cover
Contact Name
Firdaus Annas
Contact Email
firdaus@uinbukittinggi.ac.id
Phone
+6285274444040
Journal Mail Official
humanisma.uinbukittinggi@gmail.com
Editorial Address
Data Center Building - Kampus II Institut Agama Islam Negeri (IAIN) Bukittinggi. Jln Gurun Aua Kubang Putih Kecamatan Banuhampu Kabupaten Agam Sumatera Barat Telp. 0752 33136 Fax 0752 22871
Location
Kab. agam,
Sumatera barat
INDONESIA
Al Hurriyah : Jurnal Hukum Islam
ISSN : 25493809     EISSN : 25494198     DOI : https://dx.doi.org/10.30983/alhurriyah
Al Hurriyah: Jurnal Hukum Islam is a journal which publishes the research results related to the Islamic law from various disciplines or interdisciplinary such as Sharia Economy Law or Islamic Economy Law/Muamalah, Islamic Constitutional Law/Siyasah, Islamic Family law/Ahwal Al-Shakhsiyah, Islamic Criminal Law/Jinayah, Islamic Law Methodology or Methodology of Islamic Law/Maqashid Sharia, and Sociology of Islamic Law. The editorial team invites the researchers, scholars, and Islamic studies and social observers to submit the research result article which has never been published in the media or other journals. Al Hurriyah is published twice a year, in June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 418 Documents
Nikah Bacindua in The Perspective of Mashlahah Mursalah in South Batipuh District, Tanah Datar Regency, West Sumatra Hamdani, Hamdani; Yanto, Fendri; Afiza, Fadiah Nur
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8201

Abstract

The principal goal of marriage is to build a sakinah family, as described in the Al-Qur'an Surah Ar-Rum (30:21). However, this noble goal cannot be realized as it should be since the increase in divorce cases. Paradoxically, there is remorse among divorced couples due to the demand for children and other psychosocial factors. This study looks at the practice of tahlil marriage, or what is known as bacindua. This study is field research. The perpetrators of the tahlil marriage, niniak mamak, religious scholars, and community leaders were the primary informants of the research. The research findings showed that tahlil marriage occurs when the husband has already divorced his wife with three kinds of pronouncements of divorce, either three at once or three sequentially. Some people understood that the third talaq, which is declared simultaneously, means triple talaq. This condition triggers the practice of tahlil marriage, in which the wife is told to marry the man her husband is looking for and marry at any time with the help of a person who is considered a religious figure (Angku). It was also found that bacindua has benefits (mashlahah), which are to protect the offspring produced from marriage to the first husband and for the benefit of the children's future. Nevertheless, the practice of tahlil marriage is contrary to the text of the Qur’anic verses and the hadith. Thus, in terms of the benefits, the practice of this type of marriage is categorised as maslahah mulghah.
Confiscated Asset Management According to The Islamic Perspective Salleh, Ahmad Dahlan
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8465

Abstract

This study explores the practice of calculating weton, which has become deeply rooted in the culture of the Javanese community in the Wajak District of Malang Regency, namely, calculating weton to determine wedding dates. The research, employing qualitative methods, aims to investigate or construct claims or explanations behind the facts. Data collection techniques involve observation, interviews, and documentary studies, while data analysis employs deductive methods. The findings reveal that weton consists of a series of seven days in a week: Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday, and five hari pasaran (market days) for Java, namely Legi, Pahing, Pon, Wage, and Kliwon. When calculating weton, Javanese people generally use three calendars that have existed for a long time: the Saka calendar, the Sultan Agung calendar, and the Pranata Mangsa. Weton is classified as al-‘urf al-fasid (a bad habit or tradition) when seen as a talisman and a way to avoid misfortune. In Islam, belief in misfortune is called tathayyur.  
Discrimination in the Registration of Marriages of Different Religions: Regulation and Practice in Southeast Asia Wensislaus Parut; M. Ridha Rahmat Putra; Ferdi Yufriadi; Valensius Ngardi; Meisya Anggraini Rizki
Alhurriyah Vol 9 No 1 (2024): June 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v9i1.8544

Abstract

This research focuses on discrimination against religious minorities in Indonesia, Malaysia and Brunei Darussalam, three countries with strong religious traditions and legal systems. As a result of this diversity, different religious backgrounds often raise significant legal and social issues when they want to register their marriages, resulting in unpredictable events and difficulties when settling serious matters. This research utilises a qualitative methodology to examine legal texts, court judgements, court decisions, and data from case studies and interviews, which illustrate the complex interaction between religious and sectarian law. Through a comparative analysis of laws in Indonesia, Malaysia and Brunei Darussalam, this study explains how religious and sectarian norms in the legal system impact discriminatory practices. The research findings of legal and administrative challenges faced by interfaith couples, such as denial of marriage registration and the risk of social stigma, suggest a broader tension between religious authorities and state governance. With comprehensive legal reforms that not only address religious issues but also protect the rights of all individuals, and provide valuable insights and recommendations that can be implemented globally by those responsible for the practice of law, particularly in Indonesia, Malaysia and Brunei Darussalam
Islamic Law in the Digital Era: Artificial Intelligence as A Revolutionary Legal Tool in The 21st Century Edo Rahman, Muhammad; Syahriani, Fadilla; Jampa, Wilibaldus
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8545

Abstract

artificial intelligence (AI) as a transformative force in various sectors, including the legal domain. This research uses a qualitative approach to explore the intersection between Islamic law and AI, and how AI serves as a revolutionary tool that reshapes the practice and interpretation of Sharia in the digital age. Through qualitative methods such as in-depth interviews with Islamic legal experts, content analysis of legal literature, as well as case studies of AI applications in the context of Islamic law, this research explores how AI can improve legal reasoning, streamline judicial processes, and ensure more accurate and consistent legal outcomes in Islamic jurisprudence. The research offers a comprehensive analysis of the opportunities and challenges presented by AI in the context of Islamic legal practice, and proposes a balanced approach in utilising the technology while upholding the integrity of Sharia. The findings contribute to a deeper understanding of the role of AI in the modernisation of Islamic law, paving the way towards a future where technology and tradition can coexist harmoniously.
The Influence of Modernization on the Phenomenon of Sirri Marriage Among Libyan Students from the Perspective of Islamic Family Law Alfarisi, Salman; Arwani, M. Khairul
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8549

Abstract

This study explores the impact of modernization on the practice of Sirri marriage among Libyan students, analyzed through the lens of Islamic Family Law. Sirri marriage, an unofficial and unregistered form of marriage, has seen a notable increase among young Libyans, particularly students. The research delves into the underlying reasons for this trend, examining how modernization characterized by rapid social, cultural, and economic changes has influenced students' attitudes and choices regarding marriage. By employing qualitative methods, including interviews and surveys, the study captures personal narratives and broader social patterns. It reveals a complex interplay between traditional values and modern aspirations, highlighting how students navigate their religious obligations and contemporary societal pressures. The findings indicate that modernization has both challenged and reshaped traditional marriage practices, leading to a rise in Sirri marriages as a pragmatic solution to financial constraints and social expectations. Additionally, the study discusses the legal and ethical implications of Sirri marriage within the framework of Islamic Family Law, considering the perspectives of scholars and practitioners. This research contribution offers a valuable insight into the evolving marriage landscape in Libya, providing a nuanced understanding of how modernisation affects young people's decisions and the wider implications for Islamic family law.
Catha Edulis Consumption and its Effects on Economic and Social Well-Being in Yemen Abdulsiddik, Yusep; Afifah, Sarah
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8581

Abstract

This qualitative study investigates the impact of Catha edulis (qat) consumption on the economic and social well-being in Yemen, employing the Maqashid Syari'ah framework and a review of relevant literature. Based on secondary data from prior research and sources on Maqashid Syari'ah, the study reveals that qat consumption has significant negative effects on Yemeni society. Socially, it leads to diminished productivity, higher unemployment, and strained family relationships. Economically, the expense of qat diverts resources from essential needs, worsening poverty. Additionally, excessive qat use is linked to health issues, such as oral diseases and psychological problems, which further deteriorate societal well-being. The analysis, viewed through the Maqashid Syari'ah perspective which aims to protect and promote the well-being of individuals and society highlights a misalignment between qat’s socio-cultural benefits and Shariah objectives of safeguarding health, wealth, and family integrity. The study concludes with recommendations for policy and community strategies to address the adverse impacts of qat and foster a more comprehensive approach to improving well-being in Yemen
Tradition Mulao Cucu Ayae After Marriage Contract in Sungai Liuk Village: Urf and Interactionism Approach Mayang Sari, Marsika; Zufriani, Zufriani; Iskandar, Nuzul
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8613

Abstract

The Mulao Cucu Ayae Tradition is a significant ceremony in Sungai Liuk Village, Kerinci, performed after the marriage contract. This study explores the symbolic meaning of the tradition and its role in fostering social and religious values. Using a qualitative descriptive approach, data were gathered through interviews and observations with local traditional leaders. The findings reveal that Mulao Cucu Ayae serves as both a religious ritual and a moral guide, instilling discipline and cleanliness in the prospective couple's household. Key symbols, such as "banana dandan kelapa," play a role in enhancing personal growth and community identity. Additionally, the tradition strengthens cultural ties and interpersonal relationships within the local community. This research underscores the importance of preserving such ceremonies and contributes to a broader understanding of Indonesia's rich and diverse religious traditions.
The Qaul Qadim and Qaul Jadid: A Sociological Review of The Evolution of Islamic Law Rahmi, Yulia Rahmi; Rozi, Syafwan; Helfi, Helfi
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8637

Abstract

Through an examination of the evolution of Imam Shafi'i's philosophy, this paper investigates the sociological distinctions between Qaul Qadim and Qaul Jadid in Islamic legal theory. Although Qaul Jadid is a modification of his views after he went to Egypt, Qaul Qadim refers to the legal opinions he presented while in Iraq. The purpose of this study is to identify the social, political, and cultural factors that shaped the change in Qaul Qadim to Qaul Jadid philosophy. This study analyzes the text and applies a historical approach as a qualitative technique. The findings indicated that in addition to regional variations, certain social and cultural shifts in Egypt necessitated amendments to the legislation to make it more relevant to the local population. The adaptability and flexibility of Islamic law in reaction to societal circumstances are highlighted by this research. It strengthens the debate on the evolution and dynamics of Islamic legal thinking and confirms the need for contextualization in the implementation of shari'ah law. Therefore, the knowledge of how Islamic law evolves and remains applicable in different social situations is greatly advanced by this study. Furthermore, a deep grasp of Qaul Jadid and Qaul Qadim supports Islamic law practices in addressing the issues of the modern world. It facilitates their guaranteeing the validity and relevance of sharia law in the many modern situations.
The Role of Central Kalimantan Indonesian Ulama Council (MUI) in Encouraging Muslim Participation in Regional Elections: Perspective of Fatwa on Prohibition of Abstention Ahmidi, Ahmidi; A.S. Pelu, Ibnu Elmi; Noor Ihsan, Reza
Alhurriyah Vol 9 No 2 (2024): December 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v9i2.8672

Abstract

This study examines and proposes several roles that Central Kalimantan Indonesian Ulama Council [Henceforth (MUI)] can play in encouraging Muslim participation in regional elections [Henceforth (Pilkada or Pemilukada)] through the perspective of fatwa on prohibition of abstention [Henceforth (golput)]. As a religious institution, MUI holds a strategic role in guiding Muslims on political issues, particularly regarding Pemilukada. In a democratic system, participation is crucial for electing leaders who can ensure people’s welfare and fulfill their responsibilities. The fatwa on the prohibition of golput, issued by MUI, serves as a normative foundation for Muslims to exercise their voting rights in Pilkada. This study utilized normative juridical by reviewing various secondary sources and literature relevant to the topic. The findings reveal that Central Kalimantan MUI can promote political awareness among Muslims in the region, with MUI actively participating in public outreach and campaigns about the importance of political participation. Furthermore, collaboration with local institutions such as the Indonesian Da’wah Institution, religious counselors, and media platforms is key in promoting Muslim voter participation through the fatwa on the prohibition of golput. This study also found that the fatwa has been highly effective in raising awareness among Muslims about the significance of their political involvement in regional elections.
Gender Discourse in Islamic Family Law Between Text and Context Dewi, Erna; Nur, Syamsiyah; Hasibuan, Badai; Ichsan, Muhammad
Alhurriyah Vol 10 No 1 (2025): June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i1.8815

Abstract

Islam does not differentiate between men and women, skin color, or any other natural differences. In practice within society, women bear dual responsibilities such as cooking, washing, raising children, taking care of their husbands, and providing sexual services. In addition to earning a living and doing household chores, women also participate in activities. Women are viewed negatively if they neglect household responsibilities. Author's finding: that men only have one responsibility to earn a living, which certainly does not compare to women who do many things. This research uses literature study and qualitative field study. The findings and discussions include a review of qualitative research methods, literature studies, and field studies as a whole, or a combination of both. Furthermore, the data is analyzed using critical analysis techniques. The novelty in this research is "the ideal family relationship structure and gender equality through the cooperation of men and women." In families, gender partnership encompasses aspects such as the division of roles and tasks, transparency, accountability, and good governance. By following Islamic discourse, gender partnership can establish fair and equal gender relationship patterns in family life. This will prevent injustice or harm in the form of an inability to perform family duties.