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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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THE MEANING OF OFFSPRING AND THE SPOUSE SELECTION OF JAVANESE MUSLIMS IN SURABAYA BASED ON MAQASID SHARIAH Sabri, Fahruddin Ali
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.51049

Abstract

This article aims to examine the significance of offspring ancestry and the spouse selection for Javanese Muslims in Surabaya in particular how social and religious norms influence individual decisions regarding marriage. Javanese Muslim society has binding social norms for its adherents in marriage. This study uses an experimental ethnographic approach with interactive dialogue methods and participant observation for seven months. The findings of the study show that Javanese Muslims in Surabaya still emphasize that offspring in marriage with children is considered a valuable asset of the family and the existence of a household. The absence of children can be considered a disgrace that causes social stigma for spouses. In addition, Javanese Muslims consider it important to the spouse selection with the guidance of the norm of ‘bibit-bebet-bobot’ which involves consideration of offspring, social status, and character of the partner. Although individuals have the freedom to spouses selection, they are bound by social norms to adhere to them to avoid social conflicts and negative stigmas. Social norms that are practiced excessively or negligently cause harm to individuals in spouse selection, this is considered contrary to the principle of middle position in maqasid shariah. The implications of these findings suggest that social norms and constructions in Javanese Muslims are still strong and influence individual decisions in marriage. This study contributes to an understanding of how religious and social norms can shape cultural practices at the local level as well as their relevance in the context of Islamic and social norms.
SOLUTION TO STUNTING PREVENTION THROUGH PREMARITAL COUNSELING: A MAṢLAḤAH-BASED APPROACH IN KAMPUNG RAKYAT, LABUHANBATU SELATAN Kasanova, Aldi; Firmansyah, Heri
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.51647

Abstract

This study investigates the implementation of premarital counseling for engaged couples as a preventive measure against stunting from the perspective of maslahah (public interest). The research focuses on the efforts made by the Office of Religious Affairs (KUA) in Kampung Rakyat Subdistrict, Labuhanbatu Selatan Regency, in educating future spouses about stunting prevention. The research employs a qualitative approach, using a case study method to analyze the various strategies implemented by KUA in identifying, preventing, and addressing stunting cases among children in the region. Data were collected through interviews, observations, and document analysis to capture the role of KUA and its collaboration with health agencies. The findings highlight the pivotal role of KUA in providing essential education and guidance to prospective couples on stunting prevention. The strategies include offering premarital counseling, disseminating health information, and fostering partnerships with relevant health sectors to ensure adherence to applicable laws and regulations. The study also explores the positive outcomes and challenges of these initiatives in Desa Tanjung Medan, Kampung Rakyat. This research is novel in its integration of the maslahah principle into the evaluation of stunting prevention efforts within premarital counseling, offering a unique Islamic legal perspective on addressing public health concerns through religious guidance. The study suggests that strengthening KUA's role in stunting prevention through collaborative efforts with healthcare institutions can significantly enhance the effectiveness of premarital counseling programs. It also underscores the importance of aligning religious and public health initiatives to ensure better outcomes for future generations.
DOMESTIC VIOLENCE AS A CAUSE OF DIVORCE: A LEGAL ANALYSIS OF THE SIDIKALANG RELIGIOUS COURT CONSIDERING LAW NUMBER 23 OF 2004 Limbong, Abdul Kalam; Abd. Mukhsin
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.51737

Abstract

Domestic violence is a prevalent issue within families, often leading to divorce and posing challenges for resolution. This research investigates the factors contributing to divorce due to domestic violence in the Sidikalang Religious Court, in relation to Law Number 23 of 2004 on the Elimination of Domestic Violence. The study aims to explore the causes of domestic violence, its impact on marriages, and efforts to mitigate its occurrence. Employing a descriptive qualitative methodology, data was collected through interviews with key informants and analyzed within the framework of empirical juridical research. The findings reveal that domestic violence is defined by Law No. 23 of 2004 as any act causing physical, sexual, psychological harm, or neglect, including threats or coercion within the household. Key factors contributing to domestic violence include the husband's temperamental behavior, infidelity, arranged marriages, and external influences such as alcohol and gambling. Efforts to minimize domestic violence involve legal reforms, preventive measures, and both legal and non-legal interventions. This research provides an empirical understanding of domestic violence within the context of Indonesian law and highlights the importance of comprehensive strategies for its prevention. The originality of this study lies in its focus on case study legal research at the Sidikalang Religious Court, contributing valuable insights into the intersection of law and social phenomena. The findings underscore the need for a multi-faceted approach to address domestic violence, with implications for legal reform and policy development.
RELIGIOUS MODERATION IN COMPARATIVE MADHHAB CURRICULUM: A COMPARATIVE STUDY OF IAIN AMBON AND UIN ALAUDDIN MAKASSAR Nurdin, Roswati; Musgamy, Awaliyah; Thalhah; Ulath, Sanusi
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.51924

Abstract

This study aims to examine how religious moderation values are manifested in the curriculum of Comparative Fiqh study programs at IAIN Ambon and UIN Alauddin Makassar. It focuses on understanding how these values are embedded in the program’s vision and implemented across four dimensions: Ideological, Document, Process, and Outcome. This qualitative research uses a case study approach, analyzing documents such as institutional strategic plans, program curricula, and reports from IAIN Ambon and UIN Alauddin Makassar. Interviews with faculty members and program administrators were conducted to gain insights into the practical implementation of religious moderation within the curriculum. The data was analyzed thematically. The study found that both institutions incorporate religious moderation values, including tolerance (tasamuh), compassion (tarahum), cooperation (taawun), and harmony (rukun) into their Comparative Fiqh curricula. These values are reflected in the institutions’ visions, emphasizing multiculturalism and universal Islamic principles. However, the integration of these values varies slightly between the two universities, influenced by their distinct local contexts. This research provides original insights into how religious moderation is integrated into Islamic higher education curricula in Indonesia, specifically within Comparative Fiqh programs. It bridges the gap between Islamic educational theory and practice, offering new empirical evidence on the incorporation of moderation in curriculum development. The findings have significant implications for Islamic education policy, curriculum design, and teacher training, encouraging the integration of religious moderation values in educational practices to foster inclusive, tolerant, and peaceful academic environments.
CHALLENGES AND RESPONSIBILITIES OF MEDAN SOCIAL SERVICES: A CASE STUDY OF ARTICLE 105 KHI AND THE WELFARE OF ABANDONED CHILDREN Siagian, Muhammad Fahmi; Ja’far, Hasbullah
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.51973

Abstract

The purpose of this research is to examine the implementation of Article 105 of the Compilation of Islamic Law (KHI), focusing on the protection and support for abandoned underage children in Medan. Although Article 105 of KHI designates the mother as the primary guardian for minors, a significant number of children are still abandoned by their mothers, often left to live on the streets. The Medan Social Services Department, as a government agency, plays a critical role in addressing and reducing the prevalence of abandoned minors by providing essential support and care. A qualitative case study methodology was employed, with data collected through document analysis and interviews with officials at the Social Services Department of Medan. This approach allowed for an in-depth examination of the department’s responsibilities, the specific measures implemented to safeguard underage children, and the challenges encountered in fulfilling these duties. The findings reveal that while the Social Services Department in Medan works to implement Article 105 KHI by facilitating support services for neglected children, it faces substantial challenges, including limited resources, inadequate funding, and staffing shortages, which impact the effectiveness of care provided. These limitations highlight the need for ongoing development in both policy and practical support. This study contributes original insights into the operationalization of KHI regulations concerning child welfare in a municipal context, emphasizing the role of government intervention where parental responsibility is lacking. The implications suggest that increased resource allocation and inter-agency collaboration are necessary to enhance the protection of vulnerable minors, contributing valuable perspectives to both child welfare policy and Islamic legal studies on child guardianship.
ISLAMIC CRIMINAL LAW ON CHILD PROTECTION: ADDRESSING PARENTAL MALTREATMENT IN TANAH KARO Alfarizi, Ilham; Ramadani
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.52135

Abstract

This research aims to examine the application of Islamic criminal law in cases of child maltreatment by parents and assess the effectiveness of law enforcement by the Tanah Karo Police, specifically in relation to Law No. 35 of 2014 on Child Protection. The study seeks to highlight the alignment between Islamic law principles, which emphasize the protection of children, and Indonesia’s legal framework for child welfare. A qualitative approach was employed using a case study design. Data were collected through in-depth interviews, observations, and document analysis, providing comprehensive insights into the legal and social aspects of child maltreatment cases handled by the Tanah Karo Police. Findings indicate that Islamic criminal law views child maltreatment as a severe offense, prescribing punishments such as diyat (financial compensation) or hudud (fixed penalties) depending on the severity of the abuse. The Tanah Karo Police, in adherence to Article 76C of Law No. 35 of 2014 on Child Protection, has established collaborative efforts with the Office for Women's Empowerment and Child Protection as well as the Karo District Social Services to address and mitigate child maltreatment cases. This study provides a unique perspective on the integration of Islamic criminal law principles with national child protection laws, underscoring the role of law enforcement in bridging cultural, religious, and legal frameworks to protect children. The findings suggest that integrating Islamic law principles into the enforcement of child protection laws may strengthen the legal and moral mandate for child welfare, encouraging a more cohesive approach across different sectors of Indonesian society. This integration has the potential to improve collaboration between law enforcement and social services in cases of child maltreatment, enhancing support for victims and accountability for offenders.
BALANCING TRADITION AND PUBLIC HEALTH: THE AL-SHAFI'I PERSPECTIVE ON FEMALE CIRCUMCISION IN LIGHT OF PP NO. 28/2024 AND MUI FATWA NO. 9A/2008 Rambe, Sahri; Iwan
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.52545

Abstract

This research examines the regulatory and religious perspectives on female circumcision in Indonesia, focusing on the interplay between Peraturan Pemerintah (PP) No. 28/2024 and Fatwa Majelis Ulama Indonesia (MUI) No. 9A/2008. The study aims to analyze the compatibility of these regulations with Islamic traditions, particularly the Shafi'i school of thought, and assess their implications for women’s rights and health. A qualitative comparative approach was employed, utilizing document analysis of the two regulations alongside relevant Islamic jurisprudential sources. Data were further contextualized through a normative-juridical framework, allowing for an in-depth exploration of religious, legal, and public health considerations. The findings reveal significant tensions between the two regulatory frameworks. While the MUI fatwa permits female circumcision within safe procedural limits and aligns with Shafi'i jurisprudence, PP No. 28/2024 emphasizes the protection of women's physical and psychological health, categorizing female circumcision as potentially harmful. Both frameworks aim to safeguard women’s well-being, yet diverge in their application of this principle. This study contributes original insights by situating the debate within the broader discourse on the intersection of religion and modern regulatory systems in Indonesia. It highlights the need for a balanced approach that respects religious traditions while prioritizing women’s rights and health. The findings have significant implications for policymakers and religious leaders, suggesting the necessity of harmonizing religious practices with modern legal standards to address public health concerns and uphold human rights in a pluralistic society.
UMAR BIN KHATTAB'S PHILOSOPHICAL IJTIHAD THINKING ON THE RESTORATIVE JUSTICE APPROACH IN ISLAMIC CRIMINAL LAW Suhartati; Musyahid, Achmad; Sultan, Lomba; Syatar, Abdul
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.52557

Abstract

This study examined the depth of Caliph Umar bin Khattab's philosophical thinking in applying ijtihad in the context of Islamic criminal law, especially related to the restorative justice approach. By analyzing various policies and legal decisions taken by Umar, this study attempted to uncover the philosophical basis underlying the application of the principles of restorative justice in the Islamic justice system during his leadership by identifying the values of justice, humanity, and maslahah as the main pillars of Umar bin Khattab's ijtihad thinking in the context of restorative justice. Using a descriptive qualitative approach, this study examined primary and secondary sources, including fiqh books and modern literature on restorative justice. The results of the study showed that Umar's ijtihad was not only based on literal Sharia texts but also considered maslahat (benefit) and the social context of society. This could be seen in decisions such as the temporary suspension of the punishment of amputation of hands during a time of famine, which illustrated the law's flexibility in responding to emergencies.
THE LEGAL STATUS OF QADHA SALAT: COMPARATIVE PERSPECTIVES OF AL-WASHLIYAH AND MUHAMMADIYAH SCHOLARS IN ADDRESSING MODERN CHALLENGES Zakaria, Muhammad; Rasiqah, Fildza; Marpaung, Ariping; Nasution, Julaika; Mawaddah, Nadiyah
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.52672

Abstract

This study explores the differing perspectives of Al-Washliyah and Muhammadiyah scholars on the permissibility of qadha salat, particularly in the context of modern challenges such as traffic congestion. The purpose of this research is to compare the legal reasoning and methodologies of these two prominent Islamic organizations in addressing contemporary issues related to qadha salat, while examining their adherence to traditional jurisprudential principles. The methodology employed is a qualitative comparative analysis, drawing from primary sources such as fatwas and official statements issued by Al-Washliyah and Muhammadiyah, as well as secondary literature on Islamic jurisprudence. Data collection involved document analysis and thematic categorization of legal opinions, supported by a critical review of relevant Qur’anic verses, Hadith, and classical fiqh literature. The results reveal significant differences in interpretation: Al-Washliyah allows qadha salat under specific conditions aligned with the Syafi'i school, emphasizing situational factors like physical inability, whereas Muhammadiyah rejects qadha salat for traffic-related delays, citing the absence of textual evidence in the Qur'an and Hadith. These findings highlight the dynamic interplay between traditional jurisprudence and contextual ijtihad. The originality of this research lies in its focused examination of qadha salat through the lens of two influential organizations, contributing to the broader discourse on adapting Islamic law to modern contexts. The implications of this study are significant for scholars and practitioners of Islamic law, as it underscores the importance of contextual ijtihad in addressing contemporary issues while maintaining fidelity to foundational texts. This work offers a nuanced understanding for Muslim communities navigating similar dilemmas in their daily lives.
The Application of Minority Fiqh in Muslim Communities: A Case Study of Religious Adaptation in Tana Toraja Haddade, Abdul Wahid; Risal, Muhammad
Al-Risalah Vol 25 No 1 (2025): MAY (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.52606

Abstract

The concept of minority fiqh (fiqh al-aqalliyyat) addresses the unique challenges faced by Muslim communities living as minorities in non-Muslim-majority societies. Tana Toraja, a region in Indonesia with a predominantly Christian population, presents a distinct sociocultural context where Muslims must navigate religious practices while adapting to local customs. This study aims to examine the application of minority fiqh in the daily lives of the Muslim minority in Tana Toraja and explore how Islamic law is contextualized within this pluralistic society. Using a qualitative case study approach, data were collected through in-depth interviews with religious leaders and community members, participatory observations, and document analysis. The findings reveal that the Muslim community in Tana Toraja adopts a flexible approach to religious practices, particularly in matters of interfaith marriage, religious celebrations, and social interactions, emphasizing principles of maslahah (public interest) and tolerance. This study contributes to the existing literature by providing empirical insights into the practical implementation of minority fiqh in a unique cultural setting. The research highlights the importance of an adaptive and contextualized approach to Islamic jurisprudence to ensure the preservation of religious identity while fostering social harmony. These findings offer valuable implications for policymakers, religious scholars, and minority Muslim communities worldwide in addressing the complexities of religious coexistence in diverse societies.

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