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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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INDONESIA
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 163 Documents
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DISPENSASI NIKAH PASCA PERUBAHAN BATASAN USIA MENIKAH DI PENGADILAN AGAMA (TINJAUAN MASLAHAH MURSALAH) Nur Rahmah; Muhammad Ridho
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 9, No 1 (2023)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v9i1.7875

Abstract

Amendments to Law Number 16 of 2019 concerning Marriage focus on the provisions of Article 7 concerning the minimum age limit for marriage to 19 years for men or women. The change in the age limit for marriage has an impact on the high number of applications for marriage dispensation in every religious court. The legal considerations of a Judge in making a Legal Determination/ Decision in an approved Marriage Dispensation Application are crucial to be examined because these considerations do not seem to go hand in hand or reject changes to the marriage age limit. Legal considerations by judges in marriage dispensation cases can be seen in three categories, First, avoiding sin or adultery, Second, because of pregnancy, and Third, adat (larian). The acceptance of the application for Dispensation of Marriage in the three categories is considered on the side of benefit for the prospective husband and wife with the aim of maintaining the status of mother and child, and closing opportunities for the practice of unregistered marriages.The stipulation contains legal certainty, justice and benefits for the parties concerned.
Rekontruksi Peran Gender pada Pengasuhan Anak-Anak Korban Perceraian di Panti Asuhan Hayat Sabungan Jae Ritonga, Sylvia Kurnia
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15820

Abstract

The development of children in orphanages is greatly influenced by the parenting pattern provided by the caregiver as a substitute for the role of the biological father and mother. Divorce as a factor that causes children's development to be hampered both mentally, physically and cognitively. Reconstruction of gender roles is very necessary to produce healthy children, full of potential and self-confident children of divorce victims in orphanages. This study aims to determine the gender reconstruction of parenting at the Hayat Sabungan Jae orphanage in Padangsidimpuan City. This study is a qualitative study, namely looking at gender reconstruction in the care of children who are victims of divorce. Data were collected through observation, interviews, and document studies. The results of this study indicate that parenting practices are carried out by placing caregivers as fathers and mothers who replace their biological parents in three aspects, namely care, education and child self-development. Reconstruction of gender roles in the parenting process is carried out by considering the age of the child by engineering the role of the father and mother as befits the biological mother. The process is carried out by placing the father and mother specifically during the transition from the biological mother and father. Then self-development after adolescence by paying attention to the interests and talents of boys and girls. From the results of this study, it can be concluded that caregiving with gender reconstruction runs full of limitations of caregivers in Hayat orphanages. This means that there needs to be a balanced relationship between foster children and caregivers to create maximum care based on gender.
Keadilan Gender dalam Mewujudkan Keluarga Sakinah Bagi Keluarga Penghafal Al-Qur’an Musthofa, Mohammad Hendy
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15524

Abstract

This study is motivated by the importance of the division of roles between husband and wife with the status of memorizers of the Qur'an, on the one hand serving as parents in guiding and accompanying the family. The purpose of this study was to determine the division of roles according to the concept of gender justice in families of memorizers of the Qur'an. A descriptive qualitative research method was conducted on 5 families to determine the division of roles in the family according to gender. The results of the study indicate that for families of memorizers of the Qur'an, the practice of gender justice is not only normative, but is also applied in everyday life. This is because they make the Qur'an the main guideline in life. How to build a harmonious family by sharing tasks and roles of family members without distinguishing gender and complementing each other. Fair division of roles between family members is an important aspect in building harmonious and Islamic relationships. So that it becomes a harmonious family and in accordance with Islamic values.
Keadilan Pembagian Warisan: Perspektif Masyarakat Multikultural Siregar, Nurma Harana Mora; Azizah, Nur
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.14474

Abstract

The issue of inheritance distribution in Indonesia is highly relevant in the context of a multicultural society influenced by variations in ethnicity, culture, and religion. This study aims to examine the principles of justice in the distribution of inheritance amidst this diversity. The method employed is library research, focusing on the analysis of literature related to inheritance law, culture, and social impacts. The findings indicate that differences in cultural norms can lead to conflicts in inheritance distribution, even though Islamic law provides clear guidelines. This research recommends the application of maqasid sharia principles and mediation processes to achieve more comprehensive justice within a multicultural society.
Problematika Hukum Perkawinan Usia Dini Bagi Kehidupan Perempuan Nurkasim, Nurkasim; Khaliq, Achmad; Cahyani, Dewi
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15570

Abstract

Child marriage refers to a marital union conducted at an early age, in which individuals—particularly adolescents—are not yet adequately prepared to enter into such a significant life commitment. Nevertheless, due to specific underlying reasons, such marriages are sometimes carried out in an effort to avoid greater harm or societal repercussions. Law No. 1 of 1974 also regulates the minimum age requirement for marriage for both males and females, with the aim of establishing a stable and enduring family, consistent with the ultimate goals of marriage. In practice, child marriages often experience disharmony within the family structure, primarily due to the couple’s lack of readiness to bear the burdens of life and assume the responsibilities of parenthood. Consequently, such marriages are highly susceptible to ending in divorce. This study employs a qualitative descriptive approach, which seeks to portray the social realities surrounding the issue. Data were collected through interviews. The findings of this study reveal that underage marriages often occur despite couples lacking sufficient maturity and violating legal marriage requirements as stated in Chapter II of the Marriage Law. In Kasokandel, Argapura, and Majalengka districts, underage couples frequently experience marital disharmony due to unmet spousal rights and obligations, infidelity, and recurring conflicts, often leading to divorce. Child marriage negatively impacts household harmony, as young spouses generally face adverse consequences stemming from psychological unpreparedness to handle the challenges of married life, which ultimately diminishes family quality.
Analisis Fiqh Siyasah Terhadap Peran Hakim Pengawasan dan Pengamatan Berdasarkan Pasal 277 j.o Pasal 280 KUHAP Putra, Farandi Wiryanata; Frenki, Frenki; Vinanda, Olivia Rizka
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15315

Abstract

This research discusses the Fiqh Siyasah Analysis of the Role of Supervision and Observation Judges based on Pasal 277 jo Pasal 280 of UU Number 8 of 1981 concerning Criminal Procedure Law (KUHAP) at the Menggala Class IIB District Court of Tulang Bawang Regency. The focus of this study is to evaluate the implementation of the judge's function in supervising the implementation of court decisions and reviewing its suitability with the principles of fiqh siyasah. The research used descriptive qualitative methods with data collection techniques through interviews and documentation. The results showed that the implementation of the duties of supervisory judges and observations in the field still faced obstacles such as limited human resources, lack of technical understanding, and the absence of standardized operational guidelines. In the perspective of fiqh siyasah, this role is a shar'i mandate that aims to maintain substantive justice and protect the rights of prisoners. Optimizing this role is important to ensure the implementation of the law in accordance with sharia and universal values of justice. This research is expected to enrich the study of Islamic law, become an academic reference, and provide practical recommendations to improve the effectiveness of the implementation of Kimwasmat in court.
Dinamika Praktik Pembagian Waris Pada Masyarakat Pedesaan; Kajian Sosio-kultural dan Hukum Ridho, Muhammad
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15596

Abstract

Indonesia, as a multicultural nation, is home to diverse ethnic groups, cultures, and value systems, including in the governance of inheritance law. Within this diversity, Islamic inheritance law normatively stipulates that male heirs receive a share twice as large as that of female heirs. However, in practice, not all Muslim communities in Indonesia adhere strictly to these provisions. This study aims to examine the inheritance distribution practices among rural Muslim communities and explore their perspectives on Islamic inheritance law. The research employs a descriptive qualitative approach through field observations, in-depth interviews, and document analysis in a rural village setting. The findings reveal that the local community tends to distribute inherited property, particularly land, equally between male and female heirs (1:1) through family deliberations. This distribution is perceived as a form of social justice that aligns with local values of familial harmony and mutual agreement, despite differing from the normative provisions of Islamic law. These findings reflect a process of contextual adaptation between religious principles and local wisdom in the community's social practices.
Normative Legal Review on the Implementation of the Main Thoughts of the DPRA in 2023 Syahriga, Razik; Suganda, Delfi; Fithria, Nurul
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15342

Abstract

Regulation of the Minister of Home Affairs Number 86 of 2017 was ratified in 2017. The researcher is particularly interested in Article 178 of this regulation, which discusses the review of main ideas. The study examines whether the established rules are appropriate and whether their implementation is effective and efficient. The first issue the researcher seeks to investigate is the mechanism for implementing the Pokir (Main Thoughts) of the DPRD Banda Aceh City, as well as the effectiveness of these rules in promoting regional development in the Syiah Kuala District, Banda Aceh City. In writing this article, the author employs the Normative Juridical approach. This methodology in legal research focuses on analyzing applicable laws and regulations about the legal issues being studied, ultimately leading to problem resolution. The findings of this research indicate that the rules formulated by the legislative institution are appropriate, as they provide clear guidelines for implementing policies based on community aspirations. Furthermore, their implementation has been efficient and well-executed, demonstrating harmony between regulation and field application. This synergy between local governments and legislative institutions ensures that the main ideas generated genuinely contribute to planning that is more responsive to community needs. Thus, this regulation plays a significant role in fostering a more participatory and welfare-oriented regional development process.
Tinjauan Fiqh Siyasah Tanfidziyah Terhadap Implementasi Peraturan Pemerintah Nomor 11 Tahun 2021 Tentang Badan Usaha Milik Desa Anggraini, Putri; Nur, Efa Rodiah; Mu'in, Fathul
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15770

Abstract

The purpose of this study is to understand the “Review of Fiqh Siyasah Tanfidziyah on the Implementation of Government Regulation No. 11 of 2021 concerning Village-Owned Enterprises at BUMDes Abdi Tani, Rejosari Jaya Village, Belitang Jaya District, East Oku Regency.” This research technique employs a qualitative and descriptive approach. This research data comes from primary data obtained through interviews with Rejosari Jaya Village Government Apparatus and documents related to BUMDes management and secondary data obtained by researchers through relevant literature review. The findings of this research reveal that the administration of BUMDes in Rejosari Jaya Village does not completely comply with Government Regulation No. 11 of 2021 regarding “BUMDes”. This is due to the lack of ability of administrators and village government officials in managing BUMDes. For this reason, training and coaching are needed to improve the ability of the management to manage BUMDes Abdi Tani. Fiqh Siyasah Tanfidziyah review of government regulation No. 11 of 2021 concerning Village-Owned Enterprises (BUMDes). That the Village-Owned Enterprises are the implementers of Siyasah Tanfidziyah, the management of Village-Owned Enterprises has not gone well because the management lacks responsibility and mandate in managing BUMDes abdi tani, this is in accordance with the letter al-anfal verse 27 which explains the responsibility and mandate of the Bumdes Abdi Tani implementer.
Identifikasi Jenazah Berdasarkan Hukum Islam Dan Hukum Humaniter Internasional Siregar, Sawaluddin
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.15291

Abstract

Challenges such as violent situations, armed conflicts, global pandemics, and natural disasters. The event found many unidentified graves. Is the opening of the body a legal obligation under Islamic law and International Humanitarian Law? or is it just a moral obligation to help worried family members? This study will provide an overview of the principles of Islamic law governing the burial of the body. Then compare it with the rules of International Humanitarian Law and show that both International Humanitarian and Islamic Law aim to end the suffering of the families of the missing. This study uses normative legal research. descriptive qualitative approach. Conclusion This article is the similarities and complementarities of the two legal bodies greatly contribute to being used by humanitarian workers to protect the families of the deceased and end the suffering of obtaining information about the fate and whereabouts of the body. Burial of unidentified bodies humanitarian workers must discuss with religious authorities. As well as the importance of storing burial information before burying it and participating in the development of forensic science in Islamic countries.

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