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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 11 Documents
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Search results for , issue "Vol 22 No 1 (2025): Al-'Adalah" : 11 Documents clear
Criminalization of Unregistered Marriage in Indonesia: A Legal System Analysis Based on Friedman's Theory Rosyadi, Imron; Fuad, Helmy Ziaul; Zaimuddin, Ashlaha Baladina
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.22779

Abstract

This article examines the criminal provisions stipulated in Chapter IX, Article 45 of Government Regulation No. 9 of 1975, concerning the Implementation of Law No. 1 of 1974 on Marriage, using the three elements of Lawrence M. Friedman's legal system: Legal Substance, Legal Structure, and Legal Culture. The research method combines a literature review with descriptive normative legal research. This study identifies the high rate of unregistered marriages in Indonesia, which contrasts with the decline in official marriages, reflecting the ineffectiveness of Article 45 of Government Regulation No. 9 of 1975 in enforcing criminal sanctions. Analysis of the Lawrence Legal System reveals that the substance of the law is flawed because criminalization is regulated through derivative regulations, contrary to the principle of nullum crimen sine lege. Institutionally, the Office of Religious Affairs (KUA) and the Civil Registry Office need to strengthen their functions, supported by consistent law enforcement by professional officials. Meanwhile, the low public awareness of marriage registration requires inclusive policies that integrate cultural approaches and context-based education. These findings contribute theoretically to the development of understanding regarding the effectiveness of criminal law enforcement in the context of marriage law while also suggesting the need for more decisive and comprehensive policy reforms to improve the implementation of the law and public legal awareness in practice
Interfaith Marriage Among Muslims in Singapore Mat Hussin, Mohd Norhusairi; Binte Salihudin, Nur Haleemah; Samudin, Siti Aisyah; Risma Nur Arifah; Abdul Aziz, Norazlina; Malee, Zunairah
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v22i1.23667

Abstract

A new phenomenon happening in Singapore among Muslims is currently on interfaith marriage. This phenomenon has become a trend among Muslims as there is a written law in Singapore, expressly the Women's Charter, that allows marriage between Muslims and non-Muslims, which is not in line with Islamic law. Similarly, no provision in the Administration of Muslim Law Act 1966 (AMLA) specifically prohibits Muslims in Singapore from registering their marriage under Civil law with a non- Muslim spouse. This article is written to look into the factors contributing to the increase in this type of marriage, and highlight the role of the Muslim law in Singapore in relation to such marriages. The research adopts a qualitative method integrating the library and field research. The methods used are descriptive and thematic interview analysis. As a result, the writers conclude that the leading cause of the increase in interfaith marriage is the absence of Muslim law prohibiting interfaith marriage and the minimal adverse impact of such marriage. Realistically, there are contextual challenges to establish and execute a new Syariah law that prohibits the interfaith marriage among Muslims in Singapore. Therefore, this study discusses the factors contributing to the increase in Civil marriage among Muslims in Singapore and the reasons behind the absence of Muslim law prohibiting the marriage. Keywords: Singapore Syariah Law, Singapore Muslim Law, Interfaith Marriage, Interreligious Marriage.
Construction of Contemporary Fiqh in the Disorders of Sexual Development Problems Through the Integration of Maqâshid al-Sharî’a and Medical Science Ja'far, A. Kumedi; Susilo, Edi; Mursyid Al Haq
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.23825

Abstract

The discussion of Islamic jurisprudence on the position of people with Disorders of Sexual Development (DSD) is still uncertain and unfinished; there is even an impression of discrimination. This tendency can be seen in several worship procedures. For example, in the implementation of congregational prayer, people with DSD are not allowed to join with women or with men. They must be between groups of men and women. On the other hand, medical involvement is still not covered by Islamic jurisprudence, even though the medical review of DSD is not as simple as in Islamic jurisprudence. Therefore, efforts to formulate contemporary Islamic jurisprudence that provides solutions to various DSD problems are a necessity. This study employs a qualitative approach, utilizing the maqâshid al-sharî’a framework, which is complemented by a medical review. This study concludes that congenital reproductive disorders since birth in a person with DSD must be treated quickly and accurately by looking at the structure/characteristics of chromosomes, internal and external genitalia, and several other medical aspects to ensure gender identity through a medical approach. This is in line with the objectives of Islamic Sharia, namely to protect religion, protect descendants, and realize the welfare of the community.
Delays in the Enforcement of Child Support Orders Among Muslims: an Administrative Perspective in Malaysia and Indonesia Abdul Ghani, Asiah Aqilah; Ahmad, Md Yazid; Muhd Adnan, Nurul Ilyana; Rusli.S, Ardiansyah; Hayeejehwae, Kaosar
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.26698

Abstract

Delayed implementation of child support payments by fathers has become a frequently debated topic in child support disputes across innumerable countries, even when mandated by a court order. This study focused on comparing the enforcement of child support orders between Malaysia and Indonesia. It also examined administrative factors in the respective courts that contribute to delays in executing these orders. It adopted the empirical legal study approach, employing content analysis and legal comparison methodologies. Primary data were collected through observation, interviews, and analysis of both primary and secondary sources. Findings revealed that provisions in Malaysian Law (Section 73) and Indonesia's Law No. 1 Article 41 (1974) assign fathers the responsibility of providing for their children. While the basic obligations are similar, differences emerge in the transfer of responsibility to mothers. In Malaysia, child support orders under Section 79 remain effective until the child reaches 18 years. In contrast, in Indonesia, Article 156 (d) of the Compilation of Islamic Law (KHI), consolidated by Article 98 (1), extends this to 21 years. Key factors contributing to delays in child support payments in the Federal Territory Syariah Court, Kuala Lumpur, and the Religious Court of Riau were identified. Both courts faced challenges stemming from a lack of legal awareness among the public and administrative weaknesses, including delays in case hearings. Cumbersome procedures, lengthy processes, and high costs characterized the Religious Court of Riau. Delays in issuing and executing maintenance orders were further exacerbated in the Syariah Court due to insufficient evidence presented by clients
Sharia Governance and Risk Mitigation in E-Wallets: Implications for SDG 8 Abdul Razak, Nurul Asikin Binti; Ahmad, Shofian Bin; Zakaria, Zamzuri Bin; Wira, Ahmad
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/5ramjb85

Abstract

The rapid advancement of financial technology (fintech) has driven the adoption of e-wallets as a widely used medium for digital transactions. However, within the Islamic finance context, challenges such as Sharia compliance, transaction security, and effective governance persist. This study investigates the role of Sharia governance in mitigating legal, operational, and reputational risks associated with e-wallets and explores its implications for Sustainable Development Goals (SDG) 8, which emphasizes decent work and economic growth. Using a qualitative approach and secondary data analysis, the study examines Sharia governance frameworks, compliance challenges, and oversight mechanisms, including the role of the Sharia Advisory Board, periodic audits, and transparency in fund management. Findings reveal that robust Sharia governance reduces compliance uncertainties, enhances consumer trust, and stabilizes the industry. Furthermore, systematic governance in e-wallets directly supports SDG 8 by fostering financial inclusion, creating decent job opportunities, and driving sustainable economic growth. The study emphasizes the need for standardized Sharia compliance protocols, regular audits, and collaboration between regulatory bodies and e-wallet providers to ensure effective and consistent adherence to Islamic principles. The insights are crucial for stakeholders to develop a resilient Islamic fintech ecosystem that aligns technological innovation with Sharia values and global sustainability goals
Legal Frameworks for Cybersecurity and Data Protection in Cloud-Based Notarial Systems in Indonesia: An Intersectional Analysis of Positive Law and Islamic Legal Principles Sitaresmi, Adhisty; Rahmah, Mas; Wijoyo, Suparto; Anom, Adhitya Panji; Prayogo, Fatma Merve
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v22i1.26813

Abstract

This study aims to develop a hybrid legal framework that integrates Indonesia's positive Law with Islamic legal principles to regulate cloud-based notarial practices. This research is motivated by the increasing use of digital technology, particularly cloud computing, in notarial services. On one hand, this development offers greater convenience and efficiency, but on the other hand, it also raises serious concerns regarding cybersecurity and the protection of personal data. Employing a normative juridical method supported by conceptual and comparative approaches, this qualitative literature study examines key legal instruments, including the Electronic Information and Transactions Law (ITE Law), the Personal Data Protection Law, and the Notary Law, alongside classical and modern sources of Islamic jurisprudence. The analysis reveals a normative gap in Indonesia’s existing regulations concerning notaries' responsibilities in digital settings. In addressing this issue, Islamic principles such as amanah (moral responsibility), maslahah (public interest), and ḥifẓ al-māl (protection of wealth) provide ethical foundations that can meaningfully support and strengthen the legal framework. The main finding highlights that the integration of these legal systems not only strengthens the legal protection of data but also enhances public trust by embedding ethical values within regulatory structures. This research contributes a practical and conceptual model for digital notarial governance that is technologically responsive and culturally rooted, supporting the formulation of future regulations in Indonesia
Strategic Maritime Diplomacy and Sovereignty: Evaluating Turkey’s Use of the Montreux Convention from an Islamic Perspective Ahmed, Sundus Serhan
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.28059

Abstract

This article analyzes the strategic significance of the Montreux Convention in the framework of Turkey's foreign policy while examining the country's maritime diplomacy from the perspective of the Islamic paradigm. The Montreux Convention, established in 1936, has given Turkey considerable geopolitical influence and an important diplomatic role in the regional and global arenas. Through a qualitative approach based on historical documentation, diplomatic records, and member-state interviews, this study examines how Turkey exercises its strategic autonomy in facing complex global challenges, promoting regional stability, and strengthening national sovereignty while making strategic and opportunistic adjustments during geopolitical changes in the worldwide order. This study shows that Turkey has consistently used the Montreux Convention to support its active role as a diplomatic intermediary between major powers in an effort to create stable, friendly relations and sustainable diplomatic continuity. The country has acted as a mediator in regional armed rivalries, especially during dynamic historical periods such as the Cold War and tensions in the Black Sea. This study concludes that the Montreux Convention has ultimately established Turkey's position as a strategic player under the auspices of the rule of law and international diplomacy to maintain security and peace in the region and the global world. The policies that have been implemented are also in line with Islamic principles, which emphasize the principles of sovereignty, neutrality, peace, and cooperation
Career Pause in Long-Term Earning Implications in Iraq and Its Relevance to the Principles of Islamic Economic Law Nurkanbek PATIEV; Thabit Abdull Majeed Turki HUMADI; Maan ALI; Fadhil Jawad DAHASH; Mustafa Jabbar AHMED; Wafaa Adnan Sajid; Saad Qasim Abbas; Ali Akram Kadhim; Noor Ali SULIMAN
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.28212

Abstract

This study examines the long-term impact of prolonged career breaks on workers’ earnings in Iraq and its relationship to the principles of Islamic economic law. This study is conducted in the context of a growing trend worldwide where individuals take unpaid leave for personal reasons (e.g., health, family, education). The study evaluates the economic impact of a six-month career break through a mixed-methods approach, using fixed-effects regression models, in addition to qualitative interviews. Using a hypothetical framework that combines classical accounting theories, market orientation, and Islamic economic law principles, the study provides a multidimensional analysis of labor dynamics in Iraq. The results indicate that breaks accompanied by significant salary reductions are inconsistent with the principles of Islamic economic law that emphasize the balance between individual welfare (maslahah), social justice (‘adl), and labor equity. These findings highlight the need for socio-economic policies with an Islamic character to protect income stability, facilitate employee reintegration, and prevent gender bias in employee career advancement.
Auditor Responsibility and Liability in Social Welfare Systems in the View of Islamic Jurisprudence Ainura MAMATOVA; Sardar Gul Amen Al JABBARI; Ghazi Abdulazeez Sulaiman BAG; Sami Hameed ABBAS; Abdullah Saeed ABDULLAH; Abdulrazzaq Tuama Hawas; Hadeel Saadoon Maarij; Ahmed Taher Kadhim; Rami Mohammed ABDULLAH
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.28213

Abstract

This phenomenological study aims to explore the dual responsibilities of auditors within the social welfare system while also examining the complex interplay between compliance with social welfare regulations and exposure to liability under Islamic jurisprudence. The study is contextualized within the context of social security fund legislation, where auditors are increasingly expected to maintain ethical behaviour that is compliant with Sharia law amidst an ambiguous regulatory framework. Using the Heckman selection model, the study examines the relationship between public entity ownership in social security funds and the risks arising from related compliance issues. The findings indicate a strong inverse correlation between auditors' choices of receiving remuneration and receiving disciplinary action. The robustness of the model convincingly demonstrates the pressing need for sound risk procedures and internal controls that align with Islamic finance values, which emphasize trust (amānah), responsibility (mas'ūliyyah), and accountability (hisbah). This article fills a gap in the literature on Islamic auditing, which emphasizes that auditors should act not only as enforcers of the law but also as moral agents protecting public welfare assets.
A Bibliometric Study of Sharia Compliance in Islamic Banking Syihabudin, Syihabudin; Wanto, Deri; Zakaria Syafe’i; Adawiah, Amalia Muazzah; Hadji Latif, Sahraman D.
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.26525

Abstract

This study examines the scholarly discourse on Islamic law and its application in Islamic banking using bibliometric analysis and a Systematic Literature Review (SLR). The aim is to obtain an overview of the productivity of academics in the field of Islamic economics and its influence on the development of Islamic banking. This type of research is library research whose primary materials are literature and certain journals, especially the Journal of Islamic Accounting and Business Research. This study reveals a continuous increase in academic interest since 1989, in line with a significant increase in publications since 2007, and peaked in 2020, before finally tending to decline. This study found fluctuating author productivity, with considerable consistency from academics such as Alam MK and Hassan MK. Several key terms, such as maqāshid al-sharīa, murābahah, and ijārah, used in their writings reflect their relevance to Islamic banking practices. Several contemporary studies even offer critical perspectives on the implementation of Islamic law in the banking world and emphasize innovation in Sharia-compliant financial products. This study confirms that Islamic law plays a crucial role in defining the identity and ensuring the legitimacy of Islamic banking institutions.

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