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Al Ahkam
Published by Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
ISSN : 19781970     EISSN : 26563096     DOI : https://doi.org/10.37035/ajh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Al-Ahkam adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten 2 kali dalam setahun yaitu setiap bulan Juni dan Desember. Jurnal ini memiliki visi yang terdepan dalam menyebarluaskan hasil pemikiran di bidang hukum. Redaksi Al-Ahkam menerima naskah artikel berupa hasil penelitian, resensi buku, pemikiran hukum yang sesuai dengan sistematika penulisan kategori masing-masing artikel yang telah ditentukan oleh pihak redaksi. Fokus jurnal ini rumpun ilmu hukum, hukum Islam, politik hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 218 Documents
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Empowerment of Zakat, Infaq, Alms, and Waqf (Ziswaf) Mosques in Banjarmasin: from Historical Mosques to Sectoral Mosques Ishom, Muhammad; Fatmawati, Fatmawati; Miftah, Ahmad Harisul
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i2.9462

Abstract

This study aims to describe and analyze the empowerment of zakat, infaq, alms and waqf (ZISWAF) mosques in Banjarmasin. The research data is classified according to the categorization of mosques, where one with another has different functions and user communities (congregations) so that they are different in terms of income and management of Ziswa. The mosques that were the object of research were (a) Sultan Suriansyah Mosque; (b) Jami Sungai Jingah Mosque; and (c) Sabilal Muhtadin Grand Mosque. With a descriptive approach, in general, the collection of Ziswaf in each mosque is different in ways and strategies, but generally the empowerment of Ziswaf is stronger for the benefit of worship than economic empowerment and social piety.
Transformation of Classical Law to Contemporary in Islamic-Based Marriage Law to Respond to Legal Developments in Indonesia Jambunanda, Ahmad Jamaludin
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i2.9551

Abstract

Marriage law is a provision that applies in regulating the marriage system itself. This research was conducted as an effort to find out the transformation of marriage law from classical to contemporary. Laws are made to regulate and provide all understanding of society in accordance with applicable norms and sanctions. Law is important in order to uphold justice for all human beings. Marriage is an important part that needs to be regulated in marriage law. Therefore, the marriage law is made on the basis of and needs in addressing every condition that occurs in household life. However, each of these draft ideas or rules will be agreed upon by the Regional Representatives Council (DPR). The DPR has the right to amend and draft a new law. Likewise, marriage law needs to be transformed in order to produce a more developed design. Marriage law needs to be regulated both in state law and Islamic law, both of which have an important position so that the agreed draft does not favor one applicable law. In addition, classical legal drafts need to be updated in accordance with the progress of civilization
Implementasi Penegakan Hukum Lingkungan Hidup dalam Peraturan Pemerintah Nomor 26 Tahun 2023 Tentang Pengelolaan Hasil Sedimentasi di Laut Murofikoh, Dede Ika; Pamula, Fauzi Rahmat
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v4i2.9561

Abstract

Enforcement of environmental law is an act or process of coercion to comply with the law based on statutory regulations. One of the laws and regulations in which there are rules regarding environmental law enforcement is Government Regulation 26/2023 concerning the Management of Sedimentation Products at Sea. In enforcing environmental law, administrative sanctions alone are not enough, there must be civil and criminal sanctions, moreover, the damage and pollution done to the environment is quite severe and cannot be recovered. This study examines the lack of sanctions in the form of civil and criminal in Government Regulation 26/2023. Using normative research methods the authors find that in enforcing environmental law there must be civil sanctions, especially criminal ones, the use of criminal sanctions as a premium medium can be applied in enforcing environmental law if damage The damage caused is quite heavy and restoration of the damaged environment is difficult to do, especially sea sand which is a non-renewable natural resource discussed in Government Regulation 26/2023. Enforcement of environmental law is important to do for the continuity and welfare of human life and living things other.
The Development Of Web-Based Islamic Law E-Book Library Application in Sharia Faculty UIN Sultan Maulana Hasanuddin Banten Wahyudi, M. Iman; Wahyu Wibowo, Eko; Mustaghfiroh, Mustaghfiroh; Muliasih, Wanda Tsania
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i2.9564

Abstract

The purpose of this study is to develop a web-based e-book library application that can be accessed through a website application platform as a digital literacy activity service so that the literacy of the academic community of the Faculty of Sharia can be accommodated properly, which focuses on a collection of digital ebooks about Islamic law, so that it can mediate the excavation of knowledge about Islamic law anytime and anywhere without being hindered by space and time that focuses on  Collection of digital e-books on Islamic law. This research uses the Research Development method or also known as Research and Development (R&D), the results showed that there was an increase compared to the first validation there was an increase in the average value and criteria with a percentage value of 81%, the average score obtained was 4.05 with very good criteria compared to the initial validation which only got a percentage value of 78% of the average value obtained is 3.9
Age of Consent in Islam: Between Legal Principles, Controversies, and Social Adaptations Qomaro, Galuh Widitya
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i2.9590

Abstract

The Age of Consent is a key element in determining the legal and social aspects that regulate the minimum age at which individuals are legally allowed to engage in sexual activities. In some predominantly Muslim countries, there may not be a specifically defined age of consent for sexual activities outside of marriage; instead, the emphasis is on sexual relations within the context of marriage. Traditional factors and religious beliefs often play a significant role in shaping the legal framework governing intimate relationships. This research provides insights into the variations in the age of consent laws and their relationship with marriage in several Muslim-majority countries. The legal principles found in the Quran and Hadith provide a foundational framework that reflects the relevance of Islam for all people in various temporal and geographical contexts, with the principle of preventing harm as a primary basis. Protecting children and vulnerable individuals should always remain a top priority. The issues of age of consent and child marriage are ongoing and require careful consideration, with a focus on the well-being of children and the interests of individuals
THE CULTURE OF SHAME: BETWEEN THE CHALLENGES AND THREATS OF SOCIAL MEDIA IN THE ERA OF DIGITALIZATION (THE CONCEPT OF ISLAMIC FAMILY LAW) Asmita, Sri; Sarip, Muhammad
Al Ahkam Vol. 19 No. 2 (2023): Juli-Desember 2023
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v19i2.9629

Abstract

The era of digital transformation is an era of disruption that changes all aspects of human life, which is marked by the shift of human ideology to social conditions that occur in society. This is growing along with technological advances that are much favored by millennial people today, especially in social media. This paper is based on the argument that the shifting culture of shame in Indonesian society in social media, so that it becomes a challenge and threat for users. This study uses a library research approach by obtaining data sourced from online and offline, thus providing an objective picture of how the concept of shame in Islamic family law between the challenges and threats of social media in the era of digital transformation. The study in this study is qualitative descriptive, by obtaining evidence through Google engines such as YouTube, Instagram, Twitter, and other social media. This paper shows that social media in an unwise way causes a shift in understanding towards the use of technology, thus distorting the concept of shame in Islamic family law. The number of widows and widowers indulges in shame during marriage on social media, as well as between mother and child, so that there is no more privacy in every daily activity, this is a big challenge for Islamic family law in placing the concept of shame to anticipate disharmony in the household.
Analysis of Sharia Business Unit Spin-Off Regulations and Islamic Law Lubis, Rahmat Husein; Hulwanullah, Hikam
Al Ahkam Vol. 20 No. 1 (2024): Januari-Juni 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i1.9802

Abstract

Regulations regarding the development of Sharia Business Units (UUS) often experience changes, for example in Law Number 21 of 2008 concerning Sharia Banking in Article 68 paragraph 1. This advice aims to provide clear and specific legal references. Then, the latest regulation regarding UUS issued by the OJK. The Sharia Financial Services Authority (OJK) has issued a regulation regarding the spin-off of Sharia Business Units from Conventional Commercial Banks (BUK). This study aims to analyze OJK regulations regarding Sharia Business Units that have undergone spin-offs from the perspective of the legal system according to Lawrence M. Friedman, focusing on structural, substance, and cultural aspects, as well as the perspective of Islamic law regarding sharia compliance and ethical considerations. The method used is qualitative descriptive, with a sociological juridical approach that evaluates regulations based on legal principles and ethical considerations. Data was collected by means of documentation from Indonesian laws related to spin-offs, including Law Number 21 of 2008 concerning Sharia Banking. This regulation has a positive impact on the development of Sharia Business Units during the spin-off by increasing budget transparency, integrity, and operational efficiency leading to sustainable growth and compliance with Islamic principles.
Pemenuhan Hak Politik Penyandang Disabilitas di Kabupaten Serang Rohmawati, Cucum; Sumirat, Iin Ratna; Nakdan, Miftahu Jami; Ajis, Mohd Na'eim
Al Ahkam Vol. 20 No. 1 (2024): Januari-Juni 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i1.9831

Abstract

Citizens have rights that must be respected during general elections. Among these rights is the recognition of women's political rights, which is a means of ensuring that people with disabilities have the same opportunities as voters, candidates for the House of Representatives, Regional Representative Board, President or Vice President, Provincial Legislatives Council, etc. provided they meet the requirements outlined in Law No. 7 of 2017. The lack of participation of people with disabilities in politics in Serang Regency hinders women with impairments from exercising their political rights. This article aims to describe the progress in fulfilling the political rights of individuals with disabilities in Serang Regency. The article's subject was selected using a purposeful method during the writing process. The research findings indicate that individuals with disabilities in Serang Regency still face significant barriers in exercising their political rights. The reason for this is that people are unaware of their political rights, which include those of people with disabilities. As a result, there is a common misconception that individuals with disabilities, especially women, are deemed unfit to run for public office or serve as legislative candidates due to perceived physical limitations that hinder their ability to fulfill their responsibilities effectively.
Authority of Bawaslu to Handle Violations of Administrative Law in Fiqh Siyasah Mustakim, Mustakim; Cholidi, Cholidi; Bukhori, KA; Sadi Is, Muhamad; Mohamad, Abdul Basir Bin
Al Ahkam Vol. 20 No. 1 (2024): Januari-Juni 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i1.9832

Abstract

General Elections a process where individuals carefully choose representatives or candidates who are considered good and appropriate to their preferences. General elections are an important tool in realizing people's sovereignty, which produces people's representatives who represent the aspirations of the people, have quality, and are responsible. The research focused on three main questions: 1. What is Bawaslu's authority in resolving violations of General Election administration law? 2. What factors hinder Bawaslu's authority in addressing violations of General Election administration law? 3. What sanctions apply for violations of General Election administration law?. Library study method was used. Meanwhile, the research results explained that Bawaslu had the authority to resolve violations of general election administration law, including monitoring, handling complaints, investigating, providing recommendations, hearings, campaign assistance, and issuing guidelines. Inhibiting factors for Bawaslu in addressing violations of election administration law in Indonesia include limited resources, legal complexities, authority limitations, non-compliance by parties, political interference, restricted information access, diverse legal cultures, lack of awareness, political party involvement, and time constraints. Meanwhile, the administrative sanctions that Bawaslu could impose on violators of election administration law included cutting campaign budgets, terminating candidacy, as well as recommendations to the General Election Commission.
Restorative Justice for Perpetrators of Theft Crimes Caused by Poverty Saputra, David Nugraha; Atu Karomah; Putri, Febi Eka
Al Ahkam Vol. 20 No. 1 (2024): Januari-Juni 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i1.10115

Abstract

This research aimed to explore how the concept of Restorative Justice is applied in resolving criminal acts of theft caused by poverty. Due to the many weaknesses and problems that arise as a result of positive repressive law enforcement, it is deemed necessary to resolve minor criminal cases through non-penal measures by fulfilling the principles of Restorative Justice to safeguard people's lives and to fulfill a sense of justice, rather than carrying out and resolving criminal cases. through the courts, especially for perpetrators of criminal acts of theft caused by poverty. The research method used is Normative Juridical. The research employed a Normative Juridical approach to analyze the concept of Restorative Justice in addressing theft crimes related to poverty. From the research results, it was found that criminal acts of theft which are usually committed because of poverty can be carried out with Restorative Justice efforts considering that the criminal threat under Article 362 of the Criminal Code is no more. from five years because this is one of the requirements according to Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice and Republic of Indonesia Regulation Number 6 of 2019 concerning Criminal Investigation.

Page 21 of 22 | Total Record : 218

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