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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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The 1955 General Election as the Ethical Foundation of Indonesian Democracy: A Normative-Historical and Islamic Political Perspective Putri, Nirwana; Fatimah, Siti
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.19170

Abstract

This research examines the dynamics of the 1955 General Election in Indonesia and Muhammad al-Ghazali’s perspective on electoral systems in the context of the modern state. The 1955 election marked a significant milestone in Indonesia’s democratic developm ent, applying a proportional electoral system with high voter participation. It successfully established an inclusive, accountable, and integrity-based electoral legal framework. Meanwhile, al-Ghazali’s thought highlights that democratic principles such as shura (consultation), justice, and public participation are compatible with Islamic values. Modern elections are viewed as a practical realization of shura in complex societies where direct deliberation is no longer feasible. The academic contribution of this study lies in affirming that democratic electoral systems can be grounded in Islamic ethical values, and that the historical experience of the 1955 election offers a relevant model for developing progressive electoral regulations. This research enriches the discourse on Islamic political thought and Indonesian electoral law within the context of inclusive and ethical democracy
Internal Democratization of Political Parties and Limitation of the Power of the General Chairperson in the Indonesian Party System Kurniawan, Hendrik; Susilo, Wendari Iga
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18688

Abstract

The dominance of political party chairmen in the process of formulating public policy in Indonesia indicates a serious problem in democratic practices. The common fact that every draft law discussed in parliament must be approved by the party chairmen indicates an excessive centralization of power in the hands of political party chairmen. This condition creates a paradox, where political parties, as a means of articulating and aggregating public interests, actually become instruments of the interests of a handful of elite parties. This study aims to determine the level of democracy within political parties and examine how to constitutionally limit the term of office of political party chairmen. This study uses a normative legal research method with a statute approach. The legal sources used are primary legal sources, namely legal materials that include provisions of applicable laws and regulations and secondary legal materials that support primary legal sources, namely scientific journals related to public office and justice. Data collection techniques use legal interpretation and are analyzed using analytical descriptive techniques. The results of this study indicate that the general chairperson of a political party still holds absolute power without adequate control mechanisms, including the absence of term limits which allows for the emergence of a prolonged political oligarchy. Reconstruction of the political party system can be carried out by conducting a judicial review of Article 23 paragraph (1) of the political party law or by revising the political party law organically through the legislative body
Village Fund Governance in Realizing Justice and Public Welfare Based on Siyasah Sharʿiyyah location (The case study in Pekon Way Batang, Indonesia) Umaro, Ilham; Karini, Eti; Burhanuddin, Ahmad
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.19310

Abstract

This study examines the management of Village Funds in Pekon Way Batang, Lemong District, Pesisir Barat Regency, through the normative-empirical framework of siyāsah shar‘iyyah. The urgency of this research lies in the limited scholarly integration between positive law perspectives and Islamic ethical-moral principles in Village Fund governance. This field research employs a qualitative juridical-empirical approach. Primary data were collected through interviews with village officials, community leaders, youth representatives, and local residents, while secondary data were derived from statutory regulations and relevant documents. The findings indicate that Village Fund management is relatively participatory, transparent, and responsive to community needs, particularly through Village Deliberation (Musyawarah Desa) mechanisms. From the perspective of siyāsah shar‘iyyah, these practices reflect the implementation of justice (al-‘adl), consultation (shūrā), and public welfare orientation (al-maṣlaḥah al-‘āmmah). Budget prioritization for vulnerable groups demonstrates distributive justice, while budget transparency and complaint mechanisms embody the contemporary function of hisbah (public oversight). Nevertheless, limited human resource capacity among village officials remains a structural challenge that may affect administrative effectiveness and sustainability. Overall, Village Fund governance in the research location tends to align with the principles of siyāsah shar‘iyyah, although institutional strengthening and enhanced supervisory mechanisms are necessary to achieve substantive justice and optimal public welfare.
Child Custody (Hadhanah) in Islamic Family Law in Minangkabau Society Pertiwi, Dian; Firdaus, Firdaus
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.18929

Abstract

Childcare in Islamic family law in Minangkabau is interesting to study because it lies at the intersection of sharia and matrilineal customs, thereby strengthening the role of the maternal line. This dynamic becomes increasingly complex, especially in the context of divorce, so it is important to analyze how harmonization between Islamic law and customs is implemented in practice. This study aims to determine the concept of childcare (hadanah) in Minangkabau society, whether it is a manifestation of maternal nature alone or is more influenced by the social environment and local customs. This study is a field research study with a qualitative approach, which aims to describe and analyze the empirical reality of post-divorce childcare within a matrilineal kinship system. Primary data were obtained from 25 divorced married couples: mothers, a grandmother, a traditional head (penghulu or KAN), seven datuak (customary leaders), religious figures (ulama or cadiak pandai), community leaders who are considered experts and familiar with the problems in this study, and secondary data from books, articles, and documents deemed necessary. Data was obtained from observation, interviews and documentation and then analyzed using descriptive analytical techniques. These findings demonstrate maternal dominance in parenting, where mothers are not only responsible for the education and care of children but also serve as the primary breadwinners. This situation potentially puts children at risk of losing their right to attention and support from their fathers. Matrilineal kinship in Minangkabau also contributes to low paternal involvement, including the fact that children live with their mothers, the shame of visiting their ex-wife's home, and inherent traditional perceptions. Thus, the practice of hadanah in Minangkabau is more strongly influenced by local customs and traditions.
Optimizing Childcare through the Role of Fathers from the Perspective of Maqashid Syariah Ikromi, Zul; Safrizal, Safrizal
Jurnal El-Thawalib Vol 7, No 1 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i1.19467

Abstract

Childcare is a crucial aspect in shaping a child's character, morals, and psychological development. In social practice, the responsibility for childcare is often placed more heavily on the mother, while the father's role is often understood only as a breadwinner. This creates a gap between the ideal concept of the family in Islam, which emphasizes the shared responsibility of parents in educating and nurturing children. Therefore, this study aims to analyze the optimization of childcare through the father's role from the perspective of the maqashid sharia (objectives of sharia) as a normative framework for comprehensively realizing children's welfare. This study is a qualitative library research with both normative and maqashid sharia approaches. The primary data sources in this study are verses of the Qur'an, the Prophet's hadith, and primary literature discussing the concept of childcare and maqashid sharia. Meanwhile, secondary data sources include classical and contemporary fiqh books, academic books, scientific journals, and research works relevant to the theme of the father's role in childcare. The data collection technique involves a literature review, tracing, reviewing, and classifying relevant written sources. The data were then analyzed using qualitative descriptive methods, including content analysis and conceptual analysis grounded in the maqashid sharia. The results of the study indicate that optimizing fathers' role in childcare is an important part of realizing the goals of sharia, especially in maintaining religion (hifz al-din), protecting the soul (hifz al-nafs), protecting the mind (hifz al-‘aql), and protecting offspring (hifz al-nasl). The active involvement of fathers in education, moral development, and emotional support for children can strengthen the quality of parenting and help create harmonious families and a generation with morals and responsibility.

Page 27 of 27 | Total Record : 265

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