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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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Analisis Ketidaksesuaian Praktik Murabahah Bil Wakalah dalam Perspektif Hukum Ekonomi Syariah (Studi pada LKMS Gapoktan Panampuang Prima) Rufaidah Alaida Balqis; Fajrul Wadi
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.v5i4.11681

Abstract

The practice of murabahah bil wakalah contracts in Islamic microfinance institutions has been widely studied, but research specifically analyzing discrepancies in their implementation from the perspective of Sharia Economic Law in agribusiness-based Islamic microfinance institutions remains limited. This study aims to analyze the implementation of murabahah bil wakalah contracts and their compliance with the principles of Sharia Economic Law at LKMS-A Gapoktan Panampuang Prima. The study employed a qualitative approach with a case study design. The research informants consisted of the administrators of LKMS-A Gapoktan Panampuang Prima and financing customers selected through purposive sampling. Data were collected through observation, semi-structured interviews, and documentation and were then analyzed using an interactive analysis model comprising data reduction, data presentation, and conclusion drawing. The results show that the implementation of murabahah bil wakalah contracts generally followed the applicable financing procedures, including financing applications, surveys, contract signing, fund disbursement, the purchase of goods by customers based on authorization (wakalah), and installment payments. However, several discrepancies were identified, including the use of financing funds for purposes inconsistent with the objectives of the contract, the limited understanding of some customers regarding the substance of the contract, and suboptimal supervision following fund disbursement. This study concludes that the implementation of murabahah bil wakalah contracts at LKMS-A Gapoktan Panampuang Prima has not fully complied with the principles of Sharia compliance. These findings contribute to the development of Sharia Economic Law studies on the implementation of murabahah bil wakalah contracts in Islamic microfinance institutions and provide practical implications for the institution to strengthen customer education and its financing supervision system.
Tinjauan Perspektif ’Urf terhadap Tradisi Larangan Pernikahan Dandang Rebutan Penclokan di Desa Senden Peterongan Jombang Andrias Wahyu Pratama; Mochamad Samsukadi; Mahmud Huda
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.v5i4.11683

Abstract

Although Islam has clearly regulated the provisions of marriage, some members of the community in Senden Village, Peterongan Subdistrict, Jombang Regency, continue to maintain the dandang rebutan penclokan marriage prohibition tradition, which prohibits two siblings from marrying partners from the same village because it is believed to bring misfortune. This study aims to analyze the status of this tradition from the perspective of ‘urf in Islamic law. The study employed a qualitative approach with a case study design. Data were collected through interviews, observation, and documentation and were then analyzed using qualitative descriptive analysis through the stages of data reduction, data presentation, and conclusion drawing. The results show that the dandang rebutan penclokan tradition constitutes ‘urf khāṣṣ because it applies only to the community of Senden Village and contains the social value of maintaining harmonious relationships between families. However, the belief that violating this tradition inevitably causes financial hardship, misfortune, or death is categorized as ‘urf fāsid because it contradicts the Islamic creed, which affirms that sustenance, marriage partners, and death are determined by Allah the Almighty. This study concludes that local traditions may be preserved as part of community wisdom provided that they are not accompanied by beliefs that contradict Islamic law. These findings contribute to the development of Islamic legal studies that proportionally accommodate local culture while providing guidance for the community in distinguishing the social values of tradition from beliefs that contradict Islamic principles.
Perlindungan Hak Milik Ahli Waris atas Tanah dalam Sengketa Perdata: Analisis Hukum Perdata dan Hukum Islam Jamaluddin
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.v5i4.11693

Abstract

Although the protection of heirs’ ownership rights over land has been widely studied from the perspectives of civil law and Islamic law, research specifically analyzing the judges’ considerations in Jeneponto District Court Decision Number 3/Pdt.G/2026/PN Jnp remains limited. This study aimed to analyze the protection of heirs’ ownership rights over land under civil law and Islamic law and to assess the conformity of the judges’ considerations in the decision. This study employed a qualitative approach with a normative legal research design using statutory, case, and conceptual approaches. Primary legal materials included the Indonesian Civil Code, Law Number 5 of 1960 concerning Basic Agrarian Principles, the Compilation of Islamic Law, and Jeneponto District Court Decision Number 3/Pdt.G/2026/PN Jnp. Secondary legal materials comprised literature, scientific journals, and previous research findings, whereas tertiary legal materials consisted of legal dictionaries and encyclopedias. Legal materials were collected through literature review and documentation and were subsequently analyzed descriptively and qualitatively using legal interpretation techniques. The results showed that the protection of heirs’ ownership rights over land under civil law is based on the recognition of inheritance rights, proof of ownership, and legal certainty regarding land, whereas Islamic law emphasizes the principles of justice, certainty of rights, and the protection of property (ḥifẓ al-māl). The analysis of the decision demonstrated the importance of accurate judicial considerations regarding jurisdiction and proof of ownership rights in resolving inherited land disputes. This study enriches inheritance law scholarship by integrating civil law and Islamic law perspectives and provides practical implications for judges, legal practitioners, and the public in achieving the equitable and legally certain resolution of inherited land disputes.
Asimetri Syarat Domisili Instrumen Bukti Waris dalam Pendaftaran Tanah: Telaah Yuridis-Maslahat Dita Ananda Kasih
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.v5i4.11700

Abstract

Although the domicile clause in Article 111 paragraph (1) letter c number 5 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 16 of 2021 has been widely discussed, previous studies have tended to understand it as a stand-alone vertical conflict between the ministerial regulation and the Notary Office Law, thereby failing to reveal the asymmetry among the six instruments of inheritance evidence regulated in the same article. This study aimed to analyze this internal asymmetry and examine it based on the principles governing the substance of legislation and the doctrine of maslahah. This study employed a prescriptively oriented normative juridical method using statutory, conceptual, and case approaches. The units of analysis comprised six instruments of inheritance evidence, four regulatory instruments, and Supreme Court Decision Number 29/P/HUM/2022, which were purposively selected. Legal materials were collected through document study and analyzed using a normative comparison matrix and systematic, grammatical, and teleological interpretations. The results showed that only two of the six instruments of inheritance evidence contained territorial restrictions with different characteristics, namely a restriction inherent in the office in the first instrument and a restriction imposed externally in the second instrument. Notaries, as functional public officials with a territorial jurisdiction covering one province, are restricted to the regency or city of the decedent’s domicile, whereas Balai Harta Peninggalan, which has only five offices with jurisdictions spanning multiple provinces, is not subject to a similar restriction. This asymmetry burdens heirs without producing commensurate benefits and fails to satisfy the principle of effectiveness and the criterion of maslahah. This study introduces the concept of intra-article normative asymmetry as an analytical framework for assessing regulatory imbalances within a single article and recommends reformulating the domicile clause based on the notary’s territorial jurisdiction to establish more consistent, effective, and equitable regulation of inheritance evidence.
Pemenuhan Hak Ganti Rugi Jemaah Umrah sebagai Konsumen dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen (Studi Kasus PT Khazanah Tamma Internasional) Frengky Mahulette; Muhammad Hazmi Adzhani; Yuyut Prayuti
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.v5i4.11694

Abstract

The organization of Umrah pilgrimage travel constitutes a religious service that establishes a legal relationship between Umrah pilgrimage travel organizers (PPIUs) and pilgrims as consumers. However, cases of failure to depart, departure delays, and embezzlement of funds continue to cause material and immaterial losses to pilgrims and demonstrate that consumer rights have not been fully fulfilled. This study aimed to analyze the responsibility of business actors in fulfilling Umrah pilgrims’ right to compensation under Law Number 8 of 1999 concerning Consumer Protection through a case study of PT Khazanah Tamma Internasional. This study employed a normative legal method using statutory, conceptual, and case study approaches. Research materials were collected through a literature review of legislation, scientific journals, and news reports related to the PT Khazanah Tamma Internasional case and were then analyzed normatively. The findings showed that PT Khazanah Tamma Internasional, as a business actor, was legally responsible for providing compensation, damages, and/or replacement to pilgrims for losses arising from the failure to provide the services as agreed. This responsibility was based on Article 19 of Law Number 8 of 1999 concerning Consumer Protection. However, fulfilling the right to compensation faced obstacles in the form of the company’s limited assets, lengthy legal proceedings, and weak oversight of PPIUs. This study concludes that the regulation of business actors’ responsibility has provided a legal basis for protecting pilgrims, but the effectiveness of its implementation still needs to be strengthened. These findings imply the need to enhance government oversight and develop more effective legal protection mechanisms to ensure the fulfillment of pilgrims’ rights as consumers of religious services.
Reconstructing Qur’anic Social Ethics: A Double-Movement Hermeneutical Reading of Q.S. al-Ḥujurāt: 10–13 Zahiratun Hasanah; Muhyidin Azmi; Siti Maryam
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.v5i4.11731

Abstract

Although Qur’anic social ethics has been widely discussed, systematic contextualization of the ethical principles embedded in Qs. al-Hujurat verses 10–13 through Fazlur Rahman’s double movement theory remains limited. This study aims to identify the moral principles of social ethics contained in these verses and contextualize them within contemporary social life. Employing qualitative library research and contextual hermeneutics, the study analyzed the Qur’anic text, relevant commentaries, Fazlur Rahman’s writings, and related scholarly literature. Data were collected through systematic documentation, source selection, critical reading, thematic classification, and comparative interpretation. The first movement reconstructed the micro- and macro-historical contexts of revelation to identify the underlying moral concerns and formulate universal ethical principles, while the second movement applied these principles to contemporary challenges, including interpersonal conflict, derogatory speech, prejudice, privacy violations, discrimination, misinformation, and disrespect in educational and digital environments. The findings demonstrate that Qs. al-Hujurat verses 10–13 establish an integrated framework of social ethics grounded in brotherhood, reconciliation, human dignity, responsible communication, protection of honor, peaceful conflict resolution, and recognition of diversity. The verses prohibit mockery, insulting labels, negative suspicion, fault-finding, surveillance, and backbiting while grounding human dignity in piety rather than ethnicity, social status, or group identity. Their contextualization further provides practical ethical guidance for verifying information, protecting privacy, communicating respectfully, rejecting identity-based superiority, and cultivating humility and mutual respect among students, teachers, families, and wider communities. This study concludes that Qur’anic social ethics should extend beyond normative discourse into educational practice and digital citizenship. It contributes a contextual framework for translating Qur’anic moral principles into inclusive, peaceful, and ethically responsible social relations across contemporary educational and societal contexts.
The Consistency of Munāsabah Application in Tafsīr Al-Mishbāh: A Structural Analysis of Surah Al-Baqarah and Āli 'Imrān Laeli Saputri; Siti Asiah; Siti Maryam
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.v5i4.11799

Abstract

The principle of munāsabah is central to understanding the structural relationships, continuity of meaning, and textual coherence of the Qur’an. This study analyzed the methodological construction and application of munāsabah in M. Quraish Shihab’s Tafsir Al-Misbah, focusing on textual and thematic analyses of Surah Al-Baqarah and Surah Āli ‘Imrān. A qualitative descriptive library-research design was employed, integrating thematic exegesis (mawḍūʿī), qualitative content analysis, and a hermeneutical–exegetical perspective. The findings indicate that Quraish Shihab positions munāsabah as a fundamental hermeneutical instrument for demonstrating the organic unity of the Qur’anic text (waḥdah al-Qurʾāniyyah). Two principal typologies were identified: five models of correspondence between verses and eight models of correspondence between surahs. The verse-level models encompass relationships among verses within a surah, between verses and their conclusions, among sentences, among words, and between the opening and closing verses of a surah. The surah-level models include relationships between adjacent surahs, between the opening and conclusion of a surah, between a surah’s name and its central theme, between one surah’s conclusion and the next surah’s opening, and between fawātiḥ al-suwar and the surah’s substantive content. The analysis further demonstrates consistent thematic integration between Al-Baqarah, as a foundation of sharia and faith, and Āli ‘Imrān, as a reinforcement of monotheistic argumentation and steadfastness amid social contestation. By combining the taḥlīlī method with an adabī al-ijtimāʿī orientation, Quraish Shihab connects classical linguistic analysis with contemporary social concerns. This approach contributes to Qur’anic coherence studies by offering a systematic alternative to atomistic interpretation and presenting revelation as an integrated, contextually relevant, and solution-oriented discourse.
Qur'anic Ethics and Domestic Morality: The Indonesian Ministry of Religious Affairs' Exegesis and Contemporary Family Resilience Siti Kanzun Najah Wassurur; Siti Asiah; Muhyidin Azmi
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.v5i4.11818

Abstract

Amid growing concerns over divorce and domestic violence in Indonesia, reconstructing an applicable Qur’anic ethical framework for family life has become an urgent socio-religious imperative. This study examined how the Indonesian Ministry of Religious Affairs’ exegesis, Tafsir Kemenag, reformulates household morality and connects textual hermeneutics with contemporary family resilience. A qualitative library-research design was employed, integrating thematic exegesis (tafsīr mawḍūʿī) with textual discourse analysis. The analysis focused on three normative scriptural loci: Qur’an 23:8, 4:21, and 30:21. The findings indicate that Tafsir Kemenag constructs a foundational triad of domestic ethics comprising mutual trust and relational responsibility, the sacred transcendental covenant of mīthāqan ghalīẓan, and the dynamic psycho-spiritual equilibrium of sakīnah, mawaddah, and raḥmah. Through a contextual, moderate, and maqāṣidī orientation, this state-authorized exegesis rejects patriarchal justifications for domestic violence, denies theological legitimacy to abusive marital conduct, and reinterprets qawwāmah from unilateral authority into a relational ethic grounded in mutual service (khidmah) and shared domestic deliberation (tashāwur). The findings further demonstrate how this ethical interpretation is translated into institutional and cultural practices through official premarital Marriage Guidance (Bimwin) modules delivered by local Offices of Religious Affairs and the popular mnemonic practice of Tepuk Sakinah. The study concludes that Qur’anic domestic ethics can contribute to family resilience when textual interpretation is connected with relational responsibility, nonviolence, reciprocal care, and practical social education. It thereby bridges theoretical exegesis and the sociological application of family-resilience values within Indonesia’s living Qur’an context.
Komparasi Lembaga Notaris di Indonesia dan Kātib al-‘Adl di Arab Saudi dalam Perspektif Sistem Hukum dan Modernisasi Digital Muhammad Zaid 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.v5i4.11864

Abstract

The differences between the civil law tradition in Indonesia and sharia law in Saudi Arabia shape the distinct institutional characteristics, status, authority, and supervisory mechanisms of their respective legal documentation institutions. This study aimed to comparatively analyze the notarial institution in Indonesia and Kātib al-‘Adl in Saudi Arabia based on their legal systems and digital modernization. The study employed a normative juridical method with a comparative law approach. The research data were derived from secondary legal materials comprising legislation, literature, and official documents, which were analyzed comparatively. The findings showed that notaries in Indonesia serve as independent public officials and perform their professional duties based on attributive authority conferred by law. By contrast, Kātib al-‘Adl in Saudi Arabia holds the status of a government employee under the Ministry of Justice and exercises authority based on Islamic law and royal decrees. In terms of modernization, Saudi Arabia has implemented fully centralized digitalization of documentation services through the 2020 Documentation Law, whereas Indonesia continues to face formal legal barriers in the form of physical-presence requirements when implementing the cyber notary concept. This study confirms that differences in legal systems influence the bureaucratic characteristics and pace of technological adaptation of the two institutions. These findings provide a comparative basis for developing notarial policies while demonstrating the need for progressive regulatory reform to improve efficiency and support the digital transformation of notarial services in Indonesia.
Pendekatan Politik Hukum dalam Pembangunan Hukum Pidana Indonesia Herdy Pratama Susantyo; Ahmad Iqbal Sablirrahman; Abdul Wahid Zaini
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.v5i4.11879

Abstract

The development of Indonesian criminal law entered a pivotal phase following the enactment of Law Number 1 of 2023 concerning the Criminal Code. Nevertheless, studies examining the direction of criminal law development through a legal policy approach remain necessary to ensure its alignment with Pancasila, constitutional principles, national legal objectives, and the needs of Indonesian society. This study aimed to analyze the legal policy approach and policy direction in national criminal law development and to formulate an ideal direction for criminal law development. This study employed a qualitative approach using normative legal research through a literature review. Primary, secondary, and tertiary legal materials were purposively selected based on their relevance to legal policy, criminal law development and reform, Pancasila, and national legal objectives. The legal materials were systematically collected through literature and document reviews and subsequently analyzed using qualitative descriptive analysis with statutory, conceptual, and philosophical approaches. The results showed that legal policy occupies a strategic position in determining the direction of criminal law development because it serves not only as an instrument for formulating legislation but also as a policy framework that integrates national legal objectives, Pancasila values, constitutional principles, societal needs, and the criminal law reform agenda. The enactment of Law Number 1 of 2023 represents a concrete legal policy choice to establish a national criminal justice system that no longer relies solely on the colonial legal legacy. Such development must maintain a balance among legal certainty, justice, utility, public protection, and respect for citizens’ rights. This study emphasizes that the development of Indonesian criminal law must be consistently directed through a legal policy grounded in Pancasila, constitutional principles, societal diversity, and national legal objectives. These findings provide a theoretical contribution to the advancement of legal policy and criminal law scholarship and practical considerations for policymakers in formulating criminal law policies that are responsive, equitable, and oriented toward national interests.

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