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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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Transformation of Wives’ Roles in the Household: A Socio-Legal Study of Gender and Indonesian Family Law in Padangsidimpuan Ikhwanuddin Harahap
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.v13i1.14467

Abstract

The transformation of wives’ roles in Indonesian Muslim families has undergone significant changes alongside the increasing participation of women in education and economic activities. However, these changes often remain inconsistent with the normative construction of family law, which continues to reflect patriarchal values. This study aims to analyze the transformation of wives’ roles in households in Padangsidimpuan City through the lens of Amina Wadud’s gender perspective and Indonesian positive law, while identifying the gap between legal norms and evolving social practices. The research employs a socio-legal approach, utilizing interviews, observations, and documentary analysis of legal regulations, particularly Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law. The findings reveal that the transformation of wives’ roles occurs gradually and asymmetrically. Women’s increasing economic contributions have strengthened their bargaining position in family decision-making processes, particularly regarding children's education, financial management, and family planning. Nevertheless, patriarchal values persist, resulting in role ambivalence and a double burden for women. The study also identifies a gap between law in books and law in action, where legal norms have not fully accommodated the social realities evolving toward more egalitarian partnerships. These findings imply the need for a more contextual, gender-responsive, and substantively just reconstruction of Islamic family law. Furthermore, this study contributes to the development of socio-legal studies, gender studies, and Islamic family law scholarship by demonstrating how the interaction between legal norms, religious interpretations, and social practices shapes the transformation of gender relations within contemporary Muslim families in Indonesia.
The Concept of Safe Houses for Domestic Violence Victims in Aceh: A Maṣlaḥah Perspective Muslem Abdullah; Muhammad Siddiq Armia; Husni Mubarrak
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.v13i1.14478

Abstract

The conventional criminal justice system often marginalizes the rights of domestic violence victims due to its predominantly offender-oriented approach. This article aims to reconstruct the concept and operational standards of safe houses (Rumah Aman) for domestic violence victims under the Integrated Service Unit for Women and Children Empowerment (UPTD PPA) in Aceh Province. Employing empirical legal research methods through field observations, this study analyzes the dialectic between Indonesian positive law and Islamic law through the lens of Mashlahah Theory. The main findings reveal that within the context of Aceh, the existence of safe houses transforms from a mere state administrative mandate into a theological obligation. Through the Mashlahah framework, safe houses serve as a frontline instrument to protect the five fundamental principles of Islamic law (al-mabadi' al-khams): religion, life, intellect, lineage, and wealth. The novelty of this study lies in its integration of the state's formal protection system with local cultural-theological legitimacy. This research concludes the necessity of a holistic reconceptualization of safe house standardization encompassing high-level physical security, psychological rehabilitation, and economic empowerment reinforced by religious authorities to ensure effective victim protection in a special autonomous region.
Customary Compromise and Substantive Justice: The Dalihan Na Tolu Kinship System in Family Dispute Resolution in Padangsidimpuan City from the Perspective of Sadd al-Dharī‘ah Adi Syahputra Sirait; Mardona Siregar; Muhammad Ridwan
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.v13i1.14496

Abstract

The Dalihan Na Tolu system plays a dominant role in resolving family disputes within Batak society and often generates customary compromise practices that may overlook the principle of substantive justice. This study analyzes the position and influence of the Dalihan Na Tolu kinship system in contemporary family law dispute resolution and examines its compatibility with Islamic law and positive law through the sadd al dhari’ah approach. This research adopts a qualitative method combined with a sociological approach. The qualitative approach is used to explore social realities and legal practices in society, while the sociological approach examines the interaction between customary law, Islamic law, and state law in family dispute resolution. Data were collected through interviews with customary and religious leaders, field observations, and document analysis of relevant legal materials and scholarly works. The data analysis applies the sadd al dhari’ah framework to identify potential harm in customary-based dispute resolution practices under the Dalihan Na Tolu system. The findings show that the dominance of this kinship system in family disputes creates both support and criticism because it often prioritizes familial compromise and clan harmony over the protection of women’s and children’s rights as guaranteed by Islamic law and national law. This is particularly evident in divorce and inheritance cases. Furthermore, women often face limited participation in customary deliberation due to male-dominated authority structures within the Dalihan Na Tolu system. The study proposes normative reforms, including the development of customary-based dispute resolution guidelines aligned with Islamic and national law, increased female participation in deliberative processes, and stronger involvement of religious and state institutions in mediation.
Contemporary Ulama's Perspectives on Contraception in Modern Families: A Comparative Analysis of Yusuf al-Qaradawi and Ibn Utsaimin Ade Faizah; Abdul Manan; Nufiar Nufiar
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 2 (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.v13i2.14497

Abstract

The use of contraception in Muslim families remains a debated issue among contemporary Islamic scholars, particularly in response to changing social conditions, reproductive health concerns, and the evolving dynamics of modern family life. Previous studies have generally examined contraception from normative Islamic legal perspectives, while comparative analyses of the views of Yusuf al-Qaradawi and Ibn Utsaimin remain relatively limited. Therefore, this study aims to comparatively analyze the legal reasoning, methods of legal interpretation (istinbāṭ), and contemporary relevance of the views of both scholars regarding the use of contraception in modern Muslim families. This study employs a qualitative library research method using a descriptive-comparative approach. Data were collected from classical and contemporary Islamic legal literature, fatwas, scholarly publications, and academic studies related to family planning and reproductive ethics in Islam. The data were analyzed using comparative content analysis to identify the similarities, differences, and underlying methodological foundations of the two scholars' perspectives. The findings reveal that both Yusuf al-Qaradawi and Ibn Utsaimin permit the use of temporary contraception under specific conditions, particularly to protect maternal health, ensure child welfare, and maintain family stability. However, they differ significantly in their legal methodologies. Yusuf al-Qaradawi adopts a more contextual approach based on maqāṣid al-sharīʿah and public welfare (maṣlaḥah), whereas Ibn Utsaimin applies a more textual and precautionary approach by adhering closely to scriptural evidence. This study contributes to the development of contemporary Islamic family law by demonstrating how different methods of legal interpretation shape Islamic legal responses to modern reproductive issues. The findings also provide valuable insights for scholars, policymakers, and family planning practitioners in formulating reproductive health policies that are consistent with Islamic legal principles while remaining responsive to the needs of modern Muslim families.
The Abolition of the Presidential Threshold and the Reconstruction of Presidential Nominations: A Political-Legal, Political Economy, and Siyāsah Dustūriyyah Analysis Umarwan Sutopo; Muhammad Ali Murtadlo; Hilman Rosyidi
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.v13i1.14653

Abstract

The Constitutional Court's Decision Number 62/PUU-XXII/2024, which abolishes the presidential threshold, marks an important change in the presidential nomination system in Indonesia. This research aims to analyze the legal-political construction underlying the abolition of the presidential threshold, examine its implications for the political economy structure of elections, and formulate a presidential nomination model that reflects the perspective of siyāsah dustūriyyah. This research is a normative legal study using the statute approach, case approach, conceptual approach, and Islamic legal approach. Data was obtained through library research on legislation, Constitutional Court decisions, and related literature and then analyzed qualitatively. The research results indicate that the removal of the presidential threshold reflects a shift in legal politics from an orientation toward political stability to the strengthening of people's sovereignty, equality of political rights, and a more inclusive democracy. From a political economy perspective, the policy expands political competition and strengthens the opportunities for medium and small parties, but it also has the potential to give rise to new forms of oligarchic dominance through political funding and high campaign costs. From the perspective of siyāsah dustūriyyah, this research offers a model of presidential nomination based on justice and public interest, grounded in open nominations, internal party democracy, political funding reform, equal access to campaigns, and program-based coalition governance to achieve political justice, public welfare, and government stability.
Transformation of Mediation in Islamic Law: Analysis of Principles, Mechanisms, and Implications for Dispute Resolution Maria Rosalina; Muhammad Arifin; Farid Wajdi
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.v12i2.15961

Abstract

This study aims to analyze the transformation of mediation in Islamic law from classical to contemporary times and to assess the alignment of modern mediation practices with sharia principles. Mediation in the Islamic legal tradition is rooted in the concepts of ṣulḥ and iṣlāḥ, which emphasize dispute resolution through peace, deliberation, and substantive justice. Along with the development of modern legal systems, mediation has undergone a process of institutionalization and formalization within the framework of positive law, including in the judicial systems of Muslim countries. This study uses a normative legal research method with a statutory, conceptual, and historical approach. Legal sources include the Qur'an, hadith, classical fiqh literature, legislation, and relevant legal doctrines. The results show that the transformation of mediation is evolutionary, characterized by changes in form and mechanisms without eliminating the basic principles of justice, voluntariness, and benefit. Contemporary mediation practices are fundamentally aligned with the principles of Islamic law, particularly in their orientation toward peace and restorative dispute resolution. The main challenge lies in implementation, particularly in maintaining the substance of sharia values so that they are not diminished by procedural formalism. Therefore, strengthening the integration of Islamic legal ethics and modern mediation professional standards is key to realizing an effective, fair, and civilized dispute resolution system.
The Business Judgment Rule in State-Owned Enterprise: Legal Pluralism of Islamic, State and Customary Law Meli Pransiska Simanjuntak; Muhammad Arifin; Zainuddin Zainuddin
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.v12i2.16006

Abstract

The strengthening of the Business Judgment Rule through Law Number 16 of 2025 concerning the Fourth Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises (SOEs) has not fully eliminated the tension between the corporate law regime and the state finance regime in determining the limits of liability for the board of directors of SOEs. This research aims to analyze the post-reform regulatory construction of the Business Judgment Rule and to reconstruct the directors' liability standards through a legal pluralism approach. This study employs a normative legal research method with statutory and conceptual approaches, utilizing descriptive-analytical and prescriptive techniques to qualitatively analyze primary and secondary legal materials. The findings indicate that formal-positivistic legislative amendments alone are insufficient to resolve this paradigm conflict. Consequently, this research develops the "Pluralistic Responsive Corporate Governance Model" (PRCGM), which operationalizes the Business Judgment Rule by integrating the formal procedural certainty of state law, the transcendental ethical accountability of Islamic law (amanah, masuliyah, and maslahah), and the socio-communal legitimacy of customary law (musyawarah, mufakat, and propriety). Theoretically, this study extends the existing literature by shifting the discourse away from rigid corporate-criminal binaries toward an integrative socio-legal framework; practically, it provides a balanced evaluation matrix for lawmakers and law enforcement agencies to objectively assess legitimate business risks.

Page 24 of 24 | Total Record : 237

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