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Contact Name
Dr. Abdul Qodir Zaelani, S.H.I., M.A
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al.adalah@radenintan.ac.id
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+6281578564519
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al.adalah@radenintan.ac.id
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INDONESIA
Al-'Adalah
ISSN : 08541272     EISSN : 2614171X     DOI : 10.24042
Core Subject : Religion, Social,
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
Hijriyah Months and The Construction of Religious Moderation in The Sombaopu Community of Gowa, South Sulawesi Alimuddin, Alimuddin
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.v20i1.16818

Abstract

This research examines the response of the people of Sombaopu District, Gowa Regency, South Sulawesi in responding to difference views in determining the beginning of the Hijriyah (Islamic lunar calendar) months. This issue needs special attention because it holds the potential for internal conflict among Muslims. This research is classified as descriptive qualitative field research. The aim is to obtain an overview of social phenomena that exist among the Muslim community in Sombaopu District, Gowa Regency, South Sulawesi Province. This research focuses on the public's response to differences in determining the beginning of the Hijriyah months which is connected to the concept of religious moderation as an effort to prevent society from extreme understandings and practices that are not in accordance with religious guidelines and regulations. This research concludes that religious moderation can be a solution in preventing the emergence of social conflict while strengthening the sense of unity and integrity in society. The success of this effort can be achieved more quickly if the relevant parties, especially government institutions, religious organizations and community leaders are actively involved in this activity.
The Role of Religious Affairs Office (KUA) of Makassar City in Preventing Marriage Violation under the Maṣlaḥah Mursalah Principle HM, Muhajir; Hasan, Hamzah; Supardin, Supardin; Fikri, Mursyid; Shesa, Laras
al-'adalah Vol 21 No 1 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i1.17017

Abstract

This study discusses the role of the Makassar City Religious Affairs Office (KUA) in preventing marital violations based on the principle of maṣlaḥah mursalah. The aim is to obtain a complete picture of the position of the Religious Affairs Office (KUA) as the front guard in resolving various problems and marital violations in the community. This study is qualitative using a descriptive phenomenological approach. Data were obtained from two types of sources, namely primary sources and secondary sources. Primary sources are carried out through interviews, observations, and documentation whereas secondary sources are in the form of certain documents, standard books, articles, or other materials related to the topic studied. Interviews were conducted with the Head of KUA, Penghulu, and office staff. This study involved five KUA in Makassar City with a case study approach that was analyzed in depth through the principle of maṣlaḥah mursalah. This study found that the KUA in Makassar City has played an active role in taking various strategic steps to realize flexible marriage law policies that are in line with the dynamics and needs of society. Other policies that have also been implemented include the formation of a special team, the implementation of routine studies on Islamic marriage law, and increasing cooperation with research institutions. This policy is implemented to make marriage law relevant and responsive to social change. All of this is evidence that in addition to being a public service institution, the KUA in Makassar has also played a role in maintaining legal flexibility so that it remains in line with the interests of the wider community.
Empowerment and Protection of The Elderly in Islamic Boarding Schools From A Social Fiqh Perspective yuliatin, yuliatin; Mubarak, Haris; Adawiyah, Robi'atul; Harun, Hermanto; Effendi, Ghina Nabilah
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.17913

Abstract

This study aims to describe the pattern of care and protection of the elderly at the Pesantren (Islamic Boarding School) of Syekh Maulana Qori Merangin Jambi. The aim is to study the pattern and mechanism of care as an empowerment effort while examining certain aspects through the perspective of social fiqh which is sourced from the opinions of scholars. This study is a quantitative study using the Nvivo R1.7 data analysis method. The results of this study indicate that among several factors that cause the elderly to be in Islamic boarding schools is because of the wishes of the family or their wishes to avoid family conflict. This study found the fact that while being cared for in Islamic boarding schools, the elderly get peace, comfort, protection, and increased religiosity. This phenomenon also proves that caring for the elderly in Islamic boarding schools does not cause any harm to them at all, in fact, on the contrary, they get many useful benefits according to their conditions and fulfillment of their psychological needs. By using social fiqh,caring for the elderly in Islamic boarding schools can be seen as a highly recommended matter.
Implementation of Religious Moderation in Muslim Families Bagan Siapiapi, Riau in the Perspective of Fath al-Dzarī’ah Arisman, Arisman; Harmanto, Adi; Sobirin, Imam
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.18415

Abstract

This article aims to describe the concrete efforts made by Muslim families in Bagansiapiapi, Riau in implementing the concept of religious moderation to create a harmonious atmosphere in the midst of a pluralistic society. This research is a field research, with a sociological-empirical approach. Data collection techniques are carried out by observation, interviews and documentation. The research informants consist of ten Muslim families in Bagan Siapiapi as key informants. The data that have been collected are then processed to be analyzed qualitatively-descriptively-analystically through the fath al-dzarī’ah theory. The results of this study indicate that there are four efforts of religious moderation that have been implemented by the Bagan Siapiapi community, namely: first, the "Clean City" activity. Second, the "Bakar Tongkak" activity. Third, regular meetings of the Interfaith Harmony Forum (FKUB). Fourth, prevention of intra and interfaith conflicts in society. The activities of “Cleaning the City”, “Bakar Tongkak”, and the regular meetings of the Interfaith Harmony Forum, from the perspective of fath al-dzarī’ah, are forms of al-dzarī’ah or means to create religious moderation whose ultimate goal is for the good or welfare of the heterogeneous Bagan Siapiapi community. As achieving welfare is highly recommended in Islam, all activities that lead to the common good must continue to be encouraged (fath).
The Rights of Sasak Noble Muslim Women in Choosing A Mate: an Analysis of The Marriage of Noble Women With Jajar Karang Men From The Perspective of Islamic Law Azhari, Doni; Qalyubi, Syihabuddin
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.18416

Abstract

This article explores several aspects of equality in Banjar Customary marriage law, especially regarding the rights of Sasak noble women in choosing a life partner. The aim is to find out and analyze the rights of Sasak noble women from the perspective of gender and Islamic Law. According to Banjar Customary Law, a noblewoman (menak) cannot marry a jajar karang man (ordinary people). If this is done, the act is considered a nyerompang (violation) which has an impact on the severance of kinship ties and inheritance rights. This study uses the contestation method from Michel Foucault which is applied to study the position and status of men and women in Sasak Society. This study found the fact that two kinds of tendencies are currently developing in Sasak society. First, the group that maintains Customary Law, and second, the group that welcomes change. The emergence of this second group is influenced by several factors, including the influence of local Ulama who offer egalitarianism in Islamic Law to solve marriage problems that arise in society. This study also concludes that there is a relationship between customs strengthened by scholars with the theory of contestation, where customs are normative forces that are maintained and influence the dynamics of power in the context of marriage. The presence of laws, thus, that combine cultural traditions and religious beliefs is needed to achieve gender equality in marriage
Efforts to Increase Family Resilience Among Street Vendors Post Covid-19: Qirā’ah Mubādalah Perspective Rohani, Rohani; Lastfitriani, Hellen; Anggraini, Nia; Bte Salman, Nola Fibriyani
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.18853

Abstract

Domestic Violence (KDRT) is still a serious problem faced by low-income families, especially in the post-Covid-19 pandemic era. Even though the pandemic has ended, the social and economic impact it has caused continues, especially among street vendors. This research aims to examine the role of family resilience in overcoming domestic violence among low-income families after the Covid-19 pandemic using qirā'ah mubādalah perspective. This research is qualitative research using a phenomenological study approach. Data was collected through in-depth interviews with low-income families who had experienced cases of domestic violence after the Covid-19 pandemic. The data that has been collected is analyzed to identify factors that influence the level of family resilience in dealing with domestic violence, as well as the possibility of implementing qirā’ah mubādalah as an alternative solution to prevent the emergence of Domestic Violence (KDRT).
Mapping the National Insight of the Salafi Group in Indonesia Based on their Fatwa on Social Media Ridha DS, Muhammad; Afridawati, Afridawati; Iskandar, Nuzul; Mursal, Mursal
al-'adalah Vol 21 No 2 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i2.19098

Abstract

This article provides an overview of the national insight of the Salafi group as reflected in the lectures of their figures on the YouTube platform about saluting the flag. The aim is to enrich insight into the Salafi group in Indonesia, which is often seen from only one perspective. This study uses qualitative data with a discourse analysis approach within the framework of the study of ushūl fiqh. Discourse analysis is used to examine the statements of the preachers semantically, social cognition, and social context, while ushūl fiqh analysis is used to see their legal reasoning. Data were collected using documentation techniques from videos of lectures by Salafi preachers on digital platforms that can be used as an important space to understand their national insight. This study reveals that all Salafi preachers in Indonesia are allowed to salute the flag because this theme does not fall within the realm of faith. However, they do not recommend it to be done. This attitude is different from non-Salafi preachers who advocate it because the red and white flag is part of the struggle of Islamic scholars and Muslims. Regarding legal reasoning in fiqh, these preachers try to enter the khilāfiyah fiqh (a matter of differing opinions) space and choose an opinion that allows saluting the flag. This tendency then received a positive response from the majority of netizens. This study concludes that the Salafi group in Indonesia has used an adaptation strategy approach by utilizing rhetorical skills to avoid anti-nationalism stigma.
The Practice of Ṣiḥah Marriage among the Rifa'iyah Congregation in Sociological and Islamic Marriage Law Perspectives Prasetyo, Anggi; Muhsin, Ilyya
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.19324

Abstract

This article examines the practice of repeating marriage contracts (ṣiḥah marriage) among the Rifa'iyah Congregation in Wonocoyo Village, Wonoboyo, Temanggung, Central Java. This repetition was carried out by Rifa'iyah Kiyais as representatives of female marriage guardians to perfect the marriage contract which had been carried out previously in the presence of officers from the Office of Religious Affairs (KUA). This research is classified as qualitative field research using a sociological approach. The aim is to examine this social phenomenon from the perspective of Social Construction theory and the perspective of Islamic Law. This research found that the practice of ṣiḥah marriage among the Rifa'iyah congregation of Wonocoyo Village was formed through several stages, namely: the externalization stage, the stage of conveying the practice of ṣiḥah by Rifa'iyah Kiyais, the objectification stage, the stage of forming objective reality, and the internalization stage, the stage of absorption of the objective world into the individual consciousness of the Rifa'iyah Congregation. In the view of Islamic Marriage Law, the practice of ṣiḥah by the Rifa'iyah congregation is similar to tajdīdun nikāḥ  (renewal of the marriage contract) which, according to Jumhur ulama', is permissible simply because of ihtiyāth (caution).
A Critical Analysis of Sayyid Husain al-Ṭabāṭabā’i’s Thoughts on Mut’ah Marriage in The Book of Tafsīr al-Mīzān Faizal, Liky; Qohar, Abd.; Wahid, Ali Abdul; Rofi'i, Hilmi Yusron
al-'adalah Vol 21 No 1 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i1.19381

Abstract

This article discusses Sayyid Husain al-Ṭabāṭabā’i's thoughts on mut'ah marriage (contract marriage) in his book Tafsīr al-Mīzān. The aim is to gain a broader understanding that can be used as material in preparing better legislative regulations. This research is descriptive library research, using secondary data sources in the form of primary and secondary legal materials. The results of the study show that according to al-Ṭabāṭabā'i, mut'ah marriage is a legal marriage, as explained in Tafsīr al-Mīzān, where the word istamta'tum refers to the term mut'ah marriage. However, the MUI fatwa states that the mut'ah contract is not a valid marriage and is contrary to the laws and regulations in Indonesia. The MUI considers mut'ah marriage to be something that does not follow Sharia principles. Therefore, to prohibit the practice of mut'ah marriage in Indonesia, it is recommended that there be changes to Article 2 of Law Number 1 of 1974 concerning Marriage to read: "A valid marriage is the marriage carried out following religion and is registered in accordance to statutory regulations."
Domestic Violence in The Perspective of Civil and Islamic Criminal Law Saepullah, Usep; Hopipah, Eva Nur
al-'adalah Vol 20 No 2 (2023): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i2.19438

Abstract

The cases of domestic violence in Indonesia tend to increase from time to time. Based on data released by the National Commission on Violence Against Women in 2020, the number of domestic violence complaints received was recorded at 4,371, an increase from 4,322 cases in the previous year. From the perspective of Islamic criminal law, domestic violence is classified as jarīmah takzīr (criminal acts where the legal provisions are left to the discretion of the authorities) whereas in positive law domestic violence is regulated in Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence. This research discusses domestic violence in Bandung and examines the methods for resolving cases at the Religious Courts and the Bandung Police. The aim is to find the characteristics and methods of resolving cases in the two institutions. This research is classified as field research using comparative methods. Data was obtained from the document available at the Bandung Religious Court and the Bandung City Police Station. This research finds that more domestic violence cases in Bandung City were resolved through criminal channels (police) rather than civil channels (Religious Courts). This research concludes that although both Islamic Law and Positive Law view domestic violence as a criminal act, there are differences in the methods of resolving them in the Religious Courts and Bandung Police. This is because the competence of each institution is different. The Religious Court only handles the civil side, while the Bandung Police handles the criminal side.