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 183 Documents
 11   12   13   14   15 
Comparative Analysis of Looting Crimes: A Legal Perspective from Indonesia’s Positive Criminal Law and Islamic Criminal Law Reza Fauzan; Imam Yazid
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.55815

Abstract

Looting is a serious criminal act that not only leads to material losses but also disrupts societal stability and security. This study aims to comparatively analyze the handling of looting crimes within Indonesia’s positive criminal law and Islamic criminal law to identify key differences and potential areas for legal integration. This research employs a qualitative approach with a normative juridical method, focusing on literature analysis, doctrinal studies, and relevant legal regulations. The study examines legal texts and interpretations to understand how looting is categorized and sanctioned within both legal frameworks. The findings indicate that under Indonesia’s positive criminal law, looting is classified as theft with violence under Article 365 of the Criminal Code (KUHP), with penalties in the form of imprisonment, adjusted based on the crime’s circumstances and impact. In contrast, Islamic criminal law categorizes looting as hirabah, a severe offense punishable by hudud sanctions, such as cross-amputation, to uphold maqasid shari’ah, ensuring the protection of religion, life, lineage, property, and intellect. The primary difference lies in the flexibility of sentencing in positive law versus the fixed and deterrent nature of Islamic law. This study provides a unique comparative perspective by analyzing both legal systems in the context of looting crimes. While existing research often examines these legal frameworks separately, this study explores their intersections and the potential for legal integration to enhance justice and crime prevention. The integration of Indonesia’s positive criminal law and Islamic criminal law could establish a more comprehensive, effective, and just legal framework for addressing looting crimes. By combining the proportional sentencing of positive law with the strong deterrence of Islamic law, policymakers may develop a more balanced approach to crime prevention and law enforcement.
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.
Regulatory Challenges and Legal Safeguards in Online Lending: Insights from OJK Regulation No. 10 of 2022 Wijaya, Bagas Satria; B, Erlina
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.v25i1.55001

Abstract

Online loan agreements are an innovation in digital financial services that offer ease of access and speed in transaction processes. However, this service also presents several challenges, such as the risk of personal data breaches and the widespread occurrence of illegal online lending. This study aims to examine online loan agreements based on the Financial Services Authority (OJK) Regulation Number 10 of 2022 concerning information technology-based joint funding services. The research employs a normative juridical approach through literature review and doctrinal analysis. The findings highlight the importance of digital financial literacy in helping the public understand their rights and obligations in online loan agreements. OJK regulations provide a legal framework for consumer protection, both preventively and repressively, including strict sanctions for violations. The synergy between public education and strong law enforcement is key to creating a safe, trustworthy, and sustainable online lending ecosystem.
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.
Meaningful Participation in Lawmaking: A Case Study Of The 2025 TNI Law Amendment Kurdi; R. Muhamad Ibnu Mazjah; Teuku Ahmad Dadek
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.v25i1.56574

Abstract

More meaningful community participation must be applied in the preparation of laws and regulations so that the resulting legal products are responsive or autonomous. Meaningful participation is not applied in the drafting of the TNI Bill. The purpose of this research is to find out the arrangement of meaningful participation in the formation of legislation based on the PUU Law. In addition, it is also to find out the application of meaningful participation in the formation of Law No. 3 of 2025 (TNI Law). This research method is normative juridical with a statutory and conceptual approach, using legal material collection techniques with literature studies. The results showed that meaningful participation is regulated in Article 96 of the PUU Law and must be applied in the drafting of laws and regulations, including the drafting of the TNI law. However, meaningful participation has not been applied perfectly in the drafting of the TNI Law, because public participation in its drafting is still limited to hearing their opinions in public consultation activities, but the legislators do not seriously consider the opinions of civil society, and also do not provide an explanation for the reasons for not using their opinions. In addition, it is difficult for the public to access the academic papers and draft of the TNI Bill because they are not uploaded on the DPR's official website.
Adaptability of Islamic Jurisprudence in Hajj: Comparative Study of Four Madhhabs in Technological Era Abdillah
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.v25i1.56627

Abstract

This study aims to examine how Islamic jurisprudence, particularly the four major Sunni schools (Hanafi, Maliki, Shafi’i, and Hanbali), adapts to contemporary transformations in Hajj practices. It explores the extent to which traditional rulings evolve in response to technological innovations, health protocols, and gender-related developments, especially the participation of women without a mahram. Employing a qualitative-comparative approach, this research analyzes classical fiqh texts alongside contemporary fatwas, official guidelines, and academic commentaries. Through the lens of ijtihad and maqāṣid al-sharī‘ah, the study critically assesses scholarly interpretations on issues such as electronic identification, mobile applications, surveillance systems, health measures, and modern transportation. Findings reveal that all four Sunni schools demonstrate varying degrees of flexibility in accommodating modern realities. While the Hanafi school maintains traditional restrictions in certain areas, the Maliki, Shafi’i, and Hanbali schools generally permit adaptations that prioritize safety, public interest, and ease of religious observance. Jurists increasingly accept the use of technology and revised travel norms, including the allowance for women to perform Hajj without a mahram under safe conditions. This research offers a comprehensive comparative analysis that integrates classical jurisprudence with modern contextual needs. It contributes to the growing discourse on how Islamic law remains relevant by evolving within the framework of maqāṣid al-sharī‘ah, particularly in a globalized and technologically advanced society. The study underscores the importance of dynamic legal reasoning in preserving both the sanctity and accessibility of Hajj. It supports the legitimacy of using ijtihad and contextual interpretation in contemporary Islamic legal thought, providing guidance for religious authorities, policymakers, and Muslim communities navigating modern pilgrimage challenges
An Islamic Criminal Law Perspective on Child Sexual Exploitation: Analysis of Verdict No. 40/Pid.Sus/2024/PN.SIM Arif Siregar, Anwar; 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.v25i1.56698

Abstract

This study aims to analyse the decision of the Simalungun District Court Number 40/Pid.Sus/2024/PN.SIM related to cases of sexual exploitation of children from the perspective of Islamic criminal law. In this case, the defendant was only sentenced to two years in prison, despite being proven to have knowingly exploited a minor through a digital application intermediary. This research uses a normative juridical approach by analysing legislation, Islamic criminal law literature, and court decisions. The results show that the verdict does not reflect substantive justice and is not in line with the principles of child protection in Law Number 35 of 2014 and maqāṣid al-sharī'ah. From an Islamic perspective, sexual exploitation of children is a serious offence that requires strict punishment to provide a deterrent effect. This research recommends the need for a fairer and more pro-victim legal approach to ensure optimal protection and benefit of children.
Talāq Kināyah in the Perspective of the Hanafi and Maliki Madhhabs: Implications for Contemporary Islamic Jurisprudence Mahdiana, Riska; Alamsyah; Pradikta, Hervin Yoki
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.v25i1.56847

Abstract

The purpose of this study is to examine and uncover the substantive views of the Hanafi and Maliki schools of thought regarding talak kinayah, to identify the similarities and differences between these two schools, and to analyze the legal implications of talak kinayah on contemporary fiqh. This study employs a qualitative research method. It is descriptive-comparative in nature and uses library research as its type of study. The data are analyzed through the perspective of maqashid shariah to observe the implications of talak kinayah on contemporary fiqh. The study finds that both Imams acknowledge that talak kinayah can be used to pronounce divorce, but they differ in the requirement of intention (niyyah); the Hanafi school assesses the validity of talak kinayah based on context and situation, whereas the Maliki school requires a clear intention or evident signs (qarinah). In contemporary practice, this difference influences the determination of divorce legal status, for example, in cases of verbal talak or those conveyed through electronic media. This study contributes to the development of Islamic family law and serves as a foundation for adaptive legal regulations addressing non-formal divorces in the contemporary era.
An Analytical Study on the Role of Local Government in the Resolution of Mining Blasting Disputes in Barito Selatan Regency Ikhsan, Syahrul; Sadiani; Putera, M. Luthfi Setiarno
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.v25i1.57075

Abstract

This article examines the role of the Local Government of Barito Selatan Regency in resolving disputes arising from blasting activities conducted by PT. Multi Tambang Jaya Utama. The study aims to assess the significant social and environmental impacts experienced by the surrounding community, which necessitated a prompt response from local authorities. Employing an empirical research method and a socio-legal approach, this study provides an in-depth analysis of the mediation process and dispute resolution strategies undertaken by the local government. The primary challenge encountered is structural, particularly concerning the limited authority of the local government over mining affairs following the enactment of Law No. 23 of 2014, which transferred most natural resource management powers to the central government. Nevertheless, the Local Government of Barito Selatan demonstrated initiative and commitment by establishing the Social Conflict Resolution Team (PKS). This team is tasked with facilitating dialogue between the company and the community, as well as formulating participatory and sustainable resolution measures. The findings indicate that despite limited authority, the active role of the local government remains crucial in maintaining social stability. Therefore, strengthening regulations, institutional support, and enhancing community participation are essential to achieving fair, inclusive, and sustainable dispute resolution.
Electoral Governance of Campaign Materials: The Role of Bawaslu in Regulating Campaign Materials (APK) During Pilkada 2024 in Barito Utara Kurniawan, Muhammad; Khair, Abdul; Putera, M. Luthfi Setiarno
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.v25i1.57106

Abstract

This study analyzes the role of the Election Supervisory Agency (Bawaslu) of Barito Utara Regency in regulating campaign materials (APK) during the 2024 regional elections (Pilkada) in Muara Teweh City. The widespread use of APKs often leads to environmental and aesthetic concerns, particularly due to their placement in locations that violate existing regulations. Bawaslu Barito Utara holds the authority to monitor and enforce the proper installation of APKs in accordance with the regulations set by the General Elections Commission (KPU) and Bawaslu itself. However, this study identifies several challenges, including limited resources, inadequate coordination with relevant stakeholders, and the ineffective implementation of sanctions. The research employs an empirical legal method using a socio-legal approach, involving observation, interviews with key stakeholders, and analysis of legal documents. The findings indicate that although Bawaslu has carried out supervisory duties, its effectiveness remains hindered by structural and operational factors. The study recommends strengthening Bawaslu’s institutional capacity, particularly in terms of resources, and improving regulations to enable more effective law enforcement in future elections. These findings are expected to contribute to the enhancement of democratic processes and electoral governance in Indonesia.

Page 13 of 19 | Total Record : 183

 11   12   13   14   15 

Filter by Year

2019 2026


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