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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 7 Documents
 1 
Search results for , issue "VOLUME 22 NO 1, MAY (2022)" : 7 Documents clear
PROTECTION OF CHILDREN AS A PHILOSOPHICAL AND SOCIOLOGICAL BASE FOR THE AGE LIMIT: MAQĀṢID SHARĪʻA VERSION OF JASSER AUDA Rizqa Febry Ayu; Kamsi
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.25489

Abstract

This study examines how Jasser Auda's maqāṣid sharia view son child protection as the basis for determining the age limit for marriage and how Jasser Auda's maqāṣid sharia view son the philosophical and sociological foundations contained in the marriage age limit. This study uses a qualitative study with a descriptive analytical method with a philosophical and sociological approach. The results of this study indicate that, First, Jasser Auda's maqāṣid sharia view on child protection as the basis for determining the age limit for marriage, namely that Jasser Auda's maqāṣid asy-syarīʻah theory shows that the goal of equalizing the marriage age limit contained in Law Number 16 The year 2019 refers to the concept of child protection as regulated in concerning Child Protection which includes the basic rights of children, the right to protection from violence and discrimination and full justice for children. Second, Jasser Auda's maqāṣid sharia view of the philosophical and sociological foundations contained in the marriage age limit in using six features of the system theory that Jasser Auda optimized the results according to Cognitive, Openness, Wholeness, Interrelated Hierarchy, Multi Dimensionality and Purposefulness is accordance with maqāṣid sharia, realizing the goal of eliminating discrimination against women accordance with the global era by reforming maqāṣid to words Human Rights, creating equality between men and women, refers to the environment of society, nation and state, such as upholding justice and tolerance, achieving a harmonious family.
THE ESSENCE OF POLYGAMY AND ITS ASSOCIATION WITH INDONESIAN MARRIAGE LAW Muh. Zaitun Ardi; Mujiburrahman
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.26486

Abstract

This study aims to explain the substance of the possibility of polygamy and its relevance to Indonesian marriage law. Polygamy has existed in the pre -Islamic era until today. Islam does not forbid and advocate polygamy, but Islam came to regulate and limit the rules of Polygamy. The substance of polygamy can be seen from the context or nash of polygamy as well as Arab history in the Jahiliyyah period. Contextually Nash, Polygamy is allowed for widows and orphans with a limit of four wives and conditions of fairness. This verse was revealed because many Muslims died during the battle of Uhud which affected the high number of widows and orphans left to die with worrying conditions in terms of economic, social and educational. women are the property of their own wealth. So with this response, women are likened to animals and goods that can be traded regardless of a woman's rights. Basic Law of Polygamy in Islam Qur’an which puts forward the principles of justice and welfare in emergencies. The relevance of the provisions on polygamy in Marriage and the Compilation of Islamic Law is not fully in line with the substance or nash of the ability of polygamy in Islam but has led to the basis of Qur’an with the principle of justice, creating benefits and prevent damage. The reason for the possibility of polygamy is that there are more women than men and if monogamy continues to be maintained then there will be many practices of prostitution. This study uses a qualitative approach with the type of library research, which is a series related to the methods of collecting library data, reading, taking notes and processing research materials. The approach of seeking information from the problem that is being tried to find the answer. So, the theory of approach used is the legal approach, the normative approach and the descriptive approach. The subject of this thesis research is a descriptive approach, which describes polygamy in the Marriage Law in Indonesia from the perspective of Islamic jurisprudence. Furthermore, it examines the relevance of the provisions of polygamy in the Marriage and the Compilation of Islamic Law because it is not fully in line with the substance or text of the permissibility of polygamy in Islam.
THE LEGALITY OF SURROGATE MOTHERS FROM THE ISLAMIC LAW PERSPECTIVE Nurul Mujahidah; Sabri Samin; Syatirah Djalaluddin; M. Nur Hidayatullah
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.27944

Abstract

This study aimed to analyze the legal standing of surrogate mothers from the Islamic law perspective. This study employed library research with a shar'i normative approach. The data were collected through documents related to the surrogate mother, both from books, texts (Qur'an and Sunnah), and scholars’ opinions who discussed the implementation of a surrogate mother. Surrogate mother was one of the efforts made by a married couple to produce descendants. The results of this study indicated that the law of having descendants in a marriage was not something included in the dharuriyyah part or must exist. Additionally, the legal consequences of implementing a surrogate mother would have an impact on the child born, both from the status of the child born from the surrogate mother including legitimate child or illegitimate child, who was the mother or the mother status of children born from the surrogate mother, and the rights inheritance of children born from surrogate mother. Therefore, based on the Qur'an and Sunnah, individual and group scholars' opinions stated that the legal standing of surrogate mothers in Islam was unlawful.
ISLAMIC CRIMINAL LAW ON JARIMAH ZINA'S TESTIMONY: UNCOVERING THE CONFLICTS BETWEEN SHARIA DOCTRINE AND REALITY Islamul Haq; Marilang; Kurniati
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.26792

Abstract

The purpose of this study was to examine the orientalist N.J. Coulson's point of view on the discrepancy between the doctrine of Sharia and reality in the case of adultery in the evidence of a witness. This research was qualitative in nature and employed a descriptive normative juridical technique to answer the research questions. Documenting data, conducting data analysis through reduction, presenting data and drawing conclusions were all examples of data collection techniques. With regard to the testimony of adultery, the researcher aimed to uncover and then offer evidence regarding the disagreement between Sharia doctrine and reality in order to better understand the phenomenon. Based on the findings of the study, it could be stated that Islamic Sharia is a Sharia that places a great value on human honor, and that hifz al-irdh was one of the maqashid sharia, or honor code. With the introduction of hifz al-'irdh, the Islamic Criminal Law had strengthened the requirement for four witnesses to testify in an adultery case. This was also consistent with the punishment for adultery, which might range from stoning to death. However, the criticism levelled against N.J. Coulson regarding the seeming conflict between Sharia doctrine and reality in terms of the strictness of testimony was essentially incorrect, as Islamic law granted the privilege of maintaining human honor (hifz al-'irdh) rather than a conflict.
HISTORICAL CONCEPTION ACCORDING TO THE NATURAL MALAY TAFSIR OF TURJUMAN AL-MUSTAFAD: A TAFSIR STUDY OF THE NUSANTARA M. Irfan Farraz Haecal; Dadan Rusmana
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.28360

Abstract

The purpose of this research is to discuss the conception of history, used by Shaykh 'Abdu al-Rauf al-Singkili in interpreting verses that have historical content in the Tafsir of Turjuman al-Mustafid. This research uses a Qualitative approach through literature-based methods. The results of this study show that the Conceptual Historicality used by Shaykh Abdu al-Rauf al-Singkili is a concept of Historical Law, focusing on a series of events that explain the state of the past as an object of empirical study, and as a comparison (Ibrah) to the present, in it has a simple nature, unique elegance., and is fixed. This research recommends further research related to the conception of history in this Tafsir of Turjuman al-Mustafid in view of Historical Science with an approach to the Islamic science group.
COMPARATIVE STUDY OF MEDIATION IMPLEMENTATION IN INDONESIA AND TURKEY Muhamad Ali Muhsim; Erfaniah Zuhriah; Ali Hamdan
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.28485

Abstract

Mediation as an alternative dispute resolution has its advantages. However, behind the advantages of dispute resolution, it is inversely proportional to the data on the success of mediation in Indonesia which is very low. Based on statistical data from the Semarang Religious Court during 2015-2019, less than 3% of mediations were successful. However, the data on the success of mediation in Indonesia contradicts that of Turkey. During 2017, more than 80% of cases were successfully resolved through mediation. Based on this data, it is necessary to compare the implementation of mediation between Indonesia and Turkey. This research is included in normative juridical research with a qualitative comparative approach. The results of this study indicate that there are similarities and differences in the implementation of mediation between Indonesia and Turkey. The equation lies in the terms of the mediator, the number of mediators and the place. The difference lies in regulation, mediation time, disputes that must be mediated, mediation implementation, mediator title, mediation fees, mediator audit, mediator membership fees and the strength of the peace deed
ISLAMIC LAW LEGISLATION IN AN EFFORT TO REFORM INDONESIA'S NATIONAL LAW Sofyan; Lomba Sultan; Achmad Musyahid; Mulham Jaki Asti
Al-Risalah VOLUME 22 NO 1, MAY (2022)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.28369

Abstract

The implementation of Islamic law in Indonesia is still in a phase of gaps and contradictions. In line with developing a national legal system, it is expected to uphold the rule of law based on justice and truth from prevailing values, culture, and community beliefs. In order to answer the related issues, this study applied a library research model based on relevant library materials in the form of books, journals, or related articles. The results of this study showed that the position of Islamic law in the legal system in Indonesia was equal to Western law and customary law as a source of national law formation. Islamic law as a legal order guided by the majority of the Indonesian Muslim society had lived and existed in the legal system of state administration through sharia-based legislation (Islamic law). However, it was undeniable that the implementation of Islamic law and the presence of sharia-based laws experienced a dilemma internally and externally, influenced by epistemological, methodological, and socio-cultural aspects of politics. In addition, the efforts to develop and foster national law integrated a legal system that was harmoniously structured and followed the needs and developments of community culture. Moreover, it provided a great opportunity to consciously place Islamic law into a complete source of national law shaded by The Five Principles and the 1945 Constitution without causing contradictory and problematic assumptions by relying on the principles of forming the people in perfect and unanimous unity. Finally, it took the middle way, could develop and move, and had the life force in forming itself according to the development and or progress of the times.

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