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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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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.
Marriage Annulment Petitions by KUA Officials: An Analysis from Islamic and Positive Law Perspectives Fatimah, Fatimah; Purba, Zainal Arifin
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.v12i1.10696

Abstract

The practice of marriage annulment petitions filed by KUA (Religious Affairs Office) officials, who were previously responsible for issuing the marriage certificate, raises complex legal and ethical issues. These include questions regarding administrative validity and the professional accountability of the marriage registrar (PPN). This study analyzes the submission of marriage annulment petitions by KUA officials from the perspectives of Islamic law and positive law in Indonesia, concerning Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). Employing a qualitative normative approach, data were collected through a literature review of statutory regulations, classical and contemporary fiqh sources, court decisions, and expert opinions. The findings reveal discrepancies between administrative practices at KUA and the legal standards, particularly in the verification of documents and the legal status of prospective spouses. Common causes of annulments include identity fraud, unlawful polygamy, and administrative errors. From the standpoint of maqashid shari'ah, such annulment actions may be justified to uphold the rights of spouses and their offspring, and to prevent harm resulting from invalid marriages. This research proposes an integrative approach combining Islamic legal principles and national law, and emphasizes the need to strengthen institutional procedures and legal literacy within KUA to ensure the integrity of the marriage system in Indonesia.
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
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,
Responsibilities and Authorities of External Directors in Family-Owned Companies: A Legal and Islamic Perspective Oktaviana, Ria Rindika; Budi Santoso
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.v12i1.10852

Abstract

Family businesses account for 72% of enterprises in Indonesia, many of which operate as Limited Liability Companies (LLCs) to gain legal and financial flexibility. However, a significant governance problem arises when appointing external (non-family) directors; the boundaries of their authority and fiduciary responsibilities are often unclear. This ambiguity leads to legal disputes and diminished strategic roles, especially under the dominance of controlling family members. This study examines the boundaries of external directors' responsibilities in family-owned LLCs through the lens of Islamic law and normative jurisprudence. This qualitative research employs normative legal analysis and Islamic law, using academic literature, legal documents, and classical Islamic texts to explore authority within Limited Liability Companies and analyze using a qualitative descriptive approach. The findings indicate that although Law No. 40 of 2007 regulates fiduciary duties and the ultra vires principle, external directors remain vulnerable to the dominance of family owners. From an Islamic perspective, external directors are regarded as trustees who must uphold honesty (ṣidq), trustworthiness (amanah), and justice (‘adl). The study proposes four key solutions: clear articles of association, protective contracts, independent supervisory boards, and Sharia Advisory Boards. These offer a governance model rooted in legal certainty and Islamic ethics, contributing practical insights for regulators, business owners, and directors in Muslim family enterprises.
Reconstruction of Absolute Competence of Religious Courts in Criminal Cases of Domestic Violence in Indonesia Izzuddin, Ahmad; Alfikri, Ahmad Faiz Shobir
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.v12i1.10874

Abstract

The authority of the religious courts in Indonesia in cases of domestic violence is limited to the civil sphere as grounds for divorce. Conversely, the District Court is responsible for resolving cases with criminal elements. This legal fragmentation prevents victims from obtaining comprehensive justice due to the lengthy and complex legal process. This research highlights the legal gap by analyzing the need for reconstruction of the absolute authority of the religious court to handle the criminal aspects of domestic violence cases. This research is a normative legal statutory and conceptual approach. Analysis of legal materials is done by qualitative methods. The results of this research are legal reconstruction offered in the form of expansion of the absolute competence of the religious court in handling the criminal aspects of domestic violence with the authority to provide protection orders to victims during the judicial process and impose criminal sanctions on perpetrators of domestic violence. The success of this reconstruction, based on the analysis of Soerjono Soekanto's theory of legal effectiveness, depends on harmonizing regulations, increasing law enforcement's competence, providing adequate facilities, increasing public legal literacy, and cultural transformation that supports justice and equality. This legal reconstruction contributes to the efficient resolution of domestic violence cases in line with the principles of judicial power, namely the achievement of simple, fast, and low-cost justice.
Human Rights and Gender Equality: An Analysis of Polygamy Regulations for Civil Servants in Indonesia Rahmah, Yulia Fithriany
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.v12i1.10900

Abstract

This research aims to analyze the regulations related to marriage and divorce permits for Civil Servants (PNS) in Indonesia as stipulated in Government Regulation of the Republic of Indonesia Number 45 of 1990. This regulation is often considered a new regulation, even though it has been in effect since 1983. The lack of legal awareness of this regulation has caused confusion in the community and sparked debate, mainly due to: (1) the lack of understanding and socialization related to this regulation, causing social chaos; (2) the assumption that the regulation is unfair because it contradicts Law Number 1 of 1974 concerning Marriage, especially in the provision of polygamy; and (3) potential violations of human rights, especially in relation to gender equality. This research uses a normative juridical method with a descriptive normative approach. The analysis is based on secondary legal sources, such as legislation and relevant literature. The results show that this regulation has urgency in upholding legal awareness in the community as a form of compliance with marriage rules for civil servants, especially in terms of polygamy permits for men and the prohibition of being a second wife for women. In addition, social chaos arising from this regulation can be prevented through strengthening legal awareness, which aims to create a better legal culture and increase compliance with applicable regulations. While this regulation is designed to provide legal protection for individuals and maintain ethics within the bureaucracy, its implementation must be in line with the principles of human rights and gender equality. Therefore, further evaluation of this regulation is needed so that it remains relevant to the social and legal dynamics developing in Indonesia.
Interfaith Marriage in Indonesia: Juridical Challenges and Human Rights Perspectives Surasa, Ais; Sururie, Ramdani Wahyu; Gisymar, Najib A.; Aris, Mohammad Syaiful; Farid, Diana; Abdulah Pakarti, Muhammad Husni
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.v12i1.11071

Abstract

Interfaith marriage refers to a union between two individuals who adhere to different religions and remains a complex issue within the Indonesian legal system. Legally, Law No. 1 of 1974 on Marriage does not explicitly regulate interfaith unions. However, Article 2(1) of the law states that a marriage is valid if conducted by the religious laws and beliefs of the parties involved. This commonly means that interfaith marriages lack legal recognition in Indonesia. This interpretation is further reinforced by the issuance of Supreme Court Circular Letter (SEMA) No. 2 of 2023. This study adopts a normative juridical method with a descriptive qualitative approach. Primary data were obtained from the Marriage Law, the Compilation of Islamic Law, fatwas issued by the Indonesian Ulema Council (MUI), Muhammadiyah, Nahdlatul Ulama (NU), and SEMA No. 2 of 2023. Secondary data were gathered from legal literature, court decisions, and scholarly articles. The findings indicate that, under Article 2(1) of the Marriage Law, interfaith marriages are deemed invalid under Indonesian national law. However, from a human rights perspective—as stipulated in Article 16 of the Universal Declaration of Human Rights (UDHR) and Article 28B(1) of the 1945 Constitution—every individual has the right to marry regardless of religious affiliation. This study also outlines several legal alternatives available to interfaith couples seeking to formalize their marriage, including filing a court petition, temporarily adhering to one partner’s religious law, or marrying abroad. The legal implications of interfaith marriage include issues related to its validity, administrative registration, children's legal status, and both spouses' civil rights.
Incestuous Sexual Violence Against Girls and Family Dysfunction in Coastal Indonesia: Causes, Consequences, and Legal Handling Effectiveness Nurcahaya, Nurcahaya; Karimuddin, Karimuddin
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.v12i1.11118

Abstract

This study examines cases of incestuous sexual violence against girls perpetrated by biological fathers within the family structure. The primary focus is to identify the underlying causes and consequences of incest, as well as to analyze the effectiveness of the legal responses. Employing a case study approach and utilizing Focus Group Discussions (FGDs), data were collected through engagements involving the Office for the Empowerment of Women and Child Protection (P3A), the National Commission on Violence Against Women (Komnas Perempuan), and various women’s and child protection organizations. The findings reveal that incestuous sexual violence against girls is driven by a combination of structural and cultural factors, particularly poverty, lack of privacy within the household, communal living arrangements, and dysfunctional family relationships. These conditions create an environment of heightened vulnerability for girls. In practice, legal handling of incest cases has not received adequate attention from the government. In contrast, civil society organizations focused on women and child protection have demonstrated a more proactive response, although their efforts are often hindered by the absence of clear legal regulations and insufficient institutional coordination. The presence of the state in ensuring legal protection for victims is thus critically important. This study underscores the need for strengthening a victim-oriented legal system, as well as the importance of preventive strategies through Islamic family law education. Such education is expected to foster collective awareness regarding the protection of girls within the family structure, particularly in coastal communities across Indonesia.

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