cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Aulil Amri
Contact Email
jurnal.elhadhanah@ar-raniry.ac.id
Phone
+6281375449819
Journal Mail Official
jurnal.elhadhanah@ar-raniry.ac.id
Editorial Address
Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.
Location
Kota banda aceh,
Aceh
INDONESIA
El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 28291042     EISSN : 28290666     DOI : https://www.doi.org/10.22373/hadhanah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law focused on Family Law and Islamic Law and present developments through the publication of articles, research reports, and book reviews. Scope El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law specializes in Family Law And Islamic Law and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. • Family law • Inheritance law • Islamic criminal law • Islamic economy law • Islamic constitutional law • Islamic law and gender • Islamic law and society • Islamic law and politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 124 Documents
 9   10   11   12   13 
Epistemology of Misyar Marriage by Yusuf al-Qaradawi in the Book of Zawāj al-Misyär Hakikatuh and Hukmuh from the Perspective of the Philosophy of Science Mardi, Isra; Kodir, Abdul; Rohanda, Rohanda
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.6811

Abstract

Misyar marriage is a controversial alternative marital form within contemporary Islamic discourse, particularly concerning its legal validity and alignment with the objectives of Islamic law (maqāṣid al-sharīʿah). Imam Yusuf al-Qaradawi, a leading figure in modern Islamic legal thought, addresses this phenomenon in his work Zawāj al-Misyār Ḥaqīqatuh wa Ḥukmuh. This article seeks to examine the epistemological foundation of al-Qaradawi’s view on misyar marriage to understand the structure of his legal reasoning and methodology. This study specifically focuses on the epistemic foundations underlying Yusuf al-Qaradhawi's views on the practice of misyar marriage, the ijtihad method used, examining the authoritative sources that are Yusuf al-Qaradhawi's main references, and his approach in combining normative texts with contemporary social realities. This study adopts a qualitative descriptive-analytical method, employing content analysis of al-Qaradawi’s primary work, especially Zawāj al-Misyār Ḥakīkatuh wa Ḥukmuh. The analysis is conducted within the framework of Islamic philosophy of knowledge, emphasizing the integration of epistemologies. The findings reveal that al-Qaradawi constructs his fatwa through an integrative approach responsive to modern realities, employing takyīf fiqhī as a contextual ijtihad tool. His epistemic foundation combines scriptural authority with maqāṣid-oriented reasoning, producing legal opinions that are both normatively valid and socially constructive. This contributes significantly to the development of a adaptive contemporary Islamic legal epistemology and maslahah.
Parental Responsibility for Children Placed in the Aisyiyah Orphanage Batusangkar Branch A Review of Islamic Family Law Husna Rita; Nofialdi; Arianti, Farida; Yunarti, Sri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.7654

Abstract

This study explores the responsibilities of parents toward children placed in the Aisyiyah Orphanage, Batusangkar Branch, through the lens of Islamic Family Law. parents are obliged to provide for and raise their children even after divorce. The 1974 Indonesian Marriage Law (Articles 45 and 41) mandates that both parents are responsible for their children’s welfare until they are self-sufficient or married. However, the reality on the ground often shows a significant gap between legal expectations and practical implementation, particularly in cases involving divorce, poverty, or remarriage.  The research focuses on three issues: the reasons why parents put their children, the obstacles for parents to put their children, and the responsibility of parents for children who are put in the Aisyiyah Orphanage Batusangkar Branch. This study Used qualitative field research with a descriptive approach, data were gathered through interviews and documentation involving parents, children, and orphanage administrators. The results showed that people who put their children in orphanages had 5 reasons, namely: so that children are in a safe environment, biological fathers are reluctant to care for their children, mothers are unable to educate their children, to continue their children's education, get guidance from caregivers and administrators. There are 3 obstacles for parents to put their children in the Aisyiyah Branch Batusangkar orphanage, namely: not being fully supported by their biological father, the lack of income of parents, parents being unable to provide maintenance. For the responsibilities of parents towards children in orphanages according to the results of interviews found by researchers that there are 8 respondents who carry out their responsibilities as parents but not fully, while 2 foster children do not accept the responsibilities of parents.
A Comparative of Sanctions for Hoax as an Information Crime under the Electronic Information and Transactions Law (UU ITE) and Fiqh Jinayah Efendi, Sumardi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.7698

Abstract

The dissemination of hoaxes as a form of digital information crime presents a serious challenge in modern society. Hoaxes not only cause individual harm but also disrupt social stability. Therefore, a legal approach is required that is not solely legalistic but also grounded in ethical and moral values. This research is focused on identifying the legal elements in hoax crimes according to the ITE Law and fiqh jinayah, analyzing the form and purpose of sanctions given in both legal systems, and providing integrative recommendations for law enforcement of information crimes in Indonesia that consider the principles of Islamic law as the moral and spiritual values of the nation. This study employs a library research method using a qualitative-descriptive approach. Data were obtained from academic literature, classical and contemporary fiqh texts, statutory regulations, and accredited scientific journals, then analyzed through a comparative legal framework. The Indonesian Electronic Information and Transactions Law (UU ITE) imposes criminal sanctions in the form of imprisonment and fines on hoax perpetrators, aiming to create a deterrent effect and protect the public. Meanwhile, fiqh jinayah views the dissemination of hoaxes as jinayah al-lisan (verbal offense), which may be subject to ta’zir punishment based on the extent of harm caused. The principles of maqasid al-syariah and social responsibility reinforce the urgency of education and substantive justice. The fiqh jinayah approach may complement positive law in addressing hoaxes by prioritizing public interest (maslahah), prevention, and moral values. Integrating Islamic legal principles into national law constitutes a strategic solution to the complexity of digital information crimes.
Implementation of Legal and Social Assistance for Street Children Victims of Sexual Exploitation in Padang City from the Perspective of Legal Sociology Kamila Hesti; Danil, Elwi; Zurnetti, Aria
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.7830

Abstract

Street children in Indonesia are among the most vulnerable social groups, particularly exposed to various forms of exploitation, including sexual abuse. Despite the existence of regulatory frameworks such as Law No. 35 of 2014 on Child Protection and local regulations in Padang City, the implementation of protective measures for these children remains inconsistent and fragmented. This study aims to investigate the implementation of assistance programs for street children who are victims of sexual exploitation, with a focus on the role played by the Padang City Social Service Office. The research also explores the legal and institutional challenges that hinder the effectiveness of such interventions. This research uses a juridical sociological approach with a qualitative method. Data was collected through in-depth interviews with government officials, social services, and other parties related to the research topic. Secondary data in the form of documents were obtained from literature studies of legal documents, policy reports, and academic literature. The findings indicate that while a framework for holistic support comprising legal aid, psychological counseling, education, and basic needs assistance has been established, its implementation suffers from several key constraints. These include limited government budgets, weak inter-agency coordination due to sectoral egotism, and a lack of public awareness regarding the rights and protection of child victims. Furthermore, social stigma often prevents effective community involvement. This study concludes that without strengthening social and institutional structures and increasing cross-sectoral synergies, child protection will not be effective. Strengthening policy implementation, public education, and integration of Islamic legal values such as the protection of the soul (ḥifẓ al-nafs) and descendants (ḥifẓ al-nasl) can be a strong normative basis in creating a fair and sustainable child protection system.

Page 13 of 13 | Total Record : 124

 9   10   11   12   13 

Filter by Year

2021 2025


Reset
Filter By Issues
All Issue Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol. 4 No. 2 (2024): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol. 4 No. 1 (2024): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol 3 No 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol. 3 No. 2 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol. 3 No. 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol 3 No 1 (2023): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol. 2 No. 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol 2 No 2 (2022): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol. 2 No. 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Vol 2 No 1 (2022): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Vol 1 No 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law Vol 1 No 1 (2021): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law More Issue