Al-'Adl
ISSN : 19794916     EISSN : 26155540
Jurnal Al-'Adl merupakan Jurnal Ilmiah yang diterbitkan oleh Fakultas Syariah IAIN Kendari. Al-'Adl secara spesifik mempublikasikan tulisan ilmiah baik naskah ilmiah maupun hasil penelitian yang berorientasi pada masalah hukum Islam dan pranata sosial serta kajian keislaman lainnya.
Articles 12 Documents
Search results for , issue " Vol 1, No 2 (2008): Al-Adl" : 12 Documents clear
Kedudukan Hukum Islam dalam Sistem Ketatanegaraan Indonesia Idris, Muhammad
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

The Republic of Indonesia is not an Islamic State. By complying with the Jakarta Charter in the Presidential Decree of July 5, 1959, it is by no means an Islamic state in Indonesia. With the recognition of the Jakarta Charter, it can be interpreted that Islamic Law applies to the followers of Islam as well as the politics of the Dutch East Indies before 1929. The new order government imposed Islamic law for its adherents with Law No. 1 of 1974 on marriage. RUU-PA, is the implementation of Article 24 of the 1945 Constitution and Article 10 of Law No. 14 of 1970 on the basic provisions of judicial power.
Qathiy dan Zhanny dalam Perspektif Pemikiran Islam Daming K., Muh
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

One of the factors of the difference of opinion is the existence of syara texts that multi-interpretation, so the theory of qathiy and zhanny also can not be separated from the problem. This paper attempts to highlight the problem of the theory in the perspective of Islamic legal thought, that there are differences in the way of the ulama ushul scholars, both classical and modern, in applying the two theories. The classical scholars tend to restrict themselves in matters of qathiy, while modern scholars try to break them
Hukum Islam (Antara kontinuitas dan Transformatif/perubahan) Muhammad, Abduh
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Islam is believed by its adherents as a religion that is absolutely true and universal, not limited by time and space and certain circumstances. This is as stated by the Quran itself, the teachings of Islam whose message is brought by Prophet Muhammad SAW is to all mankind wherever they are (kāffatan li al-nās, rahmatan li al-Ālamīn). In contrast to earlier celestial religions, where the religions have limited capacity and time zone, which is temporary because it is limited by the presence of the next prophet and apostle, such as the teachings of Prophet Musa (AS) identified as Judaism, deadline- is the presence of the teachings of Prophet Isa AS identified as Christian or Christian religion. Similarly, the teachings of Prophet Isa AS this deadline is the presence of the teachings of the Prophet Muhammad SAW known as Islam, which is the ultimate of Gods plan to provide guidance for mankind in carrying out their life management in the world, which later will be accountable to the hearing plenary of Allah in the Hereafter, because afterwards there is no more prophets and apostles who are sent by God for it. Thus, firmly that from the point of actualization, Islam does not have the dimension of space and time, so it is universal. Therefore, Islam should be acceptable to every human being on this earth, without having "conflict" with the condition and environment in which he is.As the last treatise of Allah SWT, Islam has been given attributes in it, namely the existence of elements tsabat (eternal, continuous, eternal) and at the same time is transformative. This means, that Islamic law as one dimension of Islamic teachings, of course, applies all the time. Therefore, he must be able to respond to the various problems of humanity that emerged after the apostles of the Prophet Muhammad SAW and so on until the end of time. This is an astonishing miracle of Islamic teachings, and as an indication of eternity, harmony, and integrity in every place and time.
Kasus Tabrak Lari Suatu Tinjauan Sosiologi Hukum Sakkirang, Sriwati
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

If there are events about traffic accidents where the abuser is not to be judged alone because the hit and crashed is a human being in the eyes of God and the same Law. Where they are victims also who need help soon, let us take them to the nearest hospital and then afterward to the police station to resolve the issue. If so, then the case of hit-and-run will not happen, God willing
Kedudukan Perempuan dalam Hukum Keluarga Islam Di Indonesia (Telaah Kompilasi Hukum Islam Perspektif Kesetaraan Gender) Asni, Asni
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

This research is motivated by the rise of gender discourse in the last two decades as a reaction to the reality of gender imbalances that have given birth to injustice to women in the form of marginalization, subordination, and violence against women which has also occurred in the family. The existing discourse among others voiced the importance of renewing the various rules of law that are considered gender biased.This study aims to reveal the position of women in family law through a study of the rules contained in the Compilation of Islamic Law as an applied law for the Religious Courts within the framework of gender equality perspectives.The study of the article by article relating to gender relations in the rules of family life, it appears that although some of these rules still have certain parts that seem biased gender, generally it can be concluded that KHI enough to show equality between men and women in family life. Gender equality perspectives include among others the rules on equality of positions of husbands and wives, restrictions on polygamy, common property, divorce, divorce, child domination and inheritance
‘Usman ‘Ibn ‘Affan dan ‘Ali Ibn Abi Talib (Nepotisme dan Majlis Tahkim) Mulu, Beti
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Khalifah Usman ibn Affan was the third khalifah after Abu Bakardan Umar ibn Khattab. He was born in the sixth year of the elephant year in 576 AD He embraced Islam and performed the Prayer on the auction of Abu Bakr. Khalifah Usman is a wealthy merchant, very generous to the interests of Islam and Muslims.Caliph Usman Bin Affan was elected as the third Caliph in a deliberative committee headed by Abdurrahman Bin Auf who had been appointed by Caliph Umar Bin Khattab. He served as a caliph for 12 years. The first six years recorded the progress made for the progress of Islam. And in the last six years there arose rebellion from the Islamic community due to allegations addressed to the Caliph Usman Bin Affah that he run the wheels of government nepotism. The greatest effort of Caliph Uthman for the benefit of Muslims is the compilation of the Quran by performing the uniform readings known today by the name of al-Mushaf.In the reign of Caliph Usman Bin Affan has been exploited by his family of the Umayyads to gain power and wealth that led to allegations of nepotism practice in running the government. That gave rise to rebellion against the Caliph of Uthman and to the murder of the Caliph Usman ibn Affan.Ali Ibn Abi Talib is the cousin of the Prophet Muhammad SAW. He was born at the time of the prophet Muhammad was twenty-nine years old.Ali is the first generation who converted to Islam. He always accompanied the Prophet Muhammad in the struggle to uphold Islam both in Mecca and in Medina. Khalifah Ali ibn Abi Talib was named the Caliph by the majority of Muslims in the mosque of Madinah in 656 AD. His political policy dismissed the governors appointed by Uthmans Caliph and withdrew the land he had granted to the population, causing the Umayyad families to strengthen the ranks of supporting Muawiyah against the Caliph Ali ibn Abi Talib. Similarly Aisha, Talhah and Zubeir in Basrah on the grounds of the death of the Caliph Usmanibvn Affan. Finally, there was a Jalal war followed by the Siffin war which ended with the tahkim that dismissed Ali from the typical Islamic post and raised Muawiah on the tactics and engineering of Amr ibn al-Ash. Hence, some of Alis followers declared their exit from Alis group called the Khawarij. In the khawarijlah khalifah Alis assassination in 40 H.
Hadis Tahlili tentang Jumlah Raka`At Shalat Tarawih Pairin, Pairin
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

The growth of deeds after the Prophet died, because for the practice of worship solely to Allah swt. Various worship in Islam is more of a pious charity and spiritual practice in accordance with human nature. Implementation of worship is a regulation of the life of a Muslim, whether through the implementation of prayer, zakat, fasting and so forth. What is clear, the implementation of worship has united the Muslims in one goal, namely servitude to God alone. Through the worship of many things that many obtained by a Muslim whose interests not only cover the individual but broadly and universally important with sincere conditions and on the basis of obedience to Allah swt.From here, one of the most highly recommended worship of the Messenger of Allah, which is only done in the month of Ramadan is tarawih prayer. Tarawih prayers at first only said al-lail prayer because it is done especially on the night in the month of Ramadan. It is said tarawih (jama` from tarwihah word) because every two or four rakaat congregation of rest prayer is due to the length of the verses of the Quran which are read on every rakaat.Tarawih problem first and now is still an interesting topic to be studied, discussed and researched first, because there are some things that are still questioned by the ummah of Islam, among which is the number rakaat. In this case, the scholars are different opinions so that Muslims are also different in implementing it. The irony of the difference in this problem has occurred since the first Muslim generation since the days of the Companions, when they see firsthand the Prophet tarawih Messenger of Allah, at least they have obtained a direct explanation from him. Muslims among the laity become confused to choose and determine which is really true. While in the Muslim intellectuals more incentive to criticize by finding various reasons. And some assume that his opinion is the most correct, and people who do not agree with him actually think of him as a bidah expert. aka in a society, there is often unbalance between the Muslim groups with each other, because of differences in tarawih problems. To prevent such things from happening above, Muslims should develop their religious knowledge insight so as to grow mutual understanding between brothers and sisters.
Mengenal Sistem Operasional, Jasa dan Produk Perbankan Syariah Maguni, Wahyudin
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

The concept of Islamic banking (hereinafter referred to as Syariah banking) 1) is new to the people of Indonesia, including to the Muslim community itself, although the basic concept of sharia banking has been running for a long time, in reality in Indonesia the practice of sharia banks is new started in 1992. Based on the fact that the practice of sharia banking is new in the early stages (On infant state), it is reasonable if it is still poorly understood by the community, so some of them looked with a hope of anxiety and doubt at the same time.One of the obstacles faced is the slow process of socializing the Syariah banking system. This is not only due to the limited network of Syariah banking services, but also because of the lack of Islamic banking studies centers in particular and Islamic economics in general. Understanding of Syariah banking system is not enough only done through technical socialization. Background and history of the development of the thought of the scholars and Muslim scholars until the realization of the concept of sharia banking system also needs to be socialized.We should be grateful that currently Law No. 10/1998 on the Amendment of Act Number 7 of 1992 concerning banking has broadly accommodated the implementation of Syariah banking in the midst of the banking system that has been running for this. In other words, under the Act, our banking system has adopted a dual banking system.This paper is intended to participate briefly in its birth, its operational system, its position in Indonesian banking law, and the need for the socialization of Syariah banking.
Bercermin pada Penanggalan Masehi Muhalling, Rusdin
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

So far the system of determining the beginning of the month of Qamariyah for Muslims, has not been able to satisfy because there are still differences of perception in determining the beginning and the end of Ramadan and Dhul-Hijjah. Because of this problem, "concerning obligatory ain" for every Muslim, that is the obligation to run fast and hajj.Unlike the timing of prayers and the direction of the Qiblah that everyone seems to agree on, the early determination of this month is a disputed issue of the "way" used. One side is using with "Ruyat", while on the other side with "Haisab". So the problem of determining the beginning and the end of the month, especially the months associated with fasting and hajj, has always been a sensitive issue and very worried by the government, because there is often a dispute among people, while the community is only due to different days in starting and ending the fasting Ramadan .
Pluralitas dan Tantangannya Mustafa, Mustafa
Al-Adl Vol 1, No 2 (2008): Al-Adl
Publisher : Institut Agama Islam Negeri (IAIN) Kendari

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Abstract

Theoretically, the concept of the plurality is diverse. The plurality includes both metaphysical and physical areas. In a metaphysical area especially in the field of religious faith-there is also plurality. Each is recognized for its existence in accordance with the beliefs of its adherents, both on theological, political and economic aspects.The dominant plurality challenge is the truth claim. Theological, political and economic issues are the three most important factors in life which in history have seen that the theological factor once dominated Western culture, then the political economy, the third world was dominated by the West. Even this dominance by the US, as a superpower, seems to be sustained to the present day. The dominant attitude is not in accordance with the spirit of the concept of plurality. The way of solving it in the field of dawah is, among others, with an ethical-humanist approach on the principle of universal human values

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