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Al-'Adalah

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Published by Universitas Islam Negeri Raden Intan Lampung

ISSN : 08541272 EISSN : 2614171X DOI : 10.24042

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice

AL-ADALAH Jurnal Hukum Islam adalah jurnal ilmiah yang diterbitkan dua kali dalam setahun (Januari dan Juli) oleh Fakultas Syariah IAIN Raden Intan Lampung. Jurnal AL-ADALAH menekankan spesifikasi dalam studi-studi hukum Islam mengkomikasikan penelitian-penelitian yang berkaitan dengan studi hukum Islam.

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Articles 10 Documents

Search results for , issue "Vol 15, No 2 (2018): Al-'Adalah" : 10 Documents clear

Islam and the Provisions of War Henry Iwansyah
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

This article compares the provisions of war in Islam with the provisions contained in International Humanitarian Law (The four Geneva Conventions of 1949 and their Additional Protocols). The aim is not to judge Islamic according to or vice versa, but rather, to discover similarities and differences between the two regulations in governing the conduct of war. The study uses a comparative approach, exploring the Islamic values of ethics and rules of conduct of war and then comparing them with similar provisions of international humanitarian law. This article also analyzes the possibility of synthesizing the two legal system. Having reviewed the topic thoroughly, this study concludes that, in principle, there is no difference between Islamic law and international humanitarian law in regulating procedures and ethics of warfare. Both of the legal system are equallyconcern to regulate the behaviour of warriors by limiting the use of force and minimizing the impact of the battles to civilians

Pengupahan dalam Sistem Upah Indonesia dan Islam Ruslan Abdul Ghofur
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

The conflict between workers and employers has become a routine phenomenon in the world of labor in Indonesia. From a number of demands that have arisen in each demonstration, the issue of wages has always been the main issue voiced by the workers. The government has actually attempted to mediate this issue by issuing a regulation on Provincial Minimum Wages (UMP) and Minimum Wages for City/District (UMK). The issue of wages, however, always ranks first in the demands of the workers. This article compares the concept of wages in the capitalistic economic system with the concept of wages in Islam. The aim is to get an idea of how each system regulates the relationship between workers and employers. This study finds out that in Islamic economics, wages (ujrah) are product of a system of cooperative help which is manifested in a contract of an employment agreement. Whereas in a capitalistic economic system, labor is more valued as one type of commodity or capital goods that will produce a new value.

The Contributions of Nawawi al-Bantani In the Development of National Law of Indonesia Ahmad Sanusi
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Alternative Dispute Resolution Model in the AJB Bumiputera Life Insurance Company of Purwokerto in Shari'ah Perspectives Nita Triana
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Resolution of disputes by way of litigation always takes a long time, expensive and results in a win and lose solution. Therefore resolution outside the court( non-litigation) is an alternative choice. This study analyses the resolution of insurance disputes using several methods or models outside the Court. This research is non-doctrinal legal research, with a socio-legal approach. It analyses a settlement model used by of Life Insurance AJB Bumiputera Purwokerto in the event of default of the insured/customer premium and the customer’s insurance claim against the company. The settlement involves several stages, first, by means of consultation and negotiation, second by means of mediation involving OJK (Financial Services Authority) as a neutral mediator, and the last, by means of conciliation and arbitration. In the perspective of Islamic law, this solution model is similar to the concept of sulh, a type of disputes resolution in which the conflicting parties drive to settle their dispute peacefully.

Implementing Islamic Constitutionalism: How Islamic Is Indonesia Constitution? Muhammad Siddiq Armia
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Religious constitutionalism has recently become a global discussion. Such a trend arises as a result of several countries that have a majority of religious adherents declare their constitution based on certain religions. Thailand, for example, provides special norms about Buddhism (Buddhist constitutionalism), the Vatican has special norms about Catholicism (Catholic constitutionalism), India has special norms about Hinduism (Hindu constitutionalism), Saudi Arabia has norms specifically about Islam (Islamic constitutionalism), and so on. This article analyzes whether or not the Islamic principles have been adopted in the Indonesian Constitution. These principles consist of protecting religion, soul, mind, offsprings, and property. The author uses the five principles as a standard in measuring the entire Indonesian Constitution which constitutes to the teachings of Islam (Islamic constitutionalism). The implementation of Islamic constitutionalism can be identified through articles in the constitution. This study concluded that, in general, the Indonesian constitution could be considered to have agreed to Islamic constitutionalism, although in some cases it still needs to be actualized more.

The Penology of Islamic Criminal Law: Reintroduction of Islamic Penology Marli Candra
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

The justification for punishment is an interesting topic and undying debate among the scholars. Those who in favor of traditional approach would state that punishment is retributive in nature, whereas the opposite party would declare that punishment is for future benefits either particularly for offender or society in general. In this article, the researcher will elaborate the penological approach of punishment in Islamic criminal law. This study applies a comparative analysis based on the qualitative approach to compare the concept of punishment and its justification in the modern penology as well as in Islamic perspective. The study finds out that the justification for punishment in Islam, which is mainly contained in the hudûd and qishâsh offenses, does not deviate from what is understood by modern penology. Islamic law provides harsher punishment for serious offenses, but at the same time, it also prescribes ways on how to reduce such punishments.

Reconstruction of the National Legal System: Study the Implementation of the Maqâsid al-Shari‘ah Theory Achmad Faidi
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

This paper discusses the implementation of the theory of maqâsid al-shari‘ah in the formation of a national legal system in Indonesia. Colonialism in the past has made national law covered with the nuance of European Continental legal system which is not compatible with the character of the national culture. The awareness to reconstruct the national legal system has echoed since the 1998 reform, but until now it has not found the right construction formula. This article offers the theory of maqâsid al-shari‘ah as one of the tools in an effort to reconstruct the national legal system. Based on author analysis, the concept of maqâsid al-shari‘ah is suitable to be applied because it adopts the noble values contained in the national ideology of Pancasila as well as the legal principles that exist in Islam as a religion of the majority of the population of this country

Penyelesaian Harta Bersama di Pengadilan Agama Indonesia (Kasus di Pengadilan Agama Jakarta Selatan) Isnawati Rais
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

The settlement of joint property, after husbands and wives divorced, is a crucial issue in the Religious Courts of Indonesia. According to the provisions of the Islamic Law Compilation (KHI) and Marriage Law No. 1/1974, a joint property should be divided equally if done peacefully. This research analyzes the joint property settlement after divorce in the Religious Court of South Jakarta and compares it with a number of cases in other similar institutions. This study finds out that the rules as stipulated both in the KHI and Marriage Law No. 1/1974, was not rigidly applied by the judges. Instead, the judges at the Religious Court of South Jakarta took a flexible and casuistic solution for the disputes over the sharing of joint property between divorced couples. The settlement methods used by the judges vary, depending on the case that occurs empirically. The peaceful settlement was also pursued by the Religious Court of South Jakarta, although in general, it was unsuccessful.

The Role of Sharia Monetary Instrument in Liquidity Management and Performance Improvement of Islamic Banking Financial in Indonesia Mohd Rizal Muwazir; Deky Anwar; Ab Mumin Ab Ghani
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

This study analyzes the variables of liquidity and financial performance of Islamic banks that affect the number of transactions in Islamic monetary instruments. The aim is to find out which instruments is better in supporting liquidity management and financial performance of Islamic banks in Indonesia. This study uses the CAR and FDR variables as proxies of liquidity and ROA as a proxy for the financial performance of Islamic banks. While the proxy for sharia monetary instruments in Indonesia is the variable SBIS and SBPUS. This study uses monthly Islamic banking reports in Indonesia for the period January 2015 to September 2017. Data is processed and analyzed by Augmented Dickey-Fuller (ADF) Stationery Test as a way of testing stationary data and then testing hypotheses using Vector Autoregression (VAR). This study found that the the most contributing variable to the changes in transaction volume in Islamic monetary instruments was the variable liquidity, namely CAR and FDR. In Addition, SBIS sharia monetary instruments are better used by Islamic banking in Indonesia compared to SBPUS.

REKONSTRUKSI KONSEP NUSYÛZ DALAM PEMIKIRAN FIKIH FEMINIS KEADILAN Alamsyah Alamsyah
al-'adalah Vol 15, No 2 (2018): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

The classical fiqh clerics, when defining the word “al-rijâlu qawwâm...” in surah al-Nisa’ verses 34-35, interpreted it as “a husband who becomes a family leader”. From this interpretation, a wife is obliged to obey her husband and the nusyûz act applies only for the wives. In contrast, according to feminist fiqh views, such as Muhammad Syahrûr and Musdah Mulia, Nusyûz is an act of defiance of God’s commands. Therefore hurting the heart of a wife or husband, both through speech and deed, is nusyûz (disobedient). This article compares the views of classical scholars with modern thinkers about the problem of nusyûz in the family. This study concludes that modern thinking is more in line with the principles of equality and justice taught in the Qur’an. Thus, nusyûz can not only happen to the wife but also can be applied to the husband.

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Dr. Abdul Qodir Zaelani, S.H.I., M.A

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al.adalah@radenintan.ac.id

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+6281578564519

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Letkol. Hendro Suratmin Street Sukarame Bandar Lampung, Lampung, Indonesia

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Dr. Abdul Qodir Zaelani, S.H.I., M.A

Contact Email al.adalah@radenintan.ac.id

Phone +6281578564519

Journal Mail Official al.adalah@radenintan.ac.id

Editorial Address Letkol. Hendro Suratmin Street Sukarame Bandar Lampung, Lampung, Indonesia

Location Kota bandar lampung, Lampung INDONESIA

Abstract

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Abstract

Contact Name
Dr. Abdul Qodir Zaelani, S.H.I., M.A

Contact Email
al.adalah@radenintan.ac.id

Phone
+6281578564519

Journal Mail Official
al.adalah@radenintan.ac.id

Editorial Address
Letkol. Hendro Suratmin Street Sukarame Bandar Lampung, Lampung, Indonesia

Location
Kota bandar lampung,

Lampung

INDONESIA