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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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Pembayaran Sanksi Adat untuk Penetapan Nasab Anak dalam Perspektif Hukum Islam (Studi Kasus di Nagari Simpang Tonang Kecamatan Dua Koto Kabupaten Pasaman) Neny Tria Ulvades; Muhammad 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.v5i3.11241

Abstract

The determination of a child’s lineage under customary law and Islamic law has received attention in various studies, but research specifically examining the payment of customary sanctions as a basis for recognizing a child’s lineage in customary communities from the perspective of Islamic law remains limited. This study aimed to analyze the practice of paying customary sanctions in determining a child’s lineage in Nagari Simpang Tonang, Dua Koto Subdistrict, Pasaman Regency, and to examine its status from the perspective of Islamic law. The study employed a qualitative approach with a case study design. Informants were selected through purposive sampling and included ninik mamak, alim ulama, nagari officials, and community members who understood the practice of paying customary sanctions. Data were collected through interviews, observation, and documentation and were subsequently analyzed using qualitative descriptive analysis through data reduction, data display, and conclusion drawing. The findings showed that the payment of customary sanctions functions as a social settlement mechanism to restore family honor, maintain social order, and provide social recognition to children born from pregnancies outside marriage. However, from the perspective of Islamic law, the payment of customary sanctions cannot serve as a basis for determining lineage because lineage can only be established in accordance with the provisions of Sharia. This study confirms that the applicability of customary law in matters of lineage is limited by the principles of Islamic law. These findings strengthen the application of ‘urf theory in analyzing the relationship between customary law and Islamic law and imply the importance of harmonizing customary values with Sharia provisions in resolving family-related issues. The results of this study can serve as a consideration for customary leaders, religious leaders, and the nagari government in formulating policies that continue to address the social interests of the community without contradicting the principles of Islamic law.
Implementasi Undang-Undang Nomor 22 Tahun 2009 pada Pengawasan Jembatan Timbang Sungai Lansek Perspektif Siyasah Tanfiziyah Nila Maharani; Ali Rahman
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.v5i4.11247

Abstract

Although weighbridge supervision is an important instrument for enforcing Law Number 22 of 2009 to ensure traffic safety and protect road infrastructure, its implementation at the Sungai Lansek Motor Vehicle Weighing Implementation Unit (UPPKB) continues to face various constraints, resulting in suboptimal supervisory effectiveness. This study aimed to analyze the implementation of Law Number 22 of 2009 in the supervision of the Sungai Lansek Weighbridge and examine it from the perspective of Siyasah Tanfiziyah. The study employed a qualitative approach with a case study design. Data were collected through observation, interviews, and documentation involving UPPKB officers, truck drivers, and community members. The data were then analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that supervision had been conducted through document inspection, examination of the physical condition and dimensions of vehicles, vehicle weighing, and enforcement in accordance with standard operating procedures. However, the effectiveness of supervision remained constrained by limited human resources, budgets, and supporting facilities, suboptimal interagency coordination, and low driver compliance, as drivers avoided weighing because they carried excessive loads and considered economic factors. From the perspective of Siyasah Tanfiziyah, the implementation of supervision had essentially reflected the principles of justice, trustworthiness, and public welfare, although its implementation was not yet fully optimal. This study contributes to the development of Siyasah Tanfiziyah studies in transportation policy implementation and provides practical implications regarding the need to strengthen resources, improve interagency coordination, and optimize the supervision system to enhance driver compliance, traffic safety, and the protection of road infrastructure.
Pandangan Masyarakat terhadap Walimatul ‘Urs Janda Bakirai di Kenagarian Koto Sani Kecamatan X Koto Singkarak Kabupaten Solok Jumelda Zalimah; Sofia 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.v5i4.11248

Abstract

Differences in the implementation of walimatul ‘urs for janda bakirai and unmarried women in Kenagarian Koto Sani have generated diverse community views, particularly regarding restrictions on the form of the wedding celebration and the imposition of a customary sanction in the form of a fine of two emas for violators. This study aimed to analyze the implementation of walimatul ‘urs for janda bakirai and community views regarding these customary provisions. The study employed a qualitative approach with a descriptive field research design. Primary data were obtained through interviews with customary leaders, members of the Kerapatan Adat Nagari, community leaders, and janda bakirai, whereas secondary data were derived from books, journals, and supporting documents. Data were collected through observation and interviews and were subsequently analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that the implementation of walimatul ‘urs for janda bakirai differed from that for unmarried women, as they were only permitted to hold a simple ceremony, were not allowed to wear a suntiang or organize artistic performances, and were subject to a fine of two emas for violating the customary provisions. Community views were divided into two groups: those who supported the provisions because they were considered a marker of marital status and a means of preserving customary traditions, and those who rejected them because the sanctions were considered burdensome and less relevant to current societal conditions. This study confirms that the customary provisions regarding walimatul ‘urs for janda bakirai continue to be observed despite generating differing views within the community. These findings contribute to the development of customary law studies and provide practical implications for customary authorities in evaluating the existing provisions so that cultural values can be preserved without disregarding the principles of social justice.
Implementasi Wajib Belajar dalam Undang-Undang No 20 Tahun 2003 Ditinjau dari Fiqh Siyasah Tanfidziyah (Studi Kasus tentang Wajib Belajar di Nagari Koto Laweh Kecamatan Lembang Jaya Kabupaten Solok) Fitri Yunita; Busyro
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.v5i4.11249

Abstract

Although the government has established a compulsory education program through Law Number 20 of 2003 concerning the National Education System, school-age children who have dropped out of school are still found in Nagari Koto Laweh, Lembang Jaya Subdistrict, Solok Regency. This study aims to analyze the efforts of the Nagari Koto Laweh Government in implementing the nine-year compulsory education program, identify the constraints on its implementation, and examine it from the perspective of fiqh siyasah tanfidziyah. This study employed a descriptive qualitative approach with a field research design. Data were collected through observation, interviews, and documentation and then analyzed descriptively and qualitatively. The results showed that the Nagari Koto Laweh Government had sought to implement the compulsory education program by providing educational facilities, distributing school supplies, collecting data on school-age children and school dropouts, raising awareness of the importance of education, and developing equivalency education programs for children unable to participate in formal education. However, the implementation of the program still faced several constraints, including limited parental attention to children’s education, family economic limitations, low learning motivation, the influence of the social environment, and early marriage. From the perspective of fiqh siyasah tanfidziyah, the implementation of the compulsory education program has reflected the government’s responsibility to fulfill the community’s right to education, but it has not been optimal because it has not fully satisfied the principles of justice, public benefit, deliberation, supervision, and balance between the rights and obligations of the government and the community. This study emphasizes the need to strengthen synergy among the nagari government, families, and the community so that the compulsory education program can be implemented more fairly, effectively, and with a greater orientation toward public benefit.
Optimalisasi Pekerja Sosial Masyarakat (PSM) di Bidang Fasilitasi Pelayanan dan Edukasi Sosial Kelurahan Pakan Kurai Kecamatan Guguk Panjang Kota Bukittinggi Kajian Siyasah Idaariyah Abdullah Rahim; Hardi Putra Wirman
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.v5i4.11251

Abstract

Although Community Social Workers (PSM) play an important role in social services and education, the optimization of their role in Pakan Kurai Urban Village continues to face limitations in human resources, uneven dissemination of information, limited public understanding of PSM functions, and suboptimal coordination among stakeholders. This study aimed to analyze the optimization of the role of PSM in facilitating social services and education and examine it from the perspective of Siyasah Idaariyah. The study employed a descriptive qualitative approach with a field research design. Data were collected through observation, interviews, and documentation and were subsequently analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that PSM had performed their role relatively effectively through the registration of social assistance recipients, community assistance, facilitation of access to social welfare programs, and the provision of social education. The performance of this role reflected the values of Siyasah Idaariyah, namely trustworthiness, justice, public welfare, professionalism, and accountability. However, optimizing the role of PSM still requires strengthening human resource capacity, improving coordination among stakeholders, ensuring the equitable provision of social education, and enhancing information transparency. These findings contribute to the development of studies on Islamic government administration in social welfare services and provide practical implications for the urban village government and PSM in realizing more effective, participatory, transparent, and sustainable social services.
Kajian Lafaz 'Ām dan Khāṣ dalam Ushul Fikih serta Implikasinya terhadap Penetapan Hukum Islam Musliadi; Abdul Syatar; Fatmawati
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.v5i3.11261

Abstract

Although the concepts of ‘ām and khāṣ expressions have been widely discussed in the literature on Ushul Fiqh, studies comprehensively analyzing their implications for the process of Islamic legal determination remain relatively limited. This study aimed to analyze the concepts of ‘ām and khāṣ expressions, the forms of their use in the texts of the Qur’an and Hadith, and their implications for the process of Islamic legal istinbāṭ. The study employed a qualitative approach using library research. Data were obtained through a documentation study of Ushul Fiqh texts, Qur’anic exegesis texts, books, and relevant scholarly journal articles and were subsequently analyzed using descriptive-analytical and content analysis methods. The findings showed that ‘ām expressions contain a general scope of legal application, whereas khāṣ expressions restrict the applicability of a law to certain objects, individuals, or conditions. The mechanism of takhṣīṣ serves to restrict the generality of an expression, thereby producing a more precise and proportional legal interpretation that is aligned with the objectives of Sharia. Understanding the relationship among ‘ām, khāṣ, and takhṣīṣ expressions also has important implications for the consistency and accuracy of the process of Islamic legal istinbāṭ. This study concludes that mastery of linguistic principles concerning general and specific expressions is an essential element in determining Islamic law methodologically. These findings contribute to the development of Ushul Fiqh studies, particularly by strengthening the methodology of Islamic legal determination based on linguistic analysis of Sharia sources. Keywords: Ushul Fiqh; ‘Ām Expressions; Khāṣ Expressions; Takhṣīṣ; Legal Istinbāṭ
Lavender Marriage: Between a Solution and the Normalization of Sexual Deviance in the Perspective of Fiqh Principles Endah Mustika Pertiwi
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.v5i3.11302

Abstract

Lavender marriage, understood as a heterosexual marriage in which one or both spouses conceal a non-heteronormative sexual orientation, has emerged as a response to social stigma, familial expectations, and cultural pressure. Although such marriages may function as pragmatic strategies for obtaining social acceptance, their compatibility with the ethical and substantive objectives of Islamic marriage remains contested. This study aims to assess the normative validity of lavender marriage within Islamic family law through the jurisprudential maxims al-umūr bi maqāṣidihā (matters are judged according to their intentions) and darʾ al-mafāsid muqaddam ʿalā jalb al-maṣāliḥ (preventing harm takes precedence over attaining benefit). The study employed a normative legal method with a descriptive-analytical approach, drawing on legal sources, classical Islamic jurisprudential literature, and contemporary scholarly publications. The findings indicate that although lavender marriage may satisfy the formal legal and administrative requirements of marriage, it does not fulfill the substantive objectives of Islamic marriage (maqāṣid al-nikāḥ), which emphasize sincerity, mutual affection, tranquility, and honesty between spouses. The application of the two jurisprudential maxims further demonstrates that the potential psychological, familial, and social harms associated with lavender marriage outweigh its perceived benefits as a means of achieving social acceptance. The study concludes that the validity of marriage within Islamic family law should not be assessed solely through formal legal requirements but should also account for marital intentions, ethical objectives, and broader consequences for the parties involved. These findings contribute to contemporary Islamic family law by offering a jurisprudential framework for evaluating emerging marital practices in accordance with the substantive purposes and harm-prevention principles of the Sharīʿah.
Tradisi Mengantarkan Siunjuik pada Acara Baralek di Nagari Sariak Laweh Kabupaten Limapuluh Kota Menurut Urf Afifah Farah; Rahmiati
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.v5i4.11303

Abstract

The tradition of delivering siunjuik during a baralek ceremony in Nagari Sariak Laweh, Lima Puluh Kota Regency, is a custom passed down through generations and performed by the husband’s bako family as a form of responsibility toward the newlyweds. However, this tradition is also regarded as a customary obligation that may impose an economic burden on some members of the community. This study aimed to describe the implementation of the tradition of delivering siunjuik and analyze it from the perspective of ‘urf in Islamic law. The study employed a qualitative approach with a field research design. Primary data were obtained through in-depth interviews with customary leaders, penghulu, ninik mamak, Bundo Kanduang, pangka tuo, and community members, whereas secondary data were derived from books, journals, previous studies, and supporting documents. Data were collected through interviews and documentation and were subsequently analyzed descriptively and inductively. The results showed that the tradition of delivering siunjuik was performed at night during the baralek ceremony by bringing various items needed by the newlyweds as a symbol of the bako family’s responsibility. This tradition embodies the values of togetherness, responsibility, and the strengthening of kinship ties. However, increasing standards regarding the items provided during its implementation have imposed an economic burden on some members of the community. From the perspective of ‘urf, the tradition of delivering siunjuik is classified as ‘urf shahih because it does not conflict with Islamic law and provides benefits. This study contributes to the development of studies on Islamic law and Minangkabau customs and provides practical implications for customary leaders and the community to preserve the tradition while considering the principles of ease and economic capacity so that its implementation remains consistent with Islamic values.
Analisis terhadap Putusan Pengadilan Agama Sawahlunto Nomor 25/Pdt.P/2025/PA.SWL tentang Dispensasi Kawin Hamil di Luar Nikah karena Alasan Mendesak Perspektif Mashlahah Mursalah Diva Chairunisa Ridwan; Rahmiati
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.v5i3.11324

Abstract

Although marriage dispensation has been widely examined in Islamic family law research, studies specifically analysing judges’ considerations in marriage dispensation cases involving pregnancy outside marriage from the perspective of maṣlaḥah mursalah remain limited, particularly regarding Sawahlunto Religious Court Decision Number 25/Pdt.P/2025/PA.SWL. This study aimed to analyse the judge’s considerations in granting a marriage dispensation application due to pregnancy outside marriage as an urgent reason and to assess the conformity of these considerations with the principle of maṣlaḥah mursalah. This study employed a qualitative approach with a case study design and field research. The research informant was a judge of the Sawahlunto Religious Court selected using purposive sampling. Data were collected through observations, semi-structured interviews, and a documentation study of the court decision and were subsequently analysed through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the judge’s considerations were based on positive law provisions, facts presented during the proceedings, evidence, and the circumstances of the applicants. Pregnancy outside marriage was regarded as an urgent reason to prevent greater harm. From the perspective of maṣlaḥah mursalah, the decision was oriented towards protecting lineage and honour and ensuring legal certainty for the parties. This study confirms that the application of maṣlaḥah mursalah can serve as a substantive basis for considering benefits and preventing harm in marriage dispensation cases. These findings provide a theoretical contribution to the development of Islamic Family Law studies and practical implications for Religious Court judges in formulating legal considerations oriented towards protecting the parties. Future research may conduct comparative studies of marriage dispensation decisions across different Religious Courts.
Prosedur Pendaftaran Peralihan Hak atas Tanah secara Elektronik oleh Pejabat Pembuat Akta Tanah Putri Rahmasari; Ichsan Anwary
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.v5i4.11356

Abstract

Although the role of Land Deed Officials (PPATs) in land registration has been widely studied, discussions specifically examining the procedures and legal force of electronic registration of transfers of land rights remain limited. This study aims to analyze the procedures and role of PPATs in the electronic registration of transfers of land rights and the legal force of the products generated through this process. This study employed a normative juridical method with statutory and conceptual approaches. Secondary data were collected through a literature review and analyzed qualitatively using prescriptive analysis. The findings show that PPATs are authorized to draw up authentic deeds concerning certain legal acts involving land rights through an electronic system and are responsible for verifying electronic certificates to ensure data conformity. Electronic certificates issued through an electronic system have legal force provided that the information contained therein can be accessed, displayed, and accounted for in accordance with Article 6 of the Electronic Information and Transactions Law. This study concludes that legal certainty in the electronic registration of transfers of land rights is determined by the exercise of PPATs’ authority, the reliability of the electronic system, and the conformity of the certificate issuance process with the provisions of laws and regulations. These findings contribute to the development of agrarian law and the law of evidence in the context of land administration digitalization. The practical implications emphasize the importance of strengthening the capacity of PPATs, harmonizing regulations, and improving the quality of services provided by the Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional to support the implementation of electronic land registration that ensures legal certainty.

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