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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 460 Documents
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Analisis Maslahat terhadap Digitalisasi Program Selalu Samawa dalam Pencatatan Perkawinan di KUA Padang Panjang Barat Melany Putri; Fajrul Wadi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10222

Abstract

The digitalization of marriage administration services has received attention in various studies, but research that specifically analyzes the benefits of the digitalization of the SELALU SAMAWA Program in marriage registration at the Office of Religious Affairs (KUA) of West Padang Panjang remains limited. This study aims to analyze the implementation of the digitalization of the SELALU SAMAWA Program in marriage registration and examine it from the perspective of maslahat in Islamic law. This study employed a qualitative approach with a field research and qualitative descriptive design. The research participants included officers of the KUA of West Padang Panjang, officers of the Population and Civil Registration Office (Disdukcapil), and bridal couples who participated in the SELALU SAMAWA Program, who were selected through purposive sampling. Data were collected through observation, interviews, and documentation and were then analyzed descriptively and inductively through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the digitalization of the SELALU SAMAWA Program improved the effectiveness of marriage administration services through system integration between the KUA and Disdukcapil, enabling the public to obtain post-marriage administrative documents more quickly, practically, and efficiently. This program also contains elements of maslahat because it facilitates services, protects the administrative rights of the public, and supports orderly marriage registration from the perspective of maqashid al-syari’ah. Nevertheless, the program’s implementation still faces obstacles in the form of network disruptions, delays in data synchronization, and limited digital literacy among the public. The conclusion of this study affirms that the digitalization of the SELALU SAMAWA Program plays an important role in strengthening the effectiveness, accessibility, and public benefit of marriage administration services. These findings provide a theoretical contribution to the development of studies on maslahat in the digital transformation of public services and a practical contribution to strengthening digital-based marriage administration systems within the KUA environment.
Tradisi Surang Naiak Surang Turun Ditinjau dari Perspektif Hukum Islam di Nagari Kapau Alam Pauh Duo Kecamatan Pauh Duo Kabupaten Solok Selatan Anggun Padila; Nofiardi Nofiardi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10224

Abstract

The surang naiak surang turun tradition in the implementation of Minangkabau traditional marriage has received attention in several studies, but research that specifically discusses its impact on family resilience and examines it from the perspective of Islamic law remains limited. This study aims to analyze the implementation of the surang naiak surang turun tradition in Nagari Kapau Alam Pauh Duo, Pauh Duo Subdistrict, South Solok Regency, identify its impact on family resilience, and examine it from the perspective of Islamic law. This study employed a qualitative approach with a case study design. The research participants included traditional leaders, religious leaders, couples who practiced the tradition, and local community members, who were selected through purposive sampling. Data were collected through observation, interviews, and documentation and were then analyzed descriptively and qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the surang naiak surang turun tradition is still maintained by the community as a cultural heritage that contains social and economic values. This tradition is considered capable of reducing walimah costs, strengthening kinship relations, and reinforcing social solidarity within the community. Nevertheless, this study also found the existence of social stigma and community beliefs regarding the possibility of mudharat if the tradition is not carried out. These findings contribute to the development of Islamic legal studies based on local culture, particularly in understanding the concept of ‘urf within Minangkabau society. The conclusion of this study affirms the importance of preserving local traditions that contain public benefit as long as they do not conflict with the principles of Islamic law.
The Role of Islamic Counseling Guidance for Perpetrators of Domestic Violence Nurahmah Wati; Nor Fatmah
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10245

Abstract

Domestic violence remains a persistent problem in Indonesia, producing long-term physical, psychological, social, and spiritual harm for victims, families, and communities. Although Islamic counseling has been proposed as a rehabilitative and preventive approach, field-based evidence on its application to domestic violence perpetrators remains limited. This study aims to explore how Islamic counseling rehabilitates domestic violence perpetrators and strengthens family resilience. Using a qualitative case study design, the research examined two perpetrator cases through in-depth interviews with counselors and mentors, direct observation of counseling sessions and community activities, and analysis of program documentation. The data were analyzed descriptively through data reduction, narrative presentation, and thematic synthesis. The findings indicate that perpetrators’ violent behavior was associated with poor emotion regulation, maladaptive learned responses, early or forced marital transitions, patriarchal norms, and limited communication skills. The counseling process integrated behavioral methods, including modeling, reinforcement, emotion-regulation training, social-skills training, and cognitive behavioral therapy techniques, with Islamic spiritual practices such as muhasabah, istighfar, and dhikr to foster self-awareness, cognitive restructuring, repentance, and intrinsic motivation for behavioral change. The intervention also involved family mentoring, community support groups, and religious leaders, enabling perpetrators to practice new relational skills while supporting normative shifts against violence. Critical program components included a modular medium- to long-term design, measurable targets, follow-up monitoring, counselor competence in clinical–religious integration, and victim-safety safeguards. Participants, including child witnesses, reported improved emotional stability, renewed religious engagement, and observable reductions in aggressive behavior; however, the findings are limited by the small sample size and local context. The study concludes that the systematic integration of behavioral and cognitive behavioral techniques with Islamic spiritual frameworks offers a promising approach for rehabilitating domestic violence perpetrators and rebuilding family resilience in Indonesian settings. This study contributes to Islamic counseling, family resilience, and domestic violence intervention literature by providing field-based insights into a culturally and religiously grounded perpetrator rehabilitation model, while larger-scale controlled studies are needed to test generalizability and refine intervention modules.
Strategi dalam Mewujudkan Keharmonisan Rumah Tangga bagi Istri yang Ditinggal Suami Merantau di Jorong Balai Gurah Kanagarian Balai Gurah Kecamatan Ampek Angkek Rhesti Maulana; Beni Firdaus
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10252

Abstract

The phenomenon of many husbands migrating for work to earn a living in Jorong Balai Gurah creates particular challenges for wives in maintaining household harmony and integrity. This study aims to examine the strategies used by wives to maintain household integrity while their husbands are away for work and to review them from the perspective of Islamic law. This study employed a qualitative approach with a descriptive design. The main informants of the study were five wives whose husbands had migrated for work. Data were collected through observation, interviews, and documentation and were then analyzed descriptively and qualitatively. The results showed that the main strategies used by the wives included open communication, mutual trust, the performance of dual roles in the household, and efforts to maintain mental and physical health. Emotional support from husbands through video calls and involvement in decision-making also played a role in maintaining household harmony. From the perspective of Islamic law, migrating for work is permissible as long as certain conditions are fulfilled, such as the wife’s permission, regular provision of maintenance, and maintained communication. If these conditions are not fulfilled, the wife has the right to file for divorce. The conclusion of this study affirms that the strategies implemented by the wives are in line with the principles of Islamic law in maintaining a family characterized by sakinah, mawaddah, and rahmah. These findings contribute to studies of Muslim families, particularly regarding household resilience in the context of husbands migrating for work, and provide practical implications for couples in building communication, trust, and family responsibility on an ongoing basis.
Sengketa Mangaku Induak dalam Masyarakat Minangkabau: Studi Kasus di Dharmasraya Tasbillah Syamyul; Abdul Alim
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10253

Abstract

The practice of mangaku induak in Minangkabau society, particularly in Dharmasraya, is a mechanism of social integration within the matrilineal kinship system that functions to provide social recognition to individuals who do not have a clear lineage within a clan. This study aims to examine the practice of mangaku induak, analyze the potential disputes it generates, and explain the mechanisms for resolving customary disputes in Minangkabau society. This study employed a qualitative approach with a socio-legal type. Data were collected through interviews, observation, and literature study and were then analyzed descriptively and qualitatively. The results showed that mangaku induak plays an important role in maintaining social order and cohesion, but it also has the potential to generate disputes, particularly regarding kinship status, inheritance rights to high-value ancestral property, and social recognition within society. These disputes are influenced by differences in understanding customary law, economic interests, lack of participation in deliberation, and social changes resulting from modernization. Dispute resolution is generally carried out through customary mechanisms, namely community deliberation, the role of ninik mamak, and the Nagari Customary Council (KAN), using a familial approach that emphasizes the restoration of social relations. The conclusion of this study affirms that mangaku induak remains relevant as a traditional practice in Minangkabau society but requires adaptive management so that it remains aligned with the dynamics of modern society without losing its fundamental values. These findings contribute to the development of studies on customary law and sociology of law, particularly in understanding the relationship between matrilineal kinship, social recognition, and customary dispute resolution.
Cyber-Duty of Care: Kerangka Hukum Pertanggungjawaban Lembaga Arbitrase Internasional atas Pelanggaran Keamanan Data dalam Persidangan Virtual di Indonesia Afandono Cahyo Putranto; Fakhrul Ardiyan; Irvandi Irvandi; Riski Ari Wibowo; Diani Sadiawati
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10266

Abstract

The increasing adoption of virtual conferencing technology after the COVID-19 pandemic has encouraged the use of online hearings in arbitration proceedings, while also giving rise to risks of confidential data leakage and cybersecurity breaches in transnational commercial disputes. This study aims to analyze the legal framework for the liability of international arbitration institutions for data security breaches in virtual hearings in Indonesia and to reconstruct relevant legal doctrines for the national arbitration regime. This study uses a normative juridical method with statutory, conceptual, and comparative approaches based on functional comparison. The results show that there is no legally binding standardization of cybersecurity protocols for international arbitration institutions in Indonesia, unlike Singapore and the United Kingdom, which already have more comprehensive regulatory frameworks. In addition, the construction of arbitral civil liability in the Indonesian legal system remains fragmented and has not been able to address losses resulting from data breaches in transnational commercial disputes. The conclusion of this study affirms the need to reconstruct the concept of Cyber-Duty of Care as a new legal doctrine in the Indonesian arbitration regime that systematically integrates the principles of personal data protection, cybersecurity standards, and arbitral civil liability. These findings provide a theoretical contribution to the development of arbitration law and data protection in virtual hearings, as well as practical implications for policymakers and arbitration institutions in strengthening data security protocols in international arbitration proceedings in Indonesia.
Peralihan Hak AdSense YouTube sebagai Harta Warisan Mutiara Banjarianty Sundari Syahputeri
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10273

Abstract

Although digital assets have received attention in various previous studies, research that specifically discusses the transfer of rights to sustainable digital income, such as YouTube AdSense, remains limited. This study aims to analyze the legal consequences of YouTube AdSense as inherited property and to formulate a mechanism for transferring its rights to heirs under Indonesian positive law. This study used a normative legal approach with statutory and conceptual approaches. The legal materials used included primary, secondary, and tertiary legal materials, which were analyzed qualitatively. The results showed that YouTube AdSense qualifies as intangible movable property (immateriële goederen) under Article 499 of the Indonesian Civil Code and constitutes an economic right over video content protected by copyright. Thus, this right is automatically transferred to the heirs as part of the estate based on the principle of universal succession (successio ex lege). The conclusion of this study affirms that the inheritance of YouTube AdSense gives rise to a right to royalties as well as an obligation of transparent management for the heirs. Its transfer mechanism requires proof of heir status, administrative verification with the platform, and joint management of the account. These findings provide a theoretical contribution to the development of inheritance law literature related to digital assets as well as practical implications for notaries and policymakers in formulating digital inheritance regulations. Keywords: YouTube AdSense; Digital Inheritance; Digital Assets; Transfer of Rights; Indonesian Inheritance Law
Analisis Pemikiran Imam Syafi’i dan Imam Ibnu Hazm terhadap Cacat sebagai Alasan Perceraian Perspektif Maslahah Mursalah Amelia Rahman; Arsal Arsal
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10279

Abstract

Although defects as grounds for divorce in Islamic law have received attention in various previous studies, research that specifically compares the thought of Imam Syafi’i and Imam Ibnu Hazm from the perspective of maslahah mursalah remains limited. This study aims to analyze the views of Imam Syafi’i and Imam Ibnu Hazm regarding defects as grounds for divorce and their relevance from the perspective of maslahah mursalah. This study used a qualitative approach with a library research design. The data sources consisted of primary sources, namely al-Umm by Imam Syafi’i and al-Muhalla by Imam Ibnu Hazm, as well as secondary sources in the form of books, journals, scientific articles, and other documents relevant to the research theme. Data were collected through documentation and literature study techniques and were then analyzed using inductive, deductive, and comparative methods. The results showed that Imam Syafi’i permitted certain defects to be used as grounds for divorce if such defects obstructed the objectives of marriage and caused harm to the spouse. Conversely, Imam Ibnu Hazm argued that defects could not be used as grounds for divorce because there was no scriptural text that explicitly allowed the annulment of marriage due to defects. This difference in views was influenced by the legal istinbāṭ methods used by the two figures; Imam Syafi’i referred to the Qur’an, Sunnah, ijma’, and qiyas, whereas Imam Ibnu Hazm was more oriented toward a textualist approach to scriptural texts. The conclusion of this study affirms the importance of considering public benefit in understanding the dynamics of contemporary Islamic family law, particularly in relation to divorce due to defects. These findings provide a theoretical contribution to the development of Islamic family law studies by clarifying the relationship between maslahah mursalah, maqasid al-syari’ah, and divorce due to defects.
Implementasi Peraturan Bupati Nomor 9 Tahun 2021 tentang Tata Cara Penghapusan Piutang Pajak Bumi Bangunan Perdesaan dan Perkotaan (PBB-P2) yang Sudah Kedaluwarsa di Kabupaten Dharmasraya Menurut Siyasah Tanfiziyah Sherly Yunita; Helfi Helfi
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10287

Abstract

This study was motivated by the accumulation of overdue Rural and Urban Land and Building Tax (PBB-P2) receivables in Dharmasraya Regency for approximately 16 years, particularly receivables originating from the period before regional expansion and no longer collectible because they had exceeded the time limit stipulated in tax regulations. This condition created administrative problems, affected the quality of regional financial reports, and encouraged the local government to enact Regent Regulation Number 9 of 2021 concerning the procedure for writing off overdue PBB-P2 receivables. However, its implementation still shows discrepancies between policy provisions and field realization, particularly regarding the implementation deadline. This study aims to analyze the implementation of Regent Regulation Number 9 of 2021 and review it from the perspective of siyasah tanfiziyah, particularly in the aspects of justice, trustworthiness, and public benefit. This study used field research with a descriptive qualitative approach. Data were obtained through interviews with relevant informants, namely the Legal Division of the Regional Secretariat, the Regional House of Representatives, and the Regional Finance Agency, as well as documentation in the form of archives, documents, and decrees on the write-off of receivables. The data were analyzed through the stages of data collection, data reduction, and conclusion drawing. The results showed that policy implementation had proceeded according to procedure and reflected the principle of accountability. From the perspective of siyasah tanfiziyah, this policy has fulfilled the principles of justice, trustworthiness, and public benefit, although obstacles remain in the form of incomplete data, changes in administrative regions, limited resources, and suboptimal interinstitutional coordination. The conclusion of this study affirms that the write-off of overdue PBB-P2 receivables is an important administrative and legal measure for improving regional financial governance. These findings contribute to the development of public policy studies and Islamic constitutional law and have practical implications for local governments in strengthening accountability, coordination, and accuracy in implementing regional receivables write-off policies.
Putusan Kumulasi Isbat Nikah dengan Cerai Gugat Perkara Nomor 115/Pdt.G/2025/PA.Min Perspektif Istihsan bi al-Maslahah Miftahul Hamdi; Raymond Dantes
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10296

Abstract

The cumulation of marriage legalization and wife-initiated divorce in religious court practice has received attention in various studies, yet studies specifically discussing the application of istihsan bi al-maslahah in judges’ considerations in such cumulative cases remain limited. This study aims to analyze the judges’ legal considerations in Decision of the Maninjau Religious Court Number 115/Pdt.G/2025/PA.Min concerning the cumulation of marriage legalization and wife-initiated divorce from the perspective of istihsan bi al-maslahah. This study used a qualitative approach with a normative juridical and case study design. The main data source was Decision of the Maninjau Religious Court Number 115/Pdt.G/2025/PA.Min, which was purposively selected together with relevant legal documents and literature. The data were collected through documentation and library research, then analyzed descriptively and qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The results show that the panel of judges granted the petition for marriage legalization and wife-initiated divorce by considering public benefit, the protection of women’s rights, and the prevention of harm resulting from the unclear legal status of an unregistered marriage. These considerations reflect the application of istihsan bi al-maslahah through an orientation toward substantive justice, rather than merely the application of administrative formalities. This study contributes to the development of Islamic legal studies, particularly ushul fiqh and Islamic family law, and expands understanding of the practice of judicial ijtihad within the Religious Courts in Indonesia. Its implications include the theoretical strengthening of the concept of maqasid al-syari‘ah and the provision of practical considerations for religious courts in resolving contemporary Islamic family cases.

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