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Al Hurriyah : Jurnal Hukum Islam
Published by Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
ISSN : 25493809     EISSN : 25494198     DOI : https://dx.doi.org/10.30983/alhurriyah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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 425 Documents
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The System of Proving Zina in Aceh Qanun from the Perspective of Maqashid Sharia Muhammad Aulia Ramdan Daenuri; Dzulkifli Hadi Imawan
Alhurriyah Vol 10 No 2 (2025): December 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.v10i2.9615

Abstract

The provisions on proving zina in the Aceh Qanun have drawn pros and cons in society, particularly regarding the confession of adultery as stated in the MS Idi decisions Number 3/JN/2021/MS.Idi and Number 4/JN/2021/MS.Idi. According to the Aceh Qanun, a defendant's confession in proving adultery applies only to the defendant and cannot implicate their partner. The purpose of this study is to compare the system of proving adultery in the Aceh Qanun with the provisions of Islamic jurisprudence, and to analyze and evaluate these provisions from the perspective of maqashid sharia. This research is a normative legal research, referring to legal norms contained in legislation, judges' decisions, and doctrines obtained through literature. The findings indicate that the system of proving adultery in the Aceh Qanun is consistent with maqashid sharia, particularly in protecting honor (hifdz al-‘ird) and lineage (hifdz al-nasl). Adultery is considered a serious offense that can severely damage an individual’s social standing. Therefore, strict evidentiary standards are essential to prevent false accusations and social harm. If the requirements for proving adultery were loosened, it would increase the risk of abuse and defamation. Accordingly, the Aceh Qanun provision that imposes hadd qadzaf—eighty lashes—on those who accuse others of adultery without presenting four witnesses is justified and necessary. The author hopes that this research can contribute academically in the development of Islamic law and its application in Indonesia, especially in the maqashidi approach to the system of proving adultery in the Aceh Qanun.
The Practice of Equal Inheritance Distribution in Karangbanyu Village, Ngawi Setiawan Bin Lahuri; Fina Nurafni; Alfan Jawahir Muhammad
Alhurriyah Vol 10 No 2 (2025): December 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.v10i02.9984

Abstract

This study explores the practice of inheritance distribution between men and women, where the majority of the community applies an equal 1:1 division rather than the 2:1 ratio prescribed in Islamic inheritance law. While the Qur’an establishes the 2:1 distribution as just and beneficial (maṣlaḥah), reflecting the distinct rights and responsibilities of men and women, the community interprets justice as equal shares. Factors influencing this practice include customary traditions, parental instructions, the desire to avoid family disputes, the longer caregiving role often carried out by daughters, and the perception that all children deserve equal rights. This research uses a qualitative juridical-sociological approach, drawing data from interviews, documentation, and supporting literature. The findings indicate that the 1:1 practice is viewed locally as fair and beneficial because it prevents conflict, maintains family harmony, and ensures individual ownership of assets. However, from the perspective of Islamic law, true maṣlaḥah lies in the 2:1 provision, which balances men’s financial duties with women’s honored but non-financial roles. The study highlights the tension between local customs and Islamic legal principles, suggesting the need for broader awareness and dialogue to align community practices with the objectives of the Sharī‘ah
Distribution of Inherited Property Without the Application of Islamic Inheritance Law in Temanggung Regency Mahzum Mahzum
Alhurriyah Vol 10 No 2 (2025): December 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.v10i2.9985

Abstract

This research examines the paradox of inheritance division without applying fikih mawaris in Temanggung Regency. The purpose of this study is to analyze how the practice of inheritance division that occurs in the Temanggung community runs without referring to the principles of fikih mawaris, as well as to explore the causes, impacts, and implications of this discrepancy on the applicable inheritance legal system. This research uses a qualitative approach with a case study method involving in-depth interviews with heirs, religious leaders, legal practitioners and the local community. The results show that although most Temanggung people have basic knowledge of Islamic inheritance law, the division of inheritance carried out often does not follow the provisions of fikih mawaris. This is due to the lack of understanding of fikih mawaris, the dominant influence of local customs, and the discrepancy between inheritance law practices and state legal regulations, especially in terms of the division of inheritance between children and wives. The implications of this mismatch create injustice in the distribution of inheritance, which is often detrimental to women and children from the wife's weaker position in society. This research suggests the need to record the division of inheritance in the village/kelurahan and even the existence of a deed of inheritance to be certain in handling cases of inheritance division without fikih mawaris.
The Role of Murshid in Preventing Divorce among Naqshbandiyah Followers in Rokan Hulu Regency Suhayib Suhayib; Zainal Arifin
Alhurriyah Vol 10 No 2 (2025): December 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.v10i2.10037

Abstract

This article explores the spiritual dimension of the Naqshbandiyah order, with its emphasis on harmonious family as an aspect of family law, so broadening the study of Islamic family law, which typically focuses on fiqh (Islamic jurisprudence) to a more sociological and Sufi perspective. The article focuses on the spiritual aspect, which is at the core of the Naqshbandiyah order's teachings, and is crucial in preventing divorce among its followers, particularly in Rokan Hulu Regency, known as the Land of a Thousand Suluk. This study employed a qualitative method with a participatory approach, conducting observations, interviews, and analyzing data in same stages. The study found that the relationship between divorce prevention among Naqshbandiyah congregations in Rokan Hulu Regency can be observed from the position of the murshids in two ways. Firstly, the spiritual  internalization of tareqat trough the murshid spiritual teachings and secondly the murshid's role in mediation. However, the divorce rate among the congregation remains quite high because the internalization of spiritual aspects is not directly related to the household problems faced. In addition, the role of the murshid in preventing divorce is not completely succesfull since unsupported by a comprehensive competency of conflict management. But, this problem can be overcome with the support of traditional leaders.
Child Custody Rights After Divorce in Indonesia from a Contemporary Islamic Family Law Perspective Mustafid Mustafid; Khairunnas Rajab; Arisman Arisman; Muhammad Faiz Algifari
Alhurriyah Vol 10 No 2 (2025): December 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.v10i2.10096

Abstract

The research explores the issue of child custody (hadhanah) in Indonesia after divorce, focusing on the challenges arising from the increasing divorce rates. It addresses the gap between classical Islamic jurisprudence, which traditionally prioritizes maternal rights, and the modern social realities that necessitate multidimensional considerations—legal, psychological, and social. The novelty of this study lies in its attempt to reconstruct the concept of child custody by harmonizing the principles of Islamic family law with the evolving needs of modern Indonesian society. This is achieved through the reinterpretation of classical fiqh texts using contemporary approaches, such as maslahah mursalah (public interest) and maqasid al-shariah (objectives of Islamic law), to align them with the principle of the best interest of the child. The research employs a qualitative methodology with a normative-sociological approach, supported by a literature review. Primary data is derived from classical Islamic jurisprudence literature and contemporary Islamic legal thought, while secondary data includes Indonesian legislation such as the Compilation of Islamic Law and the Marriage Law, alongside relevant scholarly articles. The findings reveal the urgent need to reinterpret the concept of hadhanah in a way that reflects current social, legal, and psychological considerations. The research emphasizes that harmonizing traditional sharia norms with modern social realities will enable the application of more humanistic Islamic law, thus contributing to the development of a contextual and equitable framework for Islamic family law in Indonesia. This approach helps address contemporary challenges and strengthens the adaptability of Islamic family law in the modern era.
Protection of Children's Rights After Divorce: Challenges and Solutions in Indonesian Law Fiqi Syarifa
Alhurriyah Vol 10 No 2 (2025): December 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.v10i2.10127

Abstract

The protection of children's rights during divorce is a constitutional mandate under Law Number 35 of 2014 on Child Protection. In Religious Courts, this protection is ideally safeguarded through the judge's ex officio rights, which allow them to rule beyond the parties' specific demands to serve the child's best interests. This research aims to comprehensively analyze the implementation of the judge's ex officio rights, specifically concerning rights to maintenance (nafkah), custody, identity, and participation in legal proceedings. Using a juridical-normative approach, this study examines the Indonesian legal framework, including the Child Protection Law, the Compilation of Islamic Law (KHI), and relevant Supreme Court regulations. The analysis indicates that although the legal foundation is substantial, the practical effectiveness of protecting children's rights remains suboptimal due to inconsistent regulations, low public legal awareness, and weak execution mechanisms. Consequently, the study proposes strategic recommendations to bridge this gap, including regulatory harmonization, reform of mediation procedures, increased judicial capacity, and the strengthening of judgment execution mechanisms to ensure the robust fulfillment of children's rights.
Vasectomy as a Condition for Social Assistance: The Maqasid al-Shariah Approach and Gender Equality Mailiza Fitria; Beni Firdaus; Rahmiati Rahmiati
Alhurriyah Vol 10 No 2 (2025): December 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.v10i2.10143

Abstract

The policy proposal linking social assistance to vasectomy has sparked considerable debate due to its complex relationship with reproductive rights, ethical issues, and religious beliefs. This study addresses the topic through the framework of Maqasid al-Shari‘ah, focusing on two primary objectives: ḥifẓ al-nasl (protection of lineage) and hifz al-mal (protection of wealth), while also considering gender equality. Using a qualitative library research approach, the study explores a variety of sources related to Maqasid al-Shari‘ah, gender equality, population control, and the allocation of social welfare. The findings suggest that vasectomy is traditionally viewed as conflicting with ḥifẓ al-nasl because it directly impacts reproductive capacity. Reproductive decisions traditionally emphasize the preservation of lineage, and any action that impairs fertility is often seen as contrary to this objective. However, under the principle of necessity (ḍarūrah), there is room for exceptions, where actions like vasectomy may be justified if they lead to greater public welfare (maṣlaḥah), especially in cases of overpopulation or when the financial resources required for raising children exceed the capacity of families or the state. From a Maqasid perspective, vasectomy could contribute positively by improving the quality of future generations through more sustainable family planning. Additionally, involving men in contraceptive responsibility aligns with gender equality, fostering a more equitable distribution of reproductive duties between men and women. This approach promotes justice by reducing the disproportionate burden placed on women and encouraging shared responsibility in population control efforts, which are critical for maintaining the long-term effectiveness of social welfare programs.
Reconstruction of Inheritance Dispute Resolution in Religious Court Decisions in Indonesia Muhammad Farhan Fardiansyah; Fawaz Diya’a Rabbi; Ikhwanuddin Abdul Majid
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.v10i1.8605

Abstract

Inheritance disputes constitute a significant proportion of civil cases adjudicated in Indonesian courts, particularly within the jurisdiction of the Religious Courts applying Islamic inheritance law. Conflicts frequently arise over the determination of rightful heirs, the calculation of distributive shares, and the management of inherited property. Such disputes are often rooted in dissatisfaction among heirs, competing claims of entitlement, and differing interpretations of legal and religious norms. The Islamic inheritance system, including the well-known 2:1 ratio between male and female heirs in certain categories, is sometimes perceived as inequitable, thereby intensifying familial tensions and litigation. This study aims to identify the dominant types of inheritance disputes brought before Indonesian courts and to analyze the judicial reasoning and legal methodologies employed in resolving them. Using a qualitative normative-empirical approach, the research examines court decisions, statutory regulations, and doctrinal interpretations to explore how judges reconcile classical Islamic inheritance principles with contemporary notions of justice and social harmony. The findings indicate that judges adopt various interpretative strategies, including systematic statutory interpretation, contextual reasoning, and mediation-oriented approaches, to ensure equitable and socially acceptable outcomes. By mapping the patterns of disputes and judicial considerations, this article contributes to a deeper understanding of the practical implementation of Islamic inheritance law in Indonesia and offers insights for improving consistency, fairness, and dispute resolution mechanisms in future inheritance cases.
Mosque Waqf Land Utilization for Madrasahs and Posyandu Through Islamic and Indonesian Legal Perspectives Muhammad Yusuf Siddik; Asep Riyadi; Kiki Kiki; Mukhsin Mukhsin; Ilzam Hubby Dzikrillah Alfani
Alhurriyah Vol 11 No 1 (2026): June 2026
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v11i1.10308

Abstract

This study aims to examine the legality of utilizing mosque waqf land for madrasahs and Posyandu from the perspectives of Islamic law and Indonesian positive law and to formulate an integrative legal framework that balances the sanctity of mosque waqf with contemporary public interests. The issue arises from increasing community demands for educational and primary healthcare facilities while maintaining the original religious function of mosque waqf. This research employs qualitative normative legal research using a library research method. The study applies statutory, conceptual, and comparative approaches by examining Law No. 41 of 2004 on Waqf, the principles of maqāṣid al-sharīʿah, classical fiqh of the four Sunni schools, contemporary Islamic legal scholarship, and relevant Indonesian regulations. Data were collected through documentary studies and analyzed using descriptive, comparative, and synthetic methods. The findings demonstrate that utilizing mosque waqf land for madrasahs and Posyandu is legally permissible provided that the mosque's principal religious function is preserved, the utilization promotes public benefit, complies with national legal requirements, and is approved through collective deliberation. The study develops a four-pillar integrative model consisting of al-taqdīs, al-maṣlaḥah, al-mashrūʿiyyah, and al-shūrā as normative guidelines for mosque waqf governance, thereby contributing to the harmonization of classical Islamic jurisprudence, contemporary legal thought, and Indonesian positive law in strengthening sustainable community welfare.
Bjorka’s Cybercrimes from the Perspective of Fiqh Jinayah Zaky Anggara; Mohamad Sar'an; Enceng Arif Faizal; Muhammad Akbar Khan
Alhurriyah Vol 11 No 1 (2026): June 2026
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v11i1.10837

Abstract

This study aims to analyze Bjorka’s cybercrimes from the perspective of Islamic criminal law (fiqh jināyah) by examining the concept of criminal liability (al-mas’ūliyyah al-jinā’iyyah) and formulating a classification of sanctions (ʿuqūbāh) applicable to contemporary cyber offenses. The study employs normative legal research using a descriptive-analytical approach through the examination of primary sources of Islamic law, classical and contemporary fiqh literature, statutory regulations, and relevant academic publications, which are analyzed qualitatively to construct a legal framework for addressing cybercrime. The findings reveal that Bjorka’s cyber activities constitute jarīmah taʿzīr because no explicit textual provisions prescribe specific punishments for hacking and related cyber offenses, although such acts embody prohibited elements of al-kadhib (falsehood), akhdh al-māl bi ghayr ḥaqq (unlawful appropriation of property), tajassus (unauthorized surveillance), and violations of the objectives of Islamic law (maqāṣid al-sharīʿah). The study further classifies taʿzīr sanctions into light, moderate, and severe categories based on the nature of the offense, the degree of harm, and its impact on individuals, society, and state security. The study concludes that the principles of fiqh jināyah provide a flexible normative basis for addressing contemporary cybercrimes through proportional taʿzīr sanctions while maintaining justice, deterrence, and public welfare. This research contributes a systematic framework for assessing criminal liability and classifying sanctions for cybercrime within fiqh jināyah, thereby strengthening the theoretical development of Islamic criminal law in responding to emerging digital crimes and supporting future cybercrime policy formulation.

Page 42 of 43 | Total Record : 425

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