Al-'Adalah

This study examines the risk management of tabarru funds of sharia insurance at PT Asuransi Bumiputera Muda 1967 Serang. The aim is to determine the differences in principle between the conventional insurance system and the sharia insurance system in regulating high-risk issues. This study is classified as doctrinal legal research (normative juridical) which is descriptive and analytical in nature based on data obtained through a literature review. This study found differences in tendencies between conventional insurance and sharia insurance in responding to high risks in a guaranteed contract. According to the conventional insurance system, high risks occurring at the implementation stage of the agreement can result in the termination of the insurance agreement. However, if the high risk has been calculated from the beginning of the contract and agreed upon by both parties, then the contract will continue following the agreement stated in the policy. In contrast to this principle, the sharia insurance system applies the principle of ta'āwun (mutual assistance) where each insurance participant donates their funds to other participants who are affected by disasters, regardless of the risk being low or high. Thus it can be concluded that in conventional insurance the relationship that occurs is between individuals and the company while in sharia insurance all insurance participants are collectively bound to the company and share the risk (transfer risk).

Sri Zanariyah

Ledy Famulia

Rendy Renaldi

AL- ADALAH

High Risk in Loss Insurance in The Perspective of Conventional Insurance and Syariah Insurance

传统保险与伊斯兰保险视角下的损失保险高风险

This article explores several aspects of equality in Banjar Customary marriage law, especially regarding the rights of Sasak noble women in choosing a life partner. The aim is to find out and analyze the rights of Sasak noble women from the perspective of gender and Islamic Law. According to Banjar Customary Law, a noblewoman (menak) cannot marry a jajar karang man (ordinary people). If this is done, the act is considered a nyerompang (violation) which has an impact on the severance of kinship ties and inheritance rights. This study uses the contestation method from Michel Foucault which is applied to study the position and status of men and women in Sasak Society. This study found the fact that two kinds of tendencies are currently developing in Sasak society. First, the group that maintains Customary Law, and second, the group that welcomes change. The emergence of this second group is influenced by several factors, including the influence of local Ulama who offer egalitarianism in Islamic Law to solve marriage problems that arise in society. This study also concludes that there is a relationship between customs strengthened by scholars with the theory of contestation, where customs are normative forces that are maintained and influence the dynamics of power in the context of marriage. The presence of laws, thus, that combine cultural traditions and religious beliefs is needed to achieve gender equality in marriage

Doni Azhari

Syihabuddin Qalyubi

The Rights of Sasak Noble Muslim Women in Choosing A Mate: an Analysis of The Marriage of Noble Women With Jajar Karang Men From The Perspective of Islamic Law

萨萨克贵族穆斯林女性选择配偶的权利：从伊斯兰法角度分析与贾贾尔·卡朗男性的婚姻

A husband, in his position as head of the household, is obliged to provide the best possible living for his wife and children and provide for them according to his ability. On the other hand, a wife, in her position as a housewife, is obliged to manage the internal affairs of the household, starting from raising and caring for children, and providing food, to maintaining family assets. The wife is not responsible for the family economy, but she can play a role in earning a living for the family with her husband's permission. This research aims to examine the provisions of Islamic law and positive law towards prisoners who cannot carry out their duties to provide support for their families. This type of research includes normative juridical research using data collection techniques in the form of literature studies. The research found that prisoners generally cannot provide a living for their families. Therefore, they are forced to entrust their wife and children to their families or to transfer previous business to the wives, allow their wives to earn a living, and even allow them to divorce and remarry. To overcome this problem, it is hoped that the Government can develop the function of Penitentiary Institutions by creating independent employment opportunities for prisoners so that they can earn income to help ease the burden on their families.

Ade Jamarudin

Ofa Ch Pudin

Muh. Said

Ahmad Firman Hidayatullah

Syafi’ah Syafi’ah

Prisoners' Obligations to Provide Support for Their Family According to Islamic Law and Positive Law

根据伊斯兰法和实在法，囚犯对其家庭提供支持的义务

The cases of domestic violence in Indonesia tend to increase from time to time. Based on data released by the National Commission on Violence Against Women in 2020, the number of domestic violence complaints received was recorded at 4,371, an increase from 4,322 cases in the previous year. From the perspective of Islamic criminal law, domestic violence is classified as jarīmah takzīr (criminal acts where the legal provisions are left to the discretion of the authorities) whereas in positive law domestic violence is regulated in Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence. This research discusses domestic violence in Bandung and examines the methods for resolving cases at the Religious Courts and the Bandung Police. The aim is to find the characteristics and methods of resolving cases in the two institutions. This research is classified as field research using comparative methods. Data was obtained from the document available at the Bandung Religious Court and the Bandung City Police Station. This research finds that more domestic violence cases in Bandung City were resolved through criminal channels (police) rather than civil channels (Religious Courts). This research concludes that although both Islamic Law and Positive Law view domestic violence as a criminal act, there are differences in the methods of resolving them in the Religious Courts and Bandung Police. This is because the competence of each institution is different. The Religious Court only handles the civil side, while the Bandung Police handles the criminal side.

Usep Saepullah

Eva Nur Hopipah

Domestic Violence in The Perspective of Civil and Islamic Criminal Law

民事与伊斯兰刑法视角下的家庭暴力

Domestic Violence (KDRT) is still a serious problem faced by low-income families, especially in the post-Covid-19 pandemic era. Even though the pandemic has ended, the social and economic impact it has caused continues, especially among street vendors. This research aims to examine the role of family resilience in overcoming domestic violence among low-income families after the Covid-19 pandemic using qirā'ah mubādalah perspective. This research is qualitative research using a phenomenological study approach. Data was collected through in-depth interviews with low-income families who had experienced cases of domestic violence after the Covid-19 pandemic. The data that has been collected is analyzed to identify factors that influence the level of family resilience in dealing with domestic violence, as well as the possibility of implementing qirā’ah mubādalah as an alternative solution to prevent the emergence of Domestic Violence (KDRT).

Rohani Rohani

Hellen Lastfitriani

Nia Anggraini

Nola Fibriyani Bte Salman

Efforts to Increase Family Resilience Among Street Vendors Post Covid-19: Qirā’ah Mubādalah Perspective

后新冠疫情时期街头小贩家庭韧性提升的努力：Qirā’ah Mubādalah视角

Divorce cases in Jember Regency over the past three years have reached a fantastic number and are among the highest in East Java. This study aims to find the causes of the high number of divorce lawsuits (khulu') in the Jember Religious Court, its implications and alternative solutions to reduce this phenomenon. This study is classified as qualitative research with a case study approach. Data were obtained through interviews with several religious court officials, court documentation, leading journals and information from other reliable sources. The results of the study indicate that economic problems and constant quarrels are the main factors among a number of factors that encourage the emergence of divorce lawsuits. The implication of this case is the neglect of hadlānah issues and the fulfillment of ex-wives’ rights by ex-husbands. In examining khulu' cases, judges tend to choose the al-tafrīq al-Qadlā scheme which allows them to protect the rights of ex-wives while requiring ex-husbans to meet the needs of children (hadlānah) and the 'iddahmaintenance of his ex-wife. Furthermore, to reduce the increase in divorce cases, there are three solutions can be taken. First, cooperate with zakat institutions to help overcome family economic problems, especially families who are in court. Second, increasing the role of the Job Training Center to equip husbands and wives with soft skills and hard skills so that they can earn a living. Third, maximizing family guidance at the Religious Affairs Office (KUA) for prospective brides and grooms, including those who are already married, to realize family resilience in facing various household problems

Muhamad Arifin Badri

Anas Burhanuddin

Ghufran Jauhar

Factors Influencing The Increase in Khulu's Divorce: A Case at The Jember Religious Court (2021-2023)

影响库鲁离婚率上升的因素：泗水宗教法院案例研究（2021-2023）

This article examines and compares the concept of maslahat in the Fiqh Awlāwiyāt (fiqh of priority) in the view of Yūsuf al-Qarādhawī and Abdus Salam Alī al-Karbulī. The aim is to find similarities and differences between the two views. Fiqh Awlāwiyāt, which places maslahat as an important reference in determining the scale of priority, can be used to solve contemporary problems. Unfortunately, there are not many studies that discuss this in depth. This article is part of the results of normative legal research with a comparative approach. Data were collected through literature studies and analyzed using descriptive-comparative analysis techniques. This article finds similarities between Yūsuf al-Qarādhawī's thought and Abdus Salam Alī al-Karbulī's in determining the types and levels of maslahat needed in the scale of priority. In constructing Fiqh Awlāwiyāt, the two figures above are based on Fiqh Muwāzanāt. The difference in their thoughts lies in determining the scale of priority. Al-Qaradhawi uses the rules of fiqh, while al-Karbulī uses the al-Ta’ārudh method. However, the substance of their thoughts is similar and interrelated. Thus, it can be elaborated in the context of developing Fiqh Awlāwiyāt.

Teguh Ifandy

Idaul Hasanah

Maslahat (Benefits) in Fiqh Awlāwiyāt: A Comparison between Yūsuf al-Qarādhawī’s View and Abdus Salam Alī al-Karbulī’s

《乌拉维法学中的马斯拉哈特（利益）：优素福·卡拉达维观点与阿卜杜斯·萨拉姆·阿里·卡尔布里的比较》

Using digital technology and social media is important in advancing sustainable tourism and expanding its appeal internationally. In this regard, the digitalization program for tourist villages needs to be encouraged because it has significant prospects in increasing the number of visitors while supporting the sustainability of tourism. This study aims to discuss the development of a sustainable tourist village model through a digital tourism approach carried out in the Provinces of West Java, the Special Region of Yogyakarta, and Lampung from an Islamic economic perspective. Data were obtained through observation and questionnaire methods from primary and secondary sources. The collected data were then processed and analyzed using triangulation and SWOT techniques. The study results show that the three provinces above have good internet access, making it possible to promote tourism potential through digital platforms. In terms of opportunities, adopting the digital tourism concept can open up great potential in increasing tourist engagement and market expansion. On the other hand, the lack of information and limited Human Resources must be addressed because they can hinder marketing potential and operational effectiveness. In addition, tight competition with other tourist areas must be anticipated because it can reduce investment interest and tourist visits. The sustainable tourism village model development through an environmentally friendly tourism approach has a strong foundation from a shari’ah perspective because it is supported by the Qur’an, Hadith, and the fatwa of the DSN MUI.

Heni Noviarita

Muhammad Kurniawan

Khavid Normasyhuri

Developing Sustainable Muslim-Friendly Tourism Village Model Through Digital Tourism: Perspective of Shari’ah Economy

通过数字旅游发展可持续穆斯林友好型旅游村模式：沙里亚经济视角

The concept of gender justice is often understood from contradictory perspectives. In religion, this issue is notably found in the division of inheritance rights. The interpretation of gender justice in inheritance is polarized between textual and contextual patterns, with approaches that are difficult to reconcile. This paper aims to construct a new meaning of gender justice in inheritance. This theme is examined through qualitative research, literature review design, and analysis based on theories of justice and equality. The research results conclude that the reinterpretation of gender justice in inheritance distribution is implicitly contained. Although there is gender inequality in inheritance distribution, this inequality demonstrates justice. The implications of this research are expected to provide an understanding that equality is not synonymous with justice, so when the distribution of inheritance between men and women is unequal, it does not necessarily mean it is unfair.

Hani Sholihah

Nani Nani Widiawati2

Mohd Khairul Nazif Bin Hj. Awang Damit

Reinterpretation of Justice in Islamic Inheritance Rights Based on Gender

基于性别的伊斯兰继承权正义再诠释

The debates on the application of Islamic criminal law in various Muslim-majority countries are still ongoing. This is because these countries still adhere to a positive legal system. This phenomenon has spread to many things including implementing the punishment of cutting off the hands of corruptors as is the punishment for thieves in the provisions of Islamic criminal law. One of the obstacles, in this case, is due to differences of opinion on the use of the term "thief" to be applied to "corruptor". This article aims to analyze the punishment provisions for thieves as regulated in Surah al-Maidah verse 38 to be applied to perpetrators of corruption. This article is the result of qualitative research with a linguistic approach. The primary data source in this study is the Qur'an, whereas, the secondary data sources are articles, books, and other relevant documents. Data were collected through a literature study method which was then processed, analyzed, and concluded. This study found that the crime of corruption, seen from a linguistic perspective, has the same meaning as thievery; the perpetrator, therefore, can be sentenced to the same punishment (cutting off the hand). The punishment here is the most severe type that can be imposed on perpetrators of corruption, considering that the impact it causes is heavier and wider than the impact that arises in the crime of thievery. Certainly, this punishment is applied if it has met all the elements and legal requirements and is applied in a very strict manner.

Helmina Helmina

Hermanto Harun

Doli Witro

Muh Zaitun Ardi

Darti Busni

Compromising and Repositioning the Meaning of Corruptors as Thieves in Applying the Provisions of Shara’ into the Modern Era Context

在现代背景下应用沙里亚法条款时，妥协并重新定位腐败者作为窃贼的含义

Publication Information	Publisher: Universitas Islam Negeri Raden Intan Lampung，Publishing cycle: ，Journal Type: journal，Open Access Journals: Yes
Basic data	Year of publication: 2020，Proportion of original research papers: 0.00%，Self Citation Rate:N.A.， Gold OA Rate: 0.00%
Average review cycle	网友分享经验：24 Weeks

Al-'Adalah

Journal Citation Format

A journal article with 1 author

A journal article with 2 authors

A journal article with 3 authors

A journal article with 5 or more authors

Books Citation Format

Thesis Citation Format

Web sites Citation Format

Patent Citation Format

Staying up late manually editing references? ivySCI automatically matches journals and helps you generate references with a single click.

Share Submission Experience