El-Sirry: Jurnal Hukum Islam dan Sosial
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
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<![CDATA[Early Marriage in the Flexing Era: A Review of Law and Ethics on Social ]]>
<![CDATA[Hasan, Amir]]>;
<![CDATA[Hasibuan, Rahyana]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.13622
<![CDATA[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]]>
<![CDATA[An Analysis of Islamic Law on Childfree's Life Choices ]]>
<![CDATA[Siregar, Rika Diana]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.13442
<![CDATA[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.]]>
<![CDATA[An Analysis of Islamic Law in Handling Divorce and Its Impact on Children ]]>
<![CDATA[Pasaribu, Yunita]]>;
<![CDATA[Aswin, Aswin]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.13498
<![CDATA[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]]>
<![CDATA[The Development of Islamic Family Law in Indonesia ]]>
<![CDATA[Siregar, Erni Sulhati Roudho]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.14200
<![CDATA[This article aims to delve deeply into the development of Islamic law in Indonesia, especially in the context of its interaction with customary law and positive law. This study uses a qualitative method with a historical approach to trace the dynamics of the development of the law from time to time. The data used in this study includes primary data, such as legal documents and historical archives, as well as secondary data consisting of literature reviews and previous research. The main focus of this research is to understand the development process of customary law, especially when customary law and Islamic law interact, complement each other, and achieve harmony without causing significant controversy. In addition, this study also highlights how the judicial process runs when the government implements a policy of legal uniformity through codification and unification of laws. This includes the incorporation of customary law values and Islamic law into a positive legal framework regulated in laws and regulations. This research is expected to provide an overview of how customary law still survives today as an integral part of the life of Indonesian people. Despite the challenges of modernization, customary law is still recognized for its existence and plays an important role in shaping the legal identity of the community, as well as coexisting with Islamic law and positive law in creating social harmony and legal justice.]]>
<![CDATA[Classification of Contracts in Sharia Business Law ]]>
<![CDATA[Siregar, Ansor Syaputra]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.14173
<![CDATA[Islamic law is a law that lives and continues to develop, has a very important role to answer questions in various matters, especially those related to contracts and agreements when entering into a contract. In making contracts, mistakes often occur in making names and the purpose of the contract so that mistakes often occur between the name and the substance of the contract. So to align the name and the substance of the contract, it is necessary to study the classification of a contract and the categorization of a contract when viewed from various aspects. The method of this research is in the form of literature study research (library research) with a descriptive analytic approach method. The results of this study are that there are many types of contract classifications from various aspects, but there are ten of the most well-known contract classifications, namely contract based on name, contract based on position, contract based on tempo, contract based on formality, contract based on syarak, contract based on validity, contract based on attachment, contract based on enforceability, contract based on dependents and contract based on objectives]]>
<![CDATA[Mandailing Islamic Law Views on the Manangko Boru Tradition in Mandailing Customs ]]>
<![CDATA[Nst, Yurizka Syahdani]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.13470
<![CDATA[Manangko Boru is a tradition where a woman who is still single or who has been proposed is taken by a man to her parents' house secretly to be his wife or also known as marlojong. There are two types of manangko boru, namely manangko boru for women who are still young or single and manangko boru who has been married by someone else. The purpose of this research is to find out how Islamic law views customs and traditions that run in social life, especially in the aspect of marriage, namely this manangko boru tradition. The data obtained to obtain information about the applicable traditions and customs was carried out by the observation and interview method of the perpetrators of the manangko boru tradition, traditional figures, religious figures and community figures in South Panyabungan District. With the results of the research, it is known that in customs, it is actually not justified to maintain the manangko boru tradition because the customs that run in social life are also based on Islam so that what is not justified in Islam is also not justified in Mandailing customs. And according to Islamic law, it is also not justified to maintain this tradition because it violates the rules and is not in line with Islamic law.]]>
<![CDATA[Protection of Intellectual Property Rights from the Perspective of Islamic Law and Legislation in Indonesia ]]>
<![CDATA[Arminsyah, Arminsyah]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.14199
<![CDATA[This paper examines the existence of intellectual property rights (IPR) protection in the perspective of Islamic law and legislation in Indonesia. IPR protection is an important issue in the era of globalization, which requires harmony between national law and international legal principles. In the Indonesian context, in addition to referring to national legislation, this study also pays attention to how the principles of Islamic law view and regulate the protection of IPR. The research method used is qualitative with a normative and descriptive-analytical approach. The results show that Islamic law, although sourced from classical texts, has the flexibility to accommodate IPR protection through principles such as 'urf (custom), maslahat (benefit), and qiyas (analogy). Meanwhile, legislation in Indonesia has established a comprehensive range of rules to protect IPR, although its implementation still faces various challenges. This study concludes that there is significant harmony between Islamic law and Indonesian legislation in terms of IPR protection, which can be used as a basis for increasing the effectiveness of IPR protection in Indonesia.]]>
<![CDATA[Moderation of Islamic Family Law in Southeast Asia ]]>
<![CDATA[Siregar, Sampurna]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.13475
<![CDATA[This study aims to analyze the moderation of Islamic Family Law in Southeast Asia, focusing on how sharia principles are aligned with the social, cultural, and legal dynamics in the region. This study also aims to explore the efforts of countries such as Indonesia, Malaysia, and Brunei in adapting Islamic family law to remain relevant to local contexts and existing social development trends. The method used in this study is a qualitative approach with literature study, which involves analysis of various written sources, including laws and regulations, legal documents, and case studies from each country. The results of the study show that the moderation of Islamic family law in Southeast Asia includes efforts to integrate the principles of justice, human rights, and gender equality in the implementation of sharia law. In Indonesia, the implementation of the Compilation of Islamic Law (KHI) reflects efforts to protect the rights of women and children, while in Malaysia, sharia courts play a role in balancing sharia values with the needs of contemporary society. The study found that despite the challenges in harmonization between Islamic law and national law, a moderation approach allows Islamic family law to remain relevant and responsive to social change without sacrificing the basic principles of sharia]]>
<![CDATA[An Analysis of Islamic Law on the Factors of Breaking the Marriage Bond ]]>
<![CDATA[Hasibuan, Nahar]]>;
<![CDATA[Asridiyani, Asridiyani]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.13476
<![CDATA[This study aims to analyze the factors that cause the breakup of marriage ties in the perspective of Islamic law. The focus of this research is to examine the types of divorce regulated in Islamic jurisprudence, such as identifying internal and external factors that contribute to the breakup of marital relationships. This study uses a qualitative approach with descriptive analysis methods and literature studies. Primary data are drawn from classical and contemporary fiqh literature, while secondary data include jurisprudence studies, marriage laws in Muslim-majority countries, as well as previous research on the topic. The results of the study show that the factors that cause the breakup of marriage bonds in Islamic law include differences in principles between husband and wife, unresolved conflicts, domestic violence, and violations of marital obligations such as alimony or fidelity. External factors such as the influence of the modern social and cultural environment also play a role in increasing the divorce rate. From the perspective of Islamic law, the solution to overcome the breakdown of marriage lies in the emphasis on the mediation and deliberation process, as well as preventive efforts through pre-marital education. This study provides suggestions for future researchers to conduct a more in-depth analysis of the implementation of Islamic law in the context of divorce in countries with pluralistic legal systems]]>
<![CDATA[A Review of Islamic Law on the Psychological Impact of Child Marriage ]]>
<![CDATA[Siregar, Liska Sari]]>
<![CDATA[ El-Sirry: Jurnal Hukum Islam dan Sosial Vol 2, No 2 (2024) ]]>
Publisher : <![CDATA[UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN ]]>
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DOI: 10.24952/ejhis.v2i2.13440
<![CDATA[There are many incidents when a child who is still very excited at a young age is forced to carry out a marriage due to various existing factors. For example, minimal knowledge, low economy, accidents (pregnant out of wedlock), to customs that have become family guidelines that must be applied to family members. In the findings of researchers in Simo Mulyo Baru village, Surabaya, there were 3 children who experienced this with various different factors. The results show that the psychological impact that appears on the marriage of a child varies, such as uncontrollable emotions, lack of understanding and understanding as a wife, lack of knowledge about household knowledge. From SH who has minimal knowledge and customs that forced him to get married. SH, who was still very young, also experienced this because the economy of both his parents was low and the customs that had bound his family members. Then SA had to get married because something unexpected happened, namely getting pregnant out of wedlock so that she experienced a very heavy psychological impact not being in the household such as frequent fights, uncontrollable emotions and lack of understanding of what a wife should do for her family.]]>
