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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 531 Documents
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Dispensasi Nikah dan Disfungsi Regulasi Usia Nikah: Telaah Putusan Pengadilan Agama Boyolali Perspektif Teori Sistem Jasser Auda Mahmuduzzaman Mahmuduzzaman; Siti Zumrotun
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.v5i3.11082

Abstract

The increase in the minimum age of marriage to 19 years through Law Number 16 of 2019 is a legal policy aimed at strengthening child protection, preventing early marriage, and improving family quality. However, the increasing practice of marriage dispensation raises issues regarding the effectiveness of this regulation in achieving the expected legal objectives. This study aims to analyze the effectiveness of the implementation of marriage dispensation after the enactment of Law Number 16 of 2019 and to examine judges’ considerations from the perspective of Jasser Auda’s maqāṣid al-syarī'ah system. This study is empirical legal research using a socio-legal research approach. Primary data were obtained through the analysis of three decisions of the Boyolali Religious Court, namely Decision Number 171/Pdt.P/2024/PA.Bi, Decision Number 19/Pdt.P/2026/PA.Bi, and Decision Number 110/Pdt.P/2026/PA.Bi, which were selected purposively because they represent variations in the reasons for granting marriage dispensation. The data were analyzed qualitatively through data reduction, data display, and conclusion drawing using the perspective of Jasser Auda’s maqāṣid al-syarī'ah system. The results showed that the practice of marriage dispensation is still dominated by considerations of pregnancy outside marriage, biological relations between prospective spouses, concerns about the occurrence of prohibited acts, and considerations of public benefit that are casuistic in nature. This condition indicates that the phrase “urgent reasons” does not yet have clear operational parameters, thereby opening wide room for judicial discretion. As a result, marriage dispensation has undergone a functional shift from an exception mechanism to a legal instrument that is relatively frequently used to legitimize underage marriage. From the perspective of Jasser Auda’s maqāṣid al-syarī'ah system, the implementation of the regulation has not fully realized child protection and public benefit comprehensively because it is more oriented toward resolving short-term problems than achieving long-term legal objectives. The conclusion of this study affirms the need to strengthen the parameters of “urgent reasons” and ensure consistency in applying the principle of the best interests of the child so that marriage dispensation can return to its function as an exceptional legal mechanism and support the effectiveness of the policy limiting the minimum age of marriage.
Analisis Implementasi Kebijakan Angkutan Umum oleh Pemerintah Kabupaten Sijunjung dalam Perspektif Fiqih Siyasah Tanfidziyah Daswita; Raymond Dantes
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.11100

Abstract

Public transportation is a basic societal need whose provision is the responsibility of the government, as stipulated in Government Regulation Number 74 of 2014 concerning Road Transportation. However, in recent years, Sijunjung Regency has faced a shortage of public transportation that has even led toward the disappearance of such services. This study aims to analyze the implementation of public transportation policy based on Government Regulation Number 74 of 2014 and examine it from the perspective of fiqh siyasah tanfidhiyyah. The study employed a qualitative approach with a field research design. Data were collected through interviews, observations, and documentation. The findings indicate that the implementation of public transportation policy in Sijunjung Regency has not been effective because several requirements, such as the obligation to obtain legal entity status, high licensing costs, and stringent vehicle standards, are not aligned with the region’s economic and geographical conditions. From the perspective of fiqh siyasah tanfidhiyyah, the policy has not fully realized the public interest because its implementation has instead created difficulties for the community and transportation operators and has not reflected the principles of justice and the prohibition against burdening people beyond their capacity. This study concludes that the implementation of public transportation policy requires adjustment to the region’s social, economic, and geographical conditions to become more effective, equitable, and oriented toward public welfare. These findings have implications for local governments in formulating more adaptive implementation policies to ensure the sustainability of public transportation services in Sijunjung Regency.
Pelecehan Seksual “Begal Payudara” dalam Perspektif Hukum Pidana Islam: Analisis Putusan 47/PID.SUS/2023/PN BKT Nur Azizah Syahdia; Busyro Busyro
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.v5i3.11115

Abstract

The prevalence of sexual harassment cases in the form of “breast grabbing” has caused public anxiety, particularly when criminal verdicts are considered relatively lenient compared with the charges, as reflected in Decision Number 47/Pid.Sus/2023/PN Bkt. This study aims to analyze the judge’s considerations in the decision and examine its conformity from the perspective of Islamic criminal law. This study used field research with a qualitative approach. Primary data were obtained through interviews with judges, while secondary data were derived from court decisions, books, and journals. The data were analyzed descriptively and analytically. The results show that the judge based the decision on the fulfillment of the elements of the criminal act of indecent assault against a child in accordance with statutory provisions, while also considering reconciliation and compensation as mitigating factors. From the perspective of Islamic criminal law, the act corresponds to the concept of jarimah hirabah because it contains elements of violence, terror, and the violation of honor in public spaces. The conclusion of this study emphasizes that although the judge’s decision fulfilled formal juridical aspects, the sanction imposed did not fully reflect the severity of the crime, which has a broad impact on the community’s sense of security from the perspective of Islamic criminal law. The implications of this study indicate the need for evaluation in law enforcement and the strengthening of stricter criminal policies against sexual crimes.
Tradisi Mairiangan Jawi dari Pihak Bapak Mandeh Saat Walimatul Urs di Nagari Batu Gadang Kecamatan Sungai Geringging Kabupaten Padang Pariaman Perspektif Maslahah Mursalah Iren Kalista; Muhammad Ridha
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.11117

Abstract

Although the mairiangan jawi tradition performed by the bapak mandeh during walimatul urs in Nagari Batu Gadang continues to be maintained as part of customary practice, the obligation to provide a cow has the potential to impose an economic burden on those responsible for fulfilling it. This study aims to analyze the implementation process of the mairiangan jawi tradition and examine it from the perspective of maslahah mursalah. This study employed a qualitative approach with a field research design. Data were collected through observation, interviews, and documentation involving the wali nagari, ninik mamak, and members of the Nagari Batu Gadang community. The data were analyzed using qualitative descriptive analysis through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the mairiangan jawi tradition was implemented through determining the day of the alek, delivering an invitation to the bapak mandeh, conducting a preparatory deliberation, providing a female cow, performing the mairiangan jawi procession, conducting a customary reception, and carrying out baetong. This tradition embodies the values of respect, mutual cooperation, solidarity, family responsibility, and economic support for the bridal couple. From the perspective of maslahah mursalah, the mairiangan jawi tradition can be maintained because it does not conflict with Islamic legal texts, provides tangible benefits, strengthens social bonds, and reinforces family relationships. However, its implementation must continue to consider the economic capacity of the bapak mandeh to avoid imposing an excessive burden. This study confirms that the mairiangan jawi tradition constitutes local wisdom that is consistent with the principles of Islamic law, provided that it is implemented proportionately, does not involve coercion, and prioritizes the realization of benefits and the prevention of harm.
Pelaksanaan Program Calon Pengantin Menanam Berdampak di KUA Payakumbuh Selatan dalam Perspektif Maslahah Mursalah Mardiati; Ismail
AHKAM Vol 5 No 4 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i4.11119

Abstract

The Calon Pengantin Menanam Berdampak (Catin Nampak) Program, launched by the Regional Office of the Ministry of Religious Affairs of West Sumatra Province on October 6, 2025, is an innovation in religious services that requires prospective married couples to plant fruit-bearing trees before their marriage ceremony. Because the program has no legal basis explicitly stipulated in scriptural texts, its implementation needs to be examined from the perspective of maslahah mursalah. This study aims to analyze the implementation of the Catin Nampak Program at the South Payakumbuh Religious Affairs Office and assess its conformity with the principles of maslahah mursalah. The study employed a field research method with descriptive qualitative and Islamic normative-juridical approaches. Data were collected through observations, interviews with marriage registrars and prospective married couples, and document analysis and were subsequently analyzed using descriptive qualitative analysis. The findings indicate that the program was implemented through three stages: providing guidance on preparing seedlings during marriage registration, planting trees at a mosque with assistance from Religious Affairs Office personnel, and direct tree planting by the prospective married couples. Based on the analysis, the program fulfills three requirements of maslahah mursalah: alignment with the objectives of Islamic law, provision of rational and empirical benefits, and orientation toward the public interest. This study concludes that the Catin Nampak Program may be regarded as a legitimate policy from the perspective of maslahah mursalah. These findings indicate that the program contributes to strengthening religious services oriented toward environmental conservation and may serve as a model for public policy based on Islamic values and environmental sustainability.
Urgensi Saksi dalam Permohonan Cerai Talak menurut Fiqih Munakahat (Studi Putusan Nomor: 450/PDT.G/2025/PA.LK Pengadilan Agama Tanjung Pati) Natasya Pratama Putri; Endri Yenti
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.v5i3.11148

Abstract

Although studies on evidence in divorce cases have been widely conducted, research that specifically integrates judicial considerations with the perspective of fiqh munakahat regarding the urgency of witnesses in petitions for divorce by talak remains limited. This study aims to analyze judicial considerations regarding witness evidence in Decision Number 450/Pdt.G/2025/PA.LK of the Tanjung Pati Religious Court and to examine the urgency of witnesses from the perspective of fiqh munakahat. This study used a qualitative approach with a case study design. The research informants were selected through purposive sampling, including judges of the Tanjung Pati Religious Court who handled the related case. Data were collected through interviews, documentation, and observation, then analyzed using the interactive analysis model of Miles, Huberman, and Saldaña, which includes data condensation, data display, and conclusion drawing. The results show that the petition for divorce by talak was rejected because the testimony submitted did not meet the required evidentiary strength, particularly because the witnesses did not have direct knowledge of the disputed events. This finding affirms that witnesses hold an important position in the evidentiary system of divorce by talak cases, both from the perspective of civil procedural law and fiqh munakahat. The conclusion of this study shows that the quality of testimony is a crucial aspect in realizing legal certainty and justice in the resolution of divorce cases. The implications of this study include theoretical contributions to the development of Islamic family law studies and practical implications for judges, academics, and the public in understanding the urgency of valid, relevant, and accountable witness evidence.
Tinjauan ‘Urf terhadap Denda Akibat Pembatalan Batando (Studi di Nagari Taeh Bukik Kabupaten Lima Puluh Kota) Ulvia Bunga Lestari; Dahyul Daipon
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.v5i3.11149

Abstract

Although the practice of fines due to the cancellation of batando in Minangkabau society has received attention in studies of customary law and Islamic law, research that specifically analyzes the implementation of fines for the cancellation of batando in Nagari Taeh Bukik from the perspective of ‘urf remains limited. This study aims to analyze the implementation of fines resulting from the cancellation of batando and to assess their conformity with the concept of ‘urf in Islamic law. This study used a qualitative approach with a case study design. The research participants consisted of ninik mamak, customary leaders, community leaders, and parties who had been involved in the cancellation of batando, selected through purposive sampling. Data were collected through semi-structured interviews, observation, and documentation, then analyzed using an interactive analysis model comprising data reduction, data display, and conclusion drawing. The results show that a customary fine of five units of gold is imposed on the party who cancels the batando based on the agreement of the parties from the beginning of the proposal procession. The implementation of this fine aims to maintain family honor, strengthen responsibility, and prevent social conflict. Viewed from the perspective of ‘urf, this practice is a custom that lives within the community and can be accepted as long as it fulfills the principles of public benefit, justice, and does not contradict Islamic law. The conclusion of this study affirms that fines for the cancellation of batando can be understood as a customary mechanism that functions to maintain social harmony while also having relevance to the principles of Islamic law. The implications of this study include theoretical contributions to the development of Islamic family law studies, particularly regarding the relationship between Minangkabau customary law and the concept of ‘urf, as well as practical implications for customary communities and policymakers in resolving proposal disputes fairly, beneficially, and in accordance with the values of Islamic law.
Analisis Penetapan Hakim Pengadilan Agama Maninjau Nomor: 23/Pdt.P/2024/PA.Min tentang Penetapan Dzawil Arham sebagai Ahli Waris Perspektif Maslahah Yusrizal Hamid; 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.v5i3.11150

Abstract

Although the designation of dzawil arham as heirs in Islamic inheritance law has received attention in various studies, studies that specifically discuss judicial considerations in the Determination of the Maninjau Religious Court Number 23/Pdt.P/2024/PA.Min from the perspective of maslahah remain limited. This study aims to analyze the judges’ legal considerations in designating dzawil arham as heirs and to assess their conformity from the perspective of maslahah. This study used a qualitative approach with a normative-empirical and descriptive-analytical design. The research participants consisted of judges of the Maninjau Religious Court selected through purposive sampling. Data were collected through literature study, document analysis of Determination Number 23/Pdt.P/2024/PA.Min, and semi-structured interviews, then analyzed qualitatively using a deductive approach. The results show that the designation of dzawil arham as heirs was based on proof of lineage, the absence of heirs from the categories of ashabul furudh and ashabah, as well as considerations of benefit and justice in line with the objectives of Islamic law (maqashid al-syari‘ah). This finding contributes to the development of maslahah theory in the practice of legal discovery (rechtsvinding) within the Religious Courts and broadens understanding of the application of Islamic inheritance law in the context of the Indonesian judiciary. The conclusion of this study affirms the importance of integrating positive law and the principle of maslahah in resolving inheritance cases, particularly in cases that are not explicitly regulated. The implications of this study indicate the need to optimize the benefit-oriented approach by judges in deciding inheritance cases and open opportunities for comparative studies on the designation of dzawil arham in various Religious Courts in Indonesia.
Tradisi Manjopuk Suami Jo Carano pada Hari Kematian Istri di Nagari Sarilamak Kabupaten Lima Puluh Kota Perspektif Maslahah Wara Aini; Sofia Ridha
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.v5i3.11151

Abstract

Although the tradition of manjopuk suami jo carano as part of Minangkabau customary law has received attention in several studies, studies that specifically analyze this tradition in Nagari Sarilamak, Lima Puluh Kota Regency, from the perspective of maslahah remain limited. This study aims to analyze the implementation of the manjopuk suami jo carano tradition and examine its relevance from the perspective of maslahah. This study used a qualitative approach with a field research design, involving informants consisting of ninik mamak, community leaders, and husbands who had undergone the tradition, selected through purposive sampling. Data were collected through observation, semi-structured interviews, and documentation, then analyzed through the stages of data reduction, data display, and conclusion drawing and verification. The results show that the manjopuk suami jo carano tradition is still maintained as a form of respect for the husband and his family, as well as a marker of the end of the husband’s status as urang sumando after his wife has passed away. Although it does not have binding customary sanctions, this tradition continues to be practiced because it contains values of togetherness, maintains kinship ties, and strengthens interfamily relationships. From the perspective of maslahah, this tradition contains benefit because it does not contradict the principles of Islamic law and supports the realization of social harmony. The conclusion of this study affirms that the manjopuk suami jo carano tradition can be understood as a customary practice that has socio-religious value and is relevant to the principle of public benefit. The implications of this study include theoretical contributions to the development of Islamic Family Law studies through the application of maslahah theory in analyzing Minangkabau customary traditions, as well as practical implications for communities and customary stakeholders in preserving traditions that are in accordance with the values of Islamic law.
Analisis terhadap Putusan PA Koto Baru Nomor 18/Pdt.P/2025/PA.Kbr tentang Penolakan Dispensasi Nikah Pasca Khalwat Perspektif Sadd Adz-Dzari’ah Yudia Permata Sari; Maizul Imran
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.v5i3.11234

Abstract

Although marriage dispensation has received considerable attention in various studies of Islamic family law, research specifically examining the rejection of marriage dispensation following khalwat from the perspective of sadd al-dzari’ah remains limited. This study aimed to analyze the judge’s considerations in Koto Baru Religious Court Determination Number 18/Pdt.P/2025/PA.Kbr concerning the rejection of marriage dispensation following khalwat and to examine the determination from the perspective of sadd al-dzari’ah. The study employed a qualitative approach with a legal case study design. Data were obtained through observation, semistructured interviews with the judge who handled the case, and documentation comprising the court determination and relevant laws and regulations. The data were analyzed using qualitative descriptive analysis through the stages of data reduction, data display, and conclusion drawing. The findings showed that the rejection of marriage dispensation was based on the applicants’ failure to meet the minimum marriage age, the psychological immaturity of the prospective spouses, the protection of children’s rights, and the absence of urgent grounds as stipulated in Supreme Court Regulation Number 5 of 2019. From the perspective of sadd al-dzari’ah, the judge’s determination reflected an effort to block avenues that could potentially cause greater harm in order to realize public benefit and child protection. This study confirms that judicial considerations in marriage dispensation cases are oriented not only toward formal legal aspects but also toward preventing harm and fulfilling the best interests of the child. These findings contribute to the development of Islamic family law studies, particularly regarding the application of sadd al-dzari’ah in resolving marriage dispensation cases, and imply the importance of judicial consistency in prioritizing the principles of child protection and public benefit in every examination of a marriage dispensation application.

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