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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 12 Documents
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Search results for , issue "Vol 6, No 5 (2025)" : 12 Documents clear
The Legal Politics Of Relocating The National Capital: An Analysis Of Law No. 21 Of 2023 From The Perspective Of Mahfud Md’s Theory Of Legal Politics Ansori, Saiful; Maghfiroh, Siti
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17165

Abstract

This article examines the close relationship between law and politics from a legal-political perspective, emphasizing Mahfud MD's thinking and its implementation in the formation of Law Number 3 of 2022 concerning the National Capital (IKN), which was later revised into Law Number 21 of 2023. This study utilizes political configuration theory and the character of legal products. This research is qualitative with a normative-juridical approach. The data sources consist of primary and secondary sources. Data collection techniques were conducted through literature review and systematic document review of primary and secondary legal sources. The data analysis technique used was normative-juridical analysis. This research demonstrates that law is inherently inseparable from political interests. The case study of the IKN Law demonstrates executive dominance and a solid political coalition, with a rapid legislative process but minimal public participation. The resulting law tends to be conservative-elitist, despite containing aspirational elements such as equitable development and sustainability. These findings confirm that law as a political product can function to legitimize strategic policies, but also leaves behind problems of participation and the potential for marginalization of society.
Justice and Legal Certainty in the Annulment of Divorce Decisions: The Perspective of Principles Complicating Divorce Latifah, Tasya Putri
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17009

Abstract

The annulment of a divorce decision highlights a divergence in judicial perspectives regarding the granting of divorce. One of the primary considerations is that the divorce petition was deemed premature, as it did not yet fulfill the requirements for a divorce to be granted. In annulling the divorce, the judges sought to consider all relevant aspects, including legal justice and the principle of legal certainty. This consideration forms the basis of the present study, which aims to analyze how the judges’ legal reasoning reflects these principles in rendering a decision that annulled the divorce. This study employs a qualitative, normative juridical approach. The primary data sources are the case files Number 1/Pdt.G/2025/PTA.Yk and Number 422/Pdt.G/2024/PA.Wt, while supplementary sources included books, journal articles, and statutory regulations such as the Marriage Law, the Compilation of Islamic Law (KHI), and SEMA Number 3 of 2023. Data collection was conducted through documentation, and analysis was performed using a descriptive approach based on inductive reasoning. The research revealed that the appellate panel of judges annulled the previous divorce decision based on consideration of justice and legal certainty. From the perspective of legal justice, the judges determined that the divorce petition was premature, as it did not meet the 6 months separation requirement, and there was no evidence of domestic violence during the marriage; therefore, the divorce could not be granted. From the perspective of legal certainty, the panel referred to the principle of complicating divorce proceedings, as stipulated in SEMA Number 3 of 2023. Consequently, the divorce was annulled for failing to meet the substantive requirements of the law. Based on these considerations of justice and legal certainty, the panel of judges annulled the divorce, thereby restoring legal certainty regarding the marital status of the husband and wife.
The Strategic Role of Non-Judicial Mediators in Achieving Effective and Just Family Dispute Resolution in the Batam Religious Court Jalili, Ahmad; Nabila, Dachia; Andriansyah, Muhammad
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17354

Abstract

This research is motivated by the increasing number of family cases at the Batam Religious Court and the need for mediation as a more effective and equitable alternative dispute resolution. The purpose of this study is to analyze the contribution of non-judgmental mediators in resolving family conflicts and to identify the role, challenges, and effectiveness of mediation. This is a qualitative field study. Primary data were collected through in-depth interviews with non-judgmental mediators, judges, and litigants at the Batam Religious Court, while secondary data were obtained from annual reports, mediation documents, and literature on religious court mediation. Data collection techniques included observation, interviews, and documentation, while data analysis used a descriptive-analytical approach to examine the contribution patterns and effectiveness of non-judgmental mediation in resolving family conflicts. The results show that non-judgmental mediators have a strategic role in facilitating peace through a more humanistic, flexible, and deliberation-based communication approach. Their presence can reduce judges' caseloads, accelerate settlement, and maintain harmonious family relations after the conflict. Despite obstacles such as low public legal awareness, resistance from disputing parties, and a limited number of certified mediators, the effectiveness of mediation by non-judge mediators has been quite high, with a positive impact on the just, peaceful, and sustainable resolution of family cases.
Problems of Formal Review of the TNI Law: Analysis of the Principles of Public Participation and Transparency in the Formation of Legislation Ifani, Titania Nur; Zaini, Maghfirotuz; Ohoiwutun, Y. A. Triana; Rato, Dominikus
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17390

Abstract

Lawmaking is one of the fundamental instruments in realizing legal certainty and justice in national and state life. In practice, the legislative process in Indonesia still often sparks debate, both regarding substance and procedure. One of the prominent issues is the formation of the Indonesian National Army Law (UU TNI), which is being questioned due to alleged formal defects in its formulation stage. In this study, the type of research used is normative legal research or library research. The approaches used in this study are the statute approach, the conceptual approach, and the case approach. The main issue underlying the formal review of the TNI Law is the alleged failure to meet the principles of public participation and transparency in the legislative process, which has implications not only for the technical aspects of the law but also touches upon the dimensions of legitimacy and the quality of procedural democracy in Indonesia. Formal testing of the TNI Law within the framework of constitutional oversight of the legislative process certainly faced much debate. Out of the 10 cases submitted, all were rejected because the Constitutional Court found that the TNI Bill did not violate the law regarding its non-inclusion in the national legislation program, that the TNI Bill was a carryover, that the TNI Bill was in accordance with TNI reform, that the discussion of the TNI Law was transparent and accountable, that there was no limitation on document access or information access, and that the other 5 cases were still in the trial process.
Professional Zakat and Its Relevance to Theory Maslahah Muhammad Sa’id Ramadhan Al-Buthi Akbar, Ali; Rizki, Muh
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17351

Abstract

Zakat is an Islamic obligation, one of the five pillars of Islam. In early Islam, zakat focused on existing community income, such as agriculture, animal husbandry, and trade. However, in modern times, income sources have increased, including new professions such as government employees, lecturers, doctors, and so on. Therefore, it is necessary to discuss zakat on income from these professions. The purpose of this study is to explain the definition of professional zakat, how it is calculated, compare the perspectives of classical and contemporary scholars on professional zakat, and assess its relevance to the theory of mashlahah proposed by Dr. Muhammad Sa'id Ramadhan Al-Buthi. This research is a library research with a qualitative approach, where the primary data is the book of fiqh zakat by Al-Qardhawi and Fikh Al-Islam Wa Adillatuhu by Wahbah Az-Zuhaili, the secondary data comes from journal articles that are in accordance with the research. The data collection technique is by identifying appropriate data, then reviewing and identifying it, then analyzing it by interpreting it in depth and presenting it in the research. The results of this study are professional zakat is a mandatory zakat imposed on everyone who earns income from each of their businesses with the condition that it reaches 85 grams of gold if the income is calculated in one year, professional zakat is relevant to the Al-Buthi mahslahah because it is based on Maqasid Syari'ah and does not conflict with the Qur'an, Sunnah, qiyas and other maslahah.
Uncovering the Roots of Paternal Negligence in Child Support After Divorce in Pariangan District Raflis, Aullya; Yunarti, Sri; Kasmidin, Kasmidin
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17228

Abstract

Child support is a right guaranteed by Islamic law and positive Indonesian law, but in practice, it is often ignored by fathers after the breakup of a marriage. This study aims to uncover the root causes of fathers' negligence in providing child support after divorce in Pariangan District. This type of research is field-based and qualitative. Primary data sources are directly from ex-wives who have divorced and experienced problems in receiving child support, as well as religious leaders, traditional leaders, and the Office of Religious Affairs (KUA) in Pariangan District. Secondary data sources include fiqh books, Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), journals, and scientific articles. Data obtained through observation, interviews, and documentation from religious leaders and local KUA officials. Data analysis techniques: Qualitative Descriptive. The results of this study indicate that the obligation to provide child support in Pariangan District does not have standard guidelines from the court, so that fathers often provide support according to their wishes and not according to the child's needs. Economic factors cause paternal neglect, a lack of understanding that children are their responsibility, the influence of Minangkabau customs, women's ignorance in court proceedings, fathers who remarry, and a lack of trust from ex-husbands in their wives. In Minangkabau customs, especially in Pariangan, mothers play a role in providing for their nephews, as the saying goes: "Anak dipangku, kamanakan dibimbing" (child in the lap, kamanakan dibimbing).
Reformulation of Livelihood in Islamic Family Law: Qur’anic Basis and Women’s Dual Roles Ridwan, Ridwan; Ismail, Hidayatullah
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17651

Abstract

The study on the reformulation of the concept of nafaqah (financial support) in Islamic family law has become increasingly relevant amid the social and economic transformations brought about by the digital era and the expanding dual roles of women in both domestic and public spheres. This research aims to reanalyze the conceptual understanding of nafaqah based on the values of the Qur’an, taking into account the context of the digital economy and the transformation of modern family structures. The research employs a qualitative approach through library research, combining an analysis of classical texts in uṣūl al-fiqh and family fiqh with contemporary literature discussing maqāṣid al-sharīʿah and gender justice. The findings reveal that the concept of nafaqah in Islamic law encompasses interconnected moral, social, and economic dimensions. Normatively, nafaqah is the responsibility of the husband; however, within the context of the digital economy, this principle requires reinterpretation to align with the Qur’anic values of justice, reciprocity, and partnership. The integration of the principles of ḥifẓ al-māl (protection of wealth) and ḥifẓ al-nasl (protection of lineage) emphasizes that the reformulation of the concept of nafaqah is not merely a legal innovation but also part of a broader effort to preserve the welfare and sustainability of Muslim families in the modern era.
Perceptions of Portibi District Religious Affairs Office Employees Regarding Population Administration in Unregistered Marriages Siregar, Masdelina
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17658

Abstract

Unlawful marriages that do not follow official procedures at the Office of Religious Affairs (KUA) are still common in the Portibi District. This practice creates obstacles in issuing Family Cards (KK) and creates legal uncertainty for couples and family members. A lack of understanding of legal procedures is a major contributing factor. This study aims to analyze the perceptions of Marriage Registrars at the Portibi District KUA regarding the issuance of KKs for couples who marry unlawfully. This research employs a descriptive qualitative approach. Primary data were obtained from employees of the KUA Portibi Subdistrict, while secondary data were collected from books, journals, government publications, observations, and document studies. Data analysis was conducted through data reduction, data presentation, and inductive conclusion drawing. The findings reveal that most KUA employees in Portibi perceive population administration as a fundamental aspect of marriage implementation in accordance with existing laws and regulations. They believe that unregistered marriages create various adverse consequences, such as difficulties in recording the birth of children, obtaining population documents, and accessing the legal rights of spouses and children. However, employees also recognize that social, economic, and cultural barriers continue to contribute to the persistence of unregistered marriages among specific segments of the community. The study concludes that the perceptions of KUA Portibi employees are generally consistent with current regulations, emphasizing the importance of marriage registration as part of the population administrative order and legal protection for citizens. These findings are expected to serve as a foundation for improving public awareness and education about the importance of marriage registration, as well as for strengthening KUA's role in enforcing population administration policies.
Implementation of Sadd adz-Dzari'ah in the Efforts of Ninik Mamak to Prevent Child Marriage in Nagari Sungai Nanam from the Perspective of Islamic Family Law Kholidah, Kholidah; Ermansa, Efri; Ummah, Azka
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17728

Abstract

The phenomenon of child marriage remains a serious problem in Indonesia, including in Sungai Nanam Village, Solok Regency, West Sumatra. Although the government has raised the minimum age for marriage through Law Number 16 of 2019 to 19 years for both men and women, the practice of underage marriage continues due to cultural and economic factors, as well as low public legal awareness. This study aims to analyze the role and strategies of ninik mamak in preventing underage marriage and examine these efforts from the perspective of sadd adz-dzari'ah in Islamic family law. The research method is field research with a normative-sociological approach. Primary data were obtained through interviews with traditional leaders, ninik mamak, and village officials; secondary data were sourced from village documents, laws and regulations, and academic literature. Data collection techniques included observation, interviews, and documentation, and the data were analyzed using inductive techniques. The results of the study indicate that ninik mamak have a strategic role in instilling customary and religious values in children and nieces, providing advice, and imposing social sanctions against perpetrators of underage marriage. The strategies implemented include socialization of customs, outreach to educational and health institutions, and collaboration with the KUA and the Nagari government. This effort is in line with the concept of sadd adz-dzari'ah, which aims to close the path to mafsadah (damage), such as domestic violence, early divorce, and reproductive health problems. Thus, the ninik mamak effort is not just a social action but also a means of implementing Islamic legal values in the local Minangkabau context.
The Mechanism of Pregnant Women's Marriage Out of Wedlock at the Sindangkasih District Religious Affairs Office from the Perspective of Islamic Law and Indonesian Positive Law Septian, Muhamad; Atqia, Muhamad Reza; Laela, Novia; Yakub, Sandra Leoni Prakasa; Suryani, Santi
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17437

Abstract

One phenomenon that continues to generate debate is the practice of marrying pregnant women out of wedlock. Therefore, the purpose of this study is to examine the practice of marrying pregnant women out of wedlock through a comparative analysis of Islamic law, Indonesian positive law, and their implementation at the KUA (Religious Affairs Office) in Sindangkasih District. The study used field research with a qualitative approach. Data sources included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, while secondary data sources included fiqh literature, laws and regulations, and other documents. Data collection techniques included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, and were analyzed using qualitative descriptive techniques. The results of the study indicate differing views in fiqh, with some schools of thought permitting marriage with men who impregnate before birth, while others require a delay to maintain clarity of lineage. In positive law, Article 53 of the Compilation of Islamic Law (KHI) takes a pragmatic approach, permitting such marriages as a form of protection for children and to prevent social stigma. Field findings show variations in practice among marriage registrars due to differences in moral interpretation, social pressure, and understanding of the rules. This study concludes that harmonization among fiqh norms, state regulations, and social dynamics is key to ensuring the continued relevance and contextual applicability of Islamic family law in modern society.

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