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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.
Arjuna Subject : -
Articles 304 Documents
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The Contextualization of Sharia and Its Contribution to The Development Of The Indonesian National Law Mahmudah, Siti
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.3393

Abstract

This article asserts an argument that sharia needs to be contextualized along with changing conditions, place and time. The reason is very clear, Islam and the initial Islamic Shari’a revealed in Mecca in 610 AD were very flexible and contextual. Islam accepts Hanif religion (the religion of Prophet Ibrahim) with the aim of perfecting the Hanif religion which has been misunderstood, perpetuating the teachings of the good and great Hanif religion, and rectifying its teachings to perpetuate its noble and invaluable teachings. Islam also respected Arab tradition as well to perpetuate noble and beneficial Arab traditions, and to remove the traditions that were no longer beneficial. This is the foremost nature of Islam according to Khalil Abdul Karim which he termed as a blueprint for the practice of Islam and Islamic law in today’s public space. Religion is for humans, as Allah the Most Just is very concerned with the realities of the social life of people. The law is also created to discipline the community life, and therefore, its main concern is the benefit of human life,. In this context, the historicity of the initial Shari’a can be used as the basis in applying Islamic law anywhere and anytime. 
Implementation of DSN-MUI Fatwa In Handling of Sharia Economic Problems (A Case In Syariah Bank of Bandar Lampung) Tahmid, Khairuddin; Zaki, Muhammad; H, Haryanto
al-'adalah Vol 16 No 2 (2019): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i2.3520

Abstract

This study aims to reveal the position of the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) in the national legal system as well as to learn how it is applied in the Bandar Lampung People's Credit Bank (BPRS) Bandar Lampung. The DSN-MUI fatwa was issued to avoid the different provisions made by the Sharia Supervisory Board (DPS) in each Islamic financial institution. With the DSN MUI fatwa, the provisions for all sharia economic actors will be the same so as to create legal order. This research found that the DSN MUI fatwa was not fully implemented in the activities carried out by the Bank. Where as, in the national legal system, the DSN MUI fatwa is considered as part of positive law and has become a law in concreto for judges and arbitrators in Basyarnas. Therefore it is imperative that all sharia financial institutions to fully implement all the existing provisions, not just in part.
Problems In Managing Waqf Endowment Asset In Bogor Regency Yumarni, Ani; Suhartini, Endeh; Sardiana, Anna
al-'adalah Vol 16 No 2 (2019): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i2.3876

Abstract

This article examines the role and function of Nazhir (guardian of endowment) in the empowerment of waqf objects in the Legal District of Bogor Regency, West Java, Indonesia. The aim is to increase Nazir's professionalism in increasing the productivity of waqf assets to be able to provide maximum benefits to the general public (ummah) in a sustainable manner. In Bogor district, there are waqf assets in the form of land totaling 5,686 locations within land areas of 4,433,860 M2. With such a large number of waqf assets, if managed professionally, the waqf will certainly be able to bring the sustainability of the Ummah economy, especially the sustainability of education for the younger generation. However, as this study found, only a few Nazhirs in the Bogor Regency area who have begun to develop productive waqf assets. The majority of Nazirs still use the old pattern which is not conducive to the development of the productivity of waqf property. Therefore it is necessary to optimize the role and function of Nazhir through continuous coaching by the Indonesian Waqf Board (BWI). In the form of (1) meetings in the context of coaching, (2) training activities, and (3) socialization related to the latest regulations regarding the management of waqf objects.
Pawnshops in the Perspective of Islamic Law Ilyas, Rahmat
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.3879

Abstract

The development of the economy and the business world will always be followed by the development of the need for credit and the provision of credit facilities that always require collateral. This is for the security of the provision of credit in the sense that the loan received will be guaranteed by guarantee. In this context the importance of the guarantee institution lies. Pawn is a guarantee institution that has been very well known in people's lives in their efforts to get funds for various needs. Pawnshops is a state-owned enterprise in Indonesia whose core business is in the field of lending/loan services to the public on the basis of mortgage law. In Indonesia the legal basis of Pawnshop are: the MUI DSN fatwa No. 25 / DSN-MUI / III / 2002 dated June 26, 2002 concerning rahn which states that loans with mortgaged goods as collateral for debt in the form of rahn are permitted; the MUI DSN fatwa No.26 / DSN-MUI / III / 2002 concerning gold pawning; as well as the MUI DSN fatwa No. 68 / DSN-MUI / III / 2008 about rahn Tasjily
Zakat As An Alternative Revenue and Financing Resources for The State Fathonih, Ahmad
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.3891

Abstract

Zakat is one of the religious obligations that have social, economic, political, and legal dimensions. The obligation has been effectively practiced by Muslims since the 7th century during the time of the Prophet Muhammad. The amount of zakat in Indonesia is very potential, reaching 217 trillion rupiahs, which can be used to solve the problem of poverty and socio-economic imbalances. Unfortunately, up to now the potential of zakat has not been able to reduce poverty and improve social welfare. The Zakat Management Act Number 23 of 2011 and Number 14 of 2014 concerning the Implementation of the Zakat Management Law only regulates the management of zakat under the supervision of the government. The government can manage zakat productively as a source of state income (non-tax state income) and state funding sources (State Sukuk or State Sharia Securities). This study finds that the difficulties faced by the Indonesian government to manage zakat funds productively are mostly related to people’s understanding of zakat as a religious obligation and not as a state obligation. Besides, zakat is mostly used for consumptive and unproductive purposes only.
Law Enforcement Against Lesbian, Gay, Bisexual, and Transgender (LGBT) Phenomena in The Qanun Jinayah in Aceh Khairani, Khairani
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.3912

Abstract

This study revealed the implementation of Islamic Law in Aceh, especially those relating to Lesbian, Gay, Bisexual, and Transgender (LGBT) Phenomena. The aim is to find out how the law is enforced and what things hinder its application. Although Aceh has enacted Islamic Shari'a, and Aceh's Jinayah Qanun has banned LGBT actions through which the perpetrators are subject to sanctions the whip, but the phenomenon of LGBT in this Province still exists. The study found the fact that the Jinayat Qanun in this region had not been fully able to ensnare LGBT perpetrators, especially Lesbians (musahaqah) and homosexual (liwath). This is because of two main obstacles: first, the formal aspects involving the evidentiary aspect, and, secondly, the material aspects relating to legal rules that can be used to punish the perpetrators of these crimes.
Project Based Sukuk (PBS) and Its Implementation in Economic Development in Indonesia Kurniawan, Taufiq; Rahman, Asmak Ab
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.3988

Abstract

The Indonesian government needs funds to accelerate infrastructure development. Therefore, in 2012 Indonesia issued a PBS sukuk specifically to finance infrastructure development. This research was conducted to find out how the implementation of PBS sukuk in economic development in Indonesia is seen from the perspective of Islamic economics. Data was collected using interview and documentation methods from primary and secondary sources. The results of this study indicate that the issuance of PBS sukuk from time to time has shown significant growth. This is indicated by the PBS sukuk budget which is increasing from year to year in line with the increasing investor interest in the Shari'ah concept-used instrument. PBS's increasing budget in building national infrastructure also proves that Islamic instruments have grown in the capital market. So that it will gradually reduce the concept of usury circulating in the capital market. This phenomenon also shows that the Shari'ah economy has an important role in helping the government, especially in the field of infrastructure development.
Terrorism in The Perspective of Islamic Law (Reinterpretation of The ISIS Group's Views Regarding The Concept of Jihad, Takfir, and The Caliphate) Baihaqi, Yusuf
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.4017

Abstract

Differences betweenhumans is natural. The Qur’an also suggests that these differences will continue in linewith the existence of humans on this earth. There are many factors behind the birth ofdifferences between humans, such as religious factors, political factors, ethnic factors, andothers. This paper examines the phenomenon of ISIS (Islamic State of Iraq and Syria)which is a splinter group of Muslims who often launch acts of terror in the name ofIslamic teachings. The emergence of ISIS ultimately gave a bad effect to the face of Islamin the international world because Islam, which is truly a religion of love, was viewedby outsiders as a religion that supported radicalism-terrorism. This study found that theemergence of the ISIS phenomenon was due to misunderstanding in interpreting theverses of the Qur’an about the concepts of jihâd, takfîr and caliphate.
Fiqh of Budgeting: Study of Management of the State Budget for People's Welfare in the Perspective of Maqâshid al-Shari'ah Ahmad, Maghfur
al-'adalah Vol 16 No 1 (2019): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i1.4159

Abstract

The budget plays an important role, both in Islamic political fiqh discourse and in the national constitutional dictum. However, hegemony of capitalism has implications for the low state budget that is allocated to meet the needs of the poor. Budgeting policies are considered to be more in favor of the interests of investors than for the people welfare. This study aims to explore the repertoire of Islamic law in managing the state budget in a participatory manner for people's welfare. Through qualitative research, this study relies on library resources that contain management of the state budget in the budgetary fiqh narrative and the maqâshid al-shari'ah as the main basis of this literature study. The results of this study reveal that the state has an obligation to prosper the people. In a fiqh perspective, the mandate to serve people's needs require a participatory mechanism. Community participation in assessing the basic needs of the people can guarantee the state budget plan for effective and targeted development. In addition, the basic rights of citizens regarding education, economy, culture, law and politics are guaranteed as part of the implementation of the principles of the maqâshid al-shari'ah in the management of the state budget.
Legal Renewing of Consumer Protection (Himâyah Al-Mustahlaki) Through Islamic Law Perspective Susanto, Burhanudin; Mohd Ruslan, Ros Amira binti
al-'adalah Vol 16 No 2 (2019): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v16i2.4514

Abstract

The purpose of this paper is to offer the concept of reforming consumer protection law (himâyah al-mustahlaki) through the perspective of Islamic law. To achieve this goal the author uses the integration of science as a method of analyzing from normative legal research by combining the statute and conceptual approaches. Although in the shari’a does not mention the term consumer directly, it contains principles that if carried out by business actors can provide protection to consumers. The potential loss inherent in consumers is generally divided into two, namely (1) Material losses (al-khasârah al-mâdiyah) both in the form of financial and non-financial assets; and (2) Humanity loss (al-khasârah al-insâniyah) both in the form of body and spirit. The overall potential loss needs to be accommodated in an integrated legislation to better guarantee legal certainty for consumers. The implementation of consumer protection can be realized through preventive treatment through fostering awarenes

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