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<![CDATA[The Dynamics of Productive Waqf Management of Islamic Kingdom Property in Java ]]>
<![CDATA[rosyid, Ahmad Zaenur]]>;
<![CDATA[bin Shaharudin, Syarul Azman]]>;
<![CDATA[Sholihah, Hidayatus]]>;
<![CDATA[Asmaji, Asmaji]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.16384
<![CDATA[This study discusses the dynamics of the management of the waqf land inherited from the Islamic King of Demak Bintaro, Fatahilah, in the form of 350 ha of productive land managed by the Mosque Welfare Agency (BKM) of Demak Regency for the benefit of the community. This study aims to study the diversity of waqf asset management models and their distribution patterns framed in a productive waqf model in line with the provisions of Law No. 41 of 2004 and Government Regulation (PP) No. 42 of 2006 concerning waqf. This study is classified as qualitative which examines Nāzir's activities in managing waqf according to the perspective of Islamic law. Data were collected through in-depth interviews, direct observation, and historical documents, books and related articles. This study concludes that there is a development of management patterns by Nāzir from traditional to semi-professional dynamic governance. This is implemented through the development of a productive economy for waqf land in the form of land auctions and the construction of shophouses, and lodgings for rent. The results are distributed to several segments such as mosques and Qur'an Education Parks (TPQ), schools and graves, including for the commemoration of the royal family haul, maintenance and operational costs of the mosque, and the tomb of the Demak Sultanate.]]>
<![CDATA[The Role of Religious Affairs Office (KUA) of Makassar City in Preventing Marriage Violation under the Maṣlaḥah Mursalah Principle ]]>
<![CDATA[HM, Muhajir]]>;
<![CDATA[Hasan, Hamzah]]>;
<![CDATA[Supardin, Supardin]]>;
<![CDATA[Fikri, Mursyid]]>;
<![CDATA[Shesa, Laras]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.17017
<![CDATA[This study discusses the role of the Makassar City Religious Affairs Office (KUA) in preventing marital violations based on the principle of maṣlaḥah mursalah. The aim is to obtain a complete picture of the position of the Religious Affairs Office (KUA) as the front guard in resolving various problems and marital violations in the community. This study is qualitative using a descriptive phenomenological approach. Data were obtained from two types of sources, namely primary sources and secondary sources. Primary sources are carried out through interviews, observations, and documentation whereas secondary sources are in the form of certain documents, standard books, articles, or other materials related to the topic studied. Interviews were conducted with the Head of KUA, Penghulu, and office staff. This study involved five KUA in Makassar City with a case study approach that was analyzed in depth through the principle of maṣlaḥah mursalah. This study found that the KUA in Makassar City has played an active role in taking various strategic steps to realize flexible marriage law policies that are in line with the dynamics and needs of society. Other policies that have also been implemented include the formation of a special team, the implementation of routine studies on Islamic marriage law, and increasing cooperation with research institutions. This policy is implemented to make marriage law relevant and responsive to social change. All of this is evidence that in addition to being a public service institution, the KUA in Makassar has also played a role in maintaining legal flexibility so that it remains in line with the interests of the wider community.]]>
<![CDATA[A Critical Analysis of Sayyid Husain al-Ṭabāṭabā’i’s Thoughts on Mut’ah Marriage in The Book of Tafsīr al-Mīzān ]]>
<![CDATA[Faizal, Liky]]>;
<![CDATA[Qohar, Abd.]]>;
<![CDATA[Wahid, Ali Abdul]]>;
<![CDATA[Rofi'i, Hilmi Yusron]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.19381
<![CDATA[This article discusses Sayyid Husain al-Ṭabāṭabā’i's thoughts on mut'ah marriage (contract marriage) in his book Tafsīr al-Mīzān. The aim is to gain a broader understanding that can be used as material in preparing better legislative regulations. This research is descriptive library research, using secondary data sources in the form of primary and secondary legal materials. The results of the study show that according to al-Ṭabāṭabā'i, mut'ah marriage is a legal marriage, as explained in Tafsīr al-Mīzān, where the word istamta'tum refers to the term mut'ah marriage. However, the MUI fatwa states that the mut'ah contract is not a valid marriage and is contrary to the laws and regulations in Indonesia. The MUI considers mut'ah marriage to be something that does not follow Sharia principles. Therefore, to prohibit the practice of mut'ah marriage in Indonesia, it is recommended that there be changes to Article 2 of Law Number 1 of 1974 concerning Marriage to read: "A valid marriage is the marriage carried out following religion and is registered in accordance to statutory regulations."]]>
<![CDATA[Factors Influencing The Increase in Khulu's Divorce: A Case at The Jember Religious Court (2021-2023) ]]>
<![CDATA[Badri, Muhamad Arifin]]>;
<![CDATA[Burhanuddin, Anas]]>;
<![CDATA[Jauhar, Ghufran]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.21074
<![CDATA[Divorce cases in Jember Regency over the past three years have reached a fantastic number and are among the highest in East Java. This study aims to find the causes of the high number of divorce lawsuits (khulu') in the Jember Religious Court, its implications and alternative solutions to reduce this phenomenon. This study is classified as qualitative research with a case study approach. Data were obtained through interviews with several religious court officials, court documentation, leading journals and information from other reliable sources. The results of the study indicate that economic problems and constant quarrels are the main factors among a number of factors that encourage the emergence of divorce lawsuits. The implication of this case is the neglect of hadlānah issues and the fulfillment of ex-wives’ rights by ex-husbands. In examining khulu' cases, judges tend to choose the al-tafrīq al-Qadlā scheme which allows them to protect the rights of ex-wives while requiring ex-husbans to meet the needs of children (hadlānah) and the 'iddahmaintenance of his ex-wife. Furthermore, to reduce the increase in divorce cases, there are three solutions can be taken. First, cooperate with zakat institutions to help overcome family economic problems, especially families who are in court. Second, increasing the role of the Job Training Center to equip husbands and wives with soft skills and hard skills so that they can earn a living. Third, maximizing family guidance at the Religious Affairs Office (KUA) for prospective brides and grooms, including those who are already married, to realize family resilience in facing various household problems]]>
<![CDATA[Developing Sustainable Muslim-Friendly Tourism Village Model Through Digital Tourism: Perspective of Shari’ah Economy ]]>
<![CDATA[Noviarita, Heni]]>;
<![CDATA[Kurniawan, Muhammad]]>;
<![CDATA[Normasyhuri, Khavid]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.21220
<![CDATA[Using digital technology and social media is important in advancing sustainable tourism and expanding its appeal internationally. In this regard, the digitalization program for tourist villages needs to be encouraged because it has significant prospects in increasing the number of visitors while supporting the sustainability of tourism. This study aims to discuss the development of a sustainable tourist village model through a digital tourism approach carried out in the Provinces of West Java, the Special Region of Yogyakarta, and Lampung from an Islamic economic perspective. Data were obtained through observation and questionnaire methods from primary and secondary sources. The collected data were then processed and analyzed using triangulation and SWOT techniques. The study results show that the three provinces above have good internet access, making it possible to promote tourism potential through digital platforms. In terms of opportunities, adopting the digital tourism concept can open up great potential in increasing tourist engagement and market expansion. On the other hand, the lack of information and limited Human Resources must be addressed because they can hinder marketing potential and operational effectiveness. In addition, tight competition with other tourist areas must be anticipated because it can reduce investment interest and tourist visits. The sustainable tourism village model development through an environmentally friendly tourism approach has a strong foundation from a shari’ah perspective because it is supported by the Qur’an, Hadith, and the fatwa of the DSN MUI.]]>
<![CDATA[Compromising and Repositioning the Meaning of Corruptors as Thieves in Applying the Provisions of Shara’ into the Modern Era Context ]]>
<![CDATA[Helmina, Helmina]]>;
<![CDATA[Harun, Hermanto]]>;
<![CDATA[Witro, Doli]]>;
<![CDATA[Ardi, Muh Zaitun]]>;
<![CDATA[Busni, Darti]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.21251
<![CDATA[The debates on the application of Islamic criminal law in various Muslim-majority countries are still ongoing. This is because these countries still adhere to a positive legal system. This phenomenon has spread to many things including implementing the punishment of cutting off the hands of corruptors as is the punishment for thieves in the provisions of Islamic criminal law. One of the obstacles, in this case, is due to differences of opinion on the use of the term "thief" to be applied to "corruptor". This article aims to analyze the punishment provisions for thieves as regulated in Surah al-Maidah verse 38 to be applied to perpetrators of corruption. This article is the result of qualitative research with a linguistic approach. The primary data source in this study is the Qur'an, whereas, the secondary data sources are articles, books, and other relevant documents. Data were collected through a literature study method which was then processed, analyzed, and concluded. This study found that the crime of corruption, seen from a linguistic perspective, has the same meaning as thievery; the perpetrator, therefore, can be sentenced to the same punishment (cutting off the hand). The punishment here is the most severe type that can be imposed on perpetrators of corruption, considering that the impact it causes is heavier and wider than the impact that arises in the crime of thievery. Certainly, this punishment is applied if it has met all the elements and legal requirements and is applied in a very strict manner.]]>
<![CDATA[Reinterpretation of Justice in Islamic Inheritance Rights Based on Gender ]]>
<![CDATA[Sholihah, Hani]]>;
<![CDATA[Nani Widiawati2, Nani]]>;
<![CDATA[bin Hj. Awang Damit, Mohd Khairul Nazif]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.21256
<![CDATA[The concept of gender justice is often understood from contradictory perspectives. In religion, this issue is notably found in the division of inheritance rights. The interpretation of gender justice in inheritance is polarized between textual and contextual patterns, with approaches that are difficult to reconcile. This paper aims to construct a new meaning of gender justice in inheritance. This theme is examined through qualitative research, literature review design, and analysis based on theories of justice and equality. The research results conclude that the reinterpretation of gender justice in inheritance distribution is implicitly contained. Although there is gender inequality in inheritance distribution, this inequality demonstrates justice. The implications of this research are expected to provide an understanding that equality is not synonymous with justice, so when the distribution of inheritance between men and women is unequal, it does not necessarily mean it is unfair.]]>
<![CDATA[Maslahat (Benefits) in Fiqh Awlāwiyāt: A Comparison between Yūsuf al-Qarādhawī’s View and Abdus Salam Alī al-Karbulī’s ]]>
<![CDATA[Ifandy, Teguh]]>;
<![CDATA[Hasanah, Idaul]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.21316
<![CDATA[This article examines and compares the concept of maslahat in the Fiqh Awlāwiyāt (fiqh of priority) in the view of Yūsuf al-Qarādhawī and Abdus Salam Alī al-Karbulī. The aim is to find similarities and differences between the two views. Fiqh Awlāwiyāt, which places maslahat as an important reference in determining the scale of priority, can be used to solve contemporary problems. Unfortunately, there are not many studies that discuss this in depth. This article is part of the results of normative legal research with a comparative approach. Data were collected through literature studies and analyzed using descriptive-comparative analysis techniques. This article finds similarities between Yūsuf al-Qarādhawī's thought and Abdus Salam Alī al-Karbulī's in determining the types and levels of maslahat needed in the scale of priority. In constructing Fiqh Awlāwiyāt, the two figures above are based on Fiqh Muwāzanāt. The difference in their thoughts lies in determining the scale of priority. Al-Qaradhawi uses the rules of fiqh, while al-Karbulī uses the al-Ta’ārudh method. However, the substance of their thoughts is similar and interrelated. Thus, it can be elaborated in the context of developing Fiqh Awlāwiyāt.]]>
<![CDATA[A Review of Maqāshid Sharīa on Handling the COVID-19 Pandemic in Lampung and West Java Province ]]>
<![CDATA[faisal, faisal]]>;
<![CDATA[Mu'in, Fathul]]>;
<![CDATA[Edi, Relit Nur]]>;
<![CDATA[Santoso, Rudi]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.21796
<![CDATA[This research aims to determine and analyze the handling of the COVID-19 pandemic in Lampung Province and West Java from the perspective of maqāshid sharīa. Given that the pandemic has a wide impact on society, its handling must be comprehensive. This research method uses a qualitative method with an ethnographic approach. The data was obtained from the Lampung and West Java Provincial Governments, namely from the Regional Secretary and members of the DPRD. The data analysis uses interactive analysis and concept analysis. This study found that to handle the COVID-19 pandemic, the Lampung and West Java Provincial Governments have made several policies, including regional and gubernatorial regulations. The policy is intended to limit the worship and economic activities of the community. From the perspective of maqāshid sharia, restrictions on worship and economic activities are part of protecting the human soul (hifdz al-nafs) as the highest protection or value before wealth (hifdz al-māl) and even religion (hifdz al-dīn). With this handling, the rate of the virus spread can be prevented so that more human lives can be saved]]>
<![CDATA[Inheritance Property Distribution Models Among the Muslim Community of Borneo-Nusantara ]]>
<![CDATA[Hasan, Muhammad]]>;
<![CDATA[Ma'u, Dahlia Haliah]]>;
<![CDATA[Sahid, Muallimin Mochammad]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.22310
<![CDATA[This article is aimed at describing the model of transfer of property to heirs in the inheritance of the Muslim community of Borneo-Nusantara. On the one hand, the Muslim community of Borneo is obedient and subject to the doctrine of Islam, but on the other hand, they also cannot avoid the local culture that lives in the Borneo community. This research is classified as descriptive-qualitative research using a legal sociology approach. Data collection was carried out through electronic and manual searches from sources in the form of books, manuscript articles, or other information materials related to the problem being studied. Data analysis was carried out using content analysis techniques. This study found that there were at least 6 models of transfer of property to heirs practiced by the Muslim Community of Borneo-Nusantara, namely: 1) farāidh-ishlāh, 2) ishlāh (deliberation), 3) hibah-wasiat, 4) hibah, 5) wasiat, and 6) munāsakhahwhich are carried out by each ethnic group in every place in Borneo-Nusantara according to the needs and socio-cultural of the surrounding community. This study concludes that the inheritance system among the Muslim community of Borneo Nusantara is implemented dynamically following the socio-cultural development of the local community. This phenomenon is a unique characteristic of the transfer of property in the inheritance system of the Muslim community of Borneo-Nusantara that contributes practically to solving inheritance problems.]]>
