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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 488 Documents
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'Iddah in the View of Islam and Feminists Syamsul Hilal; Sumper Mulia Harahap
al-'adalah Vol 18, No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (68.179 KB) | DOI: 10.24042/adalah.v18i2.8515

Abstract

This study examines Islamic concepts of 'Iddah (waiting period for a divorced wife) and how the Feminists view it. The aim is to comprehend the different perspectives and try to put the problem in the right position. This research is purely library research using a socio-philosophical approach. Data were obtained from literature, books, and available documents. Based on the results of the study, it can be concluded that in Islamic teachings 'iddah is intended to determine the status of the womb, whether pregnant or not, to avoid mixing the lineage of the expecting baby. This is different from the view of the feminists who think that the provision regarding 'iddah is a product of a patriarchal culture that marginalizes women as it only applies to women, and not to men. This feminist view is based on the spirit of equality before the law which demands equal rights and obligations. The view, however, needs to be reviewed as the provision of 'iddah does not necessarily mean ignoring the principle of equality between men and women. Men and women by nature are created with different physical and emotional characters according to their respective roles. Even if such a view is applied, new problems will arise and damage the order of human culture universally
Unity of Sciences (UoS) as a Paradigm For Indonesian Islamic Family Law Reconstruction. Junaidi Abdillah; Mahdaniyal Hasanah Nuriyyatiningrum; Nafila Inarotussofia Miftahunnaja
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.10189

Abstract

Unity of Sciences (UoS) as a Paradigm For Indonesian Islamic Family Law Reconstruction. This article aims to examine the use of the Unity of Sciences (UoS) application in efforts to reconstruct family law in Indonesia. This is because the existence of Islamic family law in this country has gained a good place in people's lives, evidenced by the transformation of several al-ahwāl al-shakhsyiyah’s (Islamic Family Law) materials into national law. This transformation, even though it implies a renewal entity, however, at the same time, it draws a lot of criticism from some circles, ranging from constructive to deconstructive criticism. This study is a research library that uses a philosophical approach and a siyāsah shar'iyyah‘s (Islamic politics of Law) perspective. The data were obtained through document-juridical sources which were then analyzed using inductive analysis and critical reflection. This study concludes that the characteristics of Islamic family law reform in the form of statutory regulations have used a reformative approach and burhāni reasoning. In addition, to respond to and anticipate the dynamics and legal changes that are profane in nature, Islamic law requires a Unity of Sciences (UoS) approach so that Islamic law can be grounded in Indonesia.
An Appraisal of The Legality of Translating Jumu’ah Khutbah in Nigeria Abdur-Razzaq Solagberu Balogun Mustapha Balogun Mustapha
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.12375

Abstract

Khutbah is one the stipulated condition that distinguish Jumucah prayer from other obligatory five ritual daily prayers.  By the time Islam spread to what is now known as Nigeria, the Khutbah used to be rendered in Arabic without any attempt to translate it to any local language.  However, with passage of time the population of Muslims continues to increase.  As a result of that, there are agitations and counter-agitation on the need to either translate the khutbah into a local languages or to render it in a vernacular.  The issue of legality comes in as a means of justifying either of the duo agitations.  The objective of this research paper is to examine the legality or otherwise of translating the khutbah especially in a country like Nigeria where a section of the Muslims who observe their Jumu’ah prayer could not comprehend the language in which the khutbah is being delivered. The method adopted in the research is based on both participatory and non-participatory observations.  The end-result of the research reveals that the khutbah can be legally translated considering a large population of the worshippers who could not comprehend the language of communication i.e. Arabic. By extention, the khutbah of religious festivals such as cIdul-Fitr and cIdul-Adha be translated too.  Similarly ceremonial events where Khutbah is rendered in Arabic should also be translated.  All these will afford the larger number of the congregation not only to be exposed to the stand and teachings of Islam on current issues but will also enable them to appreciate the teachings of Islam.
Legal Conflict in Zakat Management in the Prismatic Communities of Kapuas Regency, Central of Kalimantan Masrawan Masrawan; A. Hafiz Anshari; Budi Rahmat Hakim; Syaikhu Syaikhu
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.12466

Abstract

Abstract: Legal Conflict in Zakat Management in the Prismatic Communities of Kapuas Regency, Central of Kalimantan. This study is aimed at analyzing the legal conflict in the management of zakat (charity) among prismatic communities in Kapuas Regency, Central of Kalimantan. This intersection occurs between Islamic law relating to the management of zakat and the tradition, or customary law held by the local community. This phenomenon gives rise to poly normativism (legal overlap) between formal rules and living traditions in the local community. This research is empirical-normative in nature, using a combination of several approaches, i.e., the empirical, historical, normative, and conceptual approaches. The data were obtained through interviews, documentation, and direct observation of zakat management institutions and community behavior supported by the tradition of local society. The results of the study indicate that there is an intersection between the rules used in the management of zakat and the customary laws that live in a prismatic society in Kapuas Regency. For this reason, it is necessary to make adjustments in the regulation of zakat management while raising public awareness of the importance of optimizing zakat to support the interests of the state, in general, and in particular, for the interests of the local Muslims themselves.
Childfree: Between the Sacredness of Religion, Law and the Reality of Society Siti Nurjanah; Iffatin Nur
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.11962

Abstract

One of the fundamental problems of a cultural shift in the contemporary era today is the existence of a phenomenon that is contrary to the norm. One of them is the childfree phenomenon with the main goal being the voluntary choice not to have children in a family. Seeing this phenomenon, it seems that it has brought about a shift that must be answered from the perspective of religion, Islamic law, and the reality of society. This is because so far the position of children in religion, law, and the reality of society is a group that must be protected. With the above problems, this study aimed to formulate an approach to the childfree phenomenon from the point of view of Islamic law, particularly the objectives of Islamic law (maqāshid sharī'ah) and the reality of society. Through literature review and literature study, this study finds that the main dimensions of the Islamic law approach model based on maqashid shari'ah and the reality of society are based on the benefit to be addressed and are in line and tandem with the reality of society. The phenomenon of being childfree is contrary to the mission and objectives of maqāshid sharī'ah and the reality of society. The conclusion of this study has strengthened the discourse of an Islamic Law study on the childfree phenomenon as one of the contemporary phenomena that should be responded to by using the perspective of benefits to people. Salah satu problem mendasar dari pergeseran budaya di era kontemporer saat ini adalah adanya fenomena yang berseberangan dengan kelaziman. Salah satunya adalah adanya fenomena childfree dengan tujuan utamanya adalah peniadaan anak dalam sebuah keluarga. Melihat fenomena tersebut, nampaknya membawa arus pergeseran yang harus dijawab oleh kaca mata agama, hukum Islam, dan realitas masyarakat. Hal ini dikarenakan selama ini posisi anak dalam agama, hukum, dan realitas masyarakat merupakan kelompok yang harus dilindungi. Dengan problem di atas, kajian ini bertujuan untuk merumuskan pendekatan terhadap fenomena childfree dengan kaca mata hukum Islam, terkhusus tujuan hukum Islam (maqashid syari’ah) dan realitas masyarakat. Melalui kajian pustaka dan studi literatur, kajian ini menemukan bahwa dimensi utama model pendekatan hukum Islam berbasis maqashid syari’ah dan realitas masyarakat didasarkan oleh kemaslahatan yang hendak dituju dan sejalan serta beriringan dengan realitas masyarakat. Terhadap fenomena childfree, childfree bertentangan dengan misi dan tujuan maqashid syari’ah dan realitas masyarakat. Kesimpulan dalam kajian ini telah menguatkan diskursus kajian hukum Islam bahwa fenomena childfree merupakan satu dari fenomena kontemporer yang harus direspon dengan kaca mata kemaslahatan dalam masyarakat.
The Shortest and Longest Pregnancy Period According to Fiqh and Legislation of Muslim Countries Ali Trigiyatno
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.6643

Abstract

The Shortest and Longest Pregnancy According to Islamic Jurisprudence and Legislation of Muslim Countries. This study examines how long a woman's pregnancy takes according to fiqh Islamic Jurisprudence and legal provisions in several Muslim countries. This research is purely a literature study using a normative approach that refers to the provisions of family law in several Muslim countries. The legal analysis used is an authentic and doctrinal interpretation method. The fiqh scholars state that the shortest gestation period is six months, while the fiqh scholars differ in their opinion regarding the longest gestation period. Generally, they agree that the longest gestational age is six months. Although legal provisions in various Muslim countries often do not refer to the opinion of fiqh scholars who argue that the longest gestation period is more than one year. This research finds the fact that legislators in various Muslim countries do not use the classical scholar's opinion about pregnancy because it is considered unscientific and does not support social reality. Muslim countries generally define six months as the shortest period of pregnancy and one year as the longest, except for Brunei Darussalam which defines four years.
Socio-Juridical Analysis on Polygamy Requirements in the Compilation of Islamic Law (KHI) Ah. Kholish Hayatuddin Desti Widiani
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.10266

Abstract

Abstract: Socio-Juridical Analysis on Polygamy Requirements in the Compilation of Islamic Law (KHI).This study is aimed at seeing the relevance of the requirement for polygamy in Law no. I of 1974 concerning marriage and in the Compilation of Islamic Law (KHI) including its implementation in several decisions on polygamy cases in the Religious Court (PA) of Ex Surakarta Regency. This type of research is field research using a socio-juridical approach. The results of this study conclude: 1) The requirements for polygamy as regulated in Law no. I of 1974 and KHI are complementary. While Law no. I of 1974 in article 5  specifies five conditions for polygamy, KHI mentions only three conditions. 2) In general, the reasons put forward by husbands for polygamy are always related to the condition of the wife who is unable to carry out her obligations. 3) Judges, in deciding polygamy cases, do not only base the reasons put forward by the husband but also make other considerations, especially related to matters of the benefit and welfare of the applicant’sfamily
The Role of Career Women in Creating a Sakinah Family: From Mubadalah (Mutuality) Perspective Nastangin Nastangin; Muhammad Chairul Huda
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.11579

Abstract

Abstract: The Role of Career Women In Creating A Sakīnah Family: From Mubādalah (Mutuality) Perspective. Career women have dual roles, first as a wife and second as a worker. This dual role, either directly or indirectly, will affect their ability to manage domestic life. This study tries to examine this phenomenon through the perspective of mubādalah (mutuality) from Faqihuddin Abdul Kodir. The aim is to find out the success/failure of how career women reconcile their roles as housewives as well as career women. This research is qualitative by using a socio-legal approach. Data were collected using in-depth interview techniques conducted with several female lecturers at IAIN Salatiga. This study finds the fact that the perspective of Mubādalah (Mutuality) theory, when drawn into the realm of family life of female lecturers at IAIN Salatiga, is in line because Mubādalah theory requires a balance of relations between husband and wife and the elimination of gender bias to create a harmonious and prosperous family life.
Online Marriage During the Covid-19 Pandemic: A Study of the Fatwas in Egypt, Iraq, Syria, and Saudi Arabia Abdul Hakim; Bagus Haziratul Qodsiyah
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.10720

Abstract

Online Marriage During the COVID-19 Pandemic: A Study of the Fatwas in Egypt, Iraq, Syria, and Saudi Arabia. Online marriage is a new social phenomenon that has emerged since the arrival of the COVID-19 virus outbreak in all corners of the world. This phenomenon is widely discussed by people everywhere and is motivated by the desire to carry out pre-planned marriages and not wanting to postpone them. This study aims to discuss the above social phenomena from the point of view of fiqh, maqāshid al-sharīa, and fatwas in several Muslim countries. This type of research is qualitative in the form of a literature study using a conceptual and socio-legal approach. Based on the results of the study, it can be concluded that the views of fiqh and fatwas in Muslim countries regarding online marriage are divided into two: Some allow it because they regard virtual meetings as meetings in one place (ittihād al-majlis) and consent and qabūl can be witnessed by both witnesses; but some forbid it because there is no physical and essential ittihād al-majlis, there are no witnesses, and the possibility of audio-visual manipulation. Viewed from the maqāshid al-sharīa perspective, online marriage is also not suitable because the purpose of marriage may not be realized.
The Reconstruction of Aisyah’s Marriage Age as a Resolution For Child Marriage Practices Phenomenon Robi'atul Adawiyah; Dian Mukhlisa; Yuliatin _; Devrian Ali Putra
al-'adalah Vol 19, No 1 (2022): AL-'ADALAH
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v19i1.11706

Abstract

The Reconstruction of Aisyah’s Marriage Age as a Resolution For Child Marriage Practices Phenomenon. The marriage of Aisyah bint Abu Bakr at a young age with the Prophet Muhammad is often used to legitimize the permissibility of marrying small children in the Islamic world. This is what makes the practice of child marriage difficult to eradicate in Muslim-majority countries. This study aims to see how the impact of child marriage on children, the efforts of Muslim scientists in eradicating the practice of child marriage through the reconstruction of Aisyah's marriage age as well as the government's efforts to eliminate the practice of child marriage during the pandemic. This study is library research using a qualitative approach. The results show that Aisyah's marriage at the age of 6 years was not relevant to the existing evidence. Second, it is true that Aisyah bint Abu Bakr married the Prophet Muhammad at a very young age of 9 or 10 years, but that age was considered appropriate for marriage in the cultural context of people around the world at that time. Third, the government's action to increase the age of marriage to 19 years for men and women is something that is in line with the objectives of Islamic law (maqāshid al-sharī'ah). Based on these findings, the practices of early child marriage should be prevented, and even prohibited because it is against Islamic Law.

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