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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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Prevention of Registration of Interfaith Marriages Through Sema Number 2 of 2023 Fahmi, Irfan; Windiantina, Wiwin W.
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.v20i1.11035

Abstract

Interfaith marriage in Indonesia is still controversial even though Law No. 1/1974 on Marriage explicitly states that marriage must be carried out by the laws of each religion and belief. In practice, cases of interfaith marriage still often occur in the community. Meanwhile, human rights and pluralism activists argue that everyone has the right to form a family, including through interfaith marriage, so the state should not prohibit it. This controversy was reignited when several District Courts granted applications to register interfaith marriages in 2022-2023. In response, the Supreme Court (MA) issued Supreme Court Circular Letter (SEMA) Number 2 of 2023 which essentially prohibits courts throughout Indonesia from granting registration of interfaith marriages. This policy has been appreciated by conservative religious circles, but regretted by human rights activists. They believe that the SEMA has the potential to violate the freedom of religion and family guaranteed by the Constitution. This study aims to analyze SEMA No.2/2023 in managing requests for registration of interfaith marriages The study aims to offer insights into the Supreme Court's policy and the challenges encountered by courts, providing constructive suggestions for future interfaith marriage policies.
The Impact of Indonesia Netizens on Justice and Law Enforcement: Maslahah Mursalah Perspective Yasir, Alan Maulana; Muhlis, An'nas; Karimuddin, Karimuddin
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.v20i1.11036

Abstract

Law has the aim of creating order and regularity which includes elements of law enforcement, and society. While harmonization is expected to proceed smoothly, the actual situation differs. People as justice seekers who have no authority and power, they can only rely on social media to get the attention of the government and the wider community to uphold justice from irregularities that occur in the realm of public law and courts. The research methodology involves using qualitative methods with an empirical approach. The results of the study will reveal from some public realities negative hashtags for law enforcement and courts that are deliberately viralized by the public to get justice. Public efforts using social media are very effective and able to change normative matters that are slow and not transparent, so that they become fast and build criticism for law enforcement for irregularities that occur in public spaces. It can even help and reveal some facts that occur and are experienced by the community in order to avoid abuse of authority over conflicts of interest in the legal realm in order to create just legal goals. The hashtag no viral no justice has emerged as a public response to legal irregularities. It is evaluated based on national law and the principles of Islamic law, playing a crucial role in assessing the boundaries of legal norms in Indonesia.
Adoption of Children and Its Limits in Interacting with Adoptive Parents Hakim, Abdul
Al Ahkam Vol. 20 No. 2 (2024): Juli-Desember 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i2.10824

Abstract

Child adoption is governed by both Islamic jurisprudence (fiqh) and positive law, but these regulations are often overlooked by many adopting parties, leading to violations of both religious and legal principles. The objective of this article is to analyze the adoptive parent-child relationship in a family from a fiqh perspective and evaluate the implications of this relationship on their daily interactions.The research conducted in this article employs a qualitative literature review method with a descriptive and comparative approach. Data sources include classical fiqh texts, current legal statutes, and recent scholarly articles. Fundamentally, fiqh and positive law both prohibit attributing lineage from adopted children to their adoptive parents. As a result, these prohibitions create boundaries that affect the interactions between adoptive parents and adopted children in their daily lives. Unfortunately, the disregard for these boundaries often leads both parties to engage in actions that go against fiqh and positive law.
Praktik Gala Umong dan Dampaknya Terhadap Perekonomian Masyarakat Perspektif Hukum Ekonomi Syariah Makraja, Fahmi; Putri, Raihan
Al Ahkam Vol. 20 No. 2 (2024): Juli-Desember 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i2.10930

Abstract

The practice of gala umong carried out in the community is an alternative option in solving the economic problems they face. The fundamental reason for implementing gala umong among the community is because the process of carrying out the contract is very short and does not require a long time. Gala umong, which means pawning rice fields, is a practice often heard in Acehnese society. Gala umong is almost practiced throughout the entire Aceh region, including Gampong Pusu Ingin Jaya, Manggeng District, Southwest Aceh Regency. The practice of gala umong is carried out as an alternative in order to solve the economic problems they face. Gala gatherings are held between neighbors or close relatives. This research explores the practice of gala umong in the community using a descriptive qualitative approach. The results of this research show that the gala umong held in Pusu Ingin Jaya Village had a significant impact on improving the community's economic sector. The positive impact is that rice field owners can earn money in the near future to finance their daily needs, start a business, and pay for educational costs. The negative impact felt by rahin and murtahin is increasing social inequality and reducing farmers' livelihoods due to their rice fields being used as collate The negative impact felt by rahin and murtahin is the increasing social inequality and the reduction of farmers' livelihoods due to their rice fields being used as collateral. When viewed from a sharia economic perspective, the implementation of the gala umong that occurred in Pusu Ingin Jaya Village was not in accordance with the binding elements in it. There are some pledge requirements that have not been fulfilled, namely there is no written evidence and no witnesses.
The Maccera Manurung Tradition in the Labuku Village Community: A Perspective of Maslahah Hidayat, Rian; Mustafa, Zulhas'ari; Ahmad, La Ode Ismail
Al Ahkam Vol. 20 No. 2 (2024): Juli-Desember 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i2.11072

Abstract

This study examines how the Maccera Manurung tradition in Labuku Village combines cultural practices with Islamic principles, focusing on its values. The primary goal of this study is to uncover and analyze the spiritual, social, and cultural values, specifically examining the impact on social cohesion and community structure. This study uses field research with descriptive qualitative models, considering normative, historical, phenomenological, and sociological perspectives. The findings reveal that Maccera Manurung functions as a mechanism to achieve social and spiritual well-being for the community by integrating Islamic values with local culture. This tradition maintains a balance between worldly and spiritual needs through rituals such as animal sacrifices following Islamic guidelines, visiting graves, and engaging in prayers. The people of Labuku preserve their cultural identity by participating in annual rituals, maintaining traditional customs, and upholding ancestral practices, which strengthen social solidarity and reinforce spiritual and moral values. Maccera Manurung emphasizes simplicity, self-control, and responsibility, serving as a means to draw closer to Allah and enhance the spiritual character of the community
Village Government Towards the Developing Village Index (Study in Banten Province) Fartini, Ade; Nugraha, David; Sudira, Ahamad
Al Ahkam Vol. 20 No. 2 (2024): Juli-Desember 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i2.11142

Abstract

Village government policies based on Village Law Number 6 of 2014 and the idea behind the developing village index (IDM) program are further explained in the Village Minister Regulation (Permendes) No. 2 of 2016 which focuses on village development patterns and maps In Article 3, it is stated that the concept of IDM is derived from several categories, including the economic resilience index (IKE), which measures economic strength, the environmental resilience index (IKL) for assessing environmental sustainability, and the social resilience index (IKS) to evaluate community well-being. The central government's policy with village funds through the State Budget is an effort to realize village development through the economy, welfare and village independence. Both the village government and community participation are crucial in enhancing the value of the Developing Village Index.The research method uses a qualitative method with descriptive interpretation which aims to obtain an overview to examine and explain the potential of village funds for village development and explain the value of the Developing Village Index as well as the recommendations produced to encourage Cimangeuteung Village, Tegalongok Village and Bumijaya Village in Banten Province to increase their development from a developing village to a developed village. Transparency of village government policies, strong governance of village bureaucratic administration, and active participation of village communities are crucial for village development.In order to achieve a good and advanced village government
The Analysis of Buying and Selling Promo Products in Islamic Law Perspective Wahyudi, M. Iman; Miftah, Ahmad Harisul; Saidu, Sabo Jamilu; Mustagfiroh, Mustagfiroh
Al Ahkam Vol. 20 No. 2 (2024): Juli-Desember 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i2.11314

Abstract

Buying and selling is a fundamental daily activity with a long history for humans. It is a social interaction that highlights the necessity for mutual assistance. Islamic law regulates this process to address concerns such as doubts about quality due to prices below market value. This study examines the Islamic perspective on such practices. The research adopts a qualitative approach, focusing on literature review and sourcing information from various sources such as Books, E-books, E-journals, Thesis, Al-Qur'an, and Hadiths. The study findings highlight the application of sharia principles in marketing and product promotion strategies within the context of Islamic law. The Islamic law governing the purchase and sale of promotional products entails the application of sharia principles in these transactions.
The Role of Halal Certification Bodies in Ensuring Consumer Confidence: A Multi-Site Study in Indonesia Janah, Nadhivah Nur; Yazid, Muhammad
Al Ahkam Vol. 20 No. 2 (2024): Juli-Desember 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i2.11374

Abstract

This study examines how halal certification bodies in Indonesia contribute to consumer confidence using a multi-site qualitative approach This research focuses on exploring the perspectives of Muslim consumers, halal product manufacturers, and halal certification bodies in Jakarta, Surabaya, and Makassar, specifically the Indonesian Ulema Council (MUI) and the Halal Product Assurance Agency (BPJPH). Data was collected through in-depth interviews, focus group discussions, and observations. Findings highlight the crucial role of halal certification bodies in building consumer trust by verifying product compliance with Islamic law and ensuring transparency in the halal certification process.  Factors influencing the effectiveness of these bodies include their credibility, the clarity of halal standards, and the accessibility of information regarding halal certification.  The study also reveals varying consumer perceptions across the three cities, influenced by local socio-cultural contexts and access to information. The study also shows that consumer perceptions in the three cities differ based on local socio-cultural contexts and information availability. This research provides valuable insights for halal certification bodies to improve their effectiveness in ensuring consumer confidence and fostering the growth of the halal industry in Indonesia.

Page 22 of 22 | Total Record : 218

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