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Eksistensi Sompa sebagai Representasi Kelas Sosial dalam Perkawinan Adat Bugis Soppeng Perspektif Hukum Islam Adam, Aldi; Baldan Haramain, Fathur
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15671

This study is based on the reality of the Bugis Soppeng community. Where the community has customs or habits in giving a dowry called Sompa. Like dowries in general, Sompa is also given at the time of the contract or after the contract. However, in the provisions of Sompa, social strata is the main reference in the amount of property that must be given by the groom to the bride. The purpose of this study is to examine how to determine sompa based on the social strata of the Bugis Soppeng tribe. This study is a qualitative study with a descriptive-analytical type, which uses primary data in the form of interviews with three informants, namely traditional leaders, religious leaders, and traditional community actors, as well as secondary data in the form of literature, traditional documents, and Islamic law references. Data collection techniques are carried out through observation, in-depth interviews, and documentation. Furthermore, data analysis is carried out qualitatively through the stages of data reduction, data presentation, and drawing conclusions. The results of this study indicate that Sompa based on social stratification in the Bugis Soppeng community is based on several factors including heredity, wealth, education, position, and honor. The size of Sompa depends on the social strata of the woman and her parents. In Islamic Law, the size of the dowry is not determined by a maximum limit. The size used by the Bugis Soppeng community is a customary size, where the practice of sompa' is a negotiation between the man and the woman and there is no coercion. In other words, it does not contradict Islamic Law. Based on the concept of al-'Adah Muhakkamah, customary practices can be accepted as long as they do not conflict with Islamic Law.

Menelisik Legalitas Perkawinan Beda Agama di Indonesia: Analisis Yuridis dan Implikasinya dalam Hukum Perkawinan Muzakkir, Muzakkir; Muzakir, Kahar; Muhazir, Muhazir
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15260

The legality of interfaith marriage in Indonesia remains a controversial issue, reflecting the legal uncertainty faced by couples of different religious backgrounds. Regulatory ambiguity has led to an increase in applications for marriage validation in court, indicating the need to re-evaluate the principle of legality within the national legal system. This study aims to offer a new perspective that distinguishes it from previous research by analyzing and highlighting the regulatory ambiguity surrounding interfaith marriage in Indonesia. This is a normative legal study employing a juridical-normative approach. Primary data is derived from Law No. 1 of 1974 on Marriage and Law No. 23 of 2006 on Population Administration; secondary data includes legal literature, journals, and empirical research directly related to the topic. Data is collected through literature review and analyzed using a descriptive-analytical method. The findings indicate a legal vacuum and normative inconsistencies that complicate the registration and legal recognition of interfaith marriages. From the perspective of Islamic law, the majority of scholars declare such marriages invalid, particularly when the woman is a Muslim, based on Qur'anic verse Al-Baqarah 2:221. In judicial practice, jurisprudence such as Supreme Court Decision No. 1400 K/Pdt/1986 affirms that the validity of marriage must be based on the provisions of each party’s religion. Meanwhile, actual cases show that some couples marry abroad and subsequently register the marriage in Indonesia as a shortcut to bypass domestic legal barriers. This study recommends harmonizing regulations between the Marriage Law and the Population Administration Law, formulating specific norms on interfaith marriage, and strengthening the role of religious and judicial institutions in providing legal clarity, certainty, and inclusive justice.

Maqashid Syariah dalam Pengasuhan Anak di Indonesia Telaah Hadis Nabi dan Implikasinya dalam Hukum Keluarga Islam Abror, Mhd.; Akbarizan, Akbarizan; Munir, Akmal Abdul
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.15108

Maqashid Sharia plays a crucial role in shaping parenting patterns that align with Islamic values. The hadiths of Prophet Muhammad (peace be upon him), as a primary source of Islamic teachings, provide normative guidance for parents in protecting and educating their children and families. The urgency of this research lies in the pressing need to integrate the principles of Maqashid Sharia into parenting practices amid the challenges of modernity and social change, while simultaneously strengthening the foundation of Islamic family law in Indonesia to remain relevant to Sharia values. This study aims to examine the hadiths of Prophet Muhammad (peace be upon him), particularly those related to child education and parenting from the perspective of Maqashid Sharia, and to analyze their implications for Islamic law in Indonesia. The research adopts a qualitative approach using thematic analysis of relevant hadiths. The primary sources include Law No. 1 of 1974 and its amendment, Law No. 16 of 2019, as well as the Compilation of Islamic Law (KHI) and the Hadiths of Prophet Muhammad (peace be upon him). Data were collected through documentation and literature study techniques. The findings indicate that parenting practices based on Maqashid Sharia contribute positively to fostering an Islamic, happy, and harmonious family environment. Furthermore, the study highlights the importance of integrating Maqashid Sharia principles into family law policies and emphasizes the need to enhance parental education to ensure the implementation of parenting practices in accordance with Islamic teachings.

Penciptaan Nabi Adam dan Tugasnya di Bumi (Studi Komparasi Alkitab dan Al-Qur’an) Mushofa, Chanif
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.14894

This paper aims to conduct a comparative study of the concept of the creation of the first human (Adam) in two scriptures of Abrahamic religions: the Bible and the Qur'an. The focus of this study is to explore the similarities and differences in the creation of Adam as the first human, as well as the responsibilities and roles assigned to humanity in the world. The research methodology involves textual analysis of the Bible and the Qur'an, along with references from various existing commentaries. The author finds that there are similarities in the elements constituting Adam in both the Qur'an and the Bible. The differences lie in the level of detail regarding the sequence of the creation process. The Bible provides information about the elements involved but does not elaborate on the formation process, whereas the Qur'an presents a more detailed account. Regarding the responsibilities and roles of humanity, the Qur'an outlines two main tasks: to act as stewards in managing and preserving the environment, and to worship, submit, draw closer to, and know their Creator. In contrast, the Bible describes the responsibility of humanity as exercising dominion over the earth and its contents while maintaining balance. It is hoped that the results of this comparative study will enhance understanding of the similarities and differences between the two scriptures on this theme.

Mencegah Kekerasan Seksual Pada Anak: Studi Implementasi Kebijakan Perlindungan Anak di Lampung Tengah Perspektif Siyasah Tanfidziyah Resa, Andi; Frenki, Frenki; Alghifari, Abuzar
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15588

Child protection is a crucial step in efforts to realize child welfare. The government needs to show greater seriousness in implementing child protection policies, especially related to cases of sexual violence against children. This study aims to determine the extent to which the Central Lampung Regency Government exercises its authority in implementing child protection policies related to Siyasah Tanfidziyah. The type of research is field research conducted at the Women's Empowerment and Child Protection Service of Central Lampung Regency, with a qualitative approach. Primary data are collected through interviews with the Women's Empowerment and Child Protection Service of Central Lampung, as well as with victims and their parents. Secondary data are sourced from books, journals, and other relevant documents. The author's data collection technique uses interview and documentation methods. Furthermore, the data is analyzed using descriptive techniques. Based on the results of the study, the government has taken various steps to prevent violence against children, including through education and socialization to the community about the dangers of sexual violence. However, the implementation of these efforts still faces several obstacles, such as budget limitations that hinder the program's reach to all regions, especially considering the large geographical conditions of Central Lampung Regency. In addition, the low level of public awareness of the importance of child protection, especially from sexual violence, is also a challenge in itself.

Urgensi Pendekatan Ta‘līl al-Aḥkām dalam Reformasi Hukum Pidana Islam Kontemporer Efendi, Zulfan
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15256

The urgency of discussing ta‘līl al-aḥkām in the development of modern Islamic criminal law also arises from the need to build legal legitimacy that can be intellectually justified. The objective is to examine how the concept of ta‘līl can be used to reformulate Islamic criminal law to be more adaptive to contemporary societal dynamics without compromising its normative essence. This research is qualitative in nature, employing a descriptive-analytical approach. The data sources in this study consist of secondary data obtained from classical and contemporary books and scriptures. Data collection techniques involve documentation, namely collecting, recording, and examining written materials relevant to the research topic. Meanwhile, the data analysis technique used is content analysis, which includes interpretation, classification, and synthesis of the collected data to find the relevance of the ta‘līl al-aḥkām concept to efforts in reconstructing Islamic criminal law in a contemporary context. This approach allows the researcher to identify the historical development of the concept of ta‘līl, the position of ‘illat (legal cause) in the construction of legal rulings, and its implications for the reform of Islamic criminal law. The results of this study indicate that ta‘līl al-aḥkām holds significant potential as a methodological tool to rationalize Islamic criminal law. Although there are criticisms of this approach, such as the risk of subjectivity and distortion of legal meanings, ta‘līl remains relevant for creating a just, contextual, and universally compatible criminal law system. With proper application and rigorous methodological oversight, ta‘līl can serve as a bridge between the Islamic legal tradition and the demands of modernity

Transaksi Bank Syariah Dengan Non Muslim Ditinjau Dari Hukum Ekonomi Syariah Khodijah, Siti; Hsb, Putra Halomoan; Lubis, Ihsan Helmi
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.15130

This research examines the legal review of Islamic economic law regarding transactions between Islamic banks and non-Muslims in Pasar Sipirok village in South Tapanuli Regency. The background of this research is based on the observation that the cultural characteristics of Non-Muslims, which often include a lack of cooperation, along with the capitalist spirit commonly associated with Non-Muslims, should make conventional banks, which operate under a capitalist system, a promising investment avenue. However, in reality, a significant number of Non-Muslim customers are also interested in saving their funds in Islamic banking. In the Sipirok market village, the residents are not only Muslims but also non-Muslims. Among those who use Islamic banking services, there are 60 people, 10 of whom are non-Muslims. This research is a field study with a qualitative approach from the perspective of Islamic economic law. The data sources in this study consist of two types: primary data and secondary data sources. The data collection techniques in this research are observation, interviews, and documentation. The data analysis technique used by the researcher in this study is inductive qualitative analysis. The research findings indicate that the views of non-Muslims towards Bank Syariah Indonesia are very positive, as it is a bank that shows tolerance towards non-Muslim customers without discriminating based on religion. It represents an opportunity for growth, as the use of contracts from Bank Syariah Indonesia by non-Muslims can be seen as a chance to develop and understand Islamic financial principles. Non-Muslims experience the services and conveniences provided, so it is not surprising that some non-Muslims choose Islamic banks for their savings and other needs. There are three factors that attract non-Muslims in the village of Pasar Sipirok to use products from Bank Syariah Indonesia: promotion, service, and service reputation.

Perbandingan Perspektif Hukum Pencegahan Kejahatan Dunia Maya dalam Hukum Positif dan Hukum Pidana Islam Zulfahmi, Zulfahmi; Aulia, Putra; Muklis, Maulana; Pulungan, Rosdewi
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.14928

This research aims to identify the limitations of Indonesia’s positive legal regulations in addressing cybercrimes and explore the potential integration of relevant Islamic criminal law principles to enhance law enforcement effectiveness. This research employs a normative legal approach by analyzing legislation, legal doctrines, and relevant literature. Cybercrimes, such as hacking, phishing, malware attacks, and cyberbullying, have severe material, psychological, and social impacts, affecting individuals, businesses, and national security. Indonesia’s positive legal framework, particularly the Electronic Information and Transactions (ITE) Law, prescribes penalties of up to 10 years in prison or fines reaching IDR 10 billion. However, enforcement is often hampered by challenges in proving digital evidence, the anonymity of perpetrators, and jurisdictional limitations. From the perspective of Islamic criminal law, cybercrimes are classified as ta’zir offenses, granting judges the flexibility to determine appropriate punishments based on the severity of the crime. Beyond punitive measures, Islamic law emphasizes restorative justice through sincere repentance (taubat nasuha), ethical awareness, and moral guidance to rehabilitate offenders and prevent recidivism. This study underscores the need for a more integrative approach that combines positive legal mechanisms with Islamic ethical principles. Strengthening cooperation between law enforcement, government institutions, and society is crucial to enhancing cybercrime prevention. By integrating positive law with Islamic criminal law principles, this research proposes a comprehensive strategy to address digital crimes more effectively in Indonesia.

Kalibrasi Arah Kiblat Masjid Di Kecamatan Petir Dengan Metode Segitiga Siku-Siku Dari Bayangan Matahari Ahdi, Hapizul; Faozi, Irfan; Alamsyah, Alamsyah
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15851

This study examines the accuracy of the qibla direction of mosques in the Petir subdistrict. From observations made using Google Earth, many mosques do not face the Kaaba. When investigating the mosques that were indicated to be misaligned, it was found that the mosque management boards had not yet made any efforts to remeasure the qibla direction. This serves as the basis for the researcher to investigate the accuracy of the qibla direction of mosques in Petir subdistrict. This study employs a field research method. Primary data sources include interviews with ten mosque management committee (DKM) chairpersons. Data collection techniques included observation, interviews, and direct measurement of the qibla direction of the mosques. For the accuracy test of the qibla direction, the researcher used the right-angle triangle method based on the shadow of the sun. After the data was obtained, it was analyzed using qualitative descriptive techniques. The results of the study revealed that out of the ten mosques studied, only one mosque used the rubu’ mujayyab method to determine the qibla direction, while the other nine used a compass. The accuracy of the qibla direction in mosques in Petir Subdistrict shows considerable variation; one mosque is categorized as accurate, eight mosques are less accurate, and one mosque is inaccurate. This deviation occurs because during the initial measurement for mosque construction, accurate data and methods were not used. Therefore, prayers performed in mosques with inaccurate qibla directions are invalid according to the opinion of Imam Shafi'i. For this reason, it is necessary to adjust the qibla direction in accordance with the calibration results.

Perlindungan Hukum terhadap Istri dalam Perkawinan Poligami di Provinsi Riau Kholid, Andre; Akbarizan, Akbarizan; Munir, Akmal Abdul
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15264

Legal protection for wives in the context of polygamy is important to examine, considering that not all polygamy practices are carried out in accordance with applicable legal provisions. In addition, the existence of strong Islamic legal norms and customary norms in Riau Province also influences the views and implementation of polygamy in society. The purpose of this study is to determine the form of legal protection for wives in polygamous practices in Riau Province. This type of research is qualitative research. Primary data sources were obtained through interviews with wives of polygamists, husbands, community leaders, and religious and legal institutions. Secondary data comes from official documents, legal literature, laws and regulations, and previous research results. Data collection techniques are interviews and documentation, then analyzed using analytical descriptive techniques. The results of this study indicate that legal protection for wives in polygamous marriages in Riau Province involves two main aspects, namely preventive and repressive protection. Preventive protection is realized through strict requirements, such as the consent of the first wife and court permission before carrying out polygamy, to ensure that the wife's rights are maintained. Meanwhile, repressive protection provides a legal mechanism for wives who are harmed, such as the cancellation of an invalid marriage. Overall, Indonesian law provides guarantees for wives in polygamous marriages to ensure justice and protection of their rights.

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Mustafid

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JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara

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Kota padangsidimpuan,

Sumatera utara

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Mustafid

Contact Email fidmusta22@gmail.com

Phone +6285211335664

Journal Mail Official Elthawalib@gmail.com

Editorial Address JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara

Location Kota padangsidimpuan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Mustafid

Contact Email
fidmusta22@gmail.com

Phone
+6285211335664

Journal Mail Official
Elthawalib@gmail.com

Editorial Address
JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA