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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 289 Documents
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Reconstructing Legal Certainty in Indonesia from the Perspective of Siyāsah Syar‘iyyah: From Legal Formalism to Substantive Justice Sutarja Sutarja; Holijah Holijah
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19797

Abstract

Legal certainty constitutes one of the fundamental pillars of a state governed by the rule of law, serving to ensure order, justice, and the protection of citizens’ rights. However, the implementation of law in Indonesia continues to face various challenges, including overlapping regulations, inconsistencies in law enforcement, disparities in judicial decisions, and a tendency toward legal formalism that often neglects the public sense of justice. This article aims to analyze the problems of legal certainty in Indonesia and to propose a reconstruction of the concept of legal certainty from the perspective of Siyāsah Syar’iyyah. This research employs a normative legal research method using conceptual, statutory, and philosophical approaches. The sources of data include legislation, constitutional law literature, Islamic legal scholarship, and relevant scientific journal articles. Data were collected through library research and analyzed using qualitative methods with deductive-inductive reasoning. The findings indicate that the paradigm of legal certainty in Indonesia remains predominantly influenced by a positivistic approach that views law merely as a body of written norms. From the perspective of Siyāsah Syar’iyyah, legal certainty is not only understood as compliance with legal texts but also as an instrument for realizing substantive justice for all citizens. The reconstruction of legal certainty should therefore be directed toward the integration of legality, justice, and public welfare (maslahah) through the development of responsive regulations, the strengthening of the integrity of law enforcement institutions, the harmonization of legislation, and the implementation of the principles of Maqāṣid al-Sharī‘ah in both the legislative process and law enforcement practices
Dynamic of Thought on Asbābun Nuzūl : A Comparative Study by Andrew Rippin, Muhammad Syahrur and Roem Rowi Muhammad Khoirul Rizal Affandi; Tesa Maulana
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19768

Abstract

This comparative study is motivated by the shift in the significance of Asbābun Nuzūl from a classical instrument to an object of epistemological debate. This research employs a library research method with an interpretive approach. Primary data sources consist of the works of Andrew Rippin, Muhammad Syahrur, and Roem Rowi, while secondary data sources include Qur'anic studies books and relevant journal articles. Data were collected through documentation and analyzed using comparative techniques. The findings reveal that Rippin presents a critical and skeptical perspective regarding the authenticity of Asbābun Nuzūl narratives. Syahrur emphasizes the socio-historical context and limits the relevance of Asbābun Nuzūl . Roem Rowi offers a balanced approach by integrating historical, linguistic, and thematic dimensions.
Indonesian Islamic Banking Transformation Strategy in the Digital Era: Analysis of Challenges, Opportunities, and Development Directions Junda Harahap; Amhar Maulana Harahap; Putra Halomoan Hsb
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19975

Abstract

Digital transformation has significantly changed the financial industry landscape and requires Islamic banking to adapt to remain competitive amidst developments in financial technology (fintech), neobanking, and changing customer behavior. This study aims to analyze the challenges, opportunities, and development direction of Indonesian Islamic banking in the digital era. This research is a normative legal study with a qualitative approach. The approaches used include a conceptual approach and a statutory approach. Data sources consist of primary data obtained from regulations, reports, and official publications of the Financial Services Authority (OJK), Bank Indonesia, and other relevant institutions. Secondary data are obtained from books, journal articles, previous research results, and various relevant literature. Data collection techniques were conducted through documentary studies, while data analysis was conducted qualitatively through the stages of data reduction, data presentation, and drawing conclusions. The results show that Islamic banking in Indonesia has significant potential for growth, supported by Muslim demographics, digital economic growth, and the development of the halal industry. However, this industry still faces challenges such as low Islamic financial literacy, limited capital, and lagging technological infrastructure. Therefore, the transformation strategy needs to focus on accelerating service digitalization, strengthening capital structures, developing human resources, and optimizing real-sector financing so that Islamic banking can become a leading financial institution that is competitive, inclusive, and sustainable
The Controversy over the Use of 14-Karat Gold Nisab in Determining Professional Zakat: A Fiqh Review and Its Impact on Zakat Justice Imam Agung Prakoso
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19780

Abstract

This study examines the controversy surrounding the use of 14-karat gold in determining the nisab for professional zakat from the perspective of Islamic jurisprudence (fiqh) and distributive justice. However, the policy implemented by the National Zakat Agency (BAZNAS) using 14-karat gold has sparked debate due to its potential to lower the real value of the nisab. This study employed library research with a qualitative approach. Primary data came from the Qur'an, hadith, and policy documents related to the nisab for professional zakat, while secondary data were obtained from relevant fiqh books, books, and scientific journal articles. The results indicate that the use of 14-karat gold, although facilitating the implementation of zakat, has the potential to expand the obligation of zakat to groups who are not yet fully economically capable. From the perspective of maqashid sharia, this could disrupt the principles of justice (al 'adl) and balance (tawazun). Therefore, a more integrative reconstruction of the nisab standard is needed to align with the principles of Islamic jurisprudence and the goals of social justice in zakat.
Revitalization of the Function of Satlinmas in the Implementation of Minister of Home Affairs Regulation Number 84 of 2014 from the Perspective of Fiqh Siyāsah Tanfīdziyah M. Yudi Setiawan; Fathul Mu'in; Rudi Santoso
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19837

Abstract

The Community Protection Unit (Satlinmas) is a strategic regional government apparatus in maintaining public order, peace, and community protection. The existence of Satlinmas is specifically regulated in the Regulation of the Minister of Home Affairs Number 84 of 2014 concerning the Implementation of Community Protection. This study aims to analyze the role of Satlinmas in the implementation of the Ministerial Regulation and examine it from the perspective of fiqh siyāsah tanfīdziyah. This research employs a library research method using normative-juridical and siyasah syar‘iyyah approaches. Data were collected through the study of legislation, classical fiqh siyasah literature, scientific journals, and other relevant academic sources The research results show that Satlinmas plays a crucial role in protecting the community through security, disaster management, and the maintenance of public order. However, the implementation of the Minister of Home Affairs Regulation Number 84 of 2014 still faces challenges, including limited human resources, limited training, weak coordination, and insufficient budget support. From the perspective of Fiqh Siyāsah Tanfīdziyah, the existence of Satlinmas aligns with the principles of siyāsah syar‘iyyah in maintaining public welfare, public security, and fulfilling the government’s mandate and responsibility towards the people. Therefore, optimizing Satlinmas is crucial to support effective regional governance that is oriented towards the public welfare.
Restorative Justice in Islamic Criminal Law: A Comparative Study of Diyat and Modern Victimology Muhammad Jaelani; Fadhli Muhaimin Ishaq; Muhammad Yusuf
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19666

Abstract

Contemporary criminal justice systems, largely influenced by retributive penal theory, have been criticized for their limited capacity to address victims’ interests. Indonesian positive law, including Law No. 31 of 2014 on the Protection of Witnesses and Victims and Law No. 20 of 2025 on Criminal Procedure Law, also continues to exhibit normative gaps in victim-centered justice mechanisms. This article examines diyat in fiqh jinayah as an instrument of restorative justice and analyzes its contribution to the development of Islamic victimology within contemporary criminal law. This study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal sources consist of the Qur’an, Hadith, and classical fiqh jinayah literature, while secondary sources include legislation, international legal instruments, books, and scholarly journal articles. Data were collected through library research and analyzed using qualitative descriptive and comparative methods. The study identifies four major contributions of diyat to contemporary victimology. First, diyat provides structural compensation guarantees through the institution of ‘aqilah, which distributes financial responsibility collectively. Second, it recognizes victim autonomy as a juridical right through haqq al-adami, granting determinative authority to victims or their legal heirs. Third, the mechanism of ‘afw (forgiveness) incorporates moral and relational restoration beyond conventional restitution. Fourth, diyat institutionalizes community participation through ‘aqilah and ‘asabiyyah (social solidarity). These principles constitute a coherent framework of Islamic victimology compatible with universal restorative justice principles and relevant to Indonesia’s criminal justice reform.
Blind Box and Transaction Uncertainty: A Review of Islamic Economic Law on Modern Consumptive Practices Warmin Warmin; Cici Amelia Destriyanti Pratiwi; Sukriyadin Zebua; Fahrul Hidayat
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19651

Abstract

This research is motivated by the problems that occur in blind box buying and selling transactions, because sellers and producers in the blind box buying and selling concept only inform the series or theme of the box, which will be sold on their blind box platform, without providing detailed information about what is inside the box. The purpose of this study is to understand the mechanisms underlying blind box buying and selling practices and to examine the perspective of Islamic economic law on them. This type of research is field research conducted at Miniso Mall Ciputra Tangerang. With a qualitative approach. Primary data sources from interviews with sellers and buyers, and secondary data from books, journal articles, and other documents. Data collection techniques include observation, interviews, and documentation. Then the data is analyzed using descriptive analysis techniques. The results of the study indicate that the blind box practice at Miniso Mall Tangerang contains an element of uncertainty (gharar) because consumers do not know for sure the product obtained during the transaction. From the perspective of Islamic Economic Law, this practice needs to pay attention to the level of uncertainty that exists to avoid causing losses to consumers. The blind box phenomenon shows the relevance of Islamic economic studies to the increasingly developing modern business model. Therefore, the principles of transparency, fairness, and consumer protection must be the basis for ensuring that transactions remain in accordance with Sharia values.
Revitalization of Fiqh Rules in the Reform of Modern Islamic Family Law Samsul Arifin; Nurul Abrari
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19712

Abstract

The purpose of marriage is to form a harmonious and happy family. However, the impact of globalization, technology, and diverse social life in society makes the goal of marriage difficult to achieve. Issues related to marriage require a solution, therefore, these Islamic jurisprudence principles serve as a guide in addressing marriage issues, resulting in a more responsive and adaptive renewal of Islamic family law. This study uses a qualitative approach with a literature study approach. Primary data sources are Ihya' Ulumiddin and Al-Faraidul Bahiyyah, and secondary data are from books and journals. Data collection techniques through literature reviews. The analysis process is carried out by separating relevant data, then analyzing it in the form of descriptive analysis, and drawing conclusions by linking the data on marriage issues to relevant Islamic jurisprudence principles. The results of the study show that there are three rules of Islamic jurisprudence that are relevant to marriage issues 1. Al-umuru bi maqasidiha (All actions depend on their purpose) This rule is used as the basis for a judge to decide the law on marriage confirmation. 2. Al Aslu fi asyya' al ibahah hatta yadulla al dalil ala tahrim (The origin of something is permissible, so there is evidence that prohibits it) This rule provides legal confirmation about the permissibility of doing something until there is an argument that prohibits it, in the context of marriage, namely the permissibility of doing walimatul usr according to his ability. 3. Addararu yuzalu (harm must be eliminated) This rule seeks to realize the purpose of the law, namely for the benefit by rejecting all damage, in the context of marriage, namely the existence of a marriage dispensation by a judge for those who have not met the formal and material requirements of marriage.
Reconstructing Laylat al-Qadr: Spiritual–Existential Hermeneutics in Shaykh ‘Ala Muhammad Mustafa Na‘imah’s Qur’anic Exegesis Fitri Meliani; Muhamad Khabib Imdad; Tami Dewi Puspa Rahayu; Muhammad Bayu Fitriansyah; Muhammad Shobirin
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19796

Abstract

This article deals with the tradition of Laylat al-Qadr occurring in al-Hayah at-Tayyibah ma‘a al-Qur’an by Shaykh ‘Ala Muhammad Mustafa Na‘imah, the Quranic commentary that reconstructs the meaning of this special day historically as an institutionalized (classical, and later modern) human-existential, compulsory for any significance to emerge for what befell a contextually-defined Muslim-Universe. Laylat al-Qadr has been classically understood as the night during one of the last ten days of Ramadan that carries enormous spiritual merit and rewards greater than a thousand months. This interpretation has engendered a largely ritualistic and chronological understanding of the idea, while its existential and spiritual dimensions remain inadequately studied in contemporary Qur’anic studies. The objectives of this study are to explain the methodological construction of Na‘imah’s tafsir, examine the deconstruction process he conducts on the temporal paradigm of Laylat al-Qadr, and expose his tafsir interpretation into contemporary hermeneutics. MethodsThis is a qualitative library research. The primary data is taken from al-Hayah at-Tayyibah ma‘a al-Qur’an and the secondary sources include classical and modern tafsir works, credible journal articles, and studies on Qur’anic hermeneutics as well as Sufi exegesis. The methodology involves content analysis and comparative approaches to the data. The results show that Na‘imah re-forms Laylat al-Qadr as not just a temporal occasion, but also a spatial-experiential reality whose parameters determine less by time and space than the spiritual-fnality of an individual to receive divine light. His interpretation is grounded in a Sufi-hermeneutical framework integrating linguistic, intertextual, philosophical, and symbolic approaches. This study demonstrates an epistemological shift in contemporary tafsir from textual to contextual and existential paradigms, thereby contributing to the development of Qur’anic hermeneutics and contemporary Sufi exegesis

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