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All Journal MADDIKA: Journal Of Islamic Family Law Al-Ahnaf: Journal of Islamic Education, Learning and Religious Studies
Ahmad In'am Awaluddin
UIN Sunan Kalijaga Yogyakarta
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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AL-HUKM DAN AL-HAKIM: PRINSIP UTAMA DALAM SYARIAT ISLAM : Pengertian Hukum (al-hukm), Pembagian Hukum (al-hukm), Pengertian Pembuat Hukum (al-hakim) Ahmad In'am Awaluddin
Al-Ahnaf: Journal of Islamic Education, Learning and Religious Studies Vol. 2 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/ahnaf.v2i2.10

Abstract

This study discusses al-hukm and al-hakim as the main principles in Islamic law. Law is a text or texts contained in the Qur'an and Hadith that regulate the guidelines for human life, which are texts or decrees originating from Allah SWT and His Messenger relating to the deeds of mukallaf, whether in the form of commands, prohibitions, or recommendations to do or refrain from doing something. Law or al-hukm is divided into two types, namely, first, taklifi law, which is the word of Allah SWT (the book of Allah) relating to all the deeds of mukallaf, both in terms of iqtidha' and takhyir. Second, wadh'i law is a command from Allah in the form of provisions established by Allah, which do not directly regulate the actions of mukallaf, but are also related to the actions of mukallaf. Then, in addition to that, there is also al-hakim or judge, which in fiqh terminology is also used for people who have decided on the law in court. Meanwhile, in the study of usul fiqh, the judge is the determiner and also the maker of sharia law in its true sense. Ulema usul fiqh agree that the real judge who is the true maker of sharia law is Allah SWT. Keywords: Law, Judge, Islamic Sharia.
THE PHENOMENON OF EARLY MARRIAGE AND MARRIAGE POSTPONEMENT IN INDONESIA FROM THE PERSPECTIVE OF MASLAHAH MURSALAH Ahmad In'am Awaluddin
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 1 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i1.6624

Abstract

This study examines the phenomena of early marriage and delayed marriage in Indonesian society with the aim of identifying the underlying factors and their impacts from the perspective of maslahah mursalah. This study uses a qualitative method with empirical field research. The research subjects consisted of five informants, namely three individuals who married young and two who delayed marriage, while the research objects included the concepts of early marriage and delayed marriage, the driving factors, and the social implications. The results show that the decision to marry young is influenced by economic factors, personal desire, and parental pressure, while the postponement of marriage is influenced by a focus on education and career, not yet finding a suitable partner, and not yet achieving financial stability. This change in marriage patterns is not only an individual choice, but also has an impact on family structure and social construction in society. Early marriage and delayed marriage can be understood as adaptive responses to contemporary social complexities that reflect efforts to achieve maslahah through spiritual considerations, self-development, and readiness to build a quality family life
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