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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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Nusyuz and Domestic Violence in Indonesia: Reinterpreting Punishment Using the Ma'nâ al-Haml Method Harwis, Harwis; Djalal, Marini Abdul
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.v10i2.6698

Abstract

Tafsir and classical jurisprudence provide three stages of solutions for a nusyûz wife. Stages of advising, separating beds, and hitting. This interpretation of nusyûz and the solution to hitting is not appropriate to the current context, so it is necessary to expand the meaning with a ma'nâ al-haml approach. Ma'nâ al-haml is used by bringing the meaning of a pronunciation to a more relevant meaning in terms of conditions, time, and space. This research uses a qualitative approach in analyzing, explaining, describing, and revealing research results. Research conducted in libraries is the method utilized to gather data. This study looks at how nusyûz solutions are interpreted in traditional tafsir and fiqh literature. It then reinterprets them using the ma'nâ al-haml approach by considering the views of modern ulama.These interpretations are then analyzed for their relevance to the laws in force in Indonesia as conditions, space, and time for understanding the pronunciation of the text using the ma'nâ al-haml approach. This research concludes that nusyûz is not caused by the wife's disobedience but rather by her bad morals or the bad morals of her partner. Nusyuz can not only occur from the wife's side but can also occur from the husband's side. Therefore, with the ma'nâ al-haml approach, you need to introspect yourself when dealing with nusyûz issues before giving signals to your partner. The solution to a nusyûz partner is not by hitting them but by discussing and negotiating to find the best solution.
Decriminalisation Against Women Who Perform Illegal Abortions From the Islamic law Perspective Ramadhita, Ramadhita; Hamidah, Tutik; Arfan, Abbas; Badruzzaman, Badruzzaman
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.v10i2.6867

Abstract

Illegal abortion remains a problem in many countries, medically, ethically and legally. Although it restricts the practice of abortion, Islamic law does not question its legality. This study aims to analyse the criminalisation of abortion in Islamic criminal law after 120 days of pregnancy. This article is a normative legal research with a conceptual approach. The results of this study indicate that Islamic law gives full respect to the right to life of a person, including the right to life of the foetus. However, Islamic legal scholars differ on the priorities in safeguarding the lives of pregnant women and foetuses. Islamic legal scholars differ on the criminalisation of abortion. For abortions performed under 120 days of age, the perpetrator is not subject to criminal sanctions. Abortion above 120 days is prohibited except where there are compelling medical, ethical and legal reasons to do so. In cases of rape that result in pregnancy, women have the full right to abortion at any gestational age. Nevertheless, women are still subject to sanctions in the form of kaffarat and diyat al-ghurrah. This aims to prevent people from easily performing abortions.
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.
Protection of the Rights of Adultery Children in Indonesia: A Perspective of Positive and Islamic Law Iffah Fathiah; Sofyan Mei Utama; Diana Farid; Husni Abdulah Pakarti, Muhammad; Al Kautsar Mabruri, Kemal; Hendriana, Hendriana
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.v10i2.7068

Abstract

The phenomenon of parents abandoning their children due to adultery is quite common these days. In the marriage legal system in Indonesia, children born outside a legal marriage cannot be recognized as legitimate children, so their civil aspects follow those of their mother. Children resulting from adultery lose some of their rights as children of a father, and this has the potential to disrupt their future. This research aims to analyze the rights of children resulting from adultery and whether there are solutions that can be taken so that children resulting from adultery still receive their rights even without a cross-breed relationship with their biological father. The research method used is a library research with a sociological-legal approach. Data sources were obtained from the law and several important articles related to this research problem. Apart from that, this article also uses the results of empirical research to strengthen the arguments in this research. Based on the research results, it was found that, from various studies, there is often a neglect of children's rights as a result of adulterous relationships. Men tend to leave their partners, and in the end, women often become single parents to meet the child's needs. Legally, the state can punish the adulterer (biological father) for being responsible for the needs of the child resulting from his adultery.
Implications of Postponing the Distribution of Inheritance from an Islamic Legal Perspective Tanjung, Aminah; Mariadi, Mariadi
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.v10i2.7200

Abstract

Conflicts between heirs and a reduction in the rights or shares that must be received as a result of some assets being controlled by one party generally result from delays in the community's inheritance distribution. To avoid this, it is crucial to comprehend and be aware of how inheritance is distributed in society from the standpoint of Islamic law. Qualitative research using a normative juridical perspective is the methodology employed. The distribution of inherited assets should not be delayed because the negative impact is greater than the positive impact felt by the community, so it is better for the community to immediately distribute the inherited assets after the heir dies and the costs of arranging the body, paying wills, and paying debts have been completed. The Compilation of Islamic Law (KHI) also specifies what needs to happen when heirs inherit money, as stated in Article 187, and what needs to happen when one family decides not to share the money, as stated in Article 188.
The Legitimacy of Marrying a Pregnant Woman from the Perspectives of Islamic Scholars and Legislation in Indonesia Hanapi, Agustin; Amri, Aulil; Asra, Yusri
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.v10i2.7328

Abstract

Shotgun marriage is a serious issue that has recently become increasingly common in society. Some men who impregnate women take responsibility and are willing to marry them, while others run away and shirk their responsibility. While some men are willing to marry women who are already pregnant, the perception still exists in some parts of society that those couples must remarry after the children are born and that the children cannot be traced back to the fathers who acknowledge it. This present study aims to answer the following question: what is the legitimacy of marrying a pregnant woman according to Islamic scholars and Indonesian law in the maslahah method? The results of the study reveal that according to Abu Hanifah and his student Muhammad, it is permissible to marry a pregnant woman if the one who marries her is the man who impregnated her. However, the marriage of a pregnant woman to a man who did not impregnate her is still a matter of debate. According to Abu Hanifah and Muhammad, it is permissible, but the man should not have intercourse with her until the child is born. According to Abu Yusuf and Zafar, it is not permissible to marry a woman who is pregnant as a result of zina (fornication) with another man because it is likened to pregnancy without zina. Imam Malik does not allow the marriage of a pregnant woman because of zina and considers such a marriage to be invalid, and the woman must undergo the iddah (waiting) period. Imam Shafi'i, on the other hand, considers shotgun marriage to be valid, regardless of whether the man who marries her is the one who impregnated her or not, and it is permissible for him to have intercourse with her even though she is pregnant because the presence of the fetus does not invalidate the marriage contract. According to the Hanbali scholars, marrying a pregnant woman is not valid unless two things have been done: she has repented and she has waited out the iddah period. Article 53 of the KHI (Kompilasi Hukum Islam/The Compilation of Islamic Law) states that a woman who is pregnant outside of marriage can be married to the man who impregnated her, and the marriage can be solemnized without waiting for the child to be born. However, the KHI should also add a phrase about a man who marries a pregnant woman who is not the one who impregnated her. This permissibility does not mean condoning zina but rather accommodating the interests of Indonesian society, which is in line with the opinion of Imam Shafi'i.
Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
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.v10i2.7352

Abstract

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.
The Methodology of Fatwa Issuance and the Impact of the School of Thought (Madhhab) on Fatwas by the North Sumatra MUI Rahmadi, Fuji; Firmansyah, Heri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (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.v11i1.8492

Abstract

Shafi'i madhhab followers constitute a majority among Muslims in North Sumatra. This article aims to explore the fatwa methodology and the impact of madhhab influences on decisions issued by the North Sumatra MUI. The research seeks to identify which Sunni schools of thought guide the MUI's fatwa decisions. This paper addresses two main issues: the methodology employed by the North Sumatra MUI in issuing fatwas, and the influence of madhhab thinking on fatwas, particularly those related to prayers issued between 2000 and 2010. To analyze the fatwa methodology of the North Sumatra MUI, this article employs three theories of legal interpretation: bayāni, ta'līlī and istislāhī. The approach taken in this paper invoããlves content analysis, specifically examining fatwa texts to address the research focus. This study centers on referencing Madhhab perspectives found in the official fatwa decisions of the North Sumatra MUI. This study is crucial to assess the extent of Madhhab influence on issued fatwas, particularly within the regional context at the provincial level. Methodologically, the study found that the North Sumatra MUI employs three approaches in its fatwa process: bayāni, ta'līlī and istislāhī. Regarding the influence of Madhhab thinking, the study discovered that the North Sumatra MUI referenced the viewpoints of the four Madhhabs' imams in the three fatwas analyzed. Based on this research, it is evident that the fatwas draw from not only the Shafi'i school but also from the other three schools. Among the fatwas analyzed, the Hanafi school predominates, appearing in all three cases, with the Shafi'i school appearing twice, and the Maliki and Hanbali schools each appearing once.
Critiques Towards Family Law in Egypt Through the Work of Nawal El Saadawi Permana, Dede; Naffati, Abdel Kader; Jambunanda, Ahmad Jamaludin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (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.v11i1.8530

Abstract

The history of family law reform in Islamic World can't be separated from contributions of the thoughts of the Islamic scholars from time to time. One of them is Nawal el Saadawi's contribution through her criticism of family law in Egypt. This article aims to discuss some of Nawal's criticisms based on two questions. First, what is Nawal el Saadawi's criticism of family law in Egypt? Second, what solution does Nawal offer to realize a family law that - she calls - is just? By answering both of the questions, it is hoped that this study will provide inspiration for academics and legal practitioners in their efforts to find a gender-just family law format. The method used in this research is qualitative with library research, namely by examining library sources that are relevant to the research theme. The results of this research are, first, material in Egyptian family law relating to divorce procedures, polygamy, bait at tho'ah, living and hadhanah, which Nawal considers is still discriminatory towards women. This discrimination occurs because the state ignores patriarchal culture in society. Second, in Nawal's view, efforts to realize just family law must be started from strengthening the principle of freedom of thought among Islamic scholars and legal practitioners.
Seeking Justice: Criticizing the Decision of the Tapak Tuan District Court Number 37/Pid.Sus/2020/PN. Ttn Regarding Domestic Violence Lubis, Andi Hakim; Sitompul, Ariman; Pinem , Serimin; Zulyadi , Rizkan; Siagian, Fahrizal
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (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.v11i1.8591

Abstract

The research aimed to analyze the alignment between the judge's decision in cases of domestic violence against children and the provisions of Law Number 23 of 2004 on the Elimination of Domestic Violence and Qonun Number 9 of 2019 on the Implementation of Handling Violence Against Women and Children. The study also considered moral considerations and the overall benefits. The research methodology employs a case law study, which involves examining court decisions to get insight into the application of the law in specific circumstances. Specifically, the study focuses on the Decision of the Tapak Tuan District Court Judge Number 37/Pid.Sus/2020/PN. Case law is utilized to examine court rulings to comprehend how the law is implemented in specific instances. The library research method is employed in conjunction with a sociological juridical perspective. The data for the research is sourced from the Law and various pertinent articles addressing the research difficulties. Furthermore, to bolster the ideas of the study, the paper also incorporates the findings of several empirical studies. According to the findings, it appears that the judge primarily focuses on formal factors and gives little weight to material considerations in their decision-making process. This aligns with the viewpoint expressed by Member Judge II and the concurring opinion within the panel of judges. However, the author acknowledges and values the decision made by the panel of judges. The author recognizes the challenging nature of the judges' task, as they must not only consider the legal interests involved in the case, but also consider the community's sense of justice in order to achieve legal certainty.

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