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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 15 Documents
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Search results for , issue "vol 7, no 3 (2026)" : 15 Documents clear
Restorative Justice And As-Ṣulhu In Islamic Law: A Maqaṣid Sharia Perspective On Criminal Justice Reform In Indonesia Hasna Afifah
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19752

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) replaces the Dutch colonial legacy of the Criminal Code, which served as the basis for material law. Formal legal reform is also crucial to create harmony in law enforcement. The reform of criminal law in Indonesia demonstrates a new direction by using a more restorative and humanistic approach, not solely emphasizing the aspect of retaliation. One of the materials of the Criminal Code reform is the concept of restorative justice, which in Arabic is called as-sulhu (peace/reconciliation). In Islamic law, as-sulhu is an alternative dispute resolution by producing a peaceful agreement between the two parties, this is in line with the values of restorative justice adopted in criminal law. This article aims to examine the relevance of the concept of as-sulhu in criminal law reform from the perspective of maqasid sharia. This study uses normative methods and a conceptual approach to examine the new Criminal Code, utilizing the theory of maqasid Sharia as an analytical tool. The results explain that the concept of restorative justice aligns with the principles of as-ulhu in Islamic law, which prioritizes public welfare. Within the national Criminal Code, there is an opportunity to integrate the values of as-ulhu through a restorative justice approach. This study also emphasizes the urgency of the relevance of sharia values to the national legal system, both of which aim to realize substantive justice that is responsive to religious and socio-cultural values for Indonesian society
Reconstruction of Morality Offenses in the New Criminal Code: A Study of Article 412 from the Perspectives of Positive Law and Islamic Criminal Law Fairuz Abdul Haq; Martin Rahmat Hidayat
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19619

Abstract

Reconstruction of Morality Offenses in the New Criminal Code: A Study of Article 412 from the Perspectives of Positive Law and Islamic Criminal Law
The Relevance of Qur'anic Ethics in Overcoming Hoaxes and Cyberbullying: A Study of Al-Munir's Interpretation and Al-Ghazali's Thoughts Mahrunnisai Zulfa; laily Liddini
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19748

Abstract

Lies and ridicule in digital media exacerbate the spread of hoaxes and cyberbullying, damaging social relations and morals, the purpose of this study is to examine the relevance of the ethics of the Qur'an in overcoming it through Tafsir al-Munir by Wahbah Az-Zuhaili and the thoughts of Imam Al-Ghazali. This type of research is a literature study, with a thematic interpretation approach, the primary data sources are the Qur'an, Tafsir al-Munir, and Ihya 'Ulumuddin and secondary data sourced from books, journal articles and other documents, data collection techniques through documentation techniques and analyzed using descriptive-analytical analysis techniques and content analysis. The results of the study show that Qur'anic ethics are effective in building digital literacy and moral integrity of society to prevent the spread of hoaxes and acts of cyberbullying in the digital era. The integration of Qur'anic ethical values in the thoughts of Wahbah Az-Zuhaili and Al-Ghazali has proven to be a moral foundation in dealing with various deviations in digital communication.
Future Challenges and Strategic Directions of Zakat Management in Indonesia’s National Legal System Hendriko Arizal; Ahmad Iffan; Roni Efendi
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19839

Abstract

Zakat plays an important role in supporting social welfare and poverty alleviation in Muslim societies. In Indonesia, zakat management has developed significantly following the enactment of Law Number 23 of 2011 concerning Zakat Management. Despite Indonesia’s large zakat potential, various legal, institutional, and technological challenges continue to hinder the optimization of zakat governance. This study aims to examine the future challenges and strategic directions of zakat management within Indonesia’s national legal system. The research employs normative legal research using statutory, conceptual, and limited comparative approaches. The findings indicate that Indonesia has established a relatively strong legal framework through BAZNAS, LAZ, and UPZ institutions. However, several problems remain unresolved, including overlapping institutional authority, weak supervision mechanisms, disparities in institutional capacity, limited public participation, and the gap between zakat potential and actual collection. In addition, digital transformation has introduced new opportunities as well as challenges related to transparency, accountability, cybersecurity, and digital governance. Therefore, strengthening zakat management in Indonesia requires institutional harmonization, adaptive legal reform, stronger digital governance, and better integration between Islamic social finance and national public policy in order to support sustainable social welfare and economic empowerment
Reconstructing Legal Certainty in Indonesia from the Perspective of Siyāsah Syar‘iyyah: From Legal Formalism to Substantive Justice Sutarja Sutarja; Holijah Holijah
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19797

Abstract

Legal certainty constitutes one of the fundamental pillars of a state governed by the rule of law, serving to ensure order, justice, and the protection of citizens’ rights. However, the implementation of law in Indonesia continues to face various challenges, including overlapping regulations, inconsistencies in law enforcement, disparities in judicial decisions, and a tendency toward legal formalism that often neglects the public sense of justice. This article aims to analyze the problems of legal certainty in Indonesia and to propose a reconstruction of the concept of legal certainty from the perspective of Siyāsah Syar’iyyah. This research employs a normative legal research method using conceptual, statutory, and philosophical approaches. The sources of data include legislation, constitutional law literature, Islamic legal scholarship, and relevant scientific journal articles. Data were collected through library research and analyzed using qualitative methods with deductive-inductive reasoning. The findings indicate that the paradigm of legal certainty in Indonesia remains predominantly influenced by a positivistic approach that views law merely as a body of written norms. From the perspective of Siyāsah Syar’iyyah, legal certainty is not only understood as compliance with legal texts but also as an instrument for realizing substantive justice for all citizens. The reconstruction of legal certainty should therefore be directed toward the integration of legality, justice, and public welfare (maslahah) through the development of responsive regulations, the strengthening of the integrity of law enforcement institutions, the harmonization of legislation, and the implementation of the principles of Maqāṣid al-Sharī‘ah in both the legislative process and law enforcement practices
Dynamic of Thought on Asbābun Nuzūl : A Comparative Study by Andrew Rippin, Muhammad Syahrur and Roem Rowi Muhammad Khoirul Rizal Affandi; Tesa Maulana
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19768

Abstract

This comparative study is motivated by the shift in the significance of Asbābun Nuzūl from a classical instrument to an object of epistemological debate. This research employs a library research method with an interpretive approach. Primary data sources consist of the works of Andrew Rippin, Muhammad Syahrur, and Roem Rowi, while secondary data sources include Qur'anic studies books and relevant journal articles. Data were collected through documentation and analyzed using comparative techniques. The findings reveal that Rippin presents a critical and skeptical perspective regarding the authenticity of Asbābun Nuzūl narratives. Syahrur emphasizes the socio-historical context and limits the relevance of Asbābun Nuzūl . Roem Rowi offers a balanced approach by integrating historical, linguistic, and thematic dimensions.
Indonesian Islamic Banking Transformation Strategy in the Digital Era: Analysis of Challenges, Opportunities, and Development Directions Junda Harahap; Amhar Maulana Harahap; Putra Halomoan Hsb
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19975

Abstract

Digital transformation has significantly changed the financial industry landscape and requires Islamic banking to adapt to remain competitive amidst developments in financial technology (fintech), neobanking, and changing customer behavior. This study aims to analyze the challenges, opportunities, and development direction of Indonesian Islamic banking in the digital era. This research is a normative legal study with a qualitative approach. The approaches used include a conceptual approach and a statutory approach. Data sources consist of primary data obtained from regulations, reports, and official publications of the Financial Services Authority (OJK), Bank Indonesia, and other relevant institutions. Secondary data are obtained from books, journal articles, previous research results, and various relevant literature. Data collection techniques were conducted through documentary studies, while data analysis was conducted qualitatively through the stages of data reduction, data presentation, and drawing conclusions. The results show that Islamic banking in Indonesia has significant potential for growth, supported by Muslim demographics, digital economic growth, and the development of the halal industry. However, this industry still faces challenges such as low Islamic financial literacy, limited capital, and lagging technological infrastructure. Therefore, the transformation strategy needs to focus on accelerating service digitalization, strengthening capital structures, developing human resources, and optimizing real-sector financing so that Islamic banking can become a leading financial institution that is competitive, inclusive, and sustainable
The Controversy over the Use of 14-Karat Gold Nisab in Determining Professional Zakat: A Fiqh Review and Its Impact on Zakat Justice Imam Agung Prakoso
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19780

Abstract

This study examines the controversy surrounding the use of 14-karat gold in determining the nisab for professional zakat from the perspective of Islamic jurisprudence (fiqh) and distributive justice. However, the policy implemented by the National Zakat Agency (BAZNAS) using 14-karat gold has sparked debate due to its potential to lower the real value of the nisab. This study employed library research with a qualitative approach. Primary data came from the Qur'an, hadith, and policy documents related to the nisab for professional zakat, while secondary data were obtained from relevant fiqh books, books, and scientific journal articles. The results indicate that the use of 14-karat gold, although facilitating the implementation of zakat, has the potential to expand the obligation of zakat to groups who are not yet fully economically capable. From the perspective of maqashid sharia, this could disrupt the principles of justice (al 'adl) and balance (tawazun). Therefore, a more integrative reconstruction of the nisab standard is needed to align with the principles of Islamic jurisprudence and the goals of social justice in zakat.
Revitalization of the Function of Satlinmas in the Implementation of Minister of Home Affairs Regulation Number 84 of 2014 from the Perspective of Fiqh Siyāsah Tanfīdziyah M. Yudi Setiawan; Fathul Mu'in; Rudi Santoso
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19837

Abstract

The Community Protection Unit (Satlinmas) is a strategic regional government apparatus in maintaining public order, peace, and community protection. The existence of Satlinmas is specifically regulated in the Regulation of the Minister of Home Affairs Number 84 of 2014 concerning the Implementation of Community Protection. This study aims to analyze the role of Satlinmas in the implementation of the Ministerial Regulation and examine it from the perspective of fiqh siyāsah tanfīdziyah. This research employs a library research method using normative-juridical and siyasah syar‘iyyah approaches. Data were collected through the study of legislation, classical fiqh siyasah literature, scientific journals, and other relevant academic sources The research results show that Satlinmas plays a crucial role in protecting the community through security, disaster management, and the maintenance of public order. However, the implementation of the Minister of Home Affairs Regulation Number 84 of 2014 still faces challenges, including limited human resources, limited training, weak coordination, and insufficient budget support. From the perspective of Fiqh Siyāsah Tanfīdziyah, the existence of Satlinmas aligns with the principles of siyāsah syar‘iyyah in maintaining public welfare, public security, and fulfilling the government’s mandate and responsibility towards the people. Therefore, optimizing Satlinmas is crucial to support effective regional governance that is oriented towards the public welfare.
Restorative Justice in Islamic Criminal Law: A Comparative Study of Diyat and Modern Victimology Muhammad Jaelani; Fadhli Muhaimin Ishaq; Muhammad Yusuf
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19666

Abstract

Contemporary criminal justice systems, largely influenced by retributive penal theory, have been criticized for their limited capacity to address victims’ interests. Indonesian positive law, including Law No. 31 of 2014 on the Protection of Witnesses and Victims and Law No. 20 of 2025 on Criminal Procedure Law, also continues to exhibit normative gaps in victim-centered justice mechanisms. This article examines diyat in fiqh jinayah as an instrument of restorative justice and analyzes its contribution to the development of Islamic victimology within contemporary criminal law. This study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal sources consist of the Qur’an, Hadith, and classical fiqh jinayah literature, while secondary sources include legislation, international legal instruments, books, and scholarly journal articles. Data were collected through library research and analyzed using qualitative descriptive and comparative methods. The study identifies four major contributions of diyat to contemporary victimology. First, diyat provides structural compensation guarantees through the institution of ‘aqilah, which distributes financial responsibility collectively. Second, it recognizes victim autonomy as a juridical right through haqq al-adami, granting determinative authority to victims or their legal heirs. Third, the mechanism of ‘afw (forgiveness) incorporates moral and relational restoration beyond conventional restitution. Fourth, diyat institutionalizes community participation through ‘aqilah and ‘asabiyyah (social solidarity). These principles constitute a coherent framework of Islamic victimology compatible with universal restorative justice principles and relevant to Indonesia’s criminal justice reform.

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