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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 5 Documents
 1 
Search results for , issue "Vol 7, No 2 (2026)" : 5 Documents clear
Ahlul Bait in the Qur'an: Tafsir Ath-Thabari in the Perspective of Hermeneutics Nasr Hamid Abu Zayd Riski Suriani Lubis; Romlah Widiyati; Ahmad Syukron
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19573

Abstract

This study aims to examine the meaning of Ahlul Bait in the Qur’an through a comparative analysis between the classical exegesis of al-Ṭabarī and the critical hermeneutical approach of Nasr Hamid Abu Zayd. This research is qualitative in nature and employs a library research method, using content analysis and critical hermeneutics as its analytical approaches. The data sources consist of primary data, namely al-Ṭabarī’s Jāmi‘ al-Bayān ‘an Ta’wīl Āy al-Qur’ān and the works of Nasr Hamid Abu Zayd, as well as secondary data from tafsir literature and contemporary hermeneutical studies. Data were collected through documentation by identifying and classifying Qur’anic verses related to Ahlul Bait. The data analysis was conducted by examining al-Ṭabarī’s interpretation based on the riwāyah approach and comparing it with Abu Zayd’s hermeneutical framework to reveal the relationship between text, context, and reader. The findings indicate that al-Ṭabarī’s interpretation reflects Sunni theological constructs shaped by historical and socio-political contexts, while Abu Zayd’s hermeneutics opens broader possibilities for reinterpretation. This study concludes that the meaning of Ahlul Bait is dynamic, not merely genealogical, but also represents ethical and spiritual values.
Regional Autonomy in the Indonesian Constitutional System: Between Decentralization and Centralization Mardona Siregar
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19592

Abstract

Regional autonomy is a strategic policy within the Indonesian state system, aimed at creating an effective, democratic, and responsive government. However, in practice, the implementation of regional autonomy still faces a dynamic tug-of-war between decentralisation and centralisation, giving rise to problems such as overlapping authority, regional fiscal dependence, and a tendency towards recentralization by the central government. Therefore, this study aims to analyse the concept, legal basis, and implementation of regional autonomy in the context of the relationship between the central and regional governments. This study uses normative legal research with a statutory and conceptual approach. Data sources consist of primary legal materials, such as the 1945 Constitution and Law Number 23 of 2014 concerning Regional Government, as well as secondary legal materials in the form of books, scientific journals, and previous research results. Data collection techniques were carried out through literature studies, while data analysis techniques used descriptive qualitative analysis by systematically interpreting and reviewing legal materials. The results of the study indicate that the implementation of regional autonomy in Indonesia is not fully optimal due to the ongoing imbalance between central and regional authorities. In addition, policy inconsistencies were found that trigger a tendency towards re-centralisation. Therefore, it is necessary to harmonise regulations, strengthen regional capacity, and maintain policy consistency to create an ideal balance between decentralisation and centralisation within the framework of the Unitary State of the Republic of Indonesia.
Reactualizing Islamic Inheritance Law: Munawir Sjadzali’s Perspective on Gender Equality in Indonesia Arief Rahman Riyanda
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19527

Abstract

This research analyzes Munawir Sjadzali’s reactualization of Islamic inheritance law in Indonesia, motivated by the tension between the 2:1 ratio and modern roles of women. Method: qualitative library research. Approaches: normative-philosophical and sociological. Primary data: Sjadzali’s "Hukum Waris Islam di Indonesia," "Ijtihad Kemanusiaan," and "Kontekstualisasi Ajaran Islam." Secondary data: journals, theses, and Yogyakarta Religious Court Decision No. 207/Pdt.G/2023/PA.Yk. Data collection: documentation. Data analysis: content analysis. Results indicate the 1:1 ratio proposal addresses Muslims' "ambivalent attitude" in using hibah for justice. This ijtihad, based on Maslahah theory and Umar bin Khattab's precedents, establishes an adaptive "Indonesian Fiqh." Its relevance is evidenced by judicial practices accommodating equal distribution via islah. It recommends reforming the Compilation of Islamic Law (KHI).
Analysis of the Effectiveness of Divorce Procedures for Government Employees with Employment Agreements in Parepare City: Siyasah Idariyah's Perspective A.Nurgasmin A.Nurgasmin; Hasanudin Hasim; Dirga Achmad; Syafaat Anugrah Pradana
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19564

Abstract

This study is motivated by the lack of clarity in administrative regulations regarding divorce procedures for Government Employees with Work Agreements (PPPK), as existing regulations are more focused on Civil Servants (PNS), resulting in normative and practical ambiguities. This study aims to analyze the effectiveness of divorce procedures for PPPK in Parepare City by assessing the conformity between regulations and administrative practices implemented by the regional Personel and Human Resource Development Agency (BKPSDMD). This research is a qualitative study with a normative-empirical approach. Data were obtained from primary sources through interviews and observations, as well as secondary sources in the form of laws and regulations and related documents. Data collection techniques were carried out through observation, interviews, and documentation, then analyzed qualitatively. The results show that the divorce procedures for PPPK have been implemented through administrative mechanisms with the role of BKPSDMD as the institution providing recommendations for divorce permits. The process generally takes about one month, although there are still obstacles in the form of administrative completeness and mediation processes. Thus, the effectiveness of PPPK divorce procedures is not only determined by administrative aspects, but also by legal certainty and the value of public benefit from the perspective of siyasah idariyah.
Fasakh as an Instrument of Protection and Justice in Marriage: An Analysis of Zainuddin al-Malibari’s Thought in Fathul Mu’in and Its Relevance in Indonesia Rasyidin Rasyidin; Abdul Manaf
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19437

Abstract

This study is motivated by the importance of mechanisms for the dissolution of marriage that do not merely emphasize formal-legal aspects, but also ensure the protection of rights and justice for the parties involved. In Islamic law, fasakh serves as one such instrument; however, in practice, it is often narrowly understood and not optimally implemented in society. Furthermore, social dynamics and the increasing number of injustices within households demand a more comprehensive understanding of the concept of fasakh as a just solution. Therefore, this study aims to analyze the thought of Zainuddin al-Malibari in Fathul Mu‘in regarding the concept of fasakh and to examine its relevance within the Indonesian marriage law system. This research employs a qualitative method with a library research approach. The approaches used are normative and historical. The primary source is the classical text Fathul Mu‘in, while the secondary data include classical and contemporary fiqh books, scholarly journal articles, and Indonesian legal regulations, particularly the Compilation of Islamic Law. Data collection is conducted through documentation studies, and data analysis uses a descriptive-analytical method with deductive and comparative reasoning patterns. The findings of this study indicate that fasakh, in the thought of Zainuddin al-Malibari, functions as an instrument of protection for parties harmed within a marriage, such as in cases of physical or psychological defects, inability to provide maintenance, neglect, and other forms of harm. This concept underscores the importance of substantive justice and the protection of individual rights within marital relationships. In the Indonesian context, the principles of fasakh have strong relevance to positive law, particularly within the Compilation of Islamic Law, which also accommodates grounds for divorce in order to realize balanced protection and justice for both husband and wife.

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