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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 48 Documents
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Divorce Due to Religious Differences Lathifah, Lathifah
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.14195

Abstract

This study analyzes jurisprudence in divorce cases, especially in two important decisions, namely Number 235/Pdt.G/2018/PTA. Sby and Number 0136/Pdt.G/2018/PA. Mto. Using a qualitative approach and normative legal analysis, this study examines the background of the case, the trial process, and the judge's legal considerations in divorce decisions. The main focus is the application of the principles of justice and the values of Islamic law. The results of the study show that persistent disputes between husband and wife are used as a legal basis for divorce, by referring to Law No. 1 of 1974, Government Regulation No. 9 of 1975, and the Compilation of Islamic Law. This decision reflects a balance between legal, social, and religious aspects, and considers the psychological impact and well-being of children. This research emphasizes the importance of jurisprudence in interpreting Islamic law and the flexibility of Islamic law in dealing with social dynamics. Her contribution to the development of Islamic family law in Indonesia is expected to be a reference for academics, legal practitioners, and policymakers in improving the quality of resolving divorce cases in the future
A Review of Customary Law and Islamic Law on Marriage of Couples Motivated by Behavior Violating Norms Prayetno, Dwi
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.15037

Abstract

This study aims to examine the practice of marriage motivated by behavior that violates norms, both from the perspective of customary law and Islamic law. This phenomenon is often found in various communities, especially when couples who commit social offenses, such as extramarital relationships, are then "married" as a form of problem solving. In the traditional context, this kind of marriage is often seen as a way of preserving family honor and restoring a disturbed social order. Meanwhile, from the perspective of Islamic law, marriage is not merely a solution to transgression, but must meet the legal requirements and principles of sincerity, and place repentance as an important moral requirement. Using a qualitative approach and literature study, this study analyzes how both legal systems—customary and Islamic—view, respond, and shape norms for these practices. The results of the study show that there is a common point between customary law and Islamic law in maintaining social stability, but there are also differences in the emphasis on the moral aspects and legality of marriage. This study recommends the need for constructive dialogue between traditional stakeholders and religious leaders in formulating a more equitable and educational approach for the younger generation in facing the dynamics of social change
Legal Politics: Between the Reform and the Transformation of Islamic Family Law Siregar, Rika Diana
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.15772

Abstract

This research discusses the dynamics of legal politics in the context of Islamic family law reform and transformation. The main focus of this study is how the direction and pattern of changes in Islamic family law are influenced by state policies, social pressures, and responses to the demands of modernity and gender justice. Using a juridical-normative approach and qualitative analysis of legal documents, public policy, and academic discourse, this study identifies two main trends: reform as a normative renewal within the existing legal framework, and transformation as a more profound paradigm shift towards the structure and basic values of Islamic family law This study finds that there are variations in models in the excavation, practice and reform of family law in the world Islam. Variations were also found when the Islamic world carried out the process of transforming family law into national law. The impact of the reform and transformation of family law in Indonesia is that the classical fiqh books that were originally used as the main reference and considered sacred, have lost their sacredness. However, the reform and transformation of family law in Indonesia has not reduced the independence of religious judges in exploring and finding more contextual Islamic law. This research is expected to make a conceptual contribution in formulating a political and legal direction that is responsive, fair, and rooted in progressive Islamic values.
The Dynamics of the Social History of Islamic Law from the Classical Period to the Caliphate Amaranti, Emira; Ara, Fatimah Jihan; Razi, Fahrur
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.15812

Abstract

This article aims to examine the dynamics of the development of Islamic law from the time of the Prophet Muhammad (PBUH) to the Abbasid Dynasty from the perspective of social history. This research uses a qualitative-descriptive approach and historical method, by examining the sources of classical and contemporary literature. The results of the study show that Islamic law has been shaped by the interaction between divine revelation and the social reality of society. The process of law formation during the time of the Prophet was greatly influenced by the social context of Arab society, while during the period of Khulafaur Rashidin to Abbastial, Islamic law underwent institutionalization, codification, and development of legal methodology (ushul fiqh). This study confirms that Islamic law is dynamic and adaptive to social change, making it relevant to answer the challenges of modernity.
The Position of Women in Nikah Mut'ah and Milku Al-Yamin Islamic Law and Positive Law Perspectives Harahap, Nur Sa'adah
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.16225

Abstract

The practice of mut'ah marriage was one of the patterns of life of the Arab community before Islam came. But it still exists today. Likewise, the concept of milku al yamin has been abolished since the heyday of Islam. However, the practice is still often found today. The practice is called modern slavery. This is very important to be researched because these two practices are no longer relevant to be carried out in the present. This research uses the library research method with data sources of articles, journals, and literature related to nikah mut'ah and milku al yamin. The practice of mut'ah marriage and the concept of milku al yamin that exist today include trafficking in the context of exploitation. This practice puts women in a subordinate position. Even women do not have the share to speak up about their rights in marriage and even in life. So that in the Indonesian context, the practice of mut'ah marriage and milku al yamin has been prohibited because it is a violation of human rights. Positive law and Islamic law uphold human dignity. Humans, both men and women have the same position for Allah. what distinguishes them is only piety.
Uang Pelangkah in Mandailing Natal Traditional Marriage: The Perspective of 'Urf in Islamic Law Hsb, Sakinah Azzahra
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.16228

Abstract

This study discusses the practice of dowry in traditional Mandailing Natal marriages from the perspective of 'urf in Islamic law. Dowry is a tradition given to older sisters when their younger sisters marry first. This study employs a qualitative method with an empirical approach through interviews and direct observation in the village of Gunung Tua Tonga, Mandailing Natal. The findings reveal that dowry money holds social value as a form of respect and preservation of tradition. Under Islamic law, this practice can be categorized as a valid custom (‘urf shahih) as long as it does not impose undue hardship and does not become a condition for the validity of the marriage contract. However, if the practice becomes a burden and hinders marriage, it falls under the category of ‘urf fasid. Therefore, the implementation of this tradition needs to be guided so that it remains in line with the values of Sharia and does not cause harm.
Waqf Perspective of Islamic Law and Law in Indonesia Siregar, Syawal; Pane, Erwin
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.16169

Abstract

This research aims to examine the concept and implementation of waqf according to the perspective of Islamic law and how it is regulated in the positive legal system in Indonesia. In Islam, waqf is seen as a charity whose rewards continue to flow as long as the benefits of waqf assets are still felt by the recipient. Meanwhile, in Indonesia, waqf is legally regulated through Law Number 41 of 2004 concerning Waqf and other implementing regulations. This research uses a qualitative method with a normative-juridical approach, namely examining the sources of Islamic law such as the Qur'an and Hadith as well as applicable laws and regulations. The results of the study show that the principles of waqf in Islamic law and laws in Indonesia have harmony, especially in terms of the eternity of waqf assets and their designation for the public good. However, there are some differences in terms of technical implementation and administration.
The Influence of the Hisbah Council on Dowry Policy in Islamic Law in the Southeast Asian Region Mtd, Burhanuddin
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.17126

Abstract

This study aims to analyze the role and influence of the Hisbah Council on dowry policy in the context of Islamic law in the Southeast Asian region.  The Hisbah Council as a religious institution has the authority to provide fatwas and guidance to Muslims. Using a descriptive qualitative research method, this article explores the dynamics of the Hisbah Council's decision-making, its policy implementation, and its impact on dowry practices in several countries in Southeast Asia such as Indonesia, Malaysia, and Brunei Darussalam. The results of the study show that the Hisbah Council contributes significantly in shaping public perceptions and practices related to dowry, both in its nominal and philosophical aspects. However, the role of the Hisbah Council is also faced with the challenges of modernity and cultural diversity in the region

Page 5 of 5 | Total Record : 48

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