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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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An Analysis of Islamic Criminal Justice Regarding the Validity of Audio Recordings as Evidence Risna Dayanti; Zulkarnain
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.59773

Abstract

This study examines the validity of audio recordings as evidence in both Indonesian criminal law and Islamic criminal law, in response to technological advancements in legal proof mechanisms. The objective is to explore how audio recordings are recognized and positioned within these two legal systems. The research employs a normative juridical approach through a literature review. The findings indicate that audio recordings are legally recognized as electronic evidence in positive law under Law No. 1 of 2024 concerning Electronic Information and Transactions, although they are not explicitly regulated in the Indonesian Criminal Procedure Code (KUHAP). In Islamic criminal law, audio recordings can be accepted as qarinah (strong indication) or bayyinah (clear evidence), particularly in taʿzir cases, provided they meet authenticity requirements and do not contradict the principles of sharia justice. This study underscores the importance of integrating positive law with Islamic legal values to address the challenges of legal evidence in the digital era.
Legal Authority of Religious Courts in Annulment of Land Sale Deeds in Indonesia: Jurisdictional Overlaps and Legal Implications Hayaza, Maria; Idrus, Muammar Alay; Kholidi, M.
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.60125

Abstract

The Religious Court (Pengadilan Agama) and the District Court (Pengadilan Negeri) exercise distinct jurisdictions in civil matters, yet jurisdictional ambiguity often arises in cases involving sale and purchase deeds. In Indonesian civil law, such deeds are crucial legal instruments serving as definitive proof of the transfer of ownership rights. The core legal controversy lies in whether the Religious Court possesses the authority to annul sale and purchase deeds—a matter traditionally under the District Court’s jurisdiction. This study critically examines the authority of the Religious Court in such annulments and the ensuing legal consequences. Employing a normative juridical method with a descriptive-analytical and case approach, the research reveals that while annulment should formally fall under the District Court, the Religious Court may adjudicate when the parties are Muslims. Such annulments carry significant implications, including the restitution of land rights to the aggrieved party and the potential for compensation claims.
The Obligation of a Father in Fulfilling Nafaqah Māḍiyah and Nafaqah Ḥaḍānah for Children Post-Divorce in Relation to Relevant Legal Regulations Agung Ramadhan Seli; Hazar Kusmayanti; Yani Pujiwati
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.60169

Abstract

Nafaqah Māḍiyah and Nafaqah Ḥaḍānah are obligations of a father towards his children post-divorce, as regulated in the Compilation of Islamic Law (KHI) and Law Number 1 of 1974 on Marriage. This study aims to examine the legal consequences of a father’s failure to fulfill these obligations based on the Bogor Religious Court Decision Number 1147/Pdt.G/2023/PA.Bgr. The research employs a normative juridical approach with a descriptive-analytical method, analyzing primary, secondary, and tertiary legal materials through library research. The findings indicate that the judicial panel provided legal protection by partially granting the plaintiff’s claim, ordering past maintenance of Rp300,000,000 as compensation for the father’s negligence since the divorce on November 14, 2017, and Nafaqah Ḥaḍānah of Rp7,000,000 per child per month with a 10% annual increase until the children reach 21 years of age. However, because the judge did not request additional evidence, such as the defendant's financial records, the amount of Māḍiyah alimony granted was far less than the plaintiff's claim of Rp854,924,200.
Bridging National and Islamic Criminal Law in Addressing Online Gambling: A Criminological Case Study from Deli Serdang Muhammad Saropi Satria Komba; Rajin Sitepu
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.60559

Abstract

The advancement of internet infrastructure and digital services has facilitated easier access to online gambling, including in Deli Serdang Regency, North Sumatra. This study aims to analyze the regulation of online gambling under national criminal law and Islamic criminal law, as well as to examine the social phenomena surrounding offenders in the region. The research employs a juridical-empirical approach, combining a literature review of relevant laws and academic works with interviews involving stakeholders and online gambling offenders. The findings reveal that most offenders are male, aged 18–35, from lower-middle economic backgrounds, and access online gambling platforms via mobile devices. The primary motivations include the pursuit of instant financial gain and the desire to escape life pressures. The impacts encompass family financial losses, psychological stress, and the potential involvement in other criminal activities. Under national criminal law, online gambling constitutes a prohibited offense subject to criminal sanctions, whereas under Islamic criminal law, it is subject to ta‘zīr punishments determined by the government or judicial authorities. Law enforcement at the local level remains limited due to inadequate digital monitoring and public awareness efforts. The study recommends enhancing synergy between local governments, law enforcement agencies, educational institutions, and religious leaders through education programs, digital monitoring, strict enforcement of sanctions, and social assistance for vulnerable individuals.
Additional Charges in Sales Transactions via QRIS: A Sharia Economic Law Perspective at Aini Cake Shop Sagita Auranti; Anggi Irawan; Musthofa, Ahmad Misbakh Zainul
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.60605

Abstract

The Quick Response Code Indonesian Standard (QRIS) is a QR code-based payment system that integrates various codes from different payment service providers, enabling micro, small, and medium enterprises (MSMEs) to conduct transactions using a single code. This study aims to analyze the practice of adding fees to sales transactions using QRIS from the perspectives of Indonesian Positive Law and Sharia Economic Law. The research employs a qualitative method with a literature review approach, drawing on books, journals, scholarly works, and other relevant sources. The analysis examines the concept of ijarah as a contract for the use of services—either as rent for the benefit of goods or wages for labor—and the legal provisions for additional charges in non-cash transactions. The findings indicate that, from the perspective of Sharia Economic Law, additional fees are permissible if they meet the principles of fairness, transparency, and compliance with Sharia, as service providers are entitled to compensation for the services rendered. Meanwhile, under Indonesian Positive Law, such practices must adhere to consumer protection regulations and cost transparency requirements. Therefore, additional fees in QRIS transactions can be deemed acceptable as long as they comply with the legal principles of both systems.
Legal Consequences of Nominee Agreements Due to the Death of the Beneficial According to Statutory Regulations Rambe, Zahra Khairunnisa; Budhiawan, Adlin
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.60936

Abstract

This study examines the legal consequences of nominee agreements when the heir passes away, an issue that remains ambiguous under Indonesian civil law. The research problem arises from the tension between the principle of freedom of contract and the prohibition of legal circumvention through nominee arrangements, particularly in relation to land ownership by foreign nationals. Unlike previous studies that primarily focused on the validity or enforceability of nominee agreements, this research introduces a novel perspective by systematically analyzing the legal implications of termination due to death within the framework of inheritance law and contract annulment. Employing a normative juridical method, the study explores statutory provisions, legal doctrines, and relevant court decisions. The findings indicate that nominee agreements, although often satisfying the formal elements of a contract, frequently contravene the principles of lawful cause and good faith, thereby rendering them void ab initio. Upon the death of the heir, neither the heir nor their successors retain enforceable rights, while the nominee remains the de jure owner. This situation creates legal uncertainty and inheritance disputes. The study concludes that such agreements fail to provide legal protection and instead burden the judiciary with disputes that undermine legal certainty. These findings underscore the necessity for harmonization and reform of Indonesian civil law to ensure certainty, justice, and alignment with contemporary business practices.
Child Custody Due to Wife’s Mental Disorder: A Maqashid Shariah Perspective Analysis Villiana, Charly Octa; Fauzi, Mohammad Yasir; Hermanto, Agus
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.61091

Abstract

This study aims to explore the underlying considerations of the panel of judges in delivering a verdict on the case Number 381/Pdt.G/2024/PA.Tnk and to review it from the perspective of maqashid shariah. This research uses a qualitative method, is descriptive-analytical in nature, and employs a library research approach. The data is analyzed using the perspective maqashid shariah to assess the welfare of the child if raised by the father. The findings of this study reveal that the judge decided to grant hadhanah (custody) to the plaintiff (husband) until the children reach adulthood. One of the key considerations for this decision was the concern for the health and safety of the children while they were under the care of the defendant (wife), who was diagnosed with a mental disorder, rendering her unable to properly care for and educate the children. From the perspective of maqashid shariah, the transfer of custody to the plaintiff (husband) is clearly intended for the benefit of the children. This falls under the maqashid sharia daruriyyat (essential objectives), which include the preservation of religion, life, intellect, lineage, and wealth of the child. The analysis through the lens of maqashid sharia makes a significant academic contribution by framing the decision within the context of preserving the essential values (daruriyyat), namely the protection of the child’s religion, life, intellect, lineage, and wealth. This approach enriches the study of Islamic family law by affirming the relevance of maqashid shariah principles in the legal decision-making process, thus offering a more comprehensive perspective.
Legal Protection for Land Rights Holders Against Mapping (Plotting) Errors in Electronic Land Certificates Damayanti, Retno; Kurniati, Nia; Rubiati, Betty
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.61619

Abstract

The digital transformation of Indonesia’s land administration through electronic land certificates aims to improve transparency and legal certainty. However, spatial plotting errors remain a critical obstacle that undermines the certificates’ validity and public trust. This study examines the legal validity of electronic certificates containing plotting errors and the forms of legal protection available to rights holders within the framework of digital land governance. Using a normative juridical method with statutory, conceptual, and case approaches, the research reveals that such errors weaken the material legal force of certificates, as they no longer reflect actual land boundaries. The study’s novelty lies in its integration of digital accountability and administrative law principles, highlighting the state’s responsibility to ensure data accuracy and equitable protection in electronic land registration.
The Position of the Wife as the Primary Breadwinner in the Division of Joint Property: A Legal Review of Decision No. 2388/Pdt.G/2023/PA.Im Nasution, Zulkifli; Dhiauddin Tanjung; Hasan Matsum
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.61691

Abstract

The shifting role of wives as primary breadwinners within families has become increasingly evident, yet this reality remains insufficiently recognized in the division of joint property upon divorce. Article 97 of the Compilation of Islamic Law (KHI), which mandates equal division, often fails to reflect actual economic contributions, particularly when the wife plays a dominant financial role. Addressing this gap, this normative legal research adopts a qualitative approach through a literature study, utilizing primary legal sources (court decisions, the Marriage Law, KHI, the Qur’an, Hadith, and fiqh principles) and secondary sources (fiqh texts, legal theories, and academic journals). The findings from the Religious Court Decision of Indramayu No. 2388/Pdt.G/2023/PA.Im show that the judges took a progressive stance by allocating 60% of the joint property to the wife and 40% to the husband, though the proportion still falls short of representing the wife’s significant economic contribution as she worked in Hong Kong and financed most of the home construction. From an Islamic legal perspective, justice implies proportionality rather than mere equality, aligning with the concept of syirkah (partnership) and the principles of maqāṣid al-syarī‘ah, which emphasize the protection of property and women’s rights. This study contributes to the reinterpretation of Article 97 of the KHI to be more responsive to contemporary social realities and calls for progressive ijtihād among judges to realize substantive justice in the division of joint property.
Legal Protection for Girl Victims of Human Trafficking for Prostitution Yuda, Debila Majesa; Kayus Kayouan L
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.58925

Abstract

Human trafficking for prostitution is a form of transnational crime that has serious impacts, especially for girls as the most vulnerable group. This study aims to examine the form of legal protection provided to female victims of human trafficking for prostitution, both within the scope of national law and international law. The research method used is normative juridical with a regulatory approach, contextual approach, and case approach. The data used is secondary qualitative data, obtained through a literature review of regulations, legal literature, and court decisions. The results of the study indicate that although normatively there have been various legal instruments that regulate the protection of children from human trafficking practices, implementation in the field still faces a number of challenges, such as weak law enforcement, minimal recovery for victims, and suboptimal relations between institutions. Therefore, it is necessary to strengthen protection policies, increase the capacity of law enforcement officers, and recovery based on victim rights so that legal protection for female victims of human trafficking for prostitution can be realized effectively.

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