AL-'ADALAH

Journal Information
ISSN / EISSN : 0854-1272 / 2614-171X
Total articles ≅ 40
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DOAJ
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Henry Iwansyah
AL-'ADALAH, Volume 15; doi:10.24042/adalah.v15i2.3549

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Mohd Rizal Muwazir, Deky Anwar , Ab Mumin Ab Ghani
AL-'ADALAH, Volume 15, pp 389-414; doi:10.24042/adalah.v15i2.3200

Abstract:
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.
AL-'ADALAH, Volume 15, pp 293-306; doi:10.24042/adalah.v15i2.3481

Abstract:
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.
Marli Candra
AL-'ADALAH, Volume 15, pp 345-366; doi:10.24042/adalah.v15i2.2783

Abstract:
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.
AL-'ADALAH, Volume 15, pp 367-388; doi:10.24042/adalah.v15i2.3004

Abstract:
Resolution of disputes by way of litigation always takes a long time, expensive dan 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.
AL-'ADALAH, Volume 15, pp 307-324; doi:10.24042/adalah.v15i2.3387

Abstract:
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
AL-'ADALAH, Volume 15, pp 263-292; doi:10.24042/adalah.v15i2.2623

Abstract:
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.
AL-'ADALAH, Volume 15, pp 234-262; doi:10.24042/adalah.v15i2.2484

Abstract:
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.
I Gusti Ayu Ketut Rachmi Handayani, Zainab Ompu Jainah
AL-'ADALAH, Volume 15, pp 17-36; doi:10.24042/adalah.v15i1.2657

Abstract:
This article examines the Islamic legal perspective on the application of capital punishment against drug dealers/traffickers. The aim is to find out whether these provisions are in accordance with the rules of Islamic law or not. This study uses a normative juridical approach which is carried out by examining legal norms or norms related to the object of discussion. This study finds out that Islamic law does not explicitly regulate drug crime, including determining sanctions for the dealers/traffickers. Islamic law only regulates the crime of liquor (khamer). Therefore, this criminal act can be included in the category of jarîmah ta’zîr which its legal sanctions are left to the authorities policy. Although this crime can be classified as a common crime, it is reasonable that the dealers/traffickers of the illicit goods are given severe punishment, even until sentenced to death, as this crime has a tremendously adverse effect not only for individuals but also for society and the nation as a whole. The sanction is in accordance with the principles of ushûl fiqh.
Ngainun Naim
AL-'ADALAH, Volume 15, pp 51-72; doi:10.24042/adalah.v15i1.2621

Abstract:
The reality of Indonesian society is a multicultural society. Therefore, religious understanding and toleration to differences and diversity is necessary to be developed in order to create peace and harmony in the social life. This paper aims to explore the concept of Islamic Jurisprudence in the context of social diversity. This concept is important because the old fiqh concept resting on normative-theological reasonings needs to be reconstructed and replaced with contextual-progressive ones. The changes in the fiqh epistemology from normative-theological to contextual-progressive reasonings are carried out through adaptation to principles of Maqâshid al-Sharîah (basic aims of religious provisions) which are contextualized according to the social growth. The new model of fiqh constructed through combination of religious teachings and social development is expected to make a valuable contribution to the establishment of peace and harmony among all elements of Indonesia society.
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