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"Vol 20 No 2 (2023): Al-'Adalah"
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<![CDATA[High Risk in Loss Insurance in The Perspective of Conventional Insurance and Syariah Insurance ]]>
<![CDATA[Zanariyah, Sri]]>;
<![CDATA[Famulia, Ledy]]>;
<![CDATA[Renaldi, Rendy]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.13849
<![CDATA[This study examines the risk management of tabarru funds of sharia insurance at PT Asuransi Bumiputera Muda 1967 Serang. The aim is to determine the differences in principle between the conventional insurance system and the sharia insurance system in regulating high-risk issues. This study is classified as doctrinal legal research (normative juridical) which is descriptive and analytical in nature based on data obtained through a literature review. This study found differences in tendencies between conventional insurance and sharia insurance in responding to high risks in a guaranteed contract. According to the conventional insurance system, high risks occurring at the implementation stage of the agreement can result in the termination of the insurance agreement. However, if the high risk has been calculated from the beginning of the contract and agreed upon by both parties, then the contract will continue following the agreement stated in the policy. In contrast to this principle, the sharia insurance system applies the principle of ta'āwun (mutual assistance) where each insurance participant donates their funds to other participants who are affected by disasters, regardless of the risk being low or high. Thus it can be concluded that in conventional insurance the relationship that occurs is between individuals and the company while in sharia insurance all insurance participants are collectively bound to the company and share the risk (transfer risk).]]>
<![CDATA[The Fulfillment of Women's Rights in Verstek Decisions at Samarinda and Sangatta Religious Court ]]>
<![CDATA[Yuni, Lilik Andar]]>;
<![CDATA[Kasuma, Jati]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.16119
<![CDATA[This study examines the progressivity of judges in deciding cases without the presence of the litigants (Verstek) which is linked to the fulfillment of women's rights in the Samarinda Religious Court and the Sagata Religious Court. This is because almost 80% of divorce case trials in the Religious Courts are not attended by the parties; So the case was decided by the judge through Verstek. This study was conducted to find out the influence of a Judge's progressivity on protecting the rights of women (wives) after divorcing their husbands. This research is a documentation study carried out by examining several Judges' decisions which were decided in Verstek both in cases of talaq divorce (divorce filed under the will of the husband) and contested divorce (divorce filed under the will of the wife). This study was carried out by using a case study approach combined with a legal study approach; while in the analysis stage, the author uses qualitative descriptive analysis methods. The results of the research conclude that in Verstek decisions the judges tend to be progressive in accommodating women's rights after divorce, both in cases of Talak divorce and contested divorce.]]>
<![CDATA[Feminism Analysis of Judges' Considerations for Post-Divorce Domestic Violence Victims in Medan and Banda Aceh Religious Courts ]]>
<![CDATA[Yusuf, Nasruddin]]>;
<![CDATA[Azizah, Nur]]>;
<![CDATA[Hasan, Faradila]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.16177
<![CDATA[Domestic violence (KDRT) often arises in a marriage, which then encourages the wife to sue her husband for divorce through the courts. In this case, the Compilation of Islamic Law (KHI) does not regulate the rights of a wife who sues her husband for divorce to obtain 'iddah, or mut'ah support. But the rules regarding this are in Book II of the Guidelines for Religious Courts and SEMA. This research is field research with a qualitative-comparative approach through a feminist perspective. The aim is to analyze the considerations of judges in deciding cases of divorce due to domestic violence in the Medan Religious Court and the Banda Aceh Sharia Court. The research found the fact that the considerations of judges in the Medan Religious Court when deciding cases of divorce due to domestic violence, do not consider the issue of 'iddah or mut'ah maintenance rights to the plaintiff (ex-wife) because this is not regulated in the KHI. This research concludes that, if analyzed from a feminist perspective, the decisions of the judges of the Medan Religious Court and the Banda Aceh Sharia Court tend to be unfair and discriminatory towards women. the principle of gender equality, where the law discriminates between the legal effects of divorce by the husband's will (talak) and divorce by the wife's will (divorce). Therefore, this research recommends that judges when deciding on a domestic violence case should not only adhere to one KHI but also consider other rules relevant to it.]]>
<![CDATA[Empowerment and Protection of The Elderly in Islamic Boarding Schools From A Social Fiqh Perspective ]]>
<![CDATA[yuliatin, yuliatin]]>;
<![CDATA[Mubarak, Haris]]>;
<![CDATA[Adawiyah, Robi'atul]]>;
<![CDATA[Harun, Hermanto]]>;
<![CDATA[Effendi, Ghina Nabilah]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.17913
<![CDATA[This study aims to describe the pattern of care and protection of the elderly at the Pesantren (Islamic Boarding School) of Syekh Maulana Qori Merangin Jambi. The aim is to study the pattern and mechanism of care as an empowerment effort while examining certain aspects through the perspective of social fiqh which is sourced from the opinions of scholars. This study is a quantitative study using the Nvivo R1.7 data analysis method. The results of this study indicate that among several factors that cause the elderly to be in Islamic boarding schools is because of the wishes of the family or their wishes to avoid family conflict. This study found the fact that while being cared for in Islamic boarding schools, the elderly get peace, comfort, protection, and increased religiosity. This phenomenon also proves that caring for the elderly in Islamic boarding schools does not cause any harm to them at all, in fact, on the contrary, they get many useful benefits according to their conditions and fulfillment of their psychological needs. By using social fiqh,caring for the elderly in Islamic boarding schools can be seen as a highly recommended matter.]]>
<![CDATA[Implementation of Religious Moderation in Muslim Families Bagan Siapiapi, Riau in the Perspective of Fath al-Dzarī’ah ]]>
<![CDATA[Arisman, Arisman]]>;
<![CDATA[Harmanto, Adi]]>;
<![CDATA[Sobirin, Imam]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.18415
<![CDATA[This article aims to describe the concrete efforts made by Muslim families in Bagansiapiapi, Riau in implementing the concept of religious moderation to create a harmonious atmosphere in the midst of a pluralistic society. This research is a field research, with a sociological-empirical approach. Data collection techniques are carried out by observation, interviews and documentation. The research informants consist of ten Muslim families in Bagan Siapiapi as key informants. The data that have been collected are then processed to be analyzed qualitatively-descriptively-analystically through the fath al-dzarī’ah theory. The results of this study indicate that there are four efforts of religious moderation that have been implemented by the Bagan Siapiapi community, namely: first, the "Clean City" activity. Second, the "Bakar Tongkak" activity. Third, regular meetings of the Interfaith Harmony Forum (FKUB). Fourth, prevention of intra and interfaith conflicts in society. The activities of “Cleaning the City”, “Bakar Tongkak”, and the regular meetings of the Interfaith Harmony Forum, from the perspective of fath al-dzarī’ah, are forms of al-dzarī’ah or means to create religious moderation whose ultimate goal is for the good or welfare of the heterogeneous Bagan Siapiapi community. As achieving welfare is highly recommended in Islam, all activities that lead to the common good must continue to be encouraged (fath).]]>
<![CDATA[The Rights of Sasak Noble Muslim Women in Choosing A Mate: an Analysis of The Marriage of Noble Women With Jajar Karang Men From The Perspective of Islamic Law ]]>
<![CDATA[Azhari, Doni]]>;
<![CDATA[Qalyubi, Syihabuddin]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.18416
<![CDATA[This article explores several aspects of equality in Banjar Customary marriage law, especially regarding the rights of Sasak noble women in choosing a life partner. The aim is to find out and analyze the rights of Sasak noble women from the perspective of gender and Islamic Law. According to Banjar Customary Law, a noblewoman (menak) cannot marry a jajar karang man (ordinary people). If this is done, the act is considered a nyerompang (violation) which has an impact on the severance of kinship ties and inheritance rights. This study uses the contestation method from Michel Foucault which is applied to study the position and status of men and women in Sasak Society. This study found the fact that two kinds of tendencies are currently developing in Sasak society. First, the group that maintains Customary Law, and second, the group that welcomes change. The emergence of this second group is influenced by several factors, including the influence of local Ulama who offer egalitarianism in Islamic Law to solve marriage problems that arise in society. This study also concludes that there is a relationship between customs strengthened by scholars with the theory of contestation, where customs are normative forces that are maintained and influence the dynamics of power in the context of marriage. The presence of laws, thus, that combine cultural traditions and religious beliefs is needed to achieve gender equality in marriage]]>
<![CDATA[Efforts to Increase Family Resilience Among Street Vendors Post Covid-19: Qirā’ah Mubādalah Perspective ]]>
<![CDATA[Rohani, Rohani]]>;
<![CDATA[Lastfitriani, Hellen]]>;
<![CDATA[Anggraini, Nia]]>;
<![CDATA[Bte Salman, Nola Fibriyani]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.18853
<![CDATA[Domestic Violence (KDRT) is still a serious problem faced by low-income families, especially in the post-Covid-19 pandemic era. Even though the pandemic has ended, the social and economic impact it has caused continues, especially among street vendors. This research aims to examine the role of family resilience in overcoming domestic violence among low-income families after the Covid-19 pandemic using qirā'ah mubādalah perspective. This research is qualitative research using a phenomenological study approach. Data was collected through in-depth interviews with low-income families who had experienced cases of domestic violence after the Covid-19 pandemic. The data that has been collected is analyzed to identify factors that influence the level of family resilience in dealing with domestic violence, as well as the possibility of implementing qirā’ah mubādalah as an alternative solution to prevent the emergence of Domestic Violence (KDRT).]]>
<![CDATA[The Practice of Ṣiḥah Marriage among the Rifa'iyah Congregation in Sociological and Islamic Marriage Law Perspectives ]]>
<![CDATA[Prasetyo, Anggi]]>;
<![CDATA[Muhsin, Ilyya]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.19324
<![CDATA[This article examines the practice of repeating marriage contracts (ṣiḥah marriage) among the Rifa'iyah Congregation in Wonocoyo Village, Wonoboyo, Temanggung, Central Java. This repetition was carried out by Rifa'iyah Kiyais as representatives of female marriage guardians to perfect the marriage contract which had been carried out previously in the presence of officers from the Office of Religious Affairs (KUA). This research is classified as qualitative field research using a sociological approach. The aim is to examine this social phenomenon from the perspective of Social Construction theory and the perspective of Islamic Law. This research found that the practice of ṣiḥah marriage among the Rifa'iyah congregation of Wonocoyo Village was formed through several stages, namely: the externalization stage, the stage of conveying the practice of ṣiḥah by Rifa'iyah Kiyais, the objectification stage, the stage of forming objective reality, and the internalization stage, the stage of absorption of the objective world into the individual consciousness of the Rifa'iyah Congregation. In the view of Islamic Marriage Law, the practice of ṣiḥah by the Rifa'iyah congregation is similar to tajdīdun nikāḥ (renewal of the marriage contract) which, according to Jumhur ulama', is permissible simply because of ihtiyāth (caution).]]>
<![CDATA[Domestic Violence in The Perspective of Civil and Islamic Criminal Law ]]>
<![CDATA[Saepullah, Usep]]>;
<![CDATA[Hopipah, Eva Nur]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.19438
<![CDATA[The cases of domestic violence in Indonesia tend to increase from time to time. Based on data released by the National Commission on Violence Against Women in 2020, the number of domestic violence complaints received was recorded at 4,371, an increase from 4,322 cases in the previous year. From the perspective of Islamic criminal law, domestic violence is classified as jarīmah takzīr (criminal acts where the legal provisions are left to the discretion of the authorities) whereas in positive law domestic violence is regulated in Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence. This research discusses domestic violence in Bandung and examines the methods for resolving cases at the Religious Courts and the Bandung Police. The aim is to find the characteristics and methods of resolving cases in the two institutions. This research is classified as field research using comparative methods. Data was obtained from the document available at the Bandung Religious Court and the Bandung City Police Station. This research finds that more domestic violence cases in Bandung City were resolved through criminal channels (police) rather than civil channels (Religious Courts). This research concludes that although both Islamic Law and Positive Law view domestic violence as a criminal act, there are differences in the methods of resolving them in the Religious Courts and Bandung Police. This is because the competence of each institution is different. The Religious Court only handles the civil side, while the Bandung Police handles the criminal side.]]>
<![CDATA[Prisoners' Obligations to Provide Support for Their Family According to Islamic Law and Positive Law ]]>
<![CDATA[Jamarudin, Ade]]>;
<![CDATA[Ch Pudin, Ofa]]>;
<![CDATA[Said, Muh.]]>;
<![CDATA[Hidayatullah, Ahmad Firman]]>;
<![CDATA[Syafi’ah, Syafi’ah]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.19482
<![CDATA[A husband, in his position as head of the household, is obliged to provide the best possible living for his wife and children and provide for them according to his ability. On the other hand, a wife, in her position as a housewife, is obliged to manage the internal affairs of the household, starting from raising and caring for children, and providing food, to maintaining family assets. The wife is not responsible for the family economy, but she can play a role in earning a living for the family with her husband's permission. This research aims to examine the provisions of Islamic law and positive law towards prisoners who cannot carry out their duties to provide support for their families. This type of research includes normative juridical research using data collection techniques in the form of literature studies. The research found that prisoners generally cannot provide a living for their families. Therefore, they are forced to entrust their wife and children to their families or to transfer previous business to the wives, allow their wives to earn a living, and even allow them to divorce and remarry. To overcome this problem, it is hoped that the Government can develop the function of Penitentiary Institutions by creating independent employment opportunities for prisoners so that they can earn income to help ease the burden on their families.]]>
