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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
 1 
Search results for , issue "Vol 6, No 6 (2025)" : 10 Documents clear
The Strategy of the God of Peace in Overcoming the Practice of Siri Marriage: A Study of Alue Kambuk Village, Suka Makmue, Nagan Raya Nanda, Fitria; Djawas, Mursyid
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17904

Abstract

The phenomenon of nikah siri (unregistered marriage) remains a persistent social and legal issue in Aceh, particularly in Gampong Alue Kambuk, where many community members believe that a marriage is valid under Islamic law without official registration at the Office of Religious Affairs (KUA). This perception leads to legal uncertainty and weakens the protection of women’s and children’s rights. Such conditions reflect a gap between religious norms, customary practices, and state law, highlighting the strategic role of Tuha Peut as a customary institution in mediating and educating the community through religious and social approaches rooted in local wisdom.This study employed a qualitative method with an empirical-sociological approach, using primary data collected through in-depth interviews with the Geuchik (village head), Tuha Peut members, Tgk. Meunasah (village cleric), officials from the Suka Makmue Office of Religious Affairs, and local religious leaders. Secondary data were obtained from legal literature, books, and relevant academic journals. Data were gathered through interviews, participatory observation, and documentation, and analyzed using thematic analysis to identify the roles and strategies of Tuha Peut.The results indicate that Tuha Peut applies two types of strategies in addressing nikah siri: planned strategies and emergent strategies. Planned strategies are implemented through legal counseling, marriage registration campaigns, and religious guidance during village deliberations, while emergent strategies develop spontaneously through social communication, informal advice, and religious–customary mentorship. The main obstacles include low legal awareness, economic limitations, and strong traditional influences that prioritize religious legitimacy over state law. The study concludes that Tuha Peut plays a strategic mediating role that bridges religious, customary, and state legal systems, functioning as both an educational and preventive institution in enhancing community legal awareness
Reconstruction Of The Understanding Of Polygamy In Islam: Analysis Of Nasaruddin Umar's Hermeneutics Of Gender Justice Nurramadhani, Fatimah Azzahra; Paizin, Harel Bayu
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17931

Abstract

Polygamy is an Islamic family law issue that continues to be debated, especially when its practice in modern Muslim societies often leads to gender inequality. Although it has a normative basis in the Qur'an, specifically QS. al-Nisā' [4]: 3 and QS. al-Nisā' [4]: 129, verses on polygamy are often understood textually as legal justification, without considering the historical context and ethical objectives. As a result, there is a gap between the moral message of the Qur'an, which emphasizes justice and benefit, and the social reality of polygamy, which is fraught with gender inequality. This study aims to reconstruct the understanding of polygamy in Islam through an analysis of Nasaruddin Umar's hermeneutics of gender justice, as well as to examine the contribution of his thoughts in bridging the gap between the text of the Qur'an and social practice. This research is a library-based qualitative study. Primary data were obtained from the Qur'an and the works of Nasaruddin Umar. Secondary sources include academic books, journal articles, and previous research relevant to the theme of polygamy and gender interpretation. Data collection techniques. Data collection was carried out through systematic literature searches in both physical libraries and electronic databases, and the data were analyzed using descriptive-qualitative methods and hermeneutic analysis, considering the historical, social context, and moral objectives of religious texts. The results of the study show that Nasaruddin Umar interprets the verses on polygamy as contextual and preventive social regulations, not as an ideal marriage institution. Justice in polygamy is understood not only in material terms, but also encompasses emotional and psychological dimensions that are theologically difficult for humans to achieve. Therefore, polygamy is positioned as a very strict conditional permission, while monogamy is considered more in line with the objectives of Sharia law, namely justice, protection of human dignity, and family welfare. This study contributes to the development of Qur'anic exegesis and gender studies by emphasizing the importance of a hermeneutic approach oriented towards substantive justice in understanding the verses on polygamy, thereby producing a more humanistic, proportional, and relevant understanding in the context of contemporary Muslim society.
Problems of Handling Narcotics Addicts in Indonesia: An Analysis Between Normative Policy and Empirical Practice Khair, Muhammad Haikal; Agusmidah, Agusmidah; Harianto, Dedi
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17848

Abstract

The problem of narcotics abuse in Indonesia shows that there is a gap between the normative provisions that require rehabilitation for addicts and the practice of prison punishment that is still dominant. This study aims to analyze the implementation of criminal law policies against narcotics addicts through a progressive legal perspective and assess the application of rehabilitative approaches by law enforcement officials. The types of research used are normative juridical legal research and empirical juridical law. The normative juridical approach is carried out by examining laws and regulations, court decisions, and legal literature related to narcotics policy and progressive legal theory, while the empirical juridical approach is carried out to see the implementation of legal norms in practice. The primary data sources in this study were obtained through interviews with law enforcement officials and correctional institution officers, while secondary data sources included primary legal materials in the form of laws and regulations and court decisions, as well as secondary legal materials in the form of books, scientific journals, and official reports of related institutions. The data collection technique was carried out through literature studies and interviews. The collected data was analyzed using qualitative analysis techniques by comparing normative provisions (das sollen) with their implementation practices (das sein). The results of the study show that the criminal law policy against narcotics addicts has not been effective. Addicts are more often sentenced to prison than directed to rehabilitation, so narcotics inmates are the main contributor to prison overcapacity. Law enforcement officials are still oriented towards punishment, coordination between institutions is not optimal, and rehabilitation facilities are still limited. A progressive legal perspective offers a more humanist approach by placing the addict as a victim of addiction in need of recovery through medical and social rehabilitation.
The Tradition of Prohibiting Marriage during the Month of Suro in Purwajaya Village: A Study of Javanese Customary Practices in Lima Puluh Kota Regency Hanifah, Wiwid; Nugraha, Rizky Firman; Hafizah, Mutia
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17836

Abstract

This study is motivated by the prohibition of marriage during the Suro month among the Javanese indigenous community in Purwajaya Village, Lima Puluh Kota Regency, while Islamic teachings do not prescribe any specific time for marriage. The study aims to analyze three main issues: first, the background of the prohibition of marriage during the Suro month among the Javanese community in Purwajaya Village; second, the values contained in this traditional prohibition; and third, the review of the practice from the perspective of Maqashid Shari’ah. This research employs an empirical approach using primary data obtained through interviews and documentation, which were then analyzed qualitatively within the framework of Maqashid Shari’ah. The findings indicate that the background of the prohibition is influenced by the perception that the Suro month is sacred and unsuitable for holding weddings, beliefs in potential misfortune, respect for ancestors, the influence of Kejawen philosophy, and the syncretism of Javanese culture with Islam. This tradition also contains several values, including religious, historical, social, and philosophical values, which serve as the foundation for the indigenous community in maintaining social harmony. From the perspective of Maqashid Shari’ah, the prohibition of marriage during the Suro month is inconsistent with the objectives of preserving religion, progeny, intellect, and wealth, as time restrictions without a Shari’ah basis can hinder the realization of greater benefits. The study underscores the dynamic interaction between cultural values and Maqashid Shari’ah principles and highlights the importance of a moderate approach in understanding local cultural practices that continue to thrive within society.
Riddah as an Obstacle to Hadhanah in the Perspective of Maqāṣid al-Syarī‘ah: Analysis of East Jakarta PA Decision No.1700/Pdt.G/2010/PAJT Akbar, Ali; Nelli, Jumni
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.18375

Abstract

The jurists set several conditions for those entitled to custody of children, one of which is being Muslim. Riddah (leaving Islam) is normatively seen as an obstacle to ḥaḍānah because it is feared that it can affect the child's faith and religious education. This article aims to determine the Maqasid Syariah review of the Judge's rejection of the right of Hadanah for apostate mothers as stated in the Religious Court Decision Number PA Jakarta Timur No.1700/Pdt.G/2010/PAJT. This type of research is Normative research with a Statutory approach. Primary data are the East Jakarta Religious Court Decision Number 1700/Pdt.G/2010/PAJT, as well as laws and Islamic legal provisions related to Hadanah and Riddah, while secondary legal materials are obtained from fiqh literature, books, scientific journals, and relevant scientific works. The data collection technique is documentation, and the analysis is qualitative. The results of this article show that case No. /Pdt. G/2010/2010 / PAJT did not grant Hadanah rights to apostate mothers. In this decision, the judge understood Riddah as an obstacle to Hadanah as a consideration in the Hadanah decision. As discussed in the book Kifayatul Akhyar, as a basis for understanding fiqh, it is a requirement that parents who have the obligation to educate and raise children be Muslim, so that the judge's decision rejects the plaintiff's or appellant's petition if the plaintiff or appellant is an apostate. The Panel of Judges has prioritized hifz al-ddin (dhoruriyat) and hifdz an-nafs (care for the soul) to consider the benefit and best interests of the child
The Phenomenon of Instant Interpretation on TikTok and the Risk of Reducing the Meaning of Al-Quranic Verses among the Younger Generation Akram, Akram; Djafar, Arinil Hidayah; Rustan, Edhy; Harun, Amrullah
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17970

Abstract

The development of social media, especially TikTok, has encouraged the emergence of the phenomenon of "instant interpretation" presented through short and aesthetic videos. This phenomenon is increasingly popular among the younger generation and has the potential to influence the way they understand the Qur'an. This study aims to analyze the characteristics of instant interpretation content on TikTok and identify forms of verse misunderstandings experienced by the young generation in Palopo City. This research is a qualitative study employing a phenomenological approach to explore subjective receptive experiences. Data sources consisted of 19 informants selected through purposive sampling, including 15 active TikTok users, 2 young ustaz, and 2 academics as triangulation. Data collection techniques involved content observation, in-depth interviews, and digital documentation. Data analysis followed the Miles, Huberman, and Saldana interactive model. The results of the study show that the content of instant interpretation is dominated by aesthetic visuals that have minimal methodological references so as to produce partial and emotional understanding. The risk of misunderstanding is influenced by the format of short videos, pseudo-creator authority, TikTok algorithms, and low digital and religious literacy. The findings of this study affirm the importance of strengthening religious and digital literacy to prevent the narrowing of the meaning of verses in the digital space and contribute to the development of contemporary interpretation studies and digital da'wah
Genealogy of the Transformation of Hifdzun Nasl Law: A Study of Classical and Modern Literature on Intellectual Property Rights in the Perspective of Al-Qurtubi Ridwan, Ridwan; Munir, Akmal Abdul
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.18018

Abstract

Genealogy of the transformation of ḥifẓ al-nasl law from classical literature to the protection of Intellectual Property Rights (IPR) in the perspective of Al-Qurṭubī. ḥifẓ al-nasl, as one of the main objectives of the Shari'a in the theory of maqāṣid al-Syarī'ah, not only protects human biological continuity, but also emphasizes the moral, social, and intellectual dimensions. Through the classical approach developed by Al-Juwaynī, Al-Ghazālī, and Al-Syāṭibī, shari'a is understood as an instrument for achieving the benefit of the people (maṣlaḥah al-'ibād) by maintaining social dignity and stability. Tafsir Al-Qurṭubī emphasizes that the protection of descendants includes the honor, identity, and contribution of the individual, so that this principle can be adapted to the modern context, especially in the protection of intellectual works. The Islamic legal transformation approach (taḥawwul al-fiqh) explains the evolution of law from classical regulations regarding marriage, lineage, and inheritance to modern mechanisms that protect intellectual property rights (IPR), as a form of human "intellectual heritage." IPR theory from a contemporary perspective emphasizes that creative works have socio-moral values that must be protected, and that their violation constitutes ẓulm. The synthesis of the three theoretical frameworks—maqāṣid al-shari'ah, legal transformation, and IPR—provides a conceptual foundation for understanding the continuity of classical law in a modern context. This research demonstrates that IPR protection is a contemporary embodiment of the principle of ḥifẓ al-nasl, bridging classical and modern law, and affirming the relevance of the divine purpose of sharia in maintaining human sustainability, both biologically and intellectually
Review of the Ijārah al-A‘māl Contract on Risk Management of the Employment Relationship between Guides and Rafting Owners in Central Aceh Wahyuni, Tika; Abubakar, Ali; Eriyanti, Nahara
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17730

Abstract

This study analyzes risk management in the employment relationship between rafting guides and owners in Central Aceh Regency from the perspective of the ijārāh al-a'māl contract in Islamic jurisprudence (fiqh mu'āmalah). The background stems from a series of rafting accidents in Bengkulu and Central Aceh in 2024, resulting in fatalities due to inadequate risk management, such as extreme fatigue and river collisions. The objectives are to evaluate risk management practices, their alignment with Shariah principles, and propose an ideal model based on ijārāh to ensure justice and safety. The method employed is descriptive qualitative with an empirical juridical approach through a case study at sites like the Peusangan and Lukup Badak Rivers. Data were collected via observation, interviews with owners and guides, and documentation. Data analysis involved reduction, presentation, and verification. Findings reveal that employment is formalized through cooperative contracts, trip-based wages (Rp80,000/trip), and protection via BPJS Employment Insurance, aligning with ijārāh al-a'māl principles such as clear wages (al-ujrah al-ma'lūmah) and risk sharing. Risk management strategies include preventive (routine training), curative (medical handling), and distributive (shared responsibilities). However, challenges include limited Shariah understanding, suboptimal protection for minor risks, and wage dependency on weather and tourist numbers. In conclusion, practices lean toward Shariah compliance but require strengthened preventive risk management based on maqāṣid al-sharī'ah for justice, life preservation (ḥifẓ al-nafs), and business sustainability. Recommendations include Shariah training and stable wage schemes.
Building Modern Transformation through Fazlur Rahman’s Double Movement Method in Interpreting the Qur’an Maulana, Alif; Azizah, Hanifatul; Turmudi, Ahmad; Anam, Syahru Ramadhanil; Rinaldi, Muhammad Syafiq; Rosa, Andi
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17974

Abstract

In the contemporary era, Muslim engagement with the Qur’an and Hadith faces increasingly complex and multidimensional challenges, including issues of gender, globalization, scientific advancement, and social transformation. Previous studies on Fazlur Rahman’s hermeneutical approach have largely been descriptive, while relatively few have examined the double movement method as a framework for a transformative and contextually relevant interpretation of the Qur’an. This study aims to analyze how Rahman’s double movement functions as a mechanism that bridges the historical-contextual origins of revelation with contemporary ethical and social realities. This research employs a qualitative design based on a library research approach. The primary data sources of this study consist of scholarly literature examining Fazlur Rahman’s thought, particularly his double movement hermeneutical approach and contemporary Qur’anic interpretation. The secondary data sources include studies on modern tafsir and relevant discourses in contemporary Islamic thought. Data were collected through systematic literature review and in-depth textual analysis, and analyzed using a descriptive-analytical method to critically examine the conceptual and methodological framework of Rahman’s thought. The findings indicate that the double movement operates through two dialectical stages: first, situating Qur’anic texts within their historical context to extract universal moral principles; and second, recontextualizing theseprinciples within contemporary social settings. Its application to Q.S. al-Mujādalah :11 demonstrates the method’s capacity to transform historically specific directives into ethically relevant guidance that promotes social inclusivity, respect for knowledge, and justice. The study concludes that Rahman’s double movement offers a robust hermeneutical framework for an ethical, contextual, and socially relevant interpretation of the Qur’an.
Uzlah as a Qur'anic-Based Digital Detox Paradigm: Digital Literacy Strategies in Facing the Phenomenon of Brain Rot Hamdani, Sofia; Muslim HD, Ahmad Tri
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.17909

Abstract

The phenomenon of brain rot, which arises from the rapid, superficial, and excessive consumption of digital content, has become a serious problem that affects the cognitive, emotional, social, and spiritual quality of the younger generation. This study aims to examine the relevance of the concept of uzlah to modern digital detox practices and to offer a Qur'an-based digital detox concept inspired by the concept of uzlah as a digital literacy strategy in dealing with the phenomenon of brain rot. The focus of the study is directed at understanding digital detox as a form of uzlah today. This research is a library-based qualitative study. Primary data sources include Quranic verses related to the concept of uzlah and their interpretations in classical and contemporary tafsir. Secondary data consists of peer-reviewed journal articles, academic books, and prior studies on digital behavior, digital detoxification, and brain damage. Data were collected through documentation and a systematic literature review, then analyzed using descriptive qualitative analysis. The results of the study show that uzlah contains three main principles, namely tazkiyatun nafs (purification of the self), tafakkur (contemplation), and mujāhadah an-nafs (control of the desires). All three are in line with the needs of modern humans to restore balance in their lives amid technological pressures. The integration of uzlah values into the practice of digital detox has given rise to a new paradigm called Qur'anic-based digital uzlah, which is a spiritual approach that combines technological awareness with divine values. This paradigm positions digital uzlah as a form of transformative Qur'anic literacy, encompassing four stages: intention (an-niyyah), selective withdrawal (at-ta’zil),  purification (tazkiyah), reflection (tafakkur), and reintegration (i‘ādat al-‘amal). Through these stages, humans are guided to use technology consciously, ethically, and spiritually, making digital activities part of their devotion to Allah. Thus, uzlah as a Qur'anic-based digital detox paradigm is not intended to distance oneself from the modern world, but rather as a spiritual strategy to rearrange the relationship between humans and technology, themselves, and God.

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