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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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Reconstruction Intertextuality of the Qur'an towards Tradition Evangelicalism : Kristeva–Bakhtin Model in QS Āli ' Imrān [3]:39 and Luke 1:13 Asriyono Asriyono; Turkey Zhafir; Zira Shafira
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.v7i5.21231

Abstract

Intertextual studies of the Qur'an and the Bible often stop at thematic narrative comparison or at mapping Kristevan transpositions, without asking why a textual shift occurs and to whom it is addressed. This article analyzes the annunciation of Yaḥyā (John the Baptist) in Q 3:39 and Luke 1:13, read together with their co-texts (Q 3:37–41 and 19:2–15; Luke 1:5–25 and 1:76), through a two-layered framework: Kristeva's transposition for mapping textual shifts and Bakhtin's hidden polemic for testing whether those shifts are oriented toward other discourses. Using qualitative library research, with data collected through documentation and analyzed in four steps (juxtaposition of the texts, reading of the ideology, identification of the target discourse, and testing of the suspected polemic against co-texts and rival hypotheses), the study finds five transpositions: substitution of setting (naos with priestly incense to miḥrāb with personal prayer); omission and anonymisation of Zechariah's wife; compression and relocation of Luke's attributes into the titles sayyid, ḥaṣūr, and nabī; modification of John's function from forerunner of the Lord to confirmer of a word from God (muṣaddiq); and a shift in the valence of Zechariah's silence from punishment to sign. Of three suspected hidden polemics, only the redefinition of kalimah against Logos Christology is strongly supported by co-textual evidence; the polemic against monasticism and priestly genealogy remains open. The findings are consistent with, although they do not prove, the Qur'an's self-description as muṣaddiq and muhaymin (Q 5:48). The article offers a reconstructed Kristeva–Bakhtin model that can be tested on other pairs of scriptural texts.
Delaying Pregnancy in Muslim Families: Normative Negotiation between Islamic Law, State Law, and Social Reality Febria Marsalizza; Veilla Dwi Ananda; Riski Wahyudi; Nurizka Hasanah Harahap; Sudirwan Sudirwan
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.v7i5.21263

Abstract

Delaying childbearing is increasingly common in contemporary Muslim families as a result of social, economic, and cultural change, particularly due to considerations of financial readiness, education, reproductive health, and shifting gender roles. This article aims to analyze this practice from the perspectives of Islamic law and the sociology of law, highlighting the negotiation between religious norms, state law, and social reality. This study is qualitative library research employing a normative-sociological approach. Primary sources include the Qur’an, hadith, classical and contemporary fiqh literature, fatwas, Article 28B of the 1945 Constitution, Law No. 1 of 1974 on Marriage, and Law No. 52 of 2009 on Population and Family Development, while secondary sources include scholarly literature and demographic reports. Data were collected through documentary and library research and analyzed descriptively and analytically through content analysis and socio-legal interpretation. The results indicate that delaying childbearing falls within conditional permissibility under Islamic law, provided it is temporary, consistent with Sharia principles, and based on mutual agreement between husband and wife. State law supports this practice by recognizing the right to form a family and by framing family planning as regulating the timing and spacing of birth rather than preventing procreation. Sociologically, this practice reflects the negotiation of Islamic family law norms in response to modern social demands, so that the law is practiced contextually as a “living law.” This study contributes to Islamic family law studies and offers a reference for policymakers and the public in understanding the delay of childbearing.
The Judge’s Ratio Decidendi in Determining Child Custody after Divorce: An Analysis of Maqāṣid al-Sharī‘ah in Decision No. 838/Pdt.G/2025/PA.Kab.Kdr Haikal Nortamami; Ahmad Fauzi
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.v7i5.21229

Abstract

The study is motivated by the importance of protecting children's rights, as children are the most vulnerable parties affected by their parents' divorce. This research aims to analyze the judge's ratio decidendi in determining child custody and to examine the court decision from the perspective of Jamaluddin Athiyyah's maqāṣid al-sharī'ah. This research employs normative juridical legal research using three approaches: the statutory approach, the case approach, and the conceptual approach. The legal materials consist of primary legal sources (the decision, Law No. 1 of 1974, Law No. 35 of 2014, and the Compilation of Islamic Law) and secondary legal sources (books and scholarly journals), collected through library research and document analysis of the court decision, which were then analyzed descriptively-analytically to draw conclusions in accordance with the objectives of the study. The findings reveal that the judge's ratio decidendi consists of the grounds for divorce, the grounds for child maintenance, and the grounds for custody, which rest on the child's age; however, the custody ground is not explicitly elaborated through the principle of the best interests of the child. From the perspective of Jamaluddin Athiyyah's maqāṣid al-sharī'ah, the decision is implicitly in line with the protection of life (ḥifẓ al-nafs), intellect (ḥifẓ al-'aql), lineage (ḥifẓ al-nasl), family (ḥifẓ al-usrah), and children's rights (ḥifẓ ḥuqūq al-aṭfāl), but the protection of children's education (ḥifẓ al-tarbiyah) is not yet explicit. Based on this single case, this study recommends that judges elaborate the custody ground separately and integrate maqāṣid al-sharī'ah values explicitly.
Reconstructing Post-Divorce Maintenance Enforcement in Indonesia: A Maslahah Mursalah-Based Comparative Study with Malaysia Fatimah Fatimah; Fetri Fatorina; Ahmad Andri; Nurul Norzeetty; Abdul Alim
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.v7i5.21194

Abstract

This study examines the gap between court-awarded post-divorce maintenance, comprising iddah maintenance, mut’ah, and madhiyah maintenance for the ex-wife and child support, and its actual fulfillment after the judgment becomes final. Using normative legal research with statutory, comparative, and conceptual approaches, it analyzes Indonesian and Malaysian legislation and judicial regulations as primary legal materials, and books, journal articles, and institutional publications as secondary materials, collected through library research and evaluated qualitatively against maslahah indicators. The findings show that Indonesia has execution, seizure, and limited income-deduction mechanisms, but these remain reactive, depend on the entitled party’s initiative, and are poorly suited to periodic child support. Malaysia provides institutional support through the Family Support Division (BSK), earnings withholding orders, judgment debtor summonses, and advance maintenance, although their effectiveness depends on court processes and employer cooperation. Evaluated through rights protection, effectiveness, accessibility, proportionality, harm prevention, and conformity with sharia and national law, together with ḥifẓ al-māl, ḥifẓ al-nasl, and ḥifẓ al-nafs, the study proposes a staged model comprising post-judgment institutional support, income-based payment, compliance monitoring, a tiered response distinguishing inability to pay from willful evasion, and conditional interim assistance. It thereby shifts post-divorce maintenance from a right merely established by judicial decree to an obligation whose fulfillment is actively secured.
Women's Executive Leadership in Indonesian Democracy: Normative Gaps, Affirmative Policy Reconstruction, and Perspectives from National Law and Maqāṣid al-Sharīʿah Bayumi Asyji` Zaaidil Mubaarok; Mujito Mujito
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.v7i5.21228

Abstract

Indonesia's constitution guarantees women equal political rights, yet women remain scarcely present in executive office, the 30 percent affirmative quota under Law Number 7 of 2017 concerning General Elections covers only legislative candidacy, and Muslim scholars still debate the legitimacy of women's public leadership. This normative legal (library) study analyzes the legal position of female executive leadership under that law, examines the gap between normative equality and women's political representation, assesses the issue through maqāṣid al-sharīʿah, and reconstructs the required affirmative action policy. It employs statutory, historical, conceptual, and comparative approaches to primary, secondary, and tertiary legal materials analyzed descriptively and analytically through legal interpretation and deductive reasoning. The findings show that the law imposes no gender requirement for executive candidacy, so women and men hold equal constitutional standing, but its quota stops at legislative nomination, leaving a normative gap. In Islamic law, female executive leadership is an ijtihādiyyah matter: classical jurists such as al-Māwardī required maleness for the highest office, whereas contemporary scholars foreground competence, trustworthiness, justice, and public benefit. Tested against the five classical maqāṣid, Jasser Auda's systems approach, and textual, methodological, empirical, and positive-law objections, restricting competent and trustworthy women undermines rather than protects the purposes of Islamic law. The study proposes a measurable affirmation model: an aggregate nomination obligation per party plus at least 30 percent women among internally screened aspirants, enforced through graduated sanctions, verification by the General Elections Commission, supervision by the Election Supervisory Body, and time-limited evaluation, aiming at substantive rather than merely numerical representation.

Page 36 of 36 | Total Record : 355

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