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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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An Examination of the Age Restriction of First-Time Voters in Indonesia's Elections From Maqashid Sharia Perspective Faza, Amrar Mahfuzh; Putra, Dedisyah; Mafaid, Ahmad; Rizki, Juni Wati Sri
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.v11i2.9286

Abstract

The age restrictions for first-time voters and the age requirements for electoral candidates in Indonesia have become topics of discussion and debate. One such debate revolves around the Constitutional Court's (MK) Decision Number 90/PUU-XXI/2023, which allows individuals under 40 years of age to run for president (capres) or vice president (cawapres), as long as they have experience as a regional head. The Supreme Court has also ruled on the minimum age for governor and deputy governor candidates, setting it at 30 years old, as outlined in Decision Number 23 P/HUM/2024. This study aims to analyze the shift in the paradigm regarding age restrictions for first-time voters in the context of Maqashid Syariah. The research employs a normative legal method with a statute approach to examine the paradigm shift in the regulation of age restrictions for voting rights and explores the implications of this shift on electoral justice and the integrity of political leaders, analyzed through the Maqashid Syariah approach. The findings of this study conclude that age restrictions on voting rights need to be relaxed, as age is no longer a determinant of a citizen's maturity in thinking. In Islam, politics is intended to bring about public benefit in line with the objectives of shariah, as the principle states that the actions of a leader towards their people must be based on the common good. The age restrictions need to be re-evaluated, considering the principle that the original legal status of something is its nonexistence, meaning that the original legal basis for age restrictions on voting and candidacy does not exist. Another principle suggests that legal rulings (fatwas) can change due to changes in time, place, conditions, and objectives (intent). Therefore, it is necessary to re-evaluate the paradigm shift in the regulation of age restrictions for first-time voters to ensure fair elections and local elections for both candidates and voters.
Islam, Adat, and State: Examining the Phenomenon of Child Custody After Divorce in Padang Lawas Regency Hasibuan, Putra Halomoan; Harahap, Sumper Mulia; Mustafid, Mustafid
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.v11i2.9293

Abstract

This research is motivated by the phenomenon of childcare by fathers after divorce in Padang Lawas County. This phenomenon raises the interest of researchers to further examine child custody by fathers after divorce. The research method used is field research with a qualitative approach. Researchers collected primary data through interviews with traditional leaders and fathers caring for their children after divorce. The data obtained was then analyzed using descriptive analysis techniques, which involved collecting data through interviews and documentation and systematic data processing to describe and interpret existing phenomena. The results show that although customs in Padang Lawas County give custody to the father, it is essential to consider the provisions of the compilation of Islamic law and the broader principles of Islamic law. Child custody should focus on the best interests of the child, ensuring their physical, emotional, and mental development. Both parents have equal rights unless there are compelling reasons to the contrary, and they must work together to maintain the child's stability. Children have the right to adequate education and healthcare, as well as to maintain a good relationship with both parents, even if only one has primary custody.
An Examination of Substitute Heirs in Islamic Civil Law in Indonesia: An Interpretative Analysis of Legal Verses Suarni, Suarni; Syukrinur, Syukrinur
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.v11i2.9396

Abstract

In Islamic inheritance law, inheritance occurs because of the relationship between sababiyah and nasabiyah. From these two relationships, the dzawil faraid', 'Asabah and dzawil Arham groups were born. Dzawil Arham is a group that is often overlooked in inheritance, because there are no absolute provisions, especially for grandchildren whose parents died before their grandfather or successor heir. Even though there is inheritance law to realize justice and benefit in the family. Thus, in this study we will examine in more depth related to replacement heirs from the perspective of the Al-Qur'an, with the aim of realizing replacement heirs in the Al-Qur'an. The method used by liberal research is an analytical descriptive approach. The results of this study are that basically in Islamic inheritance law the term substitute heir is not found in the Koran as a source of Islamic law. However, Hazairin through his ijtihad interpreted the lafaz mawali in the Qur'an 4:7 as a substitute heir. This meaning was then formulated in KHI article 185 paragraphs 1 and 2. As a contribution to this study, realizing justice and benefit is a necessity. Grandchildren as substitute heirs for their parents should be a provision in Islamic inheritance.
The Role of Qawā'id Fiqhiyyah in Strengthening Waqf Law: A Review of Challenges and Solutions in Indonesia Jalili, Ismail; Firdaus, Muhammad; Fahm, AbdulGafar Olawale
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.v11i2.9424

Abstract

The article addresses the various challenges that waqf (Islamic endowment) law faces in Indonesia. It specifically investigates how the application of Qawā'id Fiqhiyyah (principles of Islamic jurisprudence) can enhance waqf law considering obstacles such as public ignorance about waqf, inadequate legal frameworks, and the necessity for effective management strategies to improve the productivity of waqf assets. The aim of this research is to analyze how Qawā'id Fiqhiyyah can provide foundational support to enhance Waqf law, proposing viable solutions to existing issues. The novelty of this research lies in its integrative approach, which combines traditional Islamic legal principles with the contemporary challenges of waqf management. By focusing on Qawā'id Fiqhiyyah, the study proposes a framework that not only addresses legal and administrative issues but also highlights the cultural and social dimensions of waqf in Indonesia, an area that has not been extensively explored in existing literature. . The results of the research suggest that the application of Qawā'id Fiqhiyyah can provide practical solutions to the identified challenges in waqf law. The study outlines several strategies, including enhancing public education about waqf, improving legal frameworks, and fostering collaboration among various stakeholders such as government bodies, religious organizations, and the community. These strategies aim to create a more effective and sustainable waqf system in Indonesia, ultimately leading to increased productivity and a greater social impact of waqf assets
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.
Customary Ritual and Islamic Law: Legal Reflections on the Pati Ka Du'a Bupu Ata Mata of the Lio Tribe in Pemo Village Iskandar, Iskandar; Tarsid, Idul
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (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.v12i1.9738

Abstract

Pati Ka Du'a Bupu Ata Mata is a ritual of reverence practiced by the Lio tribe, in which offerings are presented to ancestral spirits. These offerings typically include cigarettes, betel nuts, brown rice, chicken, pork, pork heart, and beverages such as moke (palm wine). The ritual concludes with Mosalaki (traditional leaders) and participants consuming part of the offerings. However, the majority of the Lio tribe in Pemo Village have a limited understanding of Islamic teachings. This study aims to examine the practice of Pati Ka Du'a Bupu Ata Mata and assess its compatibility with Islamic law within the Lio tribe community in Pemo Village. A qualitative research approach is employed, with purposive sampling used to select key informants, including Mosalaki, as well as religious and community leaders in Pemo Village, Kelimutu District, Ende Regency. Data for this study were gathered through observation, interviews, documentation, and bibliographic analysis. The research follows a structured data analysis method consisting of data collection, reduction, presentation, and conclusion drawing. The findings reveal that Pati Ka Du'a Bupu Ata Mata is a tradition of offering tribute to deceased ancestors as an expression of gratitude to both the divine and the ancestral lineage that brought life to the present generation. These offerings—brown rice, palm wine (moke), areca nut, liver, and pork heart—serve as a means of strengthening communal ties and honoring heritage. However, from the perspective of Islamic law, this ritual is considered impermissible, as it involves elements of shirk (associating partners with God) and the consumption of pork and palm wine, which are explicitly prohibited in Islam. The implications of this study highlight the importance of religious awareness within the community, encouraging individuals to avoid rituals that conflict with Islamic teachings as prescribed in the Qur'an and Hadith.

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