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Hamzah Latief
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INDONESIA
Jurnal Ar-Risalah
Published by Institut Agama Islam Negeri Bone
ISSN : -     EISSN : 29863635     DOI : 10.30863/arrisalah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Ar-Risalah: published by Islamic Family law Postgraduate Program of Institut Agama Islam Negeri Bone since 2021. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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RECONSTRUCTION OF THE METHODOLOGY OF LEGAL DISCOVERY IN ISLAMIC LEGAL PHILOSOPHY: A COMPARATIVE ANALYSIS OF THE THEORIES OF BAYANI, TA‘LIL, AND ISTISLAHI IN A CONTEMPORARY CONTEXT Sari, Muspita; HL, Rahmatiah; Sultan, Lomba
Jurnal Ar-Risalah Vol. 5 No. 2 (2025): Volume 5 Nomor 2 Tahun 2025
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v5i2.5961

Abstract

This article examines the reconstruction of legal discovery methodology in Islamic legal philosophy through a comparative analysis of three classical approaches: Bayani theory, ta‘lil, and istislahi, in response to legal challenges in the contemporary context. The impetus for this research stems from the increasing complexity of modern legal problems such as human rights, digital technology, and ecological justice, which demand a more dynamic methodology of istinb?? al-?ukm, while still being grounded in the authority of revelation. This research uses a qualitative library research method with an Islamic legal hermeneutics approach and descriptive-comparative analysis, which allows for an in-depth study of classical texts and modern literature. . The results of the study show: (1) Bayani theory, which emphasizes text (nash), maintains the continuity of sharia, but needs reinterpretation to be relevant to modern problems; (2) Ta'lil theory, with a focus on rationalization and identification of 'illat (legal reasons), allows for contextual ijtihad, but is prone to subjectivity without a strict methodology; (3) The istislahi theory, which is based on maslahah and maq??id al-shar?‘ah, has proven to be the most adaptive to contemporary issues, although it requires normative boundaries so as not to deviate from the principles of sharia. This research essentially affirms the urgency of reconstructing an integrative methodology for legal discovery, combining the strengths of Bayani, ta‘lil, and istislahi within a comprehensive epistemological framework. This integrative model gives rise to textual, rational, and beneficial Islamic law, responding to the needs of global society without losing the authenticity of revelation. The results of this analysis contribute to the development of Islamic legal philosophy by offering a relevant, dynamic, and socially just paradigm of legal discovery.
EFEKTIFITAS MEDIATOR DALAM MELAKUKAN MEDIASI PADA PERKARA KEWARISAN DI PENGADILAN AGAMA WATAMPONE KELAS 1 A Samsidar; Hanuddin, La
Jurnal Ar-Risalah Vol. 3 No. 2 (2023): Volume 3 Nomor 2 Tahun 2023
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v3i2.5975

Abstract

This study explores the effectiveness of mediators in mediating inheritance cases at the Watampone Class 1A Religious Court. Mediation is an alternative dispute resolution that aims to reach a peaceful agreement between the disputing parties. The method used in this study is qualitative with a normative juridical approach, where data is collected through in-depth interviews, direct observation, and document analysis. The results of the study show that mediators use various communication techniques to create a conducive atmosphere and reduce tension between parties. In addition, mediators also play a role in providing relevant legal information and helping parties understand their rights and obligations. The effectiveness of the mediation process carried out by mediators in inheritance cases at the Watampone Class 1A Religious Court can be seen from the level of success in reaching an agreement between the parties involved in the mediation. If the mediation succeeds in reaching an agreement that is acceptable to all parties, then the mediation process is considered effective. In addition, the court can also assess the effectiveness of mediation through the satisfaction of the parties with the results achieved. The implications of this research provide a significant contribution to understanding the mediation process in resolving inheritance cases and can serve as a reference for courts and mediators in improving the effectiveness and quality of future mediations. Thus, mediation is expected to be a more effective and efficient alternative dispute resolution process compared to litigation.
DECONSTRUCTING RELIGIOUS MOTIVATION: A Critical Analysis of Rabi'ah al-Adawiyah's Paradigm of Mahabbah A. Muh. Taufiqurrahman. Y
Jurnal Ar-Risalah Vol. 5 No. 2 (2025): Volume 5 Nomor 2 Tahun 2025
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v5i2.5946

Abstract

This article aims to provide an overview of the steps that a person needs to go through in reaching perfection to become an insanul kamil and to provide an overview of the concept of mahabbah and its correlation in the world of Sufism. This research is in the form of library research or what is called a literature study which is carried out by examining various literature both from the latest journals, text books, scientific articles, the results of other people's research, information extracted from the Qur'an and hadith as well as other sources. related to Sufism Irfani. The results of this study: Irfani exists and is developed by the Sufi community. Although it is still one of the discussions within the scope of philosophy, Irfani has a slight difference from philosophy. The difference lies in the basis of the second argument, in which philosophy upholds its arguments from axioms, while Irfan bases his argument on intuition. The process in Irfani Sufism is not easy and goes through maqamat. One of the Sufi figures who lives by Irfani's theory is Robi'ah 'Adawiyah with his teachings in the form of the mahabbah concept. The concept of mahabbah is a concept in which a servant no longer has love for fellow creatures, but is solely given to the creator, namely Allah SWT and sel?essly, without wanting rewards or heaven, and without being based on fear of the torments of hell.
THE DYNAMICS OF THE MEANING OF THE TERM AL AMR IN ITS DESIGNATION AND APPLICATION IN NASH AND ITS LEGAL IMPLICATIONS Rahul, Kaisar; Fatmawati; Rauf Muhammad Amin, Abd.
Jurnal Ar-Risalah Vol. 5 No. 2 (2025): Volume 5 Nomor 2 Tahun 2025
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v5i2.5959

Abstract

This study analyzes the semantic dynamics of lafaz al-amr (imperative form) in the context of its designation and application in Islamic scriptural texts (nash) and its implications for legal determination. Despite numerous studies on al-amr, in-depth research on meaning variations based on linguistic, historical, and socio-cultural contexts, as well as their legal implications, remains limited. The research problems are: how does the semantic dynamics of al-amr function in various contexts of nash, and what are the legal implications of different interpretations of al-amr. This research employs a qualitative method with a normative-juridical approach through textual analysis of Quranic verses and hadiths containing the shighat al-amr (imperative formula). The findings indicate that the meaning of al-amr is contextual and variable, depending on the form of shighat, qarinah (contextual indicators), and socio-historical context. Its legal implications encompass obligatory (wajib), recommended (sunnah), permissible (mubah), or advisory (irsyad), which require comprehensive interpretation to maintain the relevance and justice of Islamic law application in contemporary contexts.
THE PHILOSOPHICAL MEANING OF THE MAKKALU DAPURENG TRADITION IN THE PERSPECTIVE OF MARRIAGE: A HARMONIZATION OF BUGIS–MAKASSAR CULTURAL VALUES AND THE PRINCIPLES OF ISLAMIC SACREDNESS. Pebriyani Jasmin, Suriah; Hasnia; Sudirman; Sarsil; Mustafa
Jurnal Ar-Risalah Vol. 5 No. 2 (2025): Volume 5 Nomor 2 Tahun 2025
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v5i2.6007

Abstract

The Makkalu Dapureng tradition is one of the enduring cultural heritages of the Bugis-Makassar community, still actively practiced today, particularly in the context of marriage ceremonies. This tradition reflects the values of togetherness, mutual cooperation, and social solidarity that form the moral foundation of community life. Beyond its social dimension, Makkalu Dapureng embodies profound philosophical meanings closely related to the essence of marriage as both a spiritual and social bond. This article aims to explore the philosophical significance of Makkalu Dapureng from the perspective of marriage using a theological-normative and sociological approach. Theologically, the study traces Islamic values embedded in the tradition, such as the principles of ta’awun (mutual assistance), ukhuwah islamiyah (Islamic brotherhood), and the ideals of sakinah, mawaddah, and rahmah as the ultimate goals of family life. Sociologically, it examines how this tradition strengthens social cohesion, fosters collective responsibility, and maintains the balance between individual and communal values. The findings reveal that Makkalu Dapureng functions not only as a social practice but also as a symbol of harmony between local cultural values and Islamic teachings. Its philosophical meaning lies in the moral messages of sincerity, loyalty, and togetherness, which serve as the main pillars of family life. Therefore, Makkalu Dapureng can be regarded as a tangible expression of the integration between culture and religion, reinforcing the sacredness of marriage within the Bugis-Makassar society.
HUMANISTIC RIGHTS, CHALLENGES AND ISSUES OF ISLAMIC MODERATION UNDER MINISTER OF RELIGIOUS AFFAIRS GUS YAQUT Zakiah, Sitti; Rif’atul Islam, Naila; Haslindah; Ali Halidin; Aidasari
Jurnal Ar-Risalah Vol. 5 No. 2 (2025): Volume 5 Nomor 2 Tahun 2025
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v5i2.6014

Abstract

There were six advantages of Gus Yaqout when he served as Minister of Religion in the era of President Jokowi. These six of superior programs also regulated the lifestyle of religious communities based on moderation, namely; The first; Revitalization of KUA Services (District Office of Religious Affairs ): KUA is seen as the front guard of Ministry of Religion services. KUA should become a service center for all religions, so that it is more global, universal and transparent and does not give suspicion to the other religions. Secondly; Islamic Boarding School Independence: Program to strengthen the potential empowerment of Islamic boarding schools, especially in the field of entrepreneurship so that they can fulfill their own needs, and The third; Digital Transformation: Digitalization of public services, including the development of integrated the applications such as Superapps Pusaka and the construction of a data center for one Ministry of Religion data. The fourth; Cyber Islamic University: This initiative aims to develop technology-based Islamic higher education, no longer towards a World Class University, but into an Islamic World Destination University, this is after the establishment of UIII in Depok and UIN Cyber Nurjati Cirebon. The fifth; Religiosity Index: Development of the World Islamic Destination University, this index is to measure the level of religiousness of society. All of Gus Yaqout's programs are based on the nawacita of strengthening religious moderation to create the harmony between religious communities in Indonesia. This includes strengthening moderate religious views, attitudes and practices.
THE RELATIONSHIP BETWEEN CUSTOMARY LAW AND ISLAMIC LAW IN PAPUAN MARRIAGE PRACTICES ansar, lukman; Sylviah; Zulfadli; Podu, Sabar; Tarmizi
Jurnal Ar-Risalah Vol. 5 No. 2 (2025): Volume 5 Nomor 2 Tahun 2025
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v5i2.6015

Abstract

This article examines the customary marriage practices of the Papuan people from the perspective of Islamic law within the framework of legal pluralism. Marriage in Papuan society is not only understood as an individual bond between a man and a woman, but also as a social event involving extended families, clans, and customary structures. In practice, the fulfillment of customary requirements often becomes the main basis for the legitimacy of marriage, while the marriage contract according to Islamic law is carried out simply or even neglected. This condition reflects the dominance of customary law as a living law that is deeply rooted in the social structure of society. Through a juridical-empirical approach with normative and socio-anthropological analysis, this study shows that the relationship between customary law and Islamic law is negotiable and contextual. Islamic law is recognized theologically, but its application is often adjusted to the interests of customary social harmony. The findings of the study also reveal the serious implications of customary marriage practices for the protection of women and children, especially when the marriage is not accompanied by a marriage contract that is valid according to Islamic law. This article emphasizes that customary marriage practices in Papua cannot be viewed solely as an expression of culture, but also as a matter of justice and legal protection. Therefore, a model for strengthening Islamic law that is sensitive to the customary context is needed, without neglecting the basic principles of justice and public interest.

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