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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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Dispensation of Marriage on the Grounds of Dating: A Case Study at the Sungai Penuh Religious Court in 2023 Artia, Eli; Zufriani; Iskandar, Nuzul
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.54857

Abstract

This study examines the judicial considerations in granting marriage dispensation at the Sungai Penuh Religious Court, particularly focusing on cases where applicants cited dating as a primary reason. The research aims to analyze the factors influencing judicial decisions beyond legal certainty, emphasizing the role of social and religious considerations. A qualitative case study approach was employed to provide an in-depth understanding of judicial decision-making. Data collection involved interviews with court clerks and an analysis of court decision documents to identify the key determinants shaping judges' rulings. The findings reveal that judges' decisions are not solely based on legal certainty but are influenced by multiple factors, including the physical and mental readiness of the prospective spouses, the duration of their relationship, and the urgency of the social context. The application of fiqh principles and maqāṣid sharī‘ah played a crucial role in ensuring that rulings prioritized the protection of children's lineage (nasab) and the prevention of adultery. This study offers a unique perspective on marriage dispensation by highlighting the intersection of legal, social, and religious considerations in judicial decision-making. It contributes to the broader discourse on Islamic family law in Indonesia and the evolving role of judges in applying fiqh-based principles to contemporary issues. The findings provide valuable insights for legal practitioners, policymakers, and scholars in understanding the dynamics of marriage dispensation cases. This research can serve as a reference for future studies on judicial discretion and the implementation of Islamic legal principles in Indonesia's religious courts.
The Role of Situa-Tua in Divorce Mediation: A Study of Customary Dispute Resolution in Desa Karing, Kecamatan Berampu, Kabupaten Dairi Nasution, Rakha Dzaky Irvi; Syahputra, Akmaluddin
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.55160

Abstract

This study examines the role of Situa-Tua in mediating divorce cases in Desa Karing, Kecamatan Berampu, Kabupaten Dairi, with a focus on customary and religious approaches. The research aims to analyze the effectiveness of Situa-Tua in reducing divorce rates and resolving marital disputes outside the formal judicial system. Using a qualitative approach, this study employs in-depth interviews with Situa-Tua, religious leaders, and community members, as well as direct observation of the mediation process. The data were analyzed using an interpretive method to understand the strategies and challenges faced by Situa-Tua in handling divorce cases. The findings indicate that Situa-Tua primarily mediate through spiritual counseling and family involvement, following the principles outlined in Q.S. An-Nisa: 35. Their approach emphasizes privacy, cost efficiency, and reconciliation, making it a preferred alternative to litigation. However, the success of mediation depends on the willingness of both parties to cooperate and adhere to religious and customary values. This study contributes to the existing literature by highlighting the integration of customary and Islamic mediation practices in divorce resolution. Unlike formal legal proceedings, Situa-Tua mediation fosters a communal approach to dispute resolution, reinforcing local traditions and religious teachings. The findings suggest that strengthening non-litigation mediation mechanisms, particularly those rooted in local wisdom, can enhance social harmony and reduce the burden on religious courts. Future studies should explore the applicability of this model in other cultural contexts.
The Effectiveness of Memorizing Islamic Doctrines as a Prerequisite for Marriage Registration: A Case Study in Teluk Pulai Dalam Village Yansyah, Muhammad Syafri; Firmansyah, Heri
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.55267

Abstract

This study aims to evaluate the effectiveness of requiring individuals to memorize the obligatory, impossible, and permissible attributes of Allah, along with the pillars of obligatory bathing, as a prerequisite for marriage registration in Teluk Pulai Dalam Village. Despite not being aligned with the provisions of Government Regulation No. 9 of 1975, this practice is widely implemented within the community. This research employs a qualitative subjective approach with an empirical juridical method. Field research was conducted to gather direct insights into the application and impact of memorizing theological and ritual requirements for marriage registration in Teluk Pulai Dalam Village, Kualuh Leidong Subdistrict. Findings indicate that the memorization requirement positively influences the local community. Although it does not comply with formal legal provisions, it enhances individuals’ understanding of Islamic theological principles and the correct procedures for obligatory bathing. As a result, worship practices within the community are perceived as more valid and spiritually meaningful. This study provides a unique perspective on the intersection of religious education and marriage registration practices outside formal state regulations. It highlights how local customs shape religious literacy and compliance with Islamic rituals. The research suggests that integrating religious education into marriage-related practices can strengthen community understanding of Islamic obligations. However, it also raises questions about the legal and administrative alignment of such practices with national regulations. Further studies may explore how similar initiatives can be harmonized with formal legal frameworks.
Legal Sanctions for Child Rape in Indonesia: A Comparative Study of National Law and Islamic Criminal Law Nasution, Muhammad Syauqi; Ramadani
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.55285

Abstract

This study examines the legal framework surrounding child rape cases in Indonesia by comparing national law and Islamic criminal law. The purpose of this research is to assess the effectiveness of existing legal sanctions and explore the relevance of Islamic principles, particularly hudud and ta’zir, in addressing such crimes. Given the severe psychological and social consequences for victims, an evaluation of whether current penalties provide sufficient deterrence and justice is necessary. This study employs a qualitative legal research methodology, utilizing a normative-juridical approach. Data collection includes an analysis of statutory regulations, court decisions, and Islamic legal principles. The study focuses on Putusan Nomor 1590/Pid.Sus/2023/PN.Mdn as a case study, alongside an examination of the Child Protection Law and Islamic criminal law doctrines. The findings reveal that both national and Islamic law recognize child rape as a grave offense requiring strict punishment. While Indonesian law mandates imprisonment for perpetrators, Islamic law prescribes hudud or ta’zir penalties, depending on the offender’s status. However, questions remain regarding whether national legal sanctions are adequate in providing justice and deterrence. This research offers an original contribution by bridging the gap between national law and Islamic criminal law in the context of child protection. It highlights the potential incorporation of ta’zir-based punishments into Indonesia’s legal framework to enhance judicial flexibility. The study’s implications suggest the need for legal reform to strengthen child protection laws by integrating principles of Islamic criminal law. This could ensure more effective deterrence and greater justice for victims.
Reevaluating Leadership Criteria in Village Governance: A Comparative Analysisof Law No. 3 of 2024 and Imam al-Mawardi’s Political Thought Saputra, Dion; Maimun; Susilo, Edi
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.55254

Abstract

This study examines the implementation of Article 33 of Law No. 3 of 2024 concerning village governance, analyzing its leadership eligibility criteria through the lens of Imam al-Mawardi’s political thought. The research aims to evaluate whether the existing legal framework adequately reflects the moral and intellectual standards emphasized in Islamic governance. Employing a qualitative approach with a normative juridical method, the study conducts a comparative analysis between the administrative and legal requirements for village head candidates and the leadership principles outlined by al-Mawardi. The findings reveal that while the law ensures compliance with legal and technical criteria, it lacks sufficient emphasis on moral integrity (‘adalah) and intellectual competence—two key qualities stressed by al-Mawardi. This research highlights the gap between modern legal frameworks and classical Islamic governance models, suggesting the need for a more comprehensive leadership selection process that integrates ethical and intellectual dimensions. The originality of this study lies in its critical assessment of contemporary village leadership regulations using classical Islamic political thought, offering a unique perspective on governance. The implications of these findings are significant for policymakers and scholars, as they emphasize the necessity of refining leadership criteria to align with both traditional Islamic values and modern governance needs.
Judicial Analysis of Defendant Acquittal in Human Exploitation Cases: A Study on Evidentiary Principles in Criminal Law Irvan; Panjaitan, Budi Sastra
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.55326

Abstract

This research analyzes the judicial considerations in Decision Number 555/Pid.Sus/2023/PN STB, which acquitted the former Regent of Langkat, TRPA, in a human exploitation case. The study evaluates whether the judges' reasoning aligns with the legal provisions of Law Number 21 of 2007 on the Eradication of Human Trafficking and Law Number 39 of 1999 on Human Rights. This study employs a normative juridical approach, focusing on court decisions, statutory regulations, and relevant legal theories in criminal law and human rights. The analysis is conducted through doctrinal research, examining the legal reasoning behind the verdict and its conformity with established legal principles. The findings indicate that the court ruled the indictment’s elements were not legally and convincingly proven. The judges based their decision on the principle of presumption of innocence, emphasizing the lack of sufficient evidence to establish the defendant’s direct involvement. The absence of mens rea (malicious intent), material benefits from exploitation, and direct participation in acts of violence further supported the acquittal. Additionally, accountability for the crime had already been attributed to another perpetrator in a prior ruling. This study contributes to the discourse on evidentiary standards and judicial reasoning in human exploitation cases. It offers a critical assessment of the challenges in prosecuting high-ranking officials and the legal gaps that may affect accountability in similar cases. The findings highlight the need for a more robust evidentiary framework in human exploitation trials, particularly in cases involving structural actors. The study suggests that legal reforms and enhanced prosecutorial strategies are necessary to prevent loopholes that could hinder justice in crimes of exploitation and human trafficking.
Postponing Pregnancy for Economic Reasons: An Islamic Juridical-Empirical Study in Air Genting Village, Asahan Putri, Fatia Aisyah; Irwan
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.55381

Abstract

This study aims to examine the perspectives of scholars in Asahan regarding the postponement of pregnancy due to economic factors and its implications for married couples in Air Genting Village. While Islam encourages procreation as part of the sunnah, couples often consider financial stability, health, and psychological readiness before deciding to have children. This research employs a qualitative field study with a juridical-empirical approach. Data were gathered through observations and in-depth interviews with married couples who have chosen to delay pregnancy, as well as discussions with local scholars to understand the Islamic legal perspective on this issue. The collected data were analyzed descriptively, with triangulation applied to ensure the validity of findings. The findings reveal that economic concerns, particularly the ability to provide for children’s basic needs such as food, education, and healthcare, are the primary reasons for delaying pregnancy. However, scholars from the Indonesian Ulema Council (MUI) in Asahan assert that postponing pregnancy for financial reasons is not permissible in Islam, as each child’s sustenance is believed to be guaranteed by Allah. Nonetheless, delaying pregnancy is considered acceptable if done for health-related reasons or to ensure maternal and child well-being through birth spacing. This study contributes to the discourse on Islamic family planning by providing empirical evidence on how economic factors influence reproductive decisions within the framework of Islamic law, specifically in the local context of Asahan. The study highlights the need for educational programs on pregnancy planning that align with Islamic teachings while addressing economic realities. Additionally, policymakers should consider strategies to improve the economic welfare of young couples, enabling them to make informed reproductive choices without financial distress.
The Fear of Marriage in Islamic Legal Perspective: Religious Scholars’ Views on Unmarried Individuals in Asahan Regency Antika, Ade Sri; Mukhsin , Abd.
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.55382

Abstract

This study aims to explore the factors influencing individuals to choose not to marry and examine the perspectives of religious scholars in Asahan Regency regarding this decision. Employing an empirical approach with a sociological legal framework, this research utilizes a qualitative descriptive method. Primary data were collected through in-depth interviews with eight residents of Sei Renggas and five religious scholars in Asahan Regency, while secondary data were sourced from journals and relevant literature. The findings reveal that the decision to remain unmarried is primarily driven by fear, stemming from past relationship trauma, economic constraints, aspirations for career advancement or further education, and adverse family experiences. From an Islamic legal perspective, postponing marriage for economic reasons is permissible, as marriage law is contextualized based on individual circumstances. This study provides a nuanced understanding of the fear of marriage phenomenon within a specific socio-religious context. It highlights the interplay between personal, economic, and cultural factors in shaping marital decisions and contributes to the discourse on religious scholars’ roles in addressing such concerns. Addressing the fear of marriage in Asahan Regency requires a collaborative effort. Policymakers should develop marriage education programs that emphasize mental, economic, and social preparedness while expanding access to premarital counseling. Religious scholars must offer balanced guidance on marriage rulings, providing appropriate solutions for those hesitant to marry. Additionally, the community should foster a supportive environment by reducing the stigma against unmarried individuals and promoting open family communication to prevent intergenerational trauma. A coordinated approach among the government, religious scholars, and society is essential to fostering a more informed and constructive discourse on marriage.
Digital Transformation in Marriage Administration: Evaluating the Implementation of SIMKAH at KUA Medan Barat Hawani Jannah, Fithra; Sukiati
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.55635

Abstract

This study examines the implementation of the Marriage Management Information System (SIMKAH) at KUA Medan Barat, focusing on its effectiveness in modernizing marriage registration and administration. The research identifies key challenges in the system’s application and evaluates the extent to which SIMKAH complies with regulatory frameworks, particularly the Instruction of the Director General of Islamic Community Guidance No. DJ.II/369 of 2013 and KMA RI No. 829 of 2019. A qualitative approach was employed, utilizing case study research at KUA Medan Barat. Data were collected through interviews with KUA officials, document analysis, and direct observation of SIMKAH’s operational processes. The study also examined regulatory documents and technical guidelines to assess the system’s implementation. Findings indicate that while SIMKAH has successfully standardized and digitized marriage registration, several challenges persist. These include discrepancies in bride and groom data, falsification of divorce certificates, canceled marriage registrations due to family conflicts, and technical issues such as network disruptions. To mitigate these issues, KUA Medan Barat has implemented measures such as stricter document verification, requiring couples to correct discrepancies at civil registration offices, and promoting early registration to avoid last-minute complications. This study contributes to the literature by providing a comprehensive evaluation of SIMKAH’s practical implementation at the local level. Unlike previous research that broadly discusses digitalization in marriage registration, this study offers an in-depth analysis of the specific challenges faced by KUA Medan Barat and proposes practical solutions for improving SIMKAH’s efficiency. The findings highlight the need for continuous improvements in digital marriage registration systems, including enhanced data security measures, better infrastructure to prevent technical disruptions, and more extensive public outreach programs. The study also suggests that future research should explore SIMKAH’s implementation in other regions to develop a more generalized framework for optimizing digital marriage administration in Indonesia.
Cryptocurrency in Islamic Economics: A Critical Analysis of Dogecoin’s Compliance with Sharia Principles Qiestha Khaira, Haba; Irawan, Anggi; Tamam, Munjir
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.55707

Abstract

This study examines the characteristics of Dogecoin within the framework of Islamic economics, assessing its compliance with principles such as fairness, transparency, and the prohibition of gharar, maisir, and riba. The research aims to determine whether Dogecoin can function as a legitimate medium of exchange under Islamic financial ethics. A descriptive-analytical approach is employed, focusing on key aspects of Dogecoin, including its volatility, anonymity, and transactional utility. The analysis is grounded in Islamic economic principles, evaluating the extent to which Dogecoin aligns with or deviates from these ethical and legal standards. The findings indicate that while Dogecoin leverages blockchain technology to provide transparency and enhance financial inclusion, its high market volatility and speculative nature pose challenges to meeting Islamic economic principles. These factors contribute to uncertainty (gharar) and speculative risk (maisir), raising concerns about its permissibility in Islamic finance. This study contributes to the discourse on cryptocurrency in Islamic economics by offering a focused analysis of Dogecoin, a digital asset often overlooked in scholarly discussions. It provides a nuanced evaluation of how emerging financial technologies interact with Islamic financial ethics. The study underscores the need for Islamic-based regulatory frameworks and financial literacy initiatives to ensure responsible engagement with cryptocurrencies. Policymakers and scholars must work toward guidelines that balance innovation with ethical considerations, fostering a financial environment that aligns with Islamic values.

Page 12 of 19 | Total Record : 183

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