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AHKAM : Jurnal Hukum Islam dan Humaniora
Published by Lembaga Yasin Alsys
ISSN : 29646332     EISSN : 29646340     DOI : https://doi.org/10.58578/ahkam
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
This journal was published by Penerbit LYAS which was published Four times a year, December, March, June, and September with a minimum of 5 articles. The journal aims to provide a forum for scholarly understanding of the field of law and plays an important role in promoting the process that accumulated knowledge, values, and skills. Scientific manuscript dealing with Human Rights, Policy, Values of Islam, and other sections related to law. topics are particularly welcome to be submitted.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 389 Documents
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Analisis Pasal 80 Ayat (4) Kompilasi Hukum Islam terhadap Peran Istri sebagai Pencari Nafkah Utama di Kecamatan Tanjung Tiram, Kabupaten Batu Bara Adli, Aunur Rofiq Muhammad; Khairani, Khairani; bin Adnan, Boihaqi
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8466

Abstract

Marriage in Islam positions the husband as the party obligated to provide maintenance for his wife and children, as stipulated in Article 80(4) of the Kompilasi Hukum Islam (KHI). However, the social dynamics of modern society show a shift in household roles, in which, under certain conditions, the wife becomes the primary breadwinner. This study aimed to analyze the role of the wife as the main breadwinner within household structures in Tanjung Tiram Subdistrict, Batu Bara Regency, and to examine this phenomenon from the perspective of Article 80(4) of the KHI. A descriptive qualitative approach with a juridical-sociological method was employed, with data obtained through interviews with five wives who act as primary breadwinners and analyzed using descriptive-qualitative techniques. The findings indicate that the wife’s role as the main breadwinner is driven by the husband’s inability to fulfill his maintenance obligations due to illness, unemployment, or age-related factors, so that the wife not only supports the family economy but also continues to carry domestic responsibilities and maintain household harmony. From the perspective of Article 80(4) of the KHI, the obligation of maintenance remains vested in the husband, but its implementation is based on the principle of capability; thus, the wife’s role as the primary breadwinner can be understood as a form of ta‘āwun (mutual assistance) and social adaptation under emergency conditions that is consistent with the principles of justice and family welfare in Islamic law.
Cyber Grooming sebagai Ancaman Seksual di Era Digital: Perlindungan Anak Korban Cyber Grooming (Studi Kasus Yayasan Kakak Surakarta) Lausiana, Divana Frida; Dona, Fery
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8520

Abstract

The development of digital technology has opened new spaces of interaction for children and adolescents, while simultaneously increasing their vulnerability to online sexual crimes such as cyber grooming, which is carried out gradually through emotional manipulation on digital platforms. Nationally, cases of sexual violence against children, including those occurring in digital forms, show an increasing trend, while in Surakarta the Yayasan KAKAK has recorded a rise in reports of cyber grooming among children aged 8–12 years. This study aimed to analyze the forms of protection provided by Yayasan KAKAK to victims and to examine the criminal act of cyber grooming from the perspective of Indonesian positive law and Islamic criminal law. The research employed a qualitative approach through interviews, a review of legal assistance practices conducted by Yayasan KAKAK, and an analysis of regulations related to child protection and sexual violence. The findings show that cyber grooming generally begins with seemingly normal communication that subsequently develops into psychological manipulation, resulting in anxiety and trauma for victims; Yayasan KAKAK responds through comprehensive assistance that includes emotional assessment, counseling, and preventive education via outreach roadshows. From the perspective of Indonesian positive law, cyber grooming can be prosecuted under child protection and sexual violence legislation, although law enforcement is often constrained by limitations in digital evidence. In Islamic criminal law, cyber grooming is positioned as a form of abuse involving non-physical ikrah (coercion), whereby victims are exempt from liability and perpetrators are subject to uqubah ta‘zīr (discretionary punishment) based on relevant Qur’anic verses and hadith. This study underscores the importance of synergy between regulatory strengthening, capacity building of support institutions, and systematic preventive approaches to protect children from the threat of digital sexual violence.
Sharia Monetary Policy as an Instrument for Inflation Control and Exchange Rate Stability Based on Sharia Economic Law: Bank Indonesia's Role in the Islamic Financial System Rifai, Ahmad; Janwari, Yadi; Al-Hakim, Sofian
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8557

Abstract

Islamic monetary policy in Indonesia faces the challenge of demonstrating its effectiveness in controlling inflation and maintaining exchange rate stability amid the dominance of conventional monetary instruments within a dual financial system. This study aims to analyze the role of Islamic monetary policy as an instrument for inflation control and exchange rate stabilization from the perspective of Islamic economic law, with a particular focus on the role of Bank Indonesia in the Islamic financial system. Using a qualitative-descriptive approach, the research examines the framework of Islamic monetary policy, central bank operational instruments, and relevant macroeconomic data. The findings indicate that Islamic monetary instruments, such as Bank Indonesia Syariah Certificates (SBIS), sharia SBSN repos, and sharia monetary operations are effective in managing liquidity without relying on interest rate mechanisms. Absorbent instruments are shown to be more effective in suppressing inflation, while injective instruments support economic growth during periods of slowdown. In addition, Islamic monetary policy indirectly contributes to exchange rate stability by strengthening domestic liquidity conditions and reducing speculative activities. The study concludes that sharia monetary policy is not only aligned with the legal principles of Islamic economics but also possesses empirical relevance as a macroeconomic stabilization instrument. The implications highlight the need for institutional strengthening and further deepening of the Islamic financial market so that Islamic monetary policy can play a more optimal role in supporting equitable and sustainable national economic stability.
Efektivitas Perlindungan Hukum Kreditur dalam Eksekusi Jaminan Fidusia akibat Wanprestasi: Studi pada Koperasi Simpan Pinjam Tunas Muda Jusuf, Muhammad Ferdy Fahriza; Junus, Nirwan; Kamba, Sri Nanang Meiske
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8599

Abstract

The execution of fiduciary security at the Tunas Muda Savings and Loan Cooperative frequently encounters legal and factual obstacles despite being regulated under Law No. 42 of 1999, and has become increasingly complex following Constitutional Court Decision No. 18/PUU-XVII/2019, which restricts creditors’ unilateral authority to execute collateral. This study aims to analyze the legal effectiveness of creditor rights protection and to identify obstacles in the execution process of fiduciary security at the Tunas Muda Savings and Loan Cooperative. The research employs a socio-legal approach with an empirical legal research design, using primary data obtained through interviews and observations, and secondary data collected through document study, all of which are analyzed using qualitative descriptive techniques. The findings show that the legal effectiveness of fiduciary security execution is not yet optimal; the main obstacles include the non-registration of collateral objects, low legal awareness among debtors, limited litigation costs, and collateral objects that have been transferred or have depreciated in value. These results indicate that Constitutional Court Decision No. 18/PUU-XVII/2019 provides greater protection for debtors but simultaneously reduces efficiency and legal certainty for creditors by requiring court proceedings when default is disputed. The study concludes that enhanced compliance with fiduciary security registration by cooperatives and regulatory improvements are needed to balance protection between creditors and debtors so that fiduciary security execution can proceed more efficiently and fairly.
Implikasi Hukum Terkait Penguasaan Harta Bawaan Ayah oleh Istri Kedua dan Anaknya Sjahrain, Nadya Asriyani; Kasim, Nur Mohamad; Bakung, Dolot Alhasni
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8611

Abstract

The main problem addressed in this study is the unilateral appropriation of a father’s premarital property by his second wife and their child, which ignores the inheritance rights of the children from the first marriage and thereby raises issues of justice and legal certainty within the family inheritance context. This study aims to analyze the implementation of inheritance distribution of the father’s premarital assets to the children from the first marriage from the perspectives of Islamic law and positive law, as well as to examine the legal consequences arising from such unilateral control. The research employs a normative–empirical legal approach that combines a doctrinal analysis of legal literature with an examination of concrete cases in the field through a statutory and qualitative approach. Data were obtained through observation and in-depth interviews with a judge of the Religious Court of Gorontalo City, an official of the North Gorontalo Land Agency (BPN), and the relevant heirs, and were analyzed descriptively and qualitatively using Islamic law and civil law theories. The findings show that, based on the Kompilasi Hukum Islam (KHI) and the Kitab Undang-Undang Hukum Perdata (KUHPerdata), children from the first marriage are legitimate heirs who possess equal rights to their father’s premarital property, without any distinction in birth order. The unilateral appropriation of assets by the second wife is classified as an unlawful act because it contravenes Article 176 of the KHI and Article 852 of the KUHPerdata. The study concludes that such actions render the legitimacy of unilateral control null and void and give rise to an obligation to restore the property to all rightful heirs. The implications of this research underscore the importance of strengthening public legal awareness and optimizing the role of judicial institutions in ensuring the just distribution of inheritance in order to prevent and minimize prolonged family conflicts.
Hukum Musik dari Angklung menurut Islam: Sebuah Analisis Fiqih dan Kontekstual Wathon, A
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8623

Abstract

Although the legal status of music in Islam has been widely discussed in previous research, studies that specifically examine the legal status of traditional musical instruments such as the angklung from the perspective of contemporary fiqh remain limited. This study aims to comprehensively analyze classical and modern scholars’ views on music and its instruments and to apply these views to the distinctive characteristics of the angklung as cultural heritage and a medium of artistic expression. It employs a qualitative design with a literature study (library research) approach and fiqh muqaranah (muqaranah fiqhiyyah) analysis of relevant dalil syar‘i and contemporary fatwas. The findings show a broad spectrum of opinions, ranging from absolute prohibition to conditional permissibility, which depends greatly on the context, purpose, and impact of the music. More specifically, the study indicates that the angklung, as an instrument commonly used in educational, da‘wah, and cultural preservation contexts without elements of wrongdoing, tends to be categorized as a permissible form of art by most contemporary scholars. These findings contribute to the development of the theory of fiqh al-wāqi‘ (fiqh of reality) and broaden understanding of the interaction between Islamic law, culture, and art. The study concludes that it is essential to consider maqāṣid al-syarī‘ah (the objectives of Islamic law) and ‘urf (customary practice) in legal determinations and encourages religious institutions and cultural practitioners to collaborate in educating the public about the shar‘i boundaries of artistic practice. The implications of this research include theoretical contributions to enriching the literature on the fiqh of music and culture, as well as practical implications for government, educational institutions, and arts communities in developing angklung performance practices that are aligned with Islamic values, while also opening further opportunities to explore contemporary fiqh issues in other artistic and cultural contexts.
Memaafkan Diri dan Kesejahteraan Psikologis: Studi pada Mahasiswa yang Mengalami Kegagalan Akademik Teresa, Valensia; Agustina, Agustina; Uranus, Hanna Christina
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8634

Abstract

Academic failure often generates negative emotions, such as guilt, shame, and disappointment, which in turn diminish students’ psychological well-being. Although this dynamic has received attention in several studies, research specifically examining the role of self-forgiveness in enhancing psychological well-being among students who experience academic failure remains limited. This study aimed to investigate the role of self-forgiveness in improving psychological well-being among university students who had experienced academic failure. A quantitative approach with simple linear regression analysis was employed with 325 students in Jakarta selected through purposive sampling. The instruments used were the self-forgiveness dimension of the Heartland Forgiveness Scale (HFS) and the Psychological Well-Being Scale (PWBS), which was developed based on Ryff’s (1989) six dimensions of psychological well-being. The results showed a significant positive relationship between self-forgiveness and psychological well-being (r = 0.521; p < 0.001), with self-forgiveness contributing 55.7% to psychological well-being, while the remaining 44.3% was influenced by other factors outside the scope of this study. These findings underscore self-forgiveness as an important factor that helps students restore their psychological condition after experiencing academic failure and indicate the need to develop self-forgiveness-oriented strategies to enhance students’ psychological well-being.
Studi Perbandingan Pandangan Yusuf al-Qaradawi dan Ibn Bāz tentang Penggunaan Tanah Wakaf Masjid untuk Lembaga Pendidikan Yusuf, Muhammad Waliyuddin; Fatwa, Ahmad Fajruddin
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8663

Abstract

The utilization of mosque waqf land for the benefit of educational institutions is a contemporary fiqh issue that has given rise to differing views among scholars, amid the growing need of the Muslim community for educational facilities and the obligation to maintain the primary function of mosque waqf in accordance with the original intention of the donor. This study aims to analyze and compare the views of Yusuf al-Qaradawi and ʿAbd al-ʿAzīz ibn ʿAbd Allāh Ibn Bāz regarding the use of mosque waqf land for educational institutions, with particular emphasis on differences in their methods of legal istinbāṭ and the legal implications. This is a normative legal study employing library research and a qualitative-descriptive approach, using primary sources in the form of the works and fatwas of both scholars as well as relevant secondary sources. The findings indicate that Yusuf al-Qaradawi tends to permit the utilization of mosque waqf land for education as long as it does not eliminate the mosque’s primary function and remains in line with the objectives of waqf, grounded in the approach of maqāṣid al-sharīʿah and the principle of public interest (maṣlaḥah). In contrast, Ibn Bāz adopts a stricter and more textual position, stressing the obligation to preserve the allocation of waqf in accordance with the conditions set by the wāqif and rejecting any change in the function of waqf without clear evidentiary grounds. These divergent views reflect the dynamics of ijtihād in contemporary waqf fiqh and demonstrate that the issue of utilizing mosque waqf for education constitutes an ijtihādiyyah domain that remains open to scholarly disagreement, while still prioritizing prudence and the welfare of the Muslim community.
Analisis Kehujjahan Maqāṣid al-Syarī‘ah sebagai Dasar Ijtihad dalam Menyelesaikan Persoalan Hukum Islam Kontemporer Hartono, Rudi; Sahrir, M.; Jamaluddin, Jamaluddin
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8688

Abstract

Although maqāṣid al-sharīʿah has received significant attention in various studies of Islamic law, research that specifically examines the authoritative status of maqāṣid al-sharīʿah as a methodological foundation for ijtihād in addressing contemporary issues of Islamic law remains relatively limited and tends to be normative-descriptive. This study aims to analyze the status of the authoritative force (ḥujjiyyah) of maqāṣid al-sharīʿah from the perspective of uṣūl fiqh and to explain its relevance for the development of Islamic legal ijtihād amid modern social dynamics. The study employs a qualitative approach with a library research design through a normative-philosophical lens. Data were obtained from critical analyses of the works of classical and contemporary scholars, including al-Shāṭibī, Ibn Qayyim al-Jawziyyah, al-Shawkānī, Abdullahi Ahmed An-Na‘im, and other relevant literature, and were then analyzed thematically and comparatively to examine arguments for the authoritative status of maqāṣid and its application in ijtihād practice. The findings show that maqāṣid al-sharīʿah possesses strong legitimacy as a basis for ijtihād, since all Islamic legal rulings are essentially oriented toward the realization of maṣlaḥah (benefit) and the prevention of harm. This maṣlaḥah is realized through the preservation of the five essential interests (al-kulliyyāt al-khams), namely religion, life, intellect, lineage, and property, which are classified into the levels of ḍarūriyyāt, ḥājiyyāt, and taḥsīniyyāt. The study also affirms that maqāṣid-based ijtihād has been practiced since the time of the Prophet Muhammad and his Companions, particularly in the legal policies of ʿUmar ibn al-Khaṭṭāb, who took changing social contexts into account. The conclusion emphasizes that a sound understanding of maqāṣid al-sharīʿah is a key factor in maintaining the flexibility, dynamism, and relevance of Islamic law in responding to contemporary challenges. The implications of this research include a theoretical contribution to enriching the corpus of uṣūl fiqh and contemporary ijtihād, as well as practical implications for mujtahids, academics, and Islamic legal policymakers in formulating legal solutions that are oriented toward maṣlaḥah and the development of a civil society. This study also opens avenues for further research on developing more applicable models of maqāṣidī ijtihād within modern social contexts.
Kedudukan Hukum Kontrak Spot dalam Transaksi Kripto di Indonesia Herang, Andika Rayhan Putra; Junus, Nirwan; Towadi, Mellisa
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8727

Abstract

Spot market transactions in crypto assets in Indonesia have shown significant growth; however, this development has not been fully matched by adequate legal certainty and protection, particularly regarding the legal status of spot contracts as the basis of the legal relationship between business actors and consumers. This study aimed to analyze the legal status of spot contracts in crypto-asset transactions in Indonesia and to identify factors influencing their implementation under spot market supervisory provisions, an urgency heightened by the rapid growth of crypto-asset trading and the shift in the supervisory regime from the Commodity Futures Trading Regulatory Agency (Bappebti) to the Financial Services Authority (OJK). The study employed normative legal research using a statutory approach and a comparative approach. The findings show that spot contracts have a valid and binding legal status because they satisfy the legal requirements for agreements under Article 1320 of the Indonesian Civil Code (KUHPerdata) and are executed through organizers registered with and supervised by the competent authority. The transfer of authority from Bappebti to OJK marks a paradigm shift from viewing crypto assets as commodities toward treating them as digital financial assets under financial services sector supervision. The study also finds that the effectiveness of spot contract implementation is determined by three main factors: regulatory consistency, supervisory effectiveness, and institutional readiness, including the governance of exchanges, physical traders, and clearing institutions, which are essential prerequisites for ensuring legal certainty, market stability, and consumer protection within Indonesia’s crypto-asset trading ecosystem. Accordingly, this study has implications for strengthening understanding of electronic contracts in the context of digital financial assets and enriching scholarship on the legal status of spot contracts within the Indonesian legal system.

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