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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam LamLaj
Abd. Mukhsin
Universitas Islam Negeri Sumatera Utara, Medan
Law, Crime, Criminology & Criminal Justice

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Analysis of Islamic Criminal Law on the Acquittal of Khalwat Perpetrators : (Study Of Verdict Number 21/JN/2023/MS. Bna and Number 22/JN/2023/MS. Bna) Ibnu Zarir; Abd. Mukhsin
Lambung Mangkurat Law Journal Vol. 10 No. 1 (2025): March
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i1.233

Abstract

This study aims to evaluate the mindset of the Banda Aceh MS Panel of Judges in deciding the case of acquittal against the defendant in the khalwat case, as stipulated in Qanun Aceh Number 6 of 2014. The method used is a normative juridical approach with case studies on two decisions, namely Decision Number 21/JN/2023/MS. Bna and Number 22/JN/2023/MS. Bna. The findings in this study show that the Panel of Judges adheres to the principle of In Dubio Pro Reo, the principle of Unus Testis Nullus Testis, as well as the principles of Tabayyun and Tasabbut. However, the application of the principle of Unus Testis Nullus Testis is considered inappropriate, because although the Assembly stated that there was only one witness, in fact the Public Prosecutor presented three witnesses. In addition, the application of the principle of In Dubio Pro Reo gives the impression that there are doubts from the Panel of Judges in assessing the case, even though based on the facts of the trial, the element of intentionality is not clearly and decisively proven. Thus, the use of such principles is considered irrelevant. The element of intentionality and the existence of two valid pieces of evidence cannot be proven, so the indictment is declared not to meet the requirements of proof according to the law..
Marriage Postponement in the Mandailing Community: A Maqasid al-Shari'ah-Based Socio-Legal Analysis of Bujing-Bujing Tobang and Poso-Poso Tobang in Sibual-Buali Village Sunnah warisah Hasibuan; Abd. Mukhsin
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.10 No.2 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.10259

Abstract

This study examines the phenomenon of marriage postponement among bujing-bujing tobang (unmarried adult women) and poso-poso tobang (unmarried adult men) in Sibual-Buali Village, Padang Lawas, through the lens of maq??id al-shar??ah. Employing a qualitative design with an empirical-juridical approach, data were collected through semi-structured interviews with 12 informants across three age groups (25–27, 27–30, and 30+), alongside local customary leaders and religious scholars, complemented by library research on the Qur’an, Hadith, the Compilation of Islamic Law, and classical fiqh literature. Findings indicate that the dominant factors contributing to delayed marriage include economic instability, caregiving responsibilities, prior emotional experiences, and aspirations for education and career development. Analysis through the maq??id al-shar??ah framework reveals that these reasons align with the preservation of religion (?if? al-d?n), life (?if? al-nafs), intellect (?if? al-?aql), lineage (?if? al-nasl), and wealth (?if? al-m?l). Thus, marriage postponement is understood not merely as an individual preference but as a strategy to balance personal, familial, and spiritual obligations. The study recommends strengthening premarital education grounded in maq??id, refining marriage dispensation mechanisms, and applying the maq??id cum-mub?dalah approach. These findings provide actionable insights for policymakers, religious leaders, and scholars to integrate Islamic legal principles with contemporary social realities.
Co-Authors Ibnu Zarir Sunnah warisah Hasibuan