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Putra Halomoan
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El-Sirry: Jurnal Hukum Islam dan Sosial
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 30476364     DOI : 10.24952/ejhis
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
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 10 Documents
 1 
Search results for , issue "Vol 3, No 2 (2025)" : 10 Documents clear
Suspension of Inheritance Distribution: A Review of Islamic Law and Its Implications Siregar, Nurma Harana Mora; Dasopang, Nur Sania
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.14499

Abstract

This research examines the suspension of the distribution of inheritance from the perspective of Islamic law and its implications for the justice and benefit of the heirs. The focus of the research is directed at the normative analysis of the normative basis of inheritance division in fiqh mawaris, the limitations of deferral ability, and the social and cultural factors behind the practice of postponing the distribution of inheritance in Muslim society. This research uses a literature study method with a normative qualitative approach, through an analysis of classical and contemporary Islamic law sources, including the Qur'an, hadith, fiqh books, and modern Islamic legal literature. The results of the study show that in principle, the distribution of inheritance in Islam is recommended to be carried out immediately after the fulfillment of the heir's obligations, such as debt repayment and the execution of a will. However, the suspension of the distribution of inheritance can be justified under Islamic law as long as it is based on the agreement of all heirs, does not cause tyranny, and aims to maintain the common good. The implications of the suspension show that there is a potential for conflict and injustice if it is not accompanied by clarity of rights, so a comprehensive legal understanding is needed so that the practice of suspension remains in line with the principles of justice.
Zakat Distribution to Reach the Most Vulnerable Communities in Padangsidimpuan City: Perspective of Maqāṣid al-Sharī‘ah Al-Syāṭibī Harahap, Purnama Hidayah; Ridwan, Muhammad; Hasanah, Uswatun
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17549

Abstract

In the perspective of Maqāṣid al-Sharī'ah according to Al-Syāṭibī, zakat plays a central role in realizing the benefits of the ummah (jalb al-maṣāliḥ) and preventing harm (dar' al-mafāsid). However, the practice of distributing zakat in Padangsidimpuan City still faces various obstacles, such as limited mustachik data, long bureaucracy, and geographical barriers, so that the benefits of zakat are not optimal for vulnerable groups. Along with the development of technology, various innovations have begun to be implemented to increase the effectiveness, transparency, and accountability of zakat distribution. This study uses a qualitative method with a descriptive-analytical approach to analyze the role of zakat distribution innovation in increasing accessibility and efficiency in accordance with Maqāṣid al-Sharī'ah. Data was collected through observations, in-depth interviews with zakat institutions, and focused group discussions with beneficiaries and stakeholders. The results of the study show that the use of technology, such as digital zakat platforms, mustahik identification systems, and mobile-based disbursement, significantly increases the accessibility, efficiency, and transparency of zakat distribution. These findings reflect efforts to protect property (ḥifẓ al-māl), and are reinforced by community-based participatory models and collaboration of local stakeholders that support the sustainability and accountability of zakat management.
Law under Algorithmic Pressure: A Critical Review of Viral Cases and Digital Public Opinion Murtadlo, Muhammad Ali; Saputra, Wahyu
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17361

Abstract

The phenomenon of virality on social media has introduced new dynamics into the Indonesian judicial system. This article aims to critically examine how public opinion developing on social media, particularly in viral cases, can influence the direction and outcomes of legal decisions. Employing the approach of Critical Legal Studies (CLS) and media sociology perspectives, this paper explores the role of algorithms as invisible actors that generate social pressure on law enforcement authorities. Case studies of several viral legal proceedings in Indonesia indicate the presence of public opinion interventions in judicial processes. This study applies a qualitative-descriptive method with a library research approach. Data were collected from various literature sources and analyses of social media interactions concerning the Ferdy Sambo case. The findings reveal that public opinion on social media plays a crucial role in shaping societal perceptions of justice and fostering transparency in law enforcement. High levels of public participation often demand greater accountability from legal authorities. However, the inability to regulate such participation can lead to legal distortion, posing risks to the objectivity of judicial processes. Therefore, while public opinion may serve as a constructive instrument of social control, the legal system must be upheld independently.
Nikah Siri In Maqāṣid al-Sharī'ah Review: A Critical Study of the Urgency of Marriage Registration in Islam Efendi, Zulfan; Waid, Abdul
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17551

Abstract

This study examines the status of serial marriage and the urgency of marriage registration in Islam using the Maqāṣid al-Syarī'ah approach. This research is a normative legal research with a qualitative approach, which uses conceptual and legislative approaches. Data was obtained through literature studies on Islamic legal sources, ushul fiqh rules, and laws and regulations in Indonesia, especially Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The results of the study show that the practice of serial marriage that still occurs in society has the potential to cause various negative impacts, especially for wives and children, such as the absence of legal certainty, difficulties in fulfilling inheritance rights, and weak protection of family rights. In the perspective  of Maqāṣid al-Syarī'ah which is oriented towards the benefit and prevention of harm, nikah siri is seen as a practice that causes harm. Based on the rules of dar'u al-mafāsid muqaddam 'alā jalb al-maṣāliḥ, marriage registration is positioned as an urgent need (ḍarūriyyāt) to protect offspring (ḥifẓ al-nasl) and property (ḥifẓ al-māl). This study concludes that marriage registration in KUA or Civil Registry is an obligation in every marriage. State policies that require marriage registration are considered to be in line with the purpose of Islamic law in realizing the benefits and protection of citizens' rights. Thus, in the current context, nikah siri can be considered invalid because it is contrary to the principle of prevention of damage.
Settlement of the Nusyuz Case According to the Compilation of Islamic Law and Review of the Qur'an Interpretation Gumanti, Retna; Miskah, Miskah
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17411

Abstract

This study examines the settlement of nusyuz cases from the perspective of the Compilation of Islamic Law (KHI) and a review of the interpretation of the Qur'an. Nusyuz is a domestic issue that has juridical and theological implications, especially in the relationship of rights and obligations of husband and wife. KHI as a positive product of Islamic law in Indonesia provides normative formulations related to nusyuz, but in practice it often raises debates about its suitability with the principles of gender justice and the spirit of maqāṣid al-syarī'ah. This study aims to analyze the concept and mechanism of solving nusyuz according to KHI and compare it with the interpretation of relevant Qur'anic verses, especially QS. an-Nisā' verses 34 and 128, based on the views of classical and contemporary mufasir. The research method used is library research with a juridical-normative approach and thematic interpretation (tafsīr maudū'ī). The results of the study show that KHI tends to place nusyuz in a legal-formal framework that focuses on legal consequences, while the interpretation of the Qur'an emphasizes the settlement of nusyuz through persuasive, dialogical, and oriented stages of domestic welfare and harmony. This study concludes that it is necessary to reinterpret and strengthen the substantive approach in resolving nusyuz cases to be in harmony with the values of justice, equality, and the noble purpose of marriage in Islam.
The Status of Interfaith Marriage From an Indonesian Positive Legal Perspective Dewi, Erna
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17553

Abstract

This study aims to analyze the legal status of interfaith marriage in the perspective of Indonesia's positive law. This research uses normative legal research methods with legislative and conceptual approaches. Data were obtained through literature studies of laws and regulations, court decisions, and legal literature relevant to the issue of interfaith marriage. The results of the study show that Indonesia's positive law in principle does not recognize interfaith marriage. Law Number 1 of 1974 concerning Marriage emphasizes that the validity of marriage is determined by the laws of each religion, so interfaith marriage cannot be carried out if it is contrary to religious provisions. Although there is a practice of registering interfaith marriages through court orders or carried out abroad, it creates legal uncertainty and differences in interpretation in its application. This study concludes that the status of interfaith marriage in Indonesia's positive law is still within the area of strict legal restrictions in order to maintain legal order and certainty of marital status. Therefore, consistency in law enforcement and clarity of regulations are needed so that there is no dualism of practice and interpretation of the law in the community.
The Impact of Early Marriage Traditions Ahmadi, Ahmadi; Asliah, Nur; Pane, Erwin
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17412

Abstract

This study aims to analyze the forms of impact of early marriage and the factors behind its sustainability in society. The method used is qualitative research with a literature study approach, through analysis of books, journal articles, research reports, and relevant policy documents. The results show that early marriage has the potential to hinder access to education, increase reproductive health risks, trigger psychological unpreparedness in marriage, and strengthen the cycle of poverty and gender inequality. In addition, the practice of early marriage also has an impact on the high divorce rate and the weak quality of childcare. This study concludes that the tradition of early marriage requires comprehensive handling through educational, social, and legal policy approaches oriented to the protection of children's rights and the improvement of family welfare.
Review of the Compilation of Sharia Economic Law on Down Payment of Rice Field Rent Down Payment Harahap, Junda
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17413

Abstract

This study aims to analyze the practice of down payment in rice field rental in Tinjoman Lama Village, Padangsidimpuan Hutaimbaru District and review it based on the Compilation of Sharia Economic Law. This research is a field research with a qualitative approach and uses a descriptive-analytical method. The data was obtained through in-depth interviews with rice field owners, tenants, traditional leaders, religious leaders, and village officials, and strengthened by observation and documentation studies. The results of the study show that the advance payment of rice field rent is a common practice and has become a habit ('urf) in the local community. The down payment is paid at the beginning of the contract as a sign of the tenant's seriousness and guarantee for the rice field owner, while repayment is made after harvest according to the agreement on the lease term. However, this practice has not been accompanied by clarity of the contract, especially regarding the time of use of rice fields and the mechanism for refunding the advance if the contract does not continue. Judging from Compilation of Sharia Economic Law, advance payments in ijarah contracts are basically allowed as long as they meet the principles and conditions of the contract and are based on the agreement of the parties. However, the practice of non-uniform advance refunds has the potential to cause injustice and lead to 'urf fasid if it harms one of the parties.
Religious Differences as a Barrier to Inheritance According to Civil Law Azhari, Musa; Harahap, Amhar Maulana
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.16440

Abstract

This study discusses problems related to religious differences as an obstacle to inheritance according to Indonesian civil law. In the context of civil law, inheritance is regulated by the Civil Code (KUHPerdata) which includes inheritance rights, how inheritance is distributed, and other provisions. This study uses a normative research method with a focus on three main sub-discussions. First, inheritance law in Indonesian civil law which regulates who is entitled to inheritance after someone dies. Second, how to distribute inheritance according to civil law based on descent or family. Third, religious differences as a barrier to inheritance, which refers to a situation where the heirs who have a religion are different from the deceased. This research aims to explore how Indonesian civil law regulates inheritance in the context of religious differences. The results of this study are expected to contribute to understanding the complexity of inheritance involving religious differences and provide recommendations for relevant legal solutions.
The Role of Marriage Law in Optimizing the Protection of Children's Rights Almas'udah, Almas'udah; Lubis, Syarifuddin
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.17414

Abstract

This study aims to analyze the role of marriage law in protecting children's rights and identify factors that affect the effectiveness of its implementation in the field. This study uses a juridical-sociological approach with a descriptive-analytical nature. Data was obtained through literature studies on laws and regulations and scientific literature, as well as field research through interviews with related parties. The results of the study show that although marriage law normatively regulates parents' obligations to children, its implementation still faces various obstacles, such as unrecorded marriage practices, weak enforcement of court decisions related to child support, low awareness of family law, and disharmony between state law, Islamic law, and social practices. In addition, the principle of the best interests of children has not been fully internalized in the practice of marriage law. This study concludes that optimizing the protection of children's rights through marriage law requires strengthening systemic legal implementation, increasing public legal awareness, and integrating the values of maqāṣid al-syarī'ah as the foundation for the benefit of children. This research is expected to make a theoretical and practical contribution to the development of family law and child protection policies in Indonesia

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