cover
Contact Name
Putra Halomoan
Contact Email
putrahsb@uinsyahada.ac.id
Phone
+6281375494962
Journal Mail Official
elsirry@uinsyahada.ac.id
Editorial Address
Pascasarjana UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan; Jl. T. Rizal Nurdin Km. 4,5 Sihitang 22733 Padangsidimpuan, North Sumatera, Indonesian.
Location
Kota padangsidimpuan,
Sumatera utara
INDONESIA
El-Sirry: Jurnal Hukum Islam dan Sosial
ISSN : -     EISSN : 30476364     DOI : 10.24952/ejhis
El-SIRRY: Jurnal Hukum Islam dan Sosial is a high-quality open access peer-reviewed research journal published by the Pascasarjana Program Studi Hukum Keluarga Islam Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan Aiming to communicate original research and relevant current issues, this journal regularly publishes articles and research reports twice a year every June and December. It focuses on the issue of study Contemporary Islamic Law practices in Indonesia, Southeast Asia, and Global Perspective by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, sharia economic law, human rights law, customary law, and environmental law, in the framework of Indonesian legal studies and global context. This journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing
Arjuna Subject : Ilmu Sosial - Hukum
Articles 48 Documents
TELA’AH AYAT HUKUM DAN HADIST TENTANG NUSYUZ Lubis, Deka Ria Murni
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9594

Abstract

Meanwhile, in verse 128 of the AN-Nisa letter, the punishment for husbands who commit Nusyuz on their wives is discussed. Husbands who commit Nusyuz can be seen from their attitude of ignoring their wives and neglecting their livelihood towards their wives and children. In verse 128 of Surah An-Nisa, it is explained that the punishment if the husband commits Nusyuz is that it is better to make peace with an agreement so that divorce does not occur, because peace is more important before Allah, even though there must be parties who feel aggrieved or find it difficult to accept the results of the peace.
Early Marriage in the Flexing Era: A Review of Law and Ethics on Social Hasan, Amir; Hasibuan, Rahyana
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i2.13622

Abstract

Early marriage in Indonesia has become a complex and pressing issue, particularly in the context of the digital era known as "flexing." This study employs a qualitative approach with a descriptive method to deeply explore the phenomenon of early marriage within the legal and ethical contexts of social media, as well as to understand the perspectives of both teenagers and parents regarding the decision to marry at a young age. The findings indicate that early marriage is influenced by various social, cultural, and economic factors, including strong societal norms, pressure from social environments, and the impact of social media that promotes young marriage as a status symbol. Despite the existence of legal regulations prohibiting early marriage, such as Law No. 16 of 2019 concerning Marriage, its implementation remains ineffective on the ground. The impacts of early marriage are felt not only by individuals but also by families and society as a whole, creating cycles of poverty and long-term health issues. This research highlights the importance of government and community roles in addressing this issue through educational programs and awareness campaigns. Proposed policy recommendations include developing comprehensive sex education programs and promoting children's rights, as well as providing economic support for low-income families
Perkawinan Dini Dan Tantangan Tanggung Jawab Keuangan Di Sibuhuan Kabupaten Padang Lawas Simbolon, Sahron
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9588

Abstract

A marriage certificate excerpt is a card as the identity of a married couple. This marriage certificate quote is also equipped with a chip which functions to protect the card from counterfeiting. Excerpts from marriage certificates can only be owned by couples whose marriage is officially registered with the government by registering themselves first. Recently, there have been many problems related to the legality of extracting marriage certificates, such as what happened at the West Angkola District Religious Affairs Office where extracts of marriage certificates were issued with the mother's sibling's marriage guardian. This research aims to find out the practice of marriages with maternal relatives, what is the legality of quoting the marriage certificate of marriage guardians by maternal relatives, and what is the perspective of Islamic law regarding marriages with maternal relatives at the West Angkola District Religious Affairs Office. This research is classified as a descriptive research type. Data was collected using interview techniques and documentation. The results of the data analysis found that the practice of marriages with mother's sibling marriage guardians at the West Angkola District Religious Affairs Office was carried out with an element of misunderstanding regarding the determination of the marriage guardian, and an element of deliberate intention on the part of the bride to determine the marriage guardian of her mother's brother by changing the surname in his name. The marriage guardian is written in the marriage certificate excerpt in the name of Endi Pasaribu, while his real name is Endi Siregar. The legality of the quotation from the marriage certificate of the marriage guardian by the mother's sibling at the West Angkola District Religious Affairs Office, reviewing state law, is still declared valid, because the status of the guardian written on the quotation from the marriage certificate is that of a sibling. Meanwhile, according to Islamic law, the legality of the quotation of the marriage certificate is invalid, because in reality the marriage guardian is Romaida Pasaribu's mother's brother. The review of the law regarding marriage with a marriage guardian by the mother's brother is based on marriage law, the compilation of Islamic law, and on the study of Islamic jurisprudence. Determines that in accordance with the position of the guardian a marriage can be declared invalid and it is mandatory to carry out a remarriage by appointing a legal guardian of the marriage, whether he is a guardian of the lineage or a guardian of the judge.
An Analysis of Islamic Law on Childfree's Life Choices Siregar, Rika Diana
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i2.13442

Abstract

Childfree is an agreement made by a husband and wife not to have children during their marriage. There are manyreasons why someone and their partner have a view like this. The reasons are: (1) Economic Factors, (2) Mental orPsychological Factors, (3) Personal Factors and Experience, (4) Environmental Factors, (5) Medical Factors, and(6) Educational Factors. This research examines childfree from an Islamic perspective which aims to discuss thephenomenon of childfree which is being stirred up and reaping debate in society and is motivated by cases that arecurrently being discussed. This study uses a qualitative approach by using a literature review in collecting data. Thesources used as references in this research are the Al-Qur'an, scientific journals, Hadith, and other sources. In Fiqh,childfree is a decision that is prohibited in Islam because the application of childfree is based on reasons that seemtoo mundane such as the economy, education, environment, and others. Whereas in Islam it has been explained thatchildren have many advantages and blessings in this world and the afterlife. Even though no verse directly prohibitschildfree, the choice for childfree-ness can be said to be a choice that cannot be justified or blamed because it is anindividual right or a right that has been decided with the family which cannot be intervened by other people's views.
Konsep Dan Implementasi Ahkamul Khamsah Dalam Mengkaji Hukum Islam Siregar, Borkat Halomoan
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 1 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i1.11374

Abstract

The concept of al-ahkam al-khams in Islamic law exists as a classification and normative reasoning. Islamic law, which originates from the Qur'an and hadith, must be understood clearly. The classification carried out by al-ahkam al-khamsah makes it easier to understand. Al-ahkam al-khams is also normative reasoning. The purpose of this study is to explain the position of al-ahkam al-khams as a classification and normative reasoning in Islamic law. The method used is a qualitative method based on library research. The data analysis used descriptive analysis. The research finding is that al- ahkam al-khamsa in Islamic law functions as consept and implementation for Islamic law.
KONSEPSI HUKUM PERDATA INTERNASIONAL DALAM HAK PENGANGKATAN ANAK DI INDONESIA Iffan, Ahmad
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 2 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i2.10505

Abstract

Child adoption is one of the ways that some families want to complete their families. In international adoption there are two global international conventions on child adoption, namely The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption 1993 (The Hague Convention 1993) and The Hague Convention on the Juridiction and Applicable Law and Recognition of Decrees Relating to Adoption 1965 (The Hague Convention 1965). There are legal consequences in the legal consequences of international child adoption on the adopted child, namely legal consequences on the legal relationship between adopted children, legal consequences on alimony rights and legal consequences on inheritance and guardianship rights. the conception of child adoption by hpi is also refined by the provisions contained in civil law and Islamic law regarding child adoption.
ANALISIS KDRT DAN POLEMIK KELUARGA DALAM TINJAUAN HUKUM KELUARGA ISLAM MENURUT KACAMATA AL-QUR’AN DAN HADIST Siregar, Samaruddin
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 2 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i2.10476

Abstract

The primary mission of the Qur'an is to liberate humans from various forms of discrimination and oppression, including sexual discrimination, skin color, ethnicity, and other primordial ties, as well as acts of violence and persecution. The relationship between husband and wife is complementary. The husband is the wife's protector, and the wife is the husband's friend. In the eyes of the wife, the husband is an authoritative figure who has the power to protect her. And a wife, in her husband's eyes, is an angel who is always loyal to accompany him, and he really trusts her. How to deal with a nusyuz wife can be resolved in the way regulated in Surah An-Nisa verse 34, namely: when the wife's disobedience becomes clear, the husband has the right to advise her, after the wife's disobedience becomes visible, the husband has the right to separate from sleeping with her, if he If you are still disobedient then your husband has the right to hit him (with a blow that doesn't hurt) and the way to deal with a nuzyuz/tyrannical husband is by implementing the Shari'a as stated in Surah an-Nisa verse 128, namely by the wife sending a judge/peacemaker to resolve family problems. Between the husband and the wife.
ANALISA AYAT DAN HADIST TENTANG KEWARISAN BEDA AGAMA SERTA REFORMULASI DALAM TATANAN HUKUM INDONESIA Isnadi, Danil
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9595

Abstract

Basically, the legal rules applied in examining, adjudicating, and resolving cases regarding civil lawsuits for inheritance lawsuits in each judicial institution refer to KHI article 171, articles 1 and 2 in conjunction with Article 49 of Law No. 7 of 1989, as well as the arguments of the Qur'an An-Nisa's letter, 4:141, HR. Al-Bukhori and Muslim, so that the Islamic personality is determined by the heir and ignores wills that cannot be proven, and the heir and heirs must both be Muslims, whereas in 1998 the Supreme Court with cassation case register no: 368 K/AG/1995 When making decisions using legal rules, if the parents have a different religion than the child, they are considered to have left a will, which is called a mandatory will. And took the decision to grant non-Muslim heirs the rights based on the mandatory will by referring to the opinion of some scholars such as Yusuf Al-Qadhowi who argued that non-Muslim heirs would receive the inheritance of Muslim heirs through the mandatory will.
An Analysis of Islamic Law in Handling Divorce and Its Impact on Children Pasaribu, Yunita; Aswin, Aswin
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v2i2.13498

Abstract

This study aims to analyze the factors that cause divorce from an Islamic perspective and its impact on families, especially children, by emphasizing the importance of maintaining the integrity of the household. This study uses a qualitative approach with a literature study method, examines Islamic teachings on divorce, and identifies factors that cause divorce, such as biological, psychological, moral, economic, and sociological factors. The results show that divorce, although allowed in Islam, is strongly discouraged because of its widespread and negative impact, especially on children who are often the most emotionally and socially disadvantaged. This study recommends the importance of strengthening the values of domestic harmony through family education based on Islamic teachings, conflict management in a peaceful way, and providing counseling for couples facing domestic problems. Thus, divorce can be minimized, and the integrity of the family can be maintained in accordance with Islamic values
ANALISA AYAT DAN HADIST TENTANG KEWARISAN LAKI-LAKI DAN PEREMPUAN SERTA PROBLEMATIKANYA Harahap, Zulfan
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 1, No 1 (2023)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v1i1.9589

Abstract

There are fifteen male heirs consisting of sons, grandsons, fathers, father's grandfathers, full brothers, father's brothers, mother's brothers, sons. brother's son, father's brother's son, father's uncle, father's uncle, son's son, father's uncle's son, husband, and master of a liberated man slave. There are ten female heirs. They were all daughters, granddaughters of sons, mothers, maternal grandmothers, paternal grandmothers, full sisters, father's sisters, mothers' sisters, wives, and female masters who freed slaves.