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Jurnal El-Thawalib
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib.v3i3
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hukum Keluarga Islam, Hukum Tata Negara,Hukum Pidana Islam, Hukum Ekonomi Islam, Ilmu Alquran dan Tafsir
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
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Search results for , issue "Vol 7, No 1 (2026)" : 4 Documents clear
Reconstruction of Child Custody Rights After Divorce Based on Maqāṣid Al-Syarī‘Ah and the Best Interest of the Child Kroniko, Hendri; A, Efizal; Mustafa, Ali
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18975

Abstract

Divorce has a significant impact on the fulfillment of children's rights and well-being, while custody decisions are often normative and do not take into account the child's best interests. Therefore, this study aims to reconstruct the concept of post-divorce child custody by integrating the maqāṣid al-syarī‘ah and the principle of the best interest of the child. The research method employed is a qualitative normative approach with a maqasid sharia perspective, based on a literature study. Primary data sources include classical fiqh books and contemporary Islamic legal literature that discuss hadith. Secondary data sources include scientific books, national and international journal articles, previous research results, and laws and regulations related to child custody after divorce, such as the Compilation of Islamic Law (KHI) and the Indonesian Marriage Law. Data were collected through documentation and analyzed using descriptive analytical techniques. Post-divorce child custody reconstruction needs to be built on the integration of the maqāṣid al-syarī‘ah (the principles of Islamic law) and the principle of the best interest of the child as the primary basis for determining custody. This approach prioritizes the child's well-being, taking into account religious, psychological, emotional, educational, and social aspects. Thus, custody determination is not merely normative, but contextual and equitable. This is expected to result in more humane decisions oriented toward the child's protection and future.
Implementation of Article 7 Bandar Lampung Regulation No. 3/2022: A Fiqh Siyasah Tanfidziyyah Perspective Erlangga, Andre Yuda; Fauzi, Muhammad Yasir; Santoso, Rudi
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.19171

Abstract

This study analyzes the implementation of Article 7 of Bandar Lampung City Regional Regulation Number 3 of 2022 on Market Administration, which obliges the local government to maintain accessibility and traffic flow around traditional markets. The research is motivated by the continued use of public roadways as trading areas at Pasar Tani, Kemiling Subdistrict, which disrupts public order and compromises collective interests. The objective of this study is to evaluate the effectiveness of Article 7 and to examine its implementation from the perspective of fiqh siyasah tanfidziyyah. Employing a qualitative method with a juridical-empirical approach, data were obtained through semi structured interviews with five traders and three officials of the Bandar Lampung City Trade Office, as well as analysis of statutory regulations and classical and contemporary fiqh siyasah literature. The findings reveal that the regulation’s implementation remains suboptimal due to inconsistent law enforcement, limited administrative capacity, and low legal compliance among traders. From a fiqh siyasah tanfidziyyah perspective, this condition indicates the insufficient role of local government as ulī al-amr in realizing justice, public welfare, and harm prevention.
The Ombudsman and Access to Justice in the Financial Sector from an Islamic Perspective Utomo, Damar Sugeng
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18939

Abstract

Access to justice for consumers in the financial sector is crucial. Beyond simply resolving problems, access to justice emphasizes that the government and authorized institutions should not act arbitrarily. In Islamic civilization, a concept known as Wilayatul Mazhalim has similar meaning to the Ombudsman. Furthermore, history explains that the establishment of the first Ombudsman in Sweden was inspired by the rapidly developing Islamic civilization in Turkey at that time. This is normative juridical research with a qualitative approach, resulting in recommendations for changing the wording of regulations. Primary data were obtained from observation by the researchers during 2022 to 2024, and secondary data sources included laws, presidential decrees, and Financial Service Authority regulations. The data collection techniques were observation and documentation studies. The analysis was conducted narratively by providing definitions in advance. As a result, the Ombudsman that is unable to examine institutions entrusted with dispute resolution transfers on the grounds that such institutions do not receive funding from the State Budget (APBN) or Regional Budgets (APBD) creates an entry barrier and limits access to justice. Such situation differs from the Islamic perspective, which recognizes the rights of individuals to seek and obtain their right without obstruction.
Digitalizing Faraidh: A Netnographic Study of Islamic Inheritance Applications in Indonesia Saifullah, Muhammad Fahmi; Isral, Muhammad Rayhandi
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.19326

Abstract

Digital transformation has reshaped Islamic religious practices, including the digitalization of Islamic inheritance law through mobile applications. Existing studies focus on technical development and quantitative user acceptance, neglecting users' interpretive practices, religious evaluations, and socio-cultural meanings in digital interactions. This study analyzes user experiences and perceptions of Islamic inheritance applications in Indonesia to understand how digital technology shapes and is shaped by Muslim users' religious practices. Employing netnography, this qualitative study examines 679 user reviews from eight Islamic inheritance applications on Google Play Store, scraped via Python on January 11, 2026. Analysis involved mapping application features into digitalization approaches, classifying reviews by sentiment, conducting thematic analysis, and examining fiqh-specific critiques to assess religious authority dynamics. Three digitalization approaches were identified: calculator-focused, educational, and multi-madhhab platforms. Positive themes included ease of use (29%), educational value (26%), fiqh accuracy (21%), methodological transparency (14%), and spiritual significance (10%), while negative dimensions covered fiqh errors (36%), feature limitations (24%), technical issues (17%), interface problems (11%), and monetization concerns (12%). Users demonstrate critical digital-religious literacy, evaluating applications against traditional religious authority rather than treating them as autonomous replacements, positioning these applications as mediators for informed negotiation at the intersection of technology, religious knowledge, and cultural values.

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