Jurnal Elsyakhshi

The Concept of Islamic Civil Law in Indonesia: Definition, Scope of Discussion and Application

2024-11-20T13:52:57+07:00

The concept of Islamic Civil Law in Indonesia is always interesting to discuss. This is because Islamic civil law as a positive law will continue to develop along with the development of society. This study aims to explain in more depth how the concept of Islamic civil law in Indonesia, starting from the definition of Islamic civil law in Indonesia, what is the scope of its discussion and how it is applied specifically in sharia economic disputes, especially in Religious Courts in West Sumatra. The type of research that the author conducted is qualitative research. The data analysis technique that the author used is thematic analysis. The data sources for this study are books or literature that are relevant to the discussion of the research and also data on sharia economic cases in Religious Courts throughout West Sumatra which the author took from the Case Tracking Information System on the website of each religious court, namely 18 religious courts in West Sumatra. The results of the study indicate that Islamic civil law in Indonesia is a set of positive legal rules that regulate individual interests that are specifically applied to Muslims in Indonesia. While the scope of the discussion is in marriage; inheritance; wills; grants; waqf; zakat; infaq; shadaqah; and sharia economics. In the first-level Religious Courts in regencies/cities throughout West Sumatra, 85 sharia economic cases have been handled in the period 2019-2024. The available data shows that the Talu Religious Court has the most cases, namely 18 cases.

Perspective of Islamic Criminal Law on Acquittal and Punishment of Paedophile: A Study Based on Islamic Criminal Law

2025-05-20T11:44:23+07:00

Cases of paedophile are becoming increasingly prevalent in Indonesia, with data from the Indonesian Child Protection Commission showing a consistent annual rise, particularly in child sexual abuse cases. This study aims to analyze a court verdict that acquitted a paedophile offender, identify appropriate legal sanctions, and examine the Islamic legal (fiqh jinayah) perspective on chemical castration as a form of punishment. Using a qualitative method with a content analysis approach, the study examines legal documents, including Decision No. 36/Pid.Sus/2023/PN.LBB, Law No. 35 of 2014 on Child Protection, and Law No. 17 of 2016, as well as secondary sources such as scholarly journals, articles, and books. The analysis reveals that: (1) the acquittal was primarily based on conflicting witness testimonies, which weakened the evidence; (2) appropriate sanctions should be based on Articles 81(1) and 82(2) of the Child Protection Law in conjunction with the Indonesian Criminal Code, including chemical castration as regulated in Law No. 17 of 2016; and (3) from a fiqh jinayah perspective, chemical castration is considered permissible to safeguard public welfare. These findings offer insights for further legal and Islamic jurisprudential discussions on effective responses to sexual crimes against children.

Transformation of Legal Objects in the Digital Age: Challenges and Opportunities

2025-02-11T19:42:04+07:00

The legal object is an essential component in the modern legal system, serving as the subject of legal relations between the parties involved. Traditionally, legal objects include transferable objects and rights that fulfill the rights of legal subjects. This research uses qualitative methods, mainly through literature review, by analyzing various primary legal sources such as laws and official documents, in addition to secondary sources such as scientific journals and relevant articles. Qualitative data analysis aims to explore the evolving paradigm of legal objects, their practical applications, and the resulting legal implications. The findings show that the concept of legal objects has expanded significantly in response to social, economic, and technological changes. In today's digital age, intangible assets such as intellectual property rights, personal data, and cryptocurrencies have gained prominence, thus requiring corresponding legal recognition. This evolution presents new challenges to the legal system, prompting the need for responsive and adaptive policy development. For example, Indonesia's Personal Data Protection Law establishes a legal framework for managing and protecting personal data as a new legal object, reflecting the need for contemporary legal adaptation.

Challenges in Implementing Islamic Pre-Marital Guidance: A Qualitative Study

2025-05-18T09:19:48+07:00

To encourage the formation of strong and harmonious families (sakinah, mawaddah, warahmah), the Directorate General of Islamic Community Guidance issued Decree No. 379 of 2018 on Pre-Marital Guidance for prospective brides and grooms. However, despite the launch of this initiative, divorce rates in West Sumatra continue to rise, raising concerns about the effectiveness of its implementation. This field study employs observational methods, interviews, and documentation, analyzed through a descriptive qualitative approach. The findings reveal several challenges faced by the Religious Affairs Office in West Sumatra, including limited funds, inadequate reference modules, and a shortage of certified facilitators. These challenges have been addressed through budget proposals, the use of existing ministry modules, and facilitator training. However, implementation remains suboptimal due to limited guidance time, inadequate material coverage, short session durations, basic teaching methods, and the absence of technical experts. These factors may contribute to the continued increase in divorce cases observed in the region.

Changes in Marriage Age Policy: Analysis of Implementation and Its Impact on Underage Marriage

2025-05-20T12:07:58+07:00

PG SLOT to the marriage age limit in Indonesia have led to an increase in the number of underage marriages in West Sumatra. The government's goal in changing the marriage age limit is to reduce the number of underage marriages. Precisely that, this study aims to determine the effect of Law No. 16 of 2019 concerning Marriage on underage marriage from 2019-2023 and the efforts of the local religious affairs office in socializing it. This research uses a qualitative method with a case study approach. Data sources were obtained through PG SLOT, interviews and documentation. First, the results showed that after the law was enacted, the number of underage marriages actually increased from five couples (2016-2019) to nine couples who married underage (2019-2023). This shows that despite the new regulation, the practice of early marriage still occurs. Second, the religious affairs office has made efforts to prevent underage marriage such as providing direct guidance to prospective brides who are getting married. Then utilize the services of religious instructors within the West Sumatra religious affairs office. Another way is to use social media such as Facebook and Instagram by posting things related to the impact of underage R4shub.