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Al 'Adalah : Jurnal Hukum Islam
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This is an Open Access Journal

Open Access journal
ISSN (Print) 0854-1272
Published by IAIN Raden Intan Lampung

[26 journals]

Husein Muhammad’s Thoughts On Gender Equality In Islamic Inheritance
Law
- Authors: Linda Firdawaty, Ahmad Munji, Ahmad Sukandi, Nurnazli Bukhari, Ira Apriani
  Abstract: This research aims to analyze the philosophical reasons for Husein Muhammad's thoughts about the importance of the equal distribution of inheritance between men and women in Islamic inheritance law, as well as the method of legal reform that he uses when understanding verses about inheritance. This research is field research. Data was collected through virtual interviews. Data analysis was descriptive qualitative, with maslahah theory, and historical and sociological approaches. The research findings show that one of the reasons why verses about inheritance need to be reinterpreted, according to Husein, is because these verses fall into the category of mutashabihat verses (interpretable) so they need to be reinterpreted by looking at the current context. Another reason is that the inheritance verses that regulate section 2:1 for men and women in the Prophet's era were only intended for the context of society at that time, where women had no inheritance rights, and even women were used as objects of inheritance. Nowadays, the existence of women is growing. That way the portion of their inheritance should be reformed and adapted to current socio-cultural developments. Husein emphasized that gender bias occurs due to bias when interpreting the Qur’an, and the influence of patriarchal culture.
  PubDate: 2023-02-27
  DOI: 10.24042/al-'adalah.v19i2.13123
  Issue No: Vol. 19, No. 2 (2023)
Legal Certainty of Arbitration in The Settlement of Islamic Economic Civil
Cases in The Perspective of Positive Law in Indonesia
- Authors: Usep Saepullah
  Abstract: One of Law enforcement efforts can be conducted through a non-litigation approach. In this, arbitration can be seen as a non-litigation legal effort and can be used to resolve Islamic economic civil cases. So far, arbitration law effort has been regulated in the Law Number 30 of 1999 and is widely used in the law enforcement practices. This study uses a normative-juridical method and a qualitative approach. The sources and techniques of data collection refers to the number of relevant literatures, and also analyzed deductively and inductively. The results of this study show that legal certainty of arbitration in the settlement of Islamic economic civil cases in the perspective of positive law in Indonesia that regulated in regulated in the Law Number 30 of 1999 has proven to be quite effective in resolving Islamic economic civil cases. The benefit of Islamic economic civil cases settlement through arbitration is the parties have the same position in the form of equality before the law, the process is easy, not expensive, and a win-win solution. Moreover, arbitration can also guarantee legal certainty and justice for the disputing parties.
  PubDate: 2022-12-25
  DOI: 10.24042/al-'adalah.v19i2.14384
  Issue No: Vol. 19, No. 2 (2022)
Zhihar Contextualization in Indonesia: an Anthropo-Linguistic Study
- Authors: Azmi Siradjudin, Ibnu Akbar Maliki
  Abstract: The law of zhihar (equating wife to her mother) is closely related to Arabic culture, where the Qur'an was revealed. In Indonesia, zhihar law cannot be enforced because of social norms differences. This article examines the contextualization of zhihar in Indonesia. The aim is to examine the meaning of zhihar in the Qur’an which is then applied in the context of Indonesian culture. Specifically, the contextualization includes the use of language in the zhihar which is then linked to the existing cultural context. This research is purely a literature study using qualitative methods. The approach used is the sociology of language, or more specifically it can be called the anthropo-linguistic approach. The results of the study show that respect is deeply embedded in family life in Indonesia. This means that the husband may equate his wife with his mother-in-law; But not forbid himself against his wife, only to praise and respect her. From the perspective of the sociology of language, this compliment is a reflection of cultural values that have long lived in Indonesian society. The mufassirs (the commentators of al-Qur'an) stated that this action is not zhihar because the lafadz zhihar requires the intention to forbid husband and wife relations. Therefore, it is necessary to conduct an in-depth study dealing with the axiological value of the law of zhihar in the Qur'an which is linked to socio-cultural aspects.
  PubDate: 2022-12-25
  DOI: 10.24042/al-'adalah.v19i2.14040
  Issue No: Vol. 19, No. 2 (2022)

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