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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 163 Documents
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Teokrasi dan Musyawarah dalam Pemerintahan Nabi Muhammad Saw Mengenai Kajian Konstitusional atas Piagam Madinah Habib Habiby Tambunan, Alreza Revaldo; Putra, Farandi Wiryanata; Latua, Abidin
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.v11i1.15584

Abstract

The Islamic system of government has undergone significant development throughout the history of the Muslim community. Beginning with the leadership of Prophet Muhammad SAW, governance was based on divine revelation and the principles of justice and consultation. The period of the Khulafaur Rasyidin continued this legacy by emphasizing shura (consultation) and leadership equality. However, a notable shift occurred during the Umayyad Dynasty, which introduced hereditary monarchy, followed by the Abbasid Dynasty, which developed a more complex governmental bureaucracy. This study addresses the characteristics of Islamic governance in each period and how these transformations affected the core principles of Islamic rule. The research employs a descriptive-qualitative method with a historical-comparative approach, aiming to analyze the dynamics and transformation of government systems from the Prophet Muhammad's era to the Abbasid Dynasty. The findings reveal that although core Islamic values such as justice, consultation, and adherence to Sharia remained foundational, the exercise of power shifted from collective to monarchical structures. This study concludes that socio-political contexts greatly influenced the form and implementation of governance in Islamic history.
Transformation of Zakat Payroll Based on Sociopreneur In Baznas Gresik Regency Perspective of Maslahah Najah, Ahmadun; Dikuraisyin, Basar
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.v11i1.15337

Abstract

This research describes the harmonisation strategy carried out by BAZNAS Gresik Regency against the controversy over the implementation of zakat payrool. Harmonisation is done through zakat impactum, which makes professional zakat muzakki as mustahik empowerment partners through the concept of sociopreneur. In the legal context, zakat payrool is controversial because it contains unilateral imposition of employee salaries for zakat obligations, but, on the other hand, the imposition is in line with maslahah. This research takes a sample of implementation in BAZNAS Gresik Regency and harmonisation strategy, then the strategy is analysed from maslahah perspective to produce a legal pattern that contains goodness. Therefore, this research is qualitative in nature by taking interview data from amil zakat in BAZNAS and some assisted mustahik as primary data. Analysis is needed to test the interview results through triangulation analysis. The research findings show that the implementation of zakat payrool contains maslahah mulghah which is in line with the demands of zakat obligation, even more maslahah than punishment. The harmonisation strategy to prevent problems is done by making muzakki as auditors and partners in using zakat funds for mustahik businesses. This is in accordance with the maqasid of sharia, namely protecting wealth and developing it.
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.
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.
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.
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.
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.

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