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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 Role of Masturah Da'wah in Forming a Sakinah Family in The Jamaat Tablighi of Manado City Bilalu, Naskur; Purwadi, Wira; Subeitan, Syahrul Mubarak
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.v19i2.11268

Abstract

This paper discusses the formation of the sakinah family through the role of da'wah Masturah, a Jamaat Tablighi's program, namely da'wah efforts among women. Because the task of reviving religion lies not only on men but also on women, a sakinah family will be formed when every family member is obedient to Allah SWT. This study aims to determine the role of da'wah Masturah in forming a sakinah family in Jama'ah Tablighin Singkil District, Manado City. This research is field research with a qualitative nature whose data is collected through observation, interviews, and documentation related to the focus of research on the Jama'ah Tablighin Singkil District, Manado City. The results of this study show that da'wah Masturah is very influential in forming a sakinah family in Jama'ah Tabligh in Singkil District, Manado City. There are 3 (three) indicators that da'wah Masturah plays an important role in forming a sakinah family: First, every family member is obedient in carrying out religious orders; Second, husband and wife understand their rights and obligations; and; Third, children are expected to be a pious and/or pious generation
The Role of Career Women in Creating a Sakinah Family: From Mubadalah (Mutuality) Perspective Nastangin, Nastangin; Huda, Muhammad Chairul
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.v19i1.11579

Abstract

Abstract: The Role of Career Women In Creating A Sakīnah Family: From Mubādalah (Mutuality) Perspective. Career women have dual roles, first as a wife and second as a worker. This dual role, either directly or indirectly, will affect their ability to manage domestic life. This study tries to examine this phenomenon through the perspective of mubādalah (mutuality) from Faqihuddin Abdul Kodir. The aim is to find out the success/failure of how career women reconcile their roles as housewives as well as career women. This research is qualitative by using a socio-legal approach. Data were collected using in-depth interview techniques conducted with several female lecturers at IAIN Salatiga. This study finds the fact that the perspective of Mubādalah (Mutuality) theory, when drawn into the realm of family life of female lecturers at IAIN Salatiga, is in line because Mubādalah theory requires a balance of relations between husband and wife and the elimination of gender bias to create a harmonious and prosperous family life.
The Ideal Age For Marriage in The Compilation of Islamic Law (KHI) and Psychology Indra, Gandi Liyorba; Al Arif, M. Yasin; Zaelani, Abdul Qodir
al-'adalah Vol 20 No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.11598

Abstract

This article discusses the ideal age for marriage which is examined from the perspective of Islamic law and psychology. The aim is to gain a broader understanding that can be used as material in drafting a better statutory provision. This research is library research which is descriptive in nature, using secondary data in the form of primary and secondary legal materials. The results showed that the age of marriage stated in Article 15 paragraph 1 of the Compilation of Islamic Law (KHI), namely the prospective husband is 19 years and the prospective wife is 16 years. is the result of the ijtihad of Indonesian scholars based on considerations for the benefit of the family and household. Such an age limit is deemed sufficient as the age of maturity to enter into a marriage. However, when viewed from the perspective of psychology, this age limit is still in the developmental period of adolescence and is still far from being of a mature age category. According to psychology, the ideal age for marriage is 21 to 25 years for women and 25 to 30 years for men. In this age range, the prospective bride and groom are considered ready to settle down, because they have full maturity, both physically and mentally, and can accept responsibility for managing the household
The Reconstruction of Aisyah’s Marriage Age as a Resolution For Child Marriage Practices Phenomenon Adawiyah, Robi'atul; Mukhlisa, Dian; _, Yuliatin; Putra, Devrian 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.v19i1.11706

Abstract

The Reconstruction of Aisyah’s Marriage Age as a Resolution For Child Marriage Practices Phenomenon. The marriage of Aisyah bint Abu Bakr at a young age with the Prophet Muhammad is often used to legitimize the permissibility of marrying small children in the Islamic world. This is what makes the practice of child marriage difficult to eradicate in Muslim-majority countries. This study aims to see how the impact of child marriage on children, the efforts of Muslim scientists in eradicating the practice of child marriage through the reconstruction of Aisyah's marriage age as well as the government's efforts to eliminate the practice of child marriage during the pandemic. This study is library research using a qualitative approach. The results show that Aisyah's marriage at the age of 6 years was not relevant to the existing evidence. Second, it is true that Aisyah bint Abu Bakr married the Prophet Muhammad at a very young age of 9 or 10 years, but that age was considered appropriate for marriage in the cultural context of people around the world at that time. Third, the government's action to increase the age of marriage to 19 years for men and women is something that is in line with the objectives of Islamic law (maqāshid al-sharī'ah). Based on these findings, the practices of early child marriage should be prevented, and even prohibited because it is against Islamic Law.
Legal Protection for Children Out of Wedlock: Ensuring the Best Interests of Children Through Judge Decisions Rohmawati, Rohmawati; Siddik, Syahril
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.v19i2.11761

Abstract

This article examines the protection of the rights of children out of wedlock in the Religious Courts. The ambiguity of the concept of the best interests of the child has prompted judges to interpret this concept to realize legal protection for children out of wedlock. This study reveals the application of the principle of best interests for children by Religious Court judges in protecting children out of wedlock. This study uses a case approach and legal philosophy. The results of this study indicate that the Religious Courts, in determining the origin of children, generally protect the rights of children out of wedlock proportionally. In the best interests of the child, the judges grant recognition of the child and provide a limited legal relationship for an illegitimate child with his biological father. The existence of this legal relationship has provided legal certainty regarding the status of children out of wedlock as biological children of both parents; so that the children have human dignity (hifẓ al-‘irḍ). In addition, judges have realized distributive justice that provides benefits for children out of wedlock, without ignoring the norms of Islamic law regarding the purity of lineage, through the granting of living rights for the survival of children (hifẓ al-nafs), spiritual development (hifẓ al-din), education a proper will (hifẓ al-'aql), and a mandatory will from his father (hifẓ al-māl).
Childfree: Between the Sacredness of Religion, Law and the Reality of Society Nurjanah, Siti; Nur, Iffatin
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.v19i1.11962

Abstract

One of the fundamental problems of a cultural shift in the contemporary era today is the existence of a phenomenon that is contrary to the norm. One of them is the childfree phenomenon with the main goal being the voluntary choice not to have children in a family. Seeing this phenomenon, it seems that it has brought about a shift that must be answered from the perspective of religion, Islamic law, and the reality of society. This is because so far the position of children in religion, law, and the reality of society is a group that must be protected. With the above problems, this study aimed to formulate an approach to the childfree phenomenon from the point of view of Islamic law, particularly the objectives of Islamic law (maqāshid sharī'ah) and the reality of society. Through literature review and literature study, this study finds that the main dimensions of the Islamic law approach model based on maqashid shari'ah and the reality of society are based on the benefit to be addressed and are in line and tandem with the reality of society. The phenomenon of being childfree is contrary to the mission and objectives of maqāshid sharī'ah and the reality of society. The conclusion of this study has strengthened the discourse of an Islamic Law study on the childfree phenomenon as one of the contemporary phenomena that should be responded to by using the perspective of benefits to people. Salah satu problem mendasar dari pergeseran budaya di era kontemporer saat ini adalah adanya fenomena yang berseberangan dengan kelaziman. Salah satunya adalah adanya fenomena childfree dengan tujuan utamanya adalah peniadaan anak dalam sebuah keluarga. Melihat fenomena tersebut, nampaknya membawa arus pergeseran yang harus dijawab oleh kaca mata agama, hukum Islam, dan realitas masyarakat. Hal ini dikarenakan selama ini posisi anak dalam agama, hukum, dan realitas masyarakat merupakan kelompok yang harus dilindungi. Dengan problem di atas, kajian ini bertujuan untuk merumuskan pendekatan terhadap fenomena childfree dengan kaca mata hukum Islam, terkhusus tujuan hukum Islam (maqashid syari’ah) dan realitas masyarakat. Melalui kajian pustaka dan studi literatur, kajian ini menemukan bahwa dimensi utama model pendekatan hukum Islam berbasis maqashid syari’ah dan realitas masyarakat didasarkan oleh kemaslahatan yang hendak dituju dan sejalan serta beriringan dengan realitas masyarakat. Terhadap fenomena childfree, childfree bertentangan dengan misi dan tujuan maqashid syari’ah dan realitas masyarakat. Kesimpulan dalam kajian ini telah menguatkan diskursus kajian hukum Islam bahwa fenomena childfree merupakan satu dari fenomena kontemporer yang harus direspon dengan kaca mata kemaslahatan dalam masyarakat.
An Appraisal of The Legality of Translating Jumu’ah Khutbah in Nigeria Mustapha, Abdur-Razzaq Solagberu Balogun Mustapha Balogun
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.v19i1.12375

Abstract

Khutbah is one the stipulated condition that distinguish Jumucah prayer from other obligatory five ritual daily prayers.  By the time Islam spread to what is now known as Nigeria, the Khutbah used to be rendered in Arabic without any attempt to translate it to any local language.  However, with passage of time the population of Muslims continues to increase.  As a result of that, there are agitations and counter-agitation on the need to either translate the khutbah into a local languages or to render it in a vernacular.  The issue of legality comes in as a means of justifying either of the duo agitations.  The objective of this research paper is to examine the legality or otherwise of translating the khutbah especially in a country like Nigeria where a section of the Muslims who observe their Jumu’ah prayer could not comprehend the language in which the khutbah is being delivered. The method adopted in the research is based on both participatory and non-participatory observations.  The end-result of the research reveals that the khutbah can be legally translated considering a large population of the worshippers who could not comprehend the language of communication i.e. Arabic. By extention, the khutbah of religious festivals such as cIdul-Fitr and cIdul-Adha be translated too.  Similarly ceremonial events where Khutbah is rendered in Arabic should also be translated.  All these will afford the larger number of the congregation not only to be exposed to the stand and teachings of Islam on current issues but will also enable them to appreciate the teachings of Islam.
Dynamic Development of Family Law in Muslim Countries Idham, Idham; Nur, Efa Rodiah; Hermanto, Agus
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.v19i1.12421

Abstract

Abstract: Dynamic Development of Family Law in Muslim Countries. This article examines the dynamics of the development/renewal of Islamic family law in Muslim countries. The aim is to obtain a concrete picture of the development, from its original form, i.e conventional fiqh, to become positive law and apply it in Muslim countries. This research is classified as library research using a combination of historical and socio-anthropological approaches. Data were obtained from several secondary sources in the form of laws and regulations, books, articles, and many other documents related to the topic under study. The results of this study indicate that the role of the state in enforcing a legal system is absolute, in the sense that a law can be applied when it has been legislated as positive law. Apart from that, this study also found the fact that three models are applied in the development of family law in Muslim countries, namely; First, the state still applies the conventional legal system (fiqh). Second, the state carries out legal reforms within the school of thought. Third, the state makes its family law that is separate from religious norms to keep up with changes and developments in society.
Legal Conflict in Zakat Management in the Prismatic Communities of Kapuas Regency, Central of Kalimantan Masrawan, Masrawan; Anshari, A. Hafiz; Hakim, Budi Rahmat; Syaikhu, Syaikhu
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.v19i1.12466

Abstract

Abstract: Legal Conflict in Zakat Management in the Prismatic Communities of Kapuas Regency, Central of Kalimantan. This study is aimed at analyzing the legal conflict in the management of zakat (charity) among prismatic communities in Kapuas Regency, Central of Kalimantan. This intersection occurs between Islamic law relating to the management of zakat and the tradition, or customary law held by the local community. This phenomenon gives rise to poly normativism (legal overlap) between formal rules and living traditions in the local community. This research is empirical-normative in nature, using a combination of several approaches, i.e., the empirical, historical, normative, and conceptual approaches. The data were obtained through interviews, documentation, and direct observation of zakat management institutions and community behavior supported by the tradition of local society. The results of the study indicate that there is an intersection between the rules used in the management of zakat and the customary laws that live in a prismatic society in Kapuas Regency. For this reason, it is necessary to make adjustments in the regulation of zakat management while raising public awareness of the importance of optimizing zakat to support the interests of the state, in general, and in particular, for the interests of the local Muslims themselves.
Ratio Legis of Combining Illegal Acts with Default in Small Claim Court Cases Hadi, Abd; Suhartono, Suhartono
al-'adalah Vol 20 No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.12681

Abstract

Civil procedural law in Indonesia has not yet specifically regulate the accumulation of lawsuits between Unlawful Acts (PMH) and default, which resulted in prolonged discourse in the realm of jurisprudence. Some legal experts are of the opinion that combining cases of unlawful acts with cases of breach of contract in one case/lawsuit is not permitted, seanwhile others think that such an accumulation is possible. The debates finally ended with the publication of the Supreme Court Regulation (PERMA) on Small Claims Court which provided legal certainty regarding the permissibility of this accumulation. This research is normative law with a substantive analysis approach. The aim is to find out the legal philosophical basis behind the formation of PERMA. The results of the research show that the possibility to cumulate between Unlawful Acts (PMH) and default in the PERMA aims to simplify the process of proceedings through simple, fast and low-cost principles. In this way, foreign investors'confidence in resolving cases in Indonesia can be increased.

Page 17 of 32 | Total Record : 312

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