El-Ahli : Jurnal Hukum Keluarga Islam

AN ANALYSIS OF MUAMALAH LAW IN RUM TRADING IN KUALA SIMPANG: THE ROLE OF MUI FATWA AND JINAYAH QANUN

Dessy Asnita, Dahliana Emelda, Fakhrurrazi — Tue, 03 Jun 2025 07:27:11 +0000

This study examines the persistent practice of rum trading in Kuala Simpang, despite its prohibition under MUI Fatwa No. 4 of 2003 on halal standards and Qanun Aceh No. 6 of 2014 on Jinayah Law. Rum is commonly utilized in food and beverage preparation, imparting a sweet flavor with minimal alcoholic content. The research aims to analyze the prevailing rum trade practices and their implications in light of these religious and legal frameworks. Data were collected through interviews with rum sellers and consumers. Findings indicate that rum remains widely traded in Kuala Simpang, where it is frequently incorporated into cakes and beverages. According to MUI Fatwa No. 4 of 2003, such practices are deemed haram (forbidden), as even trace amounts of alcohol render consumption impermissible. Additionally, Aceh’s Qanun No. 6 of 2014 classifies rum as khamar (intoxicants), prohibiting its trade under Jinayah Law. Thus, the ongoing rum trade in Kuala Simpang violates both Islamic jurisprudence and regional legal statutes in Aceh

AN ANALYSIS OF MAQĀṢID AL-SHARĪʿAH IN THE PRACTICE OF ANGKAP MARRIAGE AMONG THE GAYO ETHNIC GROUP

Rizki Muhammad Haris, Muhammad Iqbal Hanafi Nasution — Wed, 04 Jun 2025 00:00:00 +0000

This study aims to examine the practice of angkap marriage in the Gayo traditional community through the Maqashid Syariah perspective, especially in the aspect of safeguarding property (hifzh al-mal). angkap marriage is a form of social adaptation that arises as a solution to the problem of the absence of sons in a family, as well as the economic obstacles experienced by the male party in carrying out marriage, especially in terms of fulfilling the dowry or edet. This research uses a normative juridical method with a statute approach, namely by analyzing written legal norms and related maqashid sharia principles. The analysis technique used is qualitative. The results show that angkap marriage provides a practical solution in maintaining the continuity of family property through the appointment of a son-in-law as part of his wife's family. The implication is that the husband changes his position in the inheritance system and becomes the protector of his in-laws' property. This tradition does not substantially contradict Islamic law and instead reflects the objectives of Islamic law, namely maintaining benefits, strengthening family resilience, and keeping property in a safe and reliable environment.

ANALYSIS OF THE LAJNAH BAHTSUL MASAIL NU FATWA METHOD ON DIVORCE JOKES

Halum Musthafa, Firdaus Firdaus, Zainal Azwar — Fri, 13 Jun 2025 11:38:21 +0000

The Lajnah Bahtsul Masail issued a fatwa regarding jokes about divorce through NU Online. In this case, someone asked whether someone who jokes about divorce has incurred thalak, and NU Online provided an answer to this question. Lajnah Bahtsul Masa'il is an NU discussion forum that explores legal issues arising from the community. Bahtsul Masail. 'Bahtsul' refers to research, discussion, and exploration. Masail, on the other hand, refers to questions, issues, problems, cases and events. Thus, linguistically, 'bahtsul masail' can be interpreted as 'discussion of a problem'. This study aims to understand the Lajnah Bahtsul Masail method of issuing a law from a problem, particularly with regard to the issue of divorce jokes. The research method employed was a literature study involving data collection through the analysis of various scientific sources, such as journals and books. The results of the study show that Bahtsul Masail uses several methods to explore a law, including the Qauli, Ilhaqi, and Manhaji methods. When answering questions about the law of divorce jokes, Bahtsul Masail uses the Manhaji method, applying the rules of Imam As-Suyuti in the book Al-Asybah Wan Nazhair, although initially the answerer refers to the book Fathul Muin

THE RELEVANCE OF WAQF IN SUPPORTING ENVIRONMENTAL EDUCATION AND SUSTAINABLE DEVELOPMENT

Thu, 19 Jun 2025 05:50:17 +0000

Climate change and environmental degradation have become major worldwide issues, particularly in poorer nations. There are still gaps in funding and community-level instruction for sustainable environmental practices, despite global commitments to the Sustainable Development Goals (SDGs). Although the Islamic institution of waqf, a type of perpetual charity endowment, has long been important for social welfare, little is known about how it might help with sustainability and environmental education. The purpose of this study is to investigate the applicability and potential of waqf in advancing sustainable development and environmental education. It looks at how waqf can be set up and used to support environmental initiatives, ecological literacy, and awareness-raising initiatives both inside and outside of Muslim communities. Using content analysis of original Islamic law sources, historical case studies, and modern waqf models from nations like Malaysia, Indonesia, and Turkey, a qualitative research approach was used. To learn more about real-world applications and difficulties, semi-structured interviews were also done with community leaders, environmental academics, and waqf officials. By creating eco-friendly schools, assisting research facilities, financing green technology, and supporting awareness campaigns based on Islamic ecological ideals, waqf can make a substantial contribution to environmental education and sustainable development, according to the study. Examples from history show that waqf holdings were historically utilized to protect public amenities and natural resources like forests and water sources. In certain nations with a majority of Muslims, contemporary waqf organizations are already starting to adjust to sustainability goals. However, because of a lack of knowledge, legal restrictions, and a lack of creativity in waqf management, this integration is still quite low. The scope of this study focuses on a few Muslim-majority nations with operational waqf organizations. Access to waqf administrative documents and some parties' reluctance to reveal financial strategies are further barriers to empirical data

IDDAH MAINTENANCE OBLIGATION PERSPECTIVE OF ISLAMIC LAW AND SOCIAL REALITY IN MANDAILING NATAL

Andri muda Nst — Sat, 21 Jun 2025 06:25:06 +0000

This research examines the obligation of Iddah alimony from the perspective of Islamic law and socio-cultural realities in Mandailing Natal. Nafkah Iddah is the responsibility of the ex-husband towards the ex-wife during the Iddah period, which aims to ensure post-divorce social welfare and protection. Although this obligation has been clearly regulated in the Qur'an, hadith, and positive law in Indonesia, its implementation in Mandailing Natal still faces various challenges. This research uses a qualitative approach with literature study and field observation methods to analyse the factors that influence the fulfilment of Iddah alimony, including social, cultural, economic, and law enforcement aspects. The results show that the low compliance with Iddah alimony obligations is caused by economic factors, lack of religious understanding, weak law enforcement, and the influence of local customary norms that tend to shift responsibility for women in the Iddah period to the woman's family. In addition, modernisation and urbanisation have changed people's perspectives on women's rights, but local cultural norms are still dominant. This research recommends increased legal literacy, synergy between law and custom, strengthened law enforcement, and economic support for post-divorce women to ensure the fulfilment of their rights in accordance with the principles of justice and protection in Islamic law.

LAW ENFORCEMENT TOWARD CHILDREN AS VICTIMS OF PORNOGRAPHIC CRIMES WITHIN THE FAMILY SPHERE

Wami Irma Suryani, Trie Rahmi Gettari — Thu, 26 Jun 2025 06:24:19 +0000

This article aims to examine the extent to which legal enforcement mechanisms protect children who are victims of pornographic crimes within the family context. It highlights the gaps in current legal responses to intra-familial pornography-related offenses involving minors and proposes a child-sensitive legal model to address these challenges. Such offenses become particularly complex when they occur within the family structure, as they involve intricate power dynamics, emotional bonds, and legal relationships. The article analyzes the enforcement of laws concerning children as victims of pornography-related crimes within familial settings. This study employs a normative juridical method with a statute and case study approach. The findings reveal that, despite the existence of a robust legal framework, the enforcement of laws against perpetrators who disseminate pornographic content still faces significant challenges—ranging from legal and technological constraints to cultural attitudes within society. Accordingly, enhanced synergy among law enforcement agencies, state institutions, and civil society is crucial in fostering a safe and healthy digital environment, especially for children who are vulnerable to such crimes.