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Contact Name
Mustafid
Contact Email
elthawalib@gmail.com
Phone
+6285211335664
Journal Mail Official
elthawalib@gmail.com
Editorial Address
Jalan T Rizal Nurdin No Km 4 RW 5 Sihitang Kec. Padangsidimpuan Tenggara Kota Padang Sidempuan Sumatera Utara 22733
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Kota padangsidimpuan,
Sumatera utara
INDONESIA
Jurnal El-Thawalib
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib
Core Subject : Religion, Social,
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.
Articles 256 Documents
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.