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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
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Divorce Lawsuit on the Reason Husband is Addicted to Online Gambling Desvia, Lusiana; An, Rusydi; Yandi, Akmal; Febria, Thomas; Huzaemah, Umu
Jurnal Elsyakhshi Vol. 2 No. 2 (2024): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i2.44

Abstract

Suiting for divorce on the grounds that the husband is addicted to online gambling is an increasingly disturbing phenomenon in today's modern society. This article aims to dig deeper into the impact of online gambling addiction on marital relationships and the resulting divorce process. The data collection method in this research was carried out through literature study which includes scientific articles, journals and other trusted sources. In this research, we will analyze how online gambling addiction can affect the dynamics of husband and wife relationships, the factors that trigger online gambling addiction in husbands, as well as the psychological and social impact it has in the divorce process. It is hoped that the results of this research will provide deeper insight into this problem and contribute to efforts to prevent and overcome online gambling addiction in marital relationships.
Legal and Administrative Sanctions for Civil Servants Engaging in Polygamy Erwan, Erwan; Ramadhona, Suci; Yusrial, Yusrial; Sumanto, Dedi
Jurnal Elsyakhshi Vol. 2 No. 2 (2024): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i2.45

Abstract

Polygamy (addud al-zaujat) has been a significant issue in husband-wife relationships throughout the history of Islamic civilization. One contributing factor to the practice of polygamy is the lack of understanding regarding its underlying reasons or motives. This study aims to analyze the sanctions imposed on Civil Servants engaging in polygamy based on the Quranic perspective in Surah An-Nisa Verse 3 and according to Indonesian Law No. 1 of 1974. The research employs a library research methodology, utilizing primary sources such as the Al-Misbah commentary and secondary sources including the Quran, Hadith, Law No. 1 of 1974, and the Compilation of Islamic Law. The findings reveal two key points. First, for civil servants practicing polygamy, the condition of fairness is emphasized. Material fairness includes equal treatment in terms of rotation, living expenses, food, clothing, and housing. However, emotional fairness, involving love and feelings of the heart, is not mandated. Second, civil servants engaging in polygamy without proper authorization face four possible sanctions: i) demotion, ii) removal from office, iii) honorable dismissal without personal request, and iv) dishonorable dismissal. Female civil servants who become a second, third, or fourth wife are subject to dishonorable dismissal from their civil service roles.
Leadership of Generation Z Women: A Critical Study of Gender Equality and Islamic Perspectives Layla, Desteny; Santika, Sovia; Efrinaldi, Efrinaldi; Sulfinadia, Hamda; Amirah, Nabilla; Zufialina, Era
Jurnal Elsyakhshi Vol. 2 No. 2 (2024): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i2.211

Abstract

This study examines the topic of women’s leadership, which has been a subject of discussion among classical and contemporary scholars, intellectuals, and the general public. The relevance of this discourse grows when viewed in the context of Generation Z, a generation shaped by rapid technological advancements. The study seeks to analyze the characteristics of Generation Z, the concept of women’s leadership, and perspectives on this issue through the lenses of gender equality and Islamic thought. Using a library research method and secondary data sources, this study adopts a descriptive qualitative analysis approach. The findings highlight diverse scholarly views on women’s leadership. While many classical scholars express reservations, some contemporary scholars adopt a more accepting stance. From a gender equality perspective, Islam emphasizes that men and women possess rights and responsibilities and upholds principles of justice for all individuals, irrespective of gender. While differing opinions persist, women today contribute actively in various fields, often based on competence rather than gender. For Generation Z, their distinctive characteristics provide potential for leadership. Leadership often starts with self-leadership, evolving gradually to encompass broader responsibilities. Effective leadership is portrayed as a developmental process rather than an immediate attainment of high-ranking roles.
Maqasid Syari'ah and the Renewal of the Tradition in Understanding Fiqh Umar, Abdullah; Detrial Maulana, Mohd; Hidayat Ediz, M; Fadli, Muhammad; Mauliah, Shabrina; Irawan, Aldi; Apriansyah Pratama, Muhammad
Jurnal Elsyakhshi Vol. 2 No. 2 (2024): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i2.348

Abstract

This article explores the paradigm and historical development of maqashid sharia and its relevance in addressing contemporary challenges. As a fundamental objective of Islamic law, maqashid sharia serves as a guiding framework in interpreting and evolving an adaptive fiqh tradition. This study employs a qualitative approach using literature analysis, drawing from classical texts, works of modern scholars, and relevant academic publications. The findings suggest that the concept of maqashid sharia has evolved from a theoretical foundation into a dynamic framework that contributes to contextual and applicable Islamic legal solutions. In the contemporary era, maqashid sharia appears to play a significant role in shaping fiqh renewal, particularly in responding to social, cultural, and technological developments. This study provides insights into how fiqh can be developed to remain responsive to global challenges while upholding the core values of Islamic law.
The Urgency of Maqashid Al-Sharia in Everyday Life Dasrizal, Dasrizal; Rusli Zarkasyi, Ramzy; Arfen Azizah, Isnel; Maulida Hania; Junaidi, Junaidi; Nurliana, Nurliana
Jurnal Elsyakhshi Vol. 2 No. 2 (2024): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i2.432

Abstract

Maqashid sharia has an important role in the lives of Muslims by emphasizing on five main aspects, namely ad-din (religion), an-nafs (soul), an-nasab (offspring), al-aql (reason), and al-mal (property). This research aims to create benefits and protect basic human interests, so that justice in society can be realized. This research uses a qualitative method with a literature approach. Data collection techniques are carried out through review and analysis of various related literature. The data obtained were analyzed using content analysis techniques with a deductive-inductive approach. The results showed that the implementation of maqashid sharia has significant urgency in realizing the benefits of Muslims in various aspects of life, including social, economic, educational, and interpersonal relationships. The application of this concept plays a role in creating a just, harmonious, peaceful society in accordance with the principles of Islamic sharia.
The Concept of Islamic Civil Law in Indonesia: Definition, Scope of Discussion and Application Dhini Permasari Johar, Rama; Sangeen, Qudratullah; Yulisa, Ike; Ichsan, Muhammad; Delia, Friska
Jurnal Elsyakhshi Vol. 3 No. 1 (2025): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i1.208

Abstract

The concept of Islamic Civil Law in Indonesia is always interesting to discuss. This is because Islamic civil law as a positive law will continue to develop along with the development of society. This study aims to explain in more depth how the concept of Islamic civil law in Indonesia, starting from the definition of Islamic civil law in Indonesia, what is the scope of its discussion and how it is applied specifically in sharia economic disputes, especially in Religious Courts in West Sumatra. The type of research that the author conducted is qualitative research. The data analysis technique that the author used is thematic analysis. The data sources for this study are books or literature that are relevant to the discussion of the research and also data on sharia economic cases in Religious Courts throughout West Sumatra which the author took from the Case Tracking Information System on the website of each religious court, namely 18 religious courts in West Sumatra. The results of the study indicate that Islamic civil law in Indonesia is a set of positive legal rules that regulate individual interests that are specifically applied to Muslims in Indonesia. While the scope of the discussion is in marriage; inheritance; wills; grants; waqf; zakat; infaq; shadaqah; and sharia economics. In the first-level Religious Courts in regencies/cities throughout West Sumatra, 85 sharia economic cases have been handled in the period 2019-2024. The available data shows that the Talu Religious Court has the most cases, namely 18 cases.
Transformation of Legal Objects in the Digital Age: Challenges and Opportunities Numan, Muhammad; Wilda Rahmawati, Alfi; Faisol, Muhammad; Mustika, Dian; Mulyani, Mulyani
Jurnal Elsyakhshi Vol. 3 No. 1 (2025): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i1.418

Abstract

The legal object is an essential component in the modern legal system, serving as the subject of legal relations between the parties involved. Traditionally, legal objects include transferable objects and rights that fulfill the rights of legal subjects. This research uses qualitative methods, mainly through literature review, by analyzing various primary legal sources such as laws and official documents, in addition to secondary sources such as scientific journals and relevant articles. Qualitative data analysis aims to explore the evolving paradigm of legal objects, their practical applications, and the resulting legal implications. The findings show that the concept of legal objects has expanded significantly in response to social, economic, and technological changes. In today's digital age, intangible assets such as intellectual property rights, personal data, and cryptocurrencies have gained prominence, thus requiring corresponding legal recognition. This evolution presents new challenges to the legal system, prompting the need for responsive and adaptive policy development. For example, Indonesia's Personal Data Protection Law establishes a legal framework for managing and protecting personal data as a new legal object, reflecting the need for contemporary legal adaptation.
Perspective of Islamic Criminal Law on Acquittal and Punishment of Paedophile: A Study Based on Islamic Criminal Law Ramadhani, Yunisa; Aldi, Satria; Salma, Salma; Nur Hasanah, Asra; Hidayat, Rahmat; Stiawan, Thoat
Jurnal Elsyakhshi Vol. 3 No. 1 (2025): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i1.522

Abstract

Cases of paedophile are becoming increasingly prevalent in Indonesia, with data from the Indonesian Child Protection Commission showing a consistent annual rise, particularly in child sexual abuse cases. This study aims to analyze a court verdict that acquitted a paedophile offender, identify appropriate legal sanctions, and examine the Islamic legal (fiqh jinayah) perspective on chemical castration as a form of punishment. Using a qualitative method with a content analysis approach, the study examines legal documents, including Decision No. 36/Pid.Sus/2023/PN.LBB, Law No. 35 of 2014 on Child Protection, and Law No. 17 of 2016, as well as secondary sources such as scholarly journals, articles, and books. The analysis reveals that: (1) the acquittal was primarily based on conflicting witness testimonies, which weakened the evidence; (2) appropriate sanctions should be based on Articles 81(1) and 82(2) of the Child Protection Law in conjunction with the Indonesian Criminal Code, including chemical castration as regulated in Law No. 17 of 2016; and (3) from a fiqh jinayah perspective, chemical castration is considered permissible to safeguard public welfare. These findings offer insights for further legal and Islamic jurisprudential discussions on effective responses to sexual crimes against children.
Challenges in Implementing Islamic Pre-Marital Guidance: A Qualitative Study Amirah, Nabilla; Afrizal, Jhon; Walidain, Ridal; Layla, Desteny
Jurnal Elsyakhshi Vol. 3 No. 1 (2025): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i1.523

Abstract

To encourage the formation of strong and harmonious families (sakinah, mawaddah, warahmah), the Directorate General of Islamic Community Guidance issued Decree No. 379 of 2018 on Pre-Marital Guidance for prospective brides and grooms. However, despite the launch of this initiative, divorce rates in West Sumatra continue to rise, raising concerns about the effectiveness of its implementation. This field study employs observational methods, interviews, and documentation, analyzed through a descriptive qualitative approach. The findings reveal several challenges faced by the Religious Affairs Office in West Sumatra, including limited funds, inadequate reference modules, and a shortage of certified facilitators. These challenges have been addressed through budget proposals, the use of existing ministry modules, and facilitator training. However, implementation remains suboptimal due to limited guidance time, inadequate material coverage, short session durations, basic teaching methods, and the absence of technical experts. These factors may contribute to the continued increase in divorce cases observed in the region.
Changes in Marriage Age Policy: Analysis of Implementation and Its Impact on Underage Marriage Afri, Wedi; Syukrawati, Syukrawati; Fajri, Yan; Dewi, Erna; Putri, Mirna
Jurnal Elsyakhshi Vol. 3 No. 1 (2025): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i1.525

Abstract

PG SLOT to the marriage age limit in Indonesia have led to an increase in the number of underage marriages in West Sumatra. The government's goal in changing the marriage age limit is to reduce the number of underage marriages. Precisely that, this study aims to determine the effect of Law No. 16 of 2019 concerning Marriage on underage marriage from 2019-2023 and the efforts of the local religious affairs office in socializing it. This research uses a qualitative method with a case study approach. Data sources were obtained through PG SLOT, interviews and documentation. First, the results showed that after the law was enacted, the number of underage marriages actually increased from five couples (2016-2019) to nine couples who married underage (2019-2023). This shows that despite the new regulation, the practice of early marriage still occurs. Second, the religious affairs office has made efforts to prevent underage marriage such as providing direct guidance to prospective brides who are getting married. Then utilize the services of religious instructors within the West Sumatra religious affairs office. Another way is to use social media such as Facebook and Instagram by posting things related to the impact of underage R4shub.

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