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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 183 Documents
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TRADITION OR RELIGION? UNPACKING FEMALE CIRCUMCISION IN BUGIS-MAKASSAR CULTURE AND ISLAMIC LAW Kasim, Amrah; Pallawagau, Baso; Sakka, Abdul Rahman; Abdillah; Rasna, Rasna
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.43633

Abstract

This study focused on female circumcision as a sacred practice among the Bugis-Makassar community, intertwined with various cultural and religious beliefs. It drew attention from both Islamic law and Bugis-Makassar cultural perspectives. The objective was to explore scholars' views on female circumcision and its connection to Bugis-Makassar culture through a qualitative descriptive approach. Data collection methods included observation, interviews, and documentation. The findings indicated that within the context of Islamic law, female circumcision can be interpreted based on hadith and Sunnah, with varying opinions among Islamic scholars regarding its status as obligatory, recommended, or permissible, while some even oppose it. Despite these differing views, in communities like Bugis-Makassar, female circumcision is seen as an important cultural and traditional heritage. This practice was often accompanied by traditional ceremonies and religious rituals involving family and community. However, there were varied approaches to female circumcision within the Bugis-Makassar society, where some maintain this tradition with pride.
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.
KHULU' AND THE CONTROVERSY IN ISLAMIC LEGAL THOUGHT: THE DIVERGING PERSPECTIVES OF IMAM BAKR AL-MUZANI AND IMAM AL-SYAFI'I ON SERIOUSLY ILL WOMEN Botutihe, Rahmad Riyansah; Misbahuzzulam
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.43836

Abstract

This research aims to explore the differing opinions of Imam Bakr Al-Muzani and Imam al-Syafi'i concerning the permissibility of khulu'—a form of divorce initiated by the wife—particularly in cases where the woman is seriously ill. Given the recent viral phenomenon of khulu' leading to marital dissolution, this study seeks to provide a nuanced understanding of these classical Islamic juristic perspectives. A qualitative research design with a comparative approach was employed to investigate the subject matter. Data sources were obtained through observation, documentation, and an extensive literature review. The collected data were analyzed in a systematic manner involving selection, presentation, and conclusion-drawing phases to ensure the robustness of the findings. The findings revealed a significant divergence in the opinions of the two scholars. Imam Bakr al-Muzani opposed the majority scholarly view that considered the verse related to khulu' to be abrogated (mansukhah). Conversely, Imam al-Syafi'i maintained that khulu', including cases where the woman is seriously ill, is permissible. This difference underscores the broader debate within Islamic jurisprudence regarding the application of khulu' in contemporary contexts. This study contributes to the existing body of knowledge by highlighting the relatively underexplored opinions of Imam Bakr al-Muzani on the issue of khulu'. It also provides a comparative analysis with the more commonly referenced views of Imam al-Syafi'i, thereby enriching the discourse on women's rights in Islamic law, particularly in situations of severe illness. The research suggests that, based on the strongest opinion, women who are seriously ill may be permitted to perform khulu'. This finding has significant implications for contemporary Islamic legal practice, particularly in providing relief and legal options to women in dire health conditions seeking marital dissolution.
CHILD LINEAGE DETERMINATION IN UNDERAGE MARRIAGES: A PROGRESSIVE JUDICIAL PERSPECTIVE Syafruddin, Rezki Amaliah; Basri, Rusdaya; L, Sudirman; Said, Zainal; Muchsin, Agus
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.44186

Abstract

This research examines the legal and sociological dynamics in the determination of a child's lineage within the framework of Indonesian law, particularly focusing on cases that deviate from established regulations. Specifically, the study analyzes Decision No. 90/Pdt.P/2023/PA.Pare, where a child born from an unregistered marriage was declared legitimate despite the non-fulfillment of age requirements by one of the parents. The research employs a normative juridical approach through library research, utilizing document studies to gather relevant legal and sociological data. This method facilitates a comprehensive analysis of the legal reasoning applied in the case, with a focus on how the judge arrived at the decision to grant the petition for child legitimacy. The findings indicate that the judge's legal discovery method in this case was conducted on a case-by-case basis, taking into account both juridical and sociological factors. The decision reflects a progressive legal approach, where the judge prioritized the broader implications of justice and social welfare over strict adherence to legal formalities. This study contributes to the understanding of how progressive legal thought can influence judicial decisions in cases involving deviations from standard legal provisions. It offers a unique analysis of how judges may interpret the law flexibly to achieve just outcomes in complex family law cases. The research highlights the potential for progressive legal reasoning to shape future judicial practices in Indonesia, particularly in cases involving the legitimacy of children born from unregistered marriages. It suggests that such approaches could lead to more equitable outcomes in family law, aligning legal decisions with contemporary social realities.
UNLAWFUL ACTS AND LAND DISPUTES: UNDERSTANDING OWNERSHIP RIGHTS IN INDONESIA Haidir, Rizki; Zaini, Zulfi Diane
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.45976

Abstract

Indonesia, an archipelagic nation with a tropical climate, fertile soil, and abundant natural resources, primarily supports its population through agriculture. Most people make their living as farmers, heavily reliant on the land. Because of its importance, there is a constant effort to own and control land. Land represents the earth's surface and is often defined by property boundaries. Its significance necessitates state regulations for land rights control. This study uses a normative and empirical juridical approach, collecting data through library research, observations, and interviews, followed by qualitative analysis. The findings reveal that land grabbing occurs mainly due to the absence of a Certificate of Ownership (SHM), with transactions based solely on a sale and purchase certificate lacking a receipt. Factors contributing to land grabbing include landowners' lack of awareness about their assets, victims' unawareness of land ownership, family members selling or giving away land without the victims' knowledge, and rising land prices driving people to seek land for farming. In case number 1/Pdt.G/2023/PN Mgl, the judge accepted the Plaintiff's lawsuit against the Defendant for unlawful acts. The trial demonstrated that the Defendant could not prove his claim of purchasing land from Helmi Majid. The Defendant failed to provide documentary evidence, and witness statements did not support his argument. After careful examination of the actions, events, evidence, and legal facts, the Panel of Judges found the Defendant had clearly violated Article 1365 of the Civil Code regarding Unlawful Acts. Consequently, the Panel of Judges rejected all of the Defendant's objections and granted part of the Plaintiff's claim.
ELECTORAL INTEGRITY AT STAKE? ISLAMIC LAW AND INDONESIAN LEGISLATION ON VOTE TRADING Harahap, Najwa Khalilah; Marpaung, Arifin; Hafsah, Aulia; Indah, Usna Nur; Nabilah, Siti Luthfiyah
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.48967

Abstract

This study aims to analyse the comparison of buying and selling voting rights in general elections from the perspective of Islamic law and Indonesian national law. The buying and selling of voting rights is an act that involves the exchange of voting rights for a certain reward, which is often considered a form of ethical and legal violation. In the context of Islamic law, this practice is viewed through the principles of sharia that emphasise justice, benefit, and the prohibition against buying and selling that contains elements of usury and gharar. Meanwhile, in the perspective of Indonesian national law, the buying and selling of voting rights is regulated by the law governing general elections, which confirms that the practice is illegal and subject to criminal sanctions. This study uses a qualitative method with a descriptive-analytical approach to outline the views of the two legal systems on the buying and selling of voting rights. The results show that in both Islamic law and Indonesian national law, the buying and selling of voting rights is viewed as illegitimate and violates the principles of justice. This research provides recommendations for increasing public understanding and awareness of the importance of maintaining the integrity of voting rights in general elections as well as stricter law enforcement to prevent the practice of buying and selling voting rights.
EMERGING TRENDS IN MARRIED BY ACCIDENT (MBA) MARRIAGES: THE ROLE OF RELIGIOUS COUNSELING INVOLVEMENT IN KUALUH LEIDONG Sari, Intan Kumala; Ja'far, Hasbullah
Al-Risalah VOLUME 24 NO 1, MAY (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.51000

Abstract

This research paper investigates the phenomenon of Married By Accident (MBA) marriages in Kualuh Leidong, focusing on the contributing factors and the effectiveness of religious counseling in addressing this issue. The study aims to understand the social, economic, and familial dynamics leading to MBA marriages and the role of religious and community interventions in mitigating these occurrences. Utilizing a qualitative research approach, this study employs interviews with key informants, including religious counselors and local residents, alongside a review of relevant literature and socio-economic data. The data were collected through in-depth interviews and field observations in Kualuh Leidong, analyzed thematically to identify patterns and insights related to MBA marriages. The findings reveal that MBA marriages in Kualuh Leidong are influenced by a combination of internal and external factors. Internal factors include a lack of religious understanding and weak self-control, while external factors involve inadequate parental supervision, economic hardship, and social media's impact. The study also highlights the increasing trend of MBA marriages in 2024, attributed to insufficient religious counseling and the role of socio-economic challenges. This research provides a novel exploration of MBA marriages in a specific regional context, highlighting the intersection of religious, economic, and social factors. It offers new insights into the effectiveness of religious counseling in preventing MBA marriages and the impact of socio-economic conditions on family dynamics. he study underscores the need for enhanced religious education and community support to address the root causes of MBA marriages. It suggests that more comprehensive and culturally sensitive counseling programs are necessary to prevent early marriages and address the issues related to pregnancies outside of wedlock. Policy recommendations include increasing parental involvement and improving economic support to reduce the incidence of MBA marriages.
THE ROLE OF HATOBANGON IN WAQF LAND DISPUTE RESOLUTION: A SOLUTION FOR RURAL CUSTOMARY CONFLICT IN BANGUN PURBA Nst, Abd Mutholib; Mukhsin, Abd
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.51440

Abstract

This article aims to explore the role of Hatobangon, a respected traditional figure, in resolving waqf land disputes in Bangun Purba village, Kecamatan Lembah Sorik Marapi, Kabupaten Mandailing Natal. Specifically, it examines the effectiveness of Hatobangon as a mediator within the customary dispute resolution system and identifies the factors influencing their success in maintaining community harmony. The study employs a qualitative approach, utilizing field observations, in-depth interviews with key stakeholders, including Hatobangon leaders and community members, and a review of relevant local regulations and customary practices. Data were analyzed through thematic analysis to uncover patterns in how Hatobangon handles waqf land disputes and the challenges encountered in the process. The findings indicate that Hatobangon plays a central role in mediating disputes by combining customary law and social considerations. However, the effectiveness of this mediation process is hampered by several factors, including inadequate facilities, limited resources, and a lack of public trust in the customary dispute resolution mechanism. Despite these challenges, Hatobangon remains a key figure in ensuring that the outcomes of disputes reflect local cultural values and preserve community cohesion. This study provides new insights into the rarely examined role of Hatobangon in resolving waqf land disputes, highlighting the intersection of customary law and Islamic principles in rural conflict resolution. It adds to the body of literature on indigenous dispute mechanisms by focusing on the unique socio-cultural dynamics of Bangun Purba village. The research suggests that enhancing the resources and capacity of Hatobangon could improve the efficiency of dispute resolution in rural areas. Furthermore, increased community education and formalization of the waqf land dispute mechanism could strengthen public trust in this customary system, promoting social harmony and sustainable land management practices.
FATAL ABUSE AND LEGAL CONSEQUENCES: A CASE STUDY OF DECISION NUMBER 29/Pid.B/2023/PN Gns Wirayuda Yana, I Komang; Zaini, Zulfi Diane
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.45977

Abstract

This research explores the phenomenon of abuse as a persistent social issue, focusing on the legal regulation and accountability of perpetrators as outlined in Article 351 of the Criminal Code. Specifically, it examines the factors contributing to abuse resulting in fatal outcomes and the legal consequences for perpetrators, using decision number 29/Pid.B/2023/PN Gns as a case study. The study adopts a normative juridical method to analyze the provisions of Law Number 1 of 1964 concerning the Criminal Code. It employs both normative and empirical juridical approaches, combining library research with field data collection through observations and interviews. Data analysis is conducted qualitatively, utilizing primary, secondary, and tertiary data sources. The research identifies situational and emotional factors, particularly jealousy, as primary causes of abuse leading to the victim's death. In the analyzed case, the Panel of Judges at the Gunungsugih Class 1 B District Court sentenced the perpetrator to six years of imprisonment, underscoring the accountability mechanisms enforced by the judicial system. This study provides a nuanced understanding of the interplay between emotional and situational triggers in abuse cases and the application of Article 351 in judicial decisions. By focusing on a specific case, it offers a detailed analysis of the legal process and its outcomes in addressing fatal abuse incidents. The findings highlight the need for targeted interventions to address emotional triggers, such as jealousy, and to enhance public awareness of the legal repercussions of abuse. Additionally, the study underscores the importance of rigorous application and interpretation of legal provisions to ensure justice and deterrence in cases of abuse.
THE TREND OF PEMALI PRACTICES IN PREVENTING MISFORTUNE IN MARRIAGE FROM MAQASHID SHARIAH PERSPECTIVE: A STUDY OF LUYO COMMUNITY BELIEFS Rafid. A, Noercholis
Al-Risalah VOLUME 24 NO 2, NOPEMBER (2024)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.49658

Abstract

This research aims to examine the traditional beliefs surrounding pemali in marriage practices within the Luyo community. Specifically, it explores the community’s understanding of pemali, the reasons behind these beliefs, and how they function as preventive measures to avoid misfortune or failure in marriage. The study investigates the cultural significance of pemali and its enduring influence on contemporary marriage rituals. The study employs a qualitative approach, using ethnographic methods such as participant observation and in-depth interviews with key informants from the Luyo community. Data were collected through fieldwork and analyzed thematically to uncover the underlying motivations and meanings attached to pemali practices. The research also draws on a literature review of similar cultural practices in Indonesia to provide a comparative analysis. The findings reveal that the Luyo community views pemali as a set of prohibitions imposed on brides and grooms to prevent calamities such as accidents or other misfortunes. These beliefs are deeply rooted in empirical experiences, either from personal encounters or the collective memory of the community. The study also highlights that pemali is perceived as a spiritual safeguard, with marriage seen as a long and sacred journey that is vulnerable to the interference of evil forces. Therefore, pemali serves as a protective measure to ensure marital success. This research contributes to the understanding of the persistence of traditional beliefs in modern marriage practices, specifically in the context of pemali. While previous studies have explored cultural beliefs in other regions of Indonesia, this study offers a unique focus on the Luyo community's specific practices and the experiential basis for their adherence. It provides new insights into how traditional beliefs are maintained and transmitted through generations in a contemporary setting. The study has implications for understanding the intersection of cultural traditions and modern life, particularly in the context of marriage. It sheds light on how communities like Luyo continue to rely on traditional preventive measures in marriage, which could influence both social practices and future research on cultural preservation. Additionally, these findings may inform local policymakers and cultural practitioners about the importance of integrating respect for traditional beliefs with evolving social norms.

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