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Al-Risalah : Jurnal Imu Syariah dan Hukum
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 9 Documents
 1 
Search results for , issue "VOLUME 21 NO 2, NOVEMBER (2021)" : 9 Documents clear
POLITICAL CONFIGURATION AND LEGAL PRODUCTS IN INDONESIA IN TERMS OF ISLAMIC CONSTITUTIONAL LAW Ummu Awaliah; Muhammad Saleh Ridwan; Rahmiati Rahmiati; Kusnadi Umar
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.24871

Abstract

Politics and the state are inseparable. The confusion of the form of politics or what is known as the Political Configuration and Legal Products in Indonesia makes people wonder. Then, Islamic Constitutional Law will look at or see how Indonesia's forms of politics and legal products are used. This study aimed to determine Indonesia's political configuration and legal products in terms of Islamic constitutional law. The type of study was normative legal research or research library. The primary data sources were obtained from Al-Qur'an and Hadith, while the secondary data were obtained from books, journals, or materials taken from writings related to the subject matter. The data collection technique was used through the literature by searching, reading, studying, and reviewing related literature. The results of this study showed that: 1) Indonesia currently used a democratic political configuration and responsive legal products, where the public was given space to express themselves and play an active role in determining policies in the government; 2) Islamic constitutional law considered that the political configuration and legal products in Indonesia were in accordance with what was contained in the Islamic constitutional law. This was because Indonesia's democratic political configuration and legal products had the same vision, namely creating prosperity for the general public. 
ASBĀB AL-NUZŪL: METHODS AND ITS APPLICATION TO VERSES OF THE QUR'AN Rozatul Muna; M. Fakhrul Mahdi
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.21702

Abstract

The study of asbāb al-nuzūl is an essential instrument in understanding the historical context in the Al-Qur'an. This study aimed to examine the background of the revelation of the verses of the Al-Qur'an. Moreover, it was also very helpful to find out the meaning of the verse to understand the Qur’anfor different times and places. This study employed qualitative research, which referred to library research by examining relevant theories and texts. This study examined the two rules caused by differences of opinion among scholars. The two rules become ibarah (handles); namely, the pronunciation generality is not a specific cause, and a specific cause is not a pronunciation generality.
BRIBERY IN THE PRIVATE SECTOR AS A CORRUPTION OFFENSE POLICY Imentari Siin Sembiring; Pujiyono Pujiyono
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.24908

Abstract

Bribery is an act of corruption. This article aims to analyze the formulation of bribery in the private sector as a criminal act of corruption. This type of research is normative research. The results of the study concluded that bribery in the private sector is an act of corruption as regulated in UNCAC, Indonesia categorizes it as a crime but not as corruption. Problems related to the regulation of bribery in the private sector in Indonesia create ambiguity in its application so it is necessary to accommodate bribery in the private sector as a category of corruption by looking at Singapore which has also ratified UNCAC and has categorized bribery in the private sector as a criminal act of corruption. 
ONLINE LOANS THROUGH SMART CREDIT APPLICATION; A COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW Slamet Abidin
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.24011

Abstract

This article aimed to describe and analyze the comparison of the two laws, namely Islamic Law and Positive Law, regarding online loans in the Smart Credit application. This study was a literature study using a qualitative design that was the basis for library research by exploring the postulates of Islamic law and articles of positive law that were directly related to the object studied and analyzing and concluding the comparison of the two laws. The results of this study indicated that the legal requirements for online loans in the Smart Credit application was based on the provisions of Islamic Law and Civil Code. In addition, according to Islamic Law and Positive Law, the online loan mechanism through the Smart Credit application had differences, including in Islamic Law allowing online loans. However, if the loans process used usury or interest, Islamic law forbade the lender. While the Positive Law, in this case, was contained in Article 1320 of the Civil Code, which explained that if a lender has agreed to the process of terms and conditions that the Smart Credit application has made and has bound himself in the applicable provisions, whether a loan that was known to have an interest or a delay in paying would be given a fine, then the loans process was legal in the eyes of the law. This was because they have tied themselves to the online loan process, the Smart Credit application. This study implies that online loans are allowed to be used by the public. However, people must remain careful in using online loan applications that lend funds because the interest from lending these funds is very high and will result in very large losses. 
SOCIAL-POLITICAL CONDITIONS AFTER THE BONGAYA TREATY OF 1667; ISLAMIC POLITICAL PERSPECTIVE Muhammad Arif; Chaerul Mundzir; Is Hamdan Ramadhani
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.24156

Abstract

This article aimed to describe the socio-political conditions after the Bongaya Treaty of 1667. This study employed the historical research method (library research). The researcher applied several approaches, namely the historical approach, religious approach, anthropological approach, and sociological approach. The Makassar War is a momentum for change from all aspects, not only changes from the political aspect but also the social, cultural and economic aspects that greatly tormented the people of Gowa. As a King, Sultan Hasanudin was responsible for the fate of the royal people of Gowa, which was getting sad. Sultan Hasanudin had to consider this even though he wanted to continue to fight. Sultan Hasanudin really understood the suffering of the people of the Kingdom of Gowa. Due to these considerations, the war lasted approximately four years, starting from 1666-1669 and ending with the Bungaya Treaty, which consisted of 30 articles. The treaty affected all aspects of Gowa community life, not only in terms of political factors but also the existence of Muslims. Since then, the power and influence of the Netherlands in East Indonesia began to be embedded towards serious colonialism. Sultan Hasanuddin, who dashed to defend his country until the last second has controlled the Kingdom of Gowa for 16 years; namely 1653-1669 and died in Gowa on June 12, 1670. 
DECENTRALISATIE VAN HET ONDERWIJS AS AN EARLY STEP TO ACCULLURATION Syafa'at Anugrah Pradana; Rustam Magun Pikahulan
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.24642

Abstract

A lack of proper interpretation of Decentralisatie Van Het Onderwijs or education decentralization in practice has led to confusion in understanding the legal aspects of education decentralization to oversee the targeted acculturation of Indonesian citizens. Decentralisation Van Het Onderwijs, a Dutch education reform law, was the impetus for this study, which seeks to shed light on the role that decentralization plays in the process of cultural assimilation. Through an examination of the decentralization concept associated with Law No. 23 of 2014 concerning regional government, the legal meaning of education decentralization is determined. Of primary importance is creating an educational framework, which includes teaching student’s values such as morality and respect for others. This framework can only be established through a well-resourced educational system. When it comes to education, moral training, character development, and social responsibility are all part of formal education. Only traditional religious schools, such as pesantren, can provide all of this information. 
QUNUT AS A POSITIVE RELIGIOUS SPIRITUAL ETHIC IN THE PERSPECTIVE OF THE QUR'AN Ahmad Mujahid; Haeriyyah Haeriyyah
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.26110

Abstract

This article discusses qunut as a positive religious-spiritual ethic in the perspective of the Qur'an. The method used is the thematic interpretation method. The results showed that the essence of the meaning of qunut as the religious-spiritual ethics of the Quran is obedience, obedience, submission and slavery full of earnestness, specialty, humility and love for Allah and to the Messenger of Allah. The nature of qunut with such a meaning, true becomes the personality character of every individual Muslim. Qunut character should also be a building of life in spousal or domestic relations and social-community life. Keywords: Qunut; Positive Religious-spiritual ethics
THE VALIDITY OF THE COVID-19 FATWA IN REVIEW OF THE AD-DHARAR YUZALU RULES Achmad Musyahid Idrus
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.26641

Abstract

The covid 19 is a fiqh law product that has been issued by a fatwa institution that competent in Indonesia, which is the Indonesian Ulama Council. It has issued no less than 14 legal fatwas relating to covid 19. Those are the Conduct of Worship in Situations the covid 19 Outbreak, Concerning Guidelines for Prayers for Health Workers who Wear Personal Protective eqiument (APD), Guidelines for the management of Bodies Infected Muslim wirh covid 19, Regarding Utilizatiom Zakat, Infaq and Shadaqah Assets for Covid 19 Outbreak, Guidlines for Takbir Kaifiyyat and Eid al-Fitr Prayers during the Covid 19 pandemic, on organization Friday prayers and jamaahs to prevent covid 19 transmission, on Eid al-Adha prayers and jamaahs to prevent covid 19 transmisssion, on Eid al-Adha prayers and sacrificial animal slaughter the Covid 19 outbreak. The ad-Dharar Yuzalu rule is one of the principles of figh which aims to introduce how imprtant it is to protect lives and descendants from the dangers threats of Covid 19. It’s a virus that can actually threaten lives and offspring, so by using this ad-dharar yuzalu rule, the the main purpose of religion can be realized in human life.
A COMPARISON BETWEEN THE VIEWS OF TURAS FIQH AND NEW FIQH REGARDING JARIMAH HUDUD PENALTIES: ISLAMIC LAW AND LANGUAGE REVIEW Hannani
Al-Risalah VOLUME 21 NO 2, NOVEMBER (2021)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.v21i1.39768

Abstract

There is a difference of opinion between salaf scholars and modern scholars regarding the implementation of hudud jarimah. Some of them try to maintain their understanding according to the text, they want the implementation of jarimah hudud to be adapted to the practices that occurred at the time of the Prophet. While others want a new interpretation regarding jarimah hudud. Therefore, in this article the researcher wants to explain the views of salaf scholars and modern scholars regarding jarimah hudud and how linguistic interpretation relates to jarimah hudud. The method used in this study is the comparative method, by comparing the opinions of salaf scholars and modern scholars regarding jarimah hudūd. This research is a library research by collecting the opinions of scholars from various books and using descriptive analysis methods. The results of this study concluded that according to salaf scholars, jarimah hudud punishment is something that is ta'abbudi in nature which does not accept qiyas and ta'lil. their language interpretation also follows the maqshadi of sahabah and scholars which includes the terms of the crime and the conditions of the offender. While modern scholars try to reinterpret the maqashid uqubah and expand the arena of hudud and its interpretation.

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