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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 312 Documents
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The Importance of Increasing Minimum Age For Marriage In Indonesian Marriage Law Holijah, Holijah; Abd Manaf, Jariyah 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.v16i2.4546

Abstract

This article discusses the changes in the minimum age for marriage as regulated in Law Number 1 of 1974 concerning marriage, which was later amended by Law No. 16 of 2019 on the same topic. In Law no. 1/1974, the minimum age for marriage for the prospective groom and bride is differentiated in which for the prospective groom the minimum age for marriage is 19 years while for the bride is 16 years. This kind of distinction was later removed by Law No. 16 of 2019 which stipulates the minimum age for marriage for the prospective groom and bride to be the same, namely 19 years. This change in minimum limits is really important as it can have positive effects, especially for women, as they can be physically and psychologically ready to become a wife as well as a mother for their children. Indeed, physical and mental maturity for someone intending to get married is important. This is also following the principles of Islamic Law which view that marriage requires physical and spiritual readiness and that the family is the main source for producing quality human beings.
Judges Decisions of Makassar, Palopo, and Masamba Religious Court over the Islamic Inheritance Law Assad, Andi Sukmawati; Hasyim, Baso
al-'adalah Vol 17 No 2 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v17i2.4565

Abstract

This study analyzes the results of ijtihad among the judges of the Religious Courts, particularly in the Palopo, Masamba, and Makassar Religious Courts in resolving cases of disputes over the inheritance rights of boys and girls in the Muslim community. Its main purpose is to analyze their method of ijtihad including the legal basis they apply in checking legal facts. This study uses a descriptive-analytic method supported by sociological, normative, and religious approaches. The results of the study concluded that the judges at the Palopo, Makassar, and Masamba Religious Courts have reconstructed the provisions of inheritance law in the Qur’an and the Islamic Law Compilation through their ijtihad. This is indicated by their decision in many cases, among others, to give all inheritance assets to daughters, whereas in the Qur’an and the Islamic Law Compilation the inheritance rights for girls have been determined as ½ a portion. Likewise their decision regarding the ratio of inheritance rights between boys and girls, which in the Qur’an, Hadith, and the Compilation of Islamic Law is determined to be 2: 1, reconstructed to be 1: 1; the decision to give 1/3 of the inheritance property to the adopted child through a grant or a wasiyat wajibah (will) mechanism, as well as inheritance rights to grandchildren as a substitute for the position of the father or mother.              
Exploring The Model of Implementation of Islamic Law in Indonesia Rajafi, Ahmad; Salma, Salma; Adilah, Naili; Hamhij, Hamhij; Ladiqi, Suyatno
al-'adalah Vol 17 No 1 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v17i1.4577

Abstract

This article aims to explore the models of application of Islamic law in Indonesia by the State, ranging from traditional to modern, including aspects of reform. This research found the fact that at the beginning of the entry of Islam to the archipelago, the propagators of Islam had partially applied Islamic law, especially after the establishment of Islamic kingdoms in several areas. However, after the establishment of the Unitary State of the Republic of Indonesia, the model of applying Islamic law underwent renewal with formalistic, religious-ethics, and convergence models. Unfortunately, in the production stage, the implementation encountered many obstacles because it had to enter the realm of practical politics. Therefore, its development continues to move partially, such as the issuance of the Marriage Law, Zakat, Hajj, and so on, including through material review in the Constitutional Court.
Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) Wahidah, Wahidah; Azhar, Alias
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.v16i2.4578

Abstract

This research illustrates the practice of inheritance in the Banjar community of South Kalimantan. The aim is to see the extent to which the provisions of Islamic inheritance law (farāidh) are applied by the member of society in everyday life. This phenomenon is revealed through several field research methods, especially in-depth interviews, the results of which are then analyzed to obtain conclusions. This study found the fact that although in general, the majority of Banjar people of South Kalimantan resolved their inheritance cases by farāidh (Islamic inheritance law), there was a tendency for some citizens to put forward the spirit of "Badamai (Keeping Peace)" to bring up ways of resolving inheritance cases that seemed varied and unique. In such a model, the formulation of the inheritance distribution specified in the farāidh is not fully implemented but is modified through the hibah wasiat (testamentary grant) method. In the case of ashābah bi al-ghair (heirs of a different gender), the pattern of division of "two to one" is not carried out by the mushi (testator)  because of certain reasons/considerations related to the real condition of the heirs (economic level, marital status, age, etc).
Legal Protection of Women In Unregistered Inter-Citizen Marriage Sururie, Ramdani Wahyu; Wicaksana, Dio Ashar
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.v16i2.5361

Abstract

The phenomenon of unregistered inter-citizen marriage has been rife in several places in Indonesia. As a result of such marriages, women often have no legal power and can not obtain legal identity rights such as marriage certificates, birth certificates for their children, including material rights such as joint property and property ownership. This study examines the process of informal marriages between citizens as well as examining the extent to which the state provides legal protection to women who engage in informal marriage. The method and approach taken are normative juridical by utilizing secondary data sources in the form of legislation, books, and scientific journals. The results show that the emergence of an unregistered inter-citizen marriage is mostly due to the incompleteness of the documents needed from the country of origin of the prospective husband. To overcome this problem, the state has protected women in the form of preventive and restitutive protection women involved in intermarriages can obtain a clear legal position and protection.
Al-Hisbah Contextualization in the Business Competition Law in Indonesia Zakiyah, Ninik; Prananingtyas, Paramita; Disemadi, Hari Sutra; Gubanov, Konstantin
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.v16i2.5365

Abstract

Supervision of market activities and competition in Islam has existed since the time of Prophet Muhammad PBUH and, at the same time, became a duty of an official called a muhtasib (supervisor). Al-Hisbah, as a controller institution for economic activities and market competition, aims to uphold the amar ma'ruf nahi munkar (commanding the good and forbidding the evil). Meanwhile, KPPU, as an independent institution, functions as a controller of the practice of monopolies and unfair business competition in Indonesia under the principle of economic democracy to support national economic development. This research uses the juridical-normative method with a historical and conceptual approach. Having compared the role of KPPU in supervising business competition to al-hisbah institution in Islam, this study finds out that KPPU, in general, is similar to al-hisbah on account that the substance and the values contained in al-hisbah have been embedded in KPPU especially in upholding amar ma'ruf nahi munkar in economic activities and business competition.
Wahbah Zuhaili’s and Sayyid Sabiq’s Perspective on The Principles of Marriage Contract in Indonesia Hafidzi, Anwar; Mohd. Hani, Mohd Hatta
al-'adalah Vol 17 No 1 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v17i1.5387

Abstract

This study discusses pronunciations used in marriage contracts in Indonesia with various types of pronunciation. The jurisprudence experts agree to use the words "Nikah and Kawin" in a marriage contract because it is based on Q.S Al-Azhab verse 37 which uses the word "Nikah". This study tries to compare the use of these words in the book of Fiqh al-Islam wa Adillatuh by Wahbah Zuhaili and Fiqh al-Sunnah by Sayyid Sabiq. The results showed that the marriage pronunciations used were based on meaning, not pronunciation, provided that there was an intention or indication for marriage and was understood by the witnesses. Therefore, according to Wahbah Zuhaili, using a word other than what has been stipulated in the text of the Al-Qur'an is still valid. Meanwhile, Sayyid Sabiq stated that the pronunciation of the contract must be in words that can be understood by each party and must not use vague words.
The Shifting View on the Prohibition of Exogamous Marriage among the Suku Anak Dalam Community Hidayati, Rahmi; Ramlah, Ramlah
al-'adalah Vol 17 No 2 (2020): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v17i2.5396

Abstract

There have been many previous studies discussing on the theme of prohibition of endogamy and exogamous marriages, but this study will be more focused on the examining exogamous marriages in traditional societies among the Suku Anak Dalam community in Jambi Province. This study uses a combination of descriptive-empirical methods and literature studies. They are used to describe the results of several interviews with the informants and also supported by the literature studies related to the research objective. This study presents the results of empirical research on the determinant factors that influences the shifting of the perspective change on exogamous marriage among the Suku Anak Dalam community, which is analyzed through sociological and anthropological approaches. The result of this study shows that there have been social changes among the Suku Anak Dalam community in the field of family law, especially in matters of marriage law. The change of time, education, economy, religion, and the development of modern society have implicaton to the change of the paradigm of thinking among some of the Suku Anak Dalam community regarding on the prohibition of exogamous marriages.
The Legal Culture in The Distribution of Heritage Property Among The Muslim Community in Karas Kepoh Village, Pancur District, Rembang, Central Java Supriyadi, Supriyadi; Ahamed, Forbis
al-'adalah Vol 18 No 1 (2021): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i1.5422

Abstract

This study aims to reveal the legal cultural background of the community in the distribution of inheritance in the village of Karas Kepoh, Pancur sub-district, Rembang district. All members of the village community can be said to have embraced Islam so that, theoretically, the community should follow Islamic law in the distribution of inheritance. In reality, however, they use the provisions in the Civil Code. This study uses a socio-legal research approach which is analyzed qualitatively. The results of the study indicate that several things underlie the legal culture of the community in the distribution of inheritance. First, the long history of Dutch colonialism which only knows the Civil Code (Burgerlijk Wet Boek). Second, almost all community members study in general education, only very few residents attend Islamic boarding schools. As a result, there are almost no community leaders or religious leaders who understand Islamic inheritance law (farâids). Thirds, village leaders in the past only justified or legalized the distribution of inheritance based on the Civil Code. Such things encourage the formation of an inheritance tradition that is not based on the provisions of Islamic law, but on the Civil Code instead. The tradition, then, turn out to be a culture that is then passed from a generation to the next generation.
Pattern of Inheritance Distribution of Gono Gini's Assets Among Residents of Bandar Lampung City Zaelani, Abdul Qodir; Hilal, Syamsul; Hanif, Abdul
al-'adalah Vol 18 No 1 (2021): al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i1.5516

Abstract

This study explores the pattern of determining/distributing the inheritance of Gono Gini assets among the citizens of the city of Bandar Lampung. The aim is to reveal what factors contribute to the emergence of the different patterns in determining and distributing inheritance among the community members. This research is empirical, using a qualitative analysis approach. The data were obtained through observations and interviews with some religious and community leaders in the city whom were selected based on the purposive sampling technique. This study finds out the fact that the diversity of determining/distributing patterns of gono gini assets among residents of the city of Bandar Lampung is mainly influenced by, among other things, the heterogeneity of the population consisting of various ethnicities, cultural backgrounds, traditions, habits, and tendencies in understandings cultural norms, law and religion.

Page 12 of 32 | Total Record : 312

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