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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v9i2
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The Al-Maqasid Journal is a journal of sharia and civil science, Jurnal Al-Maqasid: Journal of Sharia and Civil Sciences is a journal dedicated to publishing quality articles and research results in the field of sharia and civil science. This journal publishes various articles that are up-to-date conceptual, research results and actual issues relevant in the field of sharia and civil science using a systematic writing method, by presenting reviews of previous studies, and closed with a brief but complete summary. With our commitment to the advancement of science, al-maqasid journal follows an open access policy that allows for published articles to be available online for free without subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 154 Documents
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INTRAKSI SOSIAL DALAM KELUARGA ISLAM Fata, Nariya
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 1 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i1.1526

Abstract

According to social studies not all contacts and social relations that occur are religious
MENAKAR KONSEPSI KHILAFAH Arifin, Musa
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 1 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i1.1559

Abstract

khalifah kembali menjadi opini publik pasca pemerintah membubarkan hizbuttahrir
KISAH NABI YUSUF AS DALAM AL-QUR’AN Hasiah, Hasiah
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 3, No 1 (2017)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v3i1.1464

Abstract

The story of prophet Yusuf as is very beautiful story is comprehensively in a coherent story of prophet Yusuf since young to adulthood, from a human body to be a prophet, of acommoder to become a goverment official. The passage of time in the course of the story of prophet Yusuf. That so long is certainly filled with the turmoil of conflict and problems that are very diversi. So that these facts are not enough in the analysis alone. But it took the deepening of the language in order to understand the philosophical visible message contained there in.
DINAMIKA HUKUMAN RAJAM DI BEBERAPA NEGARA MUSLIM MODERN DAN RELEVANSI PENERAPAN DI INDONESIA Ilhami, Hanif A'la; Efendi, Zul
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.v10i1.10857

Abstract

This research aims to examine the implementation of stoning punishment in several Muslim countries and investigate the relevance of stoning punishment for implementation in Indonesia. This study is a qualitative research with a literature review approach by collecting books, articles, and legal documents related to the implementation of stoning punishment in modern countries. The research findings indicate that stoning punishment has been legislated in the laws of Brunei Darussalam. While Malaysia and Indonesia are still engaged in academic discourse and debates, Saudi Arabia and Iran, which initially acknowledged the existence of stoning punishment in their judiciary, are slowly abandoning it. Two factors reducing the enforcement of stoning punishment are identified. First, the increasing strength of discourse opposing the death penalty and even opposing the criminalization of adultery itself as it is considered a private matter. Second, the growing dominance of Western countries over the economy of Muslim countries resulting in their limited autonomy in determining their own laws. As for stoning punishment, from various approaches, it is relevant to be implemented in Indonesia because it can resolve various state budget issues and provide a more deterrent effect. Furthermore, stoning punishment is not exclusively Islamic law but also recognized in Judaism and Christianity, making it suitable for many religions in Indonesia.
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; Aripin, Musa
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.
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.

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