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All Journal Ahkam: Jurnal Ilmu Syariah ILMU USHULUDDIN Indonesian Journal of Islam and Muslim Societies ISLAMICA: Jurnal Studi Keislaman Al-Ihkam: Jurnal Hukum dan Pranata Sosial MIQOT: Jurnal Ilmu-ilmu Keislaman Jurnal Wiyata : Penelitian Sains dan Kesehatan AJIS : Academic Journal of Islamic Studies Jurnal Ilmiah Al-Syir'ah Jurnal AL-AHKAM Jurnal Kajian dan Pengembangan Umat Ulumuna Kafa’ah: Journal of Gender Studies Indo-MathEdu Intellectuals Journal NEGREI: Academic Journal of Law and Governance Legal Protection for the Partnership Agreement Parties Al-Rasikh : Jurnal Hukum Islam Al Ushuliy Hakamain: Journal of Sharia and Law Studies Jurnal Sosiologi USK (Media Pemikiran & Aplikasi) Social Empirical Serat: Journal of Literature and Cultural Studies
Ikhwan Ikhwan
Universitas Islam Negeri Imam Bonjol Padang
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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The Contribution of L.W.C. Van Den Berg’s Thoughts in Dutch Colonial Legal Politics on The Development of Religious Courts in Indonesia Roni Pebrianto; Asasriwarni Asasriwarni; Ikhwan Matondang
AJIS: Academic Journal of Islamic Studies Vol 7, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v7i1.3779

Abstract

The purpose of this paper is to explore the contributions of L.W.C. Van Den Berg in Dutch colonial legal politics on the development of religious courts through the theory of reception in complexu. The focus of this research are: what are the contributions of Van Den Berg in the development of religious justice in Indonesia? Why did the Dutch colonial government accept this idea? Was it to protect the colonized people or protect their power? This type of research is a library research by focusing on sources of information originating from legal politics books, articles, journals and literature that are relevant and in sync with the object of this research. The results show that Van Den Berg had contributed to the development of religious courts in Indonesia through the receptie in complexu theory which stated that the law that applies to Muslims is Islamic law. This theory emerged after the Dutch colonial saw the reality of the application of Islamic law to society. As an implementation of this theory, Islamic law legislation was made known as the Compendium Freije. Religious courts were given the authority to carry out their legal jurisdiction according to and based on Islamic law. With this theory, the existence of the Netherlands could be accepted by the people of the Nusantara
Media Sosial sebagai Faktor Perceraian di Wilayah Hukum Pengadilan Tinggi Agama Padang Desminar Desminar; Asasriwarni Asasriwarni; Ikhwan Ikhwan
Jurnal Kajian dan Pengembangan Umat Vol 5, No 1 (2022): Vol. 5, No. 1 Juni 2022
Publisher : Fakultas Agama Islam Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/jkpu.v5i1.3189

Abstract

To realize the purpose of marriage, there are many challenges and trials experienced by husband and wife due to the uncontrolled use of sosial media which leads to divorce. Divorce occurs due to several factors including the influence of sosial media. The development of sosial media brings many benefits to society, but if it is not wise in its use, it is very detrimental to its users. This type of research is field research with a qualitative approach. Data were collected by interview and study of documents regarding divorce cases caused by the influence of sosial media in the jurisdiction of the Padang High Court of Religion. Furthermore, the data were analyzed descriptively with reduction, display and verification techniques. The results of the first study are that the legal basis used by the Panel of Judges in resolving this case is Government Regulation no. 9 of 1975 Article 19 hruf (c) in conjunction with Islamic Law Compilation Article 116 haruf (g and h) by considering the arguments for benefit to avoid negative things that will arise for the plaintiff and the defendant. Furthermore, the results of the second study are the forms of sosial media that cause divorce based on the analysis of the six decisions, namely: first, establishing quite intense communication via telephone with one of the defendant's ex-lover. The two defendants had an affair on Facebook, the three defendants often cheated on Facebook with other women. The four defendants often called other women. The five defendants often communicated with other men on their cellphones. The six applicants found another cellphone number in the respondent's cellphone which contained repeated short messages.
The Relationship Between Religion and The State in Indonesia, and Its Relation to Islamic Law Ahmad Hamidi; Asasriwarni Asasriwarni; Ikhwan Matondang
NEGREI: Academic Journal of Law and Governance Vol 2, No 1 (2022)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v2i1.3783

Abstract

The relationship between religion and the state has become an actual and dynamic discourse in every phase of the development of civilization, both in the West and in the East. The debate revolves around the question of the form of the state, whether it is integral, symbiotic, or secular. Departing from this discourse, this study examined the existence of the relationship between religion (Islam) and the state in Indonesia. The approach used was Martin Heidegger's hermeneutics, while the study method used was a comparative method. The results of this study indicate that historically-normatively, the Prophet SAW had formulated the State of Medina based on the Medina Charter which spirit was based on the texts of the Qur'an, not an Islamic state based on the literal Qur'an. The scholars who became the founders of the Indonesian state had also formulated Pancasila as stated in the Preamble to the 1945 Constitution of the Republic of Indonesia as the ideal building for establishing relations between religion and the state in Indonesia, so that religion and the state could develop dialectically. The substance of religious norms was applied after promulgation and in accordance with Pancasila and the 1945 Constitution of the Republic of Indonesia. Therefore, the ideal relationship between religion and the State could be built based on a symbiotic or dynamic-dialectical typology.
KEWARISAN SAUDARA YANG AYAH MASIH HIDUP (Studi Penetapan Ahli Waris Pengadilan Agama Bukittinggi) Renda Adianda; Ikhwan Ikhwan
Jurnal AL-AHKAM Vol 13, No 1 (2022)
Publisher : UIN Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/alahkam.v13i1.4437

Abstract

Terdapat dua penetapan di Pengadilan Agama Bukittinggi tentang kewarisan saudara bersama ayah. Penetapan tersebut melahirkan dua buah putusan yang berbeda dan salah satunya bertentangan dengan hukum Islam. Tujuan penelitian ini untuk mengetahui pertimbangan hakim memasukkan saudara sebagai ahli waris ketika ayah masih hidup, dan mengetahui pertimbangan hakim tidak memasukkan saudara sebagai ahli waris ketika ayah masih hidup, serta mengetahui alasan berbedanya hakim dalam menetapkan dua putusan tersebut. Metode penelitian yang digunakan adalah metode kualitatif dengan jenis penelitian kepustakaan (library research). Hasil penelitian adalah; (1) pertimbangan hakim memasukan saudara sebagai ahli waris ketika ayah masih hidup adalah Pasal 173 dan Pasal 174 ayat 1 Kompilasi Hukum Islam (2) pertimbangan hakim tidak memasukan saudara sebagai ahli waris ketika ayah masih hidup adalah Pasal 173 dan pasal 174 ayat 1 dan 2 Kompilasi Hukum Islam dan Buku II Pedoman Pelaksanaan Tugas dan Administrasi Peradilan edisi revisi tahun 2013 halaman 163 (3) keputusan hakim yang menetapkan saudara sebagai ahli waris ketika ayah masih hidup bertentangan dengan pendapat jumhur ulama dan hukum Islam, sedangkan keputusan hakim tidak menetapkan saudara sebagai ahli waris karena ayah masih hidup sesuai dengan pendapat jumhur ulama dan hukum Islam, dan penulis sependapat dengan putusan hakim yang tidak menetapkan saudara sebagai ahli waris ketika ayah masih hidup.
The dialectic of fiqh understanding and the female Imam-Khatib tradition in Balingka, West Sumatra, Indonesia ikhwan ikhwan; Azhariah Fatia; Junizar Suratman; Muhammad Nabil Ramadhan; Alfaiz Alfaiz
Indonesian Journal of Islam and Muslim Societies Vol 12, No 2 (2022): Indonesian Journal of Islam and Muslim Societies
Publisher : IAIN Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijims.v12i2.313-339

Abstract

This study aimed to determine the relationship between the fiqh understanding and women’s religious role in the tradition of female priests and preachers (imam-khatib) in Balingka, West Sumatra, Indonesia. A qualitative approach was used with data obtained through interviews with informants, including female priests (imam), religious scholars, village guardians, community leaders, and women figures in Balingka. Furthermore, documentation and observation were also used to collect data. The results showed a relationship between the dynamics of  fiqh understanding and women’s religious role. A moderate fiqh understanding makes the practice of female imam-khatib persist, supporting its recognition, and acceptance. Conversely, radical fiqh thoughts make the tradition of female imam-khatib criticized and challenged. The shift in fiqh understanding brings this tradition to an end after lasting for almost a century in Balingka. The study of Islam socialized by the Salafis through television and internet media shifted the understanding of fiqh from a moderate to a radical style, bringing this tradition to an end. Consequently, women are marginalized from their religious roles and are subordinate to men’s roles.
Patterns for Settlement of Punah Inheritance Disputes In the Community of Nagari Salareh Aia from the Perspective of Islamic Law Elfia; Sandria Milka Ratna Sari; Ikhwan; Muchlis Bahar; Nurus Shalihin
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v17i2.6246

Abstract

This research aims to investigate the settlement pattern of inheritance disputes in Nagari Salareh Aia as well as the impact of this settlement pattern. This is a field study using customary law and Islamic law approaches. Data were obtained through interviews and document studies. To analyze data, the Creswell approach was used, which includes data reduction, data verification, and drawing conclusion. This research reveals three significant findings. First, the customary settlement pattern, for heirs who control punah inheritance, is done by selling it to other. If there are one or more heirs, the remaining sale of the assets is divided among the heirs after the Mamak's rights are excluded. Second, the settlement of punah inheritance disputes in Salareh Aia fosters close family ties. It also clarifies the heirs' position regarding inheritance and property status, whether it is a high inheritance or low inheritance. Third, based on the pattern of settlement and the resulting impact, it can be concluded that the mechanism for resolving disputes over the Punah inheritance in the Nagari Salareh Aia has fulfilled sharia principles, namely to maintain the property and the honor of the people.
The Resilience of Ungku Kali Practices as Marriage Guardian in Kurai Taji, Padang Pariaman Regency Maslahah Perspective Ali Ibrahim; Hamda Sulfinadia; Ikhwan Ikhwan; Jurna Petri Roszi
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2285

Abstract

This paper focuses on the resilience of Ungku Kali's practice as a marriage guardian or transfer of lineage guardian to Ungku Kali. The Ungku Kali referred to in this study, is someone appointed by both husband-and-wife candidates to carry out the marriage and acts as a marriage guardian. The research questions from this paper are, first, what is the position and practice of Ungku Kali as a marriage guardian in Kurai Taji, Padang Pariaman Regency? Second, why does Ungku Kali’s practice as a marriage guardian persist today? The primary data of this study came from interviews with thirteen informants, consisting of six couples getting married, three Ungku Kali people, and four local people. After collecting the data, they were classified according to the existing themes and analyzed with the resilience theory. The study results found that Ungku Kali's position in Kurai Taji is as a trustee in the religious field or a respected Nagari cleric in society. As for the Ungku Kali practice using the facilities of the Surau Korong Lubuk Ipuh as a place of practice assisted by Apak Labai as the marbot at the Surau Korong Lubuk Ipuh, all the requirements are conveyed by this Apak Labai. Second, the reason for the resilience of the Ungku Kali practice until now is due to the resilience of culture, the resilience of economic factors, the resilience of the need factor, and the resilience of social factors; both Ungku Kali service users and Ungku Kali itself.
Resolving Human Rights Violation Cases in Aceh, Indonesia Matondang, Ikhwan; Afrinal, Afrinal; Khalida, Azhariah; Fatia, Azhariah; Amin, Saifuddin
Al-Risalah Vol 24 No 1 (2024): June 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i1.1539

Abstract

This study aimed to examine the position and role of Ulama in resolving human rights violation cases by the Aceh Truth and Reconciliation Commission (TRC). It analyzed the ulama representations within the Aceh TRC commissioners, their role in reconciliation, and factors that influence the role of the ulama. Data were obtained through interviews and documentation and analyzed using the Miles and Huberman model. The results showed that the ulama’s role was dismissed in cases of human rights violations. TRC's commissioners did not represent Ulama or play a significant role in the reconciliation process. Their diminished role in conflict resolution relates to delegitimization in Aceh. It occurred due to the scarcity of qualified ulama to solve the conflict and friction or polarization among them. Other causes were the ulama’s lack of attention to human rights issues and the emergence of new actors that took over their conflict resolution roles. Ulama in Aceh could reaffirm its role in conflict resolution by restoring its legitimacy. They must improve their quality and formation based on day ah, strengthen their unity, avoid friction and polarization, and maintain neutrality. Ulama should also increase their involvement in conflict resolution and human rights issues.
Delaying the Burial of the Body of an Agam District Traditional Leader Gafnel; Busyro, Busyro; Ikhwan, Ikhwan
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): June 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i1.324

Abstract

This research discusses the phenomenon of delaying the burial of the customary leader of Agam Regency from the perspective of qiyas. This study uses a qualitative approach involving various data collection techniques, including interviews, participatory observation, and document analysis. Amid shifting values and changing religious practices in the community, the practice of funerals has become a sensitive issue that combines religious teachings and local traditions. A delay in the burial of a traditional leader may occur due to an important traditional ceremony or pending the arrival of family members from afar. Qiyas, as a method of analogy in Islamic law, becomes an instrument to formulate a conclusion in this case. The principle of qiyas allows postponement of burial if there is a greater benefit, such as maintaining the integrity of the family or strengthening the cultural identity of the local community. However, this must be done with due regard to basic religious principles, such as preserving the honor of the deceased and preventing any physical harm that may result from the delay. The study concludes that the postponement of the burial of the customary leader of Agam Regency from the perspective of qiyas can be justified in carefully regulated situations, considering the balance between religious demands, local traditions, and the social needs of the local community. The importance of dialogue between religious authorities and traditional leaders in addressing this issue cannot be overlooked, as it involves a deep understanding of intersecting religious and cultural values.
Appointment of Heirs as Funeral Prayer Leaders in the Bukittinggi Community: An Analysis of Designation from the Perspectives of Customary and Islamic Law Wardi, Utama; Ikhwan, Ikhwan; Busyro, Busyro
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.327

Abstract

This research delves deeper into the longstanding practice of appointing heirs as leaders of funeral prayers within the cultural tapestry of the Kurai community in Bukittinggi. It endeavors to unravel the socio-cultural fabric that deems heirs as appropriate custodians of this sacred ritual, exploring the historical evolution and societal roles entrenched in traditional funeral ceremonies. Methodologically, this research utilizes a qualitative approach through in-depth interviews with local community leaders to gain a direct understanding of the appointment of heirs as leaders of funeral prayers. This approach is enriched by scholarly discourse on highly relevant legal and religious issues, enhancing the analysis with theoretical perspectives and comparative viewpoints. By synthesizing these interdisciplinary approaches, the research aspires to unravel the intricate nuances and underscore the profound significance of heirs assuming the mantle of funeral prayer leadership in the Kurai community in Bukittinggi. The findings from this study are anticipated to yield nuanced insights into the intricate interplay between indigenous traditions and Islamic principles within the realm of religious practices in the Kurai community. This scholarly inquiry aims to foster novel perspectives and enrich ongoing dialogues on how local adaptations harmonize with and enrich Islamic values in everyday life. In contribution to existing literature, this research offers a deeper understanding of the socio-cultural dynamics that influence the appointment of heirs as funeral prayer leaders. It also provides a nuanced exploration of the legal and religious implications of this practice, thereby contributing to broader discussions on the adaptation of Islamic norms in local contexts.
Co-Authors . Zulfan Afrinal, Afrinal Ahmad Hamidi Ahmad, Muhammad Yunus Alfaiz Alfaiz Ali Ibrahim Amin, Saifuddin Anwar Daud Asasriwarni Asasriwarni Asasriwarni Asasriwarni Azhariah Fatia Azwar, Zainal Beny Binarto Budi Susilo Busra Azheri Busyro, Busyro Chikal, Chikal Delmira Syafrini Desembri, Desembri Desminar Desminar Elfia Fadilla Saputri Gafnel Gazali, Muhammad Munawir Hallen, Hallen Hamda Sulfinadia Ikhtiar, Rian Wahyul Insani, Silvi Sri Jaka Sandara Junizar Suratman Jurna Petri Roszi, Jurna Petri Khalida, Azhariah Martin Kustati Muchlis Bahar Muhammad Nabil Ramadhan Musparlin Halid Nailatul Husna Nelmawarni, Nelmawarni Nurus Shalihin Pebrianto, Roni Permana, Yan Reiza Perrodin, David D Putra, Rizal Pratama Adi Renda Adianda Rinal, Rinal Roni Pebrianto Sandria Milka Ratna Sari Sari, Anggita Mutia Sari, Putri Izzah Sazali, Marsya Fitri Tua Manik, Saut Maruli Ulfatmi, Ulfatmi Uswatun Hasanah Wardi, Utama Warnis, Warnis Yaswirman, Yaswirman Yunita Eliza Yuri, Cicia Oktri