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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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Wages in the Theoretical Perspectives and Islam Muslimin, JM; Etika, Nurul
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.v17i2.6577

Abstract

Wages are a very basic value in business transactions. In wage agreements, the pattern and nature of the relationship between employers and workers can easily be identified. Unfair and exploitative wages occur because contracts are not open, lack transparency, and are not based on equality, understanding, and willingness. In the Marxist perspective, wages are always placed on suspicion of containing elements and relations of exploitation by the strong against the weak. In this context, transactions and wages are colored by capitalist elements and motives. Islam views wages as a gift from the Almighty which must be implemented in an affective-humanist manner. Although there are differences in roles between workers and employers, the answers to the material agreement are that of equality, openness, and willingness. On the other hand, at the same time, this principle is expected to make the character of work interconnected to make work relationships more conducive.
The Factors Causing The Emerging of Transactional Politics in The Local Election in East Kalimantan 2005 From The Perspective of Siyasah Syar'iyyah Ashar, Ashari; Sultan, Lomba Sultan; Rahim, Abdul; Rahman, Abd
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.v17i1.6633

Abstract

This study examines the practice of the Pilkada (Regional election) that took place in East Kalimantan in 2005. The aim is to obtain an overview of the extent to which the democratic process meets the quality standards desired by law and society at large. Based on the findings of the research, the quality standard is not met optimally due to the emergence of several fraudulent practices, one of which is in the form of transactional politics. Transactional politics or what in an Islamic perspective is called risywah (bribery) are strongly prohibited in legislation and haram in Islamic law. However, the reality is that such practices still take place in certain ways, such as gifts, shadaqah, wages, transport fees, and several other ways to get rid of the impression of bribery. This phenomenon occurs due to several factors including 1) weak regulation and law enforcement; 2) weak understanding of politics; 3) weak community ethics; 4) economic factors.
The Shortest and Longest Pregnancy Period According to Fiqh and Legislation of Muslim Countries Trigiyatno, Ali
al-'adalah Vol 19 No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.6643

Abstract

The Shortest and Longest Pregnancy According to Islamic Jurisprudence and Legislation of Muslim Countries. This study examines how long a woman's pregnancy takes according to fiqh Islamic Jurisprudence and legal provisions in several Muslim countries. This research is purely a literature study using a normative approach that refers to the provisions of family law in several Muslim countries. The legal analysis used is an authentic and doctrinal interpretation method. The fiqh scholars state that the shortest gestation period is six months, while the fiqh scholars differ in their opinion regarding the longest gestation period. Generally, they agree that the longest gestational age is six months. Although legal provisions in various Muslim countries often do not refer to the opinion of fiqh scholars who argue that the longest gestation period is more than one year. This research finds the fact that legislators in various Muslim countries do not use the classical scholar's opinion about pregnancy because it is considered unscientific and does not support social reality. Muslim countries generally define six months as the shortest period of pregnancy and one year as the longest, except for Brunei Darussalam which defines four years.
Political Dynamics of Muhammadiyah and Its Relevance to the Concept of the State in Islam Bakry, Kasman; Asse, Ambo; Syamsuddin, Darussalam; Salenda, Kasjim; Shaari, Roziana
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.v17i2.6824

Abstract

This study describes the political dynamics of Muhammadiyah and its relevance to the constitutional concept from Islamic political perspective. This research uses descriptive, and historical approach. The results of the study finds out: First, the characteristics of an Islamic state are applying God's law, adopting a form of leadership, being universal, not totalitarian, and applying a humane leadership pattern. This character is supported by a leadership system based on basic principles in the Islamic state (al-mabda 'al-asāsī fi dawlah al-Islamiyyah) which includes: trustworthiness (al-amānah), deliberation (al-syūrā), equality (al- musāwā), justice (al-'adālah), and plurality (al-ta 'addudiyya). Second, the Muhammadiyah doctrine originates from the al-Qur'an and al-Hadith and contains a system of beliefs, thoughts, and actions which, as a whole,  is accumulated into the ideology and values of the Muhammadiyah movement. This doctrine is then outlined in Muhammadiyah's statute and Bylaws (AD/ART) and covers all steps and strategies for the struggle, personality, beliefs and way of life of Muhammadiyah. Third, political theology and universal and fundamental religious understanding serve as guidelines, and at the same time, as the blueprint for Muhammadiyah's political midset which is implemented through political and cultural channels in the realm of high, allocative politics. 
The Concept of Qath`i and Zhanni and Its Implication to Religious Behavior among Muslim Communities in Lombok Bin Mujib, Lalu Supriadi; Hamim, Khairul; Bin Gunardi, Setiyawan
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.v17i2.6975

Abstract

The difference in understanding of the concepts of qath`i and zhanni is the root of the problem that causes conflict among Muslims, especially among the Salafi and non-Salafi communities. This study aims to determine the concepts of qath`i and zhanni, the response of the Salafi and non-Salafi communities to the concepts, and its implications in shaping their religious behavior. This study used a descriptive qualitative approach with a case study method and a field research design. Collecting data using observation, interview, and documentation techniques. The data analysis technique uses the description, interpretation, criticism, and conclusion stages. The results of this study indicate that the concepts of qath`i and zhanni are used by ulama Ushul Fiqh to analyze legal texts from the linguistic aspect that are used as standards for assessing the legality and validity of the law. Salafi and Non-Salafi communities agree on qath`ias an inviolable conception, whereas zhanni is not considered. Methodological differences in identifying the concept of qath`i and zhanni areas have implications for religious behavior among Muslims in Lombok, Mataram. By using a textual approach and ignoring the contextual approach, Salafis consider laws that are still in a clear area as qath`i. On the other hand, Non-Salafis use textual and contextual approaches to conclude that the law that is still being debated is zhanni.
The Implementation of Dharuriyat Concept by Muslims Traders in The Pemangkat Market of Sambas Regency. Arifin, Zarul
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.7110

Abstract

This study aims to determine the application of the Dharûriyâ concept among Muslim food traders at Pemangkat Market, Kambas Regency. This research is qualitative descriptive using a socio-religious approach. Data were obtained through observations and interviews with shop owners/grocers of Muslims at the locations which were then analyzed using inductive analysis techniques. This study concludes that the majority of Muslim traders in Pemangkat Market have applied five aspects of the Dharûriyât concept, namely: (i) Hifz al-Din (maintaining religion), which is marked by their obedience in carrying out worship, (ii) Hifz an-Nafs (maintaining the soul), their patience to avoid conflicts between fellow traders, (iii) Hifz al-Aql (maintaining reason), which is characterized by the tendency of traders not to consume/sell liquor; (iv) Hifz al-Mal (maintaining wealth), which is indicated by a penchant for saving/investing and spending their wealth in the way of goodness; (v) and Hifz an-Nasl (maintaining offspring) which is shown by the enthusiasm of the actors to provide good education to children and feed them from lawful assets.
Degradation of Customary Inheritance Law in the Sai Batin Lampung Tribe Sopyan, Yayan; Nusirwan, Nusirwan; Rais, Isnawati; Aswawi, Asmawi
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.v17i2.7137

Abstract

The Sai Batin indigenous people use the “jujur” form of marriage the male majorate inheritance system, a system in which the oldest son is entitled to all inheritance and is the successor of their descendants. So strong is the position of sons in the family that if a family does not have a son, then the family is considered as having no or broken offspring. For this reason, in the Sai Batin kinship system, the adoption of a son, either from an internal or external family, is an alternative solution. This research is qualitative research using the Islamic Law Anthropology approach. In the data collection stage, the writer used the dept-interview technique combined with a survey. This research concludes that although most of the Sai Batin tribes still adhere to the customary inheritance system, however, there has been a tendency to no longer use customary law, especially in matters of inheritance, because it is considered unfair. This is indicated by the tendency of parents to bequeath property to all their children through a grant mechanism or to distribute inheritance based on Islamic inheritance law. This change is influenced by many factors, including the most dominant factors are education, economy, and social interaction.
Analysis of Islamic Law on Consumer Protection in Hajj and Umrah Business in Indonesia Palangkey, Rahmi Dewanty; Gassing, A Qadir; Salenda, Kasjim; Marilang,, Marilang; Syamsu Rijal, Tabhan
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.v18i1.7533

Abstract

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.
Criteria of Acts that Can be Classified as Religious Blasphemy Yanto, Oksidelfa
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.7740

Abstract

This study discusses the criteria for actions that can be classified as acts of religious blasphemy. The aim is to find out in-depth the types of actions that can be classified as criminal acts of blasphemy, as well as legal provisions and sanctions against perpetrators who intentionally commit such acts. This research is descriptive qualitative using a normative juridical approach. To obtain data in viewing the issues discussed, the authors use normative juridical research methods through library research using secondary data. The results of the study show that the acts of religious blasphemy include all kinds of slanderous actions aimed directly at the religion professed, either orally or in writing, regardless of whether it will endanger public order or not, with the aim that people do not adhere to a particular religion. In the realm of criminal law, the case of blasphemy is a form of a pure criminal event whose perpetrators can be given legal sanctions. The legal sanctions for perpetrators according to the Criminal Code can be sentenced to 5 (five) years in prison
Reform of the Law of Inheritance in Turkey and Tunisia Muzaki, Kiki Adnan; Jahar, Asep Saepudin; Suma, Muhammad Amin
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.v17i2.8031

Abstract

This study examines the reform of the law of inheritance in Turkey and Tunisia. Both countries reinterpret the law of inheritance based on the current social context where the changes of social structure particularly related to gender issues encourage changes in its implementation. Applying the library research method, this study aims at comparing the law of inheritance in Turkey and Tunisia and illustrating that the Sharia law associated with social issues is adapted to and reinterpreted according to the needs of the people. As the result, the study draws some conclusion that Turkey grants equal inheritance rights to men and women, whereas Tunisia integrates the inheritance legal system described in the Quran with the social context. This happens due to the fact that Turkey has been subject to total secularisation and has caused a conflict with the opposition since the beginning of its formation. In the meantime, Tunisia has attempted to avoid a conflict with the traditionalists. To that end, in Tunisia the opinions of the Mālikī and Ḥanafī scholars followed by the majority of the people are adopted and used as a source to formulate the first draft of the civil law.

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