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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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Efektivitas Peraturan Nagari Suayan Nomor 3 Tahun 2016 Pasal 8 tentang Pemberlakuan Jam Malam bagi Remaja Menurut Fiqh Siyasah Tanfidziyah Yoni Yolanda; 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.v5i3.10443

Abstract

Although Nagari Suayan Regulation Number 3 of 2016 Article 8 concerning curfew restrictions for adolescents has been implemented to maintain public morality and security, violations are still found in practice due to resistance from adolescents who feel that their freedom is restricted, as well as limited resources and the limited capacity of officials to conduct optimal supervision. This study aims to analyze the effectiveness of the implementation of Nagari Suayan Regulation Number 3 of 2016 Article 8 concerning curfews for adolescents and to review it from the perspective of Fiqh Siyasah Tanfidziyah. This study used field research with a descriptive qualitative approach. Primary data were collected through direct observation and in-depth interviews with the Nagari Head, nagari officials, and local community leaders. The results showed that, in terms of substance and legal foundation, this regulation was considered appropriate and aligned with the principles of Fiqh Siyasah Tanfidziyah because it is oriented toward public benefit and the protection of the younger generation from various potential dangers. However, the effectiveness of its implementation still needs to be improved because socialization has not been optimal and rule enforcement has not been carried out firmly. The conclusion of this study affirms that Nagari Suayan Regulation Number 3 of 2016 Article 8 has a relevant normative basis and socio-religious purpose, but it requires stronger implementation so that the objective of controlling curfews for adolescents can be achieved optimally. These findings imply the importance of improving socialization, supervision, and consistency in rule enforcement by the nagari government in realizing social order based on public benefit.
Implementasi Ramah Mazhab di Masjid Raya Syekh Ahmad Khatib al-Minangkabawi Sumatera Barat Azka Ummah; Mahlil Bunaiya
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.v5i3.10456

Abstract

Religious school diversity within Muslim communities requires an inclusive religious space to strengthen tolerance, coexistence, and social cohesion. This study examines the implementation of the “Ramah Mazhab” approach at the Syekh Ahmad Khatib Al-Minangkabawi Grand Mosque of West Sumatra as a mosque that plays an important role in promoting inter-school tolerance amid a society with strong historical and cultural ties to Islamic law. This study aims to understand the application of the “Ramah Mazhab” concept in encouraging acceptance, respect, and coexistence among various schools of Islamic jurisprudence in Islamic religious practice. This study used a qualitative approach through field observation, interviews with religious figures, and analysis of local religious practices. The results showed that the Syekh Ahmad Khatib Al-Minangkabawi Grand Mosque successfully integrated diverse school-based practices without neglecting the spirit of congregational unity. This inclusive approach contributed to reducing the potential for sectarian conflict, strengthening social cohesion, and enhancing the religious experience of congregants within a more open mosque environment. The conclusion of this study affirms that the implementation of “Ramah Mazhab” at the SAKA Grand Mosque can serve as a model for managing religious institutions that are responsive to school-of-jurisprudence diversity. The implications of this study indicate the importance of strengthening inclusive religious approaches for mosques and other Islamic institutions in building harmony, tolerance, and Muslim unity amid diverse Muslim communities.
Model Mediasi Berbasis Maqāṣid al-Syarī‘ah dalam Penyelesaian Konflik Rumah Tangga Era Zufialina; Ahmad Syafruddin
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.v5i3.10458

Abstract

Family conflicts often arise from interconnected psychological, economic, communication, and violence-related factors, while conventional mediation models are often procedural and less sensitive to emotional inequality and power relations. This study aims to formulate a mediation model for resolving family conflicts based on the principles of maqāṣid al-syarī‘ah. This study used a qualitative descriptive method with a normative-analytical approach through an analysis of classical uṣūl al-fiqh literature, contemporary studies, and Perma No. 1/2016 regulations. The results show that the integration of the five objectives of maqāṣid, namely the protection of religion, life, intellect, lineage, and property, provides a substantive ethical foundation for a mediation process that emphasizes justice, safety, and the sustainability of agreements. The Islamic family mediation model is formulated in four systematic stages, namely pre-mediation through self-assessment and emotional readiness, mediation implementation through maslahat–mafsadat assessment and empathetic communication, agreement formulation through justice-based validation, and post-mediation monitoring oriented toward child protection and the continuity of agreements. The conclusion of this study affirms that the maqāṣid al-syarī‘ah-based mediation model is more responsive, humane, and relevant in addressing the complexity of modern family conflicts. The contribution of this study lies in the formulation of an operational framework for Islamic family mediation that integrates normative, ethical, and practical dimensions to strengthen conflict resolution within families and religious court institutions.
Harmonisasi dan Eksekutif Review dalam Pengawasan dan Pembatalan Peraturan Kepala Daerah di Indonesia Desip Trinanda; Wiana Perista
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.v5i3.10461

Abstract

Institutional overlap and procedural inefficiency between the Ministry of Law and Human Rights and the Ministry of Home Affairs in the harmonization and supervision of regional regulations have implications for the emergence of legal uncertainty at the regional level. This study aims to analyze the juridical implications of the shift in authority over the harmonization of Draft Regional Head Regulations based on Law Number 13 of 2022, evaluate the dualism of executive regulatory review at the regional level, and formulate an ideal model of regulatory supervision within the framework of the Unitary State of the Republic of Indonesia. This study used a normative juridical approach with a conceptual design and a statutory approach. Primary and secondary legal materials were collected through a literature study of relevant legislation and court decisions, then analyzed qualitatively through systematic and teleological interpretation. The results show that although executive review of Regional Regulations has been conditionally invalidated by the Constitutional Court, executive review of Regional Head Regulations remains constitutional as a form of hierarchical supervision within the realm of state administration or bestuur. However, the harmonization process conducted by the Ministry of Law and Human Rights, which runs in parallel with evaluation by the Ministry of Home Affairs, creates procedural inefficiency and an anomaly of pseudo-harmonization, especially when drafts are unilaterally amended after the harmonization process. The conclusion of this study emphasizes the importance of a clear demarcation line between the harmonization of formal-legality aspects by the Ministry of Law and Human Rights and the evaluation of policy-substance aspects by the Ministry of Home Affairs to ensure legal certainty. The theoretical contribution of this study lies in strengthening the governance of central–regional relations, while its practical implications take the form of recommendations for a sequential collaboration framework and the development of a nationally integrated one-stop digital supervision portal.
Transformasi Hukum Keluarga Islam dalam Perspektif Kesetaraan Gender Analisis Perbandingan Indonesia dan Maroko Widia Usada; Sukiati Sukiati; Iwan Iwan
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.v5i3.10463

Abstract

The debate on gender relations in Islamic family law has intensified alongside increasing demands for the protection of women’s rights, legal modernization, and regulatory harmonization with the principles of justice and human rights. This condition makes family law reform an important issue in the legal systems of Muslim countries. This study aims to analyze gender equality policies in Islamic marriage law through a comparative study between Indonesia and Morocco. This study used a normative legal method with statutory and comparative approaches to the main regulations, namely Law Number 1 of 1974 concerning Marriage in Indonesia and the Mudawwanah in Morocco. The results showed that Indonesia and Morocco adopted different models of family law reform. Indonesia applies normative equality that is still influenced by patriarchal and hierarchical structures, whereas Morocco has developed the concept of husband–wife partnership through a more progressive reinterpretation of Islamic law. The conclusion of this study affirms that Islamic family law reform in both countries is equally directed toward strengthening gender equality, but Morocco, through the Mudawwanah, demonstrates more progressive changes in protecting the rights of women and children than Indonesia. The implications of this study indicate that Islamic family law reform needs to continue to be directed toward strengthening the principles of gender equality, the protection of women’s rights, and family justice without disregarding the fundamental values of Islamic law.
Strategi Pemberdayaan Mustahik Berbasis Zakat Produktif pada BAZNAS Kabupaten Jepara Ita Noviana; Izza Luthfi Suryani
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.v5i3.10472

Abstract

Although productive zakat has been widely examined in the Islamic economics literature, studies that specifically investigate mustahik empowerment strategies by zakat management institutions at the regional level remain limited. This study aims to analyze the productive zakat-based mustahik empowerment strategy implemented by BAZNAS of Jepara Regency. This study used a qualitative approach involving 15 informants, consisting of 9 managers of BAZNAS of Jepara Regency and 6 mustahik recipients of the productive zakat program. Data were collected through in-depth interviews, observation, and documentation, then analyzed using the Miles, Huberman, and Saldaña interactive model, which includes data reduction, data display, and conclusion drawing. The results showed that the empowerment strategy of BAZNAS of Jepara Regency was carried out through four main stages, namely beneficiary selection, business capital distribution, business mentoring, and program monitoring and evaluation. The productive zakat program contributed to improving the business capacity and economic independence of most mustahik, although program outcomes showed variation influenced by business management ability and market conditions. The conclusion of this study emphasizes that continuous mentoring and supervision are important factors in increasing the effectiveness of productive zakat programs. These findings contribute to the development of empowerment theory and enrich the literature on productive zakat management in the context of regional zakat institutions. The implications of this study provide input for zakat management institutions in strengthening mentoring systems and designing more sustainable economic empowerment programs.
Islamic Family Law and the Dynamics of Household Harmony: A Literature Review Nahdiya ‘Atiqah
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.v5i3.10477

Abstract

Household harmony remains a central concern in contemporary Muslim family life, particularly amid social change, shifting family roles, and increasing marital conflict. This study examines the role of Islamic family law in achieving household harmony through a descriptive qualitative library research approach. Data were drawn from books, national and international journal articles, theses, laws and regulations, including Law No. 1 of 1974 and the Compilation of Islamic Law, and other relevant scholarly sources. The analysis synthesized conceptual and empirical literature on the purposes of marriage, spousal rights and obligations, child protection, conflict resolution, and the application of Islamic family law in contemporary society. The findings show that Islamic family law functions not only as a legal framework but also as an ethical and educational guide for fostering sakinah, mawaddah, and rahmah within the family. It supports household harmony by clarifying role distribution, promoting justice, protecting children’s rights, and institutionalizing deliberation (shura) and mediation (hakam) as mechanisms for resolving disputes and minimizing divorce. Effective implementation, reflected in mutual responsibility, open communication, equitable role-sharing, and child protection, is associated with stronger marital stability, improved child psychosocial well-being, and greater family resilience. Conversely, limited understanding or misapplication of Islamic family law principles may contribute to conflict, role uncertainty, and increased divorce risk. The study concludes that strengthening the comprehension and contextual application of Islamic family law is essential for sustaining harmonious and resilient Muslim households in the modern era. This study contributes to Islamic family law discourse by emphasizing its preventive, ethical, and restorative functions, with practical implications for premarital counselling, community education, and legal-social services.
Perbandingan Hukum Pers Indonesia dan Thailand dalam Perspektif Hukum Tata Negara Sari Febriyana Muriya; Erlina Erlina
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.v5i3.10485

Abstract

Freedom of the press is an important element in a democratic state, but its regulation and restriction differ in each country according to the constitutional character adopted. Indonesia and Thailand show fundamental differences in providing protection for freedom of the press, making it important to examine the relationship between a state’s constitutional character and the model of protection and restriction of press freedom. This study aims to analyze the comparison of press freedom regulation in Indonesia and Thailand from the perspective of constitutional law and to assess its conformity with the principles of the rule of law and human rights. This study is normative legal research using statutory, conceptual, and comparative approaches. Legal materials were collected through a literature study of laws and regulations, legal doctrines, and international human rights instruments, then analyzed juridically and comparatively. The results showed that Indonesia, as a state with the character of constitutional democracy, positions freedom of the press as a human right protected by the constitution through the 1945 Constitution of the Republic of Indonesia and Law Number 40 of 1999 concerning the Press, and is further strengthened by the existence of the Press Council as an independent institution. Conversely, Thailand, as a state characterized by constitutional monarchy, provides strong protection for the royal institution through Article 6 of the 2017 Constitution and Article 112 of the Thai Criminal Code, which restrict press freedom through the criminalization of criticism of the monarchy. Based on the principles of the rule of law, human rights, and General Comment No. 34 of the UN Human Rights Committee, Indonesia’s system of press freedom restrictions generally better fulfills the principles of legality, legitimate aim, and proportionality than Thailand’s system. The conclusion of this study affirms that the constitutional character of a state influences the level of protection and restriction of press freedom. These findings imply the importance of strengthening press regulations that are democratic, proportional, and human rights-oriented, as well as developing comparative constitutional law studies on the relationship between constitutional design and the protection of press freedom.
Konstruksi Pembagian Peran Suami dan Istri dalam Hukum Keluarga Islam: Perspektif Teori Fungsionalisme Struktural Jihan Al Layyinah; Heni Satar Nurhaida; Mushbihah Rodliyatun
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.v5i3.10491

Abstract

The division of roles between husband and wife in Islamic Family Law is a normative construction aimed at realizing a harmonious, prosperous, and sustainable family. Contemporary social changes, particularly the increasing participation of women in the public and economic sectors, have driven a transformation in relational patterns within Muslim families, so that the division of roles can no longer be understood rigidly. This study aims to analyze the construction of the division of roles between husband and wife in Islamic Family Law through the perspective of structural functionalism theory. This study used a normative legal method with a library research approach through a review of relevant legal sources and literature. The results showed that the division of roles between husband and wife has a social function in maintaining family stability, integration, and continuity, but this function does not have to be realized through fixed and hierarchical role patterns. Family stability is more determined by the success of husband and wife in carrying out family functions according to needs, public benefit, and the developing social context. The conclusion of this study affirms that the construction of role division in Muslim families needs to be understood functionally, namely by maintaining the fundamental goals and values of the family without closing the space for adaptation to social change. The contribution of this study lies in the development of the concept of functional flexibility, namely the understanding that what needs to be maintained in Muslim families is not a rigid form of role division, but rather the functions, goals, and public benefit to be achieved through that division of roles.
Penerapan Akad Salam pada Sistem Pre-Order Marketplace: Studi Kritik Keabsahan Transaksi Hasyim Mustofa; Munawir Munawir
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.v5i3.10507

Abstract

Although Islamic contracts for deferred delivery transactions have been widely studied, research that critically analyzes the validity of Pre-Order (PO) mechanisms on digital marketplace platforms from the perspective of Islamic commercial jurisprudence remains limited. This study aims to analyze the compatibility of PO transactions in digital marketplaces with the provisions of the Salam contract in classical Islamic jurisprudence. This study used a normative juridical approach through library research by analyzing primary sources in the form of classical fiqh texts, DSN-MUI fatwas, and contemporary Islamic economics studies. The data were analyzed using descriptive-analytical content analysis on three dimensions, namely the pillars and conditions of the Salam contract, the legal position of the marketplace as a third party, and the cancellation mechanism and delivery time provisions. The results showed that PO transactions structurally resemble the Salam contract, but the Down Payment (DP) system commonly applied has the potential to violate the prohibition of bay’ al-kali’ bil kali’. However, if the marketplace is positioned as the seller’s agent through an escrow system, the requirement of cash payment in advance can be fulfilled. The conclusion of this study affirms that full payment and clear product specifications are the minimum requirements for Salam contract compliance in PO transactions on marketplaces. The implications of this study provide theoretical contributions to the development of Islamic e-commerce jurisprudence and practical recommendations for marketplace governance based on sharia principles that are more consistent with the principles of Islamic commercial jurisprudence.

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