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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Islamic Studies and Law
Ihsan Helmi Lubis
Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Development of Zakat Distribution in the Disturbance Era Mu’adil Faizin; Suud Sarim Karimullah; Bhismoadi Tri Wahyu Faizal; Ihsan Helmi Lubis
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 10, No 2 (2023): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v10i2.2997

Abstract

With the growing number of publications on digital zakat, there is a pressing need for research on zakat management to develop general concepts that can serve as policy standards for zakat management practitioners and national zakat regulators. This research aims to provide insights into managing zakat in an easy, flexible, transparent, and targeted manner. The study employs field research methods, observing real events in society, and uses empirical legal research techniques with an interdisciplinary approach, incorporating sociological and ethnographic studies. The findings indicate that proper zakat distribution requires a deep understanding of its fiqh, grounded in shari'a texts and explored through both a linguistic approach (al-qowâid al-lughawiyyah) and an objective shari'a approach (maqâshid asy-syarî'ah). Furthermore, collecting zakat funds by national amil zakat agencies and institutions in Indonesia must adapt to contemporary times and technology, providing an alternative that facilitates muzakkī's in fulfilling their obligations
E-Courts in Indonesia: The Effectiveness of Supreme Court Regulation No. 3 of 2022 on Electronic Mediation in the Religious Courts of Medan and Riau Putra Halomoan Hsb; Ihsan Helmi Lubis
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v13i1.13518

Abstract

This study examines the effectiveness of Supreme Court Regulation No. 3 of 2022 on electronic mediation in the Religious Courts of Medan and Riau, drawing on legal effectiveness and mediation theory. It responds to the limited comparative research on the implementation of electronic mediation across Indonesian regions, particularly in light of disparities in technological infrastructure, judicial capacity, and legal culture. The study adopts an empirical juridical approach with a qualitative design. Data were collected through interviews with mediator judges, observations of online mediation practices, and analysis of judicial documents and relevant regulations. The findings indicate that electronic mediation is a significant innovation in dispute resolution within religious courts; however, its effectiveness varies across regions. In Medan, implementation is relatively effective, supported by a more developed technological infrastructure and a stronger judicial capacity. In Riau, implementation continues to face challenges, particularly low digital literacy among disputing parties and limited access to technology. In addition, local legal culture plays a crucial role in shaping the success of mediation, especially with regard to trust in virtual communication. This study concludes that the implementation of Supreme Court Regulation No. 3 of 2022 has not yet reached full effectiveness, as alignment among legal substance, institutional structure, and legal culture remains incomplete. These findings contribute to the literature on legal effectiveness in the context of judicial digitalization and offer practical implications for strengthening judicial capacity, enhancing public digital literacy, and advancing technology-driven judicial policies.
Restorative Justice in the Termination of Prosecution in Domestic Violence Cases: An Islamic Criminal Law Perspective Efa Merianti Lubis; Habibi; Ihsan Helmi Lubis
Islamic Studies and Law Vol. 1 No. 3 (2026)
Publisher : PT. Riset Anak Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66618/isl.v1i3.1553

Abstract

Domestic violence remains a serious legal and social problem in Indonesia, requiring case-resolution mechanisms that protect victims while accommodating restorative objectives. This study examines the termination of prosecution in the Miswaruddin domestic violence case through Prosecution Termination Decree No. PRINT-901/L.2.28.3/Eku.2/09/2025 and assesses its conformity with Regulation of the Prosecutor’s Office of the Republic of Indonesia No. 15 of 2020 and principles of Islamic criminal law. The study employed normative legal research using statutory and case approaches, supported by document and literature review. The analysis found that the case materials recorded reconciliation between the parties, the suspect’s first-offender status, support from community and religious leaders, and considerations concerning the children and family continuity. However, the available manuscript did not contain sufficient documentary detail to determine conclusively whether Article 44 paragraph (1) or paragraph (4) of the Domestic Violence Law applied or to independently verify every procedural approval stage. From an Islamic criminal law perspective, the restorative mechanism is relevant to ṣulḥ, taʿzīr, maṣlaḥah, and maqāṣid al-sharīʿah insofar as voluntariness, victim safety, accountability, and the prevention of repeated violence remain primary considerations.
Public Prosecutor's Sentencing Demand in a Father-Daughter Sexual Violence Case: A Juridical and Maqashid Al-Sharia Analysis Fitri Yani; Fatahuddin Aziz Siregar; Ihsan Helmi Lubis
Islamic Studies and Law Vol. 1 No. 3 (2026)
Publisher : PT. Riset Anak Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66618/isl.v1i3.1556

Abstract

Sexual violence committed by a father against his adult daughter raises a difficult question of statutory choice when the parties remain biologically related but no longer share an active household. This study examines Case Reg. No. PDM-28/SIPIROK/Eku.2/11/2024 and the Public Prosecutor's decision to rely on Article 6(c) in conjunction with Article 15(1)(a) of Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), rather than Law No. 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT). Using a qualitative single-case design, the study draws on a semi-structured interview with the handling prosecutor, the indictment as a supporting case document, and relevant legal literature. The statutory comparison indicates that, within the prosecutor's legal construction, UU TPKS more directly addresses abuse of position, trust, and influence without requiring proof of direct physical force. Through Imam Asy-Syathibi's maqashid al-sharia framework, the sentencing demand is assessed against hifz al-din, hifz al-nafs, hifz al-'aql, hifz al-nasl, and hifz al-mal. The analysis further shows that the absence of physical violence cannot be equated with consent because non-physical coercion may arise from psychological domination, economic dependency, and unequal family power relations.
Co-Authors Bhismoadi Tri Wahyu Faizal Efa Merianti Lubis Faizin, Mu'adil Fitri Yani Habibi Putra Halomoan Hsb Siregar, Fatahuddin Aziz Suud Sarim Karimullah