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Jurnal Elsyakhshi
Published by Sekolah Tinggi Agama Islam Solok Nan Indah
ISSN : -     EISSN : 30326818     DOI : https://doi.org/10.69637/jelsy.v2i1.51
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Elsyakhsi is an international peer-reviewed journal published by Institute of Research and Community Service STAI Solok Nan Indah, Indonesia in collaboration with the International Islamic Studies Development and Research Center (IISDRC). Details on our focus and scope can be viewed here. Elsyakhshi: Journal Islamic Law is published three times a year June and December and accepts current research articles that have the potential to make a significant contribution to the exploration and development of psychology and behavioral sciences. Articles submitted to this journal must display a well-thought-out study design, appropriate data analysis, and interpretation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
Analytical Study of the Development of Islamic Law in Indonesia Hazanah, Natriani; Netti, Misra; Aryanti, Yosi
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.6

Abstract

The study of Islamic law is currently experiencing development, because the impact of developments in science and technology, especially information and communication technology, is taking place rapidly. Changes in society in one place quickly spread to people in other places. The events occurring at this time stimulated the emergence of movements demanding free forms of the Quran and the Prophet's Sunnah, the reopening of the doors of ijtihad, and the abandonment of the doctrine of taqlid. This study uses a qualitative method with content analysis approach, all data taken from various sources are derived from classical holy books, books, theories and expert opinion of Islamic education. The results of this research found the results of the development of Islamic studies during colonial rule, Islamic law in Indonesia during the period of national independence and types of Islamic law and their application. Methods for updating Islamic family law include: Takhshish al-qadha', giving authority to judges, Takhayyur, choosing between opinions within one dominant school, or among four schools, even outside the Sunni school, Re-translating verses of the Quran an and Hadith (retranslation), Siyasah syar'iyyah, determining law based on benefits, Judge's Decision.
Legal Certainty of the Rights of Wives and Children After Divorce Siregar, Yani Arfianti; Yusrial, Yusrial; Arisman, Arisman; Lidia, Notri
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.10

Abstract

The position of suspicious children in the perspective of Islamic law is a topic of significant interest and importance within legal and ethical discourse. In Islamic jurisprudence, the treatment and rights afforded to children, particularly those born under suspicious circumstances, hold profound implications for both societal norms and legal frameworks. Understanding the nuanced stance of Islamic law towards suspicious children necessitates a comprehensive exploration of religious texts, legal principles, and contemporary interpretations. This research aims to see what the rights of women and children are after divorce, what is the legal certainty in fulfilling the rights of women and children after divorce in the Religious Courts, and what are the obstacles to fulfilling the rights of women and children after divorce in the Religious Courts. This research method uses a qualitative method with content analysis approach. From the research that has been carried out, it was found that legal certainty in fulfilling the rights of women and children in the religious court environment is still not effective. The issue of the rights and obligations of husband and wife in the event of divorce is closely related to the legal awareness of both parties. So there is a need for good legal awareness among the public regarding the rights and obligations of marriage. Good legal awareness has a causal relationship with the effectiveness of legal certainty of the rights of children and wives after divorce.
Analysis of Religious Court Decisions Regarding Heir Rights for Non-Muslims Yandi, Akmal; Ediz, M. Hidayat; Roszi, Jurna Petri
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.17

Abstract

Section 171 concerning person who inherits and heir must be a Muslim who has blood relations or marital relations. In case 04/Pdt/2013/ the Bandung Religious Court determined the share of non-Muslim inheritance on the pretext of using a mandatory will. For this reason, research within literature method for case analysis of 04/Pdt/2013/PA Bandung. The results target of this study is determination of Muslim heirs by non-Muslims who are determined by Bandung Religious Court Judge through the determination path number 04/Pdt/2013, if measured through perspective of Islamic Sharia. The judge's determination contradicts the opinion based on the hadith that Muslims do not inherit from infidels and vice versa. Significantly shows the existence of an embargo to become heirs and heirs between people who are Muslims and Non-Muslim. Meanwhile, PA Bandung judges are guided by handful of opinions whose basis is based on general hadith of Prophet and does not discuss inheritance.
Analysis of the Use of Technology from the Perspective of Islamic Family Law in Era 4.0 Daharis, Ade; Rizal, Deri; Stiawan, Thoat; Iskandar, M. Yakub
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.31

Abstract

Industrial revolution 4.0. causing a shift in lifestyle from a social, religious pattern to a materialistic and secular individual pattern. Apart from that, the cultural sector has been disrupted due to the development of social media which has reconstructed the cultural structure of society. Social relations between communities are now more closely established in the virtual world, so that relationships in the real world have become relative. This results in a lack of direct communication with family members because they focus on seeking their own pleasure. In the era of the industrial revolution 4.0, parents have also given gadgets to their children aged around 4-6 years. This research uses a social approach method and structural functionalism as its theory. The results of the research are that families do not reject revolution and use technology to help their daily lives. Apart from that, there are implications of structural functionalism theory with the occurrence of disruption in the era of the industrial revolution, especially in the social and cultural fields of society. The Industrial Revolution Era 4.0 is an era where various things in life are filled with sophisticated technology. Several families that the author studied have used technology produced by the industrial revolution 4.0. They use it in their daily lives so that it is felt as a need and urgency. As a result, there is a shift in perspective and lifestyle in society in various areas of life, one of which is social and cultural, resulting in disruption. The disruption process has gone through a process of externalization, objectification and internalization as per the theory of structural functionalism so that both are relevant.
Validity of Biological Father As Marriage Guardian Against Syubhat's Son Mushthafa, Mushthafa; AN, Rusydi; Nurliana, Nurliana
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.32

Abstract

This study aims to understand and find out how the marriage guardian is determined for children born as a result of a relationship Wath'i syubhat, be it a relationship Wath'i syubhat because of the contract and/or relationship Wath'i syubhat due to actions, as well as the legal consequences of having a biological father who is the child's marital guardian suspicious. Indeed, in Law No. 1 of 1974 concerning Marriage in article 43 paragraph (1) it is explained that: "illegal children only have a civil relationship with their mother and their mother's family". But in context Wath'i syubhat of course there are differences. In Wath'i syubhat, children born in this case can still have lineage with his biological father, and has the same rights as the rights of children born in a normal contractual relationship, such as a biological father being able to become guardian for his daughter from Wath'i syubhat. Child's marriage guardian watha' syubhat different from the marriage guardian of an adulterous child. Judging from the way it is mixed, if...watha’ syubhat there was a mix-up due to a misconception that the man and woman were a legal couple. While adultery sometimes there is an agreement or mutual consent, but they realize that the man and the woman have no one to legalize the intercourse. So the guardian marries the childwatha’ syubhat that's the person whogive away himself (biological father) if the child was born after six months afterdukhul (intercourse).
Analysis of the Nature Marriage in the Perspective of Islamic Family Law Norcahyono, Norcahyono; Koto, Alaiddin; Hanafi, Muhammad; Mulyani, Ridha; Safitri, Noraya
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.43

Abstract

Marriage is a strong bond that creates peace, happiness, and love (harmony). However, the reality is that disharmony is currently the reason for divorce. The couple's lack of knowledge about the nature and purpose of marriage is the main factor in this disharmony. According to Islamic family law, this research aims to analyze the nature of marriage and the responsibilities of husband and wife in marriage. This research uses a qualitative method with a descriptive-analytical approach. Data sources were obtained from Islamic legal sources such as the Alquran, Hadith, translations of fiqh books, Islamic legal literature, and journals. The data collection technique in this research is documentation of these sources. The main source of Islamic family law discusses the nature of marriage in guiding muslim families to build and care for the family so that it becomes an ideal and happy family. The results of this research show that: i) the nature of marriage from the perspective of Islamic family law ii) the five responsibilities of the husband in the family and the six responsibilities of the wife in the muslim family are by the Alquran and Hadith.
Legislative Dynamics of Religious Courts and Compilation of Islamic Law in Indonesia Analysis of Busthanul Arifin's Thoughts Is, Muhammad Fadhlan; Ediz, M.Hidayat; Sarianto, Debi
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.50

Abstract

The Religious Courts Law and the Compilation of Islamic Law serve as guidelines for resolving cases in the Religious Courts. The drafting of religious justice laws and the drafting of Islamic law in Indonesia involved several important stages and key figures. One of the important figures in the preparation and formulation of laws regarding religious justice and the preparation of Islamic law is Busthanul Arifin. This research aims to explain Bustanul Arifin's ideas and thoughts which color the formulation of religious laws and the preparation of Islamic law in Indonesia. This research uses a qualitative method with a content analysis approach. The research findings explain that Busthanul Arifin's thoughts greatly influenced the formation of religious justice laws and the drafting of Islamic law. There are three important thoughts of Busthanul Arifin, namely first; institutionalization of Islamic law can avoid differences in the application of Islamic law. Second, the institutionalization of Islamic law can be carried out by increasing the authority and function of religious courts. Third, the institutionalization of Islamic law is to uphold justice and strengthen the Indonesian state based on Pancasila, not to create an Islamic state. Knowing and understanding Busthanul Arifin's thoughts on Islamic law legislation in Indonesia through the judiciary will provide an understanding that unity in the application of Islamic law is a solution to avoid legal dualism and strengthen the upholding of justice and is by Pancasila.
Implementation of Divorce Mediation for State Civil Apparatus: Sociological Analysis of Islamic Law Arisman, Arisman; Yusrial, Yusrial; Umar, Abdullah
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.51

Abstract

Divorce mediation has become one of the alternative dispute resolutions recognized in the Indonesian legal system. However, its application in the State Civil Apparatus has its own challenges that require in-depth analysis. This research aims to propose to the government and the courts that mediation for the state civil apparatus be carried out during the process of obtaining a superior's license by a mediator appointed and approved by the local government so that after the superior's license is issued, the mediation process is no longer carried out in court. This research uses a qualitative method with a juridical-sociological approach, data sources are taken through primary and secondary data, in the form of data from four religious courts in one of the provinces in Indonesia. All data were analyzed using the Milles & Hubberman Interactive Model Analysis. The results of the study were threefold: First, the implementation of mediation is not yet optimal, second, the recommendation to appoint a competent mediator team, third, the proposal to adopt the results of mediation into the trial. This study recommends increasing mediator training and psychological support for the State Civil Apparatus involved as a form of wider socialization of the benefits of mediation.
The Effect of Kafa’ah on Marriage from the Perspective of Mashlahah: An Analysis of the Maliki Madhhab Surya, Asmedi; Jaafar, Azhar; Ichsan, Muhammad; Aryanti, Yosi
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.60

Abstract

Hirfah (occupation) is one of the criteria for kafa’ah (compatibility) in marriage according to most schools of Islamic thought. However, the Maliki school of thought does not consider Hirfah essential for kafa’ah. According to Maliki scholars, occupation does not impact the benefit or validity of a marriage. This study aims to analyze the Maliki perspective on Hirfah as a criterion for kafa’ah and its implications for marital benefit. This research uses a qualitative approach with content analysis, this research explores the Maliki school’s stance on kafa’ah criteria in depth. The findings indicate that the Maliki school does not include Hirfah as a criterion for kafa’ah, emphasizing instead that religious compatibility is the principal factor. This position is influenced by the cultural context of Imam Malik’s time, when women’s employment was uncommon. However, in contemporary contexts, many women work prior to marriage, which affects their socioeconomic status and, consequently, community perspectives. This shift has led Hirfah to be increasingly viewed as a relevant factor in assessing kafa’ah and the benefit of marriage today.
Five Husbands' Negligence in Fulfilling Their Child Maintenance Obligations after Divorce: A Phenomenological Study in a Muslim Community Purnanda, Defri; Burhanuddin, Burhanuddin; Hamdi, Isnadul; Daharis, Ade
Jurnal Elsyakhshi Vol. 2 No. 1 (2024): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i1.65

Abstract

One of the phenomena that often occurs after the divorce of a husband and wife is related to the fulfillment of child support by the husband. Typically, the husband is still obligated to provide child support to ensure that the child’s rights are properly met. However, in Muslim communities, there are still cases where husbands do not fulfill this responsibility, creating a polemic for the children and wives left behind. Therefore, this study aims to explore the phenomenon within Muslim communities related to the issue of a husband's responsibility for child support after divorce. This research uses qualitative methods with a phenomenological approach. Data were collected through individual interviews with fourteen informants, consisting of three husbands, six wives, and five family members. All informants were selected using a snowball sampling technique, and data were analyzed using the Miles & Huberman technique. Overall, the research findings reveal five types of negligence by husbands regarding child maintenance after divorce. The types of negligence include: i) the husband remarries and subsequently neglects his responsibility to provide for the child, ii) loss of communication with the family due to relocation, iii) financial instability, iv) lack of commitment to fatherly responsibilities, and v) shifting the full burden of child maintenance to the wife. These findings serve as a lesson and a strong moral message for Muslim communities, especially for divorced husbands, about the importance of responsibility and commitment in fulfilling child support obligations after divorce.

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