https://shariajournals-uinjambi.ac.id/index.php/al-risalah/issue/feed Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 2025-02-06T06:43:28+07:00 Dr. Sayuti Una, S. Ag., MH alrisalah@uinjambi.ac.id Open 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 25, number 1, 2025. 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/1544 Customary and Islamic Practices in Inheritance Distribution: Insights from The Gampong Customary Court in Pidie 2024-12-16T15:59:50+07:00 Faisal Husen Ismail faisalhu@uthm.edu.my Zaitun Muzana muzana191@gmail.com Zahri Hamat zahri@ucbestari.edu.my Jasni Sulong jasni@usm.edu.my <p>This study explores the methods of inheritance distribution employed by the Gampong Customary Court (Peradilan Adat Gampong) in Pidie. The research aims to shed light on the foundations and decision-making processes behind resolving inheritance disputes in the court. Using a descriptive qualitative approach, the study incorporates both secondary and primary data. Secondary data were gathered through literature reviews of dissertations, books, journals, and newspaper articles, while primary data were collected through interviews. A purposive sampling method was employed, selecting eight informants, including community leaders, religious figures, customary leaders, and intellectuals. A pilot study was conducted to ensure the relevance and accuracy of interview questions. Content analysis was used to examine both primary and secondary data. The study found that the Gampong Customary Court primarily relies on Islamic law and local customs when handling inheritance disputes. This study highlights several practical implications for inheritance management in Pidie, Aceh. The application of ijbari principles ensures compliance with Islamic teachings while respecting local customs. Practitioners must be proficient in both legal frameworks. Additionally, the <em>suloh</em>/syura model, which prioritizes consensus and dialogue, can be employed to resolve inheritance disputes and foster family harmony. Therefore, this study recommends strengthening the role of local leaders in resolving inheritance conflicts to build community trust and reduce the caseload in Sharia courts.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Faisal bin Husen Ismail, Zaitun Muzana; Zahri Hamat, Jasni Sulong https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1597 The The Crisis in Red Sea Region: Legal and Socio-Economic Impact on International Commerce 2025-01-07T16:23:59+07:00 Antai Godswill Owoche godswill.antai@kiu.ac.ug Paul Atagamen Aidonojie paul.aidonojie@kiu.ac.ug Muhammad Mutawalli Mukhlis mutawallimuhammad22@gmail.com Maskun Maskun maskunmaskun31@gmail.com Muhammad Saleh Tajuddin saleh.tajuddin@uin-alauddin.ac.id Andi Tentri Yeyeng yeyengatenri@gmail.com <p>The continued hijack of shipping vessels on the Red Sea by extremists <br />who claim to have declared war against Israel is one of those blowouts that have <br />been caused by the Israel - Hamas conflict. The journey to unencumbered waters <br />and unfettered shipping access itself has led to several agreements between <br />sovereign states towards the maintenance of seamless high-seas traffic. <br />Unfortunately, non-state actors occasionally come on the scene to wreak havoc <br />and destabilize the fragile peace on international waterways. It is in this regard, <br />that this study tends to examine the Red Sea crisis as it affects global shipping <br />maritime transit and economic growth, especially of African countries vis-a-vis the <br />UN Security Council's role of maintaining world peace and security. The study <br />adopts a doctrinal method of study, the data obtained from primary and <br />secondary sources such as laws and academic literature were analyzed using a <br />descriptive and analytical method. The study therefore found that Rebels are using <br />the pretext of Israel's attacks on Gaza to perpetrate piracy. The Israel - Hamas <br />deadlock has created a deadlocked lose-lose situation for the international <br />community and resulted in new incidents of insecurity within the Red Sea. The <br />study therefore concludes and recommends that the United Nations as the global <br />police especially through the UN Security Council examine all options for securing peace and stability in the Red Sea region as attacks on shipping vessels have global <br />ramifications affecting multiple nationalities and invariably affecting world peace. <br />Keywords: Crisis, Red Sea, Legal, Socio-Economic, International, Commerce.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Antai Godswill Owoche, Paul Atagamen Aidonojie, Muhammad Mutawalli Mukhlis, Maskun Maskun, Muhammad Saleh Tajuddin, Andi Tentri Yeyeng https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1610 A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa 2025-01-07T16:14:43+07:00 Dwanda Julisa Sistyawan dwanda.js@gmail.com Retno Saraswati saraswatiretno@yahoo.co.id Lita Tyesta ALW litatystalita@gmail.com Novian Uticha Sally 2621350@dundee.ac.uk Marcellus Jayawibawa 3hakeng@gmail.com <p>This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Dwanda Julisa Sistyawan, Retno Saraswati, Lita Tyesta ALW, Novian Uticha Sally, Marcellus Jayawibawa https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1500 The Expansion of Investor Access to Cultivation Rights: A Socio-Legal Analysis on Agrarian Injustice in Indonesia 2024-06-23T12:40:46+07:00 Muh.Afif Mahfud afifmahfud4@gmail.com Naufal Hasanuddin Djohan muhammadnaufalhasanuddin@gmail.com <p>Granting cultivation rights for investment interests and ignoring equitable distribution of land ownership can create injustice and agrarian conflict. This is socio-legal research to analyze agrarian conflict through an interdisciplinary lens. All the data obtained is analyzed qualitatively. Based on the study, disharmony is found between the Basic Agrarian Law, which regulates that cultivation rights can only be granted on state land, and the Job Creation Law, which stipulates that cultivation rights can be given over management rights. This overlapping regulation marks a difference in legal policy between the Job Creation Law, which wants to provide convenience to entrepreneurs, and the Basic Agrarian Law, which considers the strategic position of cultivation right so that it is merely granted on state land. This overlapping of legal policy creates legal uncertainty and brings economic implications, creating a higher land ownership inequality between entrepreneurs and the community. Higher landownership inequality brings social implications, namely, higher conflicts in the agrarian sector. This is not according to the principle of protection for weak parties in Indonesian Agrarian Law.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Muh. Afif Mahfud, Naufal Hasanuddin Djohan https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1563 Digital Transformation of Cooperative Legal Entities in Indonesia 2025-01-14T15:55:10+07:00 Didi Sukardi didisukardimubarrak@syekhnurjati.ac.id Jefik Zulfikar Hafizd jefikzulfikarhafizd@syekhnurjati.ac.id Afif Muamar afif_muamar@syekhnurjati.ac.id Fatin Hamamah fatinhamamah@untagcirebon.ac.id Esti Royani esti.untagsmd.hukum@gmail.com Babur Sobirov mrbobursobirov@gmail.com <p><strong>Abstract: </strong>This article captures the implementation of cooperative legal entities that are still conventional toward digital transformation, considering significant changes in the world. This study aims to describe how to strengthen the role of cooperatives as a pillar of the Indonesian economy, the legal basis for digital transformation, and the digital transformation of legal entity cooperatives in Indonesia. The findings show that transforming the cooperative business model into a digital basis is necessary. Cooperatives can obtain a vast market share by using tools such as website companies, social media, marketplace, and paid online advertising. The legal basis for business transformation from conventional to electronic-based models already exists. Cooperative legal entities can conduct business activities by utilizing digital technology for various activities such as administration, marketing via internet media, advertising using third parties such as Facebook Ads or Google Ads, selling products through online stores, analyzing business trends in the community, building relationships with more parties through social media, member meetings using video call applications, and many more that can be utilized. With the G20 forum, opportunities to expand business to various countries need to be used optimally by cooperatives in Indonesia.</p> <p><strong>&nbsp;</strong></p> <p><strong>Keywords:</strong> Digital, Legal Entities, and Cooperatives.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Didi Sukardi, Jefik Zulfikar Hafizd, Afif Muamar, Fatin Hamamah, Esti Royani; Babur Sobirov https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1642 Finding The Maqashid Al-Syariah Performance Model on Syariah Management Accounting Information System Values 2024-11-13T14:50:06+07:00 Mellya Embun Baining mellyaembunbaining@uinjambi.ac.id Amri Amir amir@gmail.com Achmad Hizazi Ahmadhizazi@gmail.com Enggar Diah Puspa Arum Enggar@gmail.com <p>In Indonesia’s Zakat Management Organisation (OPZ) context, managing zakat funds effectively and in line with maqasid al-syariah principles is crucial to maintaining public trust. This study investigates the impact of environmental uncertainty, human resource (HR) competence, internal control, and Islamic organizational culture on the values of the Sharia Management Accounting Information System (SIAMSy) and the performance of zakat management organizations (KOPZ), as well as examining the role of information technology as a moderating factor. Primary data were collected through questionnaires and interviews with zakat management organizations (OPZ) in Jambi Province and analyzed quantitatively. The data analysis technique used is Structural Equation Modeling (SEM) with a Partial Least Squares approach. (PLS). The direct testing results show that HR competency and Islamic organizational culture significantly influence SIAMSy values. On the contrary, environmental uncertainty and internal control do not substantially impact enhancing SIAMSy values. Meanwhile, KOPZ is directly influenced by ecological uncertainty and internal control, while human resource competence and Islamic organizational culture do not significantly affect KOPZ. The indirect testing results explain that human resource competence and Islamic organizational culture have a positive and significant impact on KOPZ through SIAMSy with complete mediation, indicating that the role of SIAMSy values is found in KOPZ from the maqashid al-syariah perspective. Meanwhile, environmental uncertainty and internal control do not positively and significantly impact KOPZ through SIAMSy values in OPZ in Jambi Province. Lastly, information technology cannot provide a moderating effect between variables.</p> <p><strong> </strong></p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Mellya Embun Baining, Amir Amir, Achmad Hizazi, Enggar Diah Puspa Arum https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1537 Collective Ijtihad Practice in Indonesia: The Role of Isbat Sessions in Addressing Legal Paradigm Differences Between Hisab-Rukyat 2025-01-17T07:56:25+07:00 Suhar AM suhar@uinjambi.ac.id Tasnim Rahman Fitra tasnim.rf@uinjambi.ac.id Abdurrohman Kasdi abdurrohmankasdi@iainkudus.ac.id Khusnul Istiqomah khusnulrahman@uinjambi.ac.id Abdurrahman Abdurrahman rahman@inisma.ac.id Humaira Ahmad humaira.ahmad@umt.edu.pk <p>This article aims to promote the Isbat session as a collective ijtihad practice that can overcome the differences in the legal paradigms of Hisab and Rukyat in determining the beginning of Ramadan in Indonesia. This study uses qualitative-descriptive analysis by observing the practice of the Isbat session in dealing with differences in the legal paradigms of Hisab-Rukyat in Indonesia. Primary data uses official documents from the Ministry of Religious Affairs regarding the Isbat Session from time to time. Then the data is elaborated with secondary data, especially the opinions of scholars regarding the role of collective ijtihad in dealing with differences in the paradigms of Islamic law. The article finds that the Isbat Session is a real example of the practice of collective ijtihad in Indonesia, which combines religious values, science, and the principle of deliberation. Its role is very significant in bringing together the diversity of paradigms and legal views of the Islamic community in Indonesia. Furthermore, the practice of the Isbat session also has an impact on the socio-community aspect in strengthening the unity of Muslims amidst the diversity of legal methods and views. This article contributes to the development of Islamic legal science to become a reference for academics on related issues.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Suhar AM, Tasnim Rahman Fitra, Abdurrohman Kasdi, Khusnul Istiqomah, Abdurrahman Abdurrahman, Humaira Ahmad https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1677 Shifting Fiqh Tradition in Zakat Management: Nahdlatul Ulama’s Strategies to Enhance the Social Welfare of Nahdliyin 2025-01-17T07:52:35+07:00 Ali Murtadho Emzaed ali.murtadho@iain-palangkaraya.ac.id Sadiani Syarifuddin ali.murtadho@iain-palangkaraya.ac.id Muhammad Lutfi Hakim muhammadlutfihakim@iainptk.ac.id Bukhari Ibrahim bukhariibrahim@gmail.com <p>This article aims to analyze the shift in the orientation of Nahdlatul Ulama’s (NU) <em>fiqh</em> (Islamic jurisprudence) tradition in managing zakat in Indonesia. The shift occurs in the zakat fund management institution through the Lembaga Amil Zakat Nahdlatul Ulama (LAZISNU) and their <em>fiqh</em> understanding of zakat recipients (<em>musta</em><em>ḥ</em><em>iq</em>). The article also explores the forms of involvement of the NU’s structural and cultural members, known as <em>Nahdliyin</em>, in their efforts to improve social welfare. As an Islamic philanthropy institution, LAZISNU strategically synergizes with social welfare issues for its community. Despite being the most prominent Islamic community organization in Indonesia and globally, most <em>Nahdliyin</em> fall into the lower to middle-income category. The article employs a qualitative research approach with a descriptive-argumentative methodology, utilizing Harry J. Benda’s theory of change and sustainability as an analytical tool. The findings reveal a shift in the <em>Nahdliyin</em> zakat management <em>fiqh</em> tradition in three aspects: zakat fund collection through LAZISNU, the broadening of the meaning of <em>fi</em><em>̄</em><em> sabi</em><em>̄</em><em>lilla</em><em>̄</em><em>h</em> (on the path of God), and the differentiation between zakat collectors (‘<em>āmil</em>) and zakat committees. This shift is attributed to changes in the method of NU legal opinion (<em>fatwā</em>) determination from the <em>qawlī</em> to the <em>manhaji</em>. To enhance the social welfare of <em>Nahdliyin</em>, NU consistently participates actively through its Islamic philanthropic actions by modernizing zakat management adapted from technological advancements.</p> <p> </p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Ali Murtadho Emzaed, Sadiani Syarifuddin, Muhammad Lutfi Hakim, Bukhari Ibrahim https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1577 Efforts to Combine High-Politics and Low-Politics: How Muhammadiyah Special Region of Yogyakarta Wins Its Cadres as Members of the Regional Representative Council of the Republic of Indonesia 2024-11-11T17:28:55+07:00 Suswanta suswanta@umy.ac.id Arissy Jorgi Sutan arissyjorgisutan7@gmail.com <p>The purpose of this article is to explain Muhammadiyah's personal branding <br />strategy for the Special Region of Yogyakarta in winning its cadre, Ahmad Syauqi <br />Soeratno, to become a member of the Regional Representative Council of the Republic of <br />Indonesia in the 2024 election. Ahmad Syauqi Soeratno won 398,903 votes or 17.32% of the <br />total percentage through this strategy. This political, institutional support is interesting to <br />explain because it shows the practice of low politics, even though Muhammadiyah's <br />political doctrine has been to play a role in high politics or national politics and not low <br />politics, which is power-oriented. This article is the result of qualitative research, which <br />uses interview techniques, observation, documentation, Focus Group Discussion, and <br />Nvivo 12 Plus and Geographic Information System in its analysis. The discussion results <br />show that the personal branding carried out by the Yogyakarta Special Region <br />Muhammadiyah towards Ahmad Syauqi Soeratno can be understood as an effort to <br />combine high politics and low politics in seizing power and policy space. The separation <br />of high and low politics is not rigid in its implementation at the local level. This political <br />flexibility does not mean opportunism because it remains within the framework of <br />preaching reform or tajdid in the political field. To realize the interests of political da'wah, <br />the electoral behavior of Muhammadiyah citizens is more effectively controlled <br />institutionally so that the potential of the Muhammadiyah network can be optimized <br />rather than given the freedom to choose.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Suswanta, Arissy Jorgi Sutan https://shariajournals-uinjambi.ac.id/index.php/al-risalah/article/view/1594 The Controversy of Democracy in Indonesia Presidential Election 2024 2025-02-06T06:43:28+07:00 Henky Fernando fhenky92@gmail.com Yuniar Galuh Larasati yuniargaluhlarasati@gmail.com Irwan Abdullah irwanabdullah6@gmail.com Leanne Morin morile01@upol.cz Leanne Morin morile01@upol.cz <p>The presidential election in Indonesia in 2024 has raised controversy in the process and implementation of democracy. However, this context has not been comprehensively discussed in previous studies. In addition to answering the shortcomings of previous studies, this research also focuses on the question of how the forms, factors, and implications of democratic controversy on the legitimacy of presidential election results in Indonesia 2024. This research reveals three important findings related to democratic controversy in the 2024 presidential election in Indonesia. First, politicians and election organisers feeble commitment to complying with the rules of democratic elections. Second, the massive intervention of politicians and election organisers in the electoral process. Third, the controversy of democracy in the 2024 presidential election in Indonesia has long implications for citizens’ attitudes towards the legitimacy of election results. From these three contexts, it can be reflected that the democratic controversy in the 2024 Presidential Election in Indonesia not only caused democratic controversy in the electoral process and implementation, but also formed negative attitudes and perceptions of citizens towards the legitimacy of election results.</p> 2024-12-30T00:00:00+07:00 Copyright (c) 2024 Henky Fernando, Yuniar Galuh Larasati, Irwan Abdullah, Leanne Morin, Leanne Morin