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Al-'Adalah
Published by Universitas Islam Negeri Raden Intan Lampung
ISSN : 08541272     EISSN : 2614171X     DOI : 10.24042
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
AL-ADALAH Jurnal Hukum Islam adalah jurnal ilmiah yang diterbitkan dua kali dalam setahun (Januari dan Juli) oleh Fakultas Syariah IAIN Raden Intan Lampung. Jurnal AL-ADALAH menekankan spesifikasi dalam studi-studi hukum Islam mengkomikasikan penelitian-penelitian yang berkaitan dengan studi hukum Islam.
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Articles 10 Documents
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Search results for , issue "Vol 18 No 2 (2021): Al-'Adalah" : 10 Documents clear
The Implementation of Dharuriyat Concept by Muslims Traders in The Pemangkat Market of Sambas Regency. Arifin, Zarul
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.7110

Abstract

This study aims to determine the application of the Dharûriyâ concept among Muslim food traders at Pemangkat Market, Kambas Regency. This research is qualitative descriptive using a socio-religious approach. Data were obtained through observations and interviews with shop owners/grocers of Muslims at the locations which were then analyzed using inductive analysis techniques. This study concludes that the majority of Muslim traders in Pemangkat Market have applied five aspects of the Dharûriyât concept, namely: (i) Hifz al-Din (maintaining religion), which is marked by their obedience in carrying out worship, (ii) Hifz an-Nafs (maintaining the soul), their patience to avoid conflicts between fellow traders, (iii) Hifz al-Aql (maintaining reason), which is characterized by the tendency of traders not to consume/sell liquor; (iv) Hifz al-Mal (maintaining wealth), which is indicated by a penchant for saving/investing and spending their wealth in the way of goodness; (v) and Hifz an-Nasl (maintaining offspring) which is shown by the enthusiasm of the actors to provide good education to children and feed them from lawful assets.
Criteria of Acts that Can be Classified as Religious Blasphemy Yanto, Oksidelfa
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.7740

Abstract

This study discusses the criteria for actions that can be classified as acts of religious blasphemy. The aim is to find out in-depth the types of actions that can be classified as criminal acts of blasphemy, as well as legal provisions and sanctions against perpetrators who intentionally commit such acts. This research is descriptive qualitative using a normative juridical approach. To obtain data in viewing the issues discussed, the authors use normative juridical research methods through library research using secondary data. The results of the study show that the acts of religious blasphemy include all kinds of slanderous actions aimed directly at the religion professed, either orally or in writing, regardless of whether it will endanger public order or not, with the aim that people do not adhere to a particular religion. In the realm of criminal law, the case of blasphemy is a form of a pure criminal event whose perpetrators can be given legal sanctions. The legal sanctions for perpetrators according to the Criminal Code can be sentenced to 5 (five) years in prison
'Iddah in the View of Islam and Feminists Hilal, Syamsul; Harahap, Sumper Mulia
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.8515

Abstract

This study examines Islamic concepts of 'Iddah (waiting period for a divorced wife) and how the Feminists view it. The aim is to comprehend the different perspectives and try to put the problem in the right position. This research is purely library research using a socio-philosophical approach. Data were obtained from literature, books, and available documents. Based on the results of the study, it can be concluded that in Islamic teachings 'iddah is intended to determine the status of the womb, whether pregnant or not, to avoid mixing the lineage of the expecting baby. This is different from the view of the feminists who think that the provision regarding 'iddah is a product of a patriarchal culture that marginalizes women as it only applies to women, and not to men. This feminist view is based on the spirit of equality before the law which demands equal rights and obligations. The view, however, needs to be reviewed as the provision of 'iddah does not necessarily mean ignoring the principle of equality between men and women. Men and women by nature are created with different physical and emotional characters according to their respective roles. Even if such a view is applied, new problems will arise and damage the order of human culture universally
The Implementation of The Concept of Maslahat (Benefits) in Determining The Minimum Age of Marriage in Islamic Family Law in Indonesia and Jordan Bunyamin, Mahmudin
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.8645

Abstract

This study examines the development of Islamic Family Law (al-Ahwāl al-Syakhshiyah) in modern Islamic countries, especially in Indonesia and Jordan. The aim is to gain a deep understanding of the phenomenon which has become a new strategic way to accommodate the idea of Islamic law reform into a more actual form. This research is descriptive-qualitative literature research. Qualitative research is a research procedure that produces descriptive data in the form of written speech, and observed behavior of research subjects. This study finds the fact that the concept of maslahat applied in marriage law in Indonesia and Jordan aims to achieve the general benefit, reject harm, preserve laws or regulations that have been in effect and are considered good, and develop them following Islamic law and the values of local wisdom that become characteristics of each country. Viewed from the other side, the phenomenon of family law reform that is developing in several Muslim countries today can be seen as the beginning of the process of transitioning fiqh law to positive law which is manifested in the form of national legislation.
Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation Mutakin, Ali; Yani, Ahmad; Muslikaturohmah, Siti
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.9515

Abstract

This research aims to analyze the judge's considerations in granting dispensation for child marriage in the Religious Courts Class I.B Blora (the case number 153/Pdt.P/2019/PA.Bla). This research is qualitative using a normative approach. Data were obtained through a review of several case examination documents, books, articles, journals, and regulations related to the research topic. According to the prevailing regulation, the age limit for marriage for both men and women is 19 years. If the man and woman have not reached the specified age, the family is allowed to apply for a marriage dispensation to the Court. This study found that the judge's considerations in deciding the case were based on the concept of sadd al-zari'ah (closing the path of evil). This is because in the case submitted there is two conflicting badness. First, the badness of early marriage relates to the health condition of the prospective bride and groom, which includes the health of reproductive organs, pregnancy, the expected child, and the possibility of a break in the household. Second, the bad impact that arises if the dispensation application was rejected, the two prospective brides continue to be involved in adultery. Of the two bad impacts, adultery is far worse. Based on the sadd al-dzarî'ah, the judge, therefore, granted the dispensation request.
Hajj, Istita'ah, and Waiting List Regulation in Indonesia Huda, Qomarul; Haeba, Ilham Dwitama
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.9903

Abstract

This study examines the concept of istita'ah (capability), and the problems faced by pilgrims in Indonesia with the departure regulation that implements a waiting list system. This research is purely a literature study using a normative juridical approach. Islamic law stipulates that one of the conditions that must be met by someone who will perform the pilgrimage is istita'ah (capable) which includes aspects of physical and spiritual health, financial ability, and safe situation. Unfortunately, even though these conditions have been met, it does not necessarily allow someone to go directly to Mecca to perform the pilgrimage. The reason is that there is a quota system set by the Saudi Arabian Government to balance the coming pilgrims with the capacity of the holy cities of Mecca and Medina. As a result of this quota system, prospective pilgrims in Indonesia have to queue waiting for departure, with a waiting time span of tens of years. This study finds out that the waiting list system, although aimed at ensuring the smooth and comfortable in performing pilgrimage, turned out to be an obstacle, because there is no guarantee that a person, in such a long waiting period, will remain healthy, even many. some of them had died before the time of departure arrived. Therefore, the government must find a solution to suppress the waiting list so that it does not continue to extend, by setting certain criteria for individuals who will register, for example the age limit and whether or not the person has performed hajj before.
Analyses the Construction of the Indonesian Ulema Council Fatwa on the Halalness of the Sinovac Covid-19 Vaccine using the Jasser Auda’s Perspective of Islamic Law Development Models Abduh, Muhammad; Abadi, Khafid; Islamy, Athoillah; Susilo, Adib
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.10041

Abstract

 The spread of hoax news related to whether it is safe or not and whether or not the use of the Covid-19 vaccine is lawful has created a pro-contra attitude among the Indonesian people towards the Covid-19 vaccination program. For this reason, the Indonesian Ulema Council (MUI) has issued a fatwa to provide legal enlightenment on the halal use of the Covid-19 vaccine. This study examines in depth the construction of the fatwa and identifies the Islamic law development model used in constructing the fatwa. This research is purely philosophical normative and uses the models of Islamic legal development proposed by Jasser Auda. The results of the study conclude that the construction of the MUI fatwa on the halalness of the Sinovac vaccine had used a holistic model of Islamic law. This is indicated by some characteristics inherent in the construction of the fatwa namely : (i) the wholeness and multidimensional character, which is indicated by the use of universal textual arguments ('aam). (ii) the purposive character, which isindicated by the use of various fiqh rules emphasizing the realization of benefit as the basis and orientation of legal determination. (iii) the openness characterwhich is indicated by the acceptance of the health and medical science principles which incidentally is outside the field of Islamic law
Sharia Economic Dispute Resolution During Covid-19 Pandemic Asriani, Asriani; surono, Surono; Kumar, Prodip
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.10112

Abstract

The process of resolving a case, especially concerning business disputes, generally runs slowly, drags on, and takes a long time, at least three months. This condition will, of course, burden the litigants, especially in cases where the value of the material claim is small. To overcome this problem, the Supreme Court issued PERMA No. 2 of 2015 in conjunction with PERMA Number. 4 of 2019 which regulates the Settlement of Simple Claims (Small Claim Court). What is meant by Simple Claim Settlement. is a procedure for examining a civil lawsuit with a material claim value of a maximum of 500 million rupiahs. With this regulation, it is hoped that the dispute resolution procedure can be simpler, faster, and less expensive. This study examines the court process for simple lawsuits related to Sharia business cases during the Covid-19 pandemic. The aim is to find out how the court process works and how effective the mechanism is in serving the interests of justice seekers. This research is a qualitative descriptive study using a juridical normative approach. The results showed that during the pandemic, the implementation of the small claim court was carried out using the e-court facility, and has proven to be effective and efficient in serving justice seekers.
Revisiting Local Regulation of Sukabumi Regency No. 7 of 2015 Concerning the Prohibition of Alcoholic Drinks Miharja, Deni; Ruswanda, Asep Sandi; Ruslan, Idrus
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.10133

Abstract

This study discusses the Regional Regulation of Sukabumi Regency Number 11 of 2005 concerning the Control of Alcoholic Beverages and analyzes it through universal human rights principles as stated in the International Covenant on Civil and Political Rights (ICCPR). The aim is to examine whether the regulation is in line with basic human rights principles. This research is a case study using a normative approach. Data were obtained from available documents which then are compared one to another. Based on the results of the study, it is found that the Regional Regulation of Sukabumi Regency tends to be discriminatory, in the sense that it only accommodates the interests of certain religious or belief groups and ignores the interests of other religious or belief groups. The results of this study conclude that the Regional Regulation referred to is not following universal human rights principles as stated in the ICCPR and which has also been ratified by the Government of the Republic of Indonesia through Law No. 12 of 2005 concerning freedom of religion or belief. The government should pay more attention to other crucial issues such as education, health, and public welfare, rather than getting lost in unimportant issues.
The Reasons for Permission to Marry Ahlul Kitāb Women in the View of Sayyid Sabiq Munir, Akmal Abdul; Mochammad Sahid, Mualimin; Zulkifli, Zulkifli; Fauzi, Ahmad
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.10350

Abstract

Marrying women from the people of the Book (ahlul kitāb) is a matter of dispute amongMuslim scholars, some allow it and some forbid it. Sayyid Sabiq is among the scholars who allows Muslim men to marry women of the People of the Book under strict requirements to avoid harm and negative impacts that will occur if the marriage is carried out. This paper discusses the law of Muslim men marrying women of ahlul kitāb (the People of the Book)and analyzes it from the perspective of Sayyid Sabiq. Based on the results of the study conducted, the authors found the fact that SayyidSabiq allowed Muslim men to marry ahlul kitābwomen based on the following considerations: (i) To eliminate barriers between ahlul kitāband Muslims. (ii) As a means to establish social relations and closeness between others so that they can provide space for non-Muslims to learn and know the truth of Islamic teachings. (iii) As a means to invite them to follow Islam

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