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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Published by Institut Agama Islam Negeri Padangsidimpuan
ISSN : 24426644     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v8i2
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Library & Information Science Social Sciences Other
Jurnal Al-Maqasid ini merupakan jurnal ilmu kesyariahan dan keperdataan. Jurnal Al-Maqasid: Jurnal Ilmu Kesyariahan dan Keperdataan diterbitkan dua kali setahun yang memuat 10 artikel dalam setiap edisi., Al-Maqasid Journal: Journal of Sciences and Civilization Journal is a journal that aims to become a leading peer-reviewed platform and authoritative source of information. We publish original research articles, review articles, and case studies that focus on the study of literature and civilization. Articles sent have never been published elsewhere in any language nor are they being reviewed for publication anywhere. The following statement describes the ethical behavior of all parties involved in the act of publishing articles in this journal, including writers, editors, reviewers, and publishers (Faculty of Sharia and Padangsidimpuan IAIN Law Sciences). Jurnal Al-Maqasid : Jurnal Jurnal Ilmu Kesyariahan dan Keperdataan adalah jurnal yang bertujuan untuk menjadi platform peer-review terkemuka dan sumber informasi yang otoritatif. Kami menerbitkan artikel penelitian asli, artikel ulasan, dan studi kasus yang berfokus pada kajian kesyariahan dan keperdataan. Artikel yang dikirim belum pernah dipublikasikan di tempat lain dalam bahasa apa pun juga tidak sedang ditinjau untuk publikasi di mana saja. Pernyataan berikut ini menjelaskan perilaku etis dari semua pihak yang terlibat dalam tindakan menerbitkan artikel dalam jurnal ini, termasuk penulis, editor, pengulas, dan penerbit (Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 181 Documents
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SANKSI HUKUM TERHADAP PELAKU GAME ONLINE DITINJAU DARI HUKUM ISLAM DAN HUKUM NASIONAL Gunawan, Hendra; Yanti, Sri Afrida
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i1.11098

Abstract

This paper aims to analyze legal sanctions for online game players, especially domino or scatter online games. Every act of gambling is prohibited by laws and regulations, as stipulated in Article 303 of the Criminal Code. The reasons for playing games are very diverse, some are to fill the void of time but can be haram (not allowed), if there is an element of betting (gambling). This research is a normative-juridical legal research, so to answer this question the author digs from literature and electronic media that discusses the intricacies of domino or scatter games, then analyzes from the point of view of Islamic law, about the elements why legal sanski does not run officially. The results of this study show that legal sanctions for online gambling players can be sentenced to imprisonment for 10 years (Article 30 of the Criminal Code). While Article 303 BIS regulates unlicensed gambling. "Any person who without permission holds or gives the opportunity to play gambling. A maximum prison sentence of 4 years or a maximum fine of Rp 10 million". Meanwhile, Law No. 7 of 1974 concerning the Regulation of Gambling affirms the prohibition of all forms of gambling and strengthens penalties for violations. Strengthen existing sanctions in the Criminal Code, including the possibility of additional penalties in accordance with the enforcement policy. While Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE) explains that Article 27 Paragraph (2) concerning the prohibition of distribution of electronic information containing gambling content. "Any person intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information that has gambling content. A maximum prison sentence of 6 years and/or a maximum fine of IDR 1 billion". While QS. Al-Baqarah Verse 219 and QS. Al-Maidah Verse 90 explains that the act of scatter type online games is strictly forbidden, because there are elements of ta'jir or maisir. It can be concluded that the legal sanctions made by the Government do not run according to the procedure, meaning that they have not had a deterrent impact on online gambling actors.
The Triad of State, Law, and Religious Failure in Protecting Children's Rights After Divorce: An Empirical Legal Study in Urban Communities in Pekanbaru Nurafifa, Tiara; Hafis, Muhammad; Nelli, Jumni; Syafitri, Juliani
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17455

Abstract

Based on data from the Central Statistics Agency in 2023, one in three children no longer receive their basic rights after their parents' divorce. In Delima District, Pekanbaru—which has the highest divorce rate in Riau Province at 18.5%—72% of mothers reported difficulty in financing their children's education, while 45% of children experienced emotional disturbances. Therefore, this article aims to examine the reality of children's rights after divorce in the urban area of Pekanbaru, focusing on the following questions: Why are children's rights (especially alimony and education) in urban areas such as Pekanbaru often neglected after divorce? What systemic failures hinder this? And what is the social reality when it comes to fulfilling children's rights? Using a qualitative-phenomenological approach through descriptive case studies, this research involved six main informants, plus two religious affairs officials and two religious leaders who were selected purposively. Data were collected through in-depth interviews and analyzed using thematic analysis techniques. The results show that the neglect of children's rights after divorce in Pekanbaru (especially in the Delima subdistrict) is caused by a triadic failure: the state (absence of a safety net for children who are victims of divorce), the law (inconsistency in alimony regulations, weak enforcement of court decisions, high litigation costs), and religious institutions (failure to encourage fathers to fulfill their responsibilities in accordance with Islamic mandates). This failure also reflects the weak enforcement of Islamic family law principles, particularly in the implementation of hadhanah and nafkah obligations as stipulated in the KHI and the Marriage Law, which have not been able to guarantee comprehensive protection for children. This is compounded by the persistent patriarchal culture that makes ex-wives reluctant to fight for their children's rights. These findings call for policy reform based on an integrated child rights framework that bridges formal law, religious values, and community mechanisms, as well as the deconstruction of patriarchal culture in the enforcement of children's rights.
The Impact of Marriage Without a Guardian in the Perspective of Islamic Family Law and Indonesian Positive Law Utami, Muna; Djawas, Mursyid; Amri, Aulil
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17608

Abstract

Marriage without a legitimate guardian (wali) is a violation of both Islamic law and Indonesian positive law, which leads to various legal and social consequences. This study aims to analyze the case of a marriage without a wali that occurred in Gampong Simpang Peut, Kuala District, Nagan Raya Regency, and the impacts caused by such a marriage in the context of both Islamic law and Indonesian positive law. Using an empirical legal method and a qualitative approach, data was collected through observation, interviews, and literature study. The informants of the research included the Head of KUA (Office of Religious Affairs) in Kuala District, the Geuchik (village head) of Gampong Simpang Peut, Tuha Peut (village elders), and Tgk. Imum Meunasah Gampong Simpang Peut. The research findings indicate that the marriage without a legitimate wali that occurred in Gampong Simpang Peut is considered invalid according to Indonesian positive law, particularly based on Article 22 of Law No. 1 of 1974 on Marriage, which states that a marriage may be annulled if it does not fulfill the stipulated requirements, including the presence of a legitimate wali. Additionally, Article 71 (e) of the Compilation of Islamic Law (KHI) stipulates that a marriage conducted without a wali or with an unqualified wali is legally void. Social impacts arising from this include negative stigma toward the involved couple, conflicts between families, and legal uncertainties concerning the status of children born from the marriage. From an Islamic law perspective, marriage without a legitimate wali contradicts the principles of Islamic law, which requires the wali as an essential element of the marriage contract. According to the Shafi'i school of thought, marriage without a valid wali is considered fasid (defective) and invalid. This is further supported by Articles 14 and 19 of the KHI, which state that a marriage conducted without a legitimate wali can be annulled by the Religious Court. Furthermore, the Hadith of Prophet Muhammad SAW, which states, "There is no marriage except with a wali" (HR. Abu Dawood), emphasizes that the presence of a wali is a necessary condition for a valid marriage under Islam.
The Implementation of the Return of Criminal Evidence in the Probolinggo District Court Based on Prosecutor's Regulation Number 7 of 2020 Hadiah, Hadiah; Dluha, Muhamad; El HF, Kholidazia
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17827

Abstract

This study discusses the implementation of the return of evidence in criminal cases at the Probolinggo City District Attorney's Office based on Prosecutor's Regulation Number 7 of 2020 concerning Asset Recovery. The main focus of this study is to describe the administrative mechanisms and obstacles faced in the process of returning evidence after a court decision with permanent legal force. This research was analyzed using the Lawrence M. Friedman Legal System Theory approach which includes three main elements, namely legal structure, legal substance, and legal culture. The method used is an empirical juridical approach with a combination of legislative and socio-legal approaches. Data was obtained through literature studies, observations, and interviews with prosecutors, evidence officers, and the recipient of goods. The results of the study show that the return of evidence is carried out through the digital service system "Sobat Ali" (Evidence Return Solution by the State Attorney Ali), but its implementation still faces several obstacles, including the ignorance of the owner of the goods, low public awareness, and limited evidence storage facilities.
Serial Polygamy without the Consent of Legal Spouses: Juridical Analysis and Study of Islamic Family Law Wati, Khairina; Darmawijaya, Edi; Amri, Aulil
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16754

Abstract

This study analyzes the practice of unregistered polygamous marriages (poligami siri) conducted without the knowledge of the lawful wife, which remains prevalent in Gampong Barueh, Kota Jantho, Aceh Besar. This phenomenon reveals a disparity between legal regulations and social practices, as it contravenes Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, both of which require the consent of the first wife and official marriage registration. The research employs a juridico-empirical approach through case and conceptual studies, involving interviews with the village head (Keuchik) as the key informant and two respondents consisting of a married couple. The findings indicate that poligami siri is often conducted secretly, motivated by economic factors and biological needs. From the perspective of Islamic jurisprudence (fiqh), such marriages are deemed valid as they fulfill the essential elements (arkan) of marriage; however, from a legal standpoint, they lack state recognition, resulting in legal uncertainty, gender discrimination, and child neglect. The practice disregards the Islamic principles of justice (al-‘adl) and responsibility (mas’uliyyah). The study recommends strengthening the supervisory roles of the Office of Religious Affairs (KUA) and the Sharia Court (Mahkamah Syar’iyah), implementing collective isbat nikah programs, and enhancing family law literacy through community legal education. It further concludes that greater synergy between Islamic law and national law is essential to ensure that polygamous marriages are not only religiously valid but also legally enforceable to protect the rights of wives and children.
Domestic Violence as a Cancellation of Inheritance Rights: An Analysis of Article 173 of the Compilation of Islamic Law Perspective of the Shafi'i School Sholihah, Wilda Masna; Ashari, Winning Son
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17081

Abstract

Domestic violence (DV) is one of the most prevalent forms of human rights violations in Indonesia. In Chapter 173 of the Compilation of Islamic Law (KHI), it is stipulated that a person is barred from becoming an heir if they are proven, based on a final and binding court decision, to have committed murder, attempted murder, severe abuse, or slander against the deceased. Although the term “domestic violence” is not explicitly mentioned, several forms of domestic violence may meet the elements specified in the article. This study examines the status of domestic violence as a nullifier of inheritance rights from the perspective of Article 173 of the Compilation of Islamic Law (KHI) and the Shafi'i school of thought. The objective of this study is to analyze and identify the concept of domestic violence as a nullifier of inheritance rights based on Article 173 of the KHI and the Shafi’i school of thought’s perspective on domestic violence as a nullifier of inheritance rights. This study employs a qualitative approach with a literature review methodology. Research results indicate that acts of domestic violence (KDRT) that constitute murder, attempted murder, serious assault, or defamation against heirs, with a final and binding court decision, can prevent the perpetrator from obtaining inheritance rights, provided that the criminal acts meet the specified qualifications and the criminal penalties are in accordance with the provisions. However, this determination remains subject to the judge's decision and must not be made arbitrarily. In the Shafi'i school of thought, the obstacles to inheritance rights that are explicitly recognized are murder in any form, differences in religion, slavery, differences in status of unbelief, apostasy, and ad-daur al-hukmi, so that domestic violence only becomes an obstacle to inheritance if the act reaches the level of murder of the heir.
The Influence of Fatherless on Marriage Motivation Girls in Situbondo District Janatul Firdaus, Laili; Kumaini, Ruston
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16938

Abstract

AbstractThe phenomenon of fatherlessness is a significant social issue in Indonesia, with 20.9% of children growing up without the presence of a father. This study aims to explore the factors contributing to the fatherless phenomenon and investigate its impact on the marriage aspirations of girls in the Situbondo District. The research adopts a qualitative approach with a case study design. The findings reveal four main factors causing fatherlessness: lack of support during the developmental years, parental divorce, paternal neglect, and emotional absence. These factors contribute to low self-confidence and uncertainty in forming relationships. Some informants expressed a positive desire to marry, although past trauma made them more selective in choosing a partner. Others, however, felt doubtful or skeptical about marriage due to past experiences. It can be concluded that the fatherless experience has diverse influences on the motivations and desires for marriage among girls. These differences include coping strategies for trauma and varying criteria for choosing a partner. However, a common thread among them is the awareness of the importance of a responsible male figure and the need for emotional security and stability. This study emphasizes that father involvement is crucial in the psychological development and relational dynamics of girls and provides important insights for parents and policymakers to design more effective interventions to support children in similar situations. Furthermore, it highlights the need for greater attention to the fatherless issue within communities, particularly in Situbondo District.
Transformation of the Awareness of Prospective Married Couples through Premarital Guidance: A Philosophical Perspective of the Sukamulya Religious Affairs Office Nurpaiz, Reza Fahlevi; Izzati, Novia Nurul; Aspandi, Aspandi; Rafiudin, Rafiudin; Inayah, Bidayatul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16718

Abstract

This study aims to analyze the implementation of the premarital guidance program at the Sukamulya District Religious Affairs Office (KUA) and assess its contribution to fostering harmonious families. The study also identifies supporting factors, inhibiting factors, and the program's impact on the readiness of prospective brides and grooms. This study is crucial due to the high number of cases of household disharmony and the need to evaluate the effectiveness of premarital guidance as a preventative measure. Academically, this study addresses the lack of empirical studies related to the implementation and effectiveness of premarital guidance at the sub-district level, including the gap between the material provided and family practices after marriage. Using qualitative field research methods, data were collected through observation, interviews, and documentation. The results indicate that the implementation of guidance includes education on marital values, conflict management, and financial management.. Supporting factors included institutional support, participant enthusiasm, comprehensive materials, and competent resource persons. Inhibiting factors included time constraints, lack of active participation, accessibility constraints, and minimal post-counseling evaluation and support. Visible impacts included improved understanding of prospective brides and grooms, mental-emotional readiness, and the quality of couple communication. However, long-term effectiveness remains uncertain due to the lack of follow-up monitoring. This study confirms that premarital counseling plays a crucial role in building harmonious families, but requires strengthening interactive methods and ongoing evaluation.
Deconstruction of the Misconception of Kafā'ah: Reinterpretation Based on Comparative Analysis of Madhhab Qoimah, Nisaul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16794

Abstract

The concept of kafa'ah in Islamic marriage is often misunderstood as a form of rigid social classification or even considered a requirement for a valid marriage. In fact, kafa'ah in classical fiqh literature is intended to create harmony in the household through the compatibility of spouses in religious, moral, and social aspects. However, there are significant differences in the understanding of kafa'ah among the imams of the madhhabs ranging from the criteria set, the level of urgency, to its implications for the validity of marriage. These differences in interpretation have caused confusion among contemporary Muslim communities and require in-depth comparative studies to correct the misconceptions that have developed. The research is centered on Islamic marriage practices and legal thought and seeks to clarify how kafa’ah can be applied more inclusively and justly in the context of modern society. The findings suggest that kafa’ah should not be reduced to rigid standards but seen as a flexible principle rooted in justice and mutual respect, capable of adapting to contemporary realities to ensure sustainable and harmonious marriages.
Gharar Problems in the Majek Tradition: Juridical Analysis of Farm Workers' Wages from the Perspective of Sharia Economic Law Diningsih, Alfia; Jafar, Khumedi; Faizal, Liky; Rohmah Wati, Siti
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16244

Abstract

The employment remuneration practices observed in the majek tradition in Semaka District, Tanggamus Regency reveal significant differences between customary law, the formal regulatory framework, and Sharia principles. The main issues identified in this examination include manifestations of legal ambiguity (gharar) and a lack of protection for workers' rights, stemming from unilateral decisions regarding remuneration and post-harvest wage determination. Data was obtained through comprehensive interviews with landowners and agricultural workers, then analysed through the lens of the principles of Fikih Muamalah and Maqashid Sharia. The findings indicate that the majek tradition fails to meet the legal criteria associated with ijarah contracts due to the prevalence of gharar fahish (excessive uncertainty) regarding wage amounts. Juridically and philosophically, this practice contradicts the principles of justice ('is) and property protection (hifz al-mal) as articulated in Shariah Maqashid. This study advocates the formalisation of direct employment contracts in written form to ensure legal certainty and the protection of agricultural workers, who are positioned as vulnerable parties (mustadh'afin).

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