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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 276 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.
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.
Reactualization of Pancasila's Value of Justice in the Perspective of Quranic Interpretation of Justice Rafli, Muh
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.v7i1.17944

Abstract

Justice is one of the fundamental values in the philosophical foundation of the Indonesian state, namely Pancasila, especially in the principle of social justice for all Indonesian people. However, in contemporary social and political reality, there is still often a gap between the ideal value of justice and its practice in community life. In this context, the Qur'an, as the main source of Islamic teachings, provides a comprehensive ethical framework for the concepts of justice (al-'adl and al-qisṭ), emphasizing principles of balance, honesty, and the protection of human dignity. This study aims to analyze the reactualization of the value of justice in Pancasila through the lens of Qur'anic interpretation, with the aim of strengthening its moral and philosophical relevance in the life of the nation and state in Indonesia. This study uses a normative approach and a thematic interpretation method (tafsir maudhu'i) to analyze Qur'anic verses related to justice, with primary data from the Qur'an, Pancasila, and the 1945 Constitution, and secondary data from scientific articles, non-formal sources, and other documents. Data were collected using documentation methods and analyzed using content analysis. The results of the study indicate that the concept of justice in the Qur'an emphasizes impartiality, moral responsibility, and the obligation to uphold justice even against oneself or certain groups. These principles closely align with the Pancasila value of justice. Therefore, the reactualization of the values of justice in Pancasila through the lens of Qur'anic interpretation can strengthen ethical governance practices, promote social equality, and realize a just and equitable society in Indonesia. Word count: ±190.

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