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Legal Protection for the Partnership Agreement Parties

al-risalah
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Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

ISSN : 1412436X EISSN : 25409522 DOI : https://doi.org/10.30631/alrisalah.v22i1.1118

Core Subject : Economy, Social,

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, criminal law, civil law, international law, constitutional law, administrative law, economic law, medical law, customary law, environmental law and so on.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 9 Documents

Search results for , issue "Vol 20 No 1 (2020): June 2020" : 9 Documents clear

Violence Eradication in Education through a Juridical-Religious Approach: Seeking an Ideal Model under the Criminal Justice System Syamsul Fatoni
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Violence in education has led to criminal activities that require special attention from all parties. This paper discusses preventive measures of violence in education through a juridical-religious approach under the criminal justice system. This paper is a doctrinal law study in which an analysis of legal materials is used to answer legal problems and produce legal arguments. This paper demonstrates that the incorporation and operation of these two approaches under the criminal justice system will be very effective and useful for preventing and controlling crimes in schools because, first, the juridical approach can prevent students from becoming victims of violence and educate them not to repeat the same crimes; secondly, the religious approach will instill a faithful, pious character and noble personality into students so that they avoid crimes.

The Manasik of Hajj in Indonesia: Looking for Legal Certainty through the Reasonings of Usul al-Fiqh Nasrullah Nasrullah
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The paper aims to seek legal certainty of the manāsik in Indonesia from the perspective of uṣūl al-fiqh. In the classical fiqh, the manāsik has not received proper attention. Hence, the legal position of manāsik has thus far no definite (qaṭʿī) answer. For today's Indonesia, although the manāsik is understood more as training for prospective pilgrims on how to perform the ḥajj correctly, yet it is different from what the Prophet Muhammad practiced, which was conducted directly within the ḥajj rituals. With that aim in mind, this paper uses the reasoning devices of uṣūl al-fiqh such as bayānī, ta‘līlī, and istiṣlāhī toward the relevant literary sources in establishing a legal certainty of the manāsik. The bayānī method shows that the texts of the prophetic traditions contain imperative expression (amr), meaning that the manāsik is an obligatory practice. The taʿlīlī points out that the manāsik stands as ʿilla for the perfection of ḥajj; the manāsik is necessary to make ḥajj ritual ideally conducted. The istiṣlāḥī method reveals that the manāsik contains the value of maṣlaḥa, which is the validity of ḥajj based on sharia principles. Finally, from the perspective of maqāṣid al-sharīʿa, the necessity of the manāsik is classified into ḍarūriyya and ḥājiya. Hence, based on these arguments, this paper argues that the manāsik of ḥajj is obligatory for prospective pilgrims.

Islam and National Law: A Formal Legal Review on Sharia Laws in Aceh Faisal A Rani; Fikri Fikri; Mahfud Mahfud
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The implementation of sharia in Aceh has gone through a democratic process subscribed by the Unitary State of the Republic of Indonesia. Nevertheless, some observers consider it problematic. Against this backdrop, this article discusses the principles of the formalization of sharia into positive law and further concretely analyses the case of formalization of sharia in Aceh. Employing a normative approach on research of law, this article shows that the principles of sharia codified in the qanuns of Aceh are grounded on the Qurʾān and the Sunna. The formalization of the sharia into the qanuns has gone through democracy and complies with the Indonesian law. Those qanuns contain regulations on ʿaqīda, muʿāmala, Islamic convocation, and Islamic criminal law.

Cak Nur on Politics: Indonesian Political Islam and the Role of Islamic Politics Nurul Annisa Hamudy; Moh Ilham A Hamudy
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The Indonesian political elites tend to use Muslims for their personal interests, instead of making Islam as their moral guide in the political arena, despite Nurcholish Madjid’s (Cak Nur) secularization is needed. For this reason, this research discusses the political ideals of Cak Nur, especially the idea of secularization in the midst of the current political Islam in Indonesia. Using a descriptive method, literature study, and a qualitative approach, the results of the study showed that Islam essentially is not merely a formal structure or composition and collection of laws of the state and government. Islam is the embodiment of tawḥīd. It is a spiritual force that can give birth to a soul that is ḥanīf, inclusive, democratic, and respects society’s pluralism. Therefore, an understanding of more advanced Islamic teachings, such as Cak Nur’s secularization concept which according to Cak Nur's does not lead to secularism; as well as the need for freedom of thought, an idea of progress, and openness to ideas are a necessity in Indonesia. As such Moslem should use a secular lens to view worldly matters that need rational and objective thinking, rather than using faith, Islamic law, ʻaqīda (creed), and ʻibāda (worship) which are spiritual matters.

Philosophical Sufism and Legal Culture in Nusantara: An Epistemological Review Fokky Fuad Wasitaatmadja; Wasis Susetio
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

A research on the relation between sufism, sharia, and the local culture is essential for some reasons. First, Islamic philosophy and customary law (or the law of the peoples) are perceived as opposing each other. Second, Islamic philosophy, also in Geertz’s theory, regards Islam merely as the structure of religious orthodoxy. Third: the structure of Islamic orthodoxy, often portrayed as a highly rigid one, is often (seen as) conflicting with sufism in the world of Islamic scholarship. This paper aims to determine the dynamic relation between the spiritual values of Sufism and traditional values surviving in the so-called Nusantara legal culture. It also elaborates on the extent to which a distinct epistemology typical to sufism may contribute to enriching the cultural space of Nusantara law. As normative legal research, this paper employs the principle of legal culture developed by Lawrence M. Friedman. It concludes that the spiritual values of sufism are not conflicting with the principles of Islamic jurisprudence. It would also argue that the construction of Nusantara legal culture has a unique character resulted from dynamic interaction of traditional values, on the one hand, and sufism on the other.

The Role of the Malay Customary Institution in Off-Court Divorce Mediation: A Case Study in Rantau Pandan, Jambi Zainal Azwar; Firdaus Firdaus; Muhammad Nafis
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

In general, the concept of mediation in fiqh literature concerns merely with pre-divorce conflicts. In contrast, the Malay Customary Institution in Rantau Pandan, Jambi also concerns with restoring household integrity after divorce. This paper aims at describing and analyzing the role of the Malay Customary Institution in restoring post-divorce households in Rantau Pandan. The field research was conducted where the data taken from in-depth interviews and documentation. This paper concludes that there are two forms of mediation process practiced by the Malay Customary Institution in Rantau Pandan: the mediation that is prompted by the initial request of the involving parties and that is without the precondition of reconciliation. The success of the Customary Institution in mediating familial conflicts is supported by several factors, such as; the competence of the mediators, kinship relations, and the goodwill of the respective parties. The mediation practiced of the Customary Institution works in line with the guidance of the Qur’ān and the principle of mediation in Islam. Additionally, this institution has developed the concept of mediation outside the court, both in terms of form and task.

indonesia Taufiq Hidayat; Raihanah Azahari; Fauzi Fauzi
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

The high price of jeulame or dowry in wedding tradition in Banda Aceh results in general assumption between societies that it contradicts the basic purpose of sharia. This article tries to investigate the agreement between traditional rules and sharia principles in terms of wedding regulations in Banda Aceh through several formulations of research problems: first, how is the determination of jeulame in Banda Aceh?; second, how is the application of jeulame in Banda Aceh?; third, what the common thread between traditional rules and sharia principles in terms of jeulame’s amount in marriage? This is field research. The interview is conducted towards some religious leaders, traditional figures, experts, and some inhabitants who are married couples. This research concludes that the amount of jeulame in Banda Aceh ranges between 6 and 20 manyam of gold. The amount of jeulame depends on the education, family, and social backgrounds of women. Although there are several disagreements, this research reveals that the agreement between traditional rules and sharia in terms of marriage regulations is centered on three choosable levels (low, medium, high) in which each family of two subjects (man and woman) can choose one of them without being burdened. Therefore, there is no contradiction between traditional rules and sharia principles.

Early Marriage, Human Rights, and the Living Fiqh: A Maqasid al-Shariʻa Review Edi Kurniawan; Handesman Handesman; Rahmadi Rahmadi; Khairun Najib
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Human rights activists and the educated urban society strongly criticize the practice of early marriage, including the classical fiqh on which it is based. They have repeatedly proposed amendments to article 7 of the Marriage Law No. 1 of 1974 concerning age restrictions on marriage. This paper is a response to these groups’ views with the formulations, first, what are the factors and the problems of early marriage and their status in the perspective of maqāṣid al-sharīʻa?; second, what worldview that projects the human rights activists’ criticism in the midst of living fiqh and maqāṣid al-sharīʻaʼs review on it? This paper is a combination of field and literary studies. Samples are taken from the living fiqh or the doctrine of Shāfiʻī School which exists in the Malay community of Tebo Ulu, Jambi Province and supported by relevant literature. This paper concludes that, in early marriage, the harms are far greater than the benefits. Hence, according to the holistic understanding of maqāṣid al-sharīʻa, the marriageable age needs to be regulated by law. However, the above groups’ criticism is not completely justifiable because early marriage is also closely related to the state's failure in improving the welfare of its citizens, providing educational facilities, as well as differences in worldview between human rights activists and article 284 of the Criminal Law Code on adultery and traditional customs of Malay and other Indonesia’s indigenous custom that need to be resolved.

English: English Endri Yenti; Busyro Busyro; Ismail Ismail; Edi Rosman; Fajrul Wadi
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Provisions of mahar (dowry) in Islam practiced by the Prophet Muhammad and his companions are substantially used as a standard of giving dowry in a marriage. Mahar provided by the Prophet as well as those by his companions had a high economic value; unless they were fortuneless. However, what has been practiced by many recently does not reflect the deed of the Prophet Muhammad. Nowadays, people tend to provide a set of prayer outfit as a mahar, an item which could not support a family financially. Even if some people do provide high-priced mahar, yet much of it is used before akad (the marriage vow) to finance a wedding reception, rather than handing out the money directly to the wife. This article aims at evaluating this tradition, since it discriminates against women’s privilege of mahar. From the findings of the research, it is concluded that traditions; giving a set of prayer outfit to women, or using mahar as a payment for a wedding reception discriminate against women’s rights because the essence of mahar is to economically support or help the wife in the future. According to the provisions of ʻurf, this tradition does not fit in the Islamic law and is not legitimate to be incorporated into the Archipelago’s fiqh.

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Kholil Syu'aib

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Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Kholil Syu'aib

Contact Email kholil_syuaib@uinjambi.ac.id

Phone +628127682779

Journal Mail Official alrisalah@uinjambi.ac.id

Editorial Address Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location Kota jambi, Jambi INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Kholil Syu'aib

Contact Email
kholil_syuaib@uinjambi.ac.id

Phone
+628127682779

Journal Mail Official
alrisalah@uinjambi.ac.id

Editorial Address
Faculty of Sharia Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi Jl. Raya Jambi - Muara Bulian KM. 15 Simpang Sungai Duren 36361. Telepon: (0741) 582632, 583377

Location
Kota jambi,

Jambi

INDONESIA