Article Per Year (5 Year)
p-Index From 2021 - 2026
0.835
P-Index
This Author published in this journals
All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Nofiardi Nofiardi
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
Tradisi Surang Naiak Surang Turun Ditinjau dari Perspektif Hukum Islam di Nagari Kapau Alam Pauh Duo Kecamatan Pauh Duo Kabupaten Solok Selatan Anggun Padila; Nofiardi Nofiardi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10224

Abstract

The surang naiak surang turun tradition in the implementation of Minangkabau traditional marriage has received attention in several studies, but research that specifically discusses its impact on family resilience and examines it from the perspective of Islamic law remains limited. This study aims to analyze the implementation of the surang naiak surang turun tradition in Nagari Kapau Alam Pauh Duo, Pauh Duo Subdistrict, South Solok Regency, identify its impact on family resilience, and examine it from the perspective of Islamic law. This study employed a qualitative approach with a case study design. The research participants included traditional leaders, religious leaders, couples who practiced the tradition, and local community members, who were selected through purposive sampling. Data were collected through observation, interviews, and documentation and were then analyzed descriptively and qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the surang naiak surang turun tradition is still maintained by the community as a cultural heritage that contains social and economic values. This tradition is considered capable of reducing walimah costs, strengthening kinship relations, and reinforcing social solidarity within the community. Nevertheless, this study also found the existence of social stigma and community beliefs regarding the possibility of mudharat if the tradition is not carried out. These findings contribute to the development of Islamic legal studies based on local culture, particularly in understanding the concept of ‘urf within Minangkabau society. The conclusion of this study affirms the importance of preserving local traditions that contain public benefit as long as they do not conflict with the principles of Islamic law.
Implementasi Konstitusional Berdasarkan Peraturan Bupati Nomor 12 Tahun 2020 tentang Sadari Stunting Menurut Fiqh Siyasah Tanfidziyah (Studi Kasus di Nagari Simpang Kapuak Kecamatan Mungka Kabupaten Lima Puluh Kota) Sri Indah Pertiwi; Nofiardi Nofiardi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10640

Abstract

The implementation of stunting prevention policies at the nagari level still faces various challenges, particularly regarding community participation, information dissemination, and the optimization of supplementary feeding implementation. This study aims to analyze the implementation of Regent Regulation Number 12 of 2020 concerning SADARI Stunting in Nagari Simpang Kapuak, Mungka Subdistrict, Lima Puluh Kota Regency; identify the supporting and inhibiting factors in its implementation; and examine the roles of nagari officials, stunting cadres, and the community health center from the perspective of Fiqh Siyasah Tanfidziyah. This study used field research with a qualitative approach. Data were collected through interviews, observation, and documentation involving informants consisting of the nagari head, stunting cadres, community health center personnel, and community members. The results show that the SADARI Stunting program has been implemented through routine integrated health post activities, including monitoring the growth of children under five, nutrition counseling, immunization, and supplementary feeding. Supporting factors in program implementation include cooperation among implementers and community support, while inhibiting factors include limited numbers of cadres, the community’s economic conditions, and low community participation. From the perspective of Fiqh Siyasah Tanfidziyah, the SADARI Stunting program reflects the implementation of a structured policy aimed at realizing public welfare, although strengthened socialization, increased community participation, and technical improvements in field-level program implementation are still needed. The conclusion of this study emphasizes that the successful implementation of stunting prevention policies requires more optimal coordination among implementers and sustained community involvement.
Analisis Komparatif Penyebaran Konten Korban Kecelakaan Tanpa Sensor Menurut Hukum Pidana Islam dan UU ITE Sarifah A.I.T Sigalingging; Nofiardi Nofiardi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.11057

Abstract

The widespread dissemination of uncensored videos or photographs of accident victims through social media raises legal, ethical, and humanitarian issues because it has the potential to violate privacy, cause psychological trauma to victims’ families, and degrade the dignity of victims. This study aims to examine the regulation of the criminal offense of disseminating uncensored videos or photographs of accident victims according to Jarimah Ta’zir and Law Number 1 of 2024 concerning Electronic Information and Transactions, as well as to compare the regulations and sanctions in the two legal systems. This study used library research with a normative juridical approach through the examination of relevant written legal materials. The primary data sources included Law Number 1 of 2024 concerning Electronic Information and Transactions, particularly Article 27 paragraph (1), as well as Islamic legal literature on Jarimah Ta’zir. The secondary data sources included legal books, scientific journals, undergraduate theses, and other scholarly works. The results showed that the dissemination of uncensored videos or photographs of accident victims is an act that violates norms of decency and harms human dignity. In Islamic criminal law, this act constitutes a reprehensible act that can be categorized as Jarimah Ta’zir, whereas in Indonesian positive law it can be examined through the provisions of the Electronic Information and Transactions Law concerning content that violates decency. This study affirms similarities in the orientation toward protecting human dignity, as well as differences in the legal basis, forms of liability, and nature of sanctions between Islamic criminal law and Indonesian positive law. The implications of this study strengthen the importance of law enforcement and digital ethics literacy in preventing the dissemination of uncensored content involving accident victims in the digital space.
Analisis Penetapan Hakim Pengadilan Agama Maninjau Nomor: 23/Pdt.P/2024/PA.Min tentang Penetapan Dzawil Arham sebagai Ahli Waris Perspektif Maslahah Yusrizal Hamid; Nofiardi Nofiardi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.11150

Abstract

Although the designation of dzawil arham as heirs in Islamic inheritance law has received attention in various studies, studies that specifically discuss judicial considerations in the Determination of the Maninjau Religious Court Number 23/Pdt.P/2024/PA.Min from the perspective of maslahah remain limited. This study aims to analyze the judges’ legal considerations in designating dzawil arham as heirs and to assess their conformity from the perspective of maslahah. This study used a qualitative approach with a normative-empirical and descriptive-analytical design. The research participants consisted of judges of the Maninjau Religious Court selected through purposive sampling. Data were collected through literature study, document analysis of Determination Number 23/Pdt.P/2024/PA.Min, and semi-structured interviews, then analyzed qualitatively using a deductive approach. The results show that the designation of dzawil arham as heirs was based on proof of lineage, the absence of heirs from the categories of ashabul furudh and ashabah, as well as considerations of benefit and justice in line with the objectives of Islamic law (maqashid al-syari‘ah). This finding contributes to the development of maslahah theory in the practice of legal discovery (rechtsvinding) within the Religious Courts and broadens understanding of the application of Islamic inheritance law in the context of the Indonesian judiciary. The conclusion of this study affirms the importance of integrating positive law and the principle of maslahah in resolving inheritance cases, particularly in cases that are not explicitly regulated. The implications of this study indicate the need to optimize the benefit-oriented approach by judges in deciding inheritance cases and open opportunities for comparative studies on the designation of dzawil arham in various Religious Courts in Indonesia.
Bagian Harta Waris Anak Laki-Laki yang Belum Menikah Adat Batak Angkola Muslim dalam Perspektif ‘Urf di Kecamatan Halongonan Taufiq Hidayat Siregar; Nofiardi Nofiardi
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 4 No. 3 (2026): September: Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v4i3.2753

Abstract

This study was motivated by the inheritance distribution practice among the Muslim Batak Angkola community in Halongonan District, where an additional share of the inheritance is allocated to unmarried sons to cover marriage expenses. This practice raises questions regarding its conformity with Islamic inheritance law and the concept of 'urf (custom) in Islamic jurisprudence. The study aims to analyze the inheritance distribution mechanism practiced by the community and assess its legal status from the perspectives of Islamic inheritance law and 'urf. This research employed an empirical legal method with a qualitative approach by collecting data through interviews, observations, and document analysis. The findings reveal that inheritance distribution is carried out only after the deceased's obligations, including funeral expenses, debt settlement, and the execution of valid wills, have been fulfilled in accordance with Islamic principles. However, the community maintains a customary practice of reserving a portion of the estate for unmarried sons as financial support for marriage preparation, reflecting values of family responsibility, compassion, and social solidarity. Nevertheless, from the perspective of Islamic inheritance law, this practice is inconsistent with the rules of faraidh because it alters the inheritance shares explicitly prescribed by Islamic law. Therefore, the practice cannot be classified as 'urf sahih (valid custom) but rather constitutes 'urf fasid (invalid custom) because it contradicts the established principles of Islamic law.
Co-Authors Anggun Padila Sarifah A.I.T Sigalingging Sri Indah Pertiwi Taufiq Hidayat Siregar Yusrizal Hamid