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INDONESIA
Al-'Adl
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.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 16, No 1 (2023): Al-'Adl" : 7 Documents clear
The Impact of Mixed Marriage in Civil Law Review Djaoe, Andi Novita Mudriani; Bolo, Suriani Bt.; Baso, Fatihani
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.5203

Abstract

The article aims to reveal the complexities of mixed marriages between local people and mining workers (immigrants). The research method is a qualitative descriptive study that describes the impact of mixed marriages in mining areas in Southeast Sulawesi. The paper shows that mixed marriages are carried out in series without going through the applicable legal procedures. Mixed marriages are based on several aspects behind the legitimacy of providing a way for men (immigrants) as long as they can fulfil the traditional elements, pay for the customs, and are Muslim. Then mixed marriages took place, and it was their (women's) habit who see that immigrant workers could provide welfare. However, mixed marriage indirectly in civil terms means their marriage cannot be recognized and legalized.
Implications of The Revision of Law No. 16 of 2019 Againts the Practice of Child Marriage Iswandi, Iswandi; Yaqub, Andi
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.4578

Abstract

After the revision of Law No. 16 of 2019 concerning Marriage has implications for increasing child marriage by setting the age of 19 for women. The purpose of this study is to evaluate the existence of Law no. 16 of 2019 regarding the standardization of the age for child marriage. This type of literature exploration research with data collection is based on BPS census data from 2017-2020. The results of this study show that the practice of child marriage after the Marriage Law 2017 age <16 reached 16% and in 2018 dropped to 10%. However, in 2019 the age <16 increased by 14% and the age 17-18 was 23%, while in 2020 the age <16 increased to 15% and the age 17-18 decreased to 19%. The marriage presentation shows that due to the facto revision of the UUP it cannot minimize the practice of child marriage so it requires evaluation and consideration of the content of Law No. 16 of 2019 concerning Marriage.
Reviewing Islamic Criminal Punishment Views On Corruption Asset Confirmation Without Crimination Mustaufiq, Mustaufiq; Kurniati, Kurniati; Misbahuddin, Misbahuddin
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.5310

Abstract

The paper discusses the Islamic criminal system's views on confiscating corruptors’ assets, which has been proposed for a draft law since 2012. The confiscation of assets is a solution to provide a deterrent effect and restore state losses. This study uses library research methods with a normative approach to answering the question, "what is the view of Islamic crime on the concept of confiscation of assets without punishment?". The results state that the confiscation of assets resulting from criminal corruption is a form of ta'zir punishment that has been accommodated in Islamic criminal law, Islamic criminal law allows doubling corporal punishment and fines, to provide a deterrent effect on criminal offenders. Confiscation of assets has also fulfilled the essence of Islamic punishment in fulfilling the rights of Allah, rewarding in kind for the actions committed, and remorse that creates a desire to repent for the perpetrators.
Umar's Policy Specifications in Constitutional Law in Review of Siyasah Dusturiyyah Aspects Halimang, St.
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.4580

Abstract

The study aims to determine the specifications of Umar's policy in government from the perspective of siyasah dusturiyyah which is the development of Islamic legal thought. The results of the study show that the specifications of Umar's policy in government have the ability to direct the behavior of others, have certain skills that not everyone has, so that they can solve problems that arise in the life of mankind. Between the leader and the led there must be a synergy relationship, also between the people and the government in carrying out responsibilities. Umar's specifications in government have several principles, namely: (1) The application of legislation includes the benefit of the people (2) The principle of deliberation (3) The principle of justice (4) The principle of equality (5) The principle of responsibility (6) Obey the elected government de facto (real) (7) Build trust between them.
The Tradition of The Wakatobi Bajo Tribe in Determining Inheritance: A Legal Perspective of Islamic Inheritance Rahim, Basteng; Restu, Restu; Has, Muhammad Hasdin; Pangki, Pangki
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.3964

Abstract

The distribution of heirs to the Pesisir Bajo Wakatobi community is divided into five parts, namely; 1. Only child in a family, 2. Only child, male or female in a family, 3. Carer parents (family), 4. Youngest child in the family and 5. Will to caregiver parents (non-family). Meanwhile, the view of Islamic law regarding the distribution of heirs to the Bajo Wakatobi Coastal Community views that the distribution of heirs is selective., so that Islam views that the distribution of heirs to the Pesisir Bajo Wakatobi community is still based on existing customary law, so Islam views it as something that needs to be reviewed based on existing Islamic law, because in this distribution of heirs many parties are harmed.
Marriage Implementation on The Muharram in The Islamic Law Perspective Nurbaeti, Nurbaeti; Samsuddin, Samsuddin
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.3465

Abstract

The implementation of marriage cannot be separated from the traditions that apply in a region. Abstinence from performing weddings in the Muharram month is one of the prevailing traditions in society. Month. This research was qualitative researchwith field research (field research) data collection techniques, the author holds direct observations, interviews, and documentation. Qualitative data are analysed in an inductive and deductive way. The results of the research showed that most of the society in Cenrana district of Bone Regency still believe that if there were marriage implementation onthe Muharrammonth, the people will have bad luck, their marriage will not be lasting and will be a calamity and people views about marriage implementation on the Muharram month in Cenrana District are not following Islamic law.
Respect For The Flag According To The Perspective of Islamic Law (Analytic Studies) Sanusi, Ahmad; Jamaluddin, Jamaluddin
Al-'Adl Vol 16, No 1 (2023): Al-'Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v16i1.4041

Abstract

Flag saluting is part of the attitude of nationalism and national life. Some people think that nationalism does not conflict with Islamic law and teachings, so a flag salute is permissible and not prohibited. However, some people who think that nationalism is something new in Islam think that respecting the flag is not permissible. This study describes the law of respecting the flag in Islam, how contemporary scholars think about it, and their arguments for the permissibility or inability to salute the flag. This study confirms that the law of respecting the flag is permissible and can even be a sunnah law because it is a form of respecting the symbol of the state, not glorifying or purifying the flag, and respecting the flag is not prohibited in Islamic law and does not conflict with the outlines of Islamic law. Respect and glorification of the flag have the basis and source of the Shari'a, namely: the story of the Messenger of Allah sending his companions to fight with the Roman troops in the Mu'tah area, which is known as the Mu'tah war where the war flag was highly respected by warlords and even friends of Ja'far bin Abu Talib broke up his right and left hands to defend the war flag. It shows he respects the flag.

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