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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 8 Documents
 1 
Search results for , issue "Vol 7, No 1 (2026)" : 8 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.
Child Custody (Hadhanah) in Islamic Family Law in Minangkabau Society Pertiwi, Dian; Firdaus, Firdaus
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.v7i1.18929

Abstract

Childcare in Islamic family law in Minangkabau is interesting to study because it lies at the intersection of sharia and matrilineal customs, thereby strengthening the role of the maternal line. This dynamic becomes increasingly complex, especially in the context of divorce, so it is important to analyze how harmonization between Islamic law and customs is implemented in practice. This study aims to determine the concept of childcare (hadanah) in Minangkabau society, whether it is a manifestation of maternal nature alone or is more influenced by the social environment and local customs. This study is a field research study with a qualitative approach, which aims to describe and analyze the empirical reality of post-divorce childcare within a matrilineal kinship system. Primary data were obtained from 25 divorced married couples: mothers, a grandmother, a traditional head (penghulu or KAN), seven datuak (customary leaders), religious figures (ulama or cadiak pandai), community leaders who are considered experts and familiar with the problems in this study, and secondary data from books, articles, and documents deemed necessary. Data was obtained from observation, interviews and documentation and then analyzed using descriptive analytical techniques. These findings demonstrate maternal dominance in parenting, where mothers are not only responsible for the education and care of children but also serve as the primary breadwinners. This situation potentially puts children at risk of losing their right to attention and support from their fathers. Matrilineal kinship in Minangkabau also contributes to low paternal involvement, including the fact that children live with their mothers, the shame of visiting their ex-wife's home, and inherent traditional perceptions. Thus, the practice of hadanah in Minangkabau is more strongly influenced by local customs and traditions.
The 1955 General Election as the Ethical Foundation of Indonesian Democracy: A Normative-Historical and Islamic Political Perspective Putri, Nirwana; Fatimah, Siti
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.v7i1.19170

Abstract

This research examines the dynamics of the 1955 General Election in Indonesia and Muhammad al-Ghazali’s perspective on electoral systems in the context of the modern state. The 1955 election marked a significant milestone in Indonesia’s democratic developm ent, applying a proportional electoral system with high voter participation. It successfully established an inclusive, accountable, and integrity-based electoral legal framework. Meanwhile, al-Ghazali’s thought highlights that democratic principles such as shura (consultation), justice, and public participation are compatible with Islamic values. Modern elections are viewed as a practical realization of shura in complex societies where direct deliberation is no longer feasible. The academic contribution of this study lies in affirming that democratic electoral systems can be grounded in Islamic ethical values, and that the historical experience of the 1955 election offers a relevant model for developing progressive electoral regulations. This research enriches the discourse on Islamic political thought and Indonesian electoral law within the context of inclusive and ethical democracy
Internal Democratization of Political Parties and Limitation of the Power of the General Chairperson in the Indonesian Party System Kurniawan, Hendrik; Susilo, Wendari Iga
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.v7i1.18688

Abstract

The dominance of political party chairmen in the process of formulating public policy in Indonesia indicates a serious problem in democratic practices. The common fact that every draft law discussed in parliament must be approved by the party chairmen indicates an excessive centralization of power in the hands of political party chairmen. This condition creates a paradox, where political parties, as a means of articulating and aggregating public interests, actually become instruments of the interests of a handful of elite parties. This study aims to determine the level of democracy within political parties and examine how to constitutionally limit the term of office of political party chairmen. This study uses a normative legal research method with a statute approach. The legal sources used are primary legal sources, namely legal materials that include provisions of applicable laws and regulations and secondary legal materials that support primary legal sources, namely scientific journals related to public office and justice. Data collection techniques use legal interpretation and are analyzed using analytical descriptive techniques. The results of this study indicate that the general chairperson of a political party still holds absolute power without adequate control mechanisms, including the absence of term limits which allows for the emergence of a prolonged political oligarchy. Reconstruction of the political party system can be carried out by conducting a judicial review of Article 23 paragraph (1) of the political party law or by revising the political party law organically through the legislative body
Village Fund Governance in Realizing Justice and Public Welfare Based on Siyasah Sharʿiyyah location (The case study in Pekon Way Batang, Indonesia) Umaro, Ilham; Karini, Eti; Burhanuddin, Ahmad
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.v7i1.19310

Abstract

This study examines the management of Village Funds in Pekon Way Batang, Lemong District, Pesisir Barat Regency, through the normative-empirical framework of siyāsah shar‘iyyah. The urgency of this research lies in the limited scholarly integration between positive law perspectives and Islamic ethical-moral principles in Village Fund governance. This field research employs a qualitative juridical-empirical approach. Primary data were collected through interviews with village officials, community leaders, youth representatives, and local residents, while secondary data were derived from statutory regulations and relevant documents. The findings indicate that Village Fund management is relatively participatory, transparent, and responsive to community needs, particularly through Village Deliberation (Musyawarah Desa) mechanisms. From the perspective of siyāsah shar‘iyyah, these practices reflect the implementation of justice (al-‘adl), consultation (shūrā), and public welfare orientation (al-maṣlaḥah al-‘āmmah). Budget prioritization for vulnerable groups demonstrates distributive justice, while budget transparency and complaint mechanisms embody the contemporary function of hisbah (public oversight). Nevertheless, limited human resource capacity among village officials remains a structural challenge that may affect administrative effectiveness and sustainability. Overall, Village Fund governance in the research location tends to align with the principles of siyāsah shar‘iyyah, although institutional strengthening and enhanced supervisory mechanisms are necessary to achieve substantive justice and optimal public welfare.

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