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Al-'Adl

al-adl
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Published by Institut Agama Islam Negeri Kendari

ISSN : 19794916 EISSN : 26155540 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice Social Sciences

Jurnal Al-'Adl merupakan Jurnal Ilmiah yang diterbitkan oleh Fakultas Syariah IAIN Kendari. Al-'Adl secara spesifik mempublikasikan tulisan ilmiah baik naskah ilmiah maupun hasil penelitian yang berorientasi pada masalah hukum Islam dan pranata sosial serta kajian keislaman lainnya.

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Articles 10 Documents

Search results for , issue "Vol 12, No 1 (2019): Al-'Adl" : 10 Documents clear

POLA PENANGGULANGAN KERUSAKAN LINGKUNGAN EFEK EKSPLORASI DAN PRODUKSI TAMBANG NIKEL PT. SAMBAS MINERALS MINING DAN PT. MACIKA MADA MADANA (Studi Kasus: Kec. Palangga Selatan, Kab. Konawe Selatan) Adenisatrawan Adenisatrawan; Yogi Indra Yadin
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

In this paper describes the pattern of environmental damage mitigation effects of nickel mining exploration and production PT. Sambas Minerals Mining and PT. Macika Mada Madana in South Palangga District, Konawe Selatan District. The research objective is to describe the effects of nickel mining exploration and production effects, damage control patterns, how to ensure damage to the target is right or not, and sustainable environmental damage management patterns. This type of research is a qualitative method with a descriptive approach. Qualitative studies pay attention to processes, events, and authenticity. The type of data used in this study is primary data which is data obtained directly from the first sources. The unit of analysis is the people of the South Palangga District and the community. The researcher used a purposive technique in selecting informants. The informants were the village head and the head of farmer groups and fishermen in South Palangga District, the seat manager/summit of the mining company and the Head of the Konawe Selatan Mining Office. Data collection techniques are structured interviews, participatory observation. Steps for analyzing data obtained in the field are recorded or recorded in narrative form. Then data reduction, selection and concentration processes. The final step is drawing conclusions and verification. From the results of the study concluded, the effects of mining exploration and production give rise, high flood volumes in each rainy season come, siltation of rivers, sandy rice fields, decreasing volume of well water, increasing pests of pigs and monkeys due to increasingly narrow forests, cattle feed space increasingly narrow, especially in the coastal communities seaweed farmers stopped completely, and the fishermen looking for fish were getting farther away, as well as erosion and sedimentation. replacement of land losses, royalty, watering, making pond sediments, closing former extraction of material ore/nickel and reclamation and reforestation and the construction of community facilities and infrastructure, such as the manufacture of dug and fertile drill wells. To ensure effective prevention by prioritizing the principles of transparency and accountability, as well as overcoming sustainable environmental damage through post-mining reclamation and afforestation.

REVIEW TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG STATUS ANAK DI LUAR NIKAH A Zamakhsyari Baharuddin
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Indonesia was astonished by the Constitutional Court ruling relating to the status of a child outside of a legal marriage. Although it is considered not the main intention of the Constitutional Court members to legalize adultery, many people predict this will lead to many wrong interpretations and lead to the opening of very wide space to the practice of adultery. The main reason behind the verdict was to protect the status of children born out of legitimate marriages and their human rights because in truth they did not know what caused them to lose the rights that normal children should have. born into a legal marriage, and what befalls them is not in their power, but in their parents. So, if there is revocation of the right to a certain act, their parents' rights must be revoked. Muslims who are very opposed to the practice of adultery, and matters relating to it, driven by the scholars who are concerned with the verdict, raise their voices with their voices to reject decision No. 46 / PUU-VIII / 2010. Based on the principle of sadd-adz-dzari'ah, the majority of Muslims firmly reject the ruling, based on the aim of closing meetings for opportunities for the spread of adultery practices.

KONSEPSI TALFIQ DALAM FIQH ISLAM Ahmad Baharuddin
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Tulisan ini menampilkan sejauh mana varian pandangan dapat dijadikan pembolehan “mencomot” setiap pilihan padangan yang ada yang tidak perna dikemukakan oleh ulama seperti wudhu versi Syafi’I, tapi batal mengikut Hanafi dengan memilih yang paling ringan yang dikenal dengan talfiq. Tulisan ini merupakan penelitian deskriptif kualitatif dengan pendekatan holistic, yuridis nomatif. Tulisan ini menunjukkan adanya pebedaan hukum oleh ulama berkaitan dengan talfiq. Setidaknya ada tiga pandangan untuk itu, yaitu pertama, Haram mutlak bertalfiq, kedua, halal, dan ketiga, halal dengan bersyarat. Hasilnya perlu ada pemahaman yang baik mengenai varian pandangan ulama dengan memilih berdasar pada relevansi hukum sesuai realitasi keindonesiaan.

POLITIK HUKUM KELUARGA ISLAM DI TUNISIA Ismail Marzuki; Lathifah Munawaroh
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

This paper discusses political Islamic family law in Tunisia. The stretch of political Islamic family law in Tunisia was seen after they were separated from the Ottoman Turks. Some Tunisian jurists think of making a legal codification based on Maliki madzhab. Besides that political domination by the Ottoman Turks and France has given color to the legal culture in Tunisia, even further influencing its laws. This paper shows several things: First is that Tunisia in carrying out its family's legal politics was influenced by Maliki and Hanafi madzhab (intra-doctrinal reform).Second, the political Islamic family law in Tunisia also contains rules that are not found in the Sunni madzhab (extra-doctrinal reform). Third, the political Islamic family law in Tunisia also uses a pattern of amendments and modifications to laws (regulatory reform). Fourth, Tunisia also conducts the codification that can be seen from the effort to codify Islamic law in al-Majallah fil Ahwal al-Syakhsiyyah lil Jumhuriyyah al-Tunisiyyah.

TINJAUAN YURIDIS TRANSFORMASI KONSTITUSI INDONESIA La Ode Muhammad Iman Abdi Anantomo Uke
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The term Constitution comes from the French language (constitution) which is forming, which means the formation of a State or composing and declaring a State. Another term is constitution (English) or gronwet (Dutch) which means the Constitution. According to Sri Soemantri in his dissertation, there is not a single country in the world today that does not have a constitution or constitution. Indonesia is a country that has a constitution as the basis of the state. The constitution in a country always changes according to the times. In Indonesia, the history of constitutional development has changed several times, so that other legislation that is inferior must also change. Therefore, the transformation of the Indonesian state constitution can be judicially reviewed to see the development of the constitution which began in 1945.

HIBAH HARTA BERSAMA KEPADA ANAK SETELAH PERCERAIAN (Studi Kasus Putusan No.436/Pdt.G/2009/PA.Mks) Nur Hidayah
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

One of the disputes that often occur as a result of divorce is shared marrital asset between husband and wife beside that cost of living for the child. This study aims to find out the position of marrital asset granted to children after the divorce and consideration of the judge in issuing a peace decision regarding the demands of child labor and sharing of marrital assets. This research was conducted in the Makassar 1A Religious Court, and the Law and islamic Faculty of the State Islamic University in the fiqh section. The type of research used was legal approach juridical research method, namely the approach to problems based on Islamic Law Compilation rules and existing interview data . Data obtained in the form of primary data and secondary data then analyzed qualitatively. Qualitative analysis is used to analyze data that is descriptive in nature including the results of interviews with judges in the Makassar Class 1A Religious Court, and lecturers at the Faculty of Law and Syariah State Islamic University in fiqh as well as from books that are relevant to the problem under study. The results obtained by this study include that in granting grants with objects that are donated are objects of shared assets that can be carried out on children. However, before determining the object to be granted first, the judge releases all charges or purifies the joint assets. After that, do the joint property grant. Grants made to children must also pay attention to the conditions for conducting grants and 1/3 of marrital assets. As for the sharing of marital asset assets which should be divided into two according to the Compilation of Islamic Law and Law No. 1 of 1974 can be flexed based on the conditions of the parties or agreements made.

KONSEP COORPORATE SOCIAL RESPONSIBILITY DALAM MEWUJUDKAN KEADILAN DALAM PERSPEKTIF ISLAM Ardiansyah Ardiansyah
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The concept of Corporate Social Responsibility in Indonesia has not run effectively, CSR is a form of the company's commitment to participate in sustainable economic development to improve the quality of life and benefits that are beneficial, both for the company itself, the local community, and society in general. the implementation of CSR aims to enable the company to carry out its business activities properly and minimize the risks that arise from the surrounding community and from the environment in which they conduct business activities. This paper is a literary study that will raise the concept of CSR in relation to the concept of justice in Islamic perspective, from here the author tries to review this CSR concept with the concept of justice in Islamic perceptions where Islam is fair in all forms of business and business not just achieving profit for employers but also the responsibility to the community and the environment for balance.

BAYI TABUNG DALAM PANDANGAN ISLAM Muh. Idris
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The urgency of this study looks further at the current problem regarding IVF, which until now is still reaping polemics. The analytical method used is descriptive with the results of analysis of findings that legally, babies produced from insemination have two kinds, namely permitted with records of sperm taken from sperm originating from legitimate husband and wife, and planted in the womb of the wife (not the womb of people others) and is not permitted, if the donations are from other men as well as from other women. The author's views on IVF that it is okay provided that the sperm taken is sperm that comes from a legitimate husband and wife, and planted in the womb of the wife (not the womb of another person) and also handle it is a doctor who is an expert from women is not allowed and the opposite sex (man).

KONTRADIKTIF HADIS HUKUM ZIARAH KUBUR PERSPEKTIF FILSAFAT HUKUM ISLAM Nurhadi Nurhadi
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The tomb pilgrimage is to visit someone's grave with the intention of praying for him and take the lesson someday. Including sunnah pilgrimage to the tomb of the Prophet and will get intercession from him. In the beginning of Islam, the pilgrimage of the grave was forbidden by the Shari'ah. The wisdom of the prohibition of the grave pilgrimage before its disyari'at, namely because the companions of that period were still close to the time of ignorance. The purpose of the grave pilgrimage is to provide benefits to the grave pilgrims, namely to take ibrah, soften the heart, remind death and remind of the existence of the hereafter. Besides that it also benefits the inhabitants of the tomb, namely greetings (do'a) from the pilgrims. The law of pilgrimage is the sunnah. When the grave pilgrimage (do'a) salam to the grave expert, do not sit on the grave and step on it, do not slaughter animals in the grave, may not bernadzar to people who have died in the cemetery and so forth. The pilgrimage of the grave is not bid'ah because the Messenger of Allah made a pilgrimage to the grave of his mother.

KEKERASAN DALAM IMPLEMENTASI KELUARAGA BERENCANA (KB) TERHADAP PEREMPUAN DALAM PERSPEKTIF ISLAM Robiatul Adawiyah
Al-'Adl Vol 12, No 1 (2019): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

The Family Planning grows rapidly in Indonesia as the implementation of government policy. This program has been planned to improve Indonesian people’s prosperity. The effectiveness of this program has been driven by the involvemen of government and society in communication, education and information (KEI). However, there is a tendency that the successful program conceals another side of the coin, that is gender inequality. This article tries to highlight women participation in this program which is motivated by an ideology impacting on their way of life. The different social status of man and woman which places women on subordinate position and sets them as the fragile one has made them become suspectible of violence, including on reproduction organs, which the use is of a matter of individual right. On the other side, religion and patriarchal culture play significan role in improving women participation in this Family Planning.

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