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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 5 Documents
 1 
Search results for , issue "VOLUME 23 NO 2, NOVEMBER (2023)" : 5 Documents clear
Telaah Sadd Adz-Zariah PRISONER RELEASE POLICY DURING COVID-19 FROM SADD AL-ŻARĪ'AH'S PERSPECTIVE Arisva, Vatta; Mahdi, M. Fakhrul
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.31161

Abstract

The policy of the Minister of Law and Human Rights regarding granting prisoner release at the beginning of 2020 has caused a stir among the public because this policy was issued in the midst of the country being hit by the COVID-19 pandemic, a symptom of a deadly disease. On this basis, the researcher wanted to find out how to grant prisoner release based on the policy of the Minister of Law and Human Rights in the midst of the Covid-19 pandemic?, and what is Sadd al-żarī'ah's study of prisoner release based on the policy of the Minister of Law and Human Rights during Covid-19? This qualitative research used a normative method and a statute approach. Meanwhile, the types of data used were secondary data and primary data. The results of this research showed that the granting of prisoner release was carried out by Correctional Institutions with an integrated Correctional Database System (CDS) for prisoners who had fulfilled the substantive and administrative requirements by going through the procedures process. The policies were reviewed through sadd al-żarī'ah, which was a method of carrying out the law. In this case, seeing the intermediary of the action could lead to maslahah or mafsadat. The greater benefit arising from this policy is protecting lives by preventing the transmission of COVID-19, which could be deadly in Correctional Institutions as closed housing and over capacity. However, there are also consequences in the form of repetition of criminal acts (recidivism) by prisoners.
AN ANALYSIS OF CHANGES TO TARJIH MUHAMMADIYAH'S FATWA ON SMOKING FROM MANHAJ TARJIH'S PERSPECTIVE Rahman, Edy Masnur
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.31325

Abstract

This research aimed to reveal the approach used in the tarjih Muhammadiyah’s fatwa regarding smoking law and describe the application of legal change rules in the smoking problem from Manhaj Tarjih's perspective. This research employed literature-based with a qualitative descriptive-analysis method. The results of the research showed that smoking law Fatwa Number 30 of 2005 and Fatwa Number 7 of 2007 used three approaches, including Bayani, Burhani, and Irfani. However, the Bayani approach was still more dominant than other approaches. Fatwa Number 6 of 2010 has also used three circular approaches, namely Bayani, Burhani, and Irfani, although the Irfani approach was still felt to be lacking and has not been stated explicitly. Then, the application of the four rules for changing the law in Muhammadiyah's manhaj tarjih has been perfectly fulfilled in the case of changing the law regarding the issue of smoking in the tarjih fatwa. Therefore, the changes that occurred have been accompanied by clear arguments and did not conflict with the Al-Qur’an and as-Sunnah. It is hoped that special research from the perspective of the Irfani approach was still very lacking. Furthermore, the community is expected to be mature in responding to changes in smoking laws decided by Muhammadiyah Tarjih and Tajdid Council.
CRITICAL REVIEW OF THE LEGAL REGULATION OF MICROTRANSACTION ‘GACHA’: A COMPARATIVE STUDY OF ISLAMIC CRIMINAL LAW AND NATIONAL CRIMINAL LAW Putri, Mutmainna; Rahmawati; Anwar, Alfiansyah; Haq, Islamul; Zulfahmi AR
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.39934

Abstract

Microtransactions are a type of small-scale financial transaction conducted online. With the advent of the internet, trading transactions no longer require direct interaction between the seller and the buyer, as everything is done through online platforms. One form of microtransaction found in games is gacha. The issue of microtransaction gacha arises due to their inherent gambling elements. However, there is a loophole in current criminal law in Indonesia where no specific regulation governs this issue. This research aims to compare the differences in the legal regulation of microtransaction gacha between national criminal law and Islamic criminal law. The research methodology employed is a comparative method with a literature review approach. The findings of this research indicate that there is no specific regulation in national criminal law that categorizes microtransaction gacha as prohibited acts under the law, whereas, in Islamic criminal law, microtransaction gacha fulfill the elements of gambling and are therefore considered haram (forbidden). Therefore it is important to establish a framework of criminal law that regulates gacha systems to minimize the impacts caused by microtransaction gacha.
DETERMINATION OF UJRAH ON MULTI-JASA FINANCING BTN iB PERSPECTIVE FATWA DSN MUI No. 44/DSN-MUI/VIII/2004: CASE STUDY OF BANK BTN KC SYARIAH MEDAN Bambang Yulianto; Suparmin, Sudirman
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.42198

Abstract

The purpose of this research is to find out the practice of the basic kafalah bil ujrah contract on BTN iB multiservice financing occurring at BTN KC Syariah Medan and the low determination of ujrah is in accordance with DSN-MUI Fatwa No. 44/DSN-MUI/VII/2004 corcerning multiservice financing. This type of research is field research using a qualitative approach. Data was obtained using interview literature study, then analyzed using descriptive analysis methods. The results of this research show that: First, in practice the kafalah bil ujrah contract in multiservice financing at BTN KC Syariah Medan is harmonious and the conditions are met as in accordance with the provisions of Fatwa DSN-MUI No. 11/DSN/MUI/-/IV/2000 concerning kafalah. Second, the determination of ujrah on multiservice financing at BTN Syariah in the form of a percentage is carried out based on the Directors' Circular Letter (SED) issued by the head office of Bank Tabungan Negara (BTN) Syariah which is located in Jakarta, so that parties from the Syariah Branch Office do not have the right to change these provisions. However, in order to avoid ambiguity, BTN Syariah Medan also attached the ujrah in nominal form.
JUDGE'S EX OFFICIO RIGHTS TO A FAIR VERSTEK DIVORCE DECISION AT THE PALOPO RELIGIOUS COURT Pasinian, Suleha Nurazisah; Yusmad, Muammar Arafat; Abdain; Assaad, A. Sukmawati; Takdir
Al-Risalah VOLUME 23 NO 2, NOVEMBER (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.43697

Abstract

Judges have the authority to hear and decide divorce cases, which are delegated to them in Court autonomously and without influence from outside parties in accordance with applicable regulations. This research aimed to reveal the use of the Judge's ex officio rights regarding fair divorce decisions at the Palopo Religious Court. This research was empirical, using a normative and juridical approach. The data collection techniques used interviews, observation, and documentation. The data analysis technique was carried out in three steps, namely reduction, presentation, and drawing conclusions. The research results showed that the use of ex officio rights by the Judge of Palopo Religious Court regarding the verstek decision in a fair talaq divorce case was the determination of a decision outside the appellant’s petitum by the Judge by determining the level of living for the ex-wife due to the woman's lack of awareness to demand her rights after the divorce as evidenced by her absence at the trial, which is based on limitations. The execution of the Palopo Religious Court regarding the provision of mut'ah and iddah living in Decision number 25/Pdt.G/2023/PA.Plp was on consignment. The perspective of Islamic law regarding women's rights after divorce in decision number 25/Pdt.G/2023/PA.Plp and decision number 7/Pdt.G/2023/PA.Plp at the Palopo Religious Court was the provision of iddah, mut’ah, madhiyah, hadhanah and dowry owed to the ex-wife, according to the limitations.

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