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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 64 Documents
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Historical Sharia vs Modern Sharia: Measuring the Islamic Public Law Paradigm Hamka Husein Hasibuan
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 4, No 1 (2026)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v4i1.21119

Abstract

This article aims to analyze the modern sharia paradigm offered by Abdullahi Ahmed An-Na'im as an effort to reconstruct Islamic public law to be compatible with the modern constitutional state. This research is normative legal research with a philosophical approach that relies on the study of literature on the main works of An-Na'im and relevant literature. The data is analyzed qualitatively through content analysis and philosophical interpretation to uncover the conceptual constructions of historical and modern sharia. The results of the study show that An-Na'im deconstructed historical sharia by shifting the normative orientation from the specific legal formulation to the universal values of the Qur'an through the reinterpretation of the relationship between Makkiyah and Madaniyah verses. Sharia is no longer positioned as a positive state law, but rather as a source of public ethics that operates through public reason within the framework of constitutional democracy. The reconstruction gave birth to a paradigm of universal citizenship that rejected the differentiation of legal status based on religion, gender, and social identity, and placed justice, freedom, equality, and human dignity as the foundation of Islamic public law. Although there is still debate about the methodological legitimacy of the reinterpretation of the naskh concept, the An-Na'im paradigm offers a framework of renewal that expands the possibilities of dialogue between sharia and modern public law without relinquishing the normative dimension of Islam
Protection of Women's Rights in the Practice of Referencing Outside the Office of Religious Affairs: A Case Study in Tatengger Village Bukhari Bukhari; Abdul Aziz Harahap; Muhammad Khoirul Basyar
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 4, No 1 (2026)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v4i1.20015

Abstract

The practice of referencing outside the Office of Religious Affairs (KUA) is still found in communities that maintain customary mechanisms, although the Compilation of Islamic Law (KHI) regulates the recording of referencies as part of the certainty of marriage law. Empirical studies of the practice and its implications for the protection of women's rights are still limited. This study aims to analyze the practice of referencing outside KUA in Tatengger Village, the factors behind it, and its implications for the protection of women's rights in the perspective of maslahah and legal pluralism. The research uses a qualitative approach with a case study design. Data were obtained through in-depth interviews with three informants, observations, and document studies, then analyzed using the Miles, Huberman, and Saldaña models. The results of the study show that the referral is carried out through the help of traditional and religious leaders without registration in the KUA because the iddah period has ended. This practice is influenced by divorce outside the Religious Court, low legal awareness, cost and time considerations, and limited access to KUA. This condition causes women's position to tend to be passive in decision-making and increases vulnerability to the certainty of rights, especially alimony, housing, and economic rights. The study concluded that referrals outside the KUA are not only administrative issues, but also related to the protection of women's rights and the relationship between state law, Islamic law, and customary law. These findings reinforce the importance of harmonizing the three legal systems to realize legal certainty and protection in the practice of referencing.
Islamic Criminal Law Against Crypto Fraudsters: Between Ta'zir and Sharia Fintech Regulations Liantha Adam Nasution; Syahril Fatihul Ihsan; Siti Aminah
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 4, No 1 (2026)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v4i1.20093

Abstract

The development of digital technology has given birth to various new forms of financial transactions, one of which is cryptocurrency or crypto assets. In Indonesia, the number of crypto asset investors has increased from around 18.8 million people at the beginning of 2024 to more than 21.6 million people by the end of 2024, with an annual transaction value that grows hundreds of percent, but this growth is also followed by the rise of fraud under the guise of crypto investment such as trading robots, ponzi schemes, and phishing that harm people economically and psychologically. This study aims to analyze how Islamic criminal law views crypto fraud perpetrators, identify the elements of jarimah in it, and examine the extent to which sharia fintech regulations in Indonesia are able to provide legal protection for the public. The research uses a qualitative method with a normative approach and literature study through the analysis of empirical data from Bappebti/OJK, crypto fraud cases in Indonesia and internationally, DSN-MUI fatwas, positive regulations, and contemporary Islamic legal literature. The results of the study show that crypto fraud meets the elements of gharar, tadlis, and akl al-māl bi al-bāṭil so that it is categorized as jarimah ta'zir whose sanctions need to be operationalized based on the level of loss and social impact. Sharia fintech regulations in Indonesia, including the transfer of supervision from Bappebti to the Financial Services Authority (OJK) through POJK Number 27 of 2024, still face obstacles in coordination between institutions and limited protection for victims of illegal platforms. The integration of positive law, institutional strengthening, digital literacy and sharia finance, and the principles of maqāṣid sharia is the key in dealing with the development of digital financial crimes in the modern era.
Bilateral Principles as Moderating Inheritance Rights in Southeast Asia Ariman Sitompul; Riski Putra Harahap
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 4, No 1 (2026)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v4i1.21073

Abstract

This study is situated against the backdrop of the dynamics of Islamic inheritance law in Southeast Asia, a region characterized by pluralistic social, cultural, and legal systems. The research aims to analyze the bilateral principle as an instrument of moderation (tawasuth) in the fulfillment of inheritance rights and to identify patterns of its application within Islamic family law systems across Southeast Asia. A qualitative approach was employed, utilizing literature reviews and comparative analysis of regulations, Islamic legal literature, and prior research. The study covers Indonesia, Malaysia, Brunei Darussalam, and Thailand—countries that exhibit distinct legal system characteristics and varying positions regarding Islamic law. The findings indicate that the application of the bilateral principle is contextual. Indonesia demonstrates a pluralistic and flexible pattern through the interplay of Islamic law, customary law (adat), and family deliberation, Malaysia exhibits a more institutionalized approach via Sharia Courts and state-level jurisdiction, Brunei Darussalam applies faraid (fixed inheritance shares) more uniformly with the backing of state religious institutions, while Thailand displays a territorial-pluralistic pattern, particularly in the Muslim-majority region of Southern Thailand. The study’s novelty lies in developing the bilateral principle as an instrument for moderation in inheritance matters from a cross-national comparative perspective. The bilateral principle does not replace faraid; rather, it serves as a methodological approach to bridge Sharia norms with social realities, thereby fostering justice, public interest (maslahah), inclusivity, and family harmony.

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