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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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Inheritance Law in Egypt, Sudan, and Jordan: A Comparative Study of Systems and Implementation Kandriana, Muhammad; Sukardiawan, I Wayan; Rifaid, Muhammad; Arifin, Zainal; Wildan, Muhammad; Zuhrah
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.57241

Abstract

Inheritance law in Islamic legal systems exhibits unique characteristics shaped by religious doctrine, state policies, and socio-cultural dynamics. This study conducts a comparative analysis of inheritance law in Egypt, Sudan, and Jordan, focusing on legal sources, regulatory implementation, and practical challenges. By employing a normative juridical approach with comparative legal analysis, this research systematically examines legislation, court rulings, and scholarly literature to highlight variations in the application of Islamic inheritance principles across these jurisdictions. The findings reveal that while all three countries base their inheritance systems on Islamic law, significant differences emerge due to political, social, and cultural influences. Egypt integrates Islamic inheritance law with national regulations, reflecting modernization efforts, whereas Sudan maintains a fiqh-based system strongly influenced by customary law. Jordan, meanwhile, codifies Islamic inheritance law within its legal framework, with the Sharia Court playing a central role in dispute resolution. The comparative approach of this study underscores the adaptability of Islamic inheritance law in different legal environments and highlights the need for harmonization between religious principles and contemporary legal reforms. The findings carry important implications for future legal reforms, suggesting that policymakers should consider contextual adaptations to enhance inclusivity and responsiveness to social changes. This study contributes to comparative legal scholarship by offering insights into the dynamic interplay between Islamic law and national legal systems, while proposing recommendations for progressive inheritance law reform in Muslim-majority countries.
Exploring Iḥtikār (Hoarding) and Fraud in Football Ticketing: An Islamic Criminal Law Review Muhammad Faiz Abdullah; 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.58576

Abstract

This study investigates the growing phenomenon of ticket hoarding (Iḥtikār) and counterfeiting in Indonesian football matches, which causes significant harm to both consumers and event organizers. The purpose of this research is to analyse these practices from the perspectives of Islamic criminal law and Indonesian positive law, and to evaluate the legal sanctions applicable to such offenses. Employing a juridical-empirical method with a qualitative approach, data were collected through interviews, observation, and documentation, focusing on cases at Baharoeddin Siregar Stadium, Lubuk Pakam, North Sumatra. The findings reveal that ticket hoarding and forgery constitute jarīmah taʿzīr and iḥtikār in Islamic criminal law, due to elements of fraud, injustice, and public harm. Under Indonesian law, these acts violate provisions on trade monopolies and meet the criteria for fraud and forgery as defined in the Criminal Code (KUHP) and Law No. 7 of 2014. This research offers an original contribution by contextualizing Islamic criminal law in economic crime, highlighting the need for policy reform and stronger enforcement to combat illegal ticketing practices.
A Comparative Legal Analysis of Military Insubordination: Perspectives from National Law and Islamic Criminal Law Dede Kurniawan; 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.58582

Abstract

Military criminal offenses represent violations of hierarchical discipline, a foundational principle of the military system. This research examines the legal analysis of insubordination committed by military personnel from the perspective of Islamic criminal law. The primary objective of this study is to evaluate how the legal system—both positive law and Islamic criminal law—assesses the crime of insubordination within the military context. This study employs a qualitative normative juridical methodology, using a statute and conceptual approach to examine relevant legal provisions, including military criminal codes and Islamic jurisprudential sources. The findings reveal that insubordination is classified under Article 106 of the Indonesian Military Criminal Code (KUHPM) as a serious offense involving disobedience or resistance toward a superior officer. From the perspective of Islamic criminal law, such conduct is closely associated with jarīmat al-baghyu (rebellion) and is punishable under the category of ta‘zīr, which allows for discretionary sanctions such as imprisonment, dismissal, or other corrective measures. This study offers original insight by bridging the gap between formal military legal systems and Islamic legal thought, emphasizing the role of moral and ethical values in reinforcing military discipline. The implications suggest the potential for integrating ta‘zīr-based principles into Indonesia’s military justice system to enhance internal discipline through a framework grounded in justice, piety, and legal authority.
Criminal Responsibility for Mercenaries: A Comparative Study Between Islamic Criminal Law and International Criminal Law Brahmana, Febi Febonecci S.; 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.58863

Abstract

This study explores the issue of criminal responsibility for mercenaries, individuals who participate in armed conflicts for material gain, either through direct recruitment or as part of organized groups. The primary purpose of the research is to analyses how criminal liability for mercenary actions is conceptualized in both Islamic Criminal Law and International Criminal Law, given the complex legal challenges posed by their involvement in cross-border conflicts. The methodology employed is normative juridical with a comparative approach, analyzing relevant legal sources including the 1949 Geneva Convention Additional Protocols and primary Islamic legal texts. The study systematically compares how each legal system treats the criminal accountability of mercenaries based on their roles during conflict. The results reveal that under Islamic Criminal Law, mercenaries who engage in rebellion (bughāt) may be subject to capital punishment, as referenced in Qur’an Surah Al-Hujurat verse 9. In contrast, International Criminal Law treats mercenaries as individuals subject to the national laws of the country where the offense occurs (locus delicti), with limited recognition of mercenaries as combatants. The originality of this study lies in its comparative framing, bridging two distinct legal traditions that are rarely analyzed together in the context of modern warfare. The implications underscore the need for a more coherent and adaptive policy framework to address the transnational nature of mercenary activity and ensure equitable legal accountability across jurisdictions.
Aggravated Sanctions in Cases of Sexual Violence Against Persons with Disabilities: A Comparative Study of Positive Law and Islamic Criminal Law Soni Askar Sinaga; Syaddan Dintara Lubis
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.58881

Abstract

The phenomenon of sexual violence against persons with disabilities reveals a pattern of double vulnerability that demands stronger legal protection. This study aims to analyze and compare the aggravating sanctions imposed on perpetrators of sexual violence against persons with disabilities in both positive criminal law and Islamic criminal law. Employing a normative juridical method with a comparative approach, the research focuses on Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS) and the principles of Islamic criminal law related to jarīmah ta‘zīr and maqāṣid al-sharī‘ah. The findings indicate that positive criminal law explicitly provides for a one-third sentence enhancement when the victim is a person with a disability. However, in practice, the application of this provision remains inconsistent due to limited awareness among law enforcement officials. In contrast, Islamic criminal law, while not specifying persons with disabilities, allows for aggravated sanctions based on moral considerations and the imperative to protect vulnerable groups. Both legal systems share a common orientation toward victim protection and the realization of substantive justice. The originality of this study lies in its cross-system analysis that integrates normative legal review with theological perspectives on vulnerability. The research implies a need for stronger synergy between legal frameworks and judicial practice, advocating for enhanced training, clearer implementation guidelines, and the incorporation of Islamic legal principles to reinforce protections for persons with disabilities. Such integration could lead to a more inclusive and just criminal justice system.
Women’s Political Participation in Islamic Law: A Case Study of The West Aceh Legislative Council Kurdi; , Akhmad Ikraam
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.58922

Abstract

Women's involvement in politics at the national and local levels is an important aspect of democratic state administration. However, there is still a narrative that suggests that women should not be leaders because it is considered incompatible with Islamic principles. This study aims to analyze women's involvement in politics based on the perspective of Islamic law and to find out the reality of women's involvement in politics in the West Aceh District House of Representatives (DPRK). Using empirical legal research methods and a sociological approach, this study found that Islamic law actually allows women to be involved and occupy political positions in various lines of power if the aim is to achieve the public interest, as stated in Surah An-Nisa' verse 26. Women's involvement in politics can increase policy inclusiveness and realize gender equality. However, the reality on the ground shows that women's involvement in politics in the West Aceh DPRK is still low, at only 12% for the 2024-2029 period, far below the 30% threshold specified in Article 245 of the General Election Law. This is due to several factors, including a strong patriarchal culture, lack of support from political parties for female candidates, and inappropriate religious interpretations. Therefore, this study recommends the need for a more in-depth study of the Quran and hadith with attention to gender equality aspects, as well as advocacy to raise awareness of the importance of women's involvement in politics.
Legal Protection for Singers as Performers in the Indonesian Music Industry: A Case Study of the Copyright Dispute between Ari Bias and Agnez Mo Ahsan Ridho Faturahman; 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.59042

Abstract

This study investigates the legal reasoning underlying Decision No. 92/Pdt.Sus-HKI/Hak Cipta/2024/PN Niaga Jkt.Pst, which held singer Agnez Mo liable for copyright infringement, and examines the legal remedies available to performers under Indonesian copyright law. The purpose of this research is to evaluate the appropriateness of the court's interpretation regarding the responsibilities of performers in commercial music use, especially in the context of royalty obligations. Employing a normative legal research method, this study utilizes a statute approach and a case approach, drawing from primary legal sources such as Law No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021, along with relevant judicial decisions and academic commentary. The findings reveal two key results: first, the court's ruling failed to adequately consider the legal position and neighboring rights of performers as protected under Indonesian copyright law; second, performers—such as Agnez Mo—retain access to legal remedies, including cassation and judicial review, to challenge such rulings. The originality of this study lies in its critical legal analysis of a high-profile case that exposes the misapplication of statutory provisions concerning copyright and related rights. The implications of this research are significant for the development of clearer regulatory frameworks and for strengthening legal protections for performers in Indonesia’s creative industries.
The The Wadī'ah and Murābaḥah Contracts in Islamic Banking: The Recognized and the Unrecognized Legally Transformation Abdul Aziz, Jamal; Kholifah, Ayu
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.59093

Abstract

The mu’āmalah fiqhiyyah contracts that underlie Islamic bank products have transformed from their basic form. Problems arise when there are differences in treating the same form of transformation.  The purpose of this study is to construct the transformation of wadī'ah and murābaḥah contracts in savings and financing products at Islamic banks, then analyze them from the perspective of Islamic law. This research is qualitative, with the main data sources being literature and interviews with Islamic banking practitioners. Literature in the form of books and the results of previous research regarding contracts in Islamic bank products. The interviews were conducted with some managers of Islamic commercial banks (BSI Jakarta) and Islamic people's financing banks (BPRS BAS Purwokerto). Data analysis was carried out by the triangulation method. Wadī’ah contracts in savings products and murābaḥah sales and purchase contracts in financing products at Islamic banks have essentially undergone the same transformation, which is both transformed into contracts with debt substance (qarḍ) where several procedural indicators corroborate this. However, it turns out that Islamic banks are different in responding to it. The transformation in the wadī’ah contract is recognized through the application of procedural provisions on the wadī’ah savings product, while the transformation in the murābaḥah contract is not recognized, which is indicated by the justification of the profit (murābaḥah) received by the bank. This research provides a new perspective on the study of the transformation of mu’āmalah contracts in Islamic bank products, which has so far been rarely carried out.
Legal Accountability and Mental Illness: Revisiting the Criminal Responsibility Provisions in the 1946 and 2023 Indonesian Penal Codes Alwy Shihab Hidayah
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.59217

Abstract

This research aims to analyze the differences in provisions regarding criminal responsibility for individuals with mental disorders as outlined in the Old Indonesian Penal Code (KUHP 1946) and the New Indonesian Penal Code (KUHP 2023), as well as their implications for criminal justice practices. The purpose of the study is to evaluate how each legal framework addresses the accountability of mentally disordered offenders and to assess the legal system’s orientation toward justice and rehabilitation. The methodology employed is normative juridical, incorporating conceptual and statutory approaches. The analysis is based on primary legal materials—namely, the old and new KUHP—as well as secondary sources such as scholarly literature and legal commentaries. The results indicate that the old KUHP provided minimal regulation on offenders with mental illness, often leading to ambiguity in legal processes. In contrast, the new KUHP introduces more comprehensive provisions, explicitly stating that individuals with severe mental disorders are exempt from criminal punishment but may be subjected to medical or rehabilitative measures. The originality of this study lies in its focused comparison between two codifications within the same national legal tradition, highlighting legal evolution over time. The implications emphasize the importance of psychiatric evaluation in ensuring substantive justice and reflect a shift toward a more humane, restorative, and socially protective criminal justice system.
Legal Responsibility of Online Transport Platforms for Merchant Losses Due to Fictitious Orders by Online Transportation Drivers Perspective of Consumer Protection Law Aprialdi, Ferby; Rahmad Efendi
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.59224

Abstract

This study examines the legal responsibility of digital mobility platforms for merchant losses resulting from fictitious orders made by online transportation drivers, viewed from the perspective of consumer protection law. Using an empirical legal research method, the study combines normative analysis of laws such as the Consumer Protection Law and the ITE Law with field data obtained through interviews with the owner of the Burger Taqwa business. The findings reveal that fictitious orders often stem from weaknesses in the verification system and dishonest driver behavior. Although platforms like Gojek and Grab have implemented policies to delete fictitious orders and offer compensation, their enforcement is inconsistent and lacks transparency. Legal protections for merchants remain limited in practice, as the current regulatory and platform mechanisms prioritize end-consumers over business partners. The study highlights the need for stricter supervision, clearer legal accountability, and improved enforcement mechanisms to ensure fair protection for merchants in the digital economy ecosystem.

Page 15 of 19 | Total Record : 183

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