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<![CDATA[Regional Head Election (Pilkada) Dispute Settlement in the Perspectives of Sociology of Islamic Law ]]>
<![CDATA[Wagiyanto, M]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.1982
<![CDATA[This article presents an alternative concept of resolving disputes over Regional Head Elections (Pilkada) from the perspectives of the sociology of Islamic Law. The aim is to find the possibility of obtaining better alternative dispute esolutions that meet the feelings of justice of the parties. Up to now, Pilkada dispute resolution always took the path of litigation (court), which ended in victory on the one side and defeat on the other side. Rarely, if ever, there is a dispute settlement that takes a non-litigation path to get a win-win solution. Even though there were no historical documents found in Islamic history on the Regional Head elections; But the absence of the document does not necessarily mean that Islam has no concept that can be used to solve humanitarian problems. As a religion characterized by rahmatan lil alamin (peace upon the world), Islam has a concept that can be applied to resolve disputes that refer to some principles originating from Syari'ah arguments, namely: al-Qur'an, al-Sunnah, Ijmā’ (agreement of the scholars), Qiyās (analogy), Maslahah Mursalah (benefit of society), and ‘Urf (community tradition).]]>
<![CDATA[Analysis of Causes of Divorce in the Perspective of Islamic Law: A Case Study in the Class 1 A Religious Court of Padang ]]>
<![CDATA[Adhha, Nurul]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.2305
<![CDATA[This study analyzed in depth some of the factors that led to the divorces in Padang Community. The aim is to obtain a comprehensive understanding of the phenomenon as well as to find alternative solutions that can be used to anticipate/to prevent the occurrence of divorce. This study took place at Class 1 A Religious Court of Padang which is one of the institutions that deal with divorce issues. Based on existing data, from 2014 to 2016, divorce cases in the city of Padang showed quite high numbers. This study identifies three main factors that caused the divorce in the city of Padang; First, disharmony between partners, Second, disputes between partners, and third, no responsibility from one partner. These three factors, among others, have a significant role in the high percentage of divorce in the city.]]>
<![CDATA[Implementation of Arrangements for Ikrar Wakaf Land (AIW) in The Indonesian Waqf Law (Case in Palembang City) ]]>
<![CDATA[Rochmiyatun, Siti]]>;
<![CDATA[Fitriyati, Yusida]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.3306
<![CDATA[This research examines the provision of Waqf Land in Indonesia and its implementation in Palembang City. The aim is to identify obstacles in its implementation while finding solutions so that the management of waqf land can be more productive by the desires of the Waqif (Waqf Doer).The results of the study find out that the Regulation made by the Directorate General of Islamic Community Guidance Number 75/1978, which regulates the Format and Content of Endowments Pledge, contains weaknesses that may hinder the productivity of waqfland. This is indicated by the format of the W2 and W3 form models which limit the uses of the WaqfLand, giving an interpretation that the Nazir (Waqfmanager) may not add the Waqf object to other uses. In the future, the format and the substance of AIW, which become the basis for Nazirin managing the Waqf, must be made in such a way that Nazhir has the freedom to develop the use of Waqfland more productively by the wishes of the waqif and the WaqfAct. Apart from the weaknesses above, the implementation of the Ikrar Tanah WaqfAct in Palembang, especially for the Mosque waqf, have been running well and productively.]]>
<![CDATA[The Contextualization of Sharia and Its Contribution to The Development Of The Indonesian National Law ]]>
<![CDATA[Mahmudah, Siti]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.3393
<![CDATA[This article asserts an argument that sharia needs to be contextualized along with changing conditions, place and time. The reason is very clear, Islam and the initial Islamic Shari’a revealed in Mecca in 610 AD were very flexible and contextual. Islam accepts Hanif religion (the religion of Prophet Ibrahim) with the aim of perfecting the Hanif religion which has been misunderstood, perpetuating the teachings of the good and great Hanif religion, and rectifying its teachings to perpetuate its noble and invaluable teachings. Islam also respected Arab tradition as well to perpetuate noble and beneficial Arab traditions, and to remove the traditions that were no longer beneficial. This is the foremost nature of Islam according to Khalil Abdul Karim which he termed as a blueprint for the practice of Islam and Islamic law in today’s public space. Religion is for humans, as Allah the Most Just is very concerned with the realities of the social life of people. The law is also created to discipline the community life, and therefore, its main concern is the benefit of human life,. In this context, the historicity of the initial Shari’a can be used as the basis in applying Islamic law anywhere and anytime. ]]>
<![CDATA[Pawnshops in the Perspective of Islamic Law ]]>
<![CDATA[Ilyas, Rahmat]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.3879
<![CDATA[The development of the economy and the business world will always be followed by the development of the need for credit and the provision of credit facilities that always require collateral. This is for the security of the provision of credit in the sense that the loan received will be guaranteed by guarantee. In this context the importance of the guarantee institution lies. Pawn is a guarantee institution that has been very well known in people's lives in their efforts to get funds for various needs. Pawnshops is a state-owned enterprise in Indonesia whose core business is in the field of lending/loan services to the public on the basis of mortgage law. In Indonesia the legal basis of Pawnshop are: the MUI DSN fatwa No. 25 / DSN-MUI / III / 2002 dated June 26, 2002 concerning rahn which states that loans with mortgaged goods as collateral for debt in the form of rahn are permitted; the MUI DSN fatwa No.26 / DSN-MUI / III / 2002 concerning gold pawning; as well as the MUI DSN fatwa No. 68 / DSN-MUI / III / 2008 about rahn Tasjily]]>
<![CDATA[Zakat As An Alternative Revenue and Financing Resources for The State ]]>
<![CDATA[Fathonih, Ahmad]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.3891
<![CDATA[Zakat is one of the religious obligations that have social, economic, political, and legal dimensions. The obligation has been effectively practiced by Muslims since the 7th century during the time of the Prophet Muhammad. The amount of zakat in Indonesia is very potential, reaching 217 trillion rupiahs, which can be used to solve the problem of poverty and socio-economic imbalances. Unfortunately, up to now the potential of zakat has not been able to reduce poverty and improve social welfare. The Zakat Management Act Number 23 of 2011 and Number 14 of 2014 concerning the Implementation of the Zakat Management Law only regulates the management of zakat under the supervision of the government. The government can manage zakat productively as a source of state income (non-tax state income) and state funding sources (State Sukuk or State Sharia Securities). This study finds that the difficulties faced by the Indonesian government to manage zakat funds productively are mostly related to people’s understanding of zakat as a religious obligation and not as a state obligation. Besides, zakat is mostly used for consumptive and unproductive purposes only.]]>
<![CDATA[Law Enforcement Against Lesbian, Gay, Bisexual, and Transgender (LGBT) Phenomena in The Qanun Jinayah in Aceh ]]>
<![CDATA[Khairani, Khairani]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.3912
<![CDATA[This study revealed the implementation of Islamic Law in Aceh, especially those relating to Lesbian, Gay, Bisexual, and Transgender (LGBT) Phenomena. The aim is to find out how the law is enforced and what things hinder its application. Although Aceh has enacted Islamic Shari'a, and Aceh's Jinayah Qanun has banned LGBT actions through which the perpetrators are subject to sanctions the whip, but the phenomenon of LGBT in this Province still exists. The study found the fact that the Jinayat Qanun in this region had not been fully able to ensnare LGBT perpetrators, especially Lesbians (musahaqah) and homosexual (liwath). This is because of two main obstacles: first, the formal aspects involving the evidentiary aspect, and, secondly, the material aspects relating to legal rules that can be used to punish the perpetrators of these crimes.]]>
<![CDATA[Project Based Sukuk (PBS) and Its Implementation in Economic Development in Indonesia ]]>
<![CDATA[Kurniawan, Taufiq]]>;
<![CDATA[Rahman, Asmak Ab]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.3988
<![CDATA[The Indonesian government needs funds to accelerate infrastructure development. Therefore, in 2012 Indonesia issued a PBS sukuk specifically to finance infrastructure development. This research was conducted to find out how the implementation of PBS sukuk in economic development in Indonesia is seen from the perspective of Islamic economics. Data was collected using interview and documentation methods from primary and secondary sources. The results of this study indicate that the issuance of PBS sukuk from time to time has shown significant growth. This is indicated by the PBS sukuk budget which is increasing from year to year in line with the increasing investor interest in the Shari'ah concept-used instrument. PBS's increasing budget in building national infrastructure also proves that Islamic instruments have grown in the capital market. So that it will gradually reduce the concept of usury circulating in the capital market. This phenomenon also shows that the Shari'ah economy has an important role in helping the government, especially in the field of infrastructure development.]]>
<![CDATA[Terrorism in The Perspective of Islamic Law (Reinterpretation of The ISIS Group's Views Regarding The Concept of Jihad, Takfir, and The Caliphate) ]]>
<![CDATA[Baihaqi, Yusuf]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.4017
<![CDATA[Differences betweenhumans is natural. The Qur’an also suggests that these differences will continue in linewith the existence of humans on this earth. There are many factors behind the birth ofdifferences between humans, such as religious factors, political factors, ethnic factors, andothers. This paper examines the phenomenon of ISIS (Islamic State of Iraq and Syria)which is a splinter group of Muslims who often launch acts of terror in the name ofIslamic teachings. The emergence of ISIS ultimately gave a bad effect to the face of Islamin the international world because Islam, which is truly a religion of love, was viewedby outsiders as a religion that supported radicalism-terrorism. This study found that theemergence of the ISIS phenomenon was due to misunderstanding in interpreting theverses of the Qur’an about the concepts of jihâd, takfîr and caliphate.]]>
<![CDATA[Fiqh of Budgeting: Study of Management of the State Budget for People's Welfare in the Perspective of Maqâshid al-Shari'ah ]]>
<![CDATA[Ahmad, Maghfur]]>
<![CDATA[ al-'adalah Vol 16 No 1 (2019): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v16i1.4159
<![CDATA[The budget plays an important role, both in Islamic political fiqh discourse and in the national constitutional dictum. However, hegemony of capitalism has implications for the low state budget that is allocated to meet the needs of the poor. Budgeting policies are considered to be more in favor of the interests of investors than for the people welfare. This study aims to explore the repertoire of Islamic law in managing the state budget in a participatory manner for people's welfare. Through qualitative research, this study relies on library resources that contain management of the state budget in the budgetary fiqh narrative and the maqâshid al-shari'ah as the main basis of this literature study. The results of this study reveal that the state has an obligation to prosper the people. In a fiqh perspective, the mandate to serve people's needs require a participatory mechanism. Community participation in assessing the basic needs of the people can guarantee the state budget plan for effective and targeted development. In addition, the basic rights of citizens regarding education, economy, culture, law and politics are guaranteed as part of the implementation of the principles of the maqâshid al-shari'ah in the management of the state budget.]]>
