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The Mechanism of Pregnant Women's Marriage Out of Wedlock at the Sindangkasih District Religious Affairs Office from the Perspective of Islamic Law and Indonesian Positive Law Septian, Muhamad; Atqia, Muhamad Reza; Laela, Novia; Yakub, Sandra Leoni Prakasa; Suryani, Santi
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17437

One phenomenon that continues to generate debate is the practice of marrying pregnant women out of wedlock. Therefore, the purpose of this study is to examine the practice of marrying pregnant women out of wedlock through a comparative analysis of Islamic law, Indonesian positive law, and their implementation at the KUA (Religious Affairs Office) in Sindangkasih District. The study used field research with a qualitative approach. Data sources included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, while secondary data sources included fiqh literature, laws and regulations, and other documents. Data collection techniques included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, and were analyzed using qualitative descriptive techniques. The results of the study indicate differing views in fiqh, with some schools of thought permitting marriage with men who impregnate before birth, while others require a delay to maintain clarity of lineage. In positive law, Article 53 of the Compilation of Islamic Law (KHI) takes a pragmatic approach, permitting such marriages as a form of protection for children and to prevent social stigma. Field findings show variations in practice among marriage registrars due to differences in moral interpretation, social pressure, and understanding of the rules. This study concludes that harmonization among fiqh norms, state regulations, and social dynamics is key to ensuring the continued relevance and contextual applicability of Islamic family law in modern society.

The Role and Authority of Adoptive Fathers in Marriage Guardianship: A Comparative Analysis between Islamic Family Law and Civil Law Thoiyibi, M; Afrizal, Afrizal; Mardhiah, Ainul; Jarullah, Jarullah; Diyetmawati, Diyetmawati
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17655

This article examines the role and authority of the adoptive father in marriage guardianship, employing a comparative approach between Islamic law and civil law. In Islamic law, marriage guardianship is a pillar that must be fulfilled in the implementation of a marriage contract and can only be carried out by a man who has a blood relationship with the bride. In civil law, particularly as outlined in Staatsblad 1917 No. 129, children adopted through a court decision who are legally adopted obtain a legal status equal to that of biological children. This difference has implications for the validity of a marriage. This type of qualitative research uses a normative and comparative legal approach; primary data comes from the Compilation of Islamic Law (KHI), Law Number 1 of 1974 concerning Marriage, the Civil Code (KUHPerdata), and classical and modern literature in Islamic jurisprudence and secondary data comes from the results of previous research, scientific journal articles, Islamic law books, and civil law. Library research is used to collect data from legal documents and scientific literature. The data collected in this study will be analyzed using both descriptive and analytical methods, as well as comparative methods. The results of this study indicate that there are significant differences between Islamic law and civil law in their views on the role of the adoptive father as a marriage guardian. Islamic law explicitly rejects the authority of the adoptive father because there is no blood relationship, while civil law provides equal legal standing between adopted children and biological children through court ratification. This difference has implications for the validity of marriages that can be recognized by the state but not recognized according to Sharia, so it is essential to consider the harmony between the two legal systems in the practice of marriage guardianship in Indonesia

Marriage Agreement as an Effort to Realize a Sakinah Mawaddah Warahmah Family: Analysis Based on the Prophet's Hadith Guspidawati, Lenny; Husti, Ilyas; Sarifandi, Suja'i
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17969

A marriage contract is an essential instrument for building a harmonious and just household, especially in modern society, which faces increasingly complex social, economic, and cultural dynamics. In Islamic tradition, the concept of agreement or conditions in marriage has been recognized through various hadiths of the Prophet, which emphasize the importance of fulfilling promises and the legality of conditions as long as they do not conflict with sharia. Therefore, this study aims to analyze the concept of a marriage contract for realizing a family of sakinah, mawaddah, and warahmah, based on the Prophet's hadith as the primary normative basis. This study is a qualitative, library-based study using a normative-theological approach. Data sources include primary sources, such as significant hadith collections such as Sunan Abu Dawud, Sunan Tirmidhi, and Musnad Ahmad, as well as secondary sources, including fiqh literature, academic journals, and related laws and regulations. Data collection techniques involved documentation and literature analysis, while data analysis used content analysis to interpret the textual and contextual meanings of relevant hadiths. The research results show that the Prophet's hadith strongly legitimizes a marriage contract, provided the stipulated conditions do not permit what is forbidden or prohibit what is permissible. This agreement can be a strategic tool for clarifying the rights and obligations of husband and wife, preventing conflict, and supporting the achievement of the goals of marriage characterized by tranquility, compassion, and mercy. Therefore, a marriage contract, from the perspective of the hadith, is not only valid under Islamic law but also a relevant mechanism for strengthening the unity of contemporary Muslim families.

Review of the Ijārah al-A‘māl Contract on Risk Management of the Employment Relationship between Guides and Rafting Owners in Central Aceh Wahyuni, Tika; Abubakar, Ali; Eriyanti, Nahara
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17730

This study analyzes risk management in the employment relationship between rafting guides and owners in Central Aceh Regency from the perspective of the ijārāh al-a'māl contract in Islamic jurisprudence (fiqh mu'āmalah). The background stems from a series of rafting accidents in Bengkulu and Central Aceh in 2024, resulting in fatalities due to inadequate risk management, such as extreme fatigue and river collisions. The objectives are to evaluate risk management practices, their alignment with Shariah principles, and propose an ideal model based on ijārāh to ensure justice and safety. The method employed is descriptive qualitative with an empirical juridical approach through a case study at sites like the Peusangan and Lukup Badak Rivers. Data were collected via observation, interviews with owners and guides, and documentation. Data analysis involved reduction, presentation, and verification. Findings reveal that employment is formalized through cooperative contracts, trip-based wages (Rp80,000/trip), and protection via BPJS Employment Insurance, aligning with ijārāh al-a'māl principles such as clear wages (al-ujrah al-ma'lūmah) and risk sharing. Risk management strategies include preventive (routine training), curative (medical handling), and distributive (shared responsibilities). However, challenges include limited Shariah understanding, suboptimal protection for minor risks, and wage dependency on weather and tourist numbers. In conclusion, practices lean toward Shariah compliance but require strengthened preventive risk management based on maqāṣid al-sharī'ah for justice, life preservation (ḥifẓ al-nafs), and business sustainability. Recommendations include Shariah training and stable wage schemes.

Problems of Handling Narcotics Addicts in Indonesia: An Analysis Between Normative Policy and Empirical Practice Khair, Muhammad Haikal; Agusmidah, Agusmidah; Harianto, Dedi
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17848

The problem of narcotics abuse in Indonesia shows that there is a gap between the normative provisions that require rehabilitation for addicts and the practice of prison punishment that is still dominant. This study aims to analyze the implementation of criminal law policies against narcotics addicts through a progressive legal perspective and assess the application of rehabilitative approaches by law enforcement officials. The types of research used are normative juridical legal research and empirical juridical law. The normative juridical approach is carried out by examining laws and regulations, court decisions, and legal literature related to narcotics policy and progressive legal theory, while the empirical juridical approach is carried out to see the implementation of legal norms in practice. The primary data sources in this study were obtained through interviews with law enforcement officials and correctional institution officers, while secondary data sources included primary legal materials in the form of laws and regulations and court decisions, as well as secondary legal materials in the form of books, scientific journals, and official reports of related institutions. The data collection technique was carried out through literature studies and interviews. The collected data was analyzed using qualitative analysis techniques by comparing normative provisions (das sollen) with their implementation practices (das sein). The results of the study show that the criminal law policy against narcotics addicts has not been effective. Addicts are more often sentenced to prison than directed to rehabilitation, so narcotics inmates are the main contributor to prison overcapacity. Law enforcement officials are still oriented towards punishment, coordination between institutions is not optimal, and rehabilitation facilities are still limited. A progressive legal perspective offers a more humanist approach by placing the addict as a victim of addiction in need of recovery through medical and social rehabilitation.

The Tradition of Prohibiting Marriage during the Month of Suro in Purwajaya Village: A Study of Javanese Customary Practices in Lima Puluh Kota Regency Hanifah, Wiwid; Nugraha, Rizky Firman; Hafizah, Mutia
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17836

This study is motivated by the prohibition of marriage during the Suro month among the Javanese indigenous community in Purwajaya Village, Lima Puluh Kota Regency, while Islamic teachings do not prescribe any specific time for marriage. The study aims to analyze three main issues: first, the background of the prohibition of marriage during the Suro month among the Javanese community in Purwajaya Village; second, the values contained in this traditional prohibition; and third, the review of the practice from the perspective of Maqashid Shari’ah. This research employs an empirical approach using primary data obtained through interviews and documentation, which were then analyzed qualitatively within the framework of Maqashid Shari’ah. The findings indicate that the background of the prohibition is influenced by the perception that the Suro month is sacred and unsuitable for holding weddings, beliefs in potential misfortune, respect for ancestors, the influence of Kejawen philosophy, and the syncretism of Javanese culture with Islam. This tradition also contains several values, including religious, historical, social, and philosophical values, which serve as the foundation for the indigenous community in maintaining social harmony. From the perspective of Maqashid Shari’ah, the prohibition of marriage during the Suro month is inconsistent with the objectives of preserving religion, progeny, intellect, and wealth, as time restrictions without a Shari’ah basis can hinder the realization of greater benefits. The study underscores the dynamic interaction between cultural values and Maqashid Shari’ah principles and highlights the importance of a moderate approach in understanding local cultural practices that continue to thrive within society.

Riddah as an Obstacle to Hadhanah in the Perspective of Maqāṣid al-Syarī‘ah: Analysis of East Jakarta PA Decision No.1700/Pdt.G/2010/PAJT Akbar, Ali; Nelli, Jumni
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.18375

The jurists set several conditions for those entitled to custody of children, one of which is being Muslim. Riddah (leaving Islam) is normatively seen as an obstacle to ḥaḍānah because it is feared that it can affect the child's faith and religious education. This article aims to determine the Maqasid Syariah review of the Judge's rejection of the right of Hadanah for apostate mothers as stated in the Religious Court Decision Number PA Jakarta Timur No.1700/Pdt.G/2010/PAJT. This type of research is Normative research with a Statutory approach. Primary data are the East Jakarta Religious Court Decision Number 1700/Pdt.G/2010/PAJT, as well as laws and Islamic legal provisions related to Hadanah and Riddah, while secondary legal materials are obtained from fiqh literature, books, scientific journals, and relevant scientific works. The data collection technique is documentation, and the analysis is qualitative. The results of this article show that case No. /Pdt. G/2010/2010 / PAJT did not grant Hadanah rights to apostate mothers. In this decision, the judge understood Riddah as an obstacle to Hadanah as a consideration in the Hadanah decision. As discussed in the book Kifayatul Akhyar, as a basis for understanding fiqh, it is a requirement that parents who have the obligation to educate and raise children be Muslim, so that the judge's decision rejects the plaintiff's or appellant's petition if the plaintiff or appellant is an apostate. The Panel of Judges has prioritized hifz al-ddin (dhoruriyat) and hifdz an-nafs (care for the soul) to consider the benefit and best interests of the child

The Phenomenon of Instant Interpretation on TikTok and the Risk of Reducing the Meaning of Al-Quranic Verses among the Younger Generation Akram, Akram; Djafar, Arinil Hidayah; Rustan, Edhy; Harun, Amrullah
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17970

The development of social media, especially TikTok, has encouraged the emergence of the phenomenon of "instant interpretation" presented through short and aesthetic videos. This phenomenon is increasingly popular among the younger generation and has the potential to influence the way they understand the Qur'an. This study aims to analyze the characteristics of instant interpretation content on TikTok and identify forms of verse misunderstandings experienced by the young generation in Palopo City. This research is a qualitative study employing a phenomenological approach to explore subjective receptive experiences. Data sources consisted of 19 informants selected through purposive sampling, including 15 active TikTok users, 2 young ustaz, and 2 academics as triangulation. Data collection techniques involved content observation, in-depth interviews, and digital documentation. Data analysis followed the Miles, Huberman, and Saldana interactive model. The results of the study show that the content of instant interpretation is dominated by aesthetic visuals that have minimal methodological references so as to produce partial and emotional understanding. The risk of misunderstanding is influenced by the format of short videos, pseudo-creator authority, TikTok algorithms, and low digital and religious literacy. The findings of this study affirm the importance of strengthening religious and digital literacy to prevent the narrowing of the meaning of verses in the digital space and contribute to the development of contemporary interpretation studies and digital da'wah

Genealogy of the Transformation of Hifdzun Nasl Law: A Study of Classical and Modern Literature on Intellectual Property Rights in the Perspective of Al-Qurtubi Ridwan, Ridwan; Munir, Akmal Abdul
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.18018

Genealogy of the transformation of ḥifẓ al-nasl law from classical literature to the protection of Intellectual Property Rights (IPR) in the perspective of Al-Qurṭubī. ḥifẓ al-nasl, as one of the main objectives of the Shari'a in the theory of maqāṣid al-Syarī'ah, not only protects human biological continuity, but also emphasizes the moral, social, and intellectual dimensions. Through the classical approach developed by Al-Juwaynī, Al-Ghazālī, and Al-Syāṭibī, shari'a is understood as an instrument for achieving the benefit of the people (maṣlaḥah al-'ibād) by maintaining social dignity and stability. Tafsir Al-Qurṭubī emphasizes that the protection of descendants includes the honor, identity, and contribution of the individual, so that this principle can be adapted to the modern context, especially in the protection of intellectual works. The Islamic legal transformation approach (taḥawwul al-fiqh) explains the evolution of law from classical regulations regarding marriage, lineage, and inheritance to modern mechanisms that protect intellectual property rights (IPR), as a form of human "intellectual heritage." IPR theory from a contemporary perspective emphasizes that creative works have socio-moral values that must be protected, and that their violation constitutes ẓulm. The synthesis of the three theoretical frameworks—maqāṣid al-shari'ah, legal transformation, and IPR—provides a conceptual foundation for understanding the continuity of classical law in a modern context. This research demonstrates that IPR protection is a contemporary embodiment of the principle of ḥifẓ al-nasl, bridging classical and modern law, and affirming the relevance of the divine purpose of sharia in maintaining human sustainability, both biologically and intellectually

Building Modern Transformation through Fazlur Rahman’s Double Movement Method in Interpreting the Qur’an Maulana, Alif; Azizah, Hanifatul; Turmudi, Ahmad; Anam, Syahru Ramadhanil; Rinaldi, Muhammad Syafiq; Rosa, Andi
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17974

In the contemporary era, Muslim engagement with the Qur’an and Hadith faces increasingly complex and multidimensional challenges, including issues of gender, globalization, scientific advancement, and social transformation. Previous studies on Fazlur Rahman’s hermeneutical approach have largely been descriptive, while relatively few have examined the double movement method as a framework for a transformative and contextually relevant interpretation of the Qur’an. This study aims to analyze how Rahman’s double movement functions as a mechanism that bridges the historical-contextual origins of revelation with contemporary ethical and social realities. This research employs a qualitative design based on a library research approach. The primary data sources of this study consist of scholarly literature examining Fazlur Rahman’s thought, particularly his double movement hermeneutical approach and contemporary Qur’anic interpretation. The secondary data sources include studies on modern tafsir and relevant discourses in contemporary Islamic thought. Data were collected through systematic literature review and in-depth textual analysis, and analyzed using a descriptive-analytical method to critically examine the conceptual and methodological framework of Rahman’s thought. The findings indicate that the double movement operates through two dialectical stages: first, situating Qur’anic texts within their historical context to extract universal moral principles; and second, recontextualizing theseprinciples within contemporary social settings. Its application to Q.S. al-Mujādalah :11 demonstrates the method’s capacity to transform historically specific directives into ethically relevant guidance that promotes social inclusivity, respect for knowledge, and justice. The study concludes that Rahman’s double movement offers a robust hermeneutical framework for an ethical, contextual, and socially relevant interpretation of the Qur’an.

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Mustafid

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Elthawalib@gmail.com

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

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA

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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