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312 Documents
<![CDATA[Analysis of Maqāshid Sharī’a on Substitute Heir in Compilation of Islamic Law (KHI) ]]>
<![CDATA[Saniah, Nur]]>;
<![CDATA[Yuslem, Nawir]]>;
<![CDATA[Matsum, Hasan]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16062
<![CDATA[This study analyzes the application of maqāshid sharī’a (objectives of shari'a) regarding substitute heirs as outlined in article 185 paragraphs 1 and 2 of the Compilation of Islamic Laws the research aims to find out the philosophical basis of maqāshid sharī’a regarding the importance of giving inheritance to substitute heirs. This research is a normative legal research that uses a philosophical approach. Data were collected using literature techniques, then analyzed descriptively qualitatively through maqāshid sharī’a theories. This study shows that the determination of inheritance for substitute heirs in Article 185 is important to realize because it contains many maslahah (benefits) both sociologically and psychologically. The philosophical foundation of maqāshid sharī’a in inheritance for substitute heirs is not only limited to protecting assets (hifzd al-māl) but also to improving their quality of life (tanmiyah al-nasl wa al-māl). Substitute heirs are not enough just to be given assets, they also need care and affection from their extended family. Viewed from the maslahah position, giving inheritance to substitute heirs to improve their quality of life is included as maslahah dharūriyah (urgent needs).]]>
<![CDATA[Authority Sharing Between The Central and Regional Government in The Implementation of Pesantrens Law and Its Relevance to Hifdz Ad-Dîn Efforts ]]>
<![CDATA[Wardhana, Allan Fatchan Gani]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16080
<![CDATA[This study aims to examine the shift/sharing of authority between the Central and Regional Governments in the religious field, particularly regarding the implementation of Law Number 18 of 2019 concerning Pesantren. The Law provides a portion of authority to the Regional Government to facilitate Pesantrens in carrying out its functions as one of the centers for the development of Islamic religious knowledge. The Law also obliges the local Government to fund the Pesantrens through regional revenue and expenditure budgets by their authority and guided by statutory provisions. This study uses a normative juridical method. The results of this research conclude that the existence of the Pesantrens Law, on the one hand, shows that the Government has concern for efforts to maintain religion (Hifdz ad-Dîn); and, on the other hand, indicating that there has been a shift in authority from the Central to the Regional Government in governing of religion, particularly in terms of administering Pesantrens,]]>
<![CDATA[The Fulfillment of Women's Rights in Verstek Decisions at Samarinda and Sangatta Religious Court ]]>
<![CDATA[Yuni, Lilik Andar]]>;
<![CDATA[Kasuma, Jati]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.16119
<![CDATA[This study examines the progressivity of judges in deciding cases without the presence of the litigants (Verstek) which is linked to the fulfillment of women's rights in the Samarinda Religious Court and the Sagata Religious Court. This is because almost 80% of divorce case trials in the Religious Courts are not attended by the parties; So the case was decided by the judge through Verstek. This study was conducted to find out the influence of a Judge's progressivity on protecting the rights of women (wives) after divorcing their husbands. This research is a documentation study carried out by examining several Judges' decisions which were decided in Verstek both in cases of talaq divorce (divorce filed under the will of the husband) and contested divorce (divorce filed under the will of the wife). This study was carried out by using a case study approach combined with a legal study approach; while in the analysis stage, the author uses qualitative descriptive analysis methods. The results of the research conclude that in Verstek decisions the judges tend to be progressive in accommodating women's rights after divorce, both in cases of Talak divorce and contested divorce.]]>
<![CDATA[The Settlement of Domestic Violence Cases (KDRT) Based On Islamic Values and Local Wisdom ]]>
<![CDATA[Ismayawati, Any]]>;
<![CDATA[Sa’diyah, Zaimatus]]>
<![CDATA[ al-'adalah Vol 16 No 2 (2019): al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/al-'adalah.v16i2.16175
<![CDATA[The Settlement of Domestic Violence Cases (KDRT) Based On Islamic Values and Local Wisdom. This research explores the conflict resolution of domestic violence (KDRT) cases based on Islamic values and local wisdom. The aim is to find alternatives to solving legal problems without having to go through legal channels (litigation). Although the Government has passed Law No. 23/2004 aimed at suppressing cases of domestic violence, the regulation is still not effective in overcoming the problem. It is proven that such cases still appear in public spaces and stick out like an iceberg. The main factor causing the difficulties was due to the kinship between the victim and the perpetrator. After examining both ”al-sulh”, the methodology for resolving conflicts based on Islamic values, and “Musyawarah”, the method based on local wisdom, this research finds out that the above-two alternative solutions have several advantages compared to legal channels. The two models of the resolution, therefore, can be used as alternatives for resolving conflicts in the household, especially those accompanied by violence.]]>
<![CDATA[Feminism Analysis of Judges' Considerations for Post-Divorce Domestic Violence Victims in Medan and Banda Aceh Religious Courts ]]>
<![CDATA[Yusuf, Nasruddin]]>;
<![CDATA[Azizah, Nur]]>;
<![CDATA[Hasan, Faradila]]>
<![CDATA[ al-'adalah Vol 20 No 2 (2023): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i2.16177
<![CDATA[Domestic violence (KDRT) often arises in a marriage, which then encourages the wife to sue her husband for divorce through the courts. In this case, the Compilation of Islamic Law (KHI) does not regulate the rights of a wife who sues her husband for divorce to obtain 'iddah, or mut'ah support. But the rules regarding this are in Book II of the Guidelines for Religious Courts and SEMA. This research is field research with a qualitative-comparative approach through a feminist perspective. The aim is to analyze the considerations of judges in deciding cases of divorce due to domestic violence in the Medan Religious Court and the Banda Aceh Sharia Court. The research found the fact that the considerations of judges in the Medan Religious Court when deciding cases of divorce due to domestic violence, do not consider the issue of 'iddah or mut'ah maintenance rights to the plaintiff (ex-wife) because this is not regulated in the KHI. This research concludes that, if analyzed from a feminist perspective, the decisions of the judges of the Medan Religious Court and the Banda Aceh Sharia Court tend to be unfair and discriminatory towards women. the principle of gender equality, where the law discriminates between the legal effects of divorce by the husband's will (talak) and divorce by the wife's will (divorce). Therefore, this research recommends that judges when deciding on a domestic violence case should not only adhere to one KHI but also consider other rules relevant to it.]]>
<![CDATA[Maqâshid al-Sharî‘ah Review of the Implementation of Sharia Franchise at 212 Mart Bandar Lampung, Indonesia ]]>
<![CDATA[Maulidiana, Lina]]>;
<![CDATA[Famulia, Ledy]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16339
<![CDATA[This article aims to analyze the fulfillment of maqâshid al-sharî'ah towards the implementation of sharia franchises at 212 Mart Bandar Lampung. The theory of maqâshid al-sharî'ah is a theory that becomes a benchmark in analyzing a new phenomenon in society which aims to make it relevant to the rules in Islam. The problems in this study include how the indicators are used by franchisors who claim to apply Sharia principles and how to implement franchises that apply Sharia principles when viewed from maqâshid al-sharî'ah. The purpose of the discussion in this study is to determine the fulfillment of maqâshid al-sharî'ah in the 212 Mart Bandar Lampung shari'ah franchise. The research method uses qualitative methods with an empirical juridical approach. The results of the study show that what is implemented by 212 Mart Bandar Lampung has fulfilled the elements of dlarûriyyât, hajiyyât, and tahsîniyyât although there are still things that need to be adjusted to the basic rules for determining ujroh following the DSN MUI Fatwa that applies in Indonesia. ]]>
<![CDATA[Job Creation Law and Consequences in Determining Halâl Products: Analysis of the Halâl Product Fatwa Committee ]]>
<![CDATA[Iswanto, Bambang]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16379
<![CDATA[ The Halâl Product Fatwa Committee is a new institution constructed in the Job Creation Law. Its authority is to determine whether consumer goods are halâl or harâm. This role has received two views: on the one hand, it is an attempt to negate the authority of the Ulema Council Indonesia (MUI), on the other hand, it shows that the government is interfering in religious affairs. This article attempts to present a review of the conception of government power, followed by regulations regarding the determination of halâl status in the Job Creation Law including its implications on institutional arrangements for administering halâl products. This research uses a combination of normative legal approaches with conceptual and statutory approaches. The research results show that: First, government power is an institution that is obliged to carry out governance issues. Second, the Halâl Product Fatwa Committee and its authority have the potential to eliminate the role of the MUI. Third, structuring can be done by unifying institutions administering Halâl guarantees or forming non-structural government institutions. This aims to create legal order and at the same time ensure that the MUI's institutional role is not lost. ]]>
<![CDATA[The Dynamics of Productive Waqf Management of Islamic Kingdom Property in Java ]]>
<![CDATA[rosyid, Ahmad Zaenur]]>;
<![CDATA[bin Shaharudin, Syarul Azman]]>;
<![CDATA[Sholihah, Hidayatus]]>;
<![CDATA[Asmaji, Asmaji]]>
<![CDATA[ al-'adalah Vol 21 No 1 (2024): Al-'Adalah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v21i1.16384
<![CDATA[This study discusses the dynamics of the management of the waqf land inherited from the Islamic King of Demak Bintaro, Fatahilah, in the form of 350 ha of productive land managed by the Mosque Welfare Agency (BKM) of Demak Regency for the benefit of the community. This study aims to study the diversity of waqf asset management models and their distribution patterns framed in a productive waqf model in line with the provisions of Law No. 41 of 2004 and Government Regulation (PP) No. 42 of 2006 concerning waqf. This study is classified as qualitative which examines Nāzir's activities in managing waqf according to the perspective of Islamic law. Data were collected through in-depth interviews, direct observation, and historical documents, books and related articles. This study concludes that there is a development of management patterns by Nāzir from traditional to semi-professional dynamic governance. This is implemented through the development of a productive economy for waqf land in the form of land auctions and the construction of shophouses, and lodgings for rent. The results are distributed to several segments such as mosques and Qur'an Education Parks (TPQ), schools and graves, including for the commemoration of the royal family haul, maintenance and operational costs of the mosque, and the tomb of the Demak Sultanate.]]>
<![CDATA[The Construction of Cerai Manis (Prefered Divorce) on the Border of Indonesia and Malaysia Communities ]]>
<![CDATA[Ma'u, Dahlia Haliah]]>;
<![CDATA[Wagiyem, Wagiyem]]>;
<![CDATA[Rahayu, Rita Mustika]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16518
<![CDATA[One of the implications of unregistered marriages between Indonesian-Malaysian border communities is the occurrence of non-litigation divorces or divorces outside of court. This implication happens because there is no evidence in the form of a marriage book that is officially regulated in Indonesia. Divorce referred to by the local community is known as cerai manis (preferred divorce). This type of divorce is done based on the willingness and agreement of both parties without any conflicts or disputes. The purpose of this research is to find out the construction of cerai manis law which is part of the customary law of the local community. The method used in this research is field research with a sociological approach, while for data analysis, the author used descriptive qualitative analysis techniques. The results of this research indicate that the parties who agree to divorce, after going through the stages of adat and customary mediation, will obtain a certificate of customary separation which also regulates child custody, rights to share over joint assets and collective agreements.]]>
<![CDATA[Application of the Precautionary Principle in Judge's Legal Considerations for Pollution Cases in Islamic Law Perspectives ]]>
<![CDATA[Triana, Nita]]>;
<![CDATA[Khashogi, Luqman Rico]]>;
<![CDATA[Turistiati, Ade Tuti]]>;
<![CDATA[Monk, Lincoln James Faikar]]>
<![CDATA[ al-'adalah Vol 20 No 1 (2023): AL-'ADALAH ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Intan Lampung ]]>
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DOI: 10.24042/adalah.v20i1.16660
<![CDATA[In industrial activities, the precautionary principle in protecting the environment is very important. This research examines how judges use the precautionary principle in making legal decisions in cases of environmental pollution. This research is a doctrinal qualitative with a normative juridical approach. Based on the research findings, the Panel of Judges in the decision of the North Jakarta District Court Number: 735/PDT.G-LH/2018/PN.Jkt.Utr determined that PT. HAYI has carelessly disposed of B3 waste from textile industry activities. In that decision, the Panel of Judges expanded the understanding of the Precautionary Principle, from the level of management and preventive policies to the level of repressive dispute resolution. The judge has also changed the Rio Declaration which is only morally binding to a hard law which is directly used as a source of law in deciding a case. This development is a paradigm shift in environmental justice from homocentric to ecocentric. In Islamic Law, the precautionary principle is related to the concept of ihtiyāth(prudence) and correlates with sadd al-dzarī'ah, namely the maximum effort to suppress everything that can be a means of prohibited things to avoid the amount of damage. Within the framework of Usul Fiqh, avoiding damage is a priority step rather than reaping benefits.]]>
