investor domination) in Law Number 11 of 2020 on Job Creation are apparently not reinforced by other instruments and overlook the principle of sustainable development. This study aims to analyze the legislative policy regarding the criminal sanction of the corporation which commits criminal acts related to prevention and eradication of forest destruction after the enactment of Law No. 11 of 2020 on Job Creation. The main observed issue is in the incompatible formulation of administrative sanctions and criminal sanctions. Hence, to analyze such matters, this qualitative research employs a normative legal perspective. This study finds the incompatible formulation of 'Criminal Sanctions' on Corporations, as it is stated in Article 82 Paragraph (3), Article 84 Paragraph (3), Article 85 Paragraph (2), and Article 96 Paragraph (2). Moreover, there is also an unfitting interpretation of 'Administrative Sanctions' in the "forms of administra­tive fines".
Legal Protection for Rape Victims in Indonesia: Seeking an Ideal Concept Dewi, Aida; Dimyati, Khudzaifah; Subakti, Natangsa; Absori, Absori; Nurani, Siti Syahida
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.791

Abstract

This paper analyzes and provides advice on legal protection for rape victims in Indonesia in transcendental, restorative law, and responsive law perspectives. These perspectives are compared and combined in an effort to seek an ideal concept. The implication of this paper is to provide advice for an ideal concept of legal protection for victims of rape in an Indonesian context. This paper uses a normative juridical approach with a legal interpretation method. This paper concludes that law enforcement against perpetrators of rape in the Indonesian context can employ transcendental, restorative law, and responsive law approaches. However, in an effort to find an ideal concept, the transcendental perspective of maṣlaḥah mursalah which considers benefits for the public and prevents harm is more suitable for use in Indonesia’s pluralistic society. This is because, in addition to emphasizing moral, ethical, and religious values ​​in law enforcement, the approach will prevent recurrence of cases through handing out severe punishment to perpetrators of rape and providing physical and psychological rehabilitation to victims to make it in line with restorative justice in which victims get the right to recover physically and mentally without reducing the punishment for rape perpetrators.
The Islamization of Suku Anak Dalam in Jambi and Animism Claims: From Aqidah to Fiqh al-Salah Consolidation Alhusni, Alhusni; Kurniawan, Edi; Mulyatin, Prisma
Al-Risalah Vol 21 No 1 (2021): June 2021
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v21i1.794

Abstract

This paper discusses the Islamization of Suku Anak Dalam (Jambi’s people of the jungle/the SAD) in Jambi as well as proves that the Islamization has moved from the realm of aqidah to the deepening of fiqh, especially fiqh al-ṣalāh, unlike previous researchers’ accusations who generalized that animism is still attached to the the SAD who have converted to Islam. This paper applies field study principles combining qualitative and quantitative research methods by applying sociocultural anthropology theory, with a research object being the SAD residing in Pelempang Village, Muaro Jambi. This paper concludes that SAD’s Islamization has succeeded in removing animist teachings that are not in line with Islamic values. However, SAD’s understanding of fiqh al-ṣalāh is still relatively low. This is due to a low level of education, inability to read and write, remote geographical locations, barriers between the SAD and other residents, and the absence of teachers of fiqh al-ṣalāh who teach actively and consistently in the area.

Page 32 of 41 | Total Record : 404

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