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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 Authority of Adat Institutions in Resolving Marital Disputes in Aceh: A Legal Review Zubir, Zubir; Alimuddin, Alimuddin
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.v12i1.11149

Abstract

Aceh’s legal framework is distinctive due to the coexistence of state law, Islamic law, and adat (customary) law, particularly in handling marital disputes. Adat institutions hold a significant role within local communities, as they provide culturally grounded mechanisms for resolving conflicts, often emphasizing restorative justice and social harmony. However, the precise legal authority of these institutions remains complex, especially when their jurisdiction overlaps or conflicts with formal judicial bodies such as the Mahkamah Syar’iyah. This study aims to critically review the legal basis and scope of authority of adat institutions in resolving marital disputes in Aceh within the context of Indonesian law. Utilizing a normative legal research method combined with conceptual and statutory analyses, this research examines relevant legislation, including Law No. 11 of 2006 on the Governance of Aceh and Law No. 23 of 2004 on the Elimination of Domestic Violence. Additionally, it draws on doctrinal sources and practical adat dispute resolution cases in Aceh. The findings demonstrate that adat institutions remain trusted mediators that prioritize reconciliation and community consensus in marital conflicts. Nonetheless, their authority is not absolute and is limited by national legal frameworks, especially concerning divorce proceedings, child custody, and cases of domestic violence, which fall under the jurisdiction of Islamic courts. This overlapping jurisdiction can lead to legal ambiguities and inconsistent outcomes. The study contributes valuable insights for policymakers and legal practitioners seeking to enhance coordination and integration between adat dispute resolution mechanisms and formal legal systems. Strengthening regulatory clarity and fostering collaboration can support more effective dispute resolution that respects Acehnese cultural traditions while aligning with national legal standards.
Preventing Child Marriage in Indonesia: An Analysis of Government Policies, Institutional Challenges, and Strategic Efforts Kholid, Muhamad; Safe'i, Abdulah; Jaenudin, Jaenudin; Hidayat, Agi Attaubah; Isak, Endang
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.v12i1.11205

Abstract

This study critically examines the Indonesian central government’s policies, institutional challenges, and strategic interventions in mitigating child marriage—a pervasive issue with documented repercussions for health, education, gender equality, and national development. Employing an empirical juridical approach, the research integrates qualitative descriptive analysis with primary data from field observations and semi-structured interviews with officials at the Ministry of Women’s Empowerment and Child Protection (KP3A RI) and the Directorate General of Religious Courts (Ditjen Badilag). Secondary data derive from legislative reviews, judicial records, and scholarly literature. Thematic analysis contextualizes findings within Indonesia’s legal pluralism and decentralization framework. KP3A RI has made preventing child marriage one of its five main national programs. This effort is supported by six key initiatives, such as community-based (Integrated Child Protection by Communities/PATBM) and mobile protection services like MOLIN and TORLIN (Women and Children Protection Motor and Mobile Units). The Supreme Court’s Regulation (PERMA No. 5/2019) requires courts to focus on children’s best interests when deciding on marriage dispensation requests. However, this rule does not become a primary reference. In 2021, religious courts approved 95% of the 61,443 dispensation requests they received. There are also broader challenges. Many villages now have more control over their budgets. However, funds have often been used for economic recovery instead of child protection after the pandemic. There are also gaps in the rules about when dispensations can be granted. Several strategies are being used to address these issues. These include (1) Multi-sector coordination through the Joint Movement for Child Marriage Prevention (Geber PPPA) movement; (2) Training and community programs like Children’s Forums and family learning (Puspaga) centers; and (3) new draft regulations to tighten dispensation procedures. Although Indonesia has a strong and united policy approach, results are limited by uneven local implementation and courts being too lenient. For lasting progress, the country needs (1) better and shared data systems, (2) stronger financial accountability at the village level, and (3) judicial training to focus on child protection rather than social or cultural pressures. The study highlights the need for strong, coordinated leadership to overcome local differences and ensure national child marriage prevention standards are fully applied at the community level.
Bridging the Gap in Employee Zakat Deductions: A Fiqh-Based Examination of Corporate Zakat Practices in Medan, Indonesia Mafaid, Ahmad; Pelawi, Jhon Tyson
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.v12i1.11359

Abstract

This study aims to analyze the obligation of employee zakat, which is directly deducted by companies, based on the provisions of the Fiqh of Corporate Zakat as formulated by BAZNAS and PERBAZNAS. The study focuses on the inconsistency of the liability principle in calculating corporate zakat, which is typically based on net assets, compared to the practice of employee zakat, which is often deducted from gross income without considering the employee's personal zakat obligations. This research adopts a qualitative approach with a case study design, examining several companies in the Medan area, including BRI, BNI, Bank Sumut Syariah, and BMI. Data were collected through in-depth interviews, document analysis, and non-participatory observations and were analyzed using the interactive model developed by Miles and Huberman. The results show that most of the companies studied (BRI, BNI, and Bank Sumut) failed to apply the liability reduction principle in employee zakat deductions as required. In contrast, one company (BMI) adhered to the liability principle in its employee zakat deductions, as outlined in corporate zakat guidelines. These findings highlight regulatory gaps and injustices in the treatment of employee zakat and emphasize the need for harmonizing Fiqh principles, technical policies, and field practices to create a fairer zakat system in accordance with the Maqasid Sharia
Halal Certification Cooperation Between Indonesia and Malaysia: A Legal Analysis of the Principle of Reciprocity Gumanti, Retna; Tomayahu, Nova Septiani; Lahay, Ivana Iring Restu
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.v12i1.11368

Abstract

This study was conducted to underscore the need for harmonization of halal certification systems between countries, particularly the challenges in achieving mutual recognition of halal certificates between Indonesia and Malaysia, based on the principle of reciprocity. The research aims to examine and analyze the legal aspects and normative barriers involved in implementing halal product assurance cooperation agreements between the two nations. A qualitative research method was employed, specifically doctrinal legal research, focusing on statutory regulations. The data analyzed were derived from secondary sources, including legal documents related to the international legal framework governing halal product assurance based on reciprocity, such as the Memorandum of Understanding (MoU), Government Regulation No. 39 of 2021, and JAKIM regulations. The findings reveal that a halal product assurance cooperation agreement has been established between Indonesia and Malaysia. Initially, halal certification for foreign products entering Indonesia was conducted through a business-to-business (B2B) mechanism. However, following the formal cooperation between the two countries, Indonesia's Halal Product Assurance Agency (BPJPH) and Malaysia’s Department of Islamic Development (JAKIM) signed a Memorandum of Cooperation (MOC) to facilitate mutual recognition of halal certificates. Notably, Article 123(1) of Government Regulation No. 39 of 2021 explicitly affirms that halal certification can be recognized through mutual agreements between countries, provided such recognition is reciprocal. This study contributes to the development of international legal theory, particularly in reinforcing national halal certification policies and advancing Islamic economic law through cross-border collaboration.
Surrogacy Laws in Indonesia, Iran, and India: A Comparative Analysis of Legal Protections for Surrogate Mothers and Children Farendra, Dewa Gede Dedy; Mahadewi, Kadek Julia
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.v12i1.11650

Abstract

This study investigates Indonesia’s absence of a comprehensive surrogacy framework, a gap that leaves surrogate mothers and children in legal limbo and social precarity. By contrast, Iran authorizes surrogacy through Shia jurisprudence and enforceable contracts, while India governs the practice via the Surrogacy (Regulation) Act 2021, allowing only altruistic arrangements and banning commercial transactions. Using normative legal research and a comparative approach, the analysis synthesizes statutory provisions, religious edicts, and judicial precedents and evaluates enforcement mechanisms alongside socio-ethical implications across the three systems within diverse cultural, religious, and regulatory environments and illustrates divergent policy rationales. Findings show that Indonesia’s outright prohibition, unaccompanied by detailed implementing rules, denies parties any legal protection, whereas Iran and India offer more structured, coherent safeguards. The study therefore urges Indonesia to draft a rights-based, culturally responsive regulatory framework that harmonizes domestic values with international human rights standards. Such legislation is essential to secure legal certainty, uphold ethical principles, encourage transparent medical practice, and protect the most vulnerable actors, especially surrogate mothers and the children born through surrogacy arrangements.

Page 22 of 22 | Total Record : 215

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