cover
Article Per Year (5 Year)
All
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
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 46 Documents
 1   2   3   4   5 
Search results for , issue "VOLUME 25 NO 2, NOPEMBER (2025)" : 46 Documents clear
Standardization and Diffusion of Shariah Principles in Hospitality: A Study of Shariah-Compliant Hotels in Malaysia’s Halal Tourism Sector Amir, Ahmad Nabil; Rahman, Tasnim Abdul
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.52661

Abstract

This study investigates the operational frameworks, regulatory challenges, and economic impacts of Shariah-Compliant Hotels (SCHs) in Malaysia, aiming to evaluate their role in advancing Islamic tourism and strengthening Malaysia’s position as a global leader in halal hospitality. Employing a mixed-method approach, the research integrates qualitative narrative analysis with quantitative data, including semi-structured interviews with 12 managers from MFAR-recognized hotels and a review of secondary sources such as government reports and certification guidelines. The Diffusion of Innovation (DOI) framework is used to assess how SCHs adopt and implement Islamic hospitality standards. The findings reveal that Malaysian SCHs successfully embed Islamic values in service delivery, offering halal-certified food, gender-segregated facilities, prayer spaces, and Shariah-aligned amenities. However, challenges remain—particularly fragmented certification systems between JAKIM and the Islamic Tourism Centre, lack of staff training, and unclear compliance standards. Despite these barriers, the sector contributes significantly to tourism growth, as evidenced by 5.33 million Muslim tourist arrivals in 2019, and attracts foreign direct investment, especially from Gulf Cooperation Council (GCC) countries. This study offers a more holistic understanding of SCHs by bridging theoretical perspectives and empirical findings. It recommends improved standardization, cross-agency coordination, and policy innovation to sustain Malaysia’s leadership in halal tourism and expand into areas such as Islamic fintech, halal medical tourism, and value-driven investment models.
Islamic Legal Perspectives on Rewarding Worship (Īṣāl al-Thawāb) to the Deceased: A Comparative Study of Muhammadiyah and Nahdlatul Ulama Hamdi. R, Khairul; Day, George Soros Setiawan; Fadhlullah, Fathan; Ashufah, Abdul Hayyaqdhan
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.55225

Abstract

This study examines the contrasting legal perspectives of Muhammadiyah and Nahdlatul Ulama (NU) on the practice of bestowing the rewards of worship (īṣāl al-thawāb) to the deceased—an enduring and widespread tradition among many Indonesian Muslims. The purpose of this research is to explore the theological and methodological foundations underlying each organization's stance and to identify the broader implications of these differing views for Islamic legal discourse in Indonesia. Employing a qualitative, comparative approach, the study utilizes literature-based analysis and in-depth interviews to investigate fatwas issued by Muhammadiyah’s Tarjih Council and NU’s Bahtsul Masail. The findings reveal a sharp divergence: Muhammadiyah rejects the practice, considering it unsupported by scriptural evidence and classifying it as bid‘ah (religious innovation), while NU legitimizes the practice based on ijmaʿ (consensus), qiyās (analogy), and long-standing tradition, especially in communal rituals like tahlilan. The originality of this research lies in its focused comparison of the legal reasoning (istinbāṭ al-ḥukm) used by Indonesia’s two largest Islamic organizations, which reflects deeper epistemological tensions between scripturalist and traditionalist orientations in contemporary Islamic jurisprudence. The study has broader implications for understanding how Islamic authority is negotiated in pluralistic societies and how divergent methodologies shape religious practices at the grassroots level. These findings contribute to ongoing discussions on the role of legal pluralism, tradition, and reform in shaping Indonesian Islamic identity.
Egg Freezing in Islamic Law: A Study on Its Relevance to the Concept of the Maṣlaḥah Family in Muslim Society Shafiqoh, Hazikahtus; Firdawaty, Linda; Susilo, Edi
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.57884

Abstract

The advancement of reproductive technologies offers new opportunities for women in planning pregnancy, one of which is egg freezing. Originally developed for medical purposes—particularly for women undergoing chemotherapy—egg freezing has since been adopted for non-medical reasons such as career planning or the absence of a suitable partner. This shift has sparked ethical, legal, and religious debates, especially within Muslim communities that adhere to sharī‘ah-based principles. This study aims to explore the permissibility and implications of egg freezing in Islamic law and to assess its compatibility with the concept of the maṣlaḥah family. Employing a qualitative methodology with a library research approach, this research draws on primary sources (Qur’an, ḥadīth, classical fiqh, and contemporary fatwas), as well as secondary and tertiary literature. The analysis is framed through the lens of maqāṣid al-sharī‘ah and the ethical foundations of the maṣlaḥah family. The findings indicate that egg freezing may be deemed permissible under Islamic law if specific conditions are met—particularly that fertilization occurs within a lawful marriage and safeguards are in place to prevent lineage confusion. When aligned with Islamic values, egg freezing can contribute to responsible reproductive planning and psychological preparedness, enhancing the realization of a maṣlaḥah family. However, concerns remain regarding commercialization, socio-economic inequality, and technological dependency. These challenges highlight the need for robust regulatory frameworks and value-based education to guide ethical application.
The Limitation of KPK’s Authority over BUMN Officials: Legal, Theoretical, and Institutional Implications Pamungkas, Bayu Tri; Sakinah, Zurria
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.57959

Abstract

This study explores the legal and institutional consequences of limiting the authority of the Corruption Eradication Commission (KPK) in prosecuting corruption cases involving State-Owned Enterprises (BUMN), particularly after the enactment of Law No. 1 of 2025 and Law No. 19 of 2019. Using a normative juridical method that incorporates statutory analysis, conceptual frameworks, and relevant case studies, the research highlights a significant shift in the legal status of BUMN directors and commissioners. By no longer recognizing them as state administrators, the law effectively reduces the KPK's oversight capabilities and creates a potential legal vacuum. This shift poses a risk of enabling undetected corruption in strategic sectors of the economy and undermines public confidence in anti-corruption institutions. To bridge legal interpretation and institutional practice, this study draws from the theory of authority and institutional effectiveness. It emphasizes the need for clearer legal definitions and coherence in regulatory design. As a policy recommendation, the study calls for the revision of existing laws to restore the KPK’s functional oversight over BUMN officials and proposes a renewed interpretation of “state administrator” to align with anti-corruption objectives.
Integrating Maqāṣid al-Sharī‘ah into the Legal Framework of Child Adoption in Indonesia Muhammad Alifza; Nasution, Muhammad Amin
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.58136

Abstract

This study aims to analyze the alignment of child adoption regulations in the Child Protection Law and its implementing regulations with the principles of maqāṣid al-sharī‘ah, particularly in relation to ḥifẓ al-nafs (protection of life) and ḥifẓ al-naṣl (protection of lineage). The widespread practice of informal child adoption without court authorization—especially in rural areas—raises legal concerns regarding lineage, identity, and the rights of child protection from both positive legal and Islamic perspectives. This research employs a normative-juridical method with a statutory and Islamic jurisprudence approach, supported by secondary data obtained from a field study in Beji Village, Banyumas. The analysis uses al-Ghazālī’s maqāṣid al-sharī‘ah framework to assess the compatibility between existing regulations and Islamic values on child protection. The findings indicate that the national legal framework essentially accommodates the principles of safeguarding life and lineage; however, there remain implementation gaps due to limited legal literacy, the influence of local traditions, and economic factors. The study’s original contribution lies in its proposal of a “structured kafālah” model as an integrative approach combining positive law and Islamic law, along with a recommendation for Islamic-based legal training for village officials and communities. The implication is that strengthening regulations and education that integrate maqāṣid al-sharī‘ah into adoption practices is crucial to ensure lawful, just, and contextually relevant child protection in accordance with both legal and religious values.
The Application of Freeze Clauses in Esports Contracts Based on Balances Principle Herlianto, Fahrian; Wahyuni, Ridha
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.58311

Abstract

The rapid growth of the esports industry in Indonesia has led to increasingly structured employment contracts between players and teams. Among the most contentious provisions is the freeze clause, which grants teams the authority to suspend players' professional activities without clear justification, time limits, or compensation. This study aims to examine the legality of such clauses within the framework of Indonesian contract law, focusing on the principle of balance and the protection of parties in unequal bargaining positions. Employing a normative juridical methodology, this research uses statutory analysis and case-based interpretation to evaluate the enforceability of freeze clauses. The findings reveal that when applied unilaterally, freeze clauses violate the principle of good faith and may constitute misbruik van omstandigheden (abuse of circumstances). Such clauses not only disrupt the professional careers of esports players but also undermine the foundational values of fairness and reciprocity in contract law. The originality of this research lies in its legal scrutiny of esports contract practices, a relatively underexplored area in Indonesian legal scholarship. The study highlights the urgent need for contract reforms and the development of protective legal standards within the esports industry. It also offers practical pathways for dispute resolution—through mediation, arbitration, or litigation—providing strategic guidance for players seeking justice.
Criminal Liability of Passive Perpetrators in Money Laundering Crimes Involving the Families of State Officials Agnes Cynthia; Kayowuan L, Kayus
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.58327

Abstract

This research examines the criminal liability of passive perpetrators in money laundering cases, with a specific focus on the family of Syahrul Yasin Limpo (SYL), a former Indonesian Minister implicated in a high-profile corruption case. The primary purpose of this study is to explore whether individuals who indirectly benefit from illicit assets, without directly engaging in concealment, can be held criminally accountable under Indonesian anti-money laundering laws. Employing a normative legal research method, the study adopts both a statutory approach—analyzing Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering—and a case approach through the judicial findings and evidence presented in SYL’s corruption trial. The results indicate strong grounds to suspect SYL’s family members as passive perpetrators, as they knowingly enjoyed the benefits of unlawful wealth through luxury lifestyles, property maintenance, and asset acquisition, without questioning the origin of the funds. These actions fulfill the elements required under Article 5, Paragraph (1) of the Money Laundering Law and suggest potential criminal liability. The originality of this research lies in its focus on passive actors—typically overlooked in legal practice—highlighting the legal and moral responsibility of beneficiaries in money laundering schemes. The findings imply a need for more comprehensive law enforcement strategies that include not only active perpetrators but also passive participants, in order to uphold the rule of law and combat impunity in corruption-related crimes.
Upholding the Best Interests of the Child Principle in Police Investigations of Child Sexual Violence Victims in Indonesia Melian Sahara; Kayus Kayowuan Lewoleba
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.58527

Abstract

Sexual violence against children is a serious crime with long-term effects, requiring legal proceedings that prioritize the interests of children as victims. This study aims to analyze the factors that hinder the realization of the principle of the best interests of the child in the investigation process and to formulate its ideal implementation. The method used is normative legal research with a legislative and case study approach, supplemented by empirical data through interviews with investigators from the South Jakarta Metro Police PPA Unit. The results of the study show that the main obstacles include a lack of understanding among investigators, limited support facilities, the absence of explicit technical SOPs, the influence of conservative culture, and low public legal awareness. This study offers novelty by filling the gap in research on the principle of the best interests of the child specifically for children who are victims of sexual violence, with a focus on the investigation process an aspect that has been more extensively discussed in the context of children as perpetrators or at the trial stage. The implications of this study emphasize the importance of harmonizing regulations, developing technical guidelines based on the protection of children and victims of sexual violence, and enhancing the capacity of law enforcement officials to ensure optimal protection
Disparity in Bankruptcy Rulings: Rethinking the Principle of Simple Proof in the Indonesian Commercial Judiciary Abrielmovich, Biyandra Timothee; Joesoef, Iwan Erar
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.58558

Abstract

This study investigates the principle of simple proof in Indonesian bankruptcy law, as stipulated in Article 8(4) of Law No. 37 of 2004, and its inconsistent application in judicial practice. The purpose of the research is to critically examine the disparity in court decisions regarding the interpretation of "simple proof" and to propose a more objective and balanced evidentiary standard. Employing a normative juridical methodology, the study integrates statutory, case-based, and conceptual approaches, focusing on the Central Jakarta Commercial Court Decision No. 23/Pdt.Sus-Pailit/2022 and its affirmation by the Supreme Court Decision No. 1714 K/Pdt.Sus-Pailit/2022. These rulings illustrate a substantive judicial interpretation that deviates from the formal criteria of simple proof, resulting in the dismissal of a bankruptcy petition despite the fulfillment of normative requirements. The findings reveal that the absence of clear parameters for simple proof has led to disparities in judicial decisions, undermining legal certainty and creditor protection. The originality of this study lies in its typological classification of disparity in Indonesian bankruptcy rulings and its formulation of a proposed evidentiary framework aimed at reducing judicial inconsistency. The research recommends issuing a Supreme Court Circular (SEMA) or revising the Bankruptcy Law to ensure consistent, equitable adjudication. These reforms are essential to upholding the principles of justice and balance in bankruptcy proceedings.
Comparative Legal Analysis of Hoax Dissemination by Minors on Social Media: A Study of National Criminal Law and Islamic Criminal Law Hermawan, Mhd Anggi; Ramadani
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.58572

Abstract

Social media today functions not only as a communication tool but also as a platform for entertainment, education, and information dissemination. However, problems arise when false information (hoaxes) is spread—particularly when the perpetrators are minors. This study aims to analyse the differences in handling hoax dissemination by minors from the perspectives of criminal law and Islamic criminal law. Employing a normative juridical method with a comparative approach, the research draws on library-based data and case analysis. Four real-life cases of hoax dissemination via TikTok were examined, with identification of underage perpetrators based on user account content and behaviour. The findings reveal that, under national criminal law, the legal process prioritizes diversion as an initial step. If diversion fails, the case proceeds to court, where formal sanctions may be applied. In contrast, Islamic criminal law emphasizes returning the child to their parents, imposing ta’dībī (educational discipline) on the child, and ḍamān (compensatory liability) on the parents if the hoax involves defamation (qadhf). Key differences between the two systems include legal foundations, criminal responsibility, types of hoaxes, sanctions, and age thresholds. Nevertheless, both systems share a core principle: prioritizing rehabilitation and education over punitive measures. This study offers a novel comparative perspective and underscores the need for child-cantered legal frameworks in addressing the spread of hoaxes on social media.

Page 1 of 5 | Total Record : 46

 1   2   3   4   5 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue VOLUME 26 NO 1, MAY (2026) (IN PRESS Vol 25 No 1 (2025): MAY (2025) VOLUME 25 NO 2, NOPEMBER (2025) VOLUME 24 NO 2, NOPEMBER (2024) VOLUME 24 NO 1, MAY (2024) VOLUME 23 NO 2, NOVEMBER (2023) VOLUME 23 NO 1, MAY (2023) VOLUME 22 NO 2, NOVEMBER (2022) VOLUME 22 NO 1, MAY (2022) VOLUME 21 NO 2, NOVEMBER (2021) VOLUME 21 NO 1, MEI (2021) VOLUME 20 NO 2, NOVEMBER (2020) VOLUME 20 NO 1, MEI (2020) VOLUME 19 NO 2, NOVEMBER (2019) VOLUME 19 NO 1, MEI (2019) Ar-Risalah More Issue