Journal Smart Law

Konsep At-Tawazun Terhadap Independent Woment Di Era Generasi Z Menurut Yusuf Al Qardhawi

Maya Viada — 2026-02-01

he phenomenon of independent women is growing stronger among Generation Z along with the development of globalization and digitalization. Women of this generation demonstrate independence in the educational, economic, and social fields, but often face a dilemma between individual freedom and religious values. This study uses a qualitative method with a library research approach, namely by examining the works of Yusuf al-Qardhawi such as Fiqh al-Mar'ah al-Muslimah, al-Wasathiyyah al-Islamiyyah, and al-Sahwah al-Islamiyyah, as well as other supporting literature. The analysis was conducted to understand how the concept of balance in his thinking can be applied to the social reality of Generation Z which emphasizes women's independence. The results of the study show that Yusuf al-Qardhawi views At-Tawazun as a universal principle in Islam that regulates the balance between rights and obligations, this world and the hereafter, reason and revelation, and between men and women. In the context of independent women, al-Qardhawi emphasized that Islam provides space for women to be independent and play an active role in society as long as they maintain moral values, family responsibilities, and their feminine nature. According to him, women's independence must be oriented towards the benefit and purpose of life in accordance with the maqashid al-shari'ah, not on unlimited freedom as promoted by Western feminism. Thus, through the concept of At-Tawazun, Yusuf al-Qardhawi offers a paradigm of balance that is relevant for modern Muslim women to achieve independence that is harmonious, ethical, and in line with Islamic teachings.

Perlindungan Hukum Atas Harta Waris Bagi Penderita Down Syndrome Dalam Perspektif Hukum Islam (Studi Kasus Pengadilan Negeri Medan Nomor 102/Pdt.P/2019/Pn.Mdn)

Nurdailamy — 2026-02-01

This study aims to determine how legal protection for the inheritance rights of people with Down Syndrome is viewed in Islamic law and Indonesian law, as well as to explain the forms of protection that can be provided and the obstacles faced in its implementation. The method used is normative legal research by examining legislation, Islamic law books, and interviews with families and religious leaders in Langkat Regency. The results of the study show that people with Down Syndrome still have full rights to their parents' inheritance, and the state provides protection through the appointment of a legal guardian who is responsible for managing the child's assets and meeting their living needs. Legal protection can be provided through the appointment of a guardian in court, the creation of a will, and the registration of assets in the name of the child with Down Syndrome. However, its implementation still faces several obstacles, such as a lack of legal certainty, difficulties in appointing guardians, and limited public knowledge about the rights of persons with disabilities. This study emphasizes that legal protection for children with Down Syndrome is a shared responsibility between families, the government, and religious institutions so that justice can be realized in accordance with Islamic teachings and applicable laws.

Ghadhul Bashar Menurut Syekh Ali Ash-Shabuni Dan Penerapannya Di Era Digital Dalam Kehidupan Generasi Z (Studi Kasus Desa Sanggalima Kec. Gebang Kab. Langkat)

Abdul Hamid — 2026-02-01

This study examines the implementation of Ghadhdhul Bashar (lowering one's gaze) in the life of Generation Z in the digital era, focusing on the youth of Desa Sangga Lima Gebang Kab.Langkat. The study addresses the phenomenon of increasing free association and access to digital content that contradicts Islamic principles, such as unsupervised interactions between opposite genders. The research aims to explore Generation Z's behavioral patterns toward digital media and social interactions, as well as to evaluate the application of Ghadhdhul Bashar values as an educational solution. The study employs a qualitative approach using interviews, observations, and literature reviews as data collection techniques. The findings reveal that the implementation of Ghadhdhul Bashar is still minimal due to a lack of religious understanding, the influence of social media, and weak environmental control. This study recommends an educational approach based on Islamic values and increased collective awareness as a strategy to implement Islamic principles in the digital era. The research findings revealed that the main challenges in implementing ghadhul bashar in the digital age are influenced by technological and social factors. The Triple A Engine concept (accessibility, affordability, and anonymity) explains why immoral content is easily accessible and difficult for the younger generation to control.

Keengganan Istri Bercerai Dengan Suami Pecandu Narkoba Di Tanjung Pura Langkat

Dinda Syahira — 2026-02-01

Marriage is something almost everyone wants. Surely every married man and woman look forward to enjoying life together. Not all marriages go as expected. There are many problems that can arise in the home. One of the most severe problems is that husbands become drug addicts. A wife who faces this kind of husband is in very difficult circumstances. She had to choose between staying in the house or going out for her own safety and that of her children. She should also consider whether to remain obedient to a husband who is no longer able to care for his responsibilities. This study aims to determine the reasons why wives in Tanjung Pura are reluctant to divorce even though their husbands have become drug addicts. The research methods used are inductive and deductive. The results of the study show that: Children, husbands still provide physical and emotional support, wives still love their husbands, wives still hope their husbands will stop using drugs. These are the factors that cause wives to be reluctant to divorce their husbands in Tanjung Pura. Initially, the marriages of drug addicts were happy and harmonious before the husbands became addicted to drugs. Most marriages were based on love. Some were arranged marriages. They mostly have a high school education and have children, with an average low economic status. Drug addiction is caused by the environment, social circles, economic pressure, and a lack of religious understanding.

Penerapan Asas In Flagrante Delicto Dalam Menyelesaikan Perceraian Dengan Alasan Zina: Pandangan Hakim Pa Stabat

Irma Khairani — 2026-02-01

This study is entitled The Application of the In Flagrante Delicto Principle in Divorce Cases Based on Adultery at the Stabat Religious Court. This research employs a qualitative method with a descriptive approach. Data were collected through observation, interviews, and documentation. The findings indicate that the in flagrante delicto principle is not positioned as a normative legal basis in divorce cases but is understood as a legal fact assessed within the framework of civil procedural evidence. Judges do not require proof of being caught in the act to establish adultery, as such a requirement is not explicitly regulated in Law Number 1 of 1974, Government Regulation Number 9 of 1975, or the Compilation of Islamic Law. Proof of adultery is conducted based on Article 164 of the HIR and Article 284 of the RBg through a cumulative and comprehensive evaluation of evidence. The perspective of judges at the Stabat Religious Court shows that proving adultery in divorce cases is not intended to establish a criminal offense, but rather to assess whether the marital relationship can still be maintained or has lost its harmonious foundation. Judicial considerations emphasize the impact of the act on the integrity of the household rather than direct proof of adultery, while upholding the principles of prudence, substantive justice, and protection of the parties’ dignity. This approach reflects the objectives of law as proposed by Gustav Radbruch in balancing legal certainty and justice, aligns with Satjipto Rahardjo’s progressive legal thought, and corresponds to the principles of maqāṣid al-sharī‘ah in safeguarding honor and lineage. Juridical obstacles arise due to the absence of explicit regulations governing this principle in civil procedural law and religious court regulations. Practical obstacles include the difficulty of proving adultery, the dominance of indirect and electronic evidence, and ethical and moral dilemmas related to the dignity of the parties. To address these challenges, judges apply principles of prudence, careful assessment, and moral courage to avoid imposi

Pertimbangan Hakim Terhadap Putusan Cerai Gugat Karena Istri Selingkuh (Studi Kasus Di Pengadilan Agama Stabat No. 18/Pdt.G/2020/PA)

Ibnal Habibi — 2026-02-06

In essence, humans are social creatures who need other humans to navigate the wheel of life. Humans
do this by seeking friends and life partners. One way to continue their lineage is through marriage. For
humans, marriage is not simply sexual intercourse between members of the opposite sex, as is the
case with other creatures. Rather, it aims to form a happy and lasting family. In traditional societies,
marriage is even seen as a way to build, foster, and maintain harmonious and peaceful kinship
relationships. It is a natural state of affairs that men and women, regardless of gender, are mutually
attracted to each other and want to live together. It is well known and acknowledged that the goals of
marriage are not always achieved according to plan, despite every effort. In fact, harmony and
harmony between husband and wife can sometimes fail, leading to hostility. The causes of divorce are
varied, including interference from a third party or infidelity. Infidelity is a case of adultery and
infidelity of a husband or wife involving a third party as a lover. This thesis is included in the
category of descriptive analytical field research, namely by conducting direct research at the Stabat
Religious Court which is then analyzed using deductive qualitative analysis methods. The data
collection techniques used are documentation and direct interviews with the Judges. In the analysis, a juridical and normative approach was used, so that it was known whether or not the considerations of
the Stabat Religious Court Judge in deciding on a divorce due to infidelity were in accordance with
Positive Law and Islamic Law. Therefore, based on the above facts, the Stabat Religious Court Judge
attributed infidelity as a reason for divorce to Article 19 letter (f) of PP No. 9 of 1975 JO. Article 16
letter (f) Complications of Islamic Law.

Efektivitas Keadilan Restoratif Dalam Penyelesaian Perceraian Akibat Kekerasan Dalam Rumah Tangga Di Pengadilan Agama Stabat

M. Irvan Syahputra — 2026-02-08

This study examines the application and effectiveness of the restorative justice approach in resolving divorce cases due to Domestic Violence (KDRT) in the Stabat Religious Court. The problem of the research departs from the still dominant formalistic legal approach that tends to be oriented towards the termination of legal relations, without providing optimal recovery for victims of domestic violence. This study aims to analyze the form of restorative justice implementation, assess its effectiveness, and identify normative, structural, and cultural barriers in its implementation. The research method used is field research with a qualitative approach. Data were obtained through observation of the mediation process, case documentation studies, and in-depth interviews with mediator judges, judicial officials, religious leaders, and parties to the case. The results of the study show that the restorative justice approach in the Stabat Religious Court is applied through a mediation mechanism that emphasizes dialogue, reconciliation, and the restoration of social relations. The effectiveness of this approach is reflected in the achievement of the restoration of the rights and dignity of the victims, changes in the attitude of the perpetrators through a spiritual approach, and conformity with the local wisdom values of the Lalat community. Although it still faces obstacles in the form of limitations in the form of special regulations and the influence of patriarchal culture, restorative justice has been proven to be able to reduce conflict and provide a sense of substantive justice for victims

Hukum Wudu Bagi Pengguna Kosmetik Waterproof Dalam Perspektif MUI Langkat

Muhammad Syarifan — 2026-02-08

The use of waterproof cosmetics among Muslim women is increasing along with the development of modern lifestyles. However, this type of cosmetic raises fiqh problems, especially related to the validity of ablution, because of its properties that can block the arrival of water to the skin. Wudu is a valid condition for prayer, so the existence of a barrier (ḥājib) on ablution members has direct implications for the validity of worship or not. This study aims to: (1) examine the views of Islamic jurisprudence regarding the legal requirements of ablution related to the existence of obstacles in ablution members, (2) analyze the views of the Indonesian Ulema Council (MUI) of Langkat Regency on the law of ablution for users of waterproof cosmetics, and (3) identify practical solutions offered by MUI Langkat for Muslim women who use waterproof cosmetics. This study employed a qualitative approach with a normative-empirical approach to Islamic law. Data were obtained through interviews with the Indonesian Ulema Council (MUI) officials in Langkat Regency, serving as the primary data source. The data were then analyzed using the Miles and Huberman analysis model, which encompasses three main stages: data reduction, data presentation, conclusion drawing and verification, while still considering both the Islamic jurisprudence (fikih) and socio-religious approaches. The results of the study show that according to Islamic jurisprudence, one of the valid conditions for ablution is the arrival of water to the skin without any obstruction. Waterproof cosmetics that form a waterproof layer are included in the category of ḥājib which can cause ablution to be invalid if not removed. The MUI of Langkat Regency is of the view that the use of waterproof cosmetics is basically allowed, but it must be removed first before performing ablution so that the water can hit the skin perfectly. The solutions offered by MUI Langkat include removing cosmetics before ablution, ablution before using cosmetics, and using alternative cosmetics that do not block water. This research is expected to be a practical guideline for Muslim women in maintaining the validity of ablution and prayer in accordance with the guidance of Islamic law.

Analisis Hukum Pencatatan Perkawinan Kewarganegaraan Yang Berbeda (Studi Kasus Kua Tanjung Pura)

Era Fazira — 2026-02-08

This study aims to analyze the legal regulations and implementation of marriage registration between citizens of different nationalities, as well as the obstacles encountered in practice, in order to provide legal certainty for the parties involved, particularly at the Religious Affairs Office (KUA) of Tanjung Pura District. Marriages between citizens of different nationalities are a consequence of increased population mobility and cross-border interactions in the era of globalization, which raise legal issues related to the validity of marriage, administrative order, citizenship status, and the protection of the rights of husbands, wives, and children. This study uses a normative-empirical legal research type with a descriptive-analytical method. The approaches used include legislative, conceptual, and sociological approaches. Data was obtained through a literature study of laws and regulations governing marriage, citizenship, and population administration, as well as empirical data through interviews with the Head of the KUA, Marriage Registrar, spouses of different nationalities, and community leaders, as well as documentation related to marriage registration. The results of the study show that the registration of marriages between citizens of different nationalities requires more detailed special administrative requirements, especially regarding citizenship documents and letters of no impediment to marriage from the foreign national's country of origin. Legal regulations in Indonesia have basically provided a clear legal basis and protection for the parties. The implementation of marriage registration between citizens of different nationalities at the Tanjung Pura KUA is generally in accordance with applicable regulations, but there are still administrative obstacles and limitations in public understanding, so that efforts are needed to raise awareness and improve services in order to achieve optimal legal certainty.