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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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Prisoners' Obligations to Provide Support for Their Family According to Islamic Law and Positive Law Jamarudin, Ade; Ch Pudin, Ofa; Said, Muh.; Hidayatullah, Ahmad Firman; Syafi’ah, Syafi’ah
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.v20i2.19482

Abstract

A husband, in his position as head of the household, is obliged to provide the best possible living for his wife and children and provide for them according to his ability. On the other hand, a wife, in her position as a housewife, is obliged to manage the internal affairs of the household, starting from raising and caring for children, and providing food, to maintaining family assets. The wife is not responsible for the family economy, but she can play a role in earning a living for the family with her husband's permission. This research aims to examine the provisions of Islamic law and positive law towards prisoners who cannot carry out their duties to provide support for their families. This type of research includes normative juridical research using data collection techniques in the form of literature studies. The research found that prisoners generally cannot provide a living for their families. Therefore, they are forced to entrust their wife and children to their families or to transfer previous business to the wives, allow their wives to earn a living, and even allow them to divorce and remarry. To overcome this problem, it is hoped that the Government can develop the function of Penitentiary Institutions by creating independent employment opportunities for prisoners so that they can earn income to help ease the burden on their families.
Factors Influencing The Increase in Khulu's Divorce: A Case at The Jember Religious Court (2021-2023) Badri, Muhamad Arifin; Burhanuddin, Anas; Jauhar, Ghufran
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.v21i1.21074

Abstract

Divorce cases in Jember Regency over the past three years have reached a fantastic number and are among the highest in East Java. This study aims to find the causes of the high number of divorce lawsuits (khulu') in the Jember Religious Court, its implications and alternative solutions to reduce this phenomenon. This study is classified as qualitative research with a case study approach. Data were obtained through interviews with several religious court officials, court documentation, leading journals and information from other reliable sources. The results of the study indicate that economic problems and constant quarrels are the main factors among a number of factors that encourage the emergence of divorce lawsuits. The implication of this case is the neglect of hadlānah issues and the fulfillment of ex-wives’ rights by ex-husbands. In examining khulu' cases, judges tend to choose the al-tafrīq al-Qadlā scheme which allows them to protect the rights of ex-wives while requiring ex-husbans to meet the needs of children (hadlānah) and the 'iddahmaintenance of his ex-wife. Furthermore, to reduce the increase in divorce cases, there are three solutions can be taken. First, cooperate with zakat institutions to help overcome family economic problems, especially families who are in court. Second, increasing the role of the Job Training Center to equip husbands and wives with soft skills and hard skills so that they can earn a living. Third, maximizing family guidance at the Religious Affairs Office (KUA) for prospective brides and grooms, including those who are already married, to realize family resilience in facing various household problems
Developing Sustainable Muslim-Friendly Tourism Village Model Through Digital Tourism: Perspective of Shari’ah Economy Noviarita, Heni; Kurniawan, Muhammad; Normasyhuri, Khavid
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.v21i1.21220

Abstract

Using digital technology and social media is important in advancing sustainable tourism and expanding its appeal internationally. In this regard, the digitalization program for tourist villages needs to be encouraged because it has significant prospects in increasing the number of visitors while supporting the sustainability of tourism. This study aims to discuss the development of a sustainable tourist village model through a digital tourism approach carried out in the Provinces of West Java, the Special Region of Yogyakarta, and Lampung from an Islamic economic perspective. Data were obtained through observation and questionnaire methods from primary and secondary sources. The collected data were then processed and analyzed using triangulation and SWOT techniques. The study results show that the three provinces above have good internet access, making it possible to promote tourism potential through digital platforms. In terms of opportunities, adopting the digital tourism concept can open up great potential in increasing tourist engagement and market expansion. On the other hand, the lack of information and limited Human Resources must be addressed because they can hinder marketing potential and operational effectiveness. In addition, tight competition with other tourist areas must be anticipated because it can reduce investment interest and tourist visits. The sustainable tourism village model development through an environmentally friendly tourism approach has a strong foundation from a shari’ah perspective because it is supported by the Qur’an, Hadith, and the fatwa of the DSN MUI.
Compromising and Repositioning the Meaning of Corruptors as Thieves in Applying the Provisions of Shara’ into the Modern Era Context Helmina, Helmina; Harun, Hermanto; Witro, Doli; Ardi, Muh Zaitun; Busni, Darti
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.v21i1.21251

Abstract

The debates on the application of Islamic criminal law in various Muslim-majority countries are still ongoing. This is because these countries still adhere to a positive legal system. This phenomenon has spread to many things including implementing the punishment of cutting off the hands of corruptors as is the punishment for thieves in the provisions of Islamic criminal law. One of the obstacles, in this case, is due to differences of opinion on the use of the term "thief" to be applied to "corruptor". This article aims to analyze the punishment provisions for thieves as regulated in Surah al-Maidah verse 38 to be applied to perpetrators of corruption. This article is the result of qualitative research with a linguistic approach. The primary data source in this study is the Qur'an, whereas, the secondary data sources are articles, books, and other relevant documents. Data were collected through a literature study method which was then processed, analyzed, and concluded. This study found that the crime of corruption, seen from a linguistic perspective, has the same meaning as thievery; the perpetrator, therefore, can be sentenced to the same punishment (cutting off the hand). The punishment here is the most severe type that can be imposed on perpetrators of corruption, considering that the impact it causes is heavier and wider than the impact that arises in the crime of thievery. Certainly, this punishment is applied if it has met all the elements and legal requirements and is applied in a very strict manner.
Legal Transformation of Indonesian Sharia Banks Towards Digital Banking in the Era of Industrial Revolution 4.0 Barkah, Qodariah; SA, Romli; Is, Muhamad Sadi; Andriyani, Andriyani; Bt Ismail, A’dawiyah
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.v21i2.21254

Abstract

Although Islamic banking has been operating in Indonesia since 1992, the institution has not been able to compete with conventional banking. The Government, therefore, intervened by merging several Islamic banks into a single entity, namely Bank Syariah Indonesia (BSI). This merger policy needs to be strengthened further by revising the Islamic Banking Law while encouraging the institution to prepare various steps to respond to the digital banking era. This study examines what kind of legal transformation patterns the Government needs to carry out in preparing Islamic banking institutions to face digital banking in the era of the Industrial Revolution 4.0. This study is juridical-normative research with a philosophical and sociological legal approach. The study results indicate that legal transformation in Indonesian Islamic banking is important to be carried out immediately so that this institution can improve the quality of service to customers along with the shift in banking industry management from a manual system to a full-digital system. For this reason, the Law of the Republic of Indonesia Number 21 of 2008 concerning Islamic Banking needs to be revised again by adding a special chapter that regulates the use of technology in the development of products, services, and operations. In addition, it is also important for the Government to create the Indonesian Sharia Bank Dispute Resolution Institution (LPSBSI), which will function as a unique institution to resolve disputes that occur in Sharia banking.
Reinterpretation of Justice in Islamic Inheritance Rights Based on Gender Sholihah, Hani; Nani Widiawati2, Nani; bin Hj. Awang Damit, Mohd Khairul Nazif
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.v21i1.21256

Abstract

The concept of gender justice is often understood from contradictory perspectives. In religion, this issue is notably found in the division of inheritance rights. The interpretation of gender justice in inheritance is polarized between textual and contextual patterns, with approaches that are difficult to reconcile. This paper aims to construct a new meaning of gender justice in inheritance. This theme is examined through qualitative research, literature review design, and analysis based on theories of justice and equality. The research results conclude that the reinterpretation of gender justice in inheritance distribution is implicitly contained. Although there is gender inequality in inheritance distribution, this inequality demonstrates justice. The implications of this research are expected to provide an understanding that equality is not synonymous with justice, so when the distribution of inheritance between men and women is unequal, it does not necessarily mean it is unfair.
Maslahat (Benefits) in Fiqh Awlāwiyāt: A Comparison between Yūsuf al-Qarādhawī’s View and Abdus Salam Alī al-Karbulī’s Ifandy, Teguh; Hasanah, Idaul
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.v21i1.21316

Abstract

This article examines and compares the concept of maslahat in the Fiqh Awlāwiyāt         (fiqh of priority) in the view of Yūsuf al-Qarādhawī and Abdus Salam Alī al-Karbulī. The aim is to find similarities and differences between the two views. Fiqh Awlāwiyāt, which places maslahat as an important reference in determining the scale of priority, can be used to solve contemporary problems. Unfortunately, there are not many studies that discuss this in depth. This article is part of the results of normative legal research with a comparative approach. Data were collected through literature studies and analyzed using descriptive-comparative analysis techniques. This article finds similarities between Yūsuf al-Qarādhawī's thought and Abdus Salam Alī al-Karbulī's in determining the types and levels of maslahat needed in the scale of priority. In constructing Fiqh Awlāwiyāt, the two figures above are based on Fiqh Muwāzanāt. The difference in their thoughts lies in determining the scale of priority. Al-Qaradhawi uses the rules of fiqh, while al-Karbulī uses the al-Ta’ārudh method. However, the substance of their thoughts is similar and interrelated. Thus, it can be elaborated in the context of developing Fiqh Awlāwiyāt.
A Review of Maqāshid Sharīa on Handling the COVID-19 Pandemic in Lampung and West Java Province faisal, faisal; Mu'in, Fathul; Edi, Relit Nur; Santoso, Rudi
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.v21i1.21796

Abstract

This research aims to determine and analyze the handling of the COVID-19 pandemic in Lampung Province and West Java from the perspective of maqāshid sharīa. Given that the pandemic has a wide impact on society, its handling must be comprehensive. This research method uses a qualitative method with an ethnographic approach. The data was obtained from the Lampung and West Java Provincial Governments, namely from the Regional Secretary and members of the DPRD. The data analysis uses interactive analysis and concept analysis. This study found that to handle the COVID-19 pandemic, the Lampung and West Java Provincial Governments have made several policies, including regional and gubernatorial regulations. The policy is intended to limit the worship and economic activities of the community. From the perspective of maqāshid sharia, restrictions on worship and economic activities are part of protecting the human soul (hifdz al-nafs) as the highest protection or value before wealth (hifdz al-māl) and even religion (hifdz al-dīn). With this handling, the rate of the virus spread can be prevented so that more human lives can be saved
Inheritance Property Distribution Models Among the Muslim Community of Borneo-Nusantara Hasan, Muhammad; Ma'u, Dahlia Haliah; Sahid, Muallimin Mochammad
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.v21i1.22310

Abstract

This article is aimed at describing the model of transfer of property to heirs in the inheritance of the Muslim community of Borneo-Nusantara. On the one hand, the Muslim community of Borneo is obedient and subject to the doctrine of Islam, but on the other hand, they also cannot avoid the local culture that lives in the Borneo community. This research is classified as descriptive-qualitative research using a legal sociology approach. Data collection was carried out through electronic and manual searches from sources in the form of books, manuscript articles, or other information materials related to the problem being studied. Data analysis was carried out using content analysis techniques. This study found that there were at least 6 models of transfer of property to heirs practiced by the Muslim Community of Borneo-Nusantara, namely: 1) farāidh-ishlāh, 2) ishlāh (deliberation), 3) hibah-wasiat, 4) hibah, 5) wasiat, and 6) munāsakhahwhich are carried out by each ethnic group in every place in Borneo-Nusantara according to the needs and socio-cultural of the surrounding community. This study concludes that the inheritance system among the Muslim community of Borneo Nusantara is implemented dynamically following the socio-cultural development of the local community. This phenomenon is a unique characteristic of the transfer of property in the inheritance system of the Muslim community of Borneo-Nusantara that contributes practically to solving inheritance problems.
Criminalization of Unregistered Marriage in Indonesia: A Legal System Analysis Based on Friedman's Theory Rosyadi, Imron; Fuad, Helmy Ziaul; Zaimuddin, Ashlaha Baladina
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.22779

Abstract

This article examines the criminal provisions stipulated in Chapter IX, Article 45 of Government Regulation No. 9 of 1975, concerning the Implementation of Law No. 1 of 1974 on Marriage, using the three elements of Lawrence M. Friedman's legal system: Legal Substance, Legal Structure, and Legal Culture. The research method combines a literature review with descriptive normative legal research. This study identifies the high rate of unregistered marriages in Indonesia, which contrasts with the decline in official marriages, reflecting the ineffectiveness of Article 45 of Government Regulation No. 9 of 1975 in enforcing criminal sanctions. Analysis of the Lawrence Legal System reveals that the substance of the law is flawed because criminalization is regulated through derivative regulations, contrary to the principle of nullum crimen sine lege. Institutionally, the Office of Religious Affairs (KUA) and the Civil Registry Office need to strengthen their functions, supported by consistent law enforcement by professional officials. Meanwhile, the low public awareness of marriage registration requires inclusive policies that integrate cultural approaches and context-based education. These findings contribute theoretically to the development of understanding regarding the effectiveness of criminal law enforcement in the context of marriage law while also suggesting the need for more decisive and comprehensive policy reforms to improve the implementation of the law and public legal awareness in practice

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