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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 265 Documents
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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.
The Role and Authority of Adoptive Fathers in Marriage Guardianship: A Comparative Analysis between Islamic Family Law and Civil Law Thoiyibi, M; Afrizal, Afrizal; Mardhiah, Ainul; Jarullah, Jarullah; Diyetmawati, Diyetmawati
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.v6i5.17655

Abstract

This article examines the role and authority of the adoptive father in marriage guardianship, employing a comparative approach between Islamic law and civil law. In Islamic law, marriage guardianship is a pillar that must be fulfilled in the implementation of a marriage contract and can only be carried out by a man who has a blood relationship with the bride. In civil law, particularly as outlined in Staatsblad 1917 No. 129, children adopted through a court decision who are legally adopted obtain a legal status equal to that of biological children. This difference has implications for the validity of a marriage. This type of qualitative research uses a normative and comparative legal approach; primary data comes from the Compilation of Islamic Law (KHI), Law Number 1 of 1974 concerning Marriage, the Civil Code (KUHPerdata), and classical and modern literature in Islamic jurisprudence and secondary data comes from the results of previous research, scientific journal articles, Islamic law books, and civil law. Library research is used to collect data from legal documents and scientific literature. The data collected in this study will be analyzed using both descriptive and analytical methods, as well as comparative methods. The results of this study indicate that there are significant differences between Islamic law and civil law in their views on the role of the adoptive father as a marriage guardian. Islamic law explicitly rejects the authority of the adoptive father because there is no blood relationship, while civil law provides equal legal standing between adopted children and biological children through court ratification. This difference has implications for the validity of marriages that can be recognized by the state but not recognized according to Sharia, so it is essential to consider the harmony between the two legal systems in the practice of marriage guardianship in Indonesia
Marriage Agreement as an Effort to Realize a Sakinah Mawaddah Warahmah Family: Analysis Based on the Prophet's Hadith Guspidawati, Lenny; Husti, Ilyas; Sarifandi, Suja'i
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.v6i5.17969

Abstract

A marriage contract is an essential instrument for building a harmonious and just household, especially in modern society, which faces increasingly complex social, economic, and cultural dynamics. In Islamic tradition, the concept of agreement or conditions in marriage has been recognized through various hadiths of the Prophet, which emphasize the importance of fulfilling promises and the legality of conditions as long as they do not conflict with sharia. Therefore, this study aims to analyze the concept of a marriage contract for realizing a family of sakinah, mawaddah, and warahmah, based on the Prophet's hadith as the primary normative basis. This study is a qualitative, library-based study using a normative-theological approach. Data sources include primary sources, such as significant hadith collections such as Sunan Abu Dawud, Sunan Tirmidhi, and Musnad Ahmad, as well as secondary sources, including fiqh literature, academic journals, and related laws and regulations. Data collection techniques involved documentation and literature analysis, while data analysis used content analysis to interpret the textual and contextual meanings of relevant hadiths. The research results show that the Prophet's hadith strongly legitimizes a marriage contract, provided the stipulated conditions do not permit what is forbidden or prohibit what is permissible. This agreement can be a strategic tool for clarifying the rights and obligations of husband and wife, preventing conflict, and supporting the achievement of the goals of marriage characterized by tranquility, compassion, and mercy. Therefore, a marriage contract, from the perspective of the hadith, is not only valid under Islamic law but also a relevant mechanism for strengthening the unity of contemporary Muslim families.
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.

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