cover
Article Per Year (5 Year)
All
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
Al-'Adalah
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.
Arjuna Subject : -
Articles 7 Documents
 1 
Search results for , issue "Vol 20, No 1 (2023): AL-'ADALAH" : 7 Documents clear
The Law Contruction of Good Divorce in the Border of Indonesia and Malaysia Communities Dahlia Haliah Ma'u
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16518

Abstract

One of the implications of unregistered marriages betweenIndonesian – Malaysian border        communities is the occurrence of non litigation divorces atau divorce outside of court. This problem occurs because there is no evidence in the form of a marriage book that is officially regulated in Indonesia. Divorce referred to by the local community is known as good divorce (cerai manis). This type of divorce is done on the basis of the willingness and agreement of both parties without any disputes. The purpose of this research is to find out the construction of good divorce law which is part of the customary law of the local community.  This research used field research method with analysys data is descriptive qualitative by narrating the good divorce phenomenon in the border area, then analyzing it based on data in the field and providing conclusions. The results of this research indicate that after going through the customary stage, through customary mediation, and after the couple agree to divorce, a certivivate of customary separation is issued which also regulated child custody, right to devide assets, and joint agreement.
The Ideal Age For Marriage in The Compilation of Islamic Law (KHI) and Psychology Gandi Liyorba Indra; M. Yasin Al Arif
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.11598

Abstract

This article discusses the ideal age for marriage which is examined from the perspective of Islamic law and psychology. The aim is to gain a broader understanding that can be used as material in drafting a better statutory provision. This research is library research which is descriptive in nature, using secondary data in the form of primary and secondary legal materials. The results showed that the age of marriage stated in Article 15 paragraph 1 of the Compilation of Islamic Law (KHI), namely the prospective husband is 19 years and the prospective wife is 16 years. is the result of the ijtihad of Indonesian scholars based on considerations for the benefit of the family and household. Such an age limit is deemed sufficient as the age of maturity to enter into a marriage. However, when viewed from the perspective of psychology, this age limit is still in the developmental period of adolescence and is still far from being of a mature age category. According to psychology, the ideal age for marriage is 21 to 25 years for women and 25 to 30 years for men. In this age range, the prospective bride and groom are considered ready to settle down, because they have full maturity, both physically and mentally, and can accept responsibility for managing the household
Application of the Precautionary Principle in Judge's Legal Considerations for Pollution Cases in Islamic Law Perspectives Nita Triana; Luqman Rico Khashogi; Ade Tuti Turistiati; Lincoln James Faikar Monk
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16660

Abstract

In industrial activities, the precautionary principle in protecting the environment is very important. This research examines how judges use the precautionary principle in making legal decisions in cases of environmental pollution. This research is a doctrinal qualitative with a normative juridical approach. Based on the research findings, the Panel of Judges in the decision of the North Jakarta District Court Number: 735/PDT.G-LH/2018/PN.Jkt.Utr determined that PT. HAYI has carelessly disposed of B3 waste from textile industry activities. In that decision, the Panel of Judges expanded the understanding of the Precautionary Principle, from the level of management and preventive policies to the level of repressive dispute resolution. The judge has also changed the Rio Declaration which is only morally binding to a hard law which is directly used as a source of law in deciding a case. This development is a paradigm shift in environmental justice from homocentric to ecocentric. In Islamic Law, the precautionary principle is related to the concept of ihtiyāth(prudence) and correlates with sadd al-dzarī'ah, namely the maximum effort to suppress everything that can be a means of prohibited things to avoid the amount of damage. Within the framework of Usul Fiqh, avoiding damage is a priority step rather than reaping benefits.
The Construction of Cerai Manis (Prefered Divorce) on the Border of Indonesia and Malaysia Communities Dahlia Haliah Ma'u; Wagiyem Wagiyem; Rita Mustika Rahayu
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16518

Abstract

One of the implications of unregistered marriages between Indonesian-Malaysian border communities is the occurrence of non-litigation divorces or divorces outside of court. This implication happens because there is no evidence in the form of a marriage book that is officially regulated in Indonesia. Divorce referred to by the local community is known as cerai manis (preferred divorce). This type of divorce is done based on the willingness and agreement of both parties without any conflicts or disputes. The purpose of this research is to find out the construction of cerai manis law which is part of the customary law of the local community. The method used in this research is field research with a sociological approach, while for data analysis, the author used descriptive qualitative analysis techniques. The results of this research indicate that the parties who agree to divorce, after going through the stages of adat and customary mediation, will obtain a certificate of customary separation which also regulates child custody, rights to share over joint assets and collective agreements.
The Ideal Age For Marriage in The Compilation of Islamic Law (KHI) and Psychology Gandi Liyorba Indra; M. Yasin Al Arif; Abdul Qodir Zaelani
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.11598

Abstract

This article discusses the ideal age for marriage which is examined from the perspective of Islamic law and psychology. The aim is to gain a broader understanding that can be used as material in drafting a better statutory provision. This research is library research which is descriptive in nature, using secondary data in the form of primary and secondary legal materials. The results showed that the age of marriage stated in Article 15 paragraph 1 of the Compilation of Islamic Law (KHI), namely the prospective husband is 19 years and the prospective wife is 16 years. is the result of the ijtihad of Indonesian scholars based on considerations for the benefit of the family and household. Such an age limit is deemed sufficient as the age of maturity to enter into a marriage. However, when viewed from the perspective of psychology, this age limit is still in the developmental period of adolescence and is still far from being of a mature age category. According to psychology, the ideal age for marriage is 21 to 25 years for women and 25 to 30 years for men. In this age range, the prospective bride and groom are considered ready to settle down, because they have full maturity, both physically and mentally, and can accept responsibility for managing the household
Analysis of Maqāshid Sharī’a on Substitute Heir in Compilation of Islamic Law (KHI) Nur Saniah; Nawir Yuslem; Hasan Matsum
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16062

Abstract

This study analyzes the application of maqāshid sharī’a (objectives of shari'a) regarding substitute heirs as outlined in article 185 paragraphs 1 and 2 of the Compilation of Islamic Laws the research aims to find out the philosophical basis of maqāshid sharī’a regarding the importance of giving inheritance to substitute heirs. This research is a normative legal research that uses a philosophical approach. Data were collected using literature techniques, then analyzed descriptively qualitatively through maqāshid sharī’a theories. This study shows that the determination of inheritance for substitute heirs in Article 185 is important to realize because it contains many maslahah (benefits) both sociologically and psychologically. The philosophical foundation of maqāshid sharī’a in inheritance for substitute heirs is not only limited to protecting assets (hifzd al-māl) but also to improving their quality of life (tanmiyah al-nasl wa al-māl). Substitute heirs are not enough just to be given assets, they also need care and affection from their extended family. Viewed from the maslahah position, giving inheritance to substitute heirs to improve their quality of life is included as maslahah dharūriyah (urgent needs).
Authority Sharing Between The Central and Regional Government in The Implementation of Pesantrens Law and Its Relevance to Hifdz Ad-Dîn Efforts Allan Fatchan Gani Wardhana
al-'adalah Vol 20, No 1 (2023): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v20i1.16080

Abstract

This study aims to examine the shift/sharing of authority between the Central and Regional Governments in the religious field, particularly regarding the implementation of Law Number 18 of 2019 concerning Pesantren. The Law provides a portion of authority to the Regional Government to facilitate Pesantrens in carrying out its functions as one of the centers for the development of Islamic religious knowledge. The Law also obliges the local Government to fund the Pesantrens through regional revenue and expenditure budgets by their authority and guided by statutory provisions. This study uses a normative juridical method. The results of this research conclude that the existence of the Pesantrens Law, on the one hand, shows that the Government has concern for efforts to maintain religion (Hifdz ad-Dîn); and, on the other hand, indicating that there has been a shift in authority from the Central to the Regional Government in governing of religion, particularly in terms of administering Pesantrens,

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol 20, No 1 (2023): AL-'ADALAH Vol 19, No 2 (2022): AL-'ADALAH Vol 19, No 1 (2022): AL-'ADALAH Vol 18, No 2 (2021): Al-'Adalah Vol 18, No 1 (2021): al-'Adalah Vol 17, No 2 (2020): al-'Adalah Vol 17, No 1 (2020): al-'Adalah Vol 16, No 2 (2019): al-'Adalah Vol 16, No 1 (2019): AL-'ADALAH Vol 15, No 2 (2018): Al-'Adalah Vol 15, No 1 (2018): Al-'Adalah Vol 14, No 2 (2017): Al-Adalah Vol 14, No 2 (2017): Al-'Adalah Vol 14, No 1 (2017): Al-'Adalah Vol 14, No 1 (2017): Al-Adalah Vol 13, No 2 (2016): Volume 13, No 2, Desember 2016 Vol 13, No 2 (2016): Al-'Adalah Vol 13, No 2 (2016): Al-Adalah Vol 13, No 1 (2016): Al-'Adalah Vol 12, No 2 (2015): Al-'Adalah Vol 12, No 1 (2015): Al-'Adalah Vol 12, No 1 (2014): Volume XII, No. 1, Juni 2014 Vol 12, No 2 (2014): Desember 2014 Vol 12, No 2 (2014): Al-Adalah Vol 12, No 2 (2014): Al-'Adalah Vol 12, No 1 (2014): Al-'Adalah Vol 11, No 2 (2013): Volume XI, No. 2, Juli 2013 Vol 11, No 1 (2013): Volume XI No. 1 Januari 2013 Vol 11, No 2 (2013): Al-'Adalah Vol 11, No 1 (2013): Al-'Adalah Vol 10, No 4 (2012): Volume X, No. 4 Juli Tahun 2012 Vol 10, No 3 (2012): Vplume X, No. 3, Januari 2012 Vol 10, No 2 (2012): Al-'Adalah Vol 10, No 1 (2012): Al-'Adalah Vol 10, No 2 (2011): Volume X, No. 2, Juli 2011 Vol 10, No 1 (2011): VOLUME X, NO. 1, Tahun 2011 Vol 10, No 2 (2011): Al-'Adalah Vol 10, No 1 (2011): Al-'Adalah Vol 10, No 1 (2011): Al-Adalah More Issue