Al-Risalah merupakan Jurnal Ilmiah Keagamaan dan Kemasyarakatan terbit dua kali setahun, memuat tulisan hasil telaahan dan kajian analistis-kritis, maupun hasil penelitian sekitar Keislaman dan Kemasyarakatan sesuai ilmu yang dikembangkan
FENOMENA KETERLAMBATAN LEGALISASI PERCERAIAN DI PENGADILAN AGAMA : STUDI TENTANG FAKTOR PENYEBAB PERCERAIAN DI LUAR PENGADILAN DI KECAMATAN AMUNTAI SELATAN
In practice, there are still many divorces in society that are conducted outside of court, often referred to as “informal divorces.” This has led to delays in the legalization of divorces in the Religious Court; therefore, a study is needed on the factors causing divorces outside of court in the Amuntai Selatan subdistrict. The objective of this study is to identify the factors causing divorces outside the Religious Court that result in the phenomenon of delayed legalization of divorces in the Religious Court.The method used in this study is field research. The subjects of this study are residents of Amuntai Selatan Subdistrict, and the object of the study is the community’s perspective on the factors causing couples to delay filing for divorce at the Religious Court. Data processing techniques used include: - Data Reduction, Data Display, and Data Verification, followed by qualitative analysis. The results of the study indicate that the factors causing delays in divorce proceedings at the Religious Court include: the community’s perception that divorce at the Religious Court is considered unimportant; economic factors; lack of knowledge regarding information, procedures, protocols, and requirements for filing for divorce at the Religious Court; travel distance and lack of transportation; and the factor of still hoping for reconciliation.
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TRADISI MA’DUPA DALAM PERKAWINAN MENURUT PANDANGAN ULAMA DI DESA BARUH KEMBANG KECAMATAN DAHA UTARA
This study aims to examine the implementation of the ma’dupa tradition in Banjar traditional marriage ceremonies and the views of Islamic scholars regarding its legal status in Baruh Kembang Village, Daha Utara District, Hulu Sungai Selatan Regency. This research employed an empirical legal research method with a sociological approach and descriptive qualitative analysis. Data were collected through observation, interviews, and documentation involving Islamic scholars registered in the Indonesian Ulema Council (MUI) of Daha Utara District. The results show that the ma’dupa tradition is a cultural heritage of the Banjar community originating from the Hindu-Buddhist era and is performed as a complementary ritual in marriage ceremonies, symbolizing prayers, gratitude, and hopes for a harmonious household. This tradition does not affect the validity of the marriage contract and is regarded as part of cultural preservation. The scholars’ views on the legal status of ma’dupa are divided into three categories: permissible (mubah) when practiced merely as a cultural tradition and ceremonial complement, recommended (sunnah) when intended as gratitude and prayer to Allah SWT, and prohibited (haram) when associated with beliefs in supernatural powers or seeking help from spirits besides Allah SWT. Therefore, the ma’dupa tradition may be accepted in Islam as long as it does not contradict Islamic creed and law and provides social benefit to the community.
PENGEMBANGAN MODEL PEMBELAJARAN FIQIH PADA MATERI IBADAH HAJI DAN UMRAH BERBASIS MULTIMEDIA DI MAN 3 HSU KALIMANTAN SELATAN
Amidst the evolving cultural landscape characterized by significant challenges and technological sophistication education must achieve breakthroughs that foster personal development through learning. This is particularly relevant today, as students at all levels from primary school to higher education increasingly rely on information and communication technologies. Consequently, implementing this multimedia based learning model will help broaden students' horizons regarding the world of information and technology. In the Fiqh learning model covering the topics of Hajj and Umrah at MAN 3 HSU, South Kalimantan, the multimedia used in the instructional process is categorized into two types: computer-based multimedia and direct-experience-based multimedia. This study employs a qualitative research approach, as it seeks to describe and analyze phenomena at both individual and group levels a characteristic feature of qualitative research. Furthermore, the study is conducted within a natural setting. Many education practitioners recognize that the use of multimedia greatly supports the learning process, both inside and outside the classroom. It renders learning more active, creative, effective, and enjoyable, while also helping to improve student academic achievement. Furthermore, multimedia-based instruction on the subject of Hajj and Umrah within the Fiqh curriculum is expected to foster intelligence, skill, and noble character in students.
PEMENUHAN HAK-HAK ANAK DAN PEREMPUAN PASCA PERCERAIAN DI MALAYSIA
Divorce in modern society presents a critical challenge regarding the fulfillment of women's and children's rights, particularly in relation to maintenance (nafkah) and post-divorce economic protection. This study aims to comprehensively analyze the fulfillment of these rights in Malaysia through an integrative approach encompassing normative, institutional, and sociological dimensions. A qualitative descriptive-analytical method was employed, combining normative juridical and sociological juridical approaches, with data collected through library research and legal document analysis. The findings reveal that Malaysia has established a systematic legal framework through the Islamic Family Law Enactment No. 66 of 2008, which regulates maintenance obligations, limitations on former wives' entitlements, and sanctions for violations. This framework is reinforced by the roles of the Syariah Court and the Family Support Division (Bahagian Sokongan Keluarga/BSK) as implementing and supervisory institutions. However, from a sociological perspective, a significant gap remains between legal norms and actual practice, attributed to non-compliance by former husbands, economic constraints, and low public legal awareness. The study concludes that the protection of women's and children's rights is not determined solely by the strength of regulations, but also by the effectiveness of implementation and the supporting social conditions. Synergy between stronger law enforcement, simplified complaint procedures, and public legal education is needed to ensure that rights are fulfilled in a just and sustainable manner.
IMPLEMENTASI NILAI-NILAI KARAKTER RELIGIUS TERHADAP SISWA DI MTSN 8 HULU SUNGAI UTARA
This study is motivated by the importance of instilling religious character in students amidst modern developments that bring various moral and social challenges. Teachers play a crucial role in shaping students' religious character through the educational process, habituation, leading by example, and various religious activities conducted at school. This study aims to examine the implementation of religious character development among students at MTsN 8 Hulu Sungai Utara. It employs a qualitative approach, specifically field research. The research subjects consisted of seven teachers at MTsN 8 Hulu Sungai Utara. Data collection techniques included interviews, observation, and documentation, while data analysis involved data reduction, data presentation, and conclusion drawing. Data validity was verified using source triangulation and technique triangulation. The results indicate the implementation of religious character traits, including: faith (fostered through morning religious routines, Quran recitation, prayer, and congregational prayers); piety (cultivated through the practice of obligatory and voluntary acts of worship and teacher role-modeling); sincerity (nurtured through social activities and care for others); reliance on God/trust (*tawakkal*) (encouraged by motivating students to strive while surrendering the outcome to Allah SWT); patience (instilled through counsel and practice in facing difficulties); gratitude (cultivated by making it a habit to say *Hamdalah* and appreciate Allah SWT’s blessings); honesty (fostered through the habit of truthfulness and completing assignments independently); and tolerance (promoted through group work, mutual cooperation, and the habit of mutual respect among students).
IMPLIKASI HUKUM PENGGUNAAN SAHAM SEBAGAI BENTUK MAHAR PERNIKAHAN DI ERA MODERN
Advancements in technology and modern economic instruments have influenced muamalah (transactional) practices within Islamic family law specifically regarding the use of shares as a marriage dowry (*mahar*). Classical fiqh literature does not specifically address the use of shares as dowry, as shares are modern economic instruments characterized by fluctuating values. This situation creates a need for contemporary Islamic legal analysis, particularly concerning their validity and legal implications. In principle, shares may serve as a dowry (*mahr*) because they are regarded as assets (māl) possessing economic value and utility, and their ownership is transferable. This permissibility is analyzed using the method of qiyas (analogical reasoning) and supported by the jurisprudential maxim: Whatever is valid as a price is valid as a dowry. However, the shares used must originate from a company engaged in halal business activities (sharia compliant shares), be clearly quantified, and be free from elements of uncertainty (gharar). From a legal standpoint, ownership of the shares including the rights to their economic benefits transfers entirely to the wife upon the conclusion of the marriage contract. While fluctuations in share value following the contract do not affect the validity of the marriage, clear administrative documentation remains necessary to ensure legal certainty for the wife.