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El-Faqih : Jurnal Pemikiran dan Hukum Islam
Published by Institut Agama Islam Faqih Asy'ari Kediri
ISSN : 24433950     EISSN : 2503314X     DOI : https://doi.org/10.29062/faqih
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process. The journal is published twice a year in April and October. It is now a fully online journal, and it only accepts manuscript submissions written in Indonesia, English, and Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Search results for , issue "Vol. 11 No. 2 (2025): EL FAQIH" : 21 Documents clear
Transformasi Epistimologi Hukum Islam Klasik: Rekostruksi Metodologis Untuk Yurisprudensi Kontemporer Arinalhaq, Muhammad Syauqi; Suadi Saad; Endang Saeful Anwar
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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This study aims to examine the evolution of Islamic law in the classical period, analyze its sources and methods, and review the extent of its influence on contemporary jurisprudence. This research employs a qualitative method with historical, normative, and epistemological approaches. The findings indicate that the development of Islamic law in the classical era emerged from the interaction between sacred texts, rational reasoning, and socio-historical conditions. Various schools of thought that arose at that time demonstrated distinctive characteristics while maintaining adherence to the fundamental principles of law. The study further reveals that the concept of maqāṣid al-sharī‘ah had been employed by classical scholars to formulate laws that remained relevant to the needs of their society. The novelty of this research lies in the epistemological reconstruction of classical Islamic law, which is proposed as a new methodological framework for contemporary jurisprudence. It emphasizes that modern ijtihad does not merely replicate classical legal products but rather integrates maqāṣid principles and interdisciplinary approaches to address the complexities of social, economic, political, and cultural transformations. The theoretical implication of these findings is the need to reposition the epistemology of Islamic law from a purely textual-normative paradigm toward a contextual-adaptive paradigm that is more responsive to contemporary challenges. Thus, this study contributes to the development of modern Islamic law by offering a methodological framework that is critical, dynamic, and relevant to the demands of a global society.
Stagnasi dan Taqlid dalam Sejarah Tasyri’: Analisis Epistemologis atas Kemunduran Ijtihad pada Abad 4–19 H Muhammad Ashif Arifin; Nike Putri Ramadhani; Nurhidayah Lailaturrizky; Umar Al-Faruq
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Tarikh Tasyri’ is a vital concept in Islamic studies, referring to the period of the implementation of Sharia law. This article explores the significance, historical context, philosophical underpinnings, and relevance of Tarikh Tasyri’. The study examines its evolution from the early days of Islam to contemporary times, highlighting its role in shaping Islamic legal frameworks and social structures. The article emphasizes the importance of understanding Tarikh Tasyri’ in addressing modern challenges and upholding Islamic values in a globalized world. Through library research, data from books, journals, and articles are analyzed. The findings demonstrate that Tarikh Tasyri’ is crucial for understanding Islamic law's development and its social impact. The study also reveals that stagnation during the periods of jumud and taqlid not only hindered legal practice but also restricted the development of adaptive ijtihad methodologies. This stagnation obstructed Islamic legal reform well into the modern era. Therefore, a deep understanding of the epistemological effects of jumud is essential for revitalizing contemporary Islamic law and ensuring its relevance in the face of globalization
Dampak Perceraian Terhadap Kondisi Psikologis Keluarga di Kecamatan Muara Dua Kota Lhokseumawe Fadila; Nazaruddin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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This study examines the psychological impact of divorce on family members in Muara Dua District, Lhokseumawe City. Using a qualitative approach, data were collected through in-depth interviews, observations, and documentation involving divorced families in Meunasah Mesjid, Panggoi, and Uteunkot—villages with the highest divorce rates. The findings reveal that divorce generates severe psychological distress across family members. Former spouses experience stress, feelings of failure, and social instability, while children show symptoms of trauma, anxiety, and declining academic performance. Divorce thus emerges not merely as a legal act but as a systemic disruption of family emotional equilibrium. The study underscores the need for preventive interventions such as family counseling, social mediation, and the strengthening of religious and legal institutions to foster family resilience. By integrating psychological and Islamic legal perspectives within the Acehnese socio-cultural context, this research provides a distinctive theoretical contribution to Islamic family law and family psychology. It also offers practical recommendations for the Mahkamah Syar’iyah to develop more contextual and preventive frameworks for addressing the psychological consequences of divorce.
Ḥaḍānah Anak dalam Keluarga Fatherless di Muara Batu (Aceh Utara): Kajian Sosiologis-Yuridis Lizatul Amna
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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This study aims to comprehensively examine the implementation of ḥaḍānah (child custody) in fatherless families in Muara Batu District, North Aceh Regency. The research focuses on identifying the underlying factors of fatherlessness, its psychological impacts on children and mothers, and its relevance to the principles of Islamic family law. The increasing number of children growing up without the presence of a father in the area reflects an imbalance in the post-divorce parental responsibilities, which has significant implications for the emotional and social well-being of children. This study employs a qualitative approach through in-depth interviews, field observations, and documentation with divorced mothers who hold custody rights, religious leaders, and local village officials across several villages in Muara Batu. The findings reveal that fatherlessness is primarily caused by economic constraints, emotional conflicts following divorce, the father’s remarriage, and low legal and religious awareness within the community. These conditions result in the absence of the father’s emotional and moral role model, while mothers experience heavy psychological and economic burdens as single caregivers. From the perspective of Islamic law, the practice of ḥaḍānah in this region has not yet fully reflected the principles of justice and shared responsibility as stipulated in the Compilation of Islamic Law (KHI). This study makes a unique contribution by integrating Islamic legal analysis with socio-psychological perspectives to understand fatherlessness within Aceh’s religious and cultural context. Therefore, the active involvement of religious institutions, legal counselors, and the Mahkamah Syar’iyah is essential to strengthen the implementation of ḥaḍānah that prioritizes the best interests of the child and ensures the father’s continued responsibility after divorce.
Maslahah Mursalah dalam Praktik Yudisial: Studi Kasus Putusan Hakim Pengadilan Agama Sungguminasa 2023-2024 Terkait Harta Bersama Pasca Perceraian Andi Syahru Ramadhan; Kurniati; Asni; Supardin; Rusdi Tahir
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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This study aims to reveal a description of the 2023–2024 joint property division case at the Sungguminasa Religious Court, the basis for the judge's considerations in deciding the case, and the application of the maṣlaḥah mursalah principle in the decision-making process. The approach used is empirical juridical through documentation studies and interviews with judges. This type of research uses qualitative research, which is a data collection that is carried out objectively and analyzes data to improve and test a problem. This research was conducted at the Sungguminasa Religious Court Class I A. The results of the study show that the description of cases in 2023-2024 shows a downward trend compared to previous years. The basis for the judge's considerations considers not only the provisions of Law No. 1 of 1974, the Compilation of Islamic Law, and the Civil Code, but also aspects of the contribution of each party in obtaining property during the marriage. Applying the perspective of maṣlaḥah mursalah, the judge's decision is directed at efforts to protect parties who are more vulnerable economically and socially, to avoid harm, and achieve proportional justice.
Efektifitas Bimbingan Pra Nikah dan Tingkat Perceraian di Kota Lhokseumawe Siti Hanifa
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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This study aims to explore and analyze the effectiveness of premarital counseling at four Religious Affairs Offices (KUA) in Lhokseumawe City, Blang Mangat, Muara Satu, Banda Sakti, and Muara Dua, and its relevance to divorce rates in each area. Although premarital counseling is designed as a preventive effort to equip future spouses with the skills to build harmonious families, divorce rates remain high, raising questions about the program’s substantive effectiveness. Using an empirical legal approach with descriptive qualitative methods, data were collected through interviews, documentation, and marriage-divorce records from 2023–2024. The findings reveal that despite formal compliance with regulations, the program remains ineffective due to limited session time, superficial material, and the absence of continuous evaluation and post-marital guidance. Notably, digital innovations such as the use of online platforms at Muara Dua KUA have not yielded a measurable reduction in divorce rates, highlighting a gap between administrative innovation and substantive behavioral outcomes. The novelty of this research lies in revealing that technological integration alone does not enhance program effectiveness without psychological, communicative, and evaluative reinforcement mechanisms. The study recommends strengthening facilitator training, implementing long-term evaluation systems, and fostering cross-sectoral collaboration to transform premarital counseling from a procedural requirement into a substantive preventive instrument for family resilience.
Analisis Viktimologi terhadap Perlindungan Hukum Korban Penyalahgunaan Data Pribadi dalam Pinjaman Online Jesa Salsa Billa; Lola Yustrisia
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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This research examines the misuse of personal data in online loan services with a case study in East Jambi. This case shows the huge losses experienced by victims, both material in the form of the obligation to pay debts that do not belong to them, as well as immaterial in the form of psychological pressure and threats from collectors. The main problem lies in the weak identity verification system of pinjol organizers and the low public awareness in maintaining personal data security. Legal protection has actually been regulated in the Personal Data Protection Law, ITE Law, and mechanisms from the Financial Services Authority (OJK) through the iDebKu service. However, obstacles still arise due to social stigma and the fear of victims reporting. This research emphasizes the importance of legal protection that includes preventive, repressive, and alternative approaches. In addition, OJK's role through iDebKu is very significant in preventing data misuse, although strengthening regulations, improving KYC compliance, and public education are still needed. The results of the study emphasize that victims must file a complaint for every criminal offense so that justice, certainty, and security of personal data can be guaranteed.
Tradisi Dafek Kakawalmuir dalam Perspektif Hukum Keluarga Islam: Studi Kasus Suku Kur di Maluku Nur Lili Tatroman; M. Amir Mahmud; A. Rudi Maswanto
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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The practice of providing financial aid to siblings, known as Dafek Kakawalmuir, among the Kur ethnic group in Maluku, Indonesia, embodies strong family solidarity and serves as a key social obligation. Employing a qualitative approach, this study examines the tradition through the lens of Islamic family law, focusing on ethical dimensions, financial burdens, and its alignment with Islamic values amid cultural shifts. Data were gathered via semi-structured interviews with five informants from the Maluku community in Banyuwangi. Key findings reveal that the tradition is driven by long-term benefits for descendants, acts of piety, and spiritual rewards, though respondents exhibit limited understanding of its links to Islamic concepts like ‘urf (local custom) and maqāṣid syarī‘ah (objectives of Sharia). The practice transcends gender boundaries, often delaying personal milestones such as marriage. While fostering unity, it risks tensions like economic strain on married supporters. In conclusion, Dafek Kakawalmuir qualifies as a valid ‘urf under Islamic law if it promotes family cohesion without injustice, but Sharia boundaries require education to balance individual rights and collective duties. Policy implications include family dialogue forums and theoretical advancements in integrating local norms with Islamic jurisprudence in Indonesia.
Perlindungan Hukum Tanah Ulayat Terhadap Perjanjian Hak Pakai Atas Tanah di Batipuh Kabupaten Tanah Datar Indri, Anggelina; Irianto, Kartika Dewi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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This study aims to examine the forms of legal protection for tanah ulayat (customary communal land) utilized through hak pakai (right of use) agreements in the Batipuh area, Tanah Datar Regency, West Sumatra. In the context of Minangkabau customary law, tanah ulayat is a collective asset owned by a kaum (clan) or suku (tribe) and cannot be sold. However, in practice, many hak pakai agreements are conducted orally without formal documentation, which poses the risk of legal disputes and weakens the position of indigenous communities. This research employs an empirical juridical method, using sociological and customary law approaches, supported by field data obtained through interviews with the Kerapatan Adat Nagari (KAN), Wali Nagari (village head), and local government officials. The findings reveal that although oral agreements are recognized under customary law as a valid form of consensus, they lack evidentiary strength before the state legal system. The absence of written documentation weakens the legal standing of indigenous communities in cases of breach of contract or violations by land users. The KAN and Wali Nagari function as moral guardians and mediators in disputes but have no formal authority to enforce state law. To strengthen legal protection for tanah ulayat, it is essential to integrate customary law and state law through the legalization of customary agreements in written form, without undermining the principles of consensus and deliberation (musyawarah dan mufakat). Local regulatory reforms and the capacity building of customary institutions are key to ensuring the protection of indigenous peoples’ rights over tanah ulayat now and in the future.
Pengangkatan Anak Tanpa Penetapan Pengadilan: Tinjauan Hukum Positif dan Hukum Islam (Studi Kasus Desa Balun, Banjarnegara) Aulia Putri Febyani; Seno Aris Sasmito
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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parenthood. However, adoption without court approval remains prevalent in society, including in Balun Village, Wanayasa Subdistrict, Banjarnegara Regency. This study examines the practice of non-judicial child adoption in the village and analyzes its implications from positive law and Islamic law perspectives, particularly regarding children's rights. Using a qualitative field research approach with data collection through observation, interviews, and documentation, this study identifies three out of six cases of adoption (2020–2025) conducted without court approval. The findings reveal that adoptions in Balun Village are primarily motivated by familial bonds, verbal agreements, and the desire for offspring or improving child welfare. This practice contradicts Government Regulation No. 54 of 2007, leading to legal uncertainty. From a positive law perspective, it violates legal certainty and child protection principles, as the legal status of adopted children remains unclear. Meanwhile, Islamic law, as outlined in MUI Fatwa No. 9 of 1984, permits adoption provided the child’s lineage is preserved, and their identity is maintained. Empirical evidence shows that the community treats adopted children as biological offspring, even registering the adoptive father’s name in official documents—a practice that risks legal and religious complications. The implications include identity ambiguity, inheritance disputes, and potential loss of children’s rights. This study underscores the urgency of legal compliance and public awareness to ensure adoptions align with positive law and Islamic legal principles.

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