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INDONESIA
Al-Risalah : Forum Kajian Hukum dan Sosial Kemasyarakatan
ISSN : 1412436x     EISSN : 25409522     DOI : -
Al-Risalah adalah jurnal terbitan berkala ilmiah yang telah “TERAKREDITASI” melalui SK. Dirjen Penguatan Riset dan Pengembangan KEMENRISTEK dan Dikti RI No.l/E/KPT/2015. Al-Risalah terbit dua kali se-tahun oleh Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi sejak 2001. Kehadiran Al-Risalah yang berfokus kepada kajian ilmu syariah dan ilmu hukum diharapkan sebagai ruang pemikiran kritis dan terbuka bagi semua kalangan (akademisi, intelektual, mahasiswa, dsb) yang konsen terhadap perkembangan ilmu syariah dan ilmu hukum.
Arjuna Subject : -
Articles 225 Documents
THE FIQH WASAá¹­IYYAH APPROACH TOWARDS THE INVOLVEMENT OF MALAYSIAN WOMEN IN RELIGIOUS EXTREMISM PHENOMENON Abd Razak, Muhd Imran; Ramli, Mohd Anuar; Abdul Rahim, Rahimin Affandi; Awang Pawi, Awang Azman; Yusof, Muhammad Yusri; Hassan, Paiz
Al-Risalah Vol 19 No 2 (2019)
Publisher : LP2M UIN JAMBI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/al-risalah.v19i2.479

Abstract

The trend of women?s active participation in religious extremism phenomenon has become a serious global threat, including for Southeast Asian countries such as Indonesia and Malaysia. This paper aims to offer a fiqh approach in the form of wasa?iyyah in order to reinforce counter-laws of religious extremism, especially on the issue of Malaysian women?s involvement in the Daesh extremist group (al-Dawlah al-Isl?miyyah f? al-?Ir?q wa al-Sh?m). Through library and field research, this paper concludes that an approach of fiqh wasa?iyyah, which is based on the reality of law and the reality of religious extremism, can be developed. This research is hoped to assist various parties, especially the Malaysian government, to improve existing deradicalization process and strengthen the efforts to restraint religious extremism in the grassroots.
KHAMR CRIMINAL ACT AND ITS RESOLUTION IN SUBULUSSALAM CITY, ACEH Barutu, Ali Geno
Al-Risalah Vol 19 No 2 (2019)
Publisher : LP2M UIN JAMBI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/al-risalah.v19i2.318

Abstract

The enactment of khamr qanun in Aceh shows Aceh government?s commitment in prohibiting and eradicating khamr and similar drinks. However, the enforcement of the qanun has not been effective, especially in the City of Subulussalam as evidenced in several violations of the qanun. This paper aims to discuss what and how the khamr qanun in Subulussalam, its effectiveness, obstacles faced by the Subulussalam city government in enforcing the qanun, and solutions offered by the city government. After examining relevant literature and conducting observations, discussions, and interviews with Subulussalam City leaders, this paper concludes that the ineffectiveness of the khamr qanun enforcement is due to some constraints, such as lenient punishment, limited human resources, weak socialization of Islamic law and community education.
PERGESERAN SISTEM PERKAWINAN DAN PERCERAIAN PADA SUKU ANAK DALAM Hidayati, Rahmi
Al-Risalah Vol 16 No 01 (2016)
Publisher : LP2M UIN JAMBI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/al-risalah.v16i01.342

Abstract

Suku Anak Dalam merupakan salah satu suku terasing yang terdapat di Propinsi Jambi, dan menggantungkan hidupnya dengan sumber daya alam di hutan. Mereka mengaku beragama Islam dan mengenalperkawinan, perceraian dan poligami. Pemerintah, melalui kepala BKM dan KSPM Propinsi Jambi, telahberupaya memberikan perhatian kepada Suku Anak Dalam untuk berbagai bidang, termasuk bidang HukumKeluarga Islam. Berdasarkan hasil penelitian, bahwa telah terjadi perubahan sosial pada Suku Anak Dalampada bidang hukum keluarga Islam, terutama dalam masalah perkawinan dan perceraian, baik sebelummaupun setelah masuk Islam. Jadi, secara yuridis formal, masyarakat Suku Anak Dalam telah menerapkanhukum Islam (khususnya hukum keluarga) dalam kehidupan mereka
THE MILITARY AND CIVIL SUPREMACY IN INDONESIAN DEMOCRACY: TOWARDS AN IDEAL MODEL IN SIYāSAH SHARʻIYYAH PERSPECTIVE Suntoro, Agus
Al-Risalah Vol 19 No 2 (2019)
Publisher : LP2M UIN JAMBI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/al-risalah.v19i2.488

Abstract

In the history of Indonesia, civil-military relations changed in the reformasi era with the separation of the military and the police, resulting in the removal of the dual-function doctrine and military reform. Despite so, two decades after reformasi has not formed a standard and ideal mechanism to govern civil-military relations within the framework of objective civilian control. This paper addresses issues regarding (a) how the dual-function concept and internal reform within the military; (b) regulatory issues that govern military operations other than war; (c) the ideal model of civil-military relations in Indonesia to ensure democratic life and an overview of the siy?sah shar?iyyah aspects. Using descriptive qualitative method and conducting discussions with military and human rights experts, this paper demonstrates that military reform in Indonesia after the New Order has not yet been fruitful to accomplish the mission to form professional soldiers. The military is still involved in political and civilian life under the pretext that there is no military assistance law. As a consequence, the ideal model of civilian control that puts the military under the control of civilian authority according to siy?sah shar?iyyah principle has not been fully successful and effective.
‘ĀʼISHA BINT AL-SHāṭI’S THOUGHTS ON TARāDUF AND THEIR IMPLICATIONS FOR THE ISTINBāṭ OF LAW Imran, Maizul; Ismail, Ismail
Al-Risalah Vol 19 No 2 (2019)
Publisher : LP2M UIN JAMBI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/al-risalah.v19i2.459

Abstract

As a book containing miracles, in literature, the miracles of the Quran have been proven by ???isha Bint al-Sh??i? through her theory i?j?z lughaw?. She showed the importance of the correct method of interpretation of the Qur?an from aspects of tar?duf (synonym). However, despite following the rule of "there is no word that has the same meaning (tar?duf) in the Quran" as commonly known in the theory of i?j?z al-qur??n (the inimitability of the Qur??n), her thoughts on tar?duf and their implications for the istinb?? (inference) of Islamic law are still unclear. Hence, this article discusses the relation and influence of ???isha Bint al-Sh??i?s thoughts related to verses of laws. By studying the book of al-I?j?z al-Bay?n? lil Qur`?n wa Mas??il Ibn al-Azraq and other relevance sources, this article concludes that ???isha Bint al-Sh??i?s thoughts related to verses of law are still abstract and difficult to be applied, hence it does not give a significant influence on the strengthening of Islamic legal propositions.
Kekerasan Seksual Dan Perlindungan Anak Nasution, Khoiruddin
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

President Joko Widodo on Wednesday, May 25, 2016 has issued and signed Government Regulation in Lieu of Law (Perppu) No. 1 2016 on Second Amendment to Law Number 23 of 2002 on the Protection of Children, which was amended by Act 35 of 2014. However, with the birth of this regulation has born pro and contra about its effectiveness. This paper attempts to describe the reasons behind doubt of the observer, both the pros and the contra. Finally it can be noted three conclusions. First, there are a number of factors that are the cause and source of violence against children. Second, the legal effectiveness in eliminating violence against children, is highly dependent on idealistic law enforcement and legal awareness of society. Thirdly, together with repressive efforts, preventive measures are also necessary to do in the form of providing a short course on family life for productive spouse and candidate parents. In addition, it is also urgent to provide a family counseling.
Sanksi Pidana Pembunuhan Dalam Hukum Pidana Indonesia Dan Hukum Pidana Islam Sebagai Kontribusi Bagi Pembaruan Hukum Pidana Indonesia Ishaq, Ishaq
AL-RISALAH Vol 16 No 1 (2016)
Publisher : AL-RISALAH

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Abstract

This article explains that murder in the Code of Penal and criminal law of Islam is prohibited and sanctioned. Criminal sanctions murder in criminal law varies, and depends on the articles which were violated in the draft of the Criminal Law. For example, imprisonment for 15 years, a lifetime, or forever 20 years. In addition, there is also punishable by imprisonment of 12 years, 9 years, 7 years, 5 years, and 4 years old. While criminal sanctions killing in Islamic criminal law is Qisas. However, in the case of qisas, if the victims family to forgive the killers, the sanctions did not apply Qisas and switch into diyat sanctions. 
Restitusi Terhadap Korban Tindak Pidana Perdagangan Orang Menurut UU RI No. 21 tahun 2007 Dalam Perspektif Negara Hukum Kesejahteraan Sakti Myharto, Wiend
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

Human Trafficking is a criminal offense which later became a hotly discussed in various circles. Indonesian state actually already had the legal instruments to protect our society of crime of trafficking in persons, namely with the enactment of Law RI No. 21 of 2007 on the Eradication of Trafficking in Persons. What is interesting in the law as well as a goal in this paper is a regulation of restitution or compensation which allowed requested by the victim against the perpetrator. The method used in this paper is a normative juridical by taking primary legal materials, secondary and tertiary relating to the investigation. Not as sweet as the ideals of the nation, Restitution still pose a number of problems at the level of norms and implementation. Listed some of the problems that arise as the norm blurred in the rules and procedures for implementation, the unavailability of human resources of personnel qualified in handling cases of human trafficking, as well as a low awareness of the public to report cases of trade in the following efforts to obtain their rights.
Penegakan Hukum Dan Fatwa Haram MUI Terhadap Kebakaran Hutan Dan Lahan di Indonesia Rahmi, Elita
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

Research purposes, first, and criticize enforcement of forest fire. Second, to analyze the position of the MUI fatwa about forest fires and land. The problem is How law enforcement on forest and land fires and how to position the fatwa burn the forest and land issued by MUI. Finally, from this study, it is understood that law enforcement on the issue of forest fires has not been seriously undertaken by the government, because of the limited efforts of the government, including regulations often overlap, yet one vision in uncovering the truth on the stage of the police, prosecutors, courts and Advocates, in thinking about sustainable development (forest for posterity), as well as legal awareness of society, and the business world is still low in the development of its business. On the one hand, the difficulty for judges to prove the involvement of legal entities (corporations) in the burning of forests, poor management of natural resources led to policy and law enforcement, not in accordance with the responsibility to the environment healthy and clean. On the other hand, the position of the MUI fatwa is a source of law, and became the basis of the philosophy of the various regulations in Indonesia in order to give birth and form a living law in Indonesian society, not been implemented by the public as a form of awareness of the law, to care for the environment healthy and clean.
Filantropi Dan Keberlangsungan Ormas Islam Saepudin Jahar, Asep
AL-RISALAH Vol 16 No 1 (2016)
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Abstract

This paper discusses the contribution of Islamic philanthropy (ZISWAF) in maintaining the existence and development of civil society organizations based on religion, such as NU, Muhammadiyah and Mathlaul Anwar. The presence of these institutions be a companion of government in the development of educational, social and religious. The strength of this philanthropy has successfully demonstrated its role and maintain the development of civil society in Indonesia. Relations philanthropy Islam and various religious organizations is an integral and interrelated. In other words, Islam philanthropy exists and grows because it was developed by a period of Islamic Organizations, and vice versa. Philanthropy development in each of these community organizations, appear to be associated with the traits and characteristics of each. Especially during the reform era in Indonesia, managing ZISWAF more lively. It was driven by the transparent and accountable management through institutions ZISWAF. Consequently ZISWAF institutions grew and gained the trust of the public very well.

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