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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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Career Pause in Long-Term Earning Implications in Iraq and Its Relevance to the Principles of Islamic Economic Law Nurkanbek PATIEV; Thabit Abdull Majeed Turki HUMADI; Maan ALI; Fadhil Jawad DAHASH; Mustafa Jabbar AHMED; Wafaa Adnan Sajid; Saad Qasim Abbas; Ali Akram Kadhim; Noor Ali SULIMAN
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.v221.28212

Abstract

This study examines the long-term impact of prolonged career breaks on workers’ earnings in Iraq and its relationship to the principles of Islamic economic law. This study is conducted in the context of a growing trend worldwide where individuals take unpaid leave for personal reasons (e.g., health, family, education). The study evaluates the economic impact of a six-month career break through a mixed-methods approach, using fixed-effects regression models, in addition to qualitative interviews. Using a hypothetical framework that combines classical accounting theories, market orientation, and Islamic economic law principles, the study provides a multidimensional analysis of labor dynamics in Iraq. The results indicate that breaks accompanied by significant salary reductions are inconsistent with the principles of Islamic economic law that emphasize the balance between individual welfare (maslahah), social justice (‘adl), and labor equity. These findings highlight the need for socio-economic policies with an Islamic character to protect income stability, facilitate employee reintegration, and prevent gender bias in employee career advancement.
Auditor Responsibility and Liability in Social Welfare Systems in the View of Islamic Jurisprudence Ainura MAMATOVA; Sardar Gul Amen Al JABBARI; Ghazi Abdulazeez Sulaiman BAG; Sami Hameed ABBAS; Abdullah Saeed ABDULLAH; Abdulrazzaq Tuama Hawas; Hadeel Saadoon Maarij; Ahmed Taher Kadhim; Rami Mohammed ABDULLAH
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.v221.28213

Abstract

This phenomenological study aims to explore the dual responsibilities of auditors within the social welfare system while also examining the complex interplay between compliance with social welfare regulations and exposure to liability under Islamic jurisprudence. The study is contextualized within the context of social security fund legislation, where auditors are increasingly expected to maintain ethical behaviour that is compliant with Sharia law amidst an ambiguous regulatory framework. Using the Heckman selection model, the study examines the relationship between public entity ownership in social security funds and the risks arising from related compliance issues. The findings indicate a strong inverse correlation between auditors' choices of receiving remuneration and receiving disciplinary action. The robustness of the model convincingly demonstrates the pressing need for sound risk procedures and internal controls that align with Islamic finance values, which emphasize trust (amānah), responsibility (mas'ūliyyah), and accountability (hisbah). This article fills a gap in the literature on Islamic auditing, which emphasizes that auditors should act not only as enforcers of the law but also as moral agents protecting public welfare assets.
A Bibliometric Study of Sharia Compliance in Islamic Banking Syihabudin, Syihabudin; Wanto, Deri; Zakaria Syafe’i; Adawiah, Amalia Muazzah; Hadji Latif, Sahraman D.
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.v221.26525

Abstract

This study examines the scholarly discourse on Islamic law and its application in Islamic banking using bibliometric analysis and a Systematic Literature Review (SLR). The aim is to obtain an overview of the productivity of academics in the field of Islamic economics and its influence on the development of Islamic banking. This type of research is library research whose primary materials are literature and certain journals, especially the Journal of Islamic Accounting and Business Research. This study reveals a continuous increase in academic interest since 1989, in line with a significant increase in publications since 2007, and peaked in 2020, before finally tending to decline. This study found fluctuating author productivity, with considerable consistency from academics such as Alam MK and Hassan MK. Several key terms, such as maqāshid al-sharīa, murābahah, and ijārah, used in their writings reflect their relevance to Islamic banking practices. Several contemporary studies even offer critical perspectives on the implementation of Islamic law in the banking world and emphasize innovation in Sharia-compliant financial products. This study confirms that Islamic law plays a crucial role in defining the identity and ensuring the legitimacy of Islamic banking institutions.
A Dialog Between Islamic Law and Adat (Customary Law) in the Social Context of West Kalimantan, Indonesia Munawar, Munawar; Yusriadi, Yusriadi; Juniawati; Asfar, Dedy Ari; Tuah, Dilah
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.v221.24008

Abstract

This study examines the relationship between Islamic law (Sharia) and Customary law (Adat law) in the social context of West Kalimantan, Indonesia. The study's primary objective is to examine how these two legal systems coexist and interact within the region. The study employs a qualitative methodology, with data collection conducted through interviews with key informants, including religious leaders, Customary authorities, community members, and local government officials. The study also examines selected documents to ascertain the content of Customary law that is explicitly or implicitly related to Islamic law. The study finds that West Kalimantan Customary law has adopted Islamic law into its legal structure, as evidenced by the emergence of specific vocabulary or terms known in Islamic law that have similar meanings. Furthermore, there are differences in the situation between the Malay heartland, where Islam is strict, and the non-Malay heartland (Dayak Zone), where Islam is loose. These findings demonstrate local Customary law's active role, resilience, and adaptability in socio-economic change and broader legal reform. This study significantly contributes to law and sociology and offers a deeper understanding of the dialogue between Customary law and religion.
Assessing the Nâzir Waqf’s Professionalism of Pondok Modern Darussalam Gontor (PMDG) from an Islamic Perspective Zahro', Khurun'in; Zarkasyi, Hamid Fahmy; Roini, Winda; Cahyo, Eko Nur; Wibisono, Vina Fithriana
al-'adalah Vol 22 No 2 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v222.25964

Abstract

This study examines the professionalism of nâzir waqf (endownment administrators) at Pondok Modern Darussalam Gontor (PMDG) in Islamic Boarding School located in Gontor, Ponorogo, West Java, in managing waqf assets. The goal is to obtain an overview of how Islamic principles are applied as a standard of professionalism in waqf governance to improve the community’s economic welfare. This study uses a qualitative approach with a case study method. Data were collected through direct observation, semi-structured interviews, and documentation, applying the triangulation method to ensure data validity. Data analysis follows the interactive model of Miles and Huberman, which includes data reduction, data presentation, and drawing or verifying conclusions. The results of the study show that although the modern professionalism framework often adopts Western professionalism indicators, in fact, long before the emergence of Western theories, Islam already had the same concept rooted in ‘amal (action), itqân (diligence), and ihsân (goodness). These concepts differ both epistemologically and axiologically. A professional nâzir at PMDG is expected to embody the qualities of shiddîq (honesty), amânah (trustworthiness), tablîgh (effective communication), and fatânah (intelligence). He is also expected to act as a manager, administrator, evaluator, leader, supervisor, innovator, and motivator. This study offers a theory-and practice-based model of waqf management professionalism for developing Islamic philanthropic institutions that align governance practices with sharia principles and modern management standards.
Content and Face Validity of Religious Conditionality in Conditional Cash Transfers for Zakat Distribution Mohamed Esa, Mohd Suffian; Salmy Edawati Yaacob; Hairunnizam Wahid; Amir Fazlim Jusoh
al-'adalah Vol 22 No 2 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v222.26287

Abstract

Despite the increasing distribution of zakat in Malaysia, its effectiveness in alleviating poverty remains limited, partly due to unproductive behaviors among recipients. Simultaneously, current Conditional Cash Transfer (CCT) programs lack long- term sustainability. Integrating religious conditionality into zakat-based CCT models may address these limitations. This study aims to evaluate the content and face validity of religious conditionality items developed from a comprehensive literature review. A total of 12 items were assessed by 10 experts using established validation methods. Content validity was evaluated using the Content Validity Index (CVI), Kappa statistics, and Content Validity Ratio (CVR), while face validity was measured through expert agreement on item relevance and clarity. The findings indicate that the RC-ZCCT scale has strong content and face validity. I-CVI scores ranged from 0.90 to 1.00, with S-CVI scores of 0.975 (relevance) and 0.950 (clarity). Kappa statistics also ranged from 0.90 to 1.00, and CVR values from 0.80 to 1.00, all exceeding accepted thresholds. Face validity results showed expert agreement ranging from 90% to 100%, with an overall agreement of 96%, confirming the appropriateness of the items. Minor revisions were made based on expert feedback, but all items were retained. The validated RC-ZCCT scale presents a reliable instrument for developing zakat-based interventions that incorporate religious conditionality, offering potential to improve poverty alleviation and human capital development. Future research should explore the impact of religious conditionality on CCT outcomes to further enhance the effectiveness of such programs
Avoiding Covert Polygamy at the Office of Religious Affairs: Authority and Family Law Reform in the Prohibition of Marriage During a Wife's ‘Iddah Period Dri Santoso; Zezen Zainul Ali; Siti Wahyuni
al-'adalah Vol 22 No 2 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v222.27771

Abstract

This study examines regulations prohibiting remarriage during the wife's waiting period (‘iddah) by examining the state's authority in regulating marriage and how legal development is carried out. The term waiting period (‘iddah) is commonly associated with women, but contemporary developments have introduced regulations stipulating that men also have a waiting period, specifically a prohibition on husbands marrying during their wives' ‘iddah, as outlined in the Circular Letter of the Directorate General of Islamic Community Guidance. This empirical research was conducted at the Office of Religious Affairs (KUA) in Metro City, Indonesia, using a socio-legal approach. Data were obtained through interviews with five KUA heads and relevant literature, then analyzed using Khaled Abou Fadl's theory of authority and Mochtar Kusumaatmaja's theory of development law. Research findings show that regulations prohibiting husbands from remarrying during their wives' waiting period are a renewal of Islamic family law in Indonesia, based on the principles of justice, equality, and legal benefit, particularly in avoiding covert polygamy. Second, this regulation is a manifestation of the state's coercive authority, which relies on its structural position in regulating and directing marriage law, including interpreting and translating Islamic normative values into regulations. This policy is a form of legal development as a control tool to protect a just society. The contribution of this research lies in its integrative approach to combining classical fiqh norms with the study of state policy authority in contemporary Islamic family law reforms. 
Maqasid  al-Shariʿah and Digital Forensics: Towards a Fiqh-Based Evidentiary Model in Syariah Criminal Justice Tuan Muhammad Faris Hamzi Tuan Ibrahim; Nasrul Hisyam Nor Muhamad; Ahmad Syukran Baharuddin
al-'adalah Vol 22 No 2 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v222.27886

Abstract

The development of the form and modus operandi of Shariah crimes in Malaysia has exposed the weaknesses of the traditional Shariah evidentiary framework. The absence of physical evidence in crimes committed in the digital environment makes reliance on digital evidence a necessity. Accordingly, the objective of this study is to examine the need and legal validity of integrating digital forensic evidence in Shariah criminal proceedings, with a particular focus on taʿzīr offences, based on the role of Maqāṣid al-Sharīʿah. This qualitative study adopted document  analysis  as  a  research  method . The data are evaluated using inductive and deductive approaches through the application of qualitative content analysis. The data were also analysed using a maqāsid-based framework to evaluate the compatibility of digital forensics with Syariah evidentiary principles. The findings reveal that when digital evidence meets established standards of reliability, authenticity and procedural integrity, it can serve as a credible and admissible means of proof in Syariah criminal proceedings. The integration of evidence based on the Maqāṣid al-Sharīʿah framework complements Islamic evidentiary methods and demonstrates the ability of fiqh to adapt to the reality of technology-based crime. This study concludes that the coordination of digital forensics with the maqāsid of Islamic law is an essential requirement for developing a fiqh-based evidentiary model that ensures that the Syariah Court remains doctrinally grounded and procedurally prepared in handling contemporary criminal cases
Dynamics of Implementing the New MABIMS Criteria on the Hijri Calendar (Takwīm Hijri) By the Indonesian and Malaysian Governments Mulyadi, Achmad; Mamah, Siti Musawwamah; Hosen, Hosen; Saiful, Mohd. Saiful Anwar
al-'adalah Vol 22 No 2 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v222.28543

Abstract

The Islamic calendar unification effort has long been undertaken by MABIMS (Ministries of Religious Affairs of Brunei Darussalam, Indonesia, Malaysia, and Singapore) through new criteria approved in 2019: a minimum crescent height of 3° and a minimum elongation of 6.4°. Since 2021, Indonesia and Malaysia have both adopted these criteria in their respective Islamic calendars, although the implementation stages differ between the two countries. This is due to challenges, particularly related to weather conditions, crescent observation technology, and human resource capacity. This paper aims to explore regulatory policies related to the implementation of the new MABIMS criteria, including analyzing the dynamics of their implementation. Data were collected and analyzed qualitatively using a deductive-inductive thinking model and a phenomenological approach. This study found that Indonesia and Malaysia have shown a strong commitment to implementing the MABIMS criteria in their respective Hijri calendars. Still, the Indonesian Government establishes a policy for the beginning of the Hijri month with a moderation paradigm because it must involve mass organizations and local wisdom values. In contrast, the Malaysian Government establishes a policy centrally, uniformly and institutionally through the JAKIM authority. In addition, the Indonesian Government integrates the hisāb and rukyat methods in a decentralized manner so that sometimes there are differences in determining the beginning of the month of Ramadan, Shawwal and Dzulhijjah in the Community. While the Malaysian Government applies it centrally, uniformly and applies to all states. In addition, Indonesian Muslim citizens accept the Government's determination, although with differences in determining the date, while Malaysian Muslims accept the Government's determination simultaneously and uniformly across all states
Capital Market Regulation Through Accounting Standards: A Critical Examination in Light of Fiqh Mu’āmalah (Islamic Economic Jurisprudence) Kurmanbekova Aziza; Rana Ahmed Majeed; Asaad Hamdi Muhammad; Fawzi Hussain Mohammed; Rozhgar Khorsheed Mahmud; Eman Abdel Moneim Mal Allah; Hadeel Saadoon Maarij; Ahmed Kalel Hasan Alzarkany; Nazim Younus Saleh
al-'adalah Vol 22 No 2 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v222.30004

Abstract

This article critically explores the impact of accounting standards on capital market regulation and highlights the extent to which they align with the principles of Islamic economic jurisprudence. Accounting standards are key instruments for promoting transparency, comparability, and accountability in financial reporting, which are central to traditional banking and Islamic finance. Using a mixed-methods approach encompassing empirical analysis, case studies, and a comparative framework, this study examines the effectiveness and limitations of accounting standards and practices in promoting fair and stable capital markets. The results indicate that international accounting standards have significantly enhanced investor confidence, liquidity, and market efficiency; however, several obstacles remain. This also applies to underlying factors, such as high implementation costs, inadequate enforcement of rights, and limited application, which often ignore the socio-ethical dimensions of Sharia (such as justice (ʿadl), public interest (maslahah), and uncertainty (gharar)). Furthermore, due to the subjectivity involved in financial reporting, a fair presentation of transactions may not always be apparent. This contradicts the Islamic requirements of full disclosure and fair dealing

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