cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Zulhamdi
Contact Email
zulhamdi@iainlhokseumawe.ac.id
Phone
+6285260308908
Journal Mail Official
alhiwalah@iainlhokseumawe.ac.id
Editorial Address
Jl. Medan - Banda Aceh, Alue Awe, Kec. Muara Dua, Kota Lhokseumawe, Aceh 24352
Location
Kota lhokseumawe,
Aceh
INDONESIA
Al-Hiwalah : Journal Syariah Economic Law
Published by Institut Agama Islam Negeri Lhokseumawe
ISSN : -     EISSN : 29630304     DOI : https://doi.org/10.47766/alhiwalah
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Ekonomi Syariah (Online/ elektronik) yaitu jurnal ilmiah peer review yang fokus menyebarluaskan hasil penellitian di bidang Fikih, Hukum Ekonomi Islam, Fiqh Muamalah, dan Ekonomi Syariah. Jurnal ini diterbitkan oleh Jurusan Hukum Ekonomi Syariah Fakultas Syariah Institut Agama Islam Negeri Lhokseumawe bekerjasama dengan Rumah Jurnal LPPM IAIN Lhokseumawe.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 92 Documents
 6   7   8   9   10 
Analysis of the Judge's Decision in Determining Custody Rights of Minors After Divorce: Study of Decision Number 708/Pdt.G/2025/PA.Skh at the Sukoharjo Religious Court Muhammad Fajrul Minan; Baehaqi Baehaqi; Salman Salman; Aditya Fajri Kurnia Pradana; Muhammad Kurniawan Budi Wibowo; Jeong Chun Phuoc
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7593

Abstract

This study aims to analyze in-depth the judge's juridical considerations in granting custody of a minor child to the biological father in Decision Number 708/Pdt.G/2025/PA.Skh. The primary focus is to evaluate the consistency of the decision with the principle of "the best interest of the child" and to examine the extent to which the judge's arguments override maternal preference as normatively regulated in Article 105 of the Compilation of Islamic Law. The analysis is conducted to ensure legal certainty and the protection of children's human rights within the context of divorce. The methodology employed in this study is normative juridical with a case study and statutory approach. The data sources consist of secondary legal materials, including primary legal materials such as the Marriage Law, the Child Protection Law, the Compilation of Islamic Law, and Decision Number 708/Pdt.G/2025/PA.Skh. Data collection techniques were conducted through literature review and documentation, analyzed qualitatively using an interactive model. This approach enables the researcher to systematically deconstruct trial facts and the legal construction established by the panel of judges. The results indicate that granting custody to the father was based on evidentiary facts regarding the mother’s negligence in caregiving and her absence from the proceedings (verstek), which reinforced the petitioner's claims concerning her moral and psychological incapacity. The study concludes that the "best interest of the child" principle serves as a legal instrument capable of overriding the maternal preference in Article 105 of the Compilation of Islamic Law when there is a proven threat to the child's developmental stability. Recommendations include the urgent need for standardized parenting eligibility parameters within Supreme Court regulations and the optimized involvement of psychological experts to ensure the sustainable psychosocial well-being of the child.
Domestic Violence Based on Article 5 Letter B of Law Number 23 of 2004 as a Consideration for Judges in Deciding on Divorce: Study of the Decision of the Sukoharjo Religious Court Number 223/Pdt.G/2023/PA.Skh Kamilah; Arif Effendi; Aditya Fajri Kurnia Pradana; Afifah Afifah
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7596

Abstract

Domestic Violence (DV) is one of the major factors that can undermine family harmony and lead to divorce. Law Number 23 of 2004 concerning the Elimination of Domestic Violence provides clear regulations regarding various forms of domestic violence, including psychological violence as stipulated in Article 5(b). This study employed an empirical juridical or socio-legal approach using qualitative descriptive analysis. Data were collected through interviews, observations, documentation, and library research. Data validity was ensured through cross-checking, member checking, cross-verification, and triangulation techniques. The findings indicate that domestic violence has not been expressly recognized as an independent ground for divorce in Religious Courts because it is not explicitly regulated in the Marriage Law or the Compilation of Islamic Law. In Decision Number 223/Pdt.G/2023/PA.Skh., the judges granted the divorce based on continuous disputes and marital disharmony under the applicable marriage law provisions, while implicitly considering the substance of psychological domestic violence under Article 5(b) of Law Number 23 of 2004 in assessing the breakdown of the marital relationship. The study recommends strengthening judicial sensitivity in identifying elements of domestic violence, improving evidentiary mechanisms for victims, enhancing inter-institutional coordination, and promoting legal reform to explicitly recognize domestic violence as a ground for divorce in order to achieve substantive justice for victims.
Regional Investment Policies Based on Local Potential to Strengthen a Sustainable Sharia Economy in South Kalimantan Muhammad Hendri Yanova; Parman Komarudin; Ifrani; Muhammad Rifqi Hidayat; Muhamad Rahmani Abduh
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7601

Abstract

The urgency of this research lies in strengthening the role of investment by the Government of South Kalimantan Province as an instrument for both economic growth and equitable regional development. Normatively, such investment has been directed to generate economic and social benefits and to enhance public welfare, as stipulated in Article 2 paragraphs (1) and (2) and Article 3 letters (a) to (c) of Minister of Home Affairs Regulation No. 52 of 2012. However, it has not yet been fully integrated with the development of the Islamic economy, despite its significant potential in the region. This study employs a normative juridical method with statute approach and conceptual approach. The primary legal materials include regulations on regional government investment under Minister of Home Affairs Regulation No. 52 of 2012, provisions on regional capital participation within the local government legal framework, and regulations on regional investment incentives and facilities under Government Regulation No. 24 of 2019. These materials are analysed systematically through the lens of maqāṣid sharī‘ah. The results of this study indicate that regional investment policy should be directed as a selective instrument to promote both growth and equitable distribution through investments in sectors based on local potential, thereby increasing income and employment absorption, under the supervision of the regional head. Furthermore, regional investment policies can be sustainably integrated with Islamic principles by emphasising a maṣlaḥah-oriented approach.
Judicial Considerations in Isbat Nikah for Unregistered Marriages at Sukoharjo Religious Court: A Study of Religious Court Decision Number 16/Pdt.P/2025/PA.Skh Mustajabah Khoirun Nisa’ Muna Afifah; Syamsuddin Syamsuddin; Aditya Fajri Kurnia Pradana; Anisah Amin Zaini Syafiuddin
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7613

Abstract

This study aims to (1) Examine judges' considerations in deciding marriage confirmation cases in the decisions studied. (2) Analyze marriage confirmation procedures according to statutory regulations and Islamic law. (3) Determine the legal implications of determining marriage confirmation for the parties. This study uses a normative juridical approach with a descriptive-analytical nature to examine the determination of marriage confirmation in Decision Number 16/Pdt.P/2025/PA.Skh. The data used are secondary data obtained through literature studies, including laws and regulations and court decision documents. Data collection was carried out by reviewing legal materials relevant to the research problem. Data analysis techniques were carried out qualitatively by interpreting the legal provisions and facts in the decision. This study aims to provide an understanding of the judge's considerations, procedures, and legal implications of marriage confirmation. The results of the study indicate (1) that judges' considerations are carried out comprehensively, referring to Islamic law and positive law in Indonesia. Judges assess the fulfillment of the pillars and requirements for a valid marriage, ensure the absence of obstacles to the marriage, and consider aspects of public interest, legal certainty, and protection of the rights of the parties. (2) The marriage confirmation procedure begins with submitting an application to the Religious Court, followed by examination through trial and evidence, until a decision is made by the judge if all requirements are met. From an Islamic legal perspective, marriage confirmation is proof of a valid marriage according to religion, while in positive law it is a means of obtaining state recognition through official registration. (3) The legal implications of the marriage confirmation are to provide formal legality to the marriage, guarantee legal certainty, and protect the civil rights of the husband, wife, and children. Thus, marriage confirmation plays an important role in bridging the validity of a marriage according to religious law and recognition according to state law
A Synchronized Analysis of Norms and Structural Barriers to Enforcement of Law Number 12 of 2022 concerning Sexual Violence Muhammad Ismail Sholeh; Putri Maha Dewi; Zia Aftab
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7638

Abstract

This study aims to analyse the criminalisation of sexual violence offences from the perspective of Law No. 12 of 2022 on Sexual Violence Offences (the Sexual Violence Offences Act) as a form of reform of national criminal law, and to assess its alignment with the principles of modern criminal law. The background to this research is based on the limitations of the old Criminal Code (KUHP), which has been unable to comprehensively accommodate various forms of sexual violence, particularly contemporary forms such as non-physical sexual harassment, sexual exploitation, forced marriage, and electronic-based sexual violence. This study employs a normative legal methodology, utilising legislative, conceptual and analytical approaches through a literature review of primary, secondary and tertiary legal sources. The results of the study indicate that the TPKS Act constitutes a progressive criminalisation policy that broadens the scope of sexual violence offences, strengthens victim protection through restitution, rehabilitation, and support, and shifts the orientation of criminal law from the protection of public morality towards the protection of human rights and the dignity of victims. From a normative perspective, the TPKS Act has fulfilled the principles of legality, proportionality and victim-oriented criminal law, although the principle of ultimum remedium has shifted towards premium remedium due to the serious nature of the offences. This study also found that the main obstacles lie in implementation, particularly regarding the capacity of law enforcement officials, the legal culture of society, and the effectiveness of implementing regulations. Consequently, the success of the TPKS Law as an instrument of criminal law reform is largely determined by the alignment of legal norms and the optimisation of victim protection measures.
Comparison of Supporting Laws for Children Born Out of Wedlock: Study of Aceh MPU Fatwa No. 18/2015 and MUI Fatwa No. 11/2012 from the Maqasid Shari'ah Perspective Zuniar Zega; Nanda Riswanda Pohan; Shalawati Shalawati; Laila Pitri; Junaidi Junaidi
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7654

Abstract

This study examines the differences in legal reasoning between MPU Aceh Fatwa No. 18 of 2015 and MUI Fatwa No. 11 of 2012 regarding the maintenance rights of children born out of wedlock in Indonesia. The main issue addressed in this research concerns the legal responsibility of biological fathers toward children born from non-marital relationships and the extent to which Islamic law can address contemporary demands for child protection without undermining the principle of lineage (nasab). This research aims to analyze the methodological framework of both fatwas and evaluate their relevance within the framework of Islamic family law and Indonesian positive law in light of Constitutional Court Decision No. 46/PUU-VIII/2010. The study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials include the two fatwas, legislation, court decisions, classical Islamic jurisprudence, and contemporary scholarly opinions, while secondary materials consist of books, journal articles, and previous studies. The findings reveal that both fatwas agree that children born outside of marriage have lineage relations only with their mothers and maternal families. However, they differ significantly regarding financial responsibility. The MPU Aceh strictly denies the biological father’s obligation to provide child support, whereas the MUI introduces ta’zir and wasiat wajibah as mechanisms to ensure the child’s welfare without recognizing lineage. The study concludes that the MUI’s approach is more contextually appropriate and aligned with the objectives of Islamic law (maqasid al-syari‘ah) and contemporary child protection principles in Indonesia.
Legal Analysis of Sharia Insurance Dispute Resolution at PT. Asuransi Takaful Indonesia Maulidya Mora Matondang; Akmaluddin Syahputra; Nawir Yuslem; Iwan Nasution; Sutan Erlambang
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7755

Abstract

This study aims to analyze disputes in Shariah Insuranceusing a case study of PT Asuransi Takaful. The focus of the study includes the forms and characteristics of disputes, the factors causing them, dispute resolution mechanisms, compliance with Islamic economic law principles, and the parties' perceptions of fairness. This study uses a qualitative approach with a case study method to explore the phenomenon in depth based on empirical data and a literature review. The research results show that disputes are generally related to claims, such as rejections, late payments, and differences in benefit values. Factors contributing to these disputes include a lack of transparency, low Islamic financial literacy, and weak communication between companies and participants. Dispute resolution mechanisms are mostly conducted through non-litigation channels such as deliberation, mediation, and Islamic arbitration, which align with the principle of reconciliation (islah). However, there remains a gap between the normative principles of Islamic economic law and its implementation in the field. The parties' perceptions of fairness are strongly influenced by the transparency of the process and the quality of communication. This research contributes to enriching the study of Sharia insurance disputes through a more contextual case study approach. Furthermore, it provides practical recommendations for companies, regulators, and academics to improve the effectiveness of fair and sharia-compliant dispute resolution.
Fish Trading Transactions at Fadel Dela Buli Market, Maba District : A Review from the Perspective of Islamic Economic Law W.D Aisa Desintia; Nirwan Umasugi; Jasmin Jasmin; Basaria Nainggolan; Zainal Abidin Marasabessy
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7629

Abstract

This study examines fish trading practices at Fadel Dela Buli Market, Maba District, from the perspective of Islamic Economic Law. The research focuses on transparency issues, price-quality discrepancies, and fairness in transactions. A qualitative field research approach was applied through observation, interviews, and documentation. The findings reveal that several trading practices do not fully comply with sharia principles, particularly in terms of honesty (shidq), fairness (‘adl), and avoidance of uncertainty (gharar). Non-transparent information regarding fish quality and inconsistent pricing mechanisms often disadvantage buyers. From the perspective of Islamic Economic Law, such practices are categorized as ethically problematic and potentially invalid due to elements of deception (tadlis). The study recommends strengthening ethical awareness among traders and improving market supervision to ensure fair and transparent transactions aligned with sharia principles
Community Perceptions of the Zakat Management System of the Al-Mutathahirin Mosque Council in Maliyaro Village, Ternate City : An Islamic Economic Law Perspective Jusni Maujud; Abdul Rauf Wajo; Mustamin Gilling; Nirwan Umasugi; Zainal Abidin Marasabessy
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7636

Abstract

This study examines community perceptions of the zakat management and distribution system implemented by the Al-Mutathahirin Mosque Council in Maliyaro Village, Central Ternate District, Ternate City, from the perspective of Islamic Economic Law. This study uses a qualitative approach with a phenomenological design. Data were collected through in-depth interviews, observation, and documentation involving six community informants, seven mosque administrators, and representatives of the village government.The results show that the zakat management system is generally assessed positively by most community members, especially those who regularly receive zakat distribution. However, some eligible mustahik have not received their rights due to inaccuracies in data collection at the RT/RW level, which creates critical perceptions among certain informants. The zakat collected annually from three neighborhoods (RT 7, 8, and 9) reaches IDR 80–85 million and is mainly distributed in consumptive forms through coordination with neighborhood heads. From the perspective of Islamic Economic Law, the management system generally aligns with the principles of amanah (trustworthiness), justice, and territorial distribution as stated in Q.S. At-Taubah: 60. However, challenges remain in institutional formalization, transparency, separation of zakat funds from other mosque revenues, and the absence of a systematic productive zakat program. This study recommends strengthening coordination between mosque administrators and village authorities, improving data transparency, and developing productive zakat distribution models to optimize zakat as a tool for economic empowerment and poverty reduction in the community.
From Transactional Compliance to Judicial Justice: (Answering the Challenges of Sharia Economics and Contemporary Law Enforcement) Zulhamdi Zulhamdi
Al-Hiwalah: Journal of Sharia Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law
Publisher : Department of Islamic Economic Law, Faculty of Sharia, Sultanah Nahrasiyah State Islamic University, Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/al-hiwalah.v5i1.7994

Abstract

This edition of Al-Hiwalah: Journal of Islamic Economic Law presents ten scientific articles that comprehensively examine the dynamics of Islamic economic law, judicial jurisprudence, and the protection of vulnerable groups in Indonesia. In the muamalah cluster, the manuscript dissects sustainable regional investment policies in South Kalimantan, a normative analysis of DSN-MUI Fatwa No. 115/2017 regarding the integration of the principle of Al-Ghunm bi Al-Ghurm and the prohibition of Dhaman in mudharabah, and the resolution of insurance disputes at PT. Asuransi Takaful Indonesia. Empirical aspects are explored through transactions at Fadel Dela Buli Market, Maba District, as well as the perception of zakat management by the Al-Mutathahirin Mosque Council in Ternate. Meanwhile, the realm of family law and law enforcement focuses analysis on the decisions of the Sukoharjo Religious Court, including the judge's considerations in determining child custody after divorce (No. 708/Pdt.G/2025/PA.Skh), domestic violence as a basis for divorce (No. 223/Pdt.G/2023/PA.Skh), and the legality of marriage confirmation (No. 16/Pdt.P/2025/PA.Skh). This discourse is strengthened by a comparative study of the Aceh MPU Fatwa No. 18/2015 and the MUI Fatwa No. 11/2012 regarding illegitimate children from the perspective of Maqasid Syariah, as well as an analysis of the structural obstacles to the enforcement of Law No. 12 of 2022 concerning Sexual Violence. This edition successfully bridges the dogmatics of legal texts with socio-economic realities, while formulating applicable policy recommendations for academics, judicial practitioners, and national policymakers

Page 9 of 10 | Total Record : 92

 6   7   8   9   10 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol. 5 No. 2 (2026): Al-Hiwalah : Journal Syariah Economic Law Vol. 5 No. 1 (2026): Al-Hiwalah : Journal Syariah Economic Law Vol. 4 No. 2 (2025): Al-Hiwalah : Journal Syariah Economic Law Vol. 4 No. 1 (2025): Al-Hiwalah : Journal Syariah Economic Law Vol. 3 No. 2 (2024): Al-Hiwalah : Journal Syariah Economic Law Vol. 3 No. 1 (2024): Al-Hiwalah : Journal Syariah Economic Law Vol. 2 No. 2 (2023): Al-Hiwalah : Journal Syariah Economic Law Vol. 2 No. 1 (2023): Al-Hiwalah : Journal Syariah Economic Law Vol. 1 No. 2 (2022): AL-Hiwalah: Journal Syariah Economic Law Vol. 1 No. 1 (2022): Al-Hiwalah : Journal Syariah Economic Law