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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 297 Documents
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Reconstruction of the Ijārah Contract ‘Alā Al-Manāfi’ in the Practice of Stall Rental in Sigli City Square: Analysis of Fairness in Pricing and Trader Protection Rayyani Azzahra
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.v7i3.19785

Abstract

This study examines the practice of stall rental agreements at the Sigli City Square, Pidie Regency, Aceh, with a focus on the conformity between the concept of ijārah ‘alā al-manāfi’ in Islamic jurisprudence and its implementation in practice. The main issue lies in the discrepancy between normative principles and empirical realities. Normatively, the rental practice has fulfilled the essential elements of the contract, including the existence of clear benefits, a determined rental price, and mutual agreement between the parties. However, in practice, several weaknesses are identified, such as agreements conducted orally and tend to be unilateral without negotiation, as well as the application of a fixed daily rental fee of Rp5,000, locally known as “uang adat,” without considering differences in stall size or space. This condition potentially creates an imbalance between the benefits received and the payment made, thereby raising issues of fairness within the contract. This research employs a normative-empirical approach with a field research design. Data were collected through observation and interviews with traders and officials from the Department of Trade and Cooperatives of Pidie, supported by literature studies on Islamic jurisprudence, DSN-MUI Fatwa No. 112/DSN-MUI/X/2017, and Qanun Pidie No. 26/2011. The data were analyzed descriptively by comparing empirical practices with normative provisions. The findings indicate that, normatively, the rental practice is valid and in line with the concept of ijārah ‘alā al-manāfi’, particularly from the perspectives of the Hanafiyah and Malikiyah schools. However, its implementation has not fully reflected the principle of fairness due to the absence of standards that consider differences in benefits. Therefore, improvements are needed through written agreements, standardization of stall sizes, and better management practices to achieve optimal public welfare
Village Head Term Extension In Indonesia: A Fiqh Siyāsah Dustūriyyah Perspective Ilham Manando; Mohammad Yasir Fauzi; M. Dani Fariz Amrullah D
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.21097

Abstract

The amendment to Article 39 paragraph (1) of Law Number 3 of 2024, which extends the term of office of village heads from six to eight years, raises questions about development continuity, limitations on power, and the welfare of village communities. This study aims to analyze the legal construction of the extension and assess its conformity with fiqh siyāsah dustūriyyah. This prescriptive-analytical normative legal research applies statutory, conceptual, and case approaches. Primary legal materials consist of Law Number 6 of 2014 as amended by Law Number 3 of 2024, Government Regulation Number 16 of 2026, and Constitutional Court Decisions Number 42/PUU-XIX/2021 and Number 92/PUU-XXII/2024; secondary legal materials consist of books and journal articles on village governance, democracy, accountability, and fiqh siyāsah. Legal materials were collected through document study and source tracing based on relevance, authority, recency, and traceability. They were analyzed through grammatical, systematic, and teleological interpretation, then tested against the principles of amānah, justice, shūrā, maṣlaḥah, accountability, and prevention of mafsadah. The study finds that the shift from six years for a maximum of three terms to eight years for a maximum of two terms reduces maximum cumulative tenure from eighteen to sixteen years but lengthens the interval of electoral accountability. The policy is therefore a conditional maṣlaḥah: its substantive legitimacy depends on effective BPD oversight, periodic performance evaluation, budget transparency, community participation, complaint mechanisms, and enforceable sanctions. These findings formulate a conditional maṣlaḥah test for distinguishing beneficial political stability from a concentration of village power
Printing the Qur'an in West Java: Authority, Standardization, and the Making of a Religious Text from Colonial Rule to Reformasi Muhamad Khabib Imdad; Eni Zulaiha; Jajang A. Rohmana
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.20798

Abstract

Studies on the history of Qur'anic printing in Indonesia have largely focused on codicology, philology, and the standardization of the muṣḥaf, while the historical development of the Qur'anic printing industry at the regional level has received comparatively little scholarly attention. This article examines the historical development of Qur'anic printing in West Java from the pre-independence period to the Reformasi era, with particular attention to the transformation of religious authority, publishing industry, and state standardization. This research employs a qualitative method using a historical approach. Primary data consist of printed Qur’ans published by various publishers in West Java across different historical periods, while secondary data comprise scholarly literature, institutional documents, publishers’ catalogs, and archival materials related to Qur’anic publication and authentication. Data were collected through library research, direct observation of Qur'anic printed editions published in West Java across different historical periods, and documentary analysis. The findings were interpreted through the perspectives of social history and intellectual history. The study demonstrates that the development of Qur'anic printing in West Java evolved through four major typological phases: the initiation of local Qur'anic printing during the pre-independence period led by Maktabah al-Miṣriyyah of Abdullah bin Afif; the institutionalization of the publishing industry during the early post-independence era; the state-led standardization following the implementation of the Indonesian Standard Muṣḥaf during the New Order; and the diversification of the industry during the Reformasi period through product innovation and market segmentation. The study concludes that the history of Qur'anic printing in West Java reflects not only technological developments in Qur'anic reproduction but also broader social transformations and intellectual shifts in religious authority, publishing institutions, and state regulation. It further proposes a typology of Qur'anic printing development that contributes to the broader scholarship on the history of the Qur'anic book in Indonesia
Incest Prevention and the Strengthening of Family Resilience from the Perspective of the Prophet's Hadith Muh Rizki; Septian Fiktor Riyantoro; Ahmad Andri; M Imron; Khairul Akmal
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.21103

Abstract

The phenomenon of incest is a serious issue because it violates mahram boundaries and threatens the safety, honor, and resilience of the family. Changes in family interaction patterns in the digital age also present challenges in the form of exposure to sexual content, unsupervised use of digital devices, and a lack of communication between parents and children. This study aims to analyze incest as a threat to family resilience and to examine the relevance of the hadiths of the Prophet Muhammad, peace be upon him, in establishing moral protection for Muslim families. This study employs a qualitative approach using library research and a thematic (maudhu’i) approach in the analysis of hadiths. Primary sources consist of hadiths from Ṣaḥīḥ al-Bukhārī, Ṣaḥīḥ Muslim, Sunan Abī Dāwūd, and other relevant hadith collections, while secondary sources include books, journal articles, and research on incest, family resilience, child protection, digital literacy, and sex education. The data were analyzed through inventory, classification, interpretation, and thematic analysis. The research findings indicate that incest threatens family resilience by undermining the functions of protection, trust, honor, and relationships among family members. The Prophet’s hadiths contain preventive values such as upholding mahram boundaries, honor, and privacy; Islamic-values-based sex education; parental responsibility; child protection; and the internalization of ḥayā’. These values can be reconstructed as a foundation for strengthening family resilience through education, supervision, protection, and the establishment of family moral control
Ẓihār and the Protection of Women's Dignity in Tafsir al-Aḥkām: An Analysis of Shaykh Ali al-Shabuni's Thought Bayumi Asyji` Zaaidil Mubaarok
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.20596

Abstract

This article examines the protection of women’s dignity within the regulation of Ẓihār through the interpretation of Shaykh Muhammad Ali al-Shabuni in Rawā’i‘ al-Bayān Tafsīr Āyāt al-Aḥkām min al-Qur’ān. This study argues that, beyond its juridical structure, Qur’an Surah al-Mujādilah verses 1–4 contain substantive protections for women that are consistent with contemporary feminist principles. This research employs a qualitative method using a descriptive-analytical library research approach, with Rawā’i‘ al-Bayān as the primary source and Islamic feminist literature and gender theory as secondary sources. Data were collected through documentary studies of the exegetical work and relevant literature, while data analysis employed thematic content analysis to identify the values of women’s dignity protection embedded in al-Shabuni’s interpretation. The findings demonstrate that although al-Shabuni’s interpretation is methodologically grounded in classical jurisprudence, it implicitly affirms three feminist values: the protection of women’s bodily dignity and marital status; procedural justice that provides women with an opportunity to raise grievances and have their voices heard; and structural limitations on patriarchal authority within the household. This article concludes that the regulation of Ẓihār should not be understood merely as a punitive mechanism, but rather as an early Qur’anic corrective to the misogynistic practices of the pre-Islamic era (Jāhiliyyah). Accordingly, it provides a textual basis for the reinterpretation of Islamic family law toward a more gender-just framework.
A Constitutional Analysis of Active-Duty TNI Personnel in Ministries and State Institutions under Law No. 3 of 2025 Agung Fakhruzy; Wardatul Laili
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.20850

Abstract

The amendment to Law Number 34 of 2004 concerning the Indonesian National Armed Forces through Law Number 3 of 2025 has generated debate over the constitutionality of expanding the positions that may be held by active-duty TNI personnel in ministries and state institutions. This amendment warrants examination because it potentially affects the principles of the rule of law, constitutional democracy, civilian supremacy, and the professionalism of the TNI as a state instrument in the field of national defense. This study aims to analyze the compatibility of the legal regulation governing the involvement of active-duty TNI personnel in positions within ministries and state institutions with the 1945 Constitution of the Republic of Indonesia and the principles of a democratic rule-of-law state. This study employs normative legal research using a statutory approach and a conceptual approach. The primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 34 of 2004, Law Number 3 of 2025, and relevant decisions of the Constitutional Court. Secondary legal materials include books, scholarly journals, and legal doctrines, while tertiary legal materials consist of legal dictionaries. Legal materials were collected through documentary research by identifying, inventorying, and examining relevant legislation, judicial decisions, and academic literature. The legal materials were analyzed qualitatively through grammatical, systematic, and constitutional interpretation. The findings indicate that the amendment to Article 47 expands the scope of positions that may be occupied by active-duty TNI personnel from 10 to 14 ministries and state institutions. Although the provision remains limitative, the expansion potentially broadens the military's role in the civilian governmental sphere and creates tension with the principle of civilian supremacy and the spirit of the Reform Era. Therefore, strict constitutional interpretation is necessary to ensure that the implementation of the provision preserves the professionalism of the TNI and does not revive the practice of military dual function
Reconstructing the Enforcement Power of Civil Judgments through a National Enforcement Officer to Achieve Effective Judicial Enforcement A. Wafi; Ellydar Chaidir; Efendi Ibnususilo; Suparto Suparto; Surizki Febrianto
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.21062

Abstract

This study examines the crisis of enforcement efficacy in the Indonesian civil justice system—a structural irony in which the coercive power of state bailiffs has proven ineffective. Even when a judicial decision has attained the status of inkracht van gewijsde (final and binding), empirical evidence reveals a stagnation in the realization of rights, thereby fundamentally undermining the essence of legal protection for litigants. Employing a normative legal research methodology grounded in conceptual, statutory, and cross-jurisdictional comparative approaches, the study utilizes primary legal sources (legislation and relevant legal instruments), secondary sources (scholarly journals from the last decade, legal doctrine or communis opinio doctorum, and official reports), and tertiary sources; data were collected via documentation techniques and analyzed using a deductive-qualitative method. The findings indicate that reconstructing enforcement power through a "National Enforcement Officer" model is essential to bridge the gap between court judgments and the actual realization of the prevailing party's rights. This model enhances the professionalism of enforcement officials, inter-agency coordination, and the oversight of enforcement proceedings, ensuring they operate effectively and proportionately. Consequently, enforcement ceases to be merely an administrative stage and becomes an integral component of effective judicial enforcement, guaranteeing the actual implementation of court rulings

Page 30 of 30 | Total Record : 297

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