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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
 1 
Search results for , issue "Vol 10, No 2 (2024)" : 10 Documents clear
Menggali Konsep Keadilan Dalam Poligami: Studi Terhadap Nilai Moral Dalam Masyarakat Muslim Fuadi, Ahmad; Anggreni, Devi; Fitriyani, Fitriyani
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.13795

Abstract

Law No. 1 of 1974 stipulates that the primary principle of marriage in Indonesia is monogamy, while polygamy is permitted only in specific situations and under very strict conditions. In the Compilation of Islamic Law, provisions regarding polygamy are regulated in Articles 55 and 56, which state that polygamy is only allowed under particular circumstances and must fulfill several predetermined requirements. Although legal regulations governing polygamy exist, its practice continues to raise various issues for certain groups. This study employs a normative juridical approach, utilizing secondary data obtained through literature studies. The research specification is descriptive-analytical, describing the applicable legislation, linking it to legal theories, and comparing it with its practical implementation. The findings show that polygamy in Islam is only permitted as a solution in emergency situations, not as a choice without a clear reason. This allowance aims to protect marginalized women or children in need of care. Polygamy must be carried out responsibly, based on humanitarian objectives, and requires the husband's ability to act fairly and wisely, not merely driven by personal desires.
Merekonstruksi Penelitian Hukum Menurut Konstitusi Ilahi Arlis, Arlis; Zulfan, Zulfan; Ushalli, Eskarni; Yuherlis, Neni; Hidayat, Rahmat
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.12387

Abstract

This study is situated within the context of developing an understanding of legal research based on religious principles within the framework of the divine constitution. The focus of this research is on the reconstruction of legal research according to religious teachings, emphasizing the relationship between law, Allah, the Prophet, and ulil amri. The aim of this study is to uncover and describe the reconstruction of legal research based on the divine constitution, and to formulate the principles that should guide legal research in accordance with religious teachings. The research method used is a normative legal approach with an intensity-based analysis, utilizing secondary data as the primary source of information. The findings of this study indicate that the reconstruction of legal research according to the divine constitution requires conducting research with sincerity, consistency, and adherence to the principles of Allah and the Prophet’s teachings. The solution to resolving disputes in legal research is to return to the divine sources. The concepts of iqra’ and fatabayyanu serve as foundations for avoiding ignorance in legal research. Legal research should be conducted with pure intent, based on valid evidence, and involve ijtihad, a method passed down by the Prophets and Apostles to the scholars. Those who are unable to engage in ijtihad must follow the muttabi’, and it is forbidden to become a muqallid.
Hukum Islam Dalam Tata Hukum Indonesia Pahutar, Agus Anwar; Yunaldi, Wendra; Karim, Shofwan; Am, Rusydi; Wahyuni, Sri
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.13700

Abstract

This study discusses the position and role of Islamic law in Indonesia's national legal system, a pluralistic legal system. As a country with a majority Muslim population, Islamic law has played a significant role, especially in the fields of family law, sharia economics, and waqf. However, the application of Islamic law faces challenges such as legal pluralism, differences in interpretation, social modernization, and commitment to human rights standards. The main issues formulated in this study are how Islamic law is accommodated in the Indonesian legal system, what challenges it faces, and what opportunities can be utilized for its development. The research method used is qualitative descriptive with historical, normative, and sociological approaches. Data is collected through the analysis of documents, such as laws and regulations related to Islamic law, as well as literature studies involving books, journal articles, and policy reports. Data analysis was carried out qualitatively by identifying key themes related to the roles, challenges, and opportunities of Islamic law. The results of the study show that Islamic law has been accommodated in the national legal system through various regulations, such as the Marriage Law, the Sharia Banking Law, and the Zakat Law. The main challenges of its implementation include the gap between regulation and implementation, the pressure of modernization, and the plurality of Indonesian society. On the other hand, the opportunity for the development of Islamic law is quite large, supported by the growth of the sharia economy, technological innovation, and the support of the Muslim community. This study concludes that Islamic law has great potential to develop further as an integral part of Indonesia's legal system, as long as its application is carried out in an inclusive and adaptive manner to the needs of diverse societies.
Dialektika Fiqih Kontemporer Terhadap Ketetapan Hukum Lavender Marriage Ritonga, Sylvia Kurnia
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.14213

Abstract

Marriage should not cause one of the partners to lose happiness due to wanting to cover up the sexual identity of one of the partners. Contemporary Islamic jurisprudence opens up space in studying the legal status of lavender marriage to avoid marriages that are not in accordance with the maqosid An-nikah. This study is a literature study to reveal the legal status of lavender marriage in the context of contemporary Islamic jurisprudence. Data were obtained by looking in depth at various literatures to get a more specific explanation. The results of this study indicate that lavender marriage is a marriage that is prohibited in Islam because it deviates from the true purpose of marriage. Islamic law does not provide opportunities for marriages that do not respect human nature as men or women in obtaining happiness in marriage. Islam prohibits marriages that violate human nature. Contemporary scholars are not in accordance with the purpose of marriage and violate the rights and obligations of one of the partners.
Identifikasi Upaya Hukum Putusan No.456/Pdt.G/2018/Pa.Gtlo: Studi Kasus Sengketa Ekonomi Syariah Cahyani, Putri Tri; Sururie, Ramdani Wahyu; Rahmani, Salma
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.13610

Abstract

The rapid development of the Islamic economy in Indonesia has given rise to various legal disputes that require special attention, particularly those related to the execution of mortgage rights in Islamic banking. These disputes are often complex, involving considerations of both Sharia principles and prevailing positive law. This research aims to analyze Decision No. 456/Pdt.G/2018/PA.Gtlo along with its related appeal and cassation decisions, to understand the dynamics and implications of such disputes. A case study approach is employed in this normative legal research methodology, with primary data in the form of court decisions were qualitatively analyzed. The research findings reveal a consistent pattern in court decisions, across the first instance, appeal, and cassation levels, rejecting the lawsuit for the annulment of mortgage execution. This rejection is based on several reasons, including formal defects in the filing of the lawsuit, the prohibition of retrying a case (ne bis in idem), and limitations on the scope of cassation review. These findings emphasize the importance of a deep understanding of the legal procedures applicable to disputes in Islamic economics, especially in the context of mortgage execution. Misunderstanding or negligence in fulfilling legal procedures can have serious consequences, such as the rejection of a lawsuit and losses for the disputing parties. Furthermore, this research highlights the importance of carefulness in filing lawsuits, particularly concerning formal and substantive aspects, to avoid unnecessary retrials.
Dilema Hukum Dalam Pengangkatan Anak Oleh Pekerja Migran Indonesia Di Malaysia Habibie, Dieva Ahmad; Sadjeli, Siti Soraya; Gabriella, Theresia; Rasyed, Muhammad Al; Saarah, Arini; Ramadhani, Dwi Aryanti
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.13900

Abstract

This study examines the differences in child adoption regulations between Indonesia and Malaysia, and their impact on the legal protection of children adopted by Indonesian migrant workers in Malaysia. Employing a socio-legal approach, this study analyzes the regulations in both countries as well as relevant literature on child protection and international migration. The findings reveal that discrepancies in regulations, particularly regarding adoption procedures and recognition of citizenship, result in legal uncertainties for adopted children. These children often face difficulties in obtaining birth certificates, legal identity, and access to basic rights such as education and health. This study highlights the importance of harmonizing regulations between the two countries and strengthening international cooperation to protect the rights of children adopted by migrant workers. The practical implications of this research include the need for more comprehensive policies to protect cross-border children and to raise public awareness of the importance of child protection.
Perlindungan Hukum Terhadap Anak Dibawah Umur Pasca Perceraian Perspektif Undang-Undang Perlindungan Anak No 35 Tahun 2014 Harahap, Hilal Haitami; Harahap, Mhd. Yadi
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.12350

Abstract

This scholarly inquiry aims to ascertain the legal status of offspring conceived within matrimonial bonds, as well as the statutory regulations concerning Custody rights post-Divorce. Through the application of normative jurisprudential analysis, the findings indicate that the status of children conceived within such unions holds legal validity and constitutes a significant aspect of the child's welfare. This is stipulated under the provisions of Law Number 1 of 1974, specifically in Chapter IX, Articles 42 to 43. Concerning Child Protection and Custody rights post-Divorce, the law mandates that both parents continue their responsibilities to nurture and educate their offspring, prioritizing the child's best interests. Should conflicts arise over Custody, the judiciary is tasked with resolving these by issuing rulings, as stipulated in Article 41(a) of Law No. 1 of 1974 on Marriage. The legal onus for covering the child's upkeep and educational expenses rests with the father. However, should the father prove incapable of meeting these responsibilities, judicial discretion under Article 41(b) allows for the assignment of these financial obligations to the mother. Additionally, the court holds the authority to mandate financial support from the former husband and may specify the financial duties of the former wife. The research results show that the main aim of Child Protection is to ensure that all children's rights are fulfilled so that they are able to live and develop well, and contribute in accordance with human values and dignity. This includes getting protection against acts of violence and discrimination to achieve the vision of creating a quality, virtuous and prosperous Indonesian generation.
Hak Konstitusional Bagi Penyandang Disabilitas Perspektif Siyāsah Wibowo, Irham; Rahmah, Nur
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.13162

Abstract

The purpose of law is closely related to natural rights, because humans as legal subjects have the right to freedom, the right to life, and the right to property. These rights originate from human nature which is independent of all forms of legal systematics and constitutional practices. The logical consequence that needs to be understood is that the government must be able to provide guarantees to all its citizens, not oppress or exploit them. Automatically, every citizen has the same rights and opportunities in various fields. One of the rights for citizens guaranteed by the constitution is political rights. Of the hundreds of millions of Indonesian citizens there is a group called people with disabilities. Their existence is accommodated through Law Number 8 of 2016 concerning Persons with Disabilities. In Article 13 letter (a) of Law Number 8 of 2016 concerning Persons with Disabilities, it is stated that they have political rights, namely to vote and be elected to public office. These statutory regulations open up the same opportunities as people in general and at the same time confirm that the constitutional mandate in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia has been carried out. So the logical consequence is that public office is no longer a privilege for elite groups, so that people with disabilities can elect and be elected as executive officials, members of the legislature or judiciary, as well as positions in other institutions or bodies. People with disabilities are not miserable people whose existence is underestimated. In the siyāsah perspective, they are the same as other humans. Islam never discredits certain groups, but Islam mainstreams justice and generalizes services for its people, including people with disabilities. This article underlines the need for active involvement of people with disabilities in Indonesia in political activities. In fact, they also have the same opportunities and opportunities as people in general to fulfill all kinds of constitutional rights, such as voting and being elected in general elections. Meanwhile, the context of Siyasah Syar'iyyah is strengthened through His words in Surah al-Maidah verse 8 that the command to do justice to humans includes fulfilling all the rights of people with disabilities among us.
Tinjauan Aksiologi Terhadap Pensyariatan Iddah Perspektif Psikologi Hukum Keluarga Hasanah, Uswatun; Harahap, Abdul Aziz
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.13051

Abstract

Iddah in Syara’ for divorced women is not just a waiting period, but an important process that must be passed to achieve ultimate peace, both mentally and physically. This research aims to trace the complex stages that women go through during the Iddah period, using field research methods with a descriptive analysis approach. The results show that the Iddah period serves as a means of psychological tranquillization in line with the principles of shara'. This process can be successful if the woman is patient and stays away from proposals that are contrary to sharia, as explained in the texts of the Qur'an and Sunnah. Therefore, women are encouraged not to put on makeup and to observe a period of mourning, as a form of devotion and an effort to get closer to Allah SWT.
Teori Hubungan Hukum Adat dan Pengaruhnya Terhadap Pembaharuan Hukum Islam Di Indonesia Usqho, Mutia Urdatul; Firdaus, Beni; Endriyenti, Endriyenti
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (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.v10i2.11762

Abstract

The development of customs and Islam became a harmonious relationship that should not have any overlap within it, but the theory imposed by the Dutch (Colonial) built the conception that customs and Islam could not be united with each other. So this can be made into a research study by explaining the theories presented by colonialism and evaluating them with the reforms of Islamic law in Indonesia. The goal is to find a bright spot between customs and Islam that has increasingly caused conflicts until now. The research was conducted using a literature study, which involved examining previous studies as primary sources and supplementing them with expert opinions to support existing theories. The results obtained show that customary law and Islamic law are openly stated to be very harmonious, but this is not the case when viewed from the three existing theories. However, the conception used, if revised, will become a renewal that indirectly illustrates that customary law also has Islamic concepts, and Islamic law can be aligned when there are things that contradict Islamic law.

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