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Jurnal El-Thawalib
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Jurnal El Thawalib Journal focuses its study on issues related to Islamic law and society in Muslim and non-Muslim countries from various perspectives, both theoretically and practically. The primary objective of this journal is to serve as a medium for the communication of original research results and current issues in the field. This journal is open to contributions from researchers and academics in relevant scientific disciplines, such as Islamic family law (Ahwal Al Syaksiyyah), Islamic economic law (Muamalah), Islamic criminal law (Jinayah), Islamic constitutional law (Siyasah), and Quranic studies and interpretation.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 10 Documents
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Search results for , issue "Vol 6, No 3 (2025)" : 10 Documents clear
Mencegah Kekerasan Seksual Pada Anak: Studi Implementasi Kebijakan Perlindungan Anak di Lampung Tengah Perspektif Siyasah Tanfidziyah Resa, Andi; Frenki, Frenki; Alghifari, Abuzar
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15588

Abstract

Child protection is a crucial step in efforts to realize child welfare. The government needs to show greater seriousness in implementing child protection policies, especially related to cases of sexual violence against children. This study aims to determine the extent to which the Central Lampung Regency Government exercises its authority in implementing child protection policies related to Siyasah Tanfidziyah. The type of research is field research conducted at the Women's Empowerment and Child Protection Service of Central Lampung Regency, with a qualitative approach. Primary data are collected through interviews with the Women's Empowerment and Child Protection Service of Central Lampung, as well as with victims and their parents. Secondary data are sourced from books, journals, and other relevant documents. The author's data collection technique uses interview and documentation methods. Furthermore, the data is analyzed using descriptive techniques. Based on the results of the study, the government has taken various steps to prevent violence against children, including through education and socialization to the community about the dangers of sexual violence. However, the implementation of these efforts still faces several obstacles, such as budget limitations that hinder the program's reach to all regions, especially considering the large geographical conditions of Central Lampung Regency. In addition, the low level of public awareness of the importance of child protection, especially from sexual violence, is also a challenge in itself.
Urgensi Pendekatan Ta‘līl al-Aḥkām dalam Reformasi Hukum Pidana Islam Kontemporer Efendi, Zulfan
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15256

Abstract

The urgency of discussing ta‘līl al-aḥkām in the development of modern Islamic criminal law also arises from the need to build legal legitimacy that can be intellectually justified. The objective is to examine how the concept of ta‘līl can be used to reformulate Islamic criminal law to be more adaptive to contemporary societal dynamics without compromising its normative essence. This research is qualitative in nature, employing a descriptive-analytical approach. The data sources in this study consist of secondary data obtained from classical and contemporary books and scriptures. Data collection techniques involve documentation, namely collecting, recording, and examining written materials relevant to the research topic. Meanwhile, the data analysis technique used is content analysis, which includes interpretation, classification, and synthesis of the collected data to find the relevance of the ta‘līl al-aḥkām concept to efforts in reconstructing Islamic criminal law in a contemporary context. This approach allows the researcher to identify the historical development of the concept of ta‘līl, the position of ‘illat (legal cause) in the construction of legal rulings, and its implications for the reform of Islamic criminal law. The results of this study indicate that ta‘līl al-aḥkām holds significant potential as a methodological tool to rationalize Islamic criminal law. Although there are criticisms of this approach, such as the risk of subjectivity and distortion of legal meanings, ta‘līl remains relevant for creating a just, contextual, and universally compatible criminal law system. With proper application and rigorous methodological oversight, ta‘līl can serve as a bridge between the Islamic legal tradition and the demands of modernity
Kalibrasi Arah Kiblat Masjid Di Kecamatan Petir Dengan Metode Segitiga Siku-Siku Dari Bayangan Matahari Ahdi, Hapizul; Faozi, Irfan; Alamsyah, Alamsyah
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15851

Abstract

This study examines the accuracy of the qibla direction of mosques in the Petir subdistrict. From observations made using Google Earth, many mosques do not face the Kaaba. When investigating the mosques that were indicated to be misaligned, it was found that the mosque management boards had not yet made any efforts to remeasure the qibla direction. This serves as the basis for the researcher to investigate the accuracy of the qibla direction of mosques in Petir subdistrict. This study employs a field research method. Primary data sources include interviews with ten mosque management committee (DKM) chairpersons. Data collection techniques included observation, interviews, and direct measurement of the qibla direction of the mosques. For the accuracy test of the qibla direction, the researcher used the right-angle triangle method based on the shadow of the sun. After the data was obtained, it was analyzed using qualitative descriptive techniques. The results of the study revealed that out of the ten mosques studied, only one mosque used the rubu’ mujayyab method to determine the qibla direction, while the other nine used a compass. The accuracy of the qibla direction in mosques in Petir Subdistrict shows considerable variation; one mosque is categorized as accurate, eight mosques are less accurate, and one mosque is inaccurate. This deviation occurs because during the initial measurement for mosque construction, accurate data and methods were not used. Therefore, prayers performed in mosques with inaccurate qibla directions are invalid according to the opinion of Imam Shafi'i. For this reason, it is necessary to adjust the qibla direction in accordance with the calibration results.
Peran Balaghah Terhadap Penafsiran Ayat-Ayat Akhlak Dalam Al-Qur’an Sidik, Anwar; Sari, Rizka
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15206

Abstract

Balaghah plays a vital role in understanding the beauty of the Qur’anic language, particularly in interpreting verses related to morality. Moral verses in the Qur’an are often conveyed through profound linguistic expressions, including word choice, sentence structure, and the use of rhetorical devices and symbolism. A deep understanding of balaghah enables interpreters (mufassirun) to uncover the moral meanings embedded in these verses. This study analyzes how elements of balaghah, such as majaz (figurative language), isti‘arah (metaphor), tasybih (simile), and kinayah (metonymy), contribute to comprehending the Qur’an’s moral messages. The study employs a qualitative-descriptive approach. The data sources consist of Qur’anic verses related to ethics and morality, collected through literature review. The data analysis technique used is conten analysis. The results reveal that the rhetorical style in moral verses serves to enhance the moral message and deepen the reader’s understanding. The use of balaghah in ethical verses does not only function to convey explicit commands and prohibitions but also fosters deeper moral awareness. The linguistic structures used in these verses possess aesthetic appeal that strengthens the reader's absorption of the moral values conveyed.
Eksistensi Sompa sebagai Representasi Kelas Sosial dalam Perkawinan Adat Bugis Soppeng Perspektif Hukum Islam Adam, Aldi; Baldan Haramain, Fathur
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15671

Abstract

This study is based on the reality of the Bugis Soppeng community. Where the community has customs or habits in giving a dowry called Sompa. Like dowries in general, Sompa is also given at the time of the contract or after the contract. However, in the provisions of Sompa, social strata is the main reference in the amount of property that must be given by the groom to the bride. The purpose of this study is to examine how to determine sompa based on the social strata of the Bugis Soppeng tribe. This study is a qualitative study with a descriptive-analytical type, which uses primary data in the form of interviews with three informants, namely traditional leaders, religious leaders, and traditional community actors, as well as secondary data in the form of literature, traditional documents, and Islamic law references. Data collection techniques are carried out through observation, in-depth interviews, and documentation. Furthermore, data analysis is carried out qualitatively through the stages of data reduction, data presentation, and drawing conclusions. The results of this study indicate that Sompa based on social stratification in the Bugis Soppeng community is based on several factors including heredity, wealth, education, position, and honor. The size of Sompa depends on the social strata of the woman and her parents. In Islamic Law, the size of the dowry is not determined by a maximum limit. The size used by the Bugis Soppeng community is a customary size, where the practice of sompa' is a negotiation between the man and the woman and there is no coercion. In other words, it does not contradict Islamic Law. Based on the concept of al-'Adah Muhakkamah, customary practices can be accepted as long as they do not conflict with Islamic Law.
Menelisik Legalitas Perkawinan Beda Agama di Indonesia: Analisis Yuridis dan Implikasinya dalam Hukum Perkawinan Muzakkir, Muzakkir; Muzakir, Kahar; Muhazir, Muhazir
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15260

Abstract

The legality of interfaith marriage in Indonesia remains a controversial issue, reflecting the legal uncertainty faced by couples of different religious backgrounds. Regulatory ambiguity has led to an increase in applications for marriage validation in court, indicating the need to re-evaluate the principle of legality within the national legal system. This study aims to offer a new perspective that distinguishes it from previous research by analyzing and highlighting the regulatory ambiguity surrounding interfaith marriage in Indonesia. This is a normative legal study employing a juridical-normative approach. Primary data is derived from Law No. 1 of 1974 on Marriage and Law No. 23 of 2006 on Population Administration; secondary data includes legal literature, journals, and empirical research directly related to the topic. Data is collected through literature review and analyzed using a descriptive-analytical method. The findings indicate a legal vacuum and normative inconsistencies that complicate the registration and legal recognition of interfaith marriages. From the perspective of Islamic law, the majority of scholars declare such marriages invalid, particularly when the woman is a Muslim, based on Qur'anic verse Al-Baqarah 2:221. In judicial practice, jurisprudence such as Supreme Court Decision No. 1400 K/Pdt/1986 affirms that the validity of marriage must be based on the provisions of each party’s religion. Meanwhile, actual cases show that some couples marry abroad and subsequently register the marriage in Indonesia as a shortcut to bypass domestic legal barriers. This study recommends harmonizing regulations between the Marriage Law and the Population Administration Law, formulating specific norms on interfaith marriage, and strengthening the role of religious and judicial institutions in providing legal clarity, certainty, and inclusive justice.
Potret Religiusitas Generasi Z Perspektif Maqashid Syariah: Studi Perbandingan Kab. Bintan dan Kota Tanjungpinang Hudiyani, Zulfa
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15300

Abstract

Generation Z as a productive age group that grew up amidst technological advances and globalization faces various challenges in maintaining religious values, especially in the Bintan Regency and Tanjungpinang City areas, which are areas with strong cultural and religious backgrounds. This study aims to describe and compare the internalization of Maqashid Syariah values in the religious life of Generation Z in Bintan Regency and Tanjungpinang City, in order to formulate strategic recommendations for improving the development of the religious character of the younger generation in line with the principles of Maqashid Syariah. This study employs a quantitative approach with a comparative method. Primary data were obtained through questionnaires distributed to students at the secondary and tertiary education levels as the unit of analysis. Data collection was conducted via surveys using structured questionnaires, while data analysis involved validity testing, reliability testing, and non-parametric analysis using the Mann-Whitney U Test. The results of the study show that there are differences in the level and form of internalization of Maqashid Syariah values in the religious life of Generation Z in Bintan Regency and Tanjungpinang City, where each region shows excellence in certain aspects of Maqashid Syariah, which reflects the influence of local social, cultural, educational, and religious environmental backgrounds, and is the basis for formulating strategic recommendations for improving the development of the religious character of the younger generation in a contextual and sustainable manner.
Tinjauan Yuridis dan Dinamika Pengaturan Koperasi Jasa Keuangan Syariah: Kajian Isu Terkini Perkembangan Syariah Indonesia Arrizal, Arrizal
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.14977

Abstract

The rapid growth of Islamic cooperatives in Indonesia requires regulations that are adaptive to technological advances, while still upholding the principles of maqashid sharia. This study aims to evaluate the strengths and weaknesses of the regulatory framework of Islamic financial services cooperatives in Indonesia and formulate recommendations for substantive strengthening in accordance with maqasid sharia. The method used is qualitative with a literature study approach, with primary data including Law No. 25 of 1992, Government Regulation No. 9 of 1995, and several other regulations, while secondary data include books and journal articles related to Islamic economics and cooperatives. The data collection technique is done through document review and literature study, then the data is synthesized descriptively. The results show that the current regulation still focuses on formal aspects, there is no regulation on the range of profit-sharing ratio or murabaha margin limit, the flexibility of deposit contributions has not been accommodated, and the lack of detailed ratio and margin reporting provisions. Operational standards for al-hiwalah, rahn, qard, and wakalah services are not yet uniform. The level of sharia literacy of members is low, the competence of certified human resources is minimal, there is a lack of external sharia audits, and sharia fintech guidelines for cooperatives do not yet exist. It is recommended to set a minimum-maximum ratio range and murabaha margin limit, require progressive contribution schemes and measurable qard tenors, obligation of at least one sharia manager and one certified DPS in each KSPS, implementation of annual external sharia audits, issuance of cooperative sharia fintech guidelines, and addition of new contract flexibility annexes in the PMK. With these steps, it is hoped that maqashid sharia can be internalized in cooperative regulations and practices, strengthening its role in empowering the people’s economy.
Perlindungan Hukum terhadap Istri dalam Perkawinan Poligami di Provinsi Riau Kholid, Andre; Akbarizan, Akbarizan; Munir, Akmal Abdul
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15264

Abstract

Legal protection for wives in the context of polygamy is important to examine, considering that not all polygamy practices are carried out in accordance with applicable legal provisions. In addition, the existence of strong Islamic legal norms and customary norms in Riau Province also influences the views and implementation of polygamy in society. The purpose of this study is to determine the form of legal protection for wives in polygamous practices in Riau Province. This type of research is qualitative research. Primary data sources were obtained through interviews with wives of polygamists, husbands, community leaders, and religious and legal institutions. Secondary data comes from official documents, legal literature, laws and regulations, and previous research results. Data collection techniques are interviews and documentation, then analyzed using analytical descriptive techniques. The results of this study indicate that legal protection for wives in polygamous marriages in Riau Province involves two main aspects, namely preventive and repressive protection. Preventive protection is realized through strict requirements, such as the consent of the first wife and court permission before carrying out polygamy, to ensure that the wife's rights are maintained. Meanwhile, repressive protection provides a legal mechanism for wives who are harmed, such as the cancellation of an invalid marriage. Overall, Indonesian law provides guarantees for wives in polygamous marriages to ensure justice and protection of their rights.
Konsep Keadilan Peradilan Rasulullah Dan Relevansinya Dengan Peradilan Restoratif Di Indonesia Irawan, Bambang; Amar, Zafran Arifah; Fadilah, Muhammad Rizky; Mawardi, Mawardi
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.15444

Abstract

Justice is the main goal in the justice system, both in the context of Islamic law and the national legal system. In Islamic history, the Prophet Muhammad SAW is known as a leader who not only conveyed revelations but also as a judge who upheld justice with wise, humanistic, and solution-oriented principles. This study focuses on the concept of justice in the trial of the Prophet Muhammad SAW, which prioritizes humanistic, rehabilitative, and non-discriminatory principles. This study is qualitative with a normative legal and comparative historical approach. Primary data sources from the Qur'an, Hadith, Islamic jurisprudence books, and sirah nabawiyah, which contain the practice of the Prophet's trial and regulations in Indonesia relating to restorative justice, and secondary sources come from scientific books, journals, and articles that discuss Islamic justice, the history of the Prophet's trial. The technique of collecting library data and analyzing it using qualitative descriptive techniques. The results of this study indicate that the concept of justice in the trial of the Prophet Muhammad SAW is very relevant to the principles of restorative justice in Indonesia because both emphasize dispute resolution through deliberation, restoration of social relations, and protection of the rights of victims and perpetrators in a balanced manner. The Prophet prioritized humanistic and solution-oriented justice, not merely punishment, as the approach now applied in the Indonesian legal system through various restorative justice policies.

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