Articles
312 Documents
<![CDATA[Husein Muhammad’s Thoughts on Gender Equality in Islamic Inheritance Law ]]>
<![CDATA[Firdawaty, Linda]]>;
<![CDATA[Munji, Ahmad]]>;
<![CDATA[Sukandi, Ahmad]]>;
<![CDATA[Bukhari, Nurnazli]]>;
<![CDATA[Apriani, Ira]]>
<![CDATA[ al-'adalah Vol 19 No 2 (2022): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v19i2.13123
<![CDATA[This research aims to analyze the philosophical reasons for Husein Muhammad's thoughts about the importance of the equal distribution of inheritance between men and women in Islamic inheritance law, as well as the method of legal reform that he uses when understanding verses about inheritance. This research is field research. Data was collected through virtual interviews. Data analysis was descriptive qualitative, with maslahah theory, and historical and sociological approaches. The research findings show that one of the reasons why verses about inheritance need to be reinterpreted, according to Husein, is because these verses fall into the category of mutashabihat verses (interpretable) so they need to be reinterpreted by looking at the current context. Another reason is that the inheritance verses that regulate section 2:1 for men and women in the Prophet's era were only intended for the context of society at that time, where women had no inheritance rights, and even women were used as objects of inheritance. Nowadays, the existence of women is growing. That way the portion of their inheritance should be reformed and adapted to current socio-cultural developments. Husein emphasized that gender bias occurs due to bias when interpreting the Qur’an, and the influence of patriarchal culture.]]>
<![CDATA[The Concept of Mubᾱdalah (Mutuality) and the Public Role of Wife to Prevent Domestic Violence ]]>
<![CDATA[Na’mah, Ulin]]>;
<![CDATA[Qamaria, Rezki Suci]]>;
<![CDATA[Makrufah, Hesti Ayu]]>
<![CDATA[ al-'adalah Vol 19 No 2 (2022): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v19i2.13682
<![CDATA[This research is motivated by an increase in data on complaints and acts of violence against women/housewives every year. For this reason, in this article, the author offers efforts to prevent domestic violence through a new perspective, namely Mubᾱdalah (mutuality). Mubᾱdalah is a concept formulated by Faqihuddin Abdul Kodir that can be applied in household life. In this study, the Mubᾱdalah concept is used as an effort to prevent domestic violence. This research is library research, which is research conducted using data sourced from the library. In this study, the author describes Faqihuddin Abdul Kodir's thoughts as the main basis for analyzing the public role of wives in preventing domestic violence. The conclusions obtained are: First, mubᾱdalah offers the concept of preventing domestic violence through three efforts, namely: instilling the mubadalah perspective on married couples, eliminating powerlessness or inequality in women, and changing the structure and culture in society. Second, the role of the wife in the public sphere is very important to prevent or minimize acts of violence in the household due to power relations or unequal relations between wives and husbands. Therefore, wives are encouraged not to depend on their husbands and to have a network of relationships that can become social support. in eliminating powerlessness and inequality of women in the public and domestic spheres.]]>
<![CDATA[High Risk in Loss Insurance in The Perspective of Conventional Insurance and Syariah Insurance ]]>
<![CDATA[Zanariyah, Sri]]>;
<![CDATA[Famulia, Ledy]]>;
<![CDATA[Renaldi, Rendy]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v20i2.13849
<![CDATA[This study examines the risk management of tabarru funds of sharia insurance at PT Asuransi Bumiputera Muda 1967 Serang. The aim is to determine the differences in principle between the conventional insurance system and the sharia insurance system in regulating high-risk issues. This study is classified as doctrinal legal research (normative juridical) which is descriptive and analytical in nature based on data obtained through a literature review. This study found differences in tendencies between conventional insurance and sharia insurance in responding to high risks in a guaranteed contract. According to the conventional insurance system, high risks occurring at the implementation stage of the agreement can result in the termination of the insurance agreement. However, if the high risk has been calculated from the beginning of the contract and agreed upon by both parties, then the contract will continue following the agreement stated in the policy. In contrast to this principle, the sharia insurance system applies the principle of ta'āwun (mutual assistance) where each insurance participant donates their funds to other participants who are affected by disasters, regardless of the risk being low or high. Thus it can be concluded that in conventional insurance the relationship that occurs is between individuals and the company while in sharia insurance all insurance participants are collectively bound to the company and share the risk (transfer risk).]]>
<![CDATA[Zhihar Contextualization in Indonesia: an Anthropo-Linguistic Study ]]>
<![CDATA[Siradjudin, Azmi]]>;
<![CDATA[Maliki, Ibnu Akbar]]>
<![CDATA[ al-'adalah Vol 19 No 2 (2022): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v19i2.14040
<![CDATA[The law of zhihar (equating wife to her mother) is closely related to Arabic culture, where the Qur'an was revealed. In Indonesia, zhihar law cannot be enforced because of social norms differences. This article examines the contextualization of zhihar in Indonesia. The aim is to examine the meaning of zhihar in the Qur’an which is then applied in the context of Indonesian culture. Specifically, the contextualization includes the use of language in the zhihar which is then linked to the existing cultural context. This research is purely a literature study using qualitative methods. The approach used is the sociology of language, or more specifically it can be called the anthropo-linguistic approach. The results of the study show that respect is deeply embedded in family life in Indonesia. This means that the husband may equate his wife with his mother-in-law; But not forbid himself against his wife, only to praise and respect her. From the perspective of the sociology of language, this compliment is a reflection of cultural values that have long lived in Indonesian society. The mufassirs (the commentators of al-Qur'an) stated that this action is not zhihar because the lafadz zhihar requires the intention to forbid husband and wife relations. Therefore, it is necessary to conduct an in-depth study dealing with the axiological value of the law of zhihar in the Qur'an which is linked to socio-cultural aspects.]]>
<![CDATA[The Concept of Impeachment in The Indonesia's Constitutional System From The Perspective of Fiqh Siyasah ]]>
<![CDATA[Marwing, Anita]]>;
<![CDATA[Asni, Asni]]>;
<![CDATA[Astuti, Widia]]>
<![CDATA[ al-'adalah Vol 19 No 2 (2022): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v19i2.14289
<![CDATA[This study discusses the Siyasah Fiqh Review of the concept of Impeachment in the Indonesian State Administration. The aim is to find out and understand the mechanism for impeachment/dismissal of the President or Vice President in Indonesia's constitutional system as stipulated in Articles 7 a and 7 b of the 1945 Constitution and the fiqh siyasa perspective on these rules. This research belongs to normative legal research that uses normative, juridical, and historical approaches. Data were collected using literary techniques, then analyzed descriptively and qualitatively. The results of this study indicate that the practice of impeaching the President in the past occurred more often due to political issues, namely the disputes between the legislature and the executive regarding the issue that the President had violated the law. In the past two impeachment proceedings, there has been no precise regulation regarding the impeachment mechanism of the President in the country's Constitution. After the amendment, the issue of impeachment was adopted in Articles 7A and 7B of the 1945 Constitution. Article 7A limits the grounds for impeachment, while Article 7B complicates impeachment by the presence of a judicial institution. From the perspective of Fiqh,siyasa, the head of State's impeachment can be carried out if it meets the criteria and reasons that Syara has determined']]>
<![CDATA[Legal Certainty of Arbitration in The Settlement of Islamic Economic Civil Cases in The Perspective of Positive Law in Indonesia ]]>
<![CDATA[Saepullah, Usep]]>
<![CDATA[ al-'adalah Vol 19 No 2 (2022): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v19i2.14384
<![CDATA[One of Law enforcement efforts can be conducted through a non-litigation approach. In this, arbitration can be seen as a non-litigation legal effort and can be used to resolve Islamic economic civil cases. So far, arbitration law effort has been regulated in the Law Number 30 of 1999 and is widely used in the law enforcement practices. This study uses a normative-juridical method and a qualitative approach. The sources and techniques of data collection refers to the number of relevant literatures, and also analyzed deductively and inductively. The results of this study show that legal certainty of arbitration in the settlement of Islamic economic civil cases in the perspective of positive law in Indonesia that regulated in regulated in the Law Number 30 of 1999 has proven to be quite effective in resolving Islamic economic civil cases. The benefit of Islamic economic civil cases settlement through arbitration is the parties have the same position in the form of equality before the law, the process is easy, not expensive, and a win-win solution. Moreover, arbitration can also guarantee legal certainty and justice for the disputing parties.]]>
<![CDATA[The Reasons For the Permission of Replacement of Wakaf Assets (Istibdal Waqf) in Indonesian Regulations: An Interpretative Study ]]>
<![CDATA[Musthafa, Musthafa]]>;
<![CDATA[Bin Hj Abdullah, Luqman]]>;
<![CDATA[Binti Pauzi, Nurhidayah]]>
<![CDATA[ al-'adalah Vol 19 No 2 (2022): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v19i2.14423
<![CDATA[Government regulations regarding the implementation of istibdal waqf (replacement of waqf assets) aim to ensure the benefit of waqf assets, so they can last longer and be utilized according to their designation. Unfortunately, an explanation of the reasons for the permissibility of istibdal waqf in Government Regulation 42 of 2006 concerning the Implementation of Law No. 41 of 2004 concerning waqf is not found in the regulation. This obscurity can confuse understanding the reasons for the regulation's permissibility of istibdal waqf. This study aims to explain the reasons for the permissibility of istibdal waqf in the regulation. Thus, from the results of this study, a complete understanding can be obtained dealing with the permissibility of istibdal waqf and preventing the emergence of differences in understanding that can harm waqf assets. This research is classified as library research using a legal interpretation approach. This study found that the reason for the permissibility of istibdal waqf in point an in article 49 (2), Government Regulation of the Republic of Indonesia. No. 42 of 2006 concerning the Implementation of Law Number 41 of 2004 concerning Waqf refers to Government Regulation No. 19 of 2021 concerning the Implementation of Land Procurement for Public Interests. At the same time, the explanation for the permissibility of istibdal waqf in point b relates to waqf assets that cannot be used or utilized following the waqf pledge. Furthermore, the permissibility of istibdal waqf in point c relates to waqf assets that can still be used or utilized.]]>
<![CDATA[Tahlil Marriage Among the Sasak Tribe of Lombok Based on Maqashid Al-Shari’ah Perspective and Its Relevance to Compilation of Islamic Law ]]>
<![CDATA[Arifin H. Munir, Zainal]]>;
<![CDATA[Nurul Wathoni, Lalu Muhammad]]>;
<![CDATA[Bin Mujib, Lalu Supriadi]]>;
<![CDATA[Dahri, Harapandi]]>
<![CDATA[ al-'adalah Vol 19 No 2 (2022): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v19i2.14495
<![CDATA[This study examines the practice of Tahlil Marriage carried out in several sub-districts in East Lombok Regency. Tahlil marriage or Cine Bute or muhallil is carried out as a condition that reconciliation between ex-husband and ex-wife who has been divorced is permissible. Tahlil Marriage (Cine Bute) in the Sasak community is carried out secretly without authorization from the Office of Religious Affairs. This research is classified as qualitative research with an empirical normative approach. Data were collected using observation, interview and documentation techniques and were analyzed through the perspective of Maqasid al-Shari’ah and Compilation of Islamic Law (KHI). This research found that Tahlil marriage in East Lombok Regency was divided into three forms: common marriages, contractual marriages, and common marriages initiated by contract marriages. In the view of Maqasid al-Shari'ah, the Tahlil marriages carried out by the Sasak tribe do not fulfill the aspects of dharuriyya, hajjiyat and tahsiniyyat. Among the factors that influence the Tahlil marriages performed by the Sasak tribe are the ease of divorce, the lack of public legal awareness, the low level of public education, the lack of understanding of religion and the weakness of law enforcement.]]>
<![CDATA[The Meaning of ‘Amânah’ and 'Trust' in the Appointment of Nâzhir in Indonesian Endowment Regulations ]]>
<![CDATA[Yumarni, Ani]]>;
<![CDATA[Suhartini, Endeh]]>;
<![CDATA[Haqqi, Abdurrahman Raden Aji]]>;
<![CDATA[Mulyadi, Mulyadi]]>;
<![CDATA[Maryam, Siti]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v20i1.14517
<![CDATA[ This article analyzes the realization of the professionalism principle for the nâzhir (waqf organiser) as conceptualized in waqf (endowment) law. One of the nâzhir requirements in the endowment law is the amânah which is interpreted as human responsibility covering the horizontal/insâniyyah and the hereafter (transcendental/ilâhiyyah) dimensions. By using a statutory approach (statute approach) and a conceptual approach, this research finds the fact that endowment (endowments) is the tabarru' (voluntary) contract; the amânah principle as contained in the endowment pledge has a similar meaning to the concept of trust in a general sense. The concept of trust in a general sense and the concept of amânah/trust in Islamic law are both forms of trust from one party to another with the conditions set out in Article 10 of the Endowment Law and the endowment pledge deed]]>
<![CDATA[Analysis of Relationship between Religious Knowledge, Attitude, and Behaviour of Islamic Universities Female Students towards the Halalness of Cosmetic and Wear Products ]]>
<![CDATA[Suri, Fraulein Intan]]>;
<![CDATA[Iwansyah, Henry]]>
<![CDATA[ al-'adalah Vol 21 No 2 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24042/adalah.v21i2.15866
<![CDATA[This research describes and analyzes the relationship between religious knowledge and the attitudes and behavior of State Islamic Universities (PTKIN) female students in purchasing cosmetics and wearing products that have not been halal (religiously permitted). The aim is to analyze students' tendencies, attitudes, and behavior when consuming cosmetics and consumer goods. Research data was obtained through interviews and distributing questionnaires to three campuses, namely: UIN Raden Intan Lampung, UIN Walisongo Semarang, and UIN Sunan Gunung Djati Bandung. The data were then processed and analyzed using qualitative and quantitative analysis techniques. This research found an inconsistency between students' cognitive, affective, and psychomotor aspects in deciding to buy/use cosmetics and wear products whose halalness is still unclear. This inconsistency is mainly due to the scarcity of products labeled halal and the difficulty of knowing the ingredient composition of the products offered. This research concludes a significant correlation between the religious background knowledge of female students and their attitudes and behavior toward the halalness of cosmetic and wear products.]]>
