https://shariajournals-uinjambi.ac.id/index.php/al-risalah/issue/feedAl-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan2024-06-30T21:40:48+07:00Dr. Sayuti Una, S. Ag., MHalrisalah@uinjambi.ac.idOpen Journal Systems<p style="text-align: justify;"><strong>Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan</strong> <a href="https://www.scopus.com/sourceid/21101206093"><strong>(Scopus</strong></a>,<strong><a href="http://sinta2.ristekdikti.go.id/journals/detail?id=798" target="_blank" rel="noopener"> Sinta 1</a></strong>, p-ISSN: <a title="1412-436x" href="https://portal.issn.org/resource/ISSN-L/1412-436X"><strong>1412-436x</strong></a>, e-ISSN: <strong><a href="https://portal.issn.org/resource/issn/2540-9522" target="_blank" rel="noopener">2540-9522</a></strong>) is published by Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi twice a year (June and December) since 2001. From the establishment, Al-Risalah Journal has published a legal periodical publishing scholarly and authoritative articles on legal issues of current importance to both academic research and legal practice.</p> <p style="text-align: justify;">This journal aims to provide a means for sustained discussion of relevant issues that fall within the focus and scopes of the journal which can be examined empirically in the following fields: 1) Sharia (Islamic legal thought and jurisprudence; Islamic economic, Criminal, Civil, and Constitutional Laws); 2) Law Science (criminal law, civil law, international law, constitutional law, administrative law, economic law, customary law); 3) Politics Science (Islamic political law and political science).</p> <p style="text-align: justify;">Principally, the journal's editorial policy is to favour contributions which will be of interest to a wide cross-section of its readership - contributions which, if specialized, nevertheless serve to bring out matters of broader interest or importance within their specialization. However, articles which are not included in the area of law and social sciences are not covered and out of the scope of this journal.</p> <p style="text-align: justify;"><strong>Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan</strong> is proud to accept papers for its upcoming edition: Volume 23, number 2, 2023. Please submit your paper online <a href="https://shariajournals-uinjambi.ac.id/index.php/al-risalah/user/register" target="_blank" rel="noopener">click here</a> or email to: <strong>alrisalah@uinjambi.ac.id</strong></p>https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1324Consumer Behavior Model: Brand Equity Mediated by Halal Awareness and Religiosity of Herbal Products Islamic Law Perspective2024-01-29T00:42:38+07:00Rafiqirafiqi@unja.ac.idFitri Widiastutifitriwid2016@unja.ac.idPaulina Lubispaulina_Lubis@unja.ac.idDarwisyahdarwisyah@gmail.com<p>Islamic economic theory emerged due to the theory of demand for goods and services. The demand for goods and services arises as a result of the wants and needs of real consumers and potential consumers. Herbal products, when associated with the Covid 19 issue, are currently a global conversation, so sales of these herbal products have experienced a significant increase compared to previous years. the Covid 19 pandemic disaster occurred. Due to the development of this herbal product sales trend, the brand equity of good quality products can affect consumer buying interest. Halal Awareness in halal-certified herbal products is a major construct that can help improve product brand reputation in intensively promoting consumer purchase intention models for halal brands. Consumer trust and behavior to buy herbal products is the key to the company's success in getting loyal consumers. An interesting question in this study is that the variables of brand equity and consumer behavior can mediate the relationship between halal awareness and religiosity variables. The purpose of this study is to analyze the relationship between consumer behavior, brand equity and halal awareness and religiosity. The research design is descriptive quantitative with a sample survey method. The research respondents were the people of Jambi City with a total sample of 200 people, but the number of samples collected was 210 people. The analysis tool uses PLS. From the results of this study, it is known that there is a positive relationship between consumer behavior, brand equity and halal awareness as a mediating variable. The study also shows that there is a positive relationship between consumer behavior and brand equity and there is a direct and significant positive relationship with brand equity. It is hoped that the results of this study will contribute empirically to thoughts related to consumer behavior, halal awareness, religiosity to brand equity.</p>2024-06-22T00:00:00+07:00Copyright (c) 2024 Rafiqi, Muhammad Amin Qodri, Umar Hasan, Evalina Alissahttps://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1471Fresh Flour As a Symbol Hope Perpetuate Marriage: Cultural Practices of Marriage in Riau Islands2024-06-29T14:45:54+07:00Muhammad Juni Beddujhuni_cairo@yahoo.co.idMuhammad Iqbal Azhariiqbal.azhari@gmail.comFithri Mehdini Addieningrummehdinifithri12@gmail.comAndi Amma Ruhmah aaruhmah@gmail.comMuhammad Zakir HusainZakir.husin@unissa.edu.bnNormadiah Daudnormadiah@unisza.edu.my<p><strong>Abstract:</strong> This research examines the role of plain flour in religious, cultural, social, and marriage perspectives in the Riau Islands community. Plain flour is a practice that is closely related to wedding ceremonies in the Riau Islands region. This research method uses a qualitative approach with the data collected through literature related to Tepung Tawar in Religious, Cultural, Social, and Marital Perspectives in the Riau Islands Community. This research also uses a descriptive method, namely explaining. This research uses a historical and contextual approach. The analytical method used is content analysis, namely digging deeper into the importance of plain flour from a religious, cultural, social, and marriage perspective in the Riau Islands community by reviewing various literature. The research results show that plain flour has essential meaning and function in the context of religion, culture, society, and marriage in the Riau Islands community. From a religious perspective, plain flour is used as a form of offering to the gods and goddesses and to cleanse negative energy that may exist in marital relationships. This practice is also considered an attempt to invoke blessings and good luck in marriage.</p>2024-06-29T00:00:00+07:00Copyright (c) 2024 Muhammad Juni Beddu, Muhammad Iqbal Azhari, Fithri Mehdini Addieningrum, Andi Amma Ruhmah, Muhammad Zakir Husain, Normadiah Daudhttps://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1427Implementation of Uqubat: An Effort to Minimize Khalwat Crimes in Aceh2024-06-29T16:48:09+07:00Karimuddin Abdullah Lawangkarimuddin@iaialaziziyah.ac.idNur Kholisabutomy13@gmail.comTri Tarwiyanitritarwiyani@gmail.comMustafa Kamalmustafakamal@iaialaziziyah.ac.idMuhammad Yasirhmyasir646@gmail.comAsnawi Abdullahasnawi@stisummulayman.ac.id<p>Aceh is the only province in Indonesia that has officially implemented Islamic Sharia law. As A Region With Special Privileges To Enforce Sharia Law, Aceh Has Enacted Uqubat Punishments As An Effort To Reduce Criminal Acts, Including Khalwat (Intimate Proximity Between A Man And A Woman Who Are Not Mahram). This Study Aims To Explore The Implementation Of Uqubat Punishment For Khalwat Behavior In The Context Of Crime Prevention In Aceh. This Research Uses A Qualitative Method With Data Collection Techniques Through Interviews, Observations, And Documentation. Once All The Data Is Collected, It Will Be Analyzed Using Content Analysis Techniques. The Results Of The Study Indicate That The Enforcement Of Uqubat Punishment Has Had A Significant Impact On Reducing Criminal Acts, Including Khalwat Behavior. However, There Are Also Several Challenges In Its Implementation, Such As Issues Of Justice In The Application Of Uqubat, Its Effectiveness, And Others. Therefore, This Study Recommends The Need For A Comprehensive Evaluation Of The Implementation Of Uqubat Punishment As Well As Continuous Improvements In The Judicial System In Aceh To Ensure Its Effectiveness In Reducing Crime Without Violating Principles Of Justice.</p> <p> </p>2024-06-29T00:00:00+07:00Copyright (c) 2024 Karimuddin Abdullah Lawang, Nur Kholis, Tri Tarwiyani, Mustafa Kamal, Muhammad Yasir, Asnawi Abdullahhttps://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1539Resolving Human Rights Violation Cases in Aceh, Indonesia: Position and Role of Ulama2024-06-30T05:37:37+07:00Ikhwan Matondangikhwan@uinib.ac.idAfrinal Afrinalafrinalnal67@uinib.ac.idAzhariah Khalidaazhariahkhalida@uinib.ac.idAzhariah Fatiaazhariahfatia@uinib.ac.idSaifuddin Aminsaifuddin@muhammadiyah.org.sg<p>This study aimed to examine the position and role of Ulama in resolving human <br />rights violation cases by the Aceh Truth and Reconciliation Commission (TRC). It analyzed <br />the ulama representations within the Aceh TRC commissioners, their role in reconciliation, <br />and factors that influence the role of the ulama. Data were obtained through interviews and <br />documentation and analyzed using the Miles and Huberman model. The results showed that <br />the ulama’s role was dismissed in cases of human rights violations. TRC's commissioners <br />did not represent Ulama or play a significant role in the reconciliation process. Their <br />diminished role in conflict resolution relates to delegitimization in Aceh. It occurred due to <br />the scarcity of qualified ulama to solve the conflict and friction or polarization among them. <br />Other causes were the ulama’s lack of attention to human rights issues and the emergence of <br />new actors that took over their conflict resolution roles. Ulama in Aceh could reaffirm its <br />role in conflict resolution by restoring its legitimacy. They must improve their quality and <br />formation based on day ah, strengthen their unity, avoid friction and polarization, and <br />maintain neutrality. Ulama should also increase their involvement in conflict resolution and <br />human rights issues.</p>2024-06-30T00:00:00+07:00Copyright (c) 2024 Ikhwan, Afrinal, Azhariah Khalida, Saifuddin Amin, Azhariah Fatia, https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1531Application of Artificial Intelligence in Motivating Court Decisions: Legal Basis and Foreign Experience2024-06-29T16:07:08+07:00Yevhen Lehezayevhenleheza@gmail.comMykola Yankovyi m-802@ukr.netNadiia Medvedenko7431367@ukr.netTaras Vaidavajda2015@ukr.netMarat Kovalrezident.yug@gmail.com<p>The article is devoted to the study of opportunities and challenges of using artificial intelligence in motivating court decisions. An important aspect of this process consists of the application of special knowledge by judges in the context of analyzing evidence and legal evaluation of this evidence. The use of artificial intelligence in this area can become a significant innovation that can improve the quality of court decisions and ensure objectivity in the sphere of justice. Artificial intelligence technologies are rapidly developing, and their potential application in the sphere of judiciary has become a subject of deep interest both among the scientific community and among representatives of legal professions. According to the research results, it has been established that the application of artificial intelligence during the motivation of court decisions is possible provided the development and implementation of effective legal mechanisms that will allow coordination and regulation of the specified process. Also, the procedure of implementing relevant changes in the justice system of Ukraine should take place with the use of a balanced and scientifically based approach, which allows for weighing potential risks and benefits and developing recommendations for the proper practical and ethical use of artificial intelligence technologies.</p>2024-06-29T00:00:00+07:00Copyright (c) 2024 Yevhen Leheza, Mykola Yankovyi, Nadiia Medvedenko, Taras Vaida, Marat Kovalhttps://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1509Disobedience of Constitutional Court Decision as a Reason for Impeachment of President and Vice President2024-06-30T06:00:27+07:00H. Muhamad Rezky Pahlawan MPdosen02082@unpam.ac.idMohamad Fandrian Adhistiantomfandrianhadistianto@gmail.comBhanu Prakash Nunnabhanuprakashn@rvu.edu.in<p>This article discusses disobedience of the Constitutional Court Decision Number 91/PUU-XVIII/2020 which was carried out by the Government by issuing Minister of Home Affairs Instruction Number 68 of 2021 Concerning Follow-Up of the Constitutional Court Decision Number 91/PUU-XVIII/2020 Regarding the Formal Review of Law Number 11 of 2020 concerning Job Creation which in essence states that it remains guided and implement Law Number 11 of 2020 concerning Job Creation and its Implementing Regulations. This instruction from the Minister of Home Affairs has violated one of the rulings stating that the legally binding force of Law Number 11 of 2020 concerning Job Creation must be temporarily suspended for 2 (two) years or until the process of its formation has been repaired. This study uses a statutory approach and a conceptual approach and is also evaluated descriptively and qualitatively. The conclusion of this paper is that disobedience to the constitution by the Government will have a juridical impact on not realizing legal certainty, impacting people's distrust of the Constitutional Court, as well as a bad example given by the President in terms of constitutional awareness, so that it is appropriate for the DPR RI to file an impeachment process against the president</p>2024-06-30T00:00:00+07:00Copyright (c) 2024 H.Muhamad Rezky Pahlawan MP, Mohamad Fandrian Adhistianto,Bhanu Prakash Nunnahttps://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1488 Unlocking The Potential of "Kalosara": An Extensive Analysis of Adultery Instances Dispute Resolution in the Tolaki Tribe through the Lens of al-Ishlah Concept2024-06-30T06:18:40+07:00Islamul Haqislamulhaq@iainpare.ac.idHannani Hannanihannani@iainpare.ac.idAbdul Syatarabdul.syatar@uin-alauddin.ac.idMuhammad Majdy Amiruddinmuhammadmajdyamiruddin@iainpare.ac.idMusmulyadi Musmulyadimusmulyadi@iainpare.ac.id<p>This article delves into the comprehensive examination of the dispute resolution in adultery cases within the Tolaki Tribe, specifically through the traditional practice of "<em>Kalosara."</em> The research also explores the relevance of <em>Kalosara</em> to the al-Ishlah concept in Islamic criminal law. This research uses the literature review method to establish a robust theoretical foundation. This research indicates a significant relevance between the<em> Kalosara</em> custom and the concept of Ishlah in the context of Islamic criminal law. The practice of <em>Kalosara</em> in resolving cases of adultery within the Tolaki Tribe reflects the principles of Ishlah, emphasizing reconciliation, restoration, and conflict resolution. The stages of the resolution process, from the acknowledgment of the perpetrator to the purification ceremony, mirror a holistic approach to achieving restorative justice. The research results show that the integration of <em>Kalosara</em> customary law in the Ishlah process reflects the aspirations of the Tolaki community for a comprehensive resolution and effective recovery at various levels, including individual, social, and broader community contexts. In the settlement through<em> Kalosara</em>, adulterers are expected to admit their actions, express regret, and carry out a purification process with a holistic approach to resolving conflicts and restoring social relations.</p>2024-06-30T00:00:00+07:00Copyright (c) 2024 Islamul Haq, Hannani, Abdul Syatar, Muhammad Majdy Amiruddin, Musmulyadihttps://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1467Transformation of Shariah Economic Justice: Ethical and Utility Perspectives in the framework of Maqashid Shariah2024-06-30T06:35:52+07:00Ending Solehudinendingsolehudin@uinsgd.ac.idMiftakhul Hudaokemiftakhul@gmail.comHisam Ahyanihisamahyani@gmail.comMd Yazid Ahmadyazid@ukm.edu.myHasanah Abd Khafidzhasanah@ukm.edu.myEncep Taufik Rahmanencep.taufik@uinsgd.ac.idMoh. Syarif Hidayatmohsyarifhidayatstaima@gmail.com<p>In Indonesia, sharia economic law is implemented through Religious Courts which have an important role in resolving disputes involving sharia financial entities such as banks, microfinance institutions, and insurance. Law Number 3 of 2006 replaces Law Number 7 of 1989 which significantly expands the authority of the Religious Courts in supervising and enforcing sharia economic principles. Sharia economics, which is based on Islamic values such as justice, honesty, and legal certainty, forms an economic and financial system that is different from conventional systems. Religious Court Judges strive to balance ethical and practical considerations in carrying out their judicial duties. This research examines how ethical perspectives and practical considerations contribute to achieving legal certainty and justice in resolving sharia economic disputes, especially in the Surabaya Religious Court. This research uses a normative juridical approach using legal utility theory to analyze the challenges faced and propose strategies to increase the effectiveness of implementing simple, efficient, and cost-effective principles in Sharia economic protection at the Surabaya High Religious Court. The research results consider the principles of maqasid al-syariah to simplify the process, lighten the burden on the parties involved, and uphold justice in every decision-making. This study emphasizes the need for better integration between Islamic Sharia principles and Sharia banking practices in Indonesia, as well as encouraging reforms to ensure that legal outcomes provide fair justice and maximum social benefits, in line with the ethical and utilitarian aims of the law.</p>2024-06-30T00:00:00+07:00Copyright (c) 2024 Ending Solehudin, Miftakhul Huda, Hisam Ahyani, Md Yazid Ahmad, Hasanah Abd Khafidz, Encep Taufik Rahman, Moh. Syarif Hidayat https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1523Inconsistency of Salafi’s Bid’ah Concept: Shifting The Quran-Hadis Law Consideration During Covid-19 Pandemic in Indonesia2024-06-30T21:40:48+07:00D.I. Ansusa Putraputradiansusa@gmail.comSayuti Sayutisayuti@uinjambi.ac.idRahimin Affandi Abdul Rahim faqir_ila_rabbih@um.edu.my.id<p>For the past century, <em>bid’ah</em> (in English know as religious innovation) has been a fundamental sociological problem in modern Muslim life. Regarding this aspect, during the COVID-19 pandemic, Salafi group in Indonesia used a different method to evaluate <em>bid’ah</em> in the rules of Islamic practices. Therefore, this research aimed to illustrate the dynamics of Salafi understanding of <em>bid’ah</em> in Indonesia during the COVID-19 pandemic. The data collected were acquired digitally from the YouTube platforms of the following Salafi figures Syafiq Riza Basalamah, and Firanda Andirja as well as written documents, uploaded websites, such as rumaysho.com by Muhammad Abduh Tuasikal, almanhaj.or.id by Yazid bin 'Abdul Qadir Jawas, and others. The result showed that Salafi provided new innovations in religious practices during the COVID-19 pandemic. This showed the inconsistency associated with Salafi teachings in <em>bid’ah</em> because it shifted from the Qur’an and Hadith. The inconsistency was carried out by quoting the Qur’an and Hadith from the <em>Ashalah</em> (puritanism) and the <em>maslahah</em> (public interest). This was aimed at selecting legal propositions to the conditions of the <em>thaun</em> (plague). In conclusion, the inconsistency of Salafi by accepting <em>bid’ah</em> (new innovations) to gain Covid-19 survival is proof of the acceptability of Salafi <em>fiqh</em> to social change.</p>2024-06-30T00:00:00+07:00Copyright (c) 2024 D.I. Ansusa Putra, Sayuti, Rahimin Affandi Abdul Rahim https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1543The Power of Gono-Gini in The Formation of Political Dynasty: Family Party Power in 2020 Simultaneous Regional Elections2024-06-20T06:42:06+07:00Amalia Syauketamalia.syauket@dsn.ubharajaya.ac.idTri Endah Karya Lestiyanitriendahkaryalestiyani@uinjambi.ac.id<p>There are 29 of the 57 women running for the 2020 simultaneous regional elections who are the wives of previous regional heads. Thus, in the fourth episode of the simultaneous regional elections, the same problems as the previous simultaneous regional elections, namely the pragmatism of political parties in recruitment, ultimately fostered political dynasties at the local level. The political dynasty model which makes the wife the regional head has developed in several regions with the same pattern, namely that all of them are wives where the husband is the regional head who has served for two consecutive terms. The practice of administering government is likened to the joint power of husband and wife, passed down from generation to generation as if it were a family institution or private institution. This phenomenological type qualitative research aims to find out what is the main purpose of nominating his wife in the regional head election after her husband's period of service is over? and in what route does the wife become a candidate for regional head so that a political dynasty is formed? The results of this academic research show that in the process of forming a political dynasty by design, in the third stage, the wife is promoted to the regional head candidacy, with the main aim of maintaining power and wealth. Novelty: the strength of masculinity in government means that wives are exploited to maintain power and wealth in the formation of political dynasties.</p>2024-06-30T00:00:00+07:00Copyright (c) 2024 Amalia Syauket, Tri Endah Karya Lestiyanihttps://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1349The Contestation of Islamic Boarding School Womens's View of Wifes' Rights in Poligamy2024-01-17T08:53:40+07:00Nurnazli Nurnazlinurnazli@radenintan.ac.idHashm Omer Ahmadhashm.ahmad@uoh.edu.iqLinda Firdawatylinda.firda@radenintan.ac.idM. Yasin al Arifmyasinalarif@radenintan.ac.idMuhammad Akmansyahakmansyah@radenintan.ac.id<p>This study examines the contention around Islamic boarding school women's view of wives' rights in polygamous marriages. It aims to answer academic questions, specifically how and why there is contention among Islamic boarding school women over the rights of wives in polygamy. Furthermore, it also aims to answer what consequences this contestation has for the practice of polygamy, which is common in Islamic boarding schools. This paper is an empirical research that takes a sociological perspective. The analysis is based on Pierre Bourdieu's Cultural Sociology theory. Data were gathered through an interview study with research subjects from five traditional Islamic boarding schools in Lampung Province. The findings of this study show that the contestation of wives' rights in polygamy is influenced by the level of understanding of religious texts and norms, social and economic realities, and the strength of the patriarchal traditions and systems that surround it. Most women are denied the opportunity to fight for their bodily and spiritual rights, both before and after polygamous marriage occurs. Women in Islamic boarding schools recognize that men's supremacy influences the neglect of women's rights in polygamy because their understanding of religious texts is conservative. Women have no bargaining power when their husbands seek to practice polygamy. Conservatives believe that polygamy is a fate and consequence that women who want to marry a caregiver or an Islamic boarding school leader (Kyai) must accept. A moderate perspective necessitates that polygamy be practiced with proportional rights between husband and wife. The repercussions of this contestation have resulted in a better appreciation of the importance of men's and women's rights being proportionate, as well as mutual protection.</p>2024-06-22T00:00:00+07:00Copyright (c) 2024 Nurnazli Nurnazli, Hashm Omer Ahmad, Linda Firdawaty, M. Yasin al Arif, Muhammad Akmansyah