Al-Risalah Jurnal Ilmu Syariah dan Hukum

Journal Information
ISSN / EISSN : 2252-8334 / 2550-0309
Total articles ≅ 48
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Achmad Musyahid Idrus
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 159-174; https://doi.org/10.24252/al-risalah.v21i1.26641

Abstract:
The covid 19 is a fiqh law product that has been issued by a fatwa institution that competent in Indonesia, which is the Indonesian Ulama Council. It has issued no less than 14 legal fatwas relating to covid 19. Those are the Conduct of Worship in Situations the covid 19 Outbreak, Concerning Guidelines for Prayers for Health Workers who Wear Personal Protective eqiument (APD), Guidelines for the management of Bodies Infected Muslim wirh covid 19, Regarding Utilizatiom Zakat, Infaq and Shadaqah Assets for Covid 19 Outbreak, Guidlines for Takbir Kaifiyyat and Eid al-Fitr Prayers during the Covid 19 pandemic, on organization Friday prayers and jamaahs to prevent covid 19 transmission, on Eid al-Adha prayers and jamaahs to prevent covid 19 transmisssion, on Eid al-Adha prayers and sacrificial animal slaughter the Covid 19 outbreak. The ad-Dharar Yuzalu rule is one of the principles of figh which aims to introduce how imprtant it is to protect lives and descendants from the dangers threats of Covid 19. It’s a virus that can actually threaten lives and offspring, so by using this ad-dharar yuzalu rule, the the main purpose of religion can be realized in human life.
Ahmad Mujahid, Haeriyyah Haeriyyah
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 139-158; https://doi.org/10.24252/al-risalah.v21i1.26110

Abstract:
This article discusses qunut as a positive religious-spiritual ethic in the perspective of the Qur'an. The method used is the thematic interpretation method. The results showed that the essence of the meaning of qunut as the religious-spiritual ethics of the Quran is obedience, obedience, submission and slavery full of earnestness, specialty, humility and love for Allah and to the Messenger of Allah. The nature of qunut with such a meaning, true becomes the personality character of every individual Muslim. Qunut character should also be a building of life in spousal or domestic relations and social-community life. Keywords: Qunut; Positive Religious-spiritual ethics
Rozatul Muna, M. Fakhrul Mahdi
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 76-85; https://doi.org/10.24252/al-risalah.v21i1.21702

Abstract:
The study of asbāb al-nuzūl is an essential instrument in understanding the historical context in the Al-Qur'an. This study aimed to examine the background of the revelation of the verses of the Al-Qur'an. Moreover, it was also very helpful to find out the meaning of the verse to understand the Qur’anfor different times and places. This study employed qualitative research, which referred to library research by examining relevant theories and texts. This study examined the two rules caused by differences of opinion among scholars. The two rules become ibarah (handles); namely, the pronunciation generality is not a specific cause, and a specific cause is not a pronunciation generality.
Ummu Awaliah, Muhammad Saleh Ridwan, Rahmiati Rahmiati, Kusnadi Umar
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 117-125; https://doi.org/10.24252/al-risalah.v21i1.24871

Abstract:
Politics and the state are inseparable. The confusion of the form of politics or what is known as the Political Configuration and Legal Products in Indonesia makes people wonder. Then, Islamic Constitutional Law will look at or see how Indonesia's forms of politics and legal products are used. This study aimed to determine Indonesia's political configuration and legal products in terms of Islamic constitutional law. The type of study was normative legal research or research library. The primary data sources were obtained from Al-Qur'an and Hadith, while the secondary data were obtained from books, journals, or materials taken from writings related to the subject matter. The data collection technique was used through the literature by searching, reading, studying, and reviewing related literature. The results of this study showed that: 1) Indonesia currently used a democratic political configuration and responsive legal products, where the public was given space to express themselves and play an active role in determining policies in the government; 2) Islamic constitutional law considered that the political configuration and legal products in Indonesia were in accordance with what was contained in the Islamic constitutional law. This was because Indonesia's democratic political configuration and legal products had the same vision, namely creating prosperity for the general public.
Syafa'At Anugrah Pradana, Rustam Magun Pikahulan
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 109-116; https://doi.org/10.24252/al-risalah.v21i1.24642

Abstract:
A lack of proper interpretation of Decentralisatie Van Het Onderwijs or education decentralization in practice has led to confusion in understanding the legal aspects of education decentralization to oversee the targeted acculturation of Indonesian citizens. Decentralisation Van Het Onderwijs, a Dutch education reform law, was the impetus for this study, which seeks to shed light on the role that decentralization plays in the process of cultural assimilation. Through an examination of the decentralization concept associated with Law No. 23 of 2014 concerning regional government, the legal meaning of education decentralization is determined. Of primary importance is creating an educational framework, which includes teaching student’s values such as morality and respect for others. This framework can only be established through a well-resourced educational system. When it comes to education, moral training, character development, and social responsibility are all part of formal education. Only traditional religious schools, such as pesantren, can provide all of this information.
Muhammad Arif, Chaerul Mundzir, Is Hamdan Ramadhani
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 99-108; https://doi.org/10.24252/al-risalah.v21i1.24156

Abstract:
This article aimed to describe the socio-political conditions after the Bongaya Treaty of 1667. This study employed the historical research method (library research). The researcher applied several approaches, namely the historical approach, religious approach, anthropological approach, and sociological approach. The Makassar War is a momentum for change from all aspects, not only changes from the political aspect but also the social, cultural and economic aspects that greatly tormented the people of Gowa. As a King, Sultan Hasanudin was responsible for the fate of the royal people of Gowa, which was getting sad. Sultan Hasanudin had to consider this even though he wanted to continue to fight. Sultan Hasanudin really understood the suffering of the people of the Kingdom of Gowa. Due to these considerations, the war lasted approximately four years, starting from 1666-1669 and ending with the Bungaya Treaty, which consisted of 30 articles. The treaty affected all aspects of Gowa community life, not only in terms of political factors but also the existence of Muslims. Since then, the power and influence of the Netherlands in East Indonesia began to be embedded towards serious colonialism. Sultan Hasanuddin, who dashed to defend his country until the last second has controlled the Kingdom of Gowa for 16 years; namely 1653-1669 and died in Gowa on June 12, 1670.
Imentari Siin Sembiring, Pujiyono Pujiyono
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 126-138; https://doi.org/10.24252/al-risalah.v21i1.24908

Abstract:
Bribery is an act of corruption. This article aims to analyze the formulation of bribery in the private sector as a criminal act of corruption. This type of research is normative research. The results of the study concluded that bribery in the private sector is an act of corruption as regulated in UNCAC, Indonesia categorizes it as a crime but not as corruption. Problems related to the regulation of bribery in the private sector in Indonesia create ambiguity in its application so it is necessary to accommodate bribery in the private sector as a category of corruption by looking at Singapore which has also ratified UNCAC and has categorized bribery in the private sector as a criminal act of corruption.
Slamet Abidin
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 21, pp 86-98; https://doi.org/10.24252/al-risalah.v21i1.24011

Abstract:
This article aimed to describe and analyze the comparison of the two laws, namely Islamic Law and Positive Law, regarding online loans in the Smart Credit application. This study was a literature study using a qualitative design that was the basis for library research by exploring the postulates of Islamic law and articles of positive law that were directly related to the object studied and analyzing and concluding the comparison of the two laws. The results of this study indicated that the legal requirements for online loans in the Smart Credit application was based on the provisions of Islamic Law and Civil Code. In addition, according to Islamic Law and Positive Law, the online loan mechanism through the Smart Credit application had differences, including in Islamic Law allowing online loans. However, if the loans process used usury or interest, Islamic law forbade the lender. While the Positive Law, in this case, was contained in Article 1320 of the Civil Code, which explained that if a lender has agreed to the process of terms and conditions that the Smart Credit application has made and has bound himself in the applicable provisions, whether a loan that was known to have an interest or a delay in paying would be given a fine, then the loans process was legal in the eyes of the law. This was because they have tied themselves to the online loan process, the Smart Credit application. This study implies that online loans are allowed to be used by the public. However, people must remain careful in using online loan applications that lend funds because the interest from lending these funds is very high and will result in very large losses.
Muh. Rasywan Syarif
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 1, pp 10-25; https://doi.org/10.24252/al-risalah.v1i1.21017

Abstract:
Gagasan pembaharuan hukum Islam lebih dipandang sebagai tantangan sekaligus ancaman yang perlu diwaspadai. Keadaan yang demikian ini hampir menjadi model pemikiran sebagian besar Muslim di Indonesia, yang tentu saja pada akhirnya memimbulkan kegelisahan bagi para penggiat pemikiran Islam, untuk berusaha melakukan rekonstruksi pemikiran, terutama bagi kalangan muda Muslim dari berbagai ormas Islam. Gesekan pemikiran, baik yang muncul dikalangan umat Islam maupun yang diimpor dari Barat, tentunya membawa pada wajah gerakan pemikiran Islam menjadi sangat variatif Obsesi Harun, yaitu ingin melihat ummat Islam Indonesia maju. Kemajuan tersebut menurutnya akan tercapai jika pemikiran umat Islam juga maju, dan pikiran maju tersebut bertitik tolak pada pandangan ideologi rasionalnya yang menurutnya sangat cocok dengan perkembangan dan tantangan kemajuan ketika itu. Atas dasar itulah Harun membawa pemikiran-pemikiran yang diintrodusir di IAIN, sehingga ketika memperkenalkan Islam, Harun mencoba menggunakan pendekatan filosofis dalam buah pikirannya seperti antara lain dalam buku Islam ditinjau dari Berbagai Aspeknya, Pembaharuan dalam Islam, Sejarah Pemikiran dan Gerakan, serta Islam Rasional, Gagasan dan Pemikiran Harun Nasution. Harun Nasution adalah seorang pembaharu pendidikan tinggi Islam di Indonesia, yang kontribusinya terhadap perkembangan pemikiran Hukum Islam di Indonesia, adalah hasil dari dialog antara dia dengan lingkungan.
Islamul Haq, Abdul Syatar, M. Ali Rusdi Bedong, Muhammad Haramain
Al-Risalah Jurnal Ilmu Syariah dan Hukum, Volume 1, pp 1-9; https://doi.org/10.24252/al-risalah.v1i1.20968

Abstract:
This study aims at examining the use the principle of i`tibar al ma'alat in the MUI fatwa number 14 of 2020 concerning the organization of worship in situations of the Covid-19 outbreak. MUI fatwa number 14 of 2020 forced most Muslims in Indonesia to worship out of the box. the results of the study it was found that the MUI in issuing fatwa number 14 of 2020 had considered the principle of i'tibar al ma'alat, the prohibition of worshiping in congregation in areas with high distribution potential was determined in order to anticipate the spread of the Covid-19 outbreak. However, the MUI does not generalize all regions, this is also done based on the principle of i'tibar al ma'alat to avoid the practice of tafrith to religious orders in the midst of society
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