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Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 23561637     EISSN : 25810103     DOI : 10.32505/10.32505/qadha.
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; Jurisprudence of Islamic Family Law and Civil Law issues of legal dispute resolution
Arjuna Subject : Ilmu Sosial - Hukum
Articles 215 Documents
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Islam, State, and Local Wisdom: An Examination of Widowhood Inheritance Law in Indonesia Hidayat, Muhammad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9518

Abstract

This article highlights the urgency of applying the common property distribution approach prior to the distribution of inheritance in the Indonesian context, which is influenced by local wisdom practices. This research aims to emphasize the rights of wives as widows over joint property through the application of the Compilation of Islamic Law (KHI), so that widows can obtain a fairer share before the distribution of their inheritance rights in accordance with the principles of fiqh. The method used in this research is a normative-juridical approach, with document analysis of legal regulations and their application in the context of local wisdom in Indonesia. The findings show that the distribution of joint property, before the distribution of inheritance, is very important to protect the rights of women who are often marginalized in a society that prioritizes the tradition of male lineage. The affirmation of giving half of the joint property to the widow at the beginning of the distribution before the widow receives her inheritance rights can be equated with shirkah that in the context of marriage the wife also contributes to the collection of property. The discussion in this study emphasizes that the integration of fiqh principles and KHI provisions in the distribution of inheritance, by first recognizing the widow's right to joint property, then the widow receives her inheritance rights after the joint property is distributed, this form of model not only ensures that the widow receives a fair share, but also strengthens the position of women in inheritance issues for the welfare of her family.
Compensation to Ex-Wives for Domestic Violence in Indonesia Asmuni, Asmuni
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9537

Abstract

This paper examines divorce lawsuits caused by domestic violence committed by husbands against wives, focusing on the rights of women as victims. In such cases, wives can file for divorce and demand compensation for the physical and psychological harm they have suffered. The study employs a qualitative approach with an analytical descriptive method, using the library method to gather and analyze both primary and secondary literature, including legal documents, laws, scientific articles, and case reports. The research aims to identify patterns, challenges, and solutions related to legal protection for victims of domestic violence in divorce proceedings. The findings reveal that while there are legal provisions for compensation, significant challenges remain, such as social stigma, economic dependence, and limited access to legal resources, which complicate women's ability to claim their rights. Additionally, societal attitudes and gaps in law enforcement further hinder the realization of justice for victims. The study concludes that public awareness campaigns and stronger advocacy are essential to empowering women and ensuring their rights are protected throughout the divorce process. It also emphasizes the need for stricter law enforcement to hold perpetrators accountable and provide justice for victims. This research contributes to improving legal and social frameworks for the protection of women facing domestic violence.
Challenges of Parenting in the Digital Era: A Review from the Perspective of Islamic Family Law Bukhari, Bukhari; Bastiar, Bastiar; Anwar, Anwar
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9549

Abstract

This study examines the challenges of child-rearing within Muslim families in the digital era, focusing specifically on the perspective of Islamic family law. The research addresses Muslim parents' complex issues in adapting Islamic family law principles to parenting practices compatible with digital realities. The study aims to identify significant challenges encountered in digital parenting and to propose relevant legal recommendations to support Muslim families. Using a qualitative approach with data collection techniques such as in-depth interviews, observations, and focus group discussions, the study involved 30 Muslim families, Islamic scholars, and legal experts. The findings reveal that critical challenges include difficulties in the digital supervision of children, low digital literacy among parents, and value conflicts between Islam and digital culture. The study highlights the need for supportive legal adaptations that preserve Islamic character education within the digital context, helping safeguard children's ethics and morals. Effective strategies include balanced surveillance technology aligning with Islamic values and implementing digital use guidelines. The study's implications emphasize the importance of collaboration among legal experts, policymakers, and stakeholders to establish a responsive legal framework addressing digital challenges and supporting Muslim families in integrating child-rearing with religious teachings.
Modernization of Religious Courts: An Analysis of the Effectiveness of Mediation Through E-Court in Resolving Divorce Cases in Padang Firdaus, Firdaus; Harahap, Titi Martini; Sasralina, Rika; Syamsurizal; Zhuliansyah, Teddy Rahmat
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9650

Abstract

This study is important to understand the effectiveness of e-Court in handling divorce cases involving mediation, especially in the Class 1A Religious Court of Padang. Although e-Court has improved administrative efficiency and access, there are gaps in the effectiveness of online mediation, especially in cases involving emotional conflict or domestic violence. These limitations indicate the need for a more in-depth approach to addressing the emotional dimension in the e-Court process as well as improving technical support and staff competence. The object of this study is e-Court as a means of divorce proceedings, with a focus on analyzing the effectiveness of the legal process in cases requiring mediation. This study uses a qualitative descriptive method through in-depth interviews and observations. Primary data were obtained from key informants such as judges, e-Court employees, advocates, and the community, while secondary data were taken from related literature. The findings show that e-Court is effective in terms of ease of access, process efficiency, decision quality, and user satisfaction. Although technological infrastructure supports accessibility, improvements in internet access are still needed. E-Court reduces case handling time, but physical interaction is still needed. User satisfaction is high, although there are complaints about the system sometimes experiencing errors, as well as the need for further training for employees to improve competence.
Islamic Family Law Reform in Indonesia: A Review of the Supreme Court's Decision on the Postponement of the Distribution of Joint Property Ritonga, Bakti; Mukhlas, Oyo Sunaryo; Nurrohman; Burhanuddin; Ridwan, Ahmad Hasan
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9667

Abstract

The settlement of joint property between husband and wife after divorce often ends up in the Religious Court, even reaching the level of cassation and judicial review (PK), such as in the Supreme Court Decision Number Register 159/K/AG/2018. In this case, especially related to disputes over joint property in marriages with minor children, the Supreme Court not only refers to the normative law contained in the law, but also considers a sense of justice and benefit. This research uses a qualitative descriptive method with an empirical juridical approach. This approach is referred to as empirical legal research because it focuses on analyzing the implementation of normative legal provisions directly (in action) in certain legal events in society. Primary data was obtained from Supreme Court decision No 159 K/Ag/2018, No 618/Pdt.G/2012/PA.Bkt, No 38/Pdt.G/2013/PTA.Pdg, No 88K/Ag/2015, No 159/K/AG/2018, No 99/Pdt.G/2023/MS, as well as laws related to the research being discussed. Secondary data is obtained from books, scientific articles and previous research results related to joint property and those that have the same discussion. Data collection techniques using literature study and qualitative data analysis are used to explore certain phenomena and find out the causes. The results showed that the Supreme Court judge in deciding this case used the method of legal discovery through legal interpretation, especially systematic interpretation and sociological interpretation. In the case, the judge postponed the division of joint property until the children of the disputing parties reached the age of mumayyiz, thus showing attention to aspects of substantive justice. Systematic and sociological legal interpretations by judges show that in resolving post-divorce joint property disputes, especially those involving minors, judges must consider the social realities that live in society to actualize justice. This emphasizes the role of judges not only as law enforcers, but also as guardians of the public good. This research concludes that legal discovery by judges through interpretation based on systematic and sociological approaches can realize concrete justice in society, especially in divorce cases involving children.
The Reunion as a Catalyst for Divorce: A Case Study of the Padang Religious Court, Indonesia Halim, Syaflin; Asmaret, Desi; Mursal, Mursal; Daharis, Ade; Hebondri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9752

Abstract

The occurrence of reunions has been recognized as a contributing reason to the increasing divorce rates in Padang City, with evidence of infidelity frequently associated with these gatherings. This paper examines the research gap about the function of reunions in divorce proceedings within the Religious Court jurisdiction of Padang City. The main aim is to investigate the impact of Islamic legal principles on divorce cases prompted by considerations connected to reunion. The study use a descriptive qualitative methodology to collect empirical data from real-world examples for comprehensive examination. This research distinctly emphasizes the convergence of social activities, such reunions, with legal and theological contexts, providing innovative insights into their role in marital strife. The results suggest that reunions may serve as a catalyst for marital breakdown, especially when preexisting relational difficulties are present. Court proceedings frequently exhibit elevated emotional tension, with judges and legal practitioners crucially responsible for upholding civility. Mediation efforts are often impeded by mistrust arising from reunion situations. Nonetheless, the application of Islamic law principles, including the prevention of harm and the promotion of justice, provides fair resolutions for both parties while striving to uphold the sanctity of marriage when possible. This research enhances the debate by recognizing reunions as a distinct and consequential social catalyst in divorce cases and suggesting Islamic legal strategies to alleviate their effects. These findings offer a novel viewpoint for policymakers and legal professionals to tackle rising issues in family law.
Maqashid Sharia as the Foundation of Religious Moderation and Resilience in Aceh's Border Communities Syamsuar, Syamsuar; Hanif, Hanif; Al-Fairusy, Muhajir; Ikhwan, M.; Putri, Nur Kemala; Alfiansyah, Alfiansyah
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.9852

Abstract

The implementation of Islamic law in Aceh over the past two decades has not only reflected the enforcement of Sharia but also illustrated the cultural and political dynamics of Acehnese society. As a region rich in customary law traditions and social pluralism, the response of Acehnese communities, particularly in multicultural border areas, to violations of Islamic law and its existence varies widely. Islamic law in Aceh is often interpreted through the lens of political identity and local culture, while the maqashid sharia values, such as the protection of life, property, and security have yet to be fully integrated into daily practices. This study employs an anthropological approach with qualitative methods. Data collection was conducted through participatory observation, in-depth interviews, and narrative analysis of the experiences and perspectives of local communities. The study focuses on how communities construct, understand, and respond to Sharia as part of their social lives. The findings reveal that border communities in Aceh perceive Islamic law not only as a religious rule but also as a political identity symbol to reinforce their social standing, including in rejecting the construction of non-Muslim places of worship. However, the study also highlights a gap in understanding and applying maqashid sharia, attributed to limited socialization and cross-cultural dialogue. Nevertheless, Islamic law remains respected as a crucial element of the social structure, although its interpretation is often situational and contextual.
Islamic Inheritance Law Reform in Indonesia from the Perspective of Islamic Legal Politics: Strategies and Implications Firmansyah, Heri; Nas, Zulkifli
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.10267

Abstract

This research aims to analyze the reform of Islamic inheritance law in Indonesia, with a particular focus on government policies supporting this reform. The study examines legal doctrines in the Compilation of Islamic Law, jurisprudence, Supreme Court guidance letters for religious courts, and fatwas from the Indonesian Ulema Council. Employing a historical and Islamic legal political (fiqh siyasah) approach, it explores the background and dynamics of these reforms. The reform process involves updating legal concepts, norms, and techniques, driven primarily by the executive and judiciary, while legislative bodies are constrained by their inability to pass laws. Non-governmental institutions, particularly the Indonesian Ulema Council, also play a pivotal role. Scientifically grounded methods, such as ijtihad intiqa'i tarjihi and ibda'i insha'i, serve as the foundation for these reforms. The government’s strategies within the Islamic legal-political framework (fiqh siyasah) are (1) developing Islamic inheritance law in line with societal practices, (2) codifying it into legislative products, (3) compiling it into unified legal texts, (4) enacting legal products such as presidential instructions, fatwas, and jurisprudence, (5) involving scholars, officials, and judges in shaping reforms, (6) creating regulations for non-litigious inheritance distribution based on Islamic law, and (7) engaging the community in inheritance practices. This research’s novelty lies in its comprehensive analysis of both governmental and non-governmental roles in reforming Islamic inheritance law through integrative legal-political strategies. Additionally, it highlights the innovative application of ijtihad intiqa'i tarjihi and ibda'i insha'i, contributing to the modernization and contextualization of Islamic inheritance law in Indonesia. The contribution of this research is its exploration of the interplay between legal reform and societal practices, providing a new understanding of the mechanisms that shape Islamic law in contemporary Indonesia. Furthermore, it offers valuable insights into the role of both religious scholars and government authorities in the legal reform process, offering a model for integrating Islamic law with modern legal systems.
The Integration of Pancasila and Islamic Law in Indonesia: Community Practices in Aceh and West Sumatra Hamdi, Syaibatul; Andhika, M. Rezki; Rahimi, Rahimi; Ikhwan, M
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.6874

Abstract

This study examines the relationship between Pancasila, Indonesia's foundational ideology, and Islamic Law, focusing on its implementation in Aceh and West Sumatra. Specifically, the research explores how communities perceive, interpret, and integrate Pancasila within the framework of Islamic Law in both legal practices and policy implementation. Employing a qualitative research methodology, data were collected through in-depth interviews with 10 informants, including religious scholars, government officials, and community leaders, as well as observations and document analysis. The data were analyzed using thematic analysis to identify key patterns and challenges in the integration process. The findings reveal that while the implementation of Islamic Law in Aceh follows a formalized legal framework with Sharia-based regulations, in West Sumatra, Islamic values are embedded within customary law under the principle of Adat Basandi Syarak, Syarak Basandi Kitabullah. Despite differences in implementation, both regions demonstrate that Pancasila and Islamic Law are perceived as complementary rather than contradictory. However, challenges remain, including tensions in law enforcement, concerns about human rights, and the need for policy adjustments to balance religious aspirations with national integration. This study contributes to the discourse on legal pluralism in Indonesia by providing empirical insights into how Islamic Law operates within the Pancasila framework, offering a nuanced perspective on the dynamics between religion, state ideology, and governance in a pluralistic society.
The Tradition of Nyadokaken Pengantin in Osing Tribe Marriages in Indonesia: An 'Urf Perspective Ansori, Moh. Khoirur Rizqi; Dahlan, Moh; Ishaq, Ishaq
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan (In Progress)
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.10817

Abstract

This study examines the Nyadokaken pengantin tradition in the marriage of the Osing tribe in Kemiren Village, Banyuwangi, emphasizing its origins, execution, and legal standing under Islamic law. This research utilizes a qualitative methodology, encompassing participant observation, in-depth interviews, and recording while adopting a normative framework that integrates Pierre Bourdieu’s habitus theory as an analytical instrument. Research suggests that Nyadokaken began as a method for conflict settlement aimed at preserving familial unity. It possesses considerable societal significance, as families that renounce it encounter stigma and less social acknowledgment. From a fiqh standpoint, the tradition is classified as ‘urf shahih, as it conforms to Al-‘Adah Muhakkamah, meeting the standards of recognized customary practice in Islamic jurisprudence. This study enhances Islamic family law by examining how ‘urf shahih might incorporate local traditions into modern Islamic legal frameworks. Utilizing a sociocultural approach reconciles normative Islamic law with actual practices, providing insights into the adaptive characteristics of Islamic legal principles in Indonesia,

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