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Aktualisai Dan Dampak Hadhanah Pada Anak Yang Tidak Diasuh Oleh Salah Satu Orang Tua (Studi di Kapanewon Piyungan) Khiyaroh, Khiyaroh
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.v6i2.15173

Hadhanah applied by parents who are still complete with parents who have disappeared or separated, there must be differences. A child who is cared for by a parent who is complete and both give each other attention will grow up better than one who is only cared for by one of the parents. This study examines how the concept of hadhanah applied by parents is incomplete to children, and how it affects children who grow up without the role of parents who are complete with the perspective of Islamic law and positive law. In reality, in the environment of children who grow up without the role of one of the fathers or mothers, there is a negative impact that arises on the child. This research is a field research conducted in Kapanewon Piyungan, Bantul Regency, DIY with a qualitative research type. The approach in this study is with a positive legal approach and Islamic law with the theory of sharia maqashid. The author took data by direct interviews with the source. Then the data from the interview results were analyzed with the approach of the Marriage Law and the theory of maqashid as-sharia. The results of the study are that not all single parents can maximize into two roles as a father and mother at the same time. This causes negative impacts on children, including psychological disorders, deviant behavior and lack of socialization. In the study of Islamic law, it is not in accordance with the principles of hifzh nasl and hifzh aql.

Identity Politics in the Frame of Maqāṣid Syarī`ah: Realizing Just and Civilized Pluralism in Indonesia Hasibuan, Indah Malini
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.16759

Identity politics is a growing phenomenon in democratic countries, particularly within multicultural societies such as Indonesia. On one hand, identity politics may serve as a medium for minority groups to gain recognition and assert their identity. On the other hand, it may be utilized as a tool to influence the public to gain political support in the name of religion, race, ethnicity, or particular social groups. This paper aims to examine identity politics through the lens of maqāṣid syarī`ah as an effort to realize a just and civilized form of pluralism. Maqāṣid syarī`ah, as a fundamental principle or objective of Islamic law, aligns with the diverse reality of Indonesian society, both religiously and culturally, by emphasizing the protection of religion, life, intellect, lineage, and property. This research employs a qualitative descriptive method, grounded in a literature review, utilizing an approach that involves collecting various written sources. Primary data include Law Number 7 of 2017 concerning General Elections and General Election Commission Regulation Number 13 of 2024 concerning Election Campaigns for Governors, Regents, and Mayors. Secondary data are obtained from books, articles, journals, verses of the Qur’an, and official documents related to identity politics. The data analysis technique involves examining and interpreting the meanings and relationships between ideas within the texts to provide a comprehensive understanding of the phenomenon of identity politics. The research findings indicate that identity politics can have negative consequences when elements such as religion, ethnicity, race, and culture are deliberately used to marginalize other groups in political competition. Such practices risk undermining national values rooted in Pancasila, potentially weakening social solidarity and leading to societal fragmentation. Maqāṣid syarī`ah provides a constructive framework for promoting justice and civility amidst differences, particularly by emphasizing the preservation and protection of religion, life, and intellect. Through this perspective, all identities can be valued, respected, and approached with unity and tolerance.

Revitalizing Islamic Law in the Era of Civilizational Crisis: The Role of Transformational Da'wah in Realizing Sharia Order in Indonesia Widoyo, Agus Fatuh; Anang, Moh. Sitoh; Mastori, Mastori
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.16792

The current global civilization, dominated by the secular-capitalist system, has given rise to multidimensional crises, such as moral decadence, socio-economic inequality, and spiritual alienation within society, a phenomenon also felt in Indonesia. In this context, the revitalization of Islamic law is an urgent need as a primary solution to the shortcomings of the secular-capitalist system, particularly in achieving justice, prosperity, and collective piety. This study aims to analyze how transformational da'wah tactics can be used as a means to establish Islamic law amidst the current of secular-capitalist domination. This study employs a qualitative research approach, utilizing a literature review methodology. Therefore, the works of key thinkers and literature on Islamic law, as well as critiques of capitalism, serve as primary sources. Meanwhile, secondary data includes articles, books, and supporting scientific articles. Data collection was conducted by searching relevant literature and documents. Data analysis was conducted both descriptively and analytically by examining key concepts in transformational da'wah and assessing their relevance to Indonesia's socio-political dynamics. This research finds that transformational da'wah, oriented toward ideological renewal and social practice, is crucial for grounding Islamic law amidst the identity and morality crisis of modern society. Transformation is not merely symbolic but also based on a shift in the mindset of the community regarding Islamic ideological awareness as an alternative to the dominance of secular capitalism, which is materialistic and individualistic. To achieve this, transformational da'wah offers three main strategies: developing critical awareness, strengthening the epistemological basis of Islam, and strengthening the da'wah community.

The Role of Ibn Rushd's Hermeneutics in Transmitting Philosophical Interpretation to Western Civilization Hidayat, Muhammad; Agustina, Sri Ayu; Hasbullah, Zainal Abidin
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.16864

This study examines the tradition of philosophical exegesis (tafsir falsafi) as a historical endeavor to harmonize revelation and reason within the intellectual heritage of Islam, with a particular focus on Ibn Rushd’s (Averroes) theological thought and its transformative impact on Western civilization, especially in Scholasticism, the Renaissance, and the Enlightenment. Employing a qualitative-descriptive method based on library research, this study applies a historical-philosophical approach and critical hermeneutics to analyze Ibn Rushd’s major works, namely Fasl al-Maqal and Tahafut al-Tahafut, alongside secondary sources such as the ideas of classical Islamic philosophers (Al-Kindi, Al-Farabi, Ibn Sina, and Al-Ghazali), Western thinkers (Maimonides, Thomas Aquinas, and Siger of Brabant), and other relevant literature. Data were collected through critical literature review, while analysis followed Miles and Huberman’s interactive model, comprising data reduction, systematic data presentation, and verification to ensure valid conclusions. The findings reveal that the Islamic conception of “knowledge” is holistic, value-laden, and rooted in the Qur’anic mandate to optimize reason. Through his three-tier hermeneutics, Ibn Rushd restricted ta’wil to the educated elite and defended philosophy despite Al-Ghazali’s critiques. Although his ideas received limited appreciation in the Islamic world, they were widely adopted in Europe, influencing Maimonides and Thomas Aquinas, and giving rise to Latin Averroism, a controversial movement that nonetheless contributed to the Scientific Revolution. This study underscores the importance of valuing reason, recognizing epistemological pluralism, and exercising prudence in interpretation to safeguard harmony between faith and intellectual progress.

The Hudaibiyah Treaty as a Model for International Treaty Law: Analysis of Siyasah Fiqh and its Relevance for Public Law Palupi, Dwi Astuti; Iffan, Ahmad
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.17033

This study analyzes the Treaty of Hudaybiyyah (6 AH) as a case study in the conception of international treaty law, framing it within the principles of Fiqh Siyasah (Islamic political jurisprudence). The research aims to identify the public law principles contained within the treaty and examine their relevance as a source for enriching contemporary international law. Using a qualitative-normative research method with a library-based approach. Primary sources consist of hadith collections, sirah literature, and classical works on fiqh al-siyasah; secondary sources include books, journal articles, and contemporary studies. Data collection employs library research, and the analysis applies a qualitative-comparative and normative-historical approach. The findings indicate that the Treaty of Hudaybiyyah not only represents a historical event but also serves as a model of diplomacy that emphasizes dialogue, adherence to agreements, and the protection of human rights (particularly in the context of conflict resolution). This analysis reveals that these principles align with several modern international law tenets, such as pacta sunt servanda and the peaceful settlement of disputes. Therefore, this study argues that a review of the Treaty of Hudaybiyyah through the lens of Fiqh Siyasah can provide a significant theoretical contribution to enrich the discourse on public law, while also affirming the relevance of Islamic intellectual heritage as a source of inspiration for shaping a more just and peaceful global order.

The Role of Wife as a Family Economic Supporter of the Shari'ah Maqosid Perspective on Working Workers Imron, M.; Algifari, Muhammad Faiz
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.16780

Wives working in this day and age are not new, there are a lot of wives who work to help support the family economy. This study aims to find out the wife helping to work to support the family income at CV Sindang Kasih Legi in Pageraji Village, Cilongok District, Banyumas Regency reviewed in the context of sharia maqosid. The type of research is field research with a qualitative approach. Primary data is sourced from interviews with five wives who work at CV Sidang Kasih Legi while secondary data comes from books, journals and other documents. The author's data collection technique uses observation, interview, and documentation methods. Furthermore, the data was analyzed using descriptive techniques. Based on the results of the research, it was concluded that the wife worked to support the family income from the perspective of the sharia maqosid at CV Sindang Kasih Legi in accordance with the sharia maqosid, namely being able to maintain religion, intellect, soul, descendants and property and there were those who were included in the darūriyyah level, namely Mrs. Masiroh who worked at the CV because her husband was sick, so Mrs. Masiroh became the backbone of the family for the sake of the survival of her family, some also entered at the level of ḥājiyyah such as Mrs. Casem, Mrs. Narti, Mrs. Hidayah, and Mrs. Maliyatun because their husbands are still working and their income, the wives who work only provide convenience in fulfilling the needs of a better and decent life, for the level of taḥsiniyat which is only a refinement and complement for the The wife who works at CV Siding Kasih Legi who was interviewed by the researcher does not fall into this category. So that the wife who supports the family economy from the perspective of the sharia maqoosid in CV Sindang Kasih Legi in accordance with the sharia maqosid is at the darūriyyah level such as Mrs. Maisaroh, and there are at the ḥājiyyah level such as Mrs. Casem, Mrs. Narti, Mrs. Hidayah, and Mrs. Maliyatun.

The Dialectics of Qur’anic Verses on Social Justice through Contemporary Thematic Exegesis Ashari, Jini Resma; Hairunnisa, Rembulan; Rohmatika, Siti; Sahara, Intan; Habibuddin, Habibuddin
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.16227

The growing social inequality and justice issues in contemporary society call for a renewed understanding of social justice values from the perspective of the Qur’an. This study aims to examine Qur’anic verses on social justice through a contemporary thematic exegesis approach, with the goal of uncovering their universal values and contextualizing them within modern social realities. Employing a qualitative method through library research, the study uses primary data from Qur’anic verses, secondary data from classical and contemporary exegesis, and tertiary data from supporting literature. Data were collected through systematic literature review and thematically classified, then analyzed by integrating the meaning of the verses with both historical contexts and present-day relevance.The findings reveal that the Qur’an outlines comprehensive principles of social justice, including wealth distribution, protection of vulnerable groups, fair law enforcement, and collective responsibility. These verses, when approached thematically, form a dialectic between the Qur’anic text and social reality, where the text provides normative guidance and reality serves as the space for its actualization. Consequently, Qur’anic principles of justice are both normative and operational, providing a basis for public policy, social ethics, and community empowerment. Thematic exegesis thus proves relevant in addressing contemporary challenges such as inequality, injustice, marginalization, and the need for inclusive social ethics in plural modern societies.

Harmonization of Exceptions to The Non-Retroctive Principle Between Positive Criminal Law and Islamic Law From Perspective of Maslahah Mursalah Johar, Rama Dhini Permasari; Desvia, Lusiana
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.15638

General criminal and Islamic criminal law each adhere to the precept of non-retroactivity. but, one of the interesting matters is that there are still exceptions to this non-retroactive principle in each general criminal regulation and Islamic criminal regulation. So the author is very inquisitive about discussing similarly the exceptions to the non-retroactive precept. aside from that, it is also interesting to review the problem aspect of establishing this exception. This targets to better know and understand the reasons and knowledge of the exception to this precept. The sort of studies that the writer carried out became library studies with a qualitative method. The statistics resources in this have a look at are associated documents, particularly the criminal Code, literature in the form of magazine articles inside the Google scholar database, and others. The information collection approach used is purposive sampling. The information analysis technique utilized by the author is content analysis. The effects of this studies monitor that exceptions to the non-retroactive principle in general criminal regulation and Islamic criminal regulation are very suitable and have fantastic blessings while viewed from the maslahah issue due to the fact they involve the benefit of many people/preferred benefit.

Child Protection in the Kid Influencer Era: Regulatory and Law Enforcement Challenges in Indonesia Annisa, Febrina; Gustaliza, Resma Bintani; Pratimaratri, Uning; Wulandari, Riska
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.17051

Advances in information technology and improvements in internet network infrastructure, it is becoming easier for everyone to get and work using information technology. Influencers appear when the methods used in marketing use influencer marketing techniques. Currently, many target marketers use child influencers to target children. Because children are considered unable to determine their own will, the role of various parties is needed to prevent child influencers from being exploited. Using or directing children as influencers compromises children's emotional and physical development. This article uses a normative juridical approach, analyzed qualitatively. According to literature research, Indonesia ratified the UN Convention on the Rights of the Child, as shown by Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child, Amendments to the 1945 Constitution, including Article 28B Paragraph (2), and Law -Law Number 23 of 2002 concerning Child Protection. During the implementation of child protection instruments, all relevant parties must prioritize initiatives that protect children from exploitation.

Affirming Multicultural Values in Contemporary Islamic Constitutional Law: A Study on the Principles of the Medina Charter Nurhikma, Nurhikma; Rain, Titik Jauhar Firdha; Kurniati, Kurniati
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.15100

The Medina Charter represents not only a historical foundation of early Islamic politics but also a relevant paradigm for addressing the challenges of multiculturalism in modern constitutional systems. This study examines the extent to which the principles embodied in the Charter, such as equality of citizens (al-musawah), justice (al-‘adalah), freedom of religion, minority protection, social solidarity, and consultation (shura), can serve as constitutional values to promote inclusive, democratic, and just governance in contemporary contexts. Employing a qualitative-descriptive approach with a normative-juridical analysis, this research examines classical Islamic political texts in conjunction with modern constitutional theories. The findings suggest that, if interpreted contextually and supported by institutional strengthening and constitutional reform, the Medina Charter can provide a constructive framework for establishing a pluralistic and democratic state. Furthermore, the integration of Islamic-based multicultural education is identified as a strategic means to foster collective awareness of peaceful coexistence in diverse societies. This study highlights that the Charter should not remain a static historical document, but instead be viewed as a living constitutional reference capable of inspiring the development of Islamic constitutional practices that promote justice, democracy, and harmony. The novelty of this research lies in its effort to connect early Islamic constitutional values with contemporary challenges of multicultural governance, offering new insights for the actualization of the Medina Charter in modern state systems.

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Mustafid

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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

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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