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All Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora El-Sirry: Jurnal Hukum Islam dan Sosial Al Fuadiy: Jurnal Hukum Keluarga Islam
Hamka Husein Hasibuan
Universitas Islam Negeri Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Rekonstruksi Hak Keperdataan Anak Luar Kawin: dari Perlindungan Nasab ke Perlindungan Hak Anak Hamka Husein Hasibuan; Pagar; Hasan Matsum; Fauziah Lubis
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1859

Abstract

Children born out of wedlock constitute a complex legal and social issue, particularly in relation to the fulfillment of civil rights within plural legal systems. In Indonesia, the regulation of such rights reflects an ongoing tension between positive law, which increasingly emphasizes child protection, and Islamic law, which prioritizes the preservation of lineage (nasab). This article examines the construction of civil rights of children born out of wedlock under Indonesian positive law and Islamic law, with particular attention to lineage, guardianship, inheritance, and maintenance. Using a normative legal method with statutory, conceptual, and comparative approaches, the discussion highlights the impact of Constitutional Court Decision No. 46/PUU-VIII/2010 in reshaping the legal relationship between children born out of wedlock and their biological fathers. The findings indicate that positive law has shifted toward a child-centered paradigm by allowing civil relations based on scientific proof, while Islamic law maintains normative restrictions rooted in the sanctity of lawful marriage. Despite these differences, both legal systems share a common commitment to safeguarding the welfare and dignity of children. The article contributes to legal discourse by mapping points of convergence and divergence between the two systems and offering a balanced understanding of how child protection and moral-legal principles interact within Indonesia’s family law framework.
Menyoal Kedudukan dan Otoritas Sunnah dalam Istinbāṭ Al-Aḥkām Ahmadiyah Hamka Husein Hasibuan; Mhd. Syahnan; Nisful Khoiri; Dhiauddin Tanjung
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: AL-Mikraj Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.9132

Abstract

This article is an attempt to analyze the position and authority of the Sunnah in the Ahmadiyya istinbāṭ al-aḥkām. This departs from the epistemological claim of the Ahmadiyya who explicitly identify themselves as Aḥnāf (followers of the Ḥanafi school), who are essentially ahl ar-ra’y, on the one hand, and at the same time claim to be ahl al-ḥadīs, on the other. This position is methodologically unique and interesting, because it has the potential to create tension between rational reasoning and the authority of hadith texts. This paper is a literature review (library research) by analyzing primary sources of the Ahmadiyya. The results of the study indicate that the sunnah/hadith for the Ahmadiyya is a secondary source of law, by distinguishing between binding sunnah (mulzim li al-hukmi) and non-binding sunnah (gairu mulzim li al-hukmi). However, the authority of the Sunnah is limited to its confirmatory (ta’kid) and explanatory (mubayyin) functions regarding the Qur’an, while its formative (making new laws), takhṣīṣ, and naskh functions are explicitly rejected. This limitation has the effect of narrowing the normative space of the Sunnah. Although theoretically it does not recognize the formative function of the hadith (making new laws), in practice, the Ahmadiyya uses the hadith to create new laws, namely when legitimizing the mahdīth and mujaddiqīyah of Mirza Ghulam Ahmad, even though this is not mentioned in the Qur’an. This “narrow” authority of the Sunnah has consequences for the high authority of the caliph in the practice of istinbāṭ al-ahkām of the Ahmadiyya. Of course, this is a characteristic feature of istinbāṭ al-ahkām, where the caliph has the highest authority as the highest interpreter. This finding also emphasizes the importance of studying Islamic jurisprudence (fiqh) and Islamic jurisprudence (ushul fiqh) in understanding the dynamics of Ahmadiyya thought more comprehensively.
Historical Sharia vs Modern Sharia: Measuring the Islamic Public Law Paradigm Hamka Husein Hasibuan
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 4, No 1 (2026)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v4i1.21119

Abstract

This article aims to analyze the modern sharia paradigm offered by Abdullahi Ahmed An-Na'im as an effort to reconstruct Islamic public law to be compatible with the modern constitutional state. This research is normative legal research with a philosophical approach that relies on the study of literature on the main works of An-Na'im and relevant literature. The data is analyzed qualitatively through content analysis and philosophical interpretation to uncover the conceptual constructions of historical and modern sharia. The results of the study show that An-Na'im deconstructed historical sharia by shifting the normative orientation from the specific legal formulation to the universal values of the Qur'an through the reinterpretation of the relationship between Makkiyah and Madaniyah verses. Sharia is no longer positioned as a positive state law, but rather as a source of public ethics that operates through public reason within the framework of constitutional democracy. The reconstruction gave birth to a paradigm of universal citizenship that rejected the differentiation of legal status based on religion, gender, and social identity, and placed justice, freedom, equality, and human dignity as the foundation of Islamic public law. Although there is still debate about the methodological legitimacy of the reinterpretation of the naskh concept, the An-Na'im paradigm offers a framework of renewal that expands the possibilities of dialogue between sharia and modern public law without relinquishing the normative dimension of Islam
Co-Authors Dhiauddin Tanjung Fauziah Lubis Hasan Matsum Mhd. Syahnan Nisful Khoiri Pagar