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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 Opportunities and Challenges of Student Paralegal within University Legal Clinic at PTKIN Yusup, Deni K; Hamnach, Burhanuddin; Sumner, Cate
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.v16i2.5659

Abstract

This paper is motivated by the role of the university legal clinic under the spirit of implementing the third of university role in the field of community service. In practice, legal aid services at universities are not different from general aid agencies in general. One of the uniqueness of the university legal clinic program is the direct involvement of student paralegal in helping the clients to get legal aid services within the university and court. The student paralegal encounters various opportunities and challenges. The main opportunities, they have their passion and strong motivation to become justice fighters for justice seekers, while they have also the main challenges such as limited time, facilities, knowledge, and legal skills. However, the existence of student paralegal has proven to be very helpful for the clients not only in processing applications and registering cases in court but also in assisting clients in the form of consultation and legal assistance during non-litigation and litigation. Therefore, the university legal clinic program needs to be further strengthened and developed at PTKIN because it has proven positive implications for helping underprivileged people and justice seekers to get access to justice.
The Abolition of Culpability After Converting to Islam In The Science of Ḥadîth and Ḥadîth Al-Aḥkâm Perspective Athoillah, Mohamad Anton; Nuryamin, Nuryamin
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.v17i1.5669

Abstract

This article examines the authenticity of the hadith concerning the abolition of one's culpability after converting to Islam as contained in Ṣaḥîḥ al-Bukhârî, Kitab al-Îmân, Bâb Ḥusn Islâm al-Mar '. The method used in this research is the takhrîj al-ḥadîth method, which is a method to find the strength of the authenticity of ḥadîth by tracing it to its original source. This research found the fact that in the narrative, many ḥadîth in the book Ṣaḥîḥ al-Bukhârî are often classified as Hadith al-mu'allaq (Suspended Hadith) without considering the statements or explanations of the commentators. In fact, the status of a ḥadîth which is categorized as ḍa'îf (weak) because the sanad (chain of narrators) is munqaṭi ' (broken), but after tracking other sanad there is an indication that the ḥadîth is connected to the Prophet, so that the status is ṣaḥîḥ (authentic). This has been the agreement of the scholars, except for Ibn Ḥazm. In conclusion, not all ḥadîths, categorized as Mu'alla, can be categorized as ḍa'îf (weak) because the sanad is munqaṭi '(the narrator's chain is broken); As, in many cases, there are many such ḥadîths, after tracking through other means, it turns out to be connected to the Prophet; One of which is the hadith regarding the elimination of past mistakes of an infidel who later converted to Islam.
Criticism Against Feminist's Thinking About Husband's and Wife’s Rights and Obligations Faisal, Faisal; Mukri, Moh.; Asriani, Asriani
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.v16i2.5801

Abstract

Marriage is a legal place to foster a peaceful, harmonious and loving household (Sakīnah mawaddah wa rahmah). In marriage, the fulfillment of the rights and obligations of husband and wife is the main means for achieving domestic happiness. In the Islamic perspective, the husband is the head of the household and the wife is the housewife. However, in modern times, along with the emergence of feminists, the concept of the rights and obligations of husband/wife are thus re-interpreted and reconstructed on the grounds that many wives are no longer serving as housewives but also help husbands in earning a living. As a result, the aspect of equality is more prioritized than the concept of mu'āsyarah bil ma'rūf (harmonious relationship). This article examines the views of Muslim feminists about the role of husband/wife in a household, while comparing them with concepts that exist in Islamic teachings. In conclusion, the Islamic concept of the rights and obligations of wife and husband, if it is carried out consistently, will actually bring more benefit and permanence in the household than the feminist’s which is only based on the equality argument.
The Role of Substantive Understanding Approaches in The Changes of Fiqh Firdaus, Firdaus; Azwar, Zainal
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.v17i1.6031

Abstract

This study aims to offer an approach in changing fiqh to stay in line with the demands of the texts and, at the same time, to create benefits for Muslims in their lives. This research is entirely library research whose data sources are obtained from several sources, including the Tarikh Tasyri Tasyri written by Khudari Bek, Tarikh al-Mazahib al-Islamiyyah fi Tarikh of al-Mazahib al-Fiqhiyyah written by Abu Zahrah, and al-Ittihad al-Fiqhiyyah inda Ashab al-Hadis fi al-Qarni al-Tsalits al-Hijri by Abd al-Majid Mahmud Abd al-Majid, and several other sources relevant to the topic studied. The analysis technique used is content analysis, which is the only technique used in analyzing the information process. This research finds the fact that fiqh changes are a necessity to respond the social development as well as to create benefit for society. Efforts to change fiqh can be done by using a substantive understanding of the syara 'texts which are the basis and source of change. It is in these aspects does appear the importance of the role of substantive understanding in the process of legal changes, as a solution in responding to the current and future development of society.
The Application of Emergency Concept Within the MUI Fatwa on Measles Rubella Vaccine Immunization Sanusi, Ahmad; Miftah, Ahmad Harisul; Agustiana, Ria
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.v17i2.6054

Abstract

In contemporary religious fatwas, the term emergency (dharurat) often appears, such as health emergencies (dharurat al-shihhiyah), cultural civilization emergencies (dharurat al-tsaqafiyah), and so on, all of which are aimed at dealing with certain emergency issues that are really urgent (mulji'ah). This paper tries to analyze the MUI Fatwa Number 33 of 2018 concerning the Measles-Rubella Vaccine. According to LPPOM MUI, this vaccine contains an element that is considered haram (unlawful) in Islam. Because of this, the use of the vaccine raises the question of whether or not it is religiously permitted. After conducting a comprehensive study, MUI, through the MUI Fatwa Number 33 of 2018, stated that even though the Rubella Measles Vaccine contains haram elements, its use is permitted. This permission, as this research concludes, is based on reasons of emergency. Such because until now there has been no other vaccine that is classified as halal  (lawful) that can be used against the measles diseases. Thus, the use of the vaccine is deemed essential and urgent in the interests of the next generation of Muslims in Indonesia and the safety of the life of the wider community. 
Al-Hājat As The Basis Of Contemporary Ijtihād Fatarib, Husnul; Qasem, Muhammad; Meirison, Meirison
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.v17i1.6209

Abstract

This article discusses the use of the concept of hājat (necessity)  in the application of sharia law when there are difficulties in applying the original provisions. The hājat (necessity) makes it possible for people and individuals not to apply the original law when they experience difficulties in applying it. However, the use of hājat must fulfill several conditions, including (1) it should be mu'tabarah, not contradicting the prevailing principles of syara', (2) it should be found in cases that seriously threaten religious interests, life/soul, mind, descent, and property. (3) If the hājat is general for a group of people or the wider community or individuals, then this position of hājat occupies an emergency position and takes place permanently for the community but temporarily for individuals. This study found the fact that some contemporary scholars no longer adhere to the principle of hājat which is mu'tabarah or following the maqāsid sharī'ah with all its requirements but has mixed it with pseudo-ad-dharūrah (emergency). Through this approach, some contemporary cases that were initially considered harām (forbidden), such as forex (Foreign Exchange) are considered lawful because they are needed. In other words, even though it is not a real hājat because forex is ribā nasī'ah, it can be done in an emergency, as is the case with bonds that have fixed interest.
A Genealogical Analysis on the Concept and Development of Maqaṣid Syarī‘ah Nur, Iffatin; Abdul Wakhid, Ali; Handayani, Lestari
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.v17i1.6211

Abstract

Maqāṣid syarī‘ah has a tremendous urgency to the process of Islamic law’s adaptability and modernization, especially in response to the increasingly complicated and crucial human problems where the treasures of classical fiqh are no longer capable to answer them. This paper studies a genealogical analysis to answer the question about the origin of the concept of maqāṣid syarī‘ah by uncovering its embryo and genes of this completely new concept. It was library research employing discourse analysis. Primary and secondary sources of works from previous and contemporary Muslim scholars discussing maqāṣid were studied and analyzed using Gadamer’s hermeneutics. The study found that from the historical perspective, maqāṣid syarī‘ah did not just emerge at the time of al-Syaṭibi, but, based on empirical data, it had been present long before his time. The literature analysis on uṣūl fiqh concluded that the figures before al-Syaṭibi had developed some works that were actually in the area of the essential and substantial values of maqāṣid syarī‘ah, however, they presented them using other words and terms so that they were considered as not of maqāṣid syarī‘ah.
Juridical Study of the Constitutional Court's Decision No. 22/PUU-XV/2017 Regarding Restriction of Marriage Age in the Perspective of Maslahah Theory by Muhammad Saʻîd Ramaḏân Al-Bȗṯî’s and Gender Equality in Islam Syifa’, Machrus Ali; Kharlie, Ahmad Tholabi; Sahid, Mualimin Mochammad
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.v17i1.6316

Abstract

This article is intended to answer questions on the legal considerations of the Constitutional Court Decision No. 22/PUU-XV/2017 regarding the minimum age of marriage for women and how the Judgment is seen from the Muhammad Saʻîd Ramaḏân al-Bûṯî's maslahah theory and the theory of gender equality in Islam. From the conducted studies, several conclusions can be drawn. First, the Judge's legal considerations in canceling the minimum age of marriage in decision No. 22/PUU-XV/2017 are based on consideration of discrimination acts, health and educational aspects, child exploitation, the minimum age requirement for marriage in various countries, and policy demands related to marriage age. Second, in terms of the al-Bûṯî’s maslaẖah theory, the Constitutional Court's ruling on the equalization of marital age between men and women is not categorized as a maslahah, since it does not meet the five criteria for something to be called as a maslahah. Third, according to the gender equality theory in Islam, it can be concluded that the Constitutional Court's decision is not suitable to the theory, since the meaning of equality in Islam is not to be equal but rather to the fulfillment of rights according to the level of needs. 
The Concept of Sakinah Family in The Contemporary Muslim Generation Fauzan, Ahmad; Amroni, Hadi
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.v17i1.6458

Abstract

This research tries to reveal the meaning of the Sakinah family as one of the goals of marriage as described in the Al-Qur'an Surah Ar-Rum (30:21). The aim, in addition to gaining a clear understanding of the substantive meaning of the term, is to obtain concepts that can be applied in modern life. In achieving this goal, the researcher tries to examine a number of opinions of modern interpretive scholars and analyze them using a qualitative descriptive approach. Based on the results of the analysis of a number of ideas from modern commentators, it can be concluded that the Sakinah family is a family in which harmony, peace, and comfort are created, and runs on legal and religious norms. To realize a sakinah family, every prospective married couple needs to prepare for their marriage from an early age, especially those related to moral, material, mental and spiritual abilities, and have a strong commitment to shaping and maintaining family continuity based on the guidelines and rules of religion and society.
Kafâ’ah Contextualization in an Effort to Form Harmonious Family in the Modern Era: An Analysis Of Fazlur Rahman's Double Movement Fajar, Mokhammad Samson; al Badr, Faris
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.v17i2.6568

Abstract

Kafā’ah is a marriage law that has relatively little attention from Islamic jurists. This is because kafā’ah is less adaptable to changes in people's lives. Because kafā’ah is identical with the Arab cultural heritage before Islam. But factually this kafā’ah is still a legacy in the books of the fuqaha'. This research is focused on revealing the relevance of the concept of the kafā’ah of the fuqaha' with the changing times of the modern era. As well as how to contextualize the concept of kafā’ah in this modern era so that it truly becomes a path to family harmony. In uncovering the problem, the double movement theory or Fadzlurrahman dual interpretation is used, in which this interpretation becomes the knife of analysis by revealing how the current condition of the kafā’ah is then drawn to the kafā’ah of the past and how the response of the Qur'an and the Sunnah. Then the moral values of the Qur'an and the Sunnah are taken using reasoning ratios so that conclusions can be drawn in accordance with current needs. The conclusion of this research is that the concept of kafā’ah in the book of fiqh is not relevant to the needs of this modern era, where kafā’ah in the modern era is more interpreted in terms of equality and ability (competence) to get married, which is different from the kafā’ah of the past which is more nuanced feudalistic.

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