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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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Pelaksanaan Mediasi dalam Menyelesaikan Perkara Perceraian di Pengadilan Agama Tanjung Pati Tahun 2023 Perspektif Fiqh Munakahat Lasamudra, Tiansi; Hendri, Hendri
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9993

Abstract

This study was motivated by the high number of divorce cases at the Tanjung Pati Religious Court and the importance of the mediation techniques and processes conducted by mediator judges in resolving these cases. This study aimed to analyze the mediation process in resolving divorce cases at the Tanjung Pati Religious Court and to examine its implementation from the perspective of fiqh munakahat. This study was field research with a descriptive qualitative approach. Data were collected through interviews and direct observation of mediator judges at the Tanjung Pati Religious Court and then analyzed qualitatively in descriptive form. The results showed that the stages of mediation in resolving divorce cases at the Tanjung Pati Religious Court were in accordance with the stages of mediation as regulated in PERMA No. 1 of 2016. In addition, the concept of reconciliation or as-sulh from an Islamic perspective is consistent with the concept of mediation in court, as reflected in the principle of dispute resolution through reconciliation. In the context of fiqh munakahat, the resolution of disputes between husband and wife is also consistent with the provision on appointing hakam from the families of both the husband and the wife to reconcile the two parties. The conclusion of this study emphasizes that the implementation of mediation at the Tanjung Pati Religious Court not only has a juridical basis under PERMA No. 1 of 2016 but also has normative relevance to the principle of reconciliation in fiqh munakahat. These findings imply the importance of optimizing the role of mediator judges in strengthening reconciliation efforts in divorce cases within the religious court system.
Kedudukan Perempuan sebagai Mamak Kepala Hindu di Kel. Tiakar Kec. Payakumbuh Timur Menurut Pandangan Maqashid Syariah Helsya, Rafifah Diva; Basir, Gusril
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9997

Abstract

Women’s leadership in customary structures remains a debated issue in society, including in the context of ancestral property management among the Minangkabau community. Mamak kepala waris is an informal figure within a clan who is responsible for managing the distribution of ancestral property and various matters related to the clan’s inheritance, with the appointment process based on the agreement of clan members, either directly or implicitly. This study aimed to analyze the position of women as mamak kepala waris in Tiakar Urban Village and to examine this role from the perspective of Maqashid Syariah. This study used a descriptive qualitative approach with a field research design. Data were collected through observation and interviews with relevant informants and then analyzed descriptively and qualitatively. The results showed that the position of women as mamak kepala waris had been customarily recognized through a clan agreement letter and supported by the Kerapatan Adat Nagari, and was also in line with the Supreme Court decision. From the perspective of Maqashid Syariah, women’s leadership in customary structures can be accepted if it fulfills the five objectives of sharia, namely preserving religion, intellect, life, lineage, and property. The conclusion of this study emphasizes that Minangkabau women have an important position and contribution in customary structures, particularly in the management and preservation of the clan’s harta pusaka tinggi. These findings imply the strengthening of understanding regarding the flexibility of customary leadership based on clan agreement and its relevance to the principle of public benefit in Maqashid Syariah.
Tradisi Bajulo-Julo dalam Walimatul Ursy di Kampung Langgai Nagari Ganting Mudiak Utara Surantih Kecamatan Sutera Kabupaten Pesisir Selatan Perspektif Maslahah Mursalah Yasil, Abu; Na’ali, Basri
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9998

Abstract

The bajulo-julo tradition in the implementation of walimatul ‘ursy in Langgai Village, Ganting Mudiak Utara Surantih Nagari, Sutera Subdistrict, Pesisir Selatan Regency, is a socio-religious practice that functions to help meet residents’ economic needs while strengthening bonds of brotherhood. This tradition is carried out in the form of money (pitih) and staple-food julo-julo, with a mechanism adjusted to price changes so that the value of mutual assistance is maintained. This study aimed to analyze the process of implementing bajulo-julo in walimatul ‘ursy and to examine this tradition from the perspective of Maslahah Mursalah. This study used a qualitative approach with a field research design. Data were collected through directed interviews with the head of the julo-julo, members of the julo-julo, and the community of Langgai Village, and were supported by documentation, literature, and relevant electronic sources. The data were analyzed systematically by integrating empirical findings and theoretical studies to obtain a comprehensive understanding of this traditional practice. The results showed that bajulo-julo in walimatul ‘ursy was implemented as a collective mechanism based on community participation to ease the economic burden of wedding celebration organizers and maintain social solidarity. From the perspective of Maslahah Mursalah, this tradition can be understood as a practice that has social benefit as long as it does not conflict with sharia principles. The conclusion of this study emphasizes that bajulo-julo plays an important role in maintaining the values of mutual cooperation, solidarity, and the welfare of the local community. These findings imply the importance of preserving local traditions that are aligned with socio-religious values and relevant to Islamic legal studies based on local wisdom.
Penerapan Maqāṣid al-Syarī‘ah dalam Putusan Hakim: Analisis terhadap Keadilan Substantif di Pengadilan Agama Rahman, Abd.; Kurniati, Kurniati; Mustafa, Zulhasari
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.10027

Abstract

The development of the legal paradigm from a formalistic approach toward substantive justice requires the integration of maqāṣid al-syarī‘ah into the practice of religious courts. However, the application of maqāṣid al-syarī‘ah in judicial decisions still tends to be limited and unsystematic, creating a gap between legal rulings and the community’s sense of justice. This study aimed to analyze the application of maqāṣid al-syarī‘ah in judicial decisions in religious courts and its contribution to the realization of substantive justice. This study used a qualitative approach with a literature study design focusing on document analysis of religious court decisions and scholarly journal articles. Data were collected through documentation and systematic searches of credible sources selected through purposive and snowball sampling, and were then analyzed using an interactive model with a thematic approach to identify major patterns and categories. The results showed that the application of maqāṣid al-syarī‘ah in judicial decisions was not yet uniform and was divided into three main patterns, namely implicit, partial, and explicit but not yet systematic. These variations were influenced by judges’ internal factors, limitations of the legal system, and social dynamics. The research findings also showed that the integration of maqāṣid al-syarī‘ah contributed significantly to strengthening substantive justice, particularly in increasing the sensitivity of decisions to public benefit and the protection of vulnerable groups. The conclusion of this study emphasizes the importance of strengthening methodological frameworks and operational guidelines for systematically integrating maqāṣid al-syarī‘ah into legal discovery. The implications of this study include the development of a more substantive theory of Islamic law, the enhancement of judges’ capacity, and the reform of religious court policies oriented toward public benefit.
Perbandingan Tindak Pidana antara Pelecehan, Pemerkosaan, dan Perzinaan dalam Hukum Positif dan Hukum Pidana Islam Mariam, Siti Anah; Helfi, Helfi
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.10051

Abstract

This study was motivated by an incident in Jorong Galogah, Nagari Kamang Baru, namely sexual intercourse between a man and a woman that occurred in a prayer room. This study aims to determine the elements of criminal acts arising from the incident and to analyze the similarities and differences among sexual harassment, rape, and adultery in positive law and Islamic criminal law. This study used field research with a qualitative approach conducted at the Muaro District Court and Nagari Kamang Baru. Data were collected through interviews, observation, and documentation, and were then analyzed using a descriptive-analytical method to draw conclusions. The results showed that the act of sexual intercourse in Jorong Galogah could not be classified into a single form of criminal act because its elements could be assessed differently under positive law and Islamic criminal law. From the perspective of positive law, the incident indicated the fulfillment of the elements of sexual violence, particularly when viewed from the victim’s condition, the age difference, the victim’s status as under 18 years old or still classified as a minor, and the element of consent attached to the incident. Meanwhile, from the perspective of Islamic criminal law, the act was viewed as adultery because it fulfilled the elements of adultery, occurred outside a valid marital bond, and was based on mutual consent. The conclusion of this study emphasizes that the classification of sexual criminal acts needs to be analyzed carefully by considering the elements of the act, the victim’s age, consent, and the legal basis used. The implications of this study provide a contribution to comparative criminal law studies and a more comprehensive understanding of differences in legal constructions between positive law and Islamic criminal law in assessing certain sexual incidents.
Praktik Julo-Julo Nomor Nol dalam Tinjauan Fiqih Muamalah di Jorong Kapeh Panji Kecamatan Banuhampu Cahyani, Rizka Nurmala; Ridha, Sofia
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.10052

Abstract

The practice of julo-julo nomor nol in Jorong Kapeh Panji, Banuhampu Subdistrict, reflects the dynamics of community-based financial transactions that use money as the main object. The uniqueness of this practice lies in the assignment of number zero to the administrator as compensation for management and as a reserve fund in the event of delayed payments by members. This study aims to determine the mechanism of the julo-julo nomor nol practice and to review its conformity with fiqh muamalah. This study used field research with a qualitative approach. Data were obtained through interviews, observation, and documentation involving the administrator and members of julo-julo in Jorong Kapeh Panji, Banuhampu Subdistrict, and were then analyzed descriptively to understand the implementation of this practice from the perspective of Islamic law. The results showed that julo-julo was implemented through a lottery system to determine the order of fund recipients, except for number zero, which was directly given to the administrator. In principle, this practice can be justified in fiqh muamalah because it uses an ujrah contract that fulfills the valid requirements, such as willingness, agreement, and clarity of the contract object. In addition, julo-julo provides social and economic benefits for the community, particularly as a means of saving and strengthening social relations among members. However, its implementation still contains an element of injustice because the amount of additional contributions differs according to the number of entries followed by each member. The conclusion of this study emphasizes that the practice of julo-julo nomor nol needs to be improved because, in its implementation, it is categorized as a fasid contract due to its contradiction with the principle of justice in Islam and its potential to cause harm. The implications of this study indicate the importance of managing community financial practices transparently, fairly, and in accordance with sharia provisions.
Efektivitas Penegakan Hukum terhadap Illegal Fishing di Laut Natuna Utara Pasca 2020 Seca, Meltia; Manurung, Binsar; Simanjuntak, Rezky Abet Nego; Septaria, Ema
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.10073

Abstract

Illegal fishing in the North Natuna Sea after 2020 remains a serious threat to Indonesia’s maritime sovereignty and the sustainability of national marine resources. This area has a strategic position, is rich in fishery resources, and directly borders several countries, making it vulnerable to illegal fishing activities by foreign vessels. This study aims to analyze the effectiveness of law enforcement against illegal fishing in the North Natuna Sea after 2020, identify the obstacles encountered, and formulate strategies for strengthening maritime law enforcement policies. This study used a normative juridical method with statutory and case approaches. Data were obtained through a literature review of relevant regulations, official reports, and scientific literature. The results showed that the Indonesian government has strengthened law enforcement efforts through integrated maritime patrols, interagency cooperation, the implementation of stricter sanctions, and the reinforcement of the roles of authorities such as the Indonesian Navy (TNI AL) and the Ministry of Marine Affairs and Fisheries. However, the effectiveness of law enforcement still faces obstacles in the form of limited facilities and infrastructure, the vastness of the surveillance area, and international political pressure. These findings confirm that a diplomatic approach remains necessary to maintain maritime sovereignty without triggering open conflict. Thus, law enforcement against illegal fishing in the North Natuna Sea requires a comprehensive and sustainable strategy through regulatory strengthening, capacity building for law enforcement officials, and the optimization of regional and international cooperation. This study contributes to the development of more effective maritime policies for addressing illegal fishing in Indonesian waters.
Kontribusi Keterampilan Membaca Pemahaman terhadap Keterampilan Menulis Teks Deskripsi Siswa Kelas VII SMP Negeri 47 Padang Noverani, Aisyah; Nursaid, Nursaid; Afnita, Afnita; Rasyid, Yulianti
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.10089

Abstract

Reading comprehension skills play an important role in supporting students’ ability to write descriptive texts because writing activities require mastery of information, vocabulary, structure, and language accuracy. This study aims to describe descriptive text reading comprehension skills, describe descriptive text writing skills, and analyze the contribution of reading comprehension skills to descriptive text writing skills among seventh-grade students at SMP Negeri 47 Padang. This study used a quantitative approach with a descriptive method and correlational design. The study population consisted of 202 seventh-grade students in the 2024/2025 academic year, while the sample consisted of 42 students selected through proportional random sampling. Data were collected through an objective test to measure reading comprehension skills and a performance test to measure descriptive text writing skills. The data were analyzed using descriptive statistics, product-moment correlation, and the coefficient of determination. The results showed that reading comprehension skills were in the Good qualification category with an average score of 77.24, whereas descriptive text writing skills were in the More Than Adequate qualification category with an average score of 68.27. Reading comprehension skills contributed 58.22% to descriptive text writing skills. Thus, strengthening reading comprehension skills is an important aspect of descriptive text writing instruction because it contributes to improving students’ ability to understand, organize, and express information in writing.
Pertanggungjawaban Pidana Internasional Mantan Perdana Menteri Bangladesh Sheikh Hasina atas Dugaan Kejahatan terhadap Kemanusiaan Sofia, Tasya Fillo; Sary, Wevy Efticha
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.10108

Abstract

The political crisis and violence in Bangladesh in 2024, which resulted in fatalities and allegations of crimes against humanity, raised legal issues concerning the international criminal responsibility of a head of government. Repressive actions by state authorities, including the use of live ammunition against demonstrators, mass arrests, arbitrary detention, and the shutdown of national internet access, raised questions regarding the international criminal responsibility of Sheikh Hasina as the head of government at the time the events occurred. This study aims to analyze whether the violence in Bangladesh in 2024 fulfilled the elements of crimes against humanity under international criminal law, examine the possibility of Sheikh Hasina’s international criminal responsibility, and assess the validity of the in absentia judgment of the International Crimes Tribunal Bangladesh from the perspective of international law. This study used a normative legal method with statutory, conceptual, and case approaches. Legal materials were obtained through a literature study covering primary, secondary, and tertiary legal materials, and were then analyzed qualitatively based on the principles of international criminal law. The results showed that the use of live ammunition, mass arrests, and the nationwide shutdown of internet access fulfilled the elements of a widespread or systematic attack against a civilian population. Sheikh Hasina’s position as the head of government opened the possibility of criminal responsibility under Article 28 of the Rome Statute. However, the judgment rendered in the absence of the accused and accompanied by the death penalty raises serious concerns regarding the fulfillment of fair trial guarantees as regulated in Article 14 of the ICCPR. The conclusion of this study affirms that the prosecution of serious human rights violations must still be accompanied by full respect for the rights of the accused so that substantive and procedural justice can be achieved in a balanced manner.
Dinamika Pengaturan Tanah Adat di Kota Medan dalam Perspektif Hukum Agraria Kontemporer Novita, Tri Reni; Tanjung, Juradhanie Shera; Nasution, Nurhayati; Panggabean, Hariaty
AHKAM Vol 5 No 3 (2026): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10109

Abstract

Customary land has an important position for customary law communities because it functions not only as an economic resource but also contains social, cultural, and historical values embedded in community life. In Medan City, urban development, investment, and land-use conversion have created issues related to the existence of and legal protection for customary land, including agrarian conflicts, overlapping land control, and weak legal certainty for customary communities. This study aims to analyze the dynamics of customary land regulation in Medan City from the perspective of contemporary agrarian law, with an emphasis on aspects of recognition, legal protection, and policy implementation. This study used a normative legal method with statutory, conceptual, and historical approaches. The results showed that although customary communal rights have been recognized in the national agrarian legal system, their implementation at the local level still faces various obstacles, such as discrepancies between legal norms and field practices, overlapping land control, and limited legal certainty for customary communities in urban areas. Recent policies related to the registration of customary communal land provide opportunities to strengthen legal protection, but their implementation still faces administrative and institutional challenges. In addition, urban development, increased economic activity, and investment flows in Medan City also exert pressure on the existence of customary land, which has the potential to trigger agrarian conflicts. The conclusion of this study emphasizes the need for a comprehensive, adaptive, and sustainable agrarian law approach to realize fairer and more responsive protection of customary communal rights amid urban dynamics. The implications of this study indicate the importance of synergy among the government, customary communities, and stakeholders in strengthening recognition, protection, and legal certainty over customary land in Medan City.

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