cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhazir
Contact Email
muhazir@iainlangsa.ac.id
Phone
+6281234282053
Journal Mail Official
muhazir@iainlangsa.ac.id
Editorial Address
Jl. Meurandeh Kecamatan Baro Langsa Lama Kota Langsa Provinsi Aceh
Location
Kota langsa,
Aceh
INDONESIA
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
 15   16   17   18   19 
A Juridical Examination of the Criminal Liability of Persons with Physical Disabilities in Sexual Violence Cases in Indonesia Yoga, I Gede K Ananta; Darma, I Made Wirya
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.12580

Abstract

Sexual violence is a serious crime that produces multidimensional impacts, including physical, psychological, and social harm. The complexity increases when offenders are persons with physical disabilities. This article aims to analyze the criminal liability of such offenders through a normative review of court decisions and to propose normative solutions for achieving substantive justice. The research employs a normative legal method using statutory, conceptual, and case approaches, specifically examining Indonesian criminal law, applying the theories of John Rawls, Philipus M. Hadjon, and Roscoe Pound, and analyzing the Ambon District Court Decision No. 236/Pid.Sus/2024 and the Mataram District Court Decision No. 23/Pid.Sus/2025. The findings confirm that physical disability does not negate criminal liability since actus reus and mens rea remain fulfilled. However, disability has not been proportionally considered in sentencing, resulting in merely formal justice. The study recommends normative reform, technical guidelines for law enforcement, and disability-friendly correctional facilities to ensure proportionality, prevent discrimination, and uphold human rights. The research implications suggest that these recommendations can serve as a foundation for policymakers to strengthen legal frameworks, provide practical guidance for law enforcement officers in handling cases involving persons with disabilities, and encourage the development of more inclusive correctional institutions. Moreover, the findings highlight the importance of aligning national practices with international human rights standards, which may inspire further comparative studies and reforms in other jurisdictions.
The Ideal Age of Marriage in Indonesian Family Law: An Integrative Analysis of Islamic and Positive Law Rizhan, Afrinald; Akbarizan , Akbarizan; Zailani, Zailani
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.12581

Abstract

The determination of the ideal age of marriage remains a critical issue in Indonesia, where child marriage persists despite the enactment of Law No. 16 of 2019, which raised the minimum marriage age to nineteen. This article aims to formulate an integrative model that combines procedural safeguards under positive law with the substantive readiness criteria of rusyd in Islamic jurisprudence. The study employs a normative-juridical method with comparative analysis, drawing on primary sources (the Quran, classical fiqh, and statutory law) and secondary empirical data from BPS, UNICEF, and religious court decisions. The comparative framework is structured across three dimensions: (1) legal objectives (maqasid al-shariah and child protection norms), (2) substantive indicators of marital readiness (psychological, financial, and emotional maturity), and (3) procedural instruments (statutory age thresholds and judicial dispensations). The findings reveal that while positive law provides procedural certainty through age limits, its effectiveness is weakened by frequent dispensations that rarely assess readiness. Conversely, Islamic law emphasizes rusyd as a holistic benchmark but lacks enforceable procedural mechanisms. This study proposes a dual-layered model in which statutory age serves as a procedural safeguard, while readiness assessments operationalize rusyd as substantive criteria. The originality of this research lies in the proposal of a readiness assessment instrument for religious courts, designed to standardize judicial discretion in marriage dispensation cases. By integrating doctrinal analysis with socio-legal evidence, the study not only advances family law scholarship but also offers concrete policy implications. In practice, the readiness assessment can serve as a tool for judges to evaluate applicants’ intellectual, emotional, and socio-economic maturity, thereby reducing the incidence of early marriages approved through dispensations. This approach strengthens family resilience, aligns judicial practice with the objectives of maqasid al-shariah, and ensures that legal reforms are translated into measurable improvements in child protection and community well-being.
Towards Substantive Justice: Reforming Islamic Family Law Regarding the Division of Marital Property in Indonesia Nawawi, Muhammad; Ansari, Ansari; Harahap, Arifuddin Muda
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.10905

Abstract

The division of marital property in marriage constitutes a complex issue within Islamic family law in Indonesia. The Compilation of Islamic Law (KHI) stipulates that, in the event of divorce, both former spouses are each entitled to 50% of the marital property. However, the principle of justice is not merely determined by numerical equality but also by considering each party’s contribution and socio-economic circumstances. This study focuses on formulating an ideal legal framework for the regulation of marital property in Indonesia to ensure justice for all parties involved. The primary aim of this research is to propose a legal model for the division of marital property that is more adaptive to social realities and capable of ensuring substantive justice. The study adopts Werner Menski’s triangular concept of legal pluralism, integrating normative, empirical, and philosophical approaches. It employs a qualitative method, combining library research with in-depth interviews with religious court judges. The findings reveal that although the KHI prescribes an equal division of marital property, in practice judges may exercise their ex officio authority to adjust rulings in order to achieve fairness. An ideal regulation should not rely solely on formal equality but must also take into account the actual contributions of each party in acquiring the marital property. A progressive legal approach is necessary for Islamic family law to become more responsive to societal developments and to guarantee substantive justice for the parties concerned.
Taklif and the Fulfillment of the Rights of Persons with Mental and Intellectual Disabilities: An Islamic Legal Perspective Masykur, Fuad; Hikam, Ahmad Bahrul; Amin, Muhammad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.11334

Abstract

It's so important to recognize that people with disabilities are an integral part of our multicultural society. As a Muslim community, they also have rights and obligations like other Muslim communities. However, there is still so much to be done to gain a more comprehensive understanding of taklif studies regarding legal construction for people with disabilities. This research is an exciting step forward in constructing the taklif of persons with disabilities in their capacity as legal subjects. This research uses qualitative literature methods, with the main data being the Koran and legal hadith. Secondary data is obtained through legal commentary books, articles, and others. A normative approach is used in this research to look at the legal aspect of the meaning of legal sources that are directly related to taklif for people with disabilities. This approach was also carried out to find out more about the position of taklîf for people with mental and intellectual disabilities and the influence of mental and intellectual disabilities on Ahliyyah. The findings indicate that individuals with psychosocial and complex mental disorders are not inherently affected by taklîf in terms of taklîf and Ahliyyah. Another form of disabled individual is the mukallaf, who are subject to taklîf obligations based on their skills. With regard to the right to practice religion, people with mental and intellectual disabilities can still complete zakat responsibilities as a guardian pays them. Individuals with mental and intellectual disabilities are prohibited from exploiting their assets, regardless of whether their condition is permanent or temporary. Consequently, they are subject to a guardianship system. With regard to marriage, those with modest mental and intellectual disabilities who have an ahliyah wujub and an ahliyah ada' kamilah are considered to have a lawful marriage status. Conversely, if the disability is moderate or severe and there is a need to marry, the marriage may be performed by a wali mujbir.
Reconstruction of Nusyuz in the Compilation of Islamic Law from the Perspectives of Qira'ah Mubadalah and Rawls’s Theory of Justice Kadarisman, Achmad; Saifullah, Saifullah; Zuhriah, Erfaniah; Rouf, Abd; Hakim, Abdul
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.11356

Abstract

The Compilation of Islamic Law in Indonesia gives the impression of marginalizing wives and does not regulate the possibility of nusyuz committed by husbands. The existing nusyuz norms in Indonesia still reflect gender dominance, which is contrary to the principles of justice and equality increasingly emphasized in modern society. This research seeks to address the legal gap by reconstructing the nusyuz norms in Articles 80, 84, and 149 of the Compilation of Islamic Law, drawing on the concept of Qiraah Mubadalah and John Rawls's theory of justice. This study employs legal research using legislative, historical, conceptual, case, and comparative approaches, with qualitative methods for analyzing legal materials. The findings reveal that the current nusyuz norms in the Compilation of Islamic Law still contain patriarchal bias and fail to fully realize the principle of relational justice. From the perspective of Qiraah Mubadalah, both husbands and wives have the potential to commit nusyuz, thus requiring fair legal treatment. The reconstruction of these norms should affirm the importance of reciprocity (mubadalah) in marital relationships, in which husbands and wives are not positioned hierarchically but as equal partners who fairly fulfill each other’s rights and obligations. Meanwhile, Rawls’s theory of justice suggests that legal norms should be drafted without gender bias, ensuring justice for all parties, particularly those in vulnerable positions. Therefore, the reconstructed nusyuz norms must recognize the mutual rights and obligations of both husband and wife in a fair and equal manner.
Islamic Law and the Constitution: Analyzing the Compatibility of Religion-Based Legislation in Indonesia Iskandar, Hadi; Hasbi, Yusrizal; Idami, Zahratul; Saputra, Ferdy
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.11652

Abstract

This study explores the constitutional compatibility of religion-based legislation in Indonesia, particularly laws influenced by Islamic jurisprudence, within the framework of the 1945 Constitution. As a Muslim-majority nation that embraces both religious values and democratic pluralism, Indonesia faces ongoing tensions between the demands for the formalization of Islamic norms and the constitutional commitment to human rights, legal equality, and religious freedom. The expansion of Sharia-inspired by laws at the regional level and Islamic influences in national statutes underscore the urgency of addressing this legal-religious interplay. While existing scholarship has addressed the sociopolitical and administrative aspects of religion-based lawmaking, there remains a lack of doctrinal analysis focused on constitutional alignment. This study employs a legal research method, which focuses on the analysis of legal norms, statutory regulations, and constitutional principles as textual constructs. This research fills that gap by applying a juridical-doctrinal approach to evaluate whether such legislation adheres to principles enshrined in the Constitution, including legal certainty, non-discrimination, and constitutional supremacy. Through critical analysis of legislation and Constitutional Court decisions, the study demonstrates that while certain religious laws can coexist with Pancasila and constitutional values, many pose substantive challenges to Indonesia’s legal order. The findings contribute to broader debates on legal pluralism, constitutionalism, and the appropriate role of religion in legislation, offering normative guidance for aligning religious norms with democratic constitutional principles.
Whistleblowers as Anti-Fraud in Banking Crimes from a Maslahah Perspective Marpaung, Zaid Alfauza; Syahnan, Mhd; Panjaitan, Budi Sastra
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.12422

Abstract

This research aims to examine the important role of whistleblowers in exposing banking crimes from the perspective of maslahah in Islamic law. The study employs a qualitative-normative approach using a literature review method based on positive legal regulations and scholarly works related to maslahah theory developed by maqasid scholars. The legal sources consist of primary legal materials such as the Corruption Crime Law, the Financial Services Authority, and the Law on the Protection of Witnesses and Victims, as well as secondary legal materials in the form of books, journals, and scientific articles. Since this research is normative, the main focus is on the study of positive legal norms rather than empirical field data. The analysis was conducted qualitatively through categorization and deductive reasoning. The results indicate that whistleblowers play a strategic role in detecting and exposing fraudulent practices due to their direct access to internal information that is not available to the public. The fraud in question includes various forms of legal and ethical violations that occur in the banking sector and may harm customers, financial institutions, and the overall stability of the economy. From the maslahah perspective, the existence of whistleblowers represents an effort to protect the public interest, particularly in maintaining honesty, justice, and property within the muamalah (social transaction) system. The study recommends strengthening legal protection mechanisms for whistleblowers to ensure their security and prevent potential threats, intimidation, or retaliatory actions. Furthermore, the study highlights the importance of establishing a reporting system that is both technically and institutionally secure, while also oriented toward public benefit by promoting civic participation in oversight and strengthening the effectiveness of law enforcement and transparent governance.
The Death Penalty for Terrorism Offenders in Indonesia: A Comparative Study of Criminal and Islamic Law BJ, Abdul Muis; Baharudin, Baharudin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): 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.v12i2.12553

Abstract

This study presents a limited comparative analysis of Indonesian criminal law and Islamic law regarding the death penalty for acts of terrorism. The objective is to critically examine how the death penalty is regulated for individuals convicted of terrorism under both Indonesian criminal law and Islamic law, aiming to identify their similarities, differences, and implications for law enforcement. This normative legal research employs a comparative approach by analyzing legal texts, sources of fiqh and judicial interpretations, scholarly journals, and statutory laws related to the application of the death penalty. The findings reveal that, under Indonesian criminal law, the imposition of the death penalty for terrorism is governed by Law No. 5 of 2018 on the Eradication of Criminal Acts of Terrorism. In Islamic jurisprudence, terrorism is not explicitly discussed in traditional fiqh texts; however, it is often analogized to the concept of jarimah hirabah due to their similar characteristics. This analogy provides the legal and moral basis for imposing the death penalty on individuals convicted of terrorism. Both Islamic criminal law and Indonesia’s secular legal system categorize terrorism as an extraordinary crime that poses a serious threat to human safety, thereby justifying the potential use of the death penalty. Nevertheless, the two systems differ in their definitions of the crime’s legal elements. Islamic criminal law does not require that the consequences of the act be widespread, nor does it emphasize the perpetrator’s motive. In contrast, Indonesian criminal law stipulates that terrorism must involve widespread consequences to qualify under the statute. In addressing terrorism, the Indonesian government must carefully balance preventive measures with law enforcement actions. The death penalty should be regarded as a measure of last resort, applied with the utmost caution to ensure full compliance with human rights principles.
Criticizing the Verdict of 916/Pdt.P/2022/PN.Sby Surabaya District Court Against Interfaith Marriage from the Perspective of Marriage Law in Indonesia Fernanda, Ahmad; Azwar, Zainal; Ismail, Dailani
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.v10i2.6150

Abstract

This article is based on a critical review of the verdict of 916/Pdt.P/2022/PN.Sby, which recognizes the validity of interfaith marriages in Indonesia. This decision is different from the provisions of the marriage law in force in Indonesia. Indonesia has regulated that marriages can be carried out according to their respective religions. This article aims to critically analyze the verdict of 916/Pdt.P/2022/PN.Sby. This research is a normative juridical study with a case approach. The main data sources are obtained from court decisions and marriage laws. This article also uses several important articles and research resulting from empirical studies. Based on the data findings and analysis that have been carried out, this paper argues that: Firstly, interfaith marriages are prohibited in Islamic law because they contain more harm than good; this prohibition merely closes the opportunity for bad impacts to occur after the marriage; and second, the decision issued by the Surabaya District Court Judge was inappropriate because it conflicted with positive law and Islamic law. Legally, the judge may refuse to grant permission based on Article 2 paragraph (1) of the Law on Marriage and the Compilation of Islamic Law (KHI). In this decision, the judge has a different interpretation of the marriage regulations that apply in Indonesia.
Provisions Before Marriage to Make Indonesian Urban Muslim Families More Resilient: A al-Maslahah al-Mursalah Perspective Jalili, Ahmad; Saleh, Ahmad Syukri; Ramlah
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.v10i2.6675

Abstract

The implementation of premarital provision has been regulated in Director General of Islamic Community Guidance Regulation No. DJ.II/542 of 2013. This study discusses the effectiveness of premarital provision as a family resilience effort based on the concept of al-maṣlaḥah al-mursalah, especially at the KUA of the Kepulauan Riau Province. This study uses qualitative research methods in the form of field research. The approach used is empirical and juridical. The sources of data in this study are divided into two categories, namely primary and secondary. The data collection techniques used are observation, interview, and documentation. The results of this study show that the premarital training that took place at the KUA in the Kepulauan Riau Province has not been effective as an effort for family resilience. Based on al-maṣlaḥah al-mursalah, premarital provision is included in al-maṣlaḥah al-hajiyyah because it is not part of the pillars and conditions of marriage. Premarital training is actually very effective as an effort to maintain family resilience, because with premarital training, it makes perfection for the prospective bride and groom, namely to gain knowledge about marriage for the sake of creating a family sakinah, mawaddah, and warahmah.

Page 17 of 22 | Total Record : 215

 15   16   17   18   19 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 12 No 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan (In Progress) Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 1 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 2 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 9 No 1 (2022): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 8 No 2 (2021): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 8 No 1 (2021): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 7 No 2 (2020): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 7 No 1 (2020): Al-Qadhâ: Jurnal Hukum Islam dan Perundang-Undangan Vol 6 No 2 (2019): AL-QADHA : Jurnal Hukum Islam dan Perundang-Undangan Vol 6 No 2 (2019): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 6 No 1 (2019): AL-QADHA : Jurnal Hukum Islam dan Perundang-Undangan Vol 6 No 1 (2019): Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 5 No 2 (2018): AL-QADHÃ Jurnal Hukum Islam Dan Perundang-Undangan Vol 5 No 2 (2018): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Vol 5 No 1 (2018): JURNAL HUKUM ISLAM DAN PERUNDANG-UNDANGAN Vol 5 No 1 (2018): Al-QADHA: Jurnal Hukum Islam dan Perundang-Undangan Vol 4 No 2 (2017): Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 4 No 1 (2017): Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan More Issue