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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 237 Documents
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Clemency, Asset Restitution, and Islamic Law: Rethinking Justice for Corruption Offences in Indonesia Liantha Adam Nasution; Fatimah Islamy Nasution; Siti Aminah; Zulfahmi Zulfahmi
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.v12i2.12838

Abstract

The practice of granting clemency to corruption offenders who return misappropriated assets remains insufficiently examined within the framework of Islamic law, giving rise to an unresolved tension between humanitarian considerations and substantive justice. While existing studies have largely addressed clemency and asset recovery from the perspective of positive law, scholarly attention to their normative implications in Islamic law remains limited, particularly with regard to ghulul (the misappropriation of public wealth), the obligation of restitution (rad al-mazalim), and preventive sanctions (tazir). This article critically examines whether granting clemency to corrupt offenders who return assets can be justified under Islamic law, while also assessing its compatibility with Indonesia’s positive legal system. This study employs a juridical-normative approach by analysing primary legal materials, including presidential regulations on clemency and statutory provisions on corruption eradication, alongside classical and contemporary Islamic legal sources. The findings indicate that although clemency in positive law may function as a humanitarian and rehabilitative instrument, its legitimacy must be contingent upon full asset restitution and a careful evaluation of its socio-economic impact. From an Islamic legal perspective, sincere repentance (taubat nasuha) accompanied by restitution constitutes an absolute moral and legal obligation; however, it does not negate the necessity of tazir sanctions as a deterrent mechanism to safeguard the public interest and prevent the recurrence of similar offences. This article underscores the need to reconceptualise justice in the adjudication of corruption cases through the integration of Islamic legal principles into clemency and asset restitution policies, with the aim of establishing a more comprehensive and substantively just framework for corruption eradication in Indonesia.
Marital Property as Debt Collateral without Spousal Consent in Indonesia: Legal Validity, Execution, and Judicial Interpretation Mhd. Yadi harahap; Sri Turatmiyah; Mhd Syahdani harahap
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.v12i2.12907

Abstract

One of the issues frequently debated in family law concerns the legal status of marital property. Conceptually, property acquired during marriage constitutes marital property unless otherwise stipulated in a prenuptial or postnuptial agreement. Legal problems arise when marital property is used as collateral for debt without the consent of one spouse, particularly with regard to the validity of such collateralization, the enforceability of its execution, and the settlement of marital property execution in the event of divorce.This study aims to analyze the legal status and execution of marital property pledged as collateral for debt without spousal consent, with reference to Supreme Court Decision Number 209 K/PDT/2000. This research employs a normative juridical method using a statute approach and a case approach. The findings indicate that marital property used as collateral for debt without the consent of both spouses lacks legal validity and cannot be lawfully executed by creditors, as such actions violate the principle of joint ownership and involve third-party interests. The Supreme Court decision affirms that neither spouse may unilaterally perform legal acts over marital property for the purpose of debt settlement through execution. This study contributes to the development of family and property law by clarifying the legal consequences of unauthorized collateralization of marital property and by reinforcing the principle of joint ownership protection. The findings are expected to provide normative guidance for courts and creditors, while also encouraging regulatory reform to ensure legal certainty and fairness for all parties.
From Agricultural Zakat to Trade Zakat: Rethinking Hydroponics within Contemporary Islamic Legal Frameworks in Indonesia Muhammad Ash Shiddiqi; Armiadi Musa; Jailani Jailani; Abdul Manan; M. Chalis
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.v12i2.12201

Abstract

This study analyzes the legal gaps in traditional zakat regulations that are not yet relevant to modern agricultural systems, such as hydroponics. The aim of study is to provide conceptual and practical contributions by reviewing the views of Islamic scholars, determining the appropriate classification of zakat, and formulating fair calculations of the nisab and haul. The approach used in this research is normative-juridical, using a literature study method. Primary legal sources include classical fiqh texts, contemporary fatwas from religious scholars, and laws and regulations related to zakat in Indonesia. Secondary legal sources include scientihic journals, books, and other relevant scientihic research findings. The data collected through this documentation ware analyzed qualitatively and descriptively by comparing the characteristics of hydroponics with the criteria for zakat in agriculture and trade. The study results indicate that hydroponic characteristics, such as a continuous harvest cycle, a focus on profit, and an intensive business model, are more relevant to be categorized as trade zakat ('urūḍ al-tijārah). The ideal zakat calculation formula is based on the nisab of 85 grams of gold with a 2.5% gold content, which must be paid after one full year of ownership (haul), at the same time providing fundamental policy implications for Baitul Mal Aceh to revise the Zakat Qanun, especially by including the trade zakat category for modern agricultural products, as well as being a reference in compiling regulations that are more adaptive to the dynamics of the contemporary agribusiness system
Grandchildren as Substitute Heirs in Indonesia’s Islamic Inheritance Law: Formulation and Implementation of the Compilation of Islamic Law Muhammad Fadhlan Is; Dede Hafirman Said
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.v12i2.13785

Abstract

This study examines in depth the role and position of grandchildren in Islamic inheritance law in Indonesia, particularly in relation to Article 185 of the Compilation of Islamic Law (KHI), which regulates substitute heirs. Although the debate regarding this article has been widely discussed in previous research, most studies do not identify in detail the theoretical and practical gaps that arise in the application of Article 185 of the KHI, especially related to the influence of Hazairin's thinking and differences in interpretation in the field. This study aims to fill this gap by analyzing the history, formulation, and implementation of the provisions regarding substitute heirs in the KHI, as well as the contribution of Hazairin's theory to changes in the inheritance system in Indonesia. The method used is library research with a descriptive qualitative approach, which analyzes primary legal sources in the form of relevant legal texts, as well as secondary literature including books, scientific articles, and related journals, with technique content analysis to explore the meaning and implications of the provisions of Article 185 of the KHI and Hazairin's theory, as well as a comparative analysis to assess the suitability between theory, practice, and classical Islamic inheritance law. The results of the study indicate that Article 185 of the KHI which regulates substitute heirs has three main views, namely rejecting, accepting, and accepting with conditions for revision. This study contributes to understanding the theoretical and practical dimensions of the provisions of substitute heirs, as well as their implications for the formation of a more inclusive and equitable inheritance system in Indonesia. The practical implication is the need to revise the wording of Article 185 of the KHI to ensure consistency and fairness in its implementation, thereby providing better legal protection for heirs, especially grandchildren who have lost their parents.
The Protection of Children's Rights in Marriage Dispensation Cases before Indonesian Religious Courts: Examining the Impacts and Challenges Fatroyah Ars Himsyah; Abdul Malik; Ria Astina
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): 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.v13i1.12520

Abstract

The amendment of the minimum marriage age through Law Number 16 of 2019 was intended to curb child marriage and strengthen the protection of children’s rights in Indonesia. In practice, however, this policy has been followed by a significant increase in petitions for marriage dispensation in Religious Courts. This situation reveals a contradiction between the normative aim of the regulation, which is oriented toward preventing early marriage, and judicial practice that still provides legal avenues for child marriage through the dispensation mechanism. This study aims to analyze the implementation of child rights protection in the adjudication of marriage dispensation cases and to assess the application of the best interests of the child principle in judicial reasoning. Employing a normative juridical method with statutory and conceptual approaches, supported by an examination of court practice, the research finds that the high approval rate of dispensations, the dominance of premarital pregnancy as a ground, and the limited use of psychological and social assessments tend to undermine the child-protection objectives embedded in the regulatory reform. Accordingly, this study underscores the urgency of applying multidisciplinary assessments in marriage dispensation proceedings to ensure that the best interests of the child are genuinely fulfilled.
E-Courts in Indonesia: The Effectiveness of Supreme Court Regulation No. 3 of 2022 on Electronic Mediation in the Religious Courts of Medan and Riau Putra Halomoan Hsb; Ihsan Helmi Lubis
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): 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.v13i1.13518

Abstract

This study examines the effectiveness of Supreme Court Regulation No. 3 of 2022 on electronic mediation in the Religious Courts of Medan and Riau, drawing on legal effectiveness and mediation theory. It responds to the limited comparative research on the implementation of electronic mediation across Indonesian regions, particularly in light of disparities in technological infrastructure, judicial capacity, and legal culture. The study adopts an empirical juridical approach with a qualitative design. Data were collected through interviews with mediator judges, observations of online mediation practices, and analysis of judicial documents and relevant regulations. The findings indicate that electronic mediation is a significant innovation in dispute resolution within religious courts; however, its effectiveness varies across regions. In Medan, implementation is relatively effective, supported by a more developed technological infrastructure and a stronger judicial capacity. In Riau, implementation continues to face challenges, particularly low digital literacy among disputing parties and limited access to technology. In addition, local legal culture plays a crucial role in shaping the success of mediation, especially with regard to trust in virtual communication. This study concludes that the implementation of Supreme Court Regulation No. 3 of 2022 has not yet reached full effectiveness, as alignment among legal substance, institutional structure, and legal culture remains incomplete. These findings contribute to the literature on legal effectiveness in the context of judicial digitalization and offer practical implications for strengthening judicial capacity, enhancing public digital literacy, and advancing technology-driven judicial policies.
Marriage Age Reform in Indonesia: Child Marriage Prevention Policies from the Perspective of Maqāṣid al-Sharīʿah Firdaus Firdaus; Habibulloh Habibulloh; Pendi Hasibuan; Rusyaida Rusyaida
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): 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.v13i1.14003

Abstract

Despite legal reforms aimed at preventing child marriage in Indonesia, the practice continues to persist due to legal, institutional, and socio-cultural factors. Although Law No. 16 of 2019 equalizes the minimum marriage age at nineteen for both men and women, the existence of marriage dispensations and normative inconsistencies with the Compilation of Islamic Law create challenges for effective prevention. This study aims to analyze the reform of marriage age regulation and child marriage prevention policies in Indonesia through the perspective of maqāṣid al-sharīʿah, particularly the principle of Hifz al-nasl, which emphasizes the protection of lineage and the welfare of future generations. The research employs a normative juridical approach using doctrinal legal analysis through statutory and conceptual approaches. Primary legal materials consist of Marriage Law No. 1 of 1974, Law No. 16 of 2019, and the Compilation of Islamic Law, while secondary materials are derived from relevant academic literature. The findings indicate the minimum marriage age of nineteen is consistent with the principles of maqāṣid al-sharīʿah, particularly hifẓ al-nasl, as a preventive instrument to protect lineage and the well-being of future generations, although its effectiveness depends on consistent implementation and the substantive maturity of prospective spouses. Therefore, strengthening legal harmonization, regulating the use of marriage dispensations, and integrating community-based prevention policies are necessary to ensure that the objectives of Hifz al-nasl are effectively realized in contemporary child marriage prevention strategies.
Reconstructing Maslahah as an Epistemological Principle within the Framework of Religious Liberalism: Toward a New Rationality in Usul al-Fiqh Zulfan Efendi; Rahmat Efendy Al Amin Siregar
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): 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.v13i1.13123

Abstract

Most research on maslahah stops only on methodological instruments in legal istinbat and research on liberalism is only centered on theological and political frameworks, without systematically reconstructing the position of maslahah as an epistemological principle in the construction of usul al-fiqh. This research aims to reconstruct the concept of maslahah in the framework of religious liberalism and affirm its position in the epistemology of Islamic law as the basis for the formation of a new rationality in usul al-fiqh. This research is a normative-conceptual research with an approach to Islamic legal theory and legal philosophy, using a literature analysis method on the thoughts of Islamic legal reformers. The main findings of this study show three main things. First, maslahah in the perspective of religious liberalism is positioned as an epistemological principle, not merely an additional methodological consideration. Second, the reconstruction shifts the orientation of usul al-fiqh from a textual-formal approach to a rational-contextual approach that is dialogical between revelation and social reality. Third, the implication is the affirmation of Islamic law as a normative system as well as an ethical-social instrument to realize justice, freedom, and universal welfare (al maslahah al ammah). The implications of this study confirm the need to reorient contemporary Islamic legal methodology towards a more integrative and contextual epistemological paradigm, thereby strengthening the contribution of usul al-fiqh in the discourse of Islamic law reform as well as the development of Islamic legal theories that are responsive to modern social dynamics.
Reconstructing Proportional Justice in Islamic Family Law: Post-Divorce Marital Property Distribution in Mandailing Natal from the Perspective of Maqāṣid al-Usrah Zuhdi Hasibuan; Asrul Hamid; Andri Muda Nst; Raja Ritonga; Idris Idris
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): 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.v13i1.13603

Abstract

This study critically examines the normative framework of Article 97 of the Indonesian Compilation of Islamic Law (KHI), which regulates an equal (50:50) division of marital property upon divorce, through a socio-legal perspective focusing on cases involving unemployed husbands in Mandailing Natal Regency. While existing scholarship has primarily emphasized doctrinal interpretation and procedural aspects of joint property classification, limited attention has been given to how formal legal norms operate within contexts of structural economic inequality and differentiated spousal contributions. Furthermore, empirical assessments of proportional justice in the application of Article 97 remain underdeveloped. To address this gap, this research adopts a mixed normative-empirical approach by integrating doctrinal legal analysis with field data from Mandailing Natal Regency. The empirical material consists of thirteen divorce cases and in-depth interviews with twelve key informants. The data are analyzed through a socio-legal interpretive framework that juxtaposes normative legal provisions with lived socio-economic realities. The study is theoretically grounded in maqāṣid al-Usrah as an extension of maqāṣid al-shariah, which is operationalized as an evaluative framework for assessing substantive fairness in Islamic family law. The findings indicate that, within the observed cases, the strict application of Article 97 tends to produce outcomes that insufficiently reflect the differentiated financial and non-financial contributions of spouses, particularly in situations where wives bear dual domestic and economic responsibilities. This study contributes theoretically by advancing maqāṣid al-Usrah as an operational analytical tool in socio-legal inquiry, and empirically by providing context-specific evidence from Mandailing Natal that evaluates the adequacy of the equal-sharing principle under conditions of economic asymmetry. The findings suggest that proportional justice offers a more context-sensitive interpretive approach for marital property division while remaining aligned with the normative objectives of maṣlaḥah and al-‘adālah. The study concludes that a context-sensitive interpretive refinement of Article 97 may be warranted, particularly by considering verifiable spousal contributions as a basis for more substantively equitable outcomes in post-divorce property distribution.  
Online Dating and Islamic Law in Aceh: Reassessing Aceh Qanun No. 6 of 2014 on Jinayat Law in the Digital Era Daris Aprinaldi Elman; Muhammad Syahrial Razali Ibrahim; Bukhari Bukhari
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 1 (2026): 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.v13i1.14306

Abstract

The rapid advancement of information technology and the increasing accessibility of the internet have given rise to online dating as a new form of premarital interaction. This phenomenon presents legal challenges in Aceh because it is not explicitly regulated under Aceh Qanun Number 6 of 2014 on Jinayat Law, despite the fact that its characteristics may affect the boundaries of interaction between men and women and the values underpinning family formation in Islam. This study aims to analyze the practice of online dating from the perspective of Islamic law based on Aceh Qanun Number 6 of 2014 and to examine its implications for premarital relationships and social norms in Acehnese society. This research employs a normative juridical method using statutory and conceptual approaches through the analysis of legal provisions, scholarly literature, and relevant sources of Islamic law. The findings reveal that although online dating is not explicitly regulated under Aceh Qanun Number 6 of 2014, it can be assessed based on Islamic legal principles that prohibit khalwat (close seclusion between unrelated men and women), ikhtilāṭ (unrestricted mixing of unrelated men and women), and other conduct leading to violations of Islamic norms. The legality of online interactions is determined not by the digital medium itself, but by the purpose, nature of communication, and their potential impact on personal dignity, premarital relationships, and preparation for marriage in accordance with Islamic values. This study highlights the need to strengthen legal interpretation and develop regulations that are more responsive to technological advancements in order to provide legal certainty while preserving Islamic principles and Aceh's local wisdom

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