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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 Perspective of Islamic Law on the Application of the Polluter Pays Principle in Indonesian Environmental Law Triana, Nita; Izza, Farah Nuril
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.v17i2.8223

Abstract

This study discusses the implementation of the Polluter Pays Principle in Law Number 32 of 2009 regarding Environmental Management and Protection and relates it to Islamic Law. This research is normative juridical research, a study conducted to find legal rules, legal principles, and legal doctrine in order to address legal issues. This research finds that Law Number 32 of 2009 concerning environmental pollution and destruction contains the Polluter Pays Principle which is indicated by the affirmation that compensation does not only cover environmental restoration measures but also includes providing compensation to victims of pollution. The Law also regulates that responsibility for the perpetrators of pollution is instantaneous at the time of the occurrence of adverse action and not necessarily to be associated with an element of error. The application of this principle is in accordance with the Islamic law principles which explicitly state that environmental damage and pollution are included in actions prohibited by Allah. It's only that Islamic law does not specifically regulate the legal sanctions, but leaves it up to government policy (ta'zir).
Institutionalization of Islamic Law in Indonesia Tahmid, Khairuddin; Fautanu, Idzan
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.v18i1.8362

Abstract

This article discusses the institutionalization of Islamic law into national law in Indonesia. The aim is to analyze the possibility of incorporating Islamic Law into the national legal system. This desire is logical, considering that Muslims in Indonesia occupies the majority position (85%) and the community requires appropriate regulations sourced from the teachings of their religion. Based on the results of the 1979/80 BPHN legal review seminar, there are at least 3 (three) main things that could be done, namely; (1) making Islamic law one of the ingredients in the preparation of national law, (2) reviewing and updating national legal products originating from colonial law that is not following the elements of Islamic law. (3) coordinating new regulations which contain Islamic legal norms. This study finds the fact that not all provisions of Islamic law can be incorporated into national law. Only provisions of a civil nature and which are truly correlated with public order (public interest) can be adopted. Apart from that, the law is not only a legal product but also a political product. In other words, the configuration of legal politics in Indonesia shows a very close relationship with the political realm. Therefore, it is necessary to have a strong synergy between Muslim intellectuals and political actors.Keywords: Islamic law, legal politics in Indonesia, political configuration.
Acculturation in the Inheritance Law of the Dayak Ngaju Community Syaikhu, Syaikhu; Muzainah, Gusti; Adawiyah, Rabiatul
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.v18i1.8377

Abstract

The Dayak Community, as an agrarian community, respects and upholds the noble values of their ancestors. This value strongly affects their social and cultural system, including the customs and traditions of inheritance settlement. This research is descriptive-analytic using a phenomenology approach. The aim is to identify the uniqueness of the traditional heritage of the Ngaju Dayak tribe in Palangka Raya through the perspective of acculturation theory of culture and law. The study shows that the acculturation model that occurs in Palangka Raya is an adjustment model, in which the process of adjustment and adaptation of one culture to other cultures occurs without forming a new culture. In addition, this study also finds that the community kinship system influences the application of inheritance law among the Ngaju Dayak indigenous people, Palangka Raya, Central Kalimantan.
'Iddah in the View of Islam and Feminists Hilal, Syamsul; Harahap, Sumper Mulia
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.v18i2.8515

Abstract

This study examines Islamic concepts of 'Iddah (waiting period for a divorced wife) and how the Feminists view it. The aim is to comprehend the different perspectives and try to put the problem in the right position. This research is purely library research using a socio-philosophical approach. Data were obtained from literature, books, and available documents. Based on the results of the study, it can be concluded that in Islamic teachings 'iddah is intended to determine the status of the womb, whether pregnant or not, to avoid mixing the lineage of the expecting baby. This is different from the view of the feminists who think that the provision regarding 'iddah is a product of a patriarchal culture that marginalizes women as it only applies to women, and not to men. This feminist view is based on the spirit of equality before the law which demands equal rights and obligations. The view, however, needs to be reviewed as the provision of 'iddah does not necessarily mean ignoring the principle of equality between men and women. Men and women by nature are created with different physical and emotional characters according to their respective roles. Even if such a view is applied, new problems will arise and damage the order of human culture universally
Legal Synchronization between Government Policy and Sharia Concepts on Lockdown Discourse during the Covid 19 Pandemic Nurdin, Zefrizal
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.v18i1.8613

Abstract

This article aims to analyze government policies related to Large-Scale Social Restriction Policy (PSBB), known as lockdown,  through the concept of Islamic law to find legal synchronization between the policy and the concept of sharia. The problem that will be answered in this study is how Islamic law regulates PSBB when an infectious disease occurs, and whether the PSBB policy has been intertwined with the provisions of the Shari'ah. This research is a normative-juridical that focuses on the problem of synchronization between the two legal systems; sharia and positive law. The results show that Shari'a provisions explicitly require that a lockdown be imposed for anyone and any interest (including collective worship activities) in an infectious area, except for medical personnel carrying out the mandate to provide health services to the community. Prohibition of going out or entering the disaster area can lead to the legal status of haram (strongly prohibited) or makruh (Lessly prohibited) depending on the level of emergency it causes based on information from medical experts. Thus there is a legal synchronization between the provisions of the Shari'a and government policies related to the lockdown, the policies that must be adhered to by citizens for the safety of the individuals and the people as well.Keywords: Covid-19, PSBB, synchronization of law. 
Community Response to the Health Protocols in Organizing Weddings Ceremony During the Covid-19 Pandemic Rosyid, Ahmad Zaenur; sholihah, Hidayatus; Cholil, Arief
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.v18i1.8642

Abstract

Government regulations regarding health protocols during the Covid-19 pandemic have resulted in many impacts and dilemmatic atmosphere in almost all community activities relating to the economic, social, political, and religious fields. This effect can be seen clearly in all community activities, including in the implementation of wedding ceremonies and receptions. This study tries to identify the impact of these regulations on wedding traditions in the North Coast region of Java, precisely in Winong and Pucakwangi sub-districts, South Pati. The research focuses on two types of activities, namely the process of wedding ceremony and the wedding reception. This qualitative research uses a socio-normative approach. Data were collected through interviews, observation, and documentation which were then analyzed using qualitative descriptive analysis. Interviews were conducted with some prospective bride and groom couples and marriage registrats in the local area. This study found that citizens,  starting from the general public to the social, political, and religious leaders, tend not to care about the provisions on health protocols regulated by the government. This tendency can be seen in the public's response to these provisions at the time of marriage, which can be classified into three types of groups, namely affirmative, conditional-adaptive, and ignorance
The Implementation of The Concept of Maslahat (Benefits) in Determining The Minimum Age of Marriage in Islamic Family Law in Indonesia and Jordan Bunyamin, Mahmudin
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.v18i2.8645

Abstract

This study examines the development of Islamic Family Law (al-Ahwāl al-Syakhshiyah) in modern Islamic countries, especially in Indonesia and Jordan. The aim is to gain a deep understanding of the phenomenon which has become a new strategic way to accommodate the idea of Islamic law reform into a more actual form. This research is descriptive-qualitative literature research. Qualitative research is a research procedure that produces descriptive data in the form of written speech, and observed behavior of research subjects. This study finds the fact that the concept of maslahat applied in marriage law in Indonesia and Jordan aims to achieve the general benefit, reject harm, preserve laws or regulations that have been in effect and are considered good, and develop them following Islamic law and the values of local wisdom that become characteristics of each country. Viewed from the other side, the phenomenon of family law reform that is developing in several Muslim countries today can be seen as the beginning of the process of transitioning fiqh law to positive law which is manifested in the form of national legislation.
Analyzing the Maduranese's Traditional Inheritance from al-Tūfi’s Maslahah Theory Maimun, Maimun; Harisah, Harisah; Hanafi, Imam; Sulaiman, Zubaidi
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.v18i1.8649

Abstract

This study reveals the tradition of inheritance distribution among the Maduranese community and analyzes it using the maslahah of al-Tūfi. Although the entire Maduranese community adheres to Islam, in terms of inheritance distribution, they tend to apply customary inheritance law, only a small portion of which applies Islamic inheritance law (farāidh). This research is qualitative research; the data is obtained from interviews, observations, and documentation. This study found that most Maduranese people only give inheritance portion to children's groups, rarely did they include other groups as stipulated in farāidh law. Apart from that, the distribution pattern is also different from one region to another. In Sumenep, for instance, the distribution of inheritance prioritizes girls over boys. In Sampang, priority is given to the eldest child, while in Bangkalan it is prioritized for the youngest child. Only in Pamekasan, the distribution of inheritance is distributed to all family members in equal portions. This pattern of distribution that does not comply with the provisions of Islamic inheritance law, when viewed from the perspective of maslahah al-Tūfi, is still in line with the principles of Islamic law because it aims to bring good, avoid conflict, as well as to adjust to customary provisions and community development.
Analysis of the Application of the Wa‘d Concept in the Issuance Project Based Sukuk (PBS) in Indonesia Kurniawan, Taufiq; Ab Rahman, Asmak
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.v18i1.8969

Abstract

Indonesia, in recent years, has been trying to accelerate economic development, especially in the field of infrastructure development. This effort requires enormous funding, both from abroad and domestically. To expand funding sources from within the country, the government issued Project Based Sukuk (PBS) which aims to finance infrastructure development through sharia-based financing instruments. PBS is indeed an alternative for Muslim communities who are interested in building the country's economy without being overshadowed by the element of usury. This instrument has a main contract in the form of ijarah, supporting contracts and promises (wa'd). The application of these contracts can only be said to be valid from the point of view of the Shari'ah if all the rules and conditions are fully complied with. This study tries to analyze the application of the wa'd concept in PBS, to find out whether all the rules and conditions set by Syara' have been implemented properly. Data were collected through interviews and literature review which were then analyzed using a normative approach. This study concludes that the application of the al-wa'd concept to PBS is in line with sharia principles, although there are still two issues that still need to be fixed, namely first: the problem of investor ownership of PBS assets which is only for benefits, not accompanied by ownership of the goods; both mechanisms for reselling PBS assets at a price equivalent to the nominal value of PBS, even though according to AAOIFI and Majma' al-Fiqh al-Islāmī al-Duwali sukuk assets may not be resold at a price equivalent to the nominal value of the sukuk.
Implementation of Sadd Dzari'ah in The Decision of Religious Courts Class I.B Blora Concerning Marriage Dispensation Mutakin, Ali; Yani, Ahmad; Muslikaturohmah, Siti
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.v18i2.9515

Abstract

This research aims to analyze the judge's considerations in granting dispensation for child marriage in the Religious Courts Class I.B Blora (the case number 153/Pdt.P/2019/PA.Bla). This research is qualitative using a normative approach. Data were obtained through a review of several case examination documents, books, articles, journals, and regulations related to the research topic. According to the prevailing regulation, the age limit for marriage for both men and women is 19 years. If the man and woman have not reached the specified age, the family is allowed to apply for a marriage dispensation to the Court. This study found that the judge's considerations in deciding the case were based on the concept of sadd al-zari'ah (closing the path of evil). This is because in the case submitted there is two conflicting badness. First, the badness of early marriage relates to the health condition of the prospective bride and groom, which includes the health of reproductive organs, pregnancy, the expected child, and the possibility of a break in the household. Second, the bad impact that arises if the dispensation application was rejected, the two prospective brides continue to be involved in adultery. Of the two bad impacts, adultery is far worse. Based on the sadd al-dzarî'ah, the judge, therefore, granted the dispensation request.

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