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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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Regulating Sperm Donation in Indonesian IVF: A Maqashid al-Shariah Perspective Cut Zatihulwani; Muhsan Syarifuddin
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.v11i1.10997

Abstract

The rapid development of assisted reproductive technologies has expanded the application of in vitro fertilization (IVF), including sperm donation, a practice prohibited under Indonesian positive law and Islamic legal principles. Despite these legal prohibitions, limited research has examined whether the existing regulatory framework effectively prevents sperm donation practices involving Indonesian citizens, particularly from the perspective of Maqāṣid al-Sharīʿah. This study aims to evaluate the effectiveness of Indonesia's sperm donor regulations in IVF practices through the lens of Maqāṣid al-Sharīʿah. The research employs a normative legal method using statutory, conceptual, and case-based approaches by analyzing legislation, Islamic legal opinions, judicial decisions, and relevant empirical evidence. Legal materials were examined through descriptive, comparative, and analytical techniques to assess the relationship between regulatory norms and their implementation. The findings reveal that although sperm donation is expressly prohibited under both Indonesian law and Islamic jurisprudence, regulatory effectiveness cannot be measured solely by the existence of legal restrictions because such practices continue through domestic and cross-border reproductive services involving Indonesian citizens. The study concludes that effective regulation requires not only legal prohibition but also consistent enforcement, institutional supervision, and cross-border legal cooperation to safeguard lineage (ḥifẓ al-nasl), religion (ḥifẓ al-dīn), human dignity (ḥifẓ al-ʿirḍ), and public welfare (maṣlaḥah). Academically, this study contributes by developing Maqāṣid al-Sharīʿah as an evaluative framework for measuring regulatory effectiveness, thereby extending its application beyond normative legal justification to the assessment of reproductive governance and the gap between legal norms and social practice.
The Dialectics of Islamic Law: Classical Ijtihad in Addressing Modern Legal Challenges Rasty Azizah Putri; Hamda Sulfinadia; Sobhan Sobhan; Bakhtiar Bakhtiar
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.v11i1.10494

Abstract

This research examines the relevance of classical Islamic legal methodology in addressing contemporary legal challenges. Although various studies have discussed the historical development of Islamic legal thought and the contributions of the imams of the schools of thought, studies on the dialectical relationship between classical ijtihad and modern legal issues are still limited. This research aims to analyze the ijtihad methods of Abu Hanifah, Malik ibn Anas, al-Syafi'i, and Ahmad ibn Hanbal and their relevance in the contemporary context. This research uses a qualitative method with a historical-comparative approach through literature review. The results show that classical ijtihad methodology remains dynamic and adaptive. Each imam has his own characteristic methods, such as ra'y and istihsan (Abu Hanifah), ‘amal ahl al-Madinah and maslahah (Malik), systematic qiyas  (al-Syafi'i), and a hadith based approach (Ahmad ibn Hanbal), which provide a flexible basis for legal reasoning. This approach remains relevant in responding to contemporary issues such as Islamic finance, digital technology, artificial intelligence (AI) including automated fatwa systems, and bioethics through a reinterpretation of classical principles. This research confirms the dialectical interaction between classical legal thought and contemporary realities and demonstrates that classical Islamic legal methodology can be reconstructed as a flexible analytical framework.
Tabuik Ritual in Pariaman: Islamic Acculturation and Local Culture through the Perspective of al-'Urf Kumaidi Kumaidi; Rahmat Hidayat; Hardiansyah Padli; Jamilus Jamilus; Arna Saskia
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.v11i1.10980

Abstract

This study examines the acculturation between Islamic values and Minangkabau local culture in the Tabuik ritual in Pariaman through the perspective of al-'urf in usul al-fiqh. Historically rooted in the Shia tradition, the Tabuik ritual has undergone transformation along three dimensions, namely theological, social-functional, and symbolic, since the nineteenth century, developing into a cultural identity of the Sunni community in Pariaman. Theologically, its grounding in martyrdom has been reframed as a moral commemoration of resistance to injustice. Socially, a minority sectarian practice has developed into a community-wide tradition emphasizing solidarity, mutual cooperation, and gotong royong. Symbolically, the replica of Husain's tomb has been reconstituted as an icon of communal identity. This study employs a narrative literature review with a qualitative approach to analyze the elements of the Tabuik ritual based on the classification of urf sahih and urf fasid and assess the legitimacy of its practices under Islamic law. The findings indicate that the social dimensions of the ritual, including communal solidarity, mutual cooperation, and collective identity, can be categorized as urf sahih because they support the objectives of maqasid al-shariah. Conversely, practices involving beliefs in material blessings or supernatural powers with ritual objects tend to fall within urf fasid because they may conflict with the principle of tawhid. The discourse between puritan and cultural groups reflects tensions over Tabuik. This study contributes to understanding the flexibility of Islamic law in accommodating cultural diversity through selective and normative evaluation.
Interlegality in the Space of Sharia: Rethinking Islamic Family Law in Aceh, Indonesia Mokhammad Samson Fajar; Abdul Qodir Zaelani; Ahmad Rajafi
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.v11i1.11019

Abstract

This article examines how Islamic family law governance operates within a plural legal system in Aceh, Indonesia, and questions the adequacy of conventional legal pluralism in explaining such practices. While previous studies have recognized the coexistence of state law, Islamic law, and custom, they often remain descriptive and overlook the dynamic interaction between these systems. This study offers a novel contribution by developing the concept of interlegal governance to explain how legal norms intersect and are negotiated in practice, particularly in relation to vulnerable groups. Using a qualitative socio-legal approach based on structured literature synthesis (1994–2025), this article analyzes how legal actors navigate multiple legal forums in resolving family disputes. The findings identify four interlegal patterns: normative harmonization, selective incorporation, jurisdictional bifurcation, and forum navigation. These patterns demonstrate that Islamic family law in Aceh is not governed by a single authority but through dynamic interaction among legal systems. Importantly, the study reveals that interlegality is normatively ambivalent—it can expand access to justice while also reproducing inequalities, particularly affecting women and children. This article argues that understanding Islamic law in plural societies requires moving beyond legal pluralism toward an interlegal perspective that captures both interactions and its implications for justice.
Universal Legal Maxims on Mu’amalah Contracts from the Perspective of Sharia Economic Law Enang Hidayat; Dadan Dadan
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.v11i1.11063

Abstract

This paper explores the thought of Shah Wali Allah al-Dihlawi on his concept of Universal Legal Maxims (qawa’id kulliyah), focusing not only on his inductive reasoning in Islamic jurisprudence but also on his philosophical approach to Islamic legal theory. The objective of this study is to explain Shah Wali Allah al-Dihlawi’s qawa’id kulliyah as presented in his seminal work “Hujjah Allah al-Balighah”, particularly in relation to mu’amalah (transactional contracts), and to analyze the philosophy of Islamic economic law in light of these principles. This research employs a normative, conceptual, and philosophical approach. The findings of this study reveal that al-Dihlawi presents seven qawa’id kulliyah in “Hujjah Allah al-Balighah”. Through these seven legal maxims, al-Dihlawi attempts to integrate his philosophical and mystical thought into various forms of mu’amalah contracts. The analysis of Islamic economic legal philosophy regarding these seven Kaidah Kulliyah aims at achieving public welfare (maslahah 'ammah), with a central focus on the protection of wealth—an objective that is implicitly embedded in several types of mu’amalah contracts, including mubadalah (exchange), ulfah (harmonious relations), muwasah (compassionate sharing), mu’awanah (mutual assistance), and mudayanah (deferred payment contracts). These contracts are driven by two main motives: fulfilling basic human needs and attaining public welfare both in this world and the hereafter. This study contributes to the enrichment of normative and philosophical approaches in constructing an adaptive and contextual framework for Islamic economic law.

Page 43 of 43 | Total Record : 425

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