https://www.ejournal.staialazhar.ac.id/index.php/ailrev/issue/feed 2024-01-31T00:25:37+00:00 Aswar Arifin staialazhargowa@gmail.com Open Journal Systems <p><strong>Al-Azhar Islamic Law Review (AILREV) </strong>is a peer-reviewed journal published by Program Studi Hukum Keluarga Islam (<em>Ahwal Syakhshiyyah)</em>, Sekolah Tinggi Agama Islam (STAI) Al-Azhar Gowa. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. </p> <p>AILREV aims to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Islamic Jurisprudence <em>(fiqh);</em> Private Law (<em>civil law</em>); Criminal Law (<em>fiqh jinaya</em>h); Islamic Philosophy; Islamic Legal Policy; Administrative Law; Constitutional Law.</p> <p>We are published bi-annually (<strong>January</strong> and <strong>July</strong>) in English, Arabic, or Bahasa. The editors, hence, are pleased to announce <strong>Call for Papers</strong> for the next issue to be published.</p> <p><strong>ISSN Online: 2656-6133 | ISSN Print: 2654-7120</strong></p> <p><a href="https://drive.google.com/file/d/19Zfrm4RhTxDLaGJEfMpJ7MNyZbxHTya8/view?usp=sharing" target="_blank" rel="noopener"><img src="https://www.ejournal.staialazhar.ac.id/index.php/index/admin/contexts//public/site/images/ahsanyunus/Icon-JT.png" alt="" /></a></p> https://www.ejournal.staialazhar.ac.id/index.php/ailrev/article/view/313 2024-01-30T14:50:31+00:00 Sri Tantini Sritantini288@gmail.com Adi Wijaya adiwijayas.h16@gmail.com

There is a belief in society that adopting someone else's child can provoke or stimulate pregnancy for wives who have been waiting for a pregnancy for a long time. This is an issue of whether it is in line with Islamic law and positive law which regulates child adoption. This research method is a field study with a type of empirical normative legal research. Based on the research results, it can be concluded that the adoption of children for reasons of stimulation in Kel. Nambo Lempek does not conflict with the rules of Islamic law, however, if we look at it from positive law, in this case the child protection law, which explicitly states that the purpose of adopting a child or the motivation for adopting a child can only be carried out in the best interests of the child.

2024-01-16T00:00:00+00:00 Copyright (c) 2024 Al-Azhar Islamic Law Review https://www.ejournal.staialazhar.ac.id/index.php/ailrev/article/view/314 2024-01-30T14:50:31+00:00 Siti Fatimatuzzahroh ftmzahra29@gmail.com Ramadhan Siddik Pane siddikpane28@gmail.com

The integration of nationalist and religious groups in the context of the presidential election in Indonesia emerged after the 1998 reform. The integration study focused on the interest groups behind the combination. So that studies that examine the implications and images of nationalist and religious integration in this context can be complemented by this research. This study aims to answer the academic question of how the design of the combination of President and Vice President is ideal in post-reform Indonesia. So to answer this question, this research was assembled using qualitative methods with secondary data in the form of analysis of the 2019 Presidential election. The data obtained by the document study method is analyzed by qualitative data analysis methods. This research reveals that the design of nationalist and religious integration within the framework of the presidential election only emerged after the reform in 1998. There have been three times that Indonesia's leadership has been characterized by a combination of nationalist and religious. Presidents Abdurrahaman Wahid and Megawati, Megawati and Hamzah Haz, and Joko Widodo and Ma'ruf Amin. This research shows the ideal design for winning today's Presidential election is the integration of nationalists and religious.

2024-01-16T00:00:00+00:00 Copyright (c) 2024 Al-Azhar Islamic Law Review https://www.ejournal.staialazhar.ac.id/index.php/ailrev/article/view/323 2024-01-30T14:50:31+00:00 Ely Dasnawati wawanajha1996@gmail.com

Law enforcement mechanisms related to violations of human rights have been regulated according to the provisions of Law No. 26 of 2000 concerning Human Rights Courts which specifically regulates serious violations of Human Rights. However, in 2023, there will be Law Number 1 of 2023 concerning the Criminal Code which has reformed the national criminal regulations which still adopt the laws inherited from the colonial Dutch East Indies. This of course raises a question, what is the position of the rules regarding the mechanism for resolving serious human rights violations regulated in the Human Rights Courts Law and the Criminal Code Law regarding the principle of legal certainty.This article aims to see how legal certainty is regarding serious violations of human rights in Law no. 1 of 2023 concerning the Criminal Code. The research method used is a qualitative research method with descriptive analytical research characteristics. This article presents arguments based on literature data to form conclusions. The research results have not achieved the principles of legal certainty in Law no. 1 of 2023 concerning the Criminal Code is due to the fact that there are different regulatory mechanisms for resolving serious violations of human rights with other laws that regulate the same substance.

2024-01-20T00:00:00+00:00 Copyright (c) 2024 Al-Azhar Islamic Law Review https://www.ejournal.staialazhar.ac.id/index.php/ailrev/article/view/328 2024-01-30T14:50:31+00:00 Faturohman Faturohman arturcikaseban@gmail.com Irwanto Irwanto irwanto.ir@untirta.ac.id Rt. Septia Ningsih rt.septianingsih@gmail.com

This research examines the juridical analysis of sexual violence from the legal perspective that applies in Indonesia. The crime of sexual violence in criminal law, in the criminal justice mechanism for dealing with sexual harassment behavior. Sexual harassment is the mildest but most frequent form of sexual violence. Many victims do not receive a sense of justice because so far there has been no strict regulation regarding sexual harassment in Indonesian criminal law. By using normative juridical research methods, and equipped with an in-depth approach to criminal law policy. The results obtained from writing this article are that the regulation of criminal law regarding sexual harassment is included as a crime of decency in general. In enforcing criminal law against sexual harassment in the criminal justice system process in Indonesia, the police, prosecutors and judges are involved, so its implementation still faces technical, juridical problems, especially the problem of evidence, in addition, the underlying thinking of law enforcement officials is still dogmatic normative juridical. Sexual harassment is carried out using Articles 281 to 294 of the Criminal Code, where the definition of acts that violate decency and obscene acts is returned to the feelings of decency of the local community and places the element of the victim's dislike as the most important element for the law to be enforced in Indonesia.

2024-01-24T00:00:00+00:00 Copyright (c) 2024 Al-Azhar Islamic Law Review https://www.ejournal.staialazhar.ac.id/index.php/ailrev/article/view/324 2024-01-31T00:25:37+00:00 Arsul Arsul assalamah67@gmail.com Aswar Aswar aswararifin706@gmail.com Naelah Nur Sofiah assalamah67@gmail.com

The study was conducted to learn; (1) Review of the concept of family planning. (2) Review of Islamic law regarding the concept of family planning. The study is a library research using the qualitative descriptive. method used in this study is the normative based juridical approach with data colletion techniques wetting trough the stages of identification, classification, veryfing, analysis and deduction. The data obtained the are two primary and secondary data. Primary data collected from Quranic verses and hadith. Secondary data is obtained from some decuments, journals, scripts and related articles. The results of the study indicate that: (1) family planning aims to regulate the number or spacing of children born between husband and wife. The implementation of family planning is known in 2 ways, namely planning parenthood or tanzhim al-nasl which regulates birth spacing, the second is birth control or tahdid al-nasl which limits births. The contraceptive method is indistinguisted by 2 types of traditional contraception namely the method without tools. The second is modern contraception which is carried out with special tools. (2) One of the efforts of the Indonesian goverment in dealing with population is to form the BKKBN. (3) The implementation of family planning in Islam is judged based on its objectives namely to manage birth distance (tanzhim al-nasl), not to restrict the number of births (tahdid al-nasl). The method of contraception in Islam is distinguished by the benefits and harms obtained from its use. Islam will prioritize less harmful method such as traditional contraceptive methods. However, seeing its lower effectiveness, with the magnitude of the harm that will occur when the birth arrives, it is permissible to use other methods while maintaining the rules of the sharia. The implication of this study is: (1) for the government to keep trying to mountain and ensure that every citizen is in a better condition in terms of education, health, economy and others. (2) For society it is supposed to be more considerate and considerate of the child she will give birth ti and thus be more beneficial to her, the state and religion

2024-01-30T00:00:00+00:00 Copyright (c) 2024 Al-Azhar Islamic Law Review