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<![CDATA[The Ideal Age For Marriage in The Compilation of Islamic Law (KHI) and Psychology ]]>
<![CDATA[Indra, Gandi Liyorba]]>;
<![CDATA[Al Arif, M. Yasin]]>;
<![CDATA[Zaelani, Abdul Qodir]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.11598
<![CDATA[This article discusses the ideal age for marriage which is examined from the perspective of Islamic law and psychology. The aim is to gain a broader understanding that can be used as material in drafting a better statutory provision. This research is library research which is descriptive in nature, using secondary data in the form of primary and secondary legal materials. The results showed that the age of marriage stated in Article 15 paragraph 1 of the Compilation of Islamic Law (KHI), namely the prospective husband is 19 years and the prospective wife is 16 years. is the result of the ijtihad of Indonesian scholars based on considerations for the benefit of the family and household. Such an age limit is deemed sufficient as the age of maturity to enter into a marriage. However, when viewed from the perspective of psychology, this age limit is still in the developmental period of adolescence and is still far from being of a mature age category. According to psychology, the ideal age for marriage is 21 to 25 years for women and 25 to 30 years for men. In this age range, the prospective bride and groom are considered ready to settle down, because they have full maturity, both physically and mentally, and can accept responsibility for managing the household]]>
<![CDATA[Ratio Legis of Combining Illegal Acts with Default in Small Claim Court Cases ]]>
<![CDATA[Hadi, Abd]]>;
<![CDATA[Suhartono, Suhartono]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.12681
<![CDATA[Civil procedural law in Indonesia has not yet specifically regulate the accumulation of lawsuits between Unlawful Acts (PMH) and default, which resulted in prolonged discourse in the realm of jurisprudence. Some legal experts are of the opinion that combining cases of unlawful acts with cases of breach of contract in one case/lawsuit is not permitted, seanwhile others think that such an accumulation is possible. The debates finally ended with the publication of the Supreme Court Regulation (PERMA) on Small Claims Court which provided legal certainty regarding the permissibility of this accumulation. This research is normative law with a substantive analysis approach. The aim is to find out the legal philosophical basis behind the formation of PERMA. The results of the research show that the possibility to cumulate between Unlawful Acts (PMH) and default in the PERMA aims to simplify the process of proceedings through simple, fast and low-cost principles. In this way, foreign investors'confidence in resolving cases in Indonesia can be increased.]]>
<![CDATA[The Meaning of ‘Amânah’ and 'Trust' in the Appointment of Nâzhir in Indonesian Endowment Regulations ]]>
<![CDATA[Yumarni, Ani]]>;
<![CDATA[Suhartini, Endeh]]>;
<![CDATA[Haqqi, Abdurrahman Raden Aji]]>;
<![CDATA[Mulyadi, Mulyadi]]>;
<![CDATA[Maryam, Siti]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.14517
<![CDATA[ This article analyzes the realization of the professionalism principle for the nâzhir (waqf organiser) as conceptualized in waqf (endowment) law. One of the nâzhir requirements in the endowment law is the amânah which is interpreted as human responsibility covering the horizontal/insâniyyah and the hereafter (transcendental/ilâhiyyah) dimensions. By using a statutory approach (statute approach) and a conceptual approach, this research finds the fact that endowment (endowments) is the tabarru' (voluntary) contract; the amânah principle as contained in the endowment pledge has a similar meaning to the concept of trust in a general sense. The concept of trust in a general sense and the concept of amânah/trust in Islamic law are both forms of trust from one party to another with the conditions set out in Article 10 of the Endowment Law and the endowment pledge deed]]>
<![CDATA[Analysis of Maqāshid Sharī’a on Substitute Heir in Compilation of Islamic Law (KHI) ]]>
<![CDATA[Saniah, Nur]]>;
<![CDATA[Yuslem, Nawir]]>;
<![CDATA[Matsum, Hasan]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16062
<![CDATA[This study analyzes the application of maqāshid sharī’a (objectives of shari'a) regarding substitute heirs as outlined in article 185 paragraphs 1 and 2 of the Compilation of Islamic Laws the research aims to find out the philosophical basis of maqāshid sharī’a regarding the importance of giving inheritance to substitute heirs. This research is a normative legal research that uses a philosophical approach. Data were collected using literature techniques, then analyzed descriptively qualitatively through maqāshid sharī’a theories. This study shows that the determination of inheritance for substitute heirs in Article 185 is important to realize because it contains many maslahah (benefits) both sociologically and psychologically. The philosophical foundation of maqāshid sharī’a in inheritance for substitute heirs is not only limited to protecting assets (hifzd al-māl) but also to improving their quality of life (tanmiyah al-nasl wa al-māl). Substitute heirs are not enough just to be given assets, they also need care and affection from their extended family. Viewed from the maslahah position, giving inheritance to substitute heirs to improve their quality of life is included as maslahah dharūriyah (urgent needs).]]>
<![CDATA[Authority Sharing Between The Central and Regional Government in The Implementation of Pesantrens Law and Its Relevance to Hifdz Ad-Dîn Efforts ]]>
<![CDATA[Wardhana, Allan Fatchan Gani]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16080
<![CDATA[This study aims to examine the shift/sharing of authority between the Central and Regional Governments in the religious field, particularly regarding the implementation of Law Number 18 of 2019 concerning Pesantren. The Law provides a portion of authority to the Regional Government to facilitate Pesantrens in carrying out its functions as one of the centers for the development of Islamic religious knowledge. The Law also obliges the local Government to fund the Pesantrens through regional revenue and expenditure budgets by their authority and guided by statutory provisions. This study uses a normative juridical method. The results of this research conclude that the existence of the Pesantrens Law, on the one hand, shows that the Government has concern for efforts to maintain religion (Hifdz ad-Dîn); and, on the other hand, indicating that there has been a shift in authority from the Central to the Regional Government in governing of religion, particularly in terms of administering Pesantrens,]]>
<![CDATA[Maqâshid al-Sharî‘ah Review of the Implementation of Sharia Franchise at 212 Mart Bandar Lampung, Indonesia ]]>
<![CDATA[Maulidiana, Lina]]>;
<![CDATA[Famulia, Ledy]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16339
<![CDATA[This article aims to analyze the fulfillment of maqâshid al-sharî'ah towards the implementation of sharia franchises at 212 Mart Bandar Lampung. The theory of maqâshid al-sharî'ah is a theory that becomes a benchmark in analyzing a new phenomenon in society which aims to make it relevant to the rules in Islam. The problems in this study include how the indicators are used by franchisors who claim to apply Sharia principles and how to implement franchises that apply Sharia principles when viewed from maqâshid al-sharî'ah. The purpose of the discussion in this study is to determine the fulfillment of maqâshid al-sharî'ah in the 212 Mart Bandar Lampung shari'ah franchise. The research method uses qualitative methods with an empirical juridical approach. The results of the study show that what is implemented by 212 Mart Bandar Lampung has fulfilled the elements of dlarûriyyât, hajiyyât, and tahsîniyyât although there are still things that need to be adjusted to the basic rules for determining ujroh following the DSN MUI Fatwa that applies in Indonesia. ]]>
<![CDATA[Job Creation Law and Consequences in Determining Halâl Products: Analysis of the Halâl Product Fatwa Committee ]]>
<![CDATA[Iswanto, Bambang]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16379
<![CDATA[ The Halâl Product Fatwa Committee is a new institution constructed in the Job Creation Law. Its authority is to determine whether consumer goods are halâl or harâm. This role has received two views: on the one hand, it is an attempt to negate the authority of the Ulema Council Indonesia (MUI), on the other hand, it shows that the government is interfering in religious affairs. This article attempts to present a review of the conception of government power, followed by regulations regarding the determination of halâl status in the Job Creation Law including its implications on institutional arrangements for administering halâl products. This research uses a combination of normative legal approaches with conceptual and statutory approaches. The research results show that: First, government power is an institution that is obliged to carry out governance issues. Second, the Halâl Product Fatwa Committee and its authority have the potential to eliminate the role of the MUI. Third, structuring can be done by unifying institutions administering Halâl guarantees or forming non-structural government institutions. This aims to create legal order and at the same time ensure that the MUI's institutional role is not lost. ]]>
<![CDATA[The Construction of Cerai Manis (Prefered Divorce) on the Border of Indonesia and Malaysia Communities ]]>
<![CDATA[Ma'u, Dahlia Haliah]]>;
<![CDATA[Wagiyem, Wagiyem]]>;
<![CDATA[Rahayu, Rita Mustika]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16518
<![CDATA[One of the implications of unregistered marriages between Indonesian-Malaysian border communities is the occurrence of non-litigation divorces or divorces outside of court. This implication happens because there is no evidence in the form of a marriage book that is officially regulated in Indonesia. Divorce referred to by the local community is known as cerai manis (preferred divorce). This type of divorce is done based on the willingness and agreement of both parties without any conflicts or disputes. The purpose of this research is to find out the construction of cerai manis law which is part of the customary law of the local community. The method used in this research is field research with a sociological approach, while for data analysis, the author used descriptive qualitative analysis techniques. The results of this research indicate that the parties who agree to divorce, after going through the stages of adat and customary mediation, will obtain a certificate of customary separation which also regulates child custody, rights to share over joint assets and collective agreements.]]>
<![CDATA[Application of the Precautionary Principle in Judge's Legal Considerations for Pollution Cases in Islamic Law Perspectives ]]>
<![CDATA[Triana, Nita]]>;
<![CDATA[Khashogi, Luqman Rico]]>;
<![CDATA[Turistiati, Ade Tuti]]>;
<![CDATA[Monk, Lincoln James Faikar]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16660
<![CDATA[In industrial activities, the precautionary principle in protecting the environment is very important. This research examines how judges use the precautionary principle in making legal decisions in cases of environmental pollution. This research is a doctrinal qualitative with a normative juridical approach. Based on the research findings, the Panel of Judges in the decision of the North Jakarta District Court Number: 735/PDT.G-LH/2018/PN.Jkt.Utr determined that PT. HAYI has carelessly disposed of B3 waste from textile industry activities. In that decision, the Panel of Judges expanded the understanding of the Precautionary Principle, from the level of management and preventive policies to the level of repressive dispute resolution. The judge has also changed the Rio Declaration which is only morally binding to a hard law which is directly used as a source of law in deciding a case. This development is a paradigm shift in environmental justice from homocentric to ecocentric. In Islamic Law, the precautionary principle is related to the concept of ihtiyāth(prudence) and correlates with sadd al-dzarī'ah, namely the maximum effort to suppress everything that can be a means of prohibited things to avoid the amount of damage. Within the framework of Usul Fiqh, avoiding damage is a priority step rather than reaping benefits.]]>
<![CDATA[Hijriyah Months and The Construction of Religious Moderation in The Sombaopu Community of Gowa, South Sulawesi ]]>
<![CDATA[Alimuddin, Alimuddin]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16818
<![CDATA[This research examines the response of the people of Sombaopu District, Gowa Regency, South Sulawesi in responding to difference views in determining the beginning of the Hijriyah (Islamic lunar calendar) months. This issue needs special attention because it holds the potential for internal conflict among Muslims. This research is classified as descriptive qualitative field research. The aim is to obtain an overview of social phenomena that exist among the Muslim community in Sombaopu District, Gowa Regency, South Sulawesi Province. This research focuses on the public's response to differences in determining the beginning of the Hijriyah months which is connected to the concept of religious moderation as an effort to prevent society from extreme understandings and practices that are not in accordance with religious guidelines and regulations. This research concludes that religious moderation can be a solution in preventing the emergence of social conflict while strengthening the sense of unity and integrity in society. The success of this effort can be achieved more quickly if the relevant parties, especially government institutions, religious organizations and community leaders are actively involved in this activity.]]>
