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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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Keberpihakan Hukum Islam Terhadap Perlindungan Anak Nurjanah, Siti
al-'adalah Vol 14 No 2 (2017): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v14i2.2905

Abstract

Child protection has become an important issue in the modern world. To guarantee the future generations, children must be protected from all forms of of interference, threats, violence and exploitation carried out by adults. Protection is not only charged to parents, but also to the community, nation and state. This article tries to examine the attitude of Islam towards the issue of child protection through a search of syara arguments. Especially in the Qur'an and in the Hadith. This study finds out that Islam has a broader perspective. In guaranteeing the needs of children. The guarantees start when they are still in the wombs (fetus) to adulthood. This can be understood from the provisions of the Shari'ah which prohibits abortion and provide relief for pregnant women not to fast during the month of Ramadan. In addition, Islam also gives rights to children, such as the right to life, the right to have aqiqah (religious redemption), the right to have a good name, the right to receive breastfeeding for two years, and so on.
Kebijakan Reformasi Maqâshid al-Syarîah dan Kontribusinya dalam Formulasi Alternatif Keringanan Pidana Penjara Kamalludin, Iqbal; Arief, Barda Nawawi
al-'adalah Vol 15 No 1 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i1.2931

Abstract

Criminal law is often built on the paradigm of giving suffering to perpetrators of crime. This paradigm is no longer in accordance with the concept of modern punishment which focuses on efforts to foster criminals so that they would no longer repeat their actions. The changes in the paradigm of punishment, to some extent, have been accommodated by Article 73 of the Criminal Code Bill which contains alternative provisions/criminal sanctions.in jail. With this provision, a prisoner with one year or under punishment is able to repay his sentence as long as there are certain emergency conditions leading to a precarious situation/worry to him if he has to undergo consecutive penalties. This study tries to examine the new provision, using a normative juridical approach from the perspective of Islamic law. This study concludes that the paradigmatic change in punishment as shown in article 73 of the Criminal Code Bill has conformity with the perspective of maqâshid al-syarî’ah which put forward the 5 (five) main objectives in the law, namely maintaining and nurturing religion (al-dîn), soul (al-nafs), descent (al-nasl), wealth (al-mâl), and mind (al-aql).
Alternative Dispute Resolution Model in the AJB Bumiputera Life Insurance Company of Purwokerto in Shari'ah Perspectives Triana, Nita
al-'adalah Vol 15 No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i2.3004

Abstract

Resolution of disputes by way of litigation always takes a long time, expensive and results in a win and lose solution. Therefore resolution outside the court( non-litigation) is an alternative choice. This study analyses the resolution of insurance disputes using several methods or models outside the Court. This research is non-doctrinal legal research, with a socio-legal approach. It analyses a settlement model used by of Life Insurance AJB Bumiputera Purwokerto in the event of default of the insured/customer premium and the customer’s insurance claim against the company. The settlement involves several stages, first, by means of consultation and negotiation, second by means of mediation involving OJK (Financial Services Authority) as a neutral mediator, and the last, by means of conciliation and arbitration. In the perspective of Islamic law, this solution model is similar to the concept of sulh, a type of disputes resolution in which the conflicting parties drive to settle their dispute peacefully.
The Role of Sharia Monetary Instrument in Liquidity Management and Performance Improvement of Islamic Banking Financial in Indonesia Muwazir, Mohd Rizal; Anwar, Deky; Ab Ghani, Ab Mumin
al-'adalah Vol 15 No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i2.3200

Abstract

This study analyzes the variables of liquidity and financial performance of Islamic banks that affect the number of transactions in Islamic monetary instruments. The aim is to find out which instruments is better in supporting liquidity management and financial performance of Islamic banks in Indonesia. This study uses the CAR and FDR variables as proxies of liquidity and ROA as a proxy for the financial performance of Islamic banks. While the proxy for sharia monetary instruments in Indonesia is the variable SBIS and SBPUS. This study uses monthly Islamic banking reports in Indonesia for the period January 2015 to September 2017. Data is processed and analyzed by Augmented Dickey-Fuller (ADF) Stationery Test as a way of testing stationary data and then testing hypotheses using Vector Autoregression (VAR). This study found that the the most contributing variable to the changes in transaction volume in Islamic monetary instruments was the variable liquidity, namely CAR and FDR. In Addition, SBIS sharia monetary instruments are better used by Islamic banking in Indonesia compared to SBPUS.
Urgensi Penerapan Lembaga Dwangsom (Uang Paksa) Pada Perkara Hadhânah di Pengadilan Agama dalam Perspektif Maqâshid al-Syarî’ah Huzaimah, Arne; Aziz, Syaiful
al-'adalah Vol 15 No 1 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i1.3383

Abstract

This article discusses the implemention of the forced money (dwangsom institution) in the hadhânah case in the Religious Courts from the perspective of maqâshid al-shariah. This study found that the application of dwangsom sentences for hadhânah cases is very important to be applied, especially to the defendant who objects to carrying out court decisions; or default to the agreement; or there will be difficulties at the time of execution; or the plaintiff suffers a loss. In addition, implementing dwangsom in the hadhânah case will pave the way for the benefit of children who are still in the process of growth even though their parents divorce. Therefore, even if not asked by the plaintiff, the judge himself can decide the dwangsom sentence to the defendant to ensure the fulfillment of the needs of the children.
Reconstruction of the National Legal System: Study the Implementation of the Maqâsid al-Shari‘ah Theory Faidi, Achmad
al-'adalah Vol 15 No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i2.3387

Abstract

This paper discusses the implementation of the theory of maqâsid al-shari‘ah in the formation of a national legal system in Indonesia. Colonialism in the past has made national law covered with the nuance of European Continental legal system which is not compatible with the character of the national culture. The awareness to reconstruct the national legal system has echoed since the 1998 reform, but until now it has not found the right construction formula. This article offers the theory of maqâsid al-shari‘ah as one of the tools in an effort to reconstruct the national legal system. Based on author analysis, the concept of maqâsid al-shari‘ah is suitable to be applied because it adopts the noble values contained in the national ideology of Pancasila as well as the legal principles that exist in Islam as a religion of the majority of the population of this country
The Contributions of Nawawi al-Bantani In the Development of National Law of Indonesia Sanusi, Ahmad
al-'adalah Vol 15 No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i2.3388

Abstract

This study examines the thoughts of Sheikh Nawawi al-Bantani, a great Banten scholar who lived in 1813-1897 AD. The aim is to find out about his thoughts on several legal issues, especially those related to family law. This study is fully literary using the content analysis method as an analytical tool. This study concluded that Sheikh Nawawi al-Bantani tended to follow the Shafi’i school. This can be seen from his thoughts when discussing family law issues, ranging from marriage contracts, marriage conditions, guardians and witnesses, to divorce problems and its legal consequences. When discussing the position and role of a husband in a household, al-Bantani stressed that a husband is a leader in his household. He is obliged to fulfill all the needs of his wife and children, especially those related to food, clothing, residence, education and other needs. Al-Bantani’s thoughts were subsequently adopted into positive law in Indonesia, especially in Law No. 1/1974 concerning marriage and Compilation of Islamic Law (KHI), which become his biggest contribution in the development of National Law.
Implementing Islamic Constitutionalism: How Islamic Is Indonesia Constitution? Armia, Muhammad Siddiq
al-'adalah Vol 15 No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i2.3389

Abstract

Religious constitutionalism has recently become a global discussion. Such a trend arises as a result of several countries that have a majority of religious adherents declare their constitution based on certain religions. Thailand, for example, provides special norms about Buddhism (Buddhist constitutionalism), the Vatican has special norms about Catholicism (Catholic constitutionalism), India has special norms about Hinduism (Hindu constitutionalism), Saudi Arabia has norms specifically about Islam (Islamic constitutionalism), and so on. This article analyzes whether or not the Islamic principles have been adopted in the Indonesian Constitution. These principles consist of protecting religion, soul, mind, offsprings, and property. The author uses the five principles as a standard in measuring the entire Indonesian Constitution which constitutes to the teachings of Islam (Islamic constitutionalism). The implementation of Islamic constitutionalism can be identified through articles in the constitution. This study concluded that, in general, the Indonesian constitution could be considered to have agreed to Islamic constitutionalism, although in some cases it still needs to be actualized more.
REKONSTRUKSI KONSEP NUSYÛZ DALAM PEMIKIRAN FIKIH FEMINIS KEADILAN Alamsyah, Alamsyah
al-'adalah Vol 15 No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i2.3481

Abstract

The classical fiqh clerics, when defining the word “al-rijâlu qawwâm...” in surah al-Nisa’ verses 34-35, interpreted it as “a husband who becomes a family leader”. From this interpretation, a wife is obliged to obey her husband and the nusyûz act applies only for the wives. In contrast, according to feminist fiqh views, such as Muhammad Syahrûr and Musdah Mulia, Nusyûz is an act of defiance of God’s commands. Therefore hurting the heart of a wife or husband, both through speech and deed, is nusyûz (disobedient). This article compares the views of classical scholars with modern thinkers about the problem of nusyûz in the family. This study concludes that modern thinking is more in line with the principles of equality and justice taught in the Qur’an. Thus, nusyûz can not only happen to the wife but also can be applied to the husband.
Islam and the Provisions of War Iwansyah, Henry
al-'adalah Vol 15 No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v15i2.3549

Abstract

This article compares the provisions of war in Islam with the provisions contained in International Humanitarian Law (The four Geneva Conventions of 1949 and their Additional Protocols). The aim is not to judge Islamic according to or vice versa, but rather, to discover similarities and differences between the two regulations in governing the conduct of war. The study uses a comparative approach, exploring the Islamic values of ethics and rules of conduct of war and then comparing them with similar provisions of international humanitarian law. This article also analyzes the possibility of synthesizing the two legal system. Having reviewed the topic thoroughly, this study concludes that, in principle, there is no difference between Islamic law and international humanitarian law in regulating procedures and ethics of warfare. Both of the legal system are equallyconcern to regulate the behaviour of warriors by limiting the use of force and minimizing the impact of the battles to civilians

Page 30 of 32 | Total Record : 312

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