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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 7, No 2 (2026)" : 10 Documents clear
Sharia Banking Strategy in Increasing MSME Entrepreneurship in Muara Tebo Savitri, Silvia; Mezaluna, Dewi; Isamuddin, Isamuddin
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19603

Abstract

This research highlights the important role of micro businesses as an economic support for the people of Muara Tebo who are still facing limited capital, technology, market access, and managerial capabilities. The purpose of the study is to analyze the contribution of Sharia Banks, especially BSI KCP Muara Tebo, in improving the entrepreneurship of micro business actors through financing and business empowerment. This field research uses a descriptive qualitative approach with data sources from banks, micro business actors, and supporting informants. Data was collected through in-depth interviews, observations, and documentation, then analyzed with thematic methods and tested for validity through triangulation of sources and techniques. The results of the study show that Sharia Banks play a significant role through murabahah financing, business consulting, educational seminars, and business development. The impact can be seen in increasing working capital, production capacity, sales volume, income, and confidence of business actors, while reducing dependence on loan sharks. Some businesses are even able to increase the workforce, expand the scale of operations, and open up opportunities for expansion. However, strengthening Islamic financial literacy and local needs-based assistance still needs to be improved so that community economic empowerment is more inclusive, sustainable, and effective.
Analysis of the Effectiveness of Divorce Procedures for Government Employees with Employment Agreements in Parepare City: Siyasah Idariyah's Perspective A.Nurgasmin, A.Nurgasmin; Hasim, Hasanudin; Achmad, Dirga; Pradana, Syafaat Anugrah
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19564

Abstract

This study is motivated by the lack of clarity in administrative regulations regarding divorce procedures for Government Employees with Work Agreements (PPPK), as existing regulations are more focused on Civil Servants (PNS), resulting in normative and practical ambiguities. This study aims to analyze the effectiveness of divorce procedures for PPPK in Parepare City by assessing the conformity between regulations and administrative practices implemented by the regional Personel and Human Resource Development Agency (BKPSDMD). This research is a qualitative study with a normative-empirical approach. Data were obtained from primary sources through interviews and observations, as well as secondary sources in the form of laws and regulations and related documents. Data collection techniques were carried out through observation, interviews, and documentation, then analyzed qualitatively. The results show that the divorce procedures for PPPK have been implemented through administrative mechanisms with the role of BKPSDMD as the institution providing recommendations for divorce permits. The process generally takes about one month, although there are still obstacles in the form of administrative completeness and mediation processes. Thus, the effectiveness of PPPK divorce procedures is not only determined by administrative aspects, but also by legal certainty and the value of public benefit from the perspective of siyasah idariyah.
Gold (Xau) Trading Practices Within The Ronss Elite Community On The Metatrader 5 Platform: A Sharia Economic Law Perspective Wilujeng, Amir Aditia; Fatorina, Fetri; Imron, M.
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19591

Abstract

Gold trading (XAU) is a modern form of trading that has developed alongside advances in digital technology and the use of online trading platforms. The practice of gold trading without the direct delivery of physical gold has sparked debate in Islamic economic law, particularly regarding the validity of contracts, delivery mechanisms, and the potential for elements of gharar and maysir. This study aims to analyze the practice of gold trading (XAU) through the MetaTrader 5 platform carried out by members of the Ronss Elite Community and review it from the perspective of Islamic economic law. The research method used is qualitative research with a normative and empirical juridical approach, through a literature review of muamalah fiqh literature, regulations related to futures trading, and field data collection through observation and interviews with community members. The results of the study show that gold (XAU) trading practices by members of the Ronss Elite Community using the MetaTrader 5 platform began with the creation of demo and real accounts, followed by capital deposits. Gold trading was carried out based on technical and fundamental analysis, as well as discipline in planning, recording transactions, and risk management through stop loss and take profit. MetaTrader 5 provides charts, indicators, and analysis tools to support trading decisions. From a Sharia perspective, the practice of trading XAU gold meets the conditions of a salam contract, with mutual agreement between the parties, legal competence, and a clear subject of the contract. Payments are made in advance, with transparent transactions. Although there is a risk of price uncertainty that can lead to elements of gharar and maysir if speculative, this community manages risk with rational analysis. This practice can be considered a contemporary salam contract or bai‘ maushūf fi al-dzimmah, provided that Sharia principles are adhered to.
Fasakh as an Instrument of Protection and Justice in Marriage: An Analysis of Zainuddin al-Malibari’s Thought in Fathul Mu’in and Its Relevance in Indonesia Rasyidin, Rasyidin; Manaf, Abdul
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19437

Abstract

This study is motivated by the importance of mechanisms for the dissolution of marriage that do not merely emphasize formal-legal aspects, but also ensure the protection of rights and justice for the parties involved. In Islamic law, fasakh serves as one such instrument; however, in practice, it is often narrowly understood and not optimally implemented in society. Furthermore, social dynamics and the increasing number of injustices within households demand a more comprehensive understanding of the concept of fasakh as a just solution. Therefore, this study aims to analyze the thought of Zainuddin al-Malibari in Fathul Mu‘in regarding the concept of fasakh and to examine its relevance within the Indonesian marriage law system. This research employs a qualitative method with a library research approach. The approaches used are normative and historical. The primary source is the classical text Fathul Mu‘in, while the secondary data include classical and contemporary fiqh books, scholarly journal articles, and Indonesian legal regulations, particularly the Compilation of Islamic Law. Data collection is conducted through documentation studies, and data analysis uses a descriptive-analytical method with deductive and comparative reasoning patterns. The findings of this study indicate that fasakh, in the thought of Zainuddin al-Malibari, functions as an instrument of protection for parties harmed within a marriage, such as in cases of physical or psychological defects, inability to provide maintenance, neglect, and other forms of harm. This concept underscores the importance of substantive justice and the protection of individual rights within marital relationships. In the Indonesian context, the principles of fasakh have strong relevance to positive law, particularly within the Compilation of Islamic Law, which also accommodates grounds for divorce in order to realize balanced protection and justice for both husband and wife.
Ahlul Bait in the Qur'an: Tafsir Ath-Thabari in the Perspective of Hermeneutics Nasr Hamid Abu Zayd Lubis, Riski Suriani; Widiyati, Romlah
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19573

Abstract

This study aims to examine the meaning of Ahlul Bait in the Qur’an through a comparative analysis between the classical exegesis of al-Ṭabarī and the critical hermeneutical approach of Nasr Hamid Abu Zayd. This research is qualitative in nature and employs a library research method, using content analysis and critical hermeneutics as its analytical approaches. The data sources consist of primary data, namely al-Ṭabarī’s Jāmi‘ al-Bayān ‘an Ta’wīl Āy al-Qur’ān and the works of Nasr Hamid Abu Zayd, as well as secondary data from tafsir literature and contemporary hermeneutical studies. Data were collected through documentation by identifying and classifying Qur’anic verses related to Ahlul Bait. The data analysis was conducted by examining al-Ṭabarī’s interpretation based on the riwāyah approach and comparing it with Abu Zayd’s hermeneutical framework to reveal the relationship between text, context, and reader. The findings indicate that al-Ṭabarī’s interpretation reflects Sunni theological constructs shaped by historical and socio-political contexts, while Abu Zayd’s hermeneutics opens broader possibilities for reinterpretation. This study concludes that the meaning of Ahlul Bait is dynamic, not merely genealogical, but also represents ethical and spiritual values.
Strengthening the Institutional Structure of the Ombudsman of the Republic of Indonesia: The Urgency of Revising Law Number 37 of 2008 from the Perspective of Fiqh Siyasah Sari, Vidya Nirmala; Holijah, Holijah
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19585

Abstract

This research examines the weakened oversight function of the Ombudsman of the Republic of Indonesia in public service delivery as a consequence of three fundamental deficiencies within Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. First, the absence of executive enforcement authority over the Ombudsman’s recommendations results in its operation merely as a magistrature of influence, unlike its counterparts in developed jurisdictions. Second, the Ombudsman’s institutional position remains ambiguous and marginal within the state structure, as it is neither explicitly nor implicitly regulated in the 1945 Constitution. Third, budgetary and human resource constraints inevitably follow from such limited authority, while maladministration practices continue to rise, totaling 81,432 reports over the past two decades. The findings conclude that institutionally, the Ombudsman functions as a state auxiliary organ and, functionally, as part of the fourth branch of government. However, it currently exercises only a magistrature of influence, necessitating a legal transformation into a magistrature of sanction. From the perspective of fiqih siyasah (Islamic political jurisprudence), strengthening the Ombudsman is imperative, as it aligns with the principle of al-amr bi al-ma’ruf wa al-nahy ‘an al-munkar (commanding right and forbidding wrong), the concept of wilayat al-hisbah (public accountability institution), and the objectives of maqashid al-shariah. The proposed institutional strengthening model through legal revision comprises four simultaneous measures: (1) establishing binding executive authority for recommendations; (2) optimizing preventive and educational functions based on the Fiqh Anti-Maladministration framework; (3) strengthening an integrated complaint reporting system with whistleblower protection; and (4) internalizing fiqih siyasah values (trustworthiness, justice, public interest, accountability) into positive law. This research recommends that the revision of Law Number 37 of 2008 accommodate all four measures concurrently, thereby transforming the Ombudsman into a strong, independent supervisory institution capable of performing the hisbah function within a modern constitutional state.
Regional Autonomy in the Indonesian Constitutional System: Between Decentralization and Centralization Siregar, Mardona
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19592

Abstract

Regional autonomy is a strategic policy within the Indonesian state system, aimed at creating an effective, democratic, and responsive government. However, in practice, the implementation of regional autonomy still faces a dynamic tug-of-war between decentralisation and centralisation, giving rise to problems such as overlapping authority, regional fiscal dependence, and a tendency towards recentralization by the central government. Therefore, this study aims to analyse the concept, legal basis, and implementation of regional autonomy in the context of the relationship between the central and regional governments. This study uses normative legal research with a statutory and conceptual approach. Data sources consist of primary legal materials, such as the 1945 Constitution and Law Number 23 of 2014 concerning Regional Government, as well as secondary legal materials in the form of books, scientific journals, and previous research results. Data collection techniques were carried out through literature studies, while data analysis techniques used descriptive qualitative analysis by systematically interpreting and reviewing legal materials. The results of the study indicate that the implementation of regional autonomy in Indonesia is not fully optimal due to the ongoing imbalance between central and regional authorities. In addition, policy inconsistencies were found that trigger a tendency towards re-centralisation. Therefore, it is necessary to harmonise regulations, strengthen regional capacity, and maintain policy consistency to create an ideal balance between decentralisation and centralisation within the framework of the Unitary State of the Republic of Indonesia.
Digital Sport Culture and Body Exposure: A Sharia Perspective on Self-Presentation in Social Media Febriyani, Febriyani; Ibrohim, Syahid Makdum; Hasanuddin, Hasanuddin; Nurhaidah, Siti Nuri; Irfan, Ahmad; Apriyanto, Anto
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19612

Abstract

The rapid development of the digital era has transformed the meaning of sports from a health-oriented activity into a form of self-representation within virtual spaces. This shift is reflected in the increasing prevalence of fitness-related content on social media, which not only showcases physical activities but also promotes body exposure as a visual strategy to attract attention and gain social recognition. From an Islamic perspective, such practices potentially conflict with the concept of ‘awrah and the ethical values governing bodily modesty in public spaces. This study aims to analyze the phenomenon of body exposure in digital sports through the framework of maqashid al-sharia and to formulate ethical guidelines for social media engagement in accordance with Islamic principles. The research employs a qualitative approach using library research, with primary sources derived from the Qur’an, hadith, and classical as well as contemporary Islamic jurisprudential works, particularly those of al-Nawawi, al-Qardhawi and Wahbah al-Zuhaili, complemented by secondary data from academic journals and media reports. Data analysis is conducted using a descriptive-analytical method with normative and maqashid-based approaches. The findings indicate that the transformation of digital sports has led to the commodification of the body and triggered psychological impacts such as body dissatisfaction. Within the maqashid al-sharia framework, body exposure may violate the fundamental objectives of preserving religion (hifzh al-din), life (hifzh al-nafs), and honor (hifzh al-‘irdh). Therefore, a reconstruction of sharia-based digital sports ethics is necessary, emphasizing modest dress, visual restraint, and moral awareness in social media practices to maintain a balance between digital modernity and Islamic values.
Analysis of I'jāz Balāghi in Surah Yāsīn: A Comparison of Tafsir Al-Kasysyāf and Ṣafwah At-Tafāsir Rosmila, Rosmila; Huda, Ade Naelul; Syukron, Ahmad
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19571

Abstract

This study aims to analyze the concept of I’jāz Balāghī in Surah Yāsīn through a comparative study of Tafsīr al-Kasysyāf by al-Zamakhsharī and Ṣafwah al-Tafāsīr by ‘Alī al-Ṣābūnī. The study of Qur’anic inimitability, particularly in its linguistic dimension, has become increasingly significant amid contemporary academic debates that question the authenticity of the Qur’an, thus requiring a balāghah-based approach as evidence of its rhetorical superiority. This research employs a qualitative library research method with a descriptive-analytical approach and a comparative method. The data sources consist of primary data from Tafsīr al-Kasysyāf and Ṣafwah al-Tafāsīr, as well as secondary data from literature on ‘ulūm al-Qur’ān, balāghah, and relevant academic journals. Data were collected through documentation by identifying and classifying verses of Surah Yāsīn containing elements of ma‘ānī, bayān, and badī‘. The data analysis was conducted by describing each mufassir’s interpretation and comparing their similarities, differences, and methodological strengths in explaining I’jāz Balāghī. The findings reveal that I’jāz Balāghī in Surah Yāsīn is manifested through the integration of ma‘ānī, bayān, and badī‘, forming both rhetorical and argumentative structures. Tafsīr al-Kasysyāf emphasizes a deep linguistic-analytical approach, while Ṣafwah al-Tafāsīr offers a more systematic and applicative explanation. Comparatively, both exegeses complement each other in understanding the multidimensional nature of I’jāz Balāghī, thereby reinforcing the argument of the Qur’an’s inimitability from a linguistic perspective.
Reactualizing Islamic Inheritance Law: Munawir Sjadzali’s Perspective on Gender Equality in Indonesia Riyanda, Arief Rahman
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19527

Abstract

This research analyzes Munawir Sjadzali’s reactualization of Islamic inheritance law in Indonesia, motivated by the tension between the 2:1 ratio and modern roles of women. Method: qualitative library research. Approaches: normative-philosophical and sociological. Primary data: Sjadzali’s "Hukum Waris Islam di Indonesia," "Ijtihad Kemanusiaan," and "Kontekstualisasi Ajaran Islam." Secondary data: journals, theses, and Yogyakarta Religious Court Decision No. 207/Pdt.G/2023/PA.Yk. Data collection: documentation. Data analysis: content analysis. Results indicate the 1:1 ratio proposal addresses Muslims' "ambivalent attitude" in using hibah for justice. This ijtihad, based on Maslahah theory and Umar bin Khattab's precedents, establishes an adaptive "Indonesian Fiqh." Its relevance is evidenced by judicial practices accommodating equal distribution via islah. It recommends reforming the Compilation of Islamic Law (KHI).

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