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Al-Risalah : Jurnal Imu Syariah dan Hukum

al_risalah
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Published by Universitas Islam Negeri Alauddin Makassar

ISSN : 22528334 EISSN : 25500309 DOI : -

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice

The journal Al-Risalah contains works whose material focuses on the results of research and thoughts related to the development of scientific disciplines, both sharia and legal disciplines in general. Also works covering thoughts that integrate religious disciplines (sharia) and legal disciplines in general. The scope of this journal includes: Jurisprudence Ushul al-Fiqh Tafseer and Ulumul Quran Hadith and Ulumul Hadith Islamic Politics and Thought International Relations in Islam Civil law Criminal law International law

Arjuna Subject : Ilmu Sosial - Hukum

Articles 10 Documents

Search results for , issue "VOLUME 19 NO 2, NOVEMBER (2019)" : 10 Documents clear

STUDI KRITIS PERNIKAHAN BAWAH UMUR PERSPEKTIF UUP NO. 16 TAHUN 2019 DAN GENDER ANALISIS Sippah Chotban
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

The age of marriage between women and men in the legal structure in Indonesia is an important element and becomes a tough polemic and discourse among academics, practitioners and political elites. This is indicated by, among other things, the following discourse and regulations that specifically regulate marital age, namely Marriage Law Number 1 of 1974 Article 7 (1) which confirms that the marriage age limit is 16 for women and 19 for men. The marriage age limit provisions are further reaffirmed in Article 15 (1) of the Compilation of Islamic Law (KHI) No. 1 of 1991. In its development, the marriage age limit has not fulfilled a sense of justice, until legal measures are taken to review it, so UUP No. 16 of 2019 Article 7 paragraph 1 which states that the age limit for marriage of women and men is 19 years. Equal age restrictions have a purpose - among other things - to create early equality between women and men in marriage, while at the same time being able to suppress and minimize underage marriages so that marital human rights can be realized, as well as destructive things -negative does not happen. The problem then is whether the presence or presence of UUP No. 16 of 2019 will reduce and minimize the number of underage marriages? And will this create an atmosphere of domestic life that is far from manifestations of gender inequality?

MEDIA SOSIAL DAN DAMPAKNYA TERHADAP PERCERAIAN Sohrah Sohrah
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

Lately, the use of social media is increasingly prevalent after experiencing the development of its characteristics and uniqueness. The convenience offered by social media for its users also influences one's lifestyle. The results of this study conclude that the presence of social media contributes to the rift of households for some married couples which is marked by an increase in divorce rates triggered by disputes and quarrels for married couples. The results showed that there were several cases as proof of the role of social media as one of the causes of divorce due to the husband or wife so easily covert infidelity because of the use of social media. It is undeniable that the presence of social media as a communication tool has a very important positive side in this modern era to facilitate various interests and needs of human life, but on the other hand there are also negative sides that can affect the morale of its users. One impact that has been rife lately is the high number of divorce cases as reported by the Makassar Religious Court office from 2015-2018. In 2015 there were 493 cases, while in 2018 there were 628 cases. These cases were caused due to ongoing disputes.

FENOMENA PEMAHAMAN DAN PENERAPAN HAKIKAT MAKNA KATA KEJAHATAN DAN PELANGGARAN DALAM PERKEMBANGAN HUKUM Hamsir Hamsir
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

The word crime and violation in the legal phenomenon of society experiences distortion when reviewing sanctions from the act. The word crime means that sanctions are classified as severe, whereas violations are assumed to contain mild sanctions. In further legal developments, legal acts / legal events or offenses are identified with just one word, namely "criminal acts", both those charged with acts that are philosophically crimes or those philosophically charged with violations. By knowing the fundamental differences between the separation of crime and violation with a philosophical approach, the community will have a strong basis for applying the law (academic "theoretical" and "practical" and or for the compiler, "legislative law"). Acts, events, offenses or "Straafbaarfeit" crimes in straafrecht, sub-system of criminal offenses, and sub-criminal offenses. Therefore, uniting these two things into "criminal acts" only, contrary to the underlying thought and moral foundations. There are two factors that influence people's understanding of the nature of the meaning of the word crime and violation, namely: 1) Internal factors, the inability to interpret the meaning of the essence contained in these two things; 2). External factors, namely the existence of intentions to overturn the term for the sake of pragmatic interests and the inadvertence due to sources of information, news, literature, legislation that do not often mention and use these two terms in various legal events that occur in society.

POLIGAMI DALAM SOROTAN (Kajian Kitab-kitab Tafsir Modern/Kontemporer) Halimah B
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

This study aims to analyze the views of modern/contemporary commentators on polygamy verses. This research is a descriptive qualitative research library (mawdu'i method) with the interpretation approach. The results of this study show that pro-contradictory polygamy is between those who oppose vigorously and those who allow it with strict requirements, that is if the husband can be fair to his wives. The group that allows them to base their views on QS al-Nisa '4: 3. by setting some requirements; if the number of women who are eligible to marry more than men who are married, if the productive age of men has a grace period that is far from the productive age of women if the wife is infertile while the husband wants to have offspring, men have a strong libido ( super sex) unable to stem his lust if only one wife. Although these requirements are met, the basic requirements are not met then polygamy is prohibited. While those who oppose them strongly base their views on QS.al-Nisa '/ 4: 129. that no one can be fair to wives, both fair treatment of problems related to the material and nonmaterial in the matter of love and affection.

IJTIHAD DAN URGENSINYA Usman Jafar
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

This study is intended to determine the role and urgency of ijtihad as a method of extracting and discovering Islamic law from its main sources, the Qur'an and Sunnah. This method cannot be separated from the context of the era which is always changing and developing along with the emergence of various new problems that have no legal provisions in the text.The results achieved through the ijtihad method show that Islamic law becomes elastic and develops so that it effectively becomes a solution in dealing with various problems as a result of changes and developments of the times.

HISAB HAKIKI: Metode Ilmiah Penentuan Awal Bulan Kamariyah Alimuddin Alimuddin
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

Essential reckoning is one method of determining the beginning of the Kamariyah month, calculations performed with accurate astronomical data. The calculation results are also accurate and can be tested for validity or proven valid. In practice, the ultimate reckoning is divided into two systems, ijtima system and hilal position system.

PARTISIPASI POLITIK DALAM KONSEPSI TEORI PILIHAN RASIONAL JAMES S COLEMAN Nila Sastrawati
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

Social action is an important aspect in analyzing behavior, including in analyzing the political participation of individuals and society. Diverse forms of political participation indicate that individuals make choices of political participation based on subjective considerations with reference to costs and rewards. In the conception of Rational Choice Theory from James S. Coleman, there are 2 main essences, namely actors and resources. Actors as actors of participation, have the power to use resources, including external resources or political modalities so that the actors' political objectives are achieved.

PERILAKU SEKSUAL TRANSGENDER (Studi Komparatif Hak Asasi Manusia Antara Perspektif The Universal Declaration of Human Right dan The Cairo Declaration of Human Right) Adriana Mustafa
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

The emergence of the term Transgender in Indonesia first appeared in 1860 and underwent development in the 1990s. In 1986 the term Wadam (Female Adam) emerged, but changed into a transsexual (Male Female). The amendment was based on the objection of several parties because of the use of the name of Adam's Woman. It was considered impolite because the name of the Prophet Adam as.In the Universal Declaration of Human Right, there is indeed no mention of sexual orientation, it must be of the opposite sex, what is concerned about human rights to marry and build families, namely article 16 which is then used as a basis by transgender people to justify deviant sexual behavior they are through same-sex marriage. On the other hand, in the Universal Declaration of Human Right there is also article 18 which guarantees the right of everyone to believe in the teachings of his religion and practice his religious teachings well. While we all know there is no religious teaching in this world that allows sexual behavior to deviate, even the most tolerant religion.

THAHARAH LAHIR DAN BATIN DALAM AL-QURAN (Penafsiran terhadap Qs. Al-Muddatsir/74:4 dan Qs. Al-Maidah/5:6) Ahmad Mujahid; Haeriyyah Haeriyyah
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

One of the fundamental problems of the religious diversity of most Muslims today is that they are religiously textual or infantile, minus the meaning of irfani. They are religious limited to rituals and lack of inner meaning. As a result they stop in religion at the means and do not arrive at the religious goals. For example, they only feel that they are sufficient in sharia ablution or prayer but minus the inner meaning or essence. As a result, the ablution and prayer that they perform does not lead to the essence of religion, the essence of ablution and the essence of prayer. This paper discusses how the inner or irfani meanings of the essence of thaharah and the nature of wudoo, without ignoring the core meanings (syar'iyah and bayani).

ADAT AMPIKALE: Asuransi Ala Masyarakat Bugis di Kecamatan Pammana Kabupaten Wajo Hadi Daeng Mapuna
Al-Risalah VOLUME 19 NO 2, NOVEMBER (2019)
Publisher : Universitas Islam Negeri Alauddin Makassar

The Ampikale custom is a custom adopted by the Bugis community in Pammana District, Wajo Regency. The custom concept of Ampikale is that a person sets aside part of his inheritance to be used as a preparation for the cost of living in old age, the cost of care in case of illness and services for those caring for him until he dies. The basic concept of Ampikale has some similarities with the basic concept of insurance, which is the purpose, setting aside some of the assets or money and having people who will receive services. Therefore it can be said that the custom of Ampikale is insurance in the style of the Bugis community, Pammana District, Wajo Regency. How is the relationship between the custom concept of Ampikale and the basic concept of insurance, will be discussed in this paper.

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subehan khalik

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name subehan khalik

Contact Email subehan.khalik@uin-alauddin.ac.id

Phone +6282293315131

Journal Mail Official subehan.khalik@uin-alauddin.ac.id

Editorial Address Fakuiltas Syariah dan Hukum UIN Alauddin Jl. H.M. Yasin Limpo No. 36 Samata Gowa

Location Kab. gowa, Sulawesi selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
subehan khalik

Contact Email
subehan.khalik@uin-alauddin.ac.id

Phone
+6282293315131

Journal Mail Official
subehan.khalik@uin-alauddin.ac.id

Editorial Address
Fakuiltas Syariah dan Hukum UIN Alauddin Jl. H.M. Yasin Limpo No. 36 Samata Gowa

Location
Kab. gowa,

Sulawesi selatan

INDONESIA