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Jurnal el-Qanuniy beralamat di jalan T. Rizal Nurdin Km. 4,5 Kelurahan Sihitang Kecamatan Padangsidimpuan Tenggara Kota Padangsidimpuan Kode Pos 22733 berlokasi di Gedung Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan
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Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Published by Institut Agama Islam Negeri Padangsidimpuan
ISSN : 24426652     EISSN : 25807307     DOI : https://doi.org/10.24952/el-qonuniy.v5i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial diterbitkan oleh Fakultas Syariah dan Ilmu Hukum, Institut Agama Islam Negeri Padangsidimpuan. Jurnal el-Qanuniy pertama kali diterbitkan pada tahun 2005 berdasarkan SK No. 0005.079/JI.3.2/SK.ISSN/2015.03 tanggal 27 Maret 2015 dan ISSN: 2442-6652. Jurnal el-Qanuniy juga memiliki ISSN elektronik: 2580-7307 berdasarkan SK No. 0005.25807307/JI.3.1/SK.ISSN/2017.07 tanggal 8 Juli 2017 yang mulai digunakan pada Volume 3 Nomor 1 Edisi Januari-Juni 2017.
Arjuna Subject : Umum - Umum
Articles 10 Documents
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Search results for , issue "Vol 10, No 1 (2024)" : 10 Documents clear
Urgensi Kebijakan Sebagai Upaya Pencegahan Judi Online di Perguruan Tinggi Berdasarkan Konsep Maslahah Ramadi, Bagus; Panjaitan, Budi Sastra; Harahap, Abdul Aziz
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10955

Abstract

Online gambling cases are found not only in the general public but also in the educational environment. Educational institutions have become a paradox between the advancement of knowledge, morals and behavior of some of their students. As a result, there needs to be action taken by the government to prevent similar incidents from occurring in other educational institutions. The government is considered urgent to use policy instruments to stop online gambling in educational institutions, especially in universities (campuses). This qualitative research uses normative research with a statue approach. Using the literature method (library research). The data of this research is analyzed qualitatively, namely secondary data in the form of theories, definitions and substance from various literatures, and laws and regulations, as well as primary data obtained from literature studies, then analyzed with relevant laws, theories and expert opinions to formulate the benefits. The results showed that the impact caused by this online gambling game is very significant, including a bad stimulus for the Higher Education environment, namely the lack of interest or motivation to study for students, worsening the economy such as debt and decreasing spiritual or religious observance. In addition, it affects psychologically due to defeat, impaired health and triggers acts of criminality such as stealing and cheating.
Tradisi Perhitungan Weton Dan Pengaruhnya Terhadap Keharmonisan Rumah Tangga Di Desa Sidomulyo Dalam Perspektif 'Urf Hidayati, ST Nor; Luthfilhakim, Muhammad
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10943

Abstract

The Qur'an and hadith do not specifically discuss the weton calculation tradition, but the people in Sidomulyo Village, Jakenan District still maintain this belief as an integral part of Javanese cultural heritage. Ideally, household harmony is measured by fulfilling the rights and obligations of husband and wife, but the majority of people in Sidomulyo Village, Jakenan District still believe in weton calculations, and this is the benchmark for household harmony. The aim of this research is to determine the tradition of calculating weton in Sidomulyo village, Jakenan subdistrict and its impact on household harmony according to 'urf rules. This study used qualitative research methods. To gain an in-depth understanding of the Weton calculation tradition, researchers conducted interviews with research subjects. This research was located in Sidomulyo Village, Jakenan District. The interview technique was conducted in depth with eight married couples using weton calculations. The results of this research show that the people of Sidomulyo Village believe in the importance of calculating the weton before getting married. They believe that calculating weton is one of the steps to seek safety and achieve harmony in the household and calculating weton for marriage, as happened in Sidomulyo Village, is considered an acceptable 'urf.
Pola Perkembangan Hukum Islam di Indonesia dan Tantangannya Kholidah, Kholidah
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.11113

Abstract

The development of Islamic law in Indonesia is formed in two patterns, namely cultural patterns and structural patterns. Cultural or non-legislative patterns are played out by ulama, kyai and also Islamic mass organizations. They increase the implementation of sharia in a button up, adaptive and persuasive manner in society. Meanwhile, the structural pattern or also called the constitution is played by the political elite. They try to implement Islamic values and Islamic legal norms into national law. Both cultural patterns and structural patterns each contribute and the two cannot be separated. Even so, the existence of Islamic law in Indonesia faces many challenges. The biggest challenge comes from Muslims themselves. Muslims in general still have very low legal awareness, starting from politicians as proponents of legislation and the public as users. This picture was obtained through secondary data from three legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. These legal materials are sourced from literature using a historical approach.
Perkawinan Campuran Dalam Dampak Globalisasi Pada Hukum Keluarga Pahutar, Agus Anwar; Ritonga, Mahyudin; Hanafi, Abdul Halim; Siregar, Neila Hifzhi
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10979

Abstract

Globalization has an impact on various aspects of human life, without exception in the case of marriage, where in this era of globalization mixed marriages have become commonplace. This article therefore explores how different countries deal with the legal issues arising from marriages between citizens of different jurisdictions. The study focuses on analyzing legal regulations and practices related to legal status, citizenship, and child custody in the context of mixed marriages. Through qualitative research that includes a literature review and case analysis, this article discusses the implications of the different regulations in different countries and their impact on the individuals and families involved. From the analysis, it is found that: First, Differences in international family law. Mixed marriages often raise complex legal issues, including differences in marriage, divorce, child custody and inheritance laws, which can vary significantly between countries Second, Citizenship and its legal implications. Citizenship factors have important implications in mixed marriages, affecting everything from legal rights and obligations in different countries, to issues such as child custody and access to social services. Third, social integration challenges. Families in mixed marriages may face challenges of social integration and cultural adaptation, which require sensitive and inclusive approaches from society and government agencies.
Harmoni Multikultural; Keragaman dalam Penyelesaian Sengketa di ASEAN, Uni Eropa dan Liga Arab Margolang, Fahmi Ihsan; Zahrani, Rahma; Sapriliani, Syara; Mushlih, Taufik
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.11386

Abstract

This study explores the role of cultural diversity in dispute resolution within ASEAN, the European Union, and the Arab League. Using a qualitative library research method, this study analyzes relevant literature through the lens of multiculturalism and regional integration theories. Multiculturalism emphasizes the importance of cultural recognition, while regional integration theories, such as neo-functionalism and intergovernmentalism, highlight the roles of supranational institutions and member states. The findings indicate that cultural diversity influences dispute resolution approaches in the three organizations. ASEAN prioritizes consensus, the European Union employs legal mechanisms, while the Arab League faces internal political challenges. This study concludes that cultural recognition and robust institutional frameworks are key to effective dispute resolution.
Penundaan Pembagian Warisan: Tradisi Menjaga Keharmonisan Keluarga Ditinjau Dari Sosiologi Hukum Islam Muhammad Artho' Mudzhar Ridwan, Muhammad
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10954

Abstract

This study aims to examine the delay in the distribution of heritage assets to the people of Padangsidimpuan. Interestingly, some people in Padangsidimpuan City want to divide the inheritance when both heirs have died, all heirs have been married, and the most share (portion) for the oldest child. Therefore, there are often delays in the distribution of inheritance because they do not find agreement between families.  This type of research is normative juridical legal research, while the data collection technique used is an interview with people who postpone the distribution of inheritance, namely the people of Padangsidimpuan. The results of this study show that the people of Padangsidimpuan City postponed the distribution of inheritance because they maintain the benefit of the family. This tradition has been valid for a long time, because the majority of the population adheres to the customary system (dalihan na tolu) which upholds the value of togetherness (ahwal). In addition, the fundamental reasons for delaying its implementation are that the heirs are not yet mature, no one has finished school, there is a biased assumption from the community when distributing inheritance (an heir dies) because they are considered greedy for inheritance.
Status Kewarisan Anak Luar Kawin Dalam Perspektif Hukum Positif dan Hukum Islam Pasca Putusan MK Nomor 46/PUU-VII/2010 Imadudin, Agung Nursufa
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10968

Abstract

An illegitimate child will have legal consequences, namely having no legal relationship with his or her biological father, both regarding education and inheritance. Constitutional Court Decision Number 46/PUU-VII/2010, provides the position and rights of children outside of marriage, giving rise to dualism in its application. It is necessary to examine more deeply the status of inheritance rights of illegitimate children according to normative juridical and Islamic law, as well as what the status of inheritance rights of illegitimate children is after the Constitutional Court decision. In Islamic law and positive law, it is stated that illegitimate children cannot be assigned to their (biological) father. This means that illegitimate children cannot inherit from each other between the child and his father and his father's family based on the consensus of the ulama. The Constitutional Court's decision provides the right for illegitimate children to have a civil relationship with their father, as long as it can be proven based on science and technology and/or other legal evidence. In its implementation, this decision still requires an explanation in the form of legislation that regulates the extent of a child's civil relationship with their biological father.
Kesadaran Hukum Dalam Pemenuhan Hak Disabilitas Perspektif Hukum Keluarga Nuraini, Diah; Solichin, Nur Mifchan; Umam, Khotibul
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10940

Abstract

Legal awareness in disabled families shows a fifty-fifty point, where someone with a disability has the courage to try to get married and fulfill their rights and obligations as a husband, especially the right to support their family. Although not all blind families know and understand the details of marriage law such as marriage conditions, rights and obligations of husband and wife, child gifts, as contained in applicable family law principles. Efforts to work coupled with skills and job opportunities have grown significantly, in Indonesia in 2022, there will be 720,748 disabled workers, an increase from 277,018 people in 2021. On the other hand, awareness of disability law in the public sphere is still lacking, where it is still limited. access to facilities and infrastructure at Special Schools and Community Learning Activity Centers at the village level which motivates increasing insight and skills with disabilities as an improvement in living standards, whereas in the realm of legal apparatus, judiciary and correctional institutions, there is minimal implementation of the fulfillment of disability rights, such as supporting facilities for sign language interpreters and the use of Braille, disabled-friendly building facilities and legal information outreach to people with disabilities.
Menelisik Pertumbuhan Hukum Ekonomi Islam; Sudut Pandang Berbagai Faktor Di Indonesia Siregar, Indah Permatasari; Khairiyahtussolihah, Assa’adatul
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10988

Abstract

Starting from the Islamic way of life which also teaches about economics, economic problems arise in Islam. Not only in conventional economics, economic problems arise in Islam, resulting in the decline of Islamic economics. Apart from that, Islamic economics is experiencing growth as a result of the current crisis, this is a reminder for the general public to study Islamic economics, of course the presence of Islamic economics is a source of hope for many people. Because Islamic economics has many benefits for the entire community and will continue through education and gradual steps. The purpose of this study is to examine the factors that influence the growth of the Islamic economy in Indonesia Library research is the search for research data or information through reading scientific journals, reference books, published economic growth reports, and other publications that support this writing. The data used is secondary data derived from a variety of relevant literature. To answer research questions, many sorts of data and information are evaluated and synthesized. The study's findings reveal that human capital, the number of people on the planet, the amount of available land, the number of syariah firms, and the availability of technology all have an impact on economic growth.
Kedudukan Ayah Biologis Sebagai Wali Nikah Anak Zina Putusan MK Nomor 46/PUU-VIII/2010 (Pandangan Penghulu KUA Kecamatan Sipirok) Mustafid, Mustafid; Anisa, Darania
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 1 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i1.10938

Abstract

This research discusses the position of biological fathers in the Constitutional Court decision Number 46/PUU-VIII/2010, then will also look at the views of the Penghulu in the KUA of Sipirok District. This is field research at the location of the Sipirok District KUA, and the primary data is the decision of the Constitutional Court Number 46/PUU-VIII/2010 and the understanding of the head of the Sipirok District KUA, and secondary data in the form of books, journal articles, and other parts. Next, the data was obtained using interview and documentation techniques and then analyzed using descriptive analysis techniques. The results of this research are as follows: First, in the decision of the Constitutional Court Number 46/PUU-VIII/2010, there was a reduction in the provisions in Article 100 KHI and Article 43 of Law No. 1 of 1974 concerning marriage. This change states that children born out of wedlock have a family relationship with their mother and their mother's family and with a man recognized as their father based on scientific and technological evidence or other legally valid evidence. The child was also recognized as having a civil relationship with his father's family. So, with this decision, the biological father can become the guardian of the marriage with DNA test evidence. Second: The Penghulu references Sipirok District KUA, Constitutional Court decision Number 46/PUU-VIII/2010. It has yet to be implemented directly, and they prefer to use guardian judges according to the rules of fiqh and customs in the area.

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