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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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Hajj, Istita'ah, and Waiting List Regulation in Indonesia Huda, Qomarul; Haeba, Ilham Dwitama
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.v18i2.9903

Abstract

This study examines the concept of istita'ah (capability), and the problems faced by pilgrims in Indonesia with the departure regulation that implements a waiting list system. This research is purely a literature study using a normative juridical approach. Islamic law stipulates that one of the conditions that must be met by someone who will perform the pilgrimage is istita'ah (capable) which includes aspects of physical and spiritual health, financial ability, and safe situation. Unfortunately, even though these conditions have been met, it does not necessarily allow someone to go directly to Mecca to perform the pilgrimage. The reason is that there is a quota system set by the Saudi Arabian Government to balance the coming pilgrims with the capacity of the holy cities of Mecca and Medina. As a result of this quota system, prospective pilgrims in Indonesia have to queue waiting for departure, with a waiting time span of tens of years. This study finds out that the waiting list system, although aimed at ensuring the smooth and comfortable in performing pilgrimage, turned out to be an obstacle, because there is no guarantee that a person, in such a long waiting period, will remain healthy, even many. some of them had died before the time of departure arrived. Therefore, the government must find a solution to suppress the waiting list so that it does not continue to extend, by setting certain criteria for individuals who will register, for example the age limit and whether or not the person has performed hajj before.
The Effectiveness of Zakat Distribution at the National Zakat Agency Kamaludin Yusup, Deni; Sobana, Dadang Husen; Fachrurazy, Fachrurazy
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.v18i1.9912

Abstract

The effectiveness of zakat management in Indonesia can be seen from how far the zakat funds can be collected and properly distributed to the right people (mustahiq) by the zakat management agencies. This study aims to determine the extent of the collection, management, and distribution of zakat and its effect on the efficiency of zakat distribution by the National Zakat Agency in the 2008-2019 periods. This research uses the combination of qualitative and quantitative research, which the data source refers to the annual financial report of the National Zakat Management Agency in the 2008-2019 periods. Analysis of the Data uses the descriptive-qualitative and statistical-quantitative through correlation and linear regression tests. The results of this study show: first, the regulation of zakat has not been fully implemented in practice, so that the distribution of zakat has no positive and significant effect on the efficiency of zakat distribution; second, the role of zakat management institutions has no significant effect on the efficiency of zakat distribution in Indonesia; and third, the distribution of zakat and the role of zakat management institutions have no simultaneously positive and significant effect on the efficiency of zakat distribution in Indonesia, which is shown through the results of the significance test (F test) and the coefficient of determination test, as evidenced by the calculation results of the determination test only 19.1%, while the remaining 80.9% are other factors that are not studied. The implication of the results of this study is the management of zakat management must be improved so that its distribution becomes more effective and efficient.
Analyses the Construction of the Indonesian Ulema Council Fatwa on the Halalness of the Sinovac Covid-19 Vaccine using the Jasser Auda’s Perspective of Islamic Law Development Models Abduh, Muhammad; Abadi, Khafid; Islamy, Athoillah; Susilo, Adib
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.v18i2.10041

Abstract

 The spread of hoax news related to whether it is safe or not and whether or not the use of the Covid-19 vaccine is lawful has created a pro-contra attitude among the Indonesian people towards the Covid-19 vaccination program. For this reason, the Indonesian Ulema Council (MUI) has issued a fatwa to provide legal enlightenment on the halal use of the Covid-19 vaccine. This study examines in depth the construction of the fatwa and identifies the Islamic law development model used in constructing the fatwa. This research is purely philosophical normative and uses the models of Islamic legal development proposed by Jasser Auda. The results of the study conclude that the construction of the MUI fatwa on the halalness of the Sinovac vaccine had used a holistic model of Islamic law. This is indicated by some characteristics inherent in the construction of the fatwa namely : (i) the wholeness and multidimensional character, which is indicated by the use of universal textual arguments ('aam). (ii) the purposive character, which isindicated by the use of various fiqh rules emphasizing the realization of benefit as the basis and orientation of legal determination. (iii) the openness characterwhich is indicated by the acceptance of the health and medical science principles which incidentally is outside the field of Islamic law
Sharia Economic Dispute Resolution During Covid-19 Pandemic Asriani, Asriani; surono, Surono; Kumar, Prodip
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.v18i2.10112

Abstract

The process of resolving a case, especially concerning business disputes, generally runs slowly, drags on, and takes a long time, at least three months. This condition will, of course, burden the litigants, especially in cases where the value of the material claim is small. To overcome this problem, the Supreme Court issued PERMA No. 2 of 2015 in conjunction with PERMA Number. 4 of 2019 which regulates the Settlement of Simple Claims (Small Claim Court). What is meant by Simple Claim Settlement. is a procedure for examining a civil lawsuit with a material claim value of a maximum of 500 million rupiahs. With this regulation, it is hoped that the dispute resolution procedure can be simpler, faster, and less expensive. This study examines the court process for simple lawsuits related to Sharia business cases during the Covid-19 pandemic. The aim is to find out how the court process works and how effective the mechanism is in serving the interests of justice seekers. This research is a qualitative descriptive study using a juridical normative approach. The results showed that during the pandemic, the implementation of the small claim court was carried out using the e-court facility, and has proven to be effective and efficient in serving justice seekers.
Revisiting Local Regulation of Sukabumi Regency No. 7 of 2015 Concerning the Prohibition of Alcoholic Drinks Miharja, Deni; Ruswanda, Asep Sandi; Ruslan, Idrus
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.v18i2.10133

Abstract

This study discusses the Regional Regulation of Sukabumi Regency Number 11 of 2005 concerning the Control of Alcoholic Beverages and analyzes it through universal human rights principles as stated in the International Covenant on Civil and Political Rights (ICCPR). The aim is to examine whether the regulation is in line with basic human rights principles. This research is a case study using a normative approach. Data were obtained from available documents which then are compared one to another. Based on the results of the study, it is found that the Regional Regulation of Sukabumi Regency tends to be discriminatory, in the sense that it only accommodates the interests of certain religious or belief groups and ignores the interests of other religious or belief groups. The results of this study conclude that the Regional Regulation referred to is not following universal human rights principles as stated in the ICCPR and which has also been ratified by the Government of the Republic of Indonesia through Law No. 12 of 2005 concerning freedom of religion or belief. The government should pay more attention to other crucial issues such as education, health, and public welfare, rather than getting lost in unimportant issues.
Unity of Sciences (UoS) as a Paradigm For Indonesian Islamic Family Law Reconstruction. Abdillah, Junaidi; Nuriyyatiningrum, Mahdaniyal Hasanah; Miftahunnaja, Nafila Inarotussofia
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.v19i1.10189

Abstract

Unity of Sciences (UoS) as a Paradigm For Indonesian Islamic Family Law Reconstruction. This article aims to examine the use of the Unity of Sciences (UoS) application in efforts to reconstruct family law in Indonesia. This is because the existence of Islamic family law in this country has gained a good place in people's lives, evidenced by the transformation of several al-ahwāl al-shakhsyiyah’s (Islamic Family Law) materials into national law. This transformation, even though it implies a renewal entity, however, at the same time, it draws a lot of criticism from some circles, ranging from constructive to deconstructive criticism. This study is a research library that uses a philosophical approach and a siyāsah shar'iyyah‘s (Islamic politics of Law) perspective. The data were obtained through document-juridical sources which were then analyzed using inductive analysis and critical reflection. This study concludes that the characteristics of Islamic family law reform in the form of statutory regulations have used a reformative approach and burhāni reasoning. In addition, to respond to and anticipate the dynamics and legal changes that are profane in nature, Islamic law requires a Unity of Sciences (UoS) approach so that Islamic law can be grounded in Indonesia.
Socio-Juridical Analysis on Polygamy Requirements in the Compilation of Islamic Law (KHI) Widiani, Ah. Kholish Hayatuddin Desti
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.v19i1.10266

Abstract

Abstract: Socio-Juridical Analysis on Polygamy Requirements in the Compilation of Islamic Law (KHI).This study is aimed at seeing the relevance of the requirement for polygamy in Law no. I of 1974 concerning marriage and in the Compilation of Islamic Law (KHI) including its implementation in several decisions on polygamy cases in the Religious Court (PA) of Ex Surakarta Regency. This type of research is field research using a socio-juridical approach. The results of this study conclude: 1) The requirements for polygamy as regulated in Law no. I of 1974 and KHI are complementary. While Law no. I of 1974 in article 5  specifies five conditions for polygamy, KHI mentions only three conditions. 2) In general, the reasons put forward by husbands for polygamy are always related to the condition of the wife who is unable to carry out her obligations. 3) Judges, in deciding polygamy cases, do not only base the reasons put forward by the husband but also make other considerations, especially related to matters of the benefit and welfare of the applicant’sfamily
Price Changes in A Limited Time in Home Shopping Program on RTV Television Media From The Perspective of Islamic Law Arianti, Farida; Yunarti, Sri
al-'adalah Vol 19 No 2 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i2.10316

Abstract

This study aims to examine the views of Islamic law on price changes in a limited time in the Home shopping program on RTV television media and the implications for buying and selling activities in the program. This type of research is field research using a phenomenological approach. The data collection used observation techniques on RTV television social media and YouTube promo shows for home shopping products. The study results concluded that product sales in the home shopping program contain an element of uncertainty (gharar) by mixing prices over time; because the product is sold at a discount, that price is added to other goods at a specific price, which is an additional bonus. This activity causes the price to change from the price of the initially offered item and then added to the bonus item that must also be paid. This price is only valid for a short period, and then, after the promotion time is up, the price of the item being sold returns to the pre-discount price so that the selling price of the product offered is unclear (gharar) and contains an element of speculation which is not permitted in Islamic teachings.
The Reasons for Permission to Marry Ahlul Kitāb Women in the View of Sayyid Sabiq Munir, Akmal Abdul; Mochammad Sahid, Mualimin; Zulkifli, Zulkifli; Fauzi, Ahmad
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.v18i2.10350

Abstract

Marrying women from the people of the Book (ahlul kitāb) is a matter of dispute amongMuslim scholars, some allow it and some forbid it. Sayyid Sabiq is among the scholars who allows Muslim men to marry women of the People of the Book under strict requirements to avoid harm and negative impacts that will occur if the marriage is carried out. This paper discusses the law of Muslim men marrying women of ahlul kitāb (the People of the Book)and analyzes it from the perspective of Sayyid Sabiq. Based on the results of the study conducted, the authors found the fact that SayyidSabiq allowed Muslim men to marry ahlul kitābwomen based on the following considerations: (i) To eliminate barriers between ahlul kitāband Muslims. (ii) As a means to establish social relations and closeness between others so that they can provide space for non-Muslims to learn and know the truth of Islamic teachings. (iii) As a means to invite them to follow Islam
Online Marriage During the Covid-19 Pandemic: A Study of the Fatwas in Egypt, Iraq, Syria, and Saudi Arabia Hakim, Abdul; Qodsiyah, Bagus Haziratul
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.v19i1.10720

Abstract

Online Marriage During the COVID-19 Pandemic: A Study of the Fatwas in Egypt, Iraq, Syria, and Saudi Arabia. Online marriage is a new social phenomenon that has emerged since the arrival of the COVID-19 virus outbreak in all corners of the world. This phenomenon is widely discussed by people everywhere and is motivated by the desire to carry out pre-planned marriages and not wanting to postpone them. This study aims to discuss the above social phenomena from the point of view of fiqh, maqāshid al-sharīa, and fatwas in several Muslim countries. This type of research is qualitative in the form of a literature study using a conceptual and socio-legal approach. Based on the results of the study, it can be concluded that the views of fiqh and fatwas in Muslim countries regarding online marriage are divided into two: Some allow it because they regard virtual meetings as meetings in one place (ittihād al-majlis) and consent and qabūl can be witnessed by both witnesses; but some forbid it because there is no physical and essential ittihād al-majlis, there are no witnesses, and the possibility of audio-visual manipulation. Viewed from the maqāshid al-sharīa perspective, online marriage is also not suitable because the purpose of marriage may not be realized.

Page 16 of 32 | Total Record : 312

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