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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 225 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.
The Application of Substitute Heirs in Indonesian Islamic Inheritance Law: The Interplay of Fiqh, Customary Law, and Civil Law Saniah, Nur; Harahap, Titi Martini
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.v12i2.11736

Abstract

The implementation of the concept of substitute heirs in the Indonesian Compilation of Islamic Law (KHI) has sparked significant debate, as this concept is not found in classical fiqh texts. Article 185 of the KHI stipulates that grandchildren, whose parents have passed away, can replace their parents’ position and inherit from their grandparents. While this concept is recognized in customary law and civil law, its application in religious courts is still influenced by varying interpretations. This study aims to analyze the implementation of Article 185 of the KHI regarding substitute heirs in legal practice in Indonesia, and to explore the juridical and philosophical foundations underlying it from the perspectives of fiqh, customary law, and civil law. The research method used is a normative legal approach with doctrinal analysis, examining relevant articles in the KHI and literature related to fiqh and civil law. Additionally, the study analyzes religious court rulings related to inheritance disputes involving substitute heirs. The findings of this study indicate that, while the provision regarding substitute heirs is recognized in the KHI, its application in religious courts is often debated, primarily due to differing interpretations and the influence of local traditions. Although the concept of substitute heirs is innovative, further clarification is needed to ensure greater justice. The implications of this research suggest the need for reform in the application of inheritance law regarding substitute heirs in Indonesia, so that it better aligns with the principles of social justice, family welfare, and the social realities of Indonesian society. Furthermore, integrating fiqh, customary law, and civil law principles more effectively in religious court practices could provide better protection for the inheritance rights of children who are left without parents.
Toward an Islamic Functional Theory of Marital Assets: Bridging Classical Fiqh and Modern Legal Needs Suprihatin, Suprihatin; Lawang, Karimuddin Abdullah; Rusyana, Ayi Yunus; Najmudin, Nandang
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.v12i2.12425

Abstract

This study originates from the absence of a functional theory that systematically explains the legal status of joint marital property within the framework of Islamic law. Previous studies have predominantly focused on normative aspects such as shirkah (partnership), maintenance (nafaqah), and hibah (gifts), without conceptualizing joint property as an instrument for protecting the reciprocal rights of spouses. This theoretical gap raises critical questions regarding how Islamic jurisprudence can respond to the demands of modern legal systems that emphasize legal certainty, economic justice, and mutual protection within marriage. Accordingly, this research aims to formulate a Functional Theory of Joint Marital Property from an Islamic perspective through the integration of classical fiqh principles, social functionalist theory, and the local wisdom of the Indonesian archipelago (Nusantara). The study employs a library-based research method with normative analysis, utilizing approaches from usul al-fiqh, legal hermeneutics, and social systems theory. This multidimensional approach enables the identification of principles of reciprocity, public interest (maslahah), and rights protection embedded in classical fiqh texts, as well as their relevance to the Indonesian legal system. The findings indicate that joint marital property serves three primary functions: a protective function safeguarding the rights of both spouses; a stabilizing function ensuring the continuity and resilience of the household; and an integrative function that harmonizes Islamic jurisprudence with the requirements of modern legal frameworks. This functional theory of joint marital property constitutes a novel contribution to the development of Islamic family law in Indonesia and may serve as a foundational framework for regulatory reform, the formulation of jurisprudential guidelines, and the strengthening of rights-based protection mechanisms within marriage.
Marriage Financing in Islamic Law: A Maqasid al-Shariah Analysis of Wahbah al-Zuhaili’s Thought Yazid, Iswadi Muhammad; Masduki, Masduki; Mawardi, Mawardi
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.v12i2.12627

Abstract

Islam regards marriage as an act of worship that guides believers toward a balance between simplicity and moral responsibility. However, in modern social practice, there is a growing gap between the Islamic principle of simplicity and the rising costs of marriage, such as expensive dowries and lavish wedding ceremonies, which shift the values of maqasid al-shariah toward a materialistic culture. This study aims to analyze Wahbah al-Zuhaili’s thought on the allocation of marriage expenses from the perspective of maqasid al-shariah and its relevance to contemporary social practices. This research employs a qualitative library-based approach with descriptive-analytical methods. The primary sources include the works of Wahbah al-Zuhaili, particularly al-Fiqh al-Islami wa Adillatuhu, along with relevant classical fiqh literature and contemporary studies. Data were analyzed using thematic analysis to identify the legal principles underlying marriage financing within the framework of maqasid al-shariah. The findings reveal that Wahbah al-Zuhaili’s legal framework makes a significant contribution to the development of contemporary Islamic jurisprudence by integrating maqasid al-shariah into the discourse on marriage financing. His emphasis on simplicity, justice, and public welfare provides a practical direction for developing an efficient marriage system through community support, the role of zakat institutions, and state facilitation. These findings imply the formulation of social guidelines and religious policy recommendations aimed at reducing the economic burden of marriage without neglecting its spiritual values.
Between Islamic Morality and Legal Certainty: Political Compromise in Regulating Adultery and Non-Marital Cohabitation in Indonesia’s New Criminal Code Maulana, Rizki; Abdul Azis, Fouza Azwir; Izazi, Muammar
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.v12i2.12719

Abstract

The reformulation of articles concerning adultery and cohabitation in the new Criminal Code (Law No. 1 of 2023) raises fundamental questions regarding how Islamic values can be harmonized with national criminal law without undermining legal certainty and the protection of individual rights. This study aims to analyze the mechanisms for harmonizing Islamic values within the new Criminal Code, particularly in the articles on adultery and cohabitation, as well as to assess the relevance of legal politics in regulating public morality. The study employs a qualitative-descriptive approach with content analysis, relying on primary legal documents and secondary legal literature. The analysis is conducted thematically to evaluate the extent to which the new Criminal Code provides legal certainty, substantive justice, and protection of individual rights. The findings indicate the existence of a political compromise pattern reflected in the adjustment of sanctions, limitations in the scope of law enforcement, and interactions among legislators, law enforcement officers, and religious stakeholders. This study confirms that the new Criminal Code functions as an adaptive and proportional legal instrument, with significant implications for legal politics in Indonesia, particularly in harmonizing public aspirations, constitutional principles, and societal moral norms.
Islamic Legal Politics in Post-Reformation Indonesia: Sharia Legislation, Decentralization, and Democratic Dynamics Hizbullah, Muhammad; Haidir, Haidir; Nasril, Yeny
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.v12i2.12837

Abstract

The 1998 Reformism expanded democratic and decentralized spaces, yet scholarly engagement with sharia legislation often remains confined to normative or formal frameworks, leaving its intersections with electoral competition, identity politics, and shifting power configurations insufficiently examined. This study explores the development of Islamic legal politics in post-reform Indonesia, with particular attention to the dynamics of sharia legislation within a constitutional democracy. Employing a normative legal approach enriched by historical and conceptual perspectives, it analyzes secondary legal materials to assess implications for democracy, constitutionalism, and human rights. Findings reveal that post-reform sharia legislation is shaped by complex interactions among political elites’ electoral strategies, the mobilization of religious identity, and decentralized structures that facilitate symbolic regulation at the local level. While national laws on waqf, zakat, and sharia banking address substantive socio-economic needs, local morality regulations—such as dress codes or alcohol restrictions—frequently serve symbolic and populist functions. This study contributes a contextual and integrative framework for understanding Islamic legal politics, underscoring the importance of inclusive paradigms attentive to social plurality, constitutional principles, and gender justice in Indonesia’s multicultural society.

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