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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 355 Documents
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Reconstructing al-Dakhīl fī al-Tafsīr as Epistemic Quality Control: Integrating the Epistemic Filter and Interpretive Horizon Malinda Meinapuri; Nur'aisyah Nur'aisyah; Muhammad Irfan
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21223

Abstract

Contemporary Qur’anic interpretation faces two interrelated methodological challenges: maintaining the epistemic validity of interpretive claims and ensuring their relevance to continuously changing contexts. This article aims to reconstruct al-Dakhīl fī al-Tafsīr from a critical concept primarily concerned with identifying infiltrative elements into an epistemic quality control framework and to functionally integrate it with hermeneutics and Qur’anic contextualism. This study employs qualitative library research using a critical-comparative approach and conceptual synthesis. Primary sources comprise seminal works representing al-Dakhīl fī al-Tafsīr, hermeneutics, and Qur’anic contextualism, while secondary sources include scholarly journal articles, academic books, and relevant studies, with priority given to publications from 2022–2026. Data were collected through documentation and bibliographic searches based on the criteria of relevance, bibliographic traceability, academic authority, and evidentiary contribution. The data were analyzed using qualitative content analysis within a critical-comparative framework, followed by conceptual synthesis through six stages: concept identification, genealogical mapping, reconstruction of epistemological assumptions, comparison of methodological functions, evaluation of strengths and limitations, and conceptual synthesis. The findings demonstrate that al-Dakhīl fī al-Tafsīr can be reconstructed as an epistemic quality-control mechanism through source authentication, linguistic validation, and methodological validation, while hermeneutics and Qur’anic contextualism contribute to historical reconstruction, the extraction of significance, and contemporary recontextualization. Their functional integration generates the Filter–Horizon Model, a sequential but recursive framework that positions epistemic admissibility as a prerequisite for contextual productivity. The model offers a conceptual contribution by establishing a functional division between the epistemic filter and the interpretive horizon, thereby enabling Qur’anic interpretation to remain epistemically accountable and contextually responsive without collapsing the epistemological distinctions among the intellectual traditions brought into dialogue.
Reconstructing Children’s Maintenance In Islamic Family Law: Rethinking The Free Nutritious Meal Program As A Shared Welfare Responsibility Durga Ramdhani; Rudi Santoso; Khairuddin Khairuddin
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21202

Abstract

This article reconstructs the legal relationship between parental maintenance and state responsibility for children's nutritional rights through Indonesia's Free Nutritious Meal Program (Makan Bergizi Gratis/MBG). Recent studies already recognize complementarity between MBG and parental support; this study develops that proposition into differentiated rules on obligations, service standards, and accountability. It employs normative legal research using statutory, conceptual, and Islamic legal approaches. The analysis distinguishes the juridical-personal obligation of maintenance from the material-functional provision of nutrition. Parents retain their respective family-law duties, including the father's financial responsibility under the applicable provisions, while MBG provides a public nutritional service. Public provision does not automatically discharge maintenance or authorize unilateral deductions from an existing award. The proposed Complementary-Guarantee Responsibility Model connects family responsibility, program-specific standards, and wider protective intervention when children's needs remain unmet. Its evaluative criteria translate ḥifẓ al-nafs, ḥifẓ al-ʿaql, ḥifẓ al-nasl, ḥifẓ al-māl, maṣlaḥah, and substantive justice into identifiable duties, indicators, and corrective responses. The guarantee is a normative reconstruction grounded in existing law, not a claim that MBG already creates an unlimited, judicially enforceable entitlement to complete daily nutrition. The study contributes operational boundaries for shared welfare responsibility while acknowledging that household responses and program outcomes require empirical investigation.
Reconstructing Polygamy Regulations As A Framework For Family Protection : A Review Of Indonesian Marriage Law No. 1 Of 1974 Rahmat Aripin; Rezi Tri Putri; Susmita Susmita
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21375

Abstract

The regulation of polygamy in Islamic law and Indonesian marriage law is not only related to the permissibility and licensing procedures, but also the protection of the rights and interests of all family members. Problems arise when fulfilling formal requirements does not guarantee substantive protection for wives and children. This study aims to reconstruct the regulation of polygamy in Law Number 1 of 1974 concerning Marriage through the approach of the maqāṣid al-syarī‘ah system of Jasser Auda to place family protection as the orientation of law implementation. This research is a normative legal research (doctrinal legal research) with a statutory, conceptual, and maqāṣid al-syarī‘ah system approach. Primary legal materials include QS. An-Nisā’ verse 3 and laws and regulations related to marriage, while secondary legal materials include classical fiqh literature, Jasser Auda's thoughts, and scientific journal articles. The results of the study indicate that court permission, wife's consent, economic capacity, and guarantees of justice need to be understood as a unified instrument of family protection, not merely administrative requirements. Through the six characteristics of Jasser Auda's systemic approach, polygamy regulations can be evaluated based on their ability to protect wives' rights, ensure the fulfillment of children's needs and care, and prevent harm. Regulatory reconstruction is directed at strengthening substantive examination and protecting family rights in legal implementation.
Grants to Adopted Children in Indonesian Family Law: Patrimonial Recognition without Change of Nasab Azka Syifaul Maula; Mohammad Naufal Wildany; Muhammad Irfan Arifai; Ihya Nizam Muhammad; Jimmy Malintang
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21208

Abstract

Adoption of children in Indonesian law transfers the responsibility of parenting without severing the child's blood relationship with the biological parents. This distinction raises the question of how adoptive parents provide economic recognition to adopted children without changing their fate and inheritance position. This study analyzes adopted children's position as grant recipients, grant limits, and the relevance of court decisions on grants and mandatory wills. The research uses normative legal methods with legislative, conceptual, and case approaches. Primary legal materials include relevant regulations, the Compilation of Islamic Law (KHI), the Civil Code, and four court decisions. Supreme Court Decision Number 1818 K/Pdt/2008 is the main decision because it addresses grant disputes involving adopted children. The Palangka Raya District Court decision serves as a comparator on adopted children's position in inheritance, while the two Syar'iyah Court decisions serve as comparators on mandatory wills. The last two decisions are not treated as a direct basis for determining the validity of grants. The analysis shows that grants and compulsory wills must be distinguished by their legal basis, the time of giving, and their object. This study proposes affective kinship as an analytical framework rather than a new source of inheritance rights to assess when the parenting relationship can obtain patrimonial recognition through legal instruments without changing the fate and position of the heirs.
Reconstruction Of The Jurisprudential-Maqāṣidī Method In The Division Of Joint Property In Polygamous Marriages In Indonesia Kemas Muhammad Gemilang; Jumni Nelli; Rahman Alwi; Mohammad Abdi Almaktsur; Mardiana Mardiana; Alief Akbar Musaddad
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21205

Abstract

The division of joint marital property in polygamous marriages cannot always be resolved by applying the chronology of marriage as stated in Article 94 of the Compilation of Islamic Law (KHI). In practice, assets may be mixed, transformed, reinvested, increased in value, or used across more than one household, while the parties’ contributions may be material or non-material. This article reconstructs a jurisprudential-maqāṣidī method for adjudicating such disputes by systematizing judicial reasoning and evaluating it through maqāṣid al-sharīʿah. This normative legal research applies statutory, conceptual, and case approaches. Primary legal materials consist of the Marriage Law, the KHI, and selected court decisions on joint property and polygamy; secondary materials consist of scholarly works on marital property, judicial discretion, substantive justice, and Islamic family-law reform. Legal materials were collected through document study and analyzed qualitatively-prescriptively by identifying legal norms, mapping legally relevant facts, extracting ratio decidendi, comparing patterns of judicial reasoning, and testing those patterns against maqāṣidī parameters. The analysis shows that Article 94 KHI provides a necessary normative foundation but not an operational method for tracing transformed or mixed assets and evaluating unequal contributions. Judicial reasoning, particularly Supreme Court Decision No. 266 K/AG/2010, demonstrates that a mechanical one-half division may be corrected when evidence shows substantial inequality in contribution and fulfilment of maintenance obligations. This article reconstructs those dispersed considerations into five stages: normative classification, asset tracing and transformation analysis, contribution assessment, controlled correction of mechanical division, and maqāṣidī justification. The novelty lies not merely in combining jurisprudence and maqāṣid, but in converting case-specific judicial considerations into a systematic decision-making procedure with objective limits on judicial discretion.
Construction of Financial Management of Otorita IKN in the Perspective of Asymmetric Decentralization Muhammad Ar Rafii; Neng Yani Nurhayani; Dewi Mayaningsih
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21242

Abstract

The establishment of the Nusantara Capital City Authority (Otorita IKN) as a special regional government has produced a financial management authority construction that departs from the general pattern stipulated in Article 6 paragraph (2) of the State Finance Law, raising the question of whether this construction constitutes a legal deviation or a justifiable special arrangement. This research aims to analyze the status of Otorita IKN as a special regional government, the construction of its financial management authority under Article 23 of the Capital City Law, and its implications for accountability and oversight mechanisms. This research employs normative legal research using a statute approach and a conceptual approach. Primary legal materials consisting of laws and Constitutional Court decisions were collected through literature study and analyzed qualitatively-descriptively through systematic and grammatical interpretation. The findings show that the specificity of Otorita IKN obtains constitutional legitimacy through Article 18B paragraph (1) of the 1945 Constitution and can be justified within the framework of asymmetric decentralization based on functional-administrative grounds. Its financial authority construction is sequential and staged rather than simultaneous, and therefore does not deviate from Article 6 paragraph (2) of the State Finance Law but constitutes a valid form of lex specialis. The research also finds that the transition to the second phase remains prospective, as it depends on the issuance of a Presidential Decree on the relocation of the capital. Regarding oversight, formal-administrative accountability has been fulfilled, although the substantive effectiveness of oversight by the President and the House of Representatives still requires strengthening.
A Two-Stage Model of Judicial Reasoning in Marital Property Adjudication: Evidentiary Assessment, Judicial Activism, and Equal Allocation at the Ketapang Religious Court Abdul Fatah; Rifqi Andika Maula Fatahna; Akhyarul Umami; Yoga Pranata
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21343

Abstract

This study examines how judicial discretion shapes the division of joint property when administrative records do not reflect the actual acquisition of assets, a situation that often creates tension between substantive evidence and formal rules. This study employs a qualitative, document-based socio-legal case study method to analyze two rulings by the Ketapang Religious Court: Ruling No. 299/Pdt.G/2025/PA.Ktp and No. 149/Pdt.G/2025/PA.Ktp. The data were analyzed using comparative content analysis to examine the interpretation of evidence, the registration of assets in the name of third parties, and the results of on-site inspections. The research findings indicate that the resolution of disputes over joint property operates through a two-stage model: the first stage involves the construction of the distributive pool through identification, verification, legal assessment, and inclusion, and the second stage involves the allocation of the property. Although Decision No. 299 relied on the consistency of documents and witness testimony, while Decision No. 149 required an intensive on-site inspection to verify the identity and legal status of the assets, both ultimately applied Article 97 of the Compilation of Islamic Law by dividing the assets equally. Theoretically, this study demonstrates that a comprehensive evaluation of the facts by a judge can go hand in hand with formal equality, while also affirming that fact-finding activism does not necessarily result in a deviation from the rules of positive law regarding asset allocation.
Reconstructing Ex Officio Authority in Hadhanah Determination: Balancing Ultra Petita and the Best Interests of the Child under SEMA No. 1 of 2025 Syahril Anwar; Rudi Apriandi; Bagus Wahyuda Utama; Rayhan Putra Anugrah
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21285

Abstract

The determination of hadhanah in divorce proceedings raises a legal issue when custody is not requested by the parties, while the trial facts indicate that a custody ruling is necessary to protect the best interests of the child. This study asks how Supreme Court Circular Letter (SEMA) No. 1 of 2025 reconstructs the relationship between ultra petita and the judge’s ex officio authority, and what limits apply to that authority when custody has not been requested. It aims to formulate a model for exercising ex officio authority that balances ultra petita and the best interests of the child. This normative legal research uses a statutory approach and a conceptual approach. The primary materials are legislation, the Compilation of Islamic Law, and the SEMAs; the secondary materials are books, journals, and research findings. They were collected through library research and analyzed qualitatively using descriptive-analytical and prescriptive methods. The results show that SEMA No. 1 of 2025 does not abolish ultra petita, but reconstructs its relationship with ex officio authority. The SEMA is a judicial policy instrument, so the authority must be anchored in the HIR/RBg, the statutory consequences of divorce, and child protection law. The reconstruction yields a model of limited, conditional, fact-based, and accountable judicial discretion with three layers of parameters: jurisdictional (divorce proceedings), procedural (no hadhanah claim, no agreement between the parties, and relevant facts established at trial), and substantive (the determination is necessary in the best interests of the child). Legal certainty and the right to be heard are protected through foreseeable conditions, notice and hearing of the parents, the child’s voice, and reasoned decisions. Constructed scenarios illustrate the model, which is not empirically validated against decisions.
Strategies Of Religious Counselors In Building Sakinah Families In Lima Puluh Kota Regency Muhammad Wadi; Muhammad Zaki; Yopi Setiawan; Azmil Fauzi Fariska; Ziyan Al Ghifari
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21291

Abstract

Building a sakinah family remains a significant challenge amid changing social conditions, economic pressures, and increasing marital conflicts. Religious counselors play an important role in strengthening family resilience through Islamic guidance and counseling. This study aims to analyze the strategies employed by religious counselors in fostering sakinah families in Lima Puluh Kota Regency. This research employs qualitative field research with a descriptive-analytical approach. Primary data sources were obtained from 3 religious extension workers and 2 relevant religious figures, while secondary data are derived from academic literature, official documents, and related research. Data collection techniques include interviews, observation, and documentation. Data are analyzed through data reduction, data presentation, and conclusion drawing. The findings indicate that religious counselors employ several strategies, including premarital guidance, family counseling, religious education, conflict mediation, and community-based outreach. These strategies emphasize Islamic family values, effective communication, mutual responsibility, and conflict resolution. The effectiveness of these efforts is influenced by community participation, institutional support, and the accessibility of counseling services. However, limited human resources, insufficient facilities, and varying levels of public awareness remain significant challenges. This study highlights the importance of strengthening religious counseling programs, improving institutional collaboration, and developing adaptive approaches to support harmonious, resilient, and sustainable sakinah families.
Post Divorce Disputes Among Influencers in Indonesia: Child Custody (Hadhanah), Marital Property, and Digital Assets from the Perspective of Islamic Family Law Debby Triana Dewi; Ulfa Diana
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21214

Abstract

Divorce involving social media influencers or public figures presents complex challenges in family law, particularly concerning child custody (Hadhanah ), the division of marital property, children's digital privacy, and the evidentiary process involving digital assets and income. This phenomenon can be identified through media reports concerning several public figures, including Clara Shinta and Denny Goestaf, Julia Prastini and Na Daehoon, Sarwendah and Ruben Onsu, Asri Welas and Galiech Ridha Rahardja, and Audi Marissa and Anthony Xie. These reports serve as supporting materials for identifying legal issues rather than as substitutes for facts established by court judgments. This study aims to analyze post-divorce disputes involving influencers from the perspective of Islamic Family Law by integrating child protection, equitable property distribution, and the characteristics of the digital economy. It employs normative legal research based on library research, using statutory, conceptual, and case approaches. The legal materials are analyzed qualitatively through identification, classification, interpretation, and legal analysis. The findings indicate that decisions concerning Hadhanah  must prioritize the best interests of the child, including safety, psychological development, and digital privacy. The division of marital property must consider ownership status, the time and source of acquisition, the contributions of the parties, and reliable supporting evidence. Income from endorsements, content monetization, royalties, and other digital economic activities requires separate examination to determine its legal status. This study proposes an Islamic Family Law analytical framework that integrates child protection and digital economic justice through the principles of maqāṣid al-sharī‘ah, particularly Hifz Al-Nasl (protection of offspring), Hifz Al-Mal (protection of property), justice, public benefit, and the prevention of harm.

Page 35 of 36 | Total Record : 355

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