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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.
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<![CDATA[Juridical Analysis on the Possibility of Traffic Accident Victim Being Designated as Suspect ]]>
<![CDATA[Erdianto Effendi]]>;
<![CDATA[Syaifullah Yophi Ardianto]]>;
<![CDATA[Gusliana HB]]>;
<![CDATA[Ishaq Ishaq]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1332
<![CDATA[The fundamental aim of criminal law is to shield society from potential victimization, allowing for the prosecution of wrongdoers, including the offenders engaged in negligent acts. This objective leads to a legal dilemma when negligence originates from the victim, sparking a debate within law enforcement about the entity to bear the criminal responsibility. Therefore, this study aimed to explore the juridical feasibility of designating victims as suspects in the same case where the offender has been victimized. Real cases were used in this study, accompanied by secondary data and interviews with crucial policymakers. The findings show that designating victims of negligence in traffic accidents as a suspect should not be pursued. Consequently, the investigation process should be suspended when the victim is found to be responsible for the accident, as the incident does not meet the criteria for a criminal act.]]>
<![CDATA[Mediation in Social Conflict Resolution at Tanjungpinang Malay Customary Institution, Riau Islands ]]>
<![CDATA[Ermi Suhasti Syafei]]>;
<![CDATA[Ihab Habuddin]]>;
<![CDATA[Asrizal Asrizal]]>;
<![CDATA[Megi Saputra]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1361
<![CDATA[This study aimed to examine the strategic role of customary institution in resolving social conflicts in Indonesia through mediation at Tanjungpinang Malay Customary Institution (TMCI). The mediation process was discussed, detailing the reason for selecting TMCI as a mediator, and the role in social conflict theory and normative law. Data were obtained through interviews, observations, and documentation, and literature studies were analyzed using the Miles and Huberman model. The results showed that mediation was implemented systematically and hierarchically by adhering to Malay customs based on Islamic teachings. Furthermore, the community respected and trusted TMCI as a customary institution capable of resolving social conflicts. It also played a strategic role as a party that participated in resolving customary and cultural conflicts and implementing social changes to ensure integration or cohesion. Mediation by TMCI showed that conflict was part of society with groups engaged in both realistic and non-realistic disputes. These groups then integrated and reached a consensus to maintain social cohesion. Regarding normative law, mediation by TMCI was justifiable in Islamic and positive laws.]]>
<![CDATA[The Government Responsibility for Oil and Gas Management Based on Constitution of Indonesia ]]>
<![CDATA[Ardiansah Ardiansah]]>;
<![CDATA[Eddy Asnawi]]>;
<![CDATA[Sudi Fahmi]]>;
<![CDATA[Syaimak Ismail]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1391
<![CDATA[On September 3, 2022, fuel prices were raised by President Joko Widodo, with advocates arguing that the increase is necessary to safeguard the State Revenue and Expenditure Budget. Dissenting groups contended the hike was inappropriate, citing a dissonance between the identified problem and the proposed solution. Therefore, this study aims to analyze the legal aspects, policies and the role of the government in ensuring the welfare of Indonesian citizens through oil and gas management. Using a normative legal study methodology, the study used both statutory and analytical methods. The results showed a discrepancy between the increase in fuel price and the principles outlined in Article 33 and the Preamble of the 1945 Constitution of the Republic of Indonesia. The government, as the representative of the state, holds the authority to manage the mining sector's economy, aiming to maximize prosperity for citizens. Adhering to the ideology of a welfare state, the responsibility to provide basic social needs and foster prosperity is assigned to the government.]]>
<![CDATA[Reactualization of Wali Mujbir in the Modern Era: Maqashid Syari’ah Analysis of Imam Syafi’i’s Concept Regarding Wali’s Ijbar Right ]]>
<![CDATA[Toha Andiko]]>;
<![CDATA[Zurifah Nurdin]]>;
<![CDATA[Ahmed Abdul Malik]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1403
<![CDATA[This research aims to describe the wali mujbir concept according to Imam Shafi'i in the book of al-Umm, then analyze the maqasid sharia in it and the relevance of its application in the modern era. This type of research is qualitative in the form of normative legal research using library research methods. Source data was taken through documentation. As for data analysis, it was used as thematic and inductive with a historical and philosophical approach. The research results concluded that the wali's right to ijbar, according to Imam Shafi'i is the father's right to force his daughter to marry or forbid her daughter from marrying a man as a form of protection and responsibility under certain conditions. Wali mujbir are divided into two groups: (a) for girls who are not yet adults, their father has the absolute right to ijbar without having to ask for his consent; (b) for adult girls who are 15 years old or have already had a period, although her father can marry her off without asking for her consent. There is a recommendation to consult with the girl, although this recommendation is optional. In the view of the maqasid sharia, the walis's ijbar aims to safeguard the interests of the girl child so that she can obtain an equal husband, maintain the religious quality of the girl and her future offspring, safeguard her welfare, safeguard her safety from potential abuse by her future husband, and maintain the good quality of offspring from a healthy husband, and complete with all five senses. By holistically understanding the wali's ijbar rights according to the context, the implementation of wali mujbir remains current and relevant to the dynamics of modern society.]]>
<![CDATA[The Inclusion of Ulema in the Aplication of Islam Nusantara Law for the Aceh Community ]]>
<![CDATA[Januddin Muhammad Yusuf]]>;
<![CDATA[Nawir Yuslem]]>;
<![CDATA[Dhiauddin Tanjung]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1428
<![CDATA[Islam Nusantara is recognized as an ideology that advocates the application of fiqh law while accommodating cultural and traditional values. In the contemporary evolution of religious comprehension, particularly in Aceh, the local community perceives cultural manifestations in worship as misguided. Therefore, the introduction of Islam Nusantara concept aims to rectify these misconceptions through cultural adjustment with Sharia, commonly referred to as Islamization. Considering these challenges, the role of ulemas should be examined by implementing and practicing fiqh law in the Aceh community. Furthermore, this study adopts qualitative and descriptive normative methods. Data are derived from a comprehensive literature review, interviews, and observations, and subjected to qualitative data analysis methods. The results show that fiqh practices in Aceh are always based on the fatwa of ulemas to provide legality of carrying out these practices. The inclusion of ulemas is indispensable to ensure the conformity of new cultural teachings with the established legal framework.]]>
<![CDATA[MODEL PENGENTASAN KEMISKINAN EKSTREM UNTUK PENCEGAHAN KESENJANGAN SOSIAL DI INDONESIA DALAM PERSPEKTIF SOSIOLOGI DAN HUKUM ISLAM ]]>
<![CDATA[Fauzi]]>;
<![CDATA[Mahmuddin]]>;
<![CDATA[Juhari]]>;
<![CDATA[Said Amirulkamar]]>;
<![CDATA[Ummunisa Hidayati]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1429
<![CDATA[Abstract: Poverty alleviation and social inequality in Indonesia is a very complex issue overall in various regions in Indonesia Extreme poverty alleviation refers to deliberate efforts aimed at reducing or eliminating extreme poverty, which relates to circumstances in which individuals or households live below the poverty line is so small that they cannot meet their basic needs to survive. This study aims to analyze the extreme poverty alleviation model to prevent social inequality in Indonesia from the perspective of Islamic sociology and law and focuses on reviewing these problems through the perspective of sociology and Islamic law. The qualitative research method is descriptive. Source of data obtained through the official website, mass media, journals, regulations, and books. The data analysis technique uses the Nvivo 12 plus analysis technique which uses the crosstab feature. The results of the study show that the extreme poverty alleviation model that is applied is budgeting and collaboration. Poverty alleviation to prevent social inequality in Indonesia has been carried out by the Government of Indonesia to reduce the poverty rate to 0 percent in the following year. Poverty alleviation in Indonesia through the budgeting system requires the implementation of well-structured and sustainable strategies. Budgeting and collaboration between government and society play an important role in allocating appropriate resources for initiatives and policies aimed at reducing or eliminating extreme poverty. Keywords: Poverty Alleviation, Social Inequality, Sociology, Islamic Law.]]>
<![CDATA[The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law ]]>
<![CDATA[Azni Azni]]>;
<![CDATA[Muhammad Akhyar Rifqi]]>;
<![CDATA[Saifunnajar Saifunnajar]]>;
<![CDATA[Kholil Syu'aib]]>;
<![CDATA[Najibah Bt Mohd. Zin]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1431
<![CDATA[This study discussed about the distribution time of inherited property after the death of a person that is not explained explicitly in Islamic family law in Indonesia particularly in the Compilation of Islamic Law. This study aimed to critically analyze the time of inheritance distribution in the Compilation of Islamic Law viewed from maqasid sharia perspective. The research employed qualitative research method, namely library legal research. The data collection technique was documentation, included the Compilation of Islamic Law, fiqh books, books of legislation in the field of Islamic law which were applicable in Indonesia. The data were analyzed by using content analysis method to find out the distribution time of inheritance in the compilation of Islamic Law based on maqasid sharia perspective. The result of this research showed that the Compilation of Islamic Law did not stipulate the time of inheritance distribution explicitly, and if the determination of the inheritance distribution time is in accordance with the provisions in the compilation of Islamic law for the kindness of the family and heirs, then the action is justified by sharia law because it is in line with maqasid sharia. However, if the division of inherited property is in accordance with the provisions of the Compilation of Islamic Law with the purpose to delay the time of distribution which will result in a reduction in the value of the property, or the physical loss of the property, then it is included into the act of zalim and certainly contradicts the Islamic sharia itself. It must not be carried out.]]>
<![CDATA[Islamic Legal Analysis of Bank Interest Allocation on Social Fund: A Case Study of Small Credit Bank (BPR) NBP 21 Panyabungan City ]]>
<![CDATA[Dedisyah Putra]]>;
<![CDATA[Sumper Mulia Harahap]]>;
<![CDATA[Sabrun Edi]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1442
<![CDATA[The aim of this study was to determine the position of Ash Ziqri savings in conventional bank from Islamic law perspective using empirical legal study methods. This was achieved by collecting data through document study, observation, and interviews. The results showed that Ash Ziqri savings with bank interest withdrawal rate of 5% were considered usury from Islamic legal perspective. Savings were also considered gharar even though the payments were not intended for customers or bank but channeled through charitable activities such as the construction of mosques and the provision of compensation for orphans and the poor. Therefore, the public was encouraged to conduct social charity activities through zakat, infaq, and sadaqah without mixing the process with activities prohibited by Islam.]]>
<![CDATA[Refusal of Polygamy Permit in Religious Court Decision: Criticism of Gender Justice Against Judge’s Legal Reasoning ]]>
<![CDATA[Lukman Santoso]]>;
<![CDATA[Arij Amaliyah]]>;
<![CDATA[Miftahul Huda]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1472
<![CDATA[This study aims to determine and analyse the judges' considerations using gender justice in the Decision of the Madiun District Religious Court Number 1512/Pdt.G/2022/PA.Kab.Mn. Normatively, the permissibility of polygamy rests on the wife's consent and the husband's ability to be fair. In this case, the problem started with applying for a polygamy permit after the Applicant married his second wife. Argumentation: The Applicant, who was married before applying polygamy, was considered unlawful. This is doctrinal legal research with a case, conceptual, and statutory approach. Data sources for this research are court decisions, laws and regulations, books, journals, and research results. This research provides a conceptual basis for judges in making decisions on applications for polygamy licenses based on gender equity so that justice in society is created objectively.]]>
<![CDATA[Problems with Regional Head Elections: Constitutional Court Decisions on Disputes over Regional Head Election Results in Jambi Province ]]>
<![CDATA[Ari Bakti Windi Aji]]>;
<![CDATA[Repelita]]>;
<![CDATA[Yuli Kasmarani]]>;
<![CDATA[Eza Tri Yandy]]>;
<![CDATA[Al Fauzi Rahmat]]>
<![CDATA[ Al-Risalah Vol 23 No 2 (2023): December 2023 ]]>
Publisher : <![CDATA[Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia ]]>
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DOI: 10.30631/alrisalah.v23i2.1474
<![CDATA[This research is entitled Problems of Regional Head Elections (Study of Constitutional Court Decisions regarding Disputes over Regional Head Election Results in Jambi Province). This type of research is normative legal research. The focus of the research is to examine what are the legal issues for regional head elections submitted by the Petitioners in cases of regional head election results in the Jambi province region to the Constitutional Court and how the trend of decisions based on legal considerations of the Constitutional Court in cases of regional head election disputes in the Jambi province region. The results of the study show that the legal issues raised by the Petitioners in the case of disputes over the results of regional head elections to the Supreme Court of the Constitution are quite numerous and varied, some are proven, and some were not proven because the Court did not believe in the evidence presented by the Petitioners, and some were not proven because the Court had not considered them. These problems in general include: administrative violations, legal violations in the form of money politics, intimidation and mobilization of civil servants, village heads, and village officials by the incumbent regional head candidate. The organizers allow violations and side with one pair of candidates. As for the issue of decision trends, the majority of applications were rejected and could not be accepted, while for requests that were and there were only 2 (two) cases, namely the 2013 Election of the Regent and Deputy Regent of Kerinci district and the 2020 Election of the Governor and Deputy Governor of Jambi province. Then, there are different trends in MK decisions, Niet Ontvankelijke Verklaard), and focus more on the formal requirements of the application which often overrides the substance of the case.]]>
