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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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Pemenuhan Nafkah Keluarga terhadap Suami Pemburu Babi di Nagari Malalak Utara dan Dampaknya terhadap Keutuhan Rumah Tangga Ifdal Hamdi; Arsal
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.v5i4.11890

Abstract

Although baburu babi has long been part of the social activities of the Minangkabau community, studies examining its relationship with family maintenance and marital stability from the perspective of Islamic Family Law remain limited. This study aimed to analyze the provision of family maintenance by husbands who engage in pig hunting and the impact of baburu babi activities on marital stability in Nagari Malalak Utara. This field study employed a descriptive qualitative approach involving four informants, including three wives whose husbands participated in baburu babi activities. Data were collected through observation, interviews, and documentation and were subsequently analyzed descriptively and analytically using deductive, inductive, and comparative reasoning. The findings showed that, for some husbands, baburu babi activities constituted a source of income used to meet basic needs, children’s educational expenses, and household needs, although the income earned was irregular. These activities could also reduce time spent together, attention, and affection and cause anxiety among wives. In some families, these circumstances did not lead to divorce because they were supported by communication and trust, whereas in certain cases, they triggered disputes that ultimately resulted in divorce. This study concludes that baburu babi activities have varying economic and relational implications for family life. These findings extend the scholarship on Islamic Family Law by connecting maintenance obligations, sociocultural activities, and marital stability within the context of local communities.
Tradisi Larangan Menikah dengan Orang Sekaum dengan Mantan Pasangan di Nagari Padang Laweh Perspektif ‘Urf Lestari; Shafra
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.v5i4.11891

Abstract

Although customary marriage traditions have been widely studied, research on the prohibition against marrying a member of a former spouse’s clan, whether following divorce or the spouse’s death, and its status from the perspective of ‘urf remains limited. This study aimed to analyze the implementation of the tradition prohibiting marriage to a member of a former spouse’s clan in Nagari Padang Laweh, Koto VII Subdistrict, Sijunjung Regency, and to determine its status from the perspective of ‘urf. This study employed a qualitative approach using field research. Informants were selected purposively, while data were collected through interviews and observation. The data were analyzed descriptively and inductively through the stages of transcription, data categorization, description of the findings, and conclusion drawing. The findings showed that the prohibition applied to men and women whose marriages had ended through either divorce or the death of their spouse, preventing them from marrying a member of their former spouse’s clan. This tradition aims to preserve raso, family harmony, clan honor, and interclan relations and is accompanied by the imposition of customary sanctions on violators. From the perspective of ‘urf, the tradition is categorized as ‘urf ‘amali based on its form and ‘urf khāṣṣ based on its scope and may be regarded as ‘urf ṣaḥīḥ provided that its implementation does not conflict with Islamic law. These findings clarify the status of this tradition while broadening the understanding of the relationship between customary norms and Islamic law in the marital practices of the Minangkabau community.
Proses Rujuk dalam Budaya Minangkabau Perspektif Fikih Munakahat Romizan; Shafra
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.v5i4.11892

Abstract

Although marital reconciliation has been widely studied from the perspective of Islamic law, studies specifically examining the reconciliation process in Minangkabau culture and its relationship with Islamic marital jurisprudence remain limited. This study aimed to analyze the reconciliation process in Minangkabau culture from the perspective of Islamic marital jurisprudence. This study employed a qualitative approach with a descriptive-analytical design and a literature review method. Data were obtained through documentation of books, journal articles, research findings, and other relevant written sources and were subsequently analyzed descriptively using deductive reasoning. The findings identified two forms of marital reconciliation in Minangkabau culture: reconciliation through a customary ceremony and reconciliation without a customary ceremony. Reconciliation through a customary ceremony involves niniak mamak and family deliberation and, under certain circumstances, is associated with the bajapuik tradition. Meanwhile, reconciliation without a customary ceremony places greater emphasis on intention, communication between spouses, mutual agreement, and family approval. From the perspective of Islamic marital jurisprudence, the implementation of reconciliation is associated with talak raj‘i, the ‘iddah period, and compliance with Islamic legal provisions. These findings demonstrate the relationship between custom and religion reflected in the principle of Adat Basandi Syarak, Syarak Basandi Kitabullah. This study concludes that custom can function as a social mechanism supporting the reconciliation process between spouses, provided that its implementation remains consistent with the provisions of Islamic marital jurisprudence. These findings broaden Islamic family law scholarship on the integration of customary norms and religious provisions in reconciliation practices and provide opportunities for field research involving spouses, niniak mamak, religious leaders, and representatives of the Office of Religious Affairs.
Pandangan Ulama Nagari Lasi terhadap (Surat Edaran Dirjen Bimas Islam Kemenag No: P-005/DJ.III/HK.00.7/10/2021) Prosedur Pernikahan Suami dalam Masa Iddah Istri Ditinjau dari Fikih Munakahat Amiratun Nabilah; Fauzan
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.v5i4.11893

Abstract

Although Circular of the Director General of Islamic Community Guidance of the Ministry of Religious Affairs Number P-005/DJ.III/HK.00.7/10/2021 concerning the procedure for a husband’s marriage during his wife’s ‘iddah period has received attention in Islamic family law scholarship, research on local Islamic scholars’ views of this provision from the perspective of Islamic marital jurisprudence remains limited. This study aimed to analyze the views of Islamic scholars in Nagari Lasi regarding the provisions of the circular and to examine them from the perspective of Islamic marital jurisprudence. This study employed a descriptive qualitative approach using field research. The informants comprised nine Islamic scholars and religious leaders in Nagari Lasi who were selected purposively. Data were collected through interviews, observation, and documentation and were subsequently analyzed through data reduction, data presentation, and conclusion drawing. The findings showed that two informants supported the provisions of the circular, whereas seven informants did not support them. The supporting group emphasized the protection of women’s rights, the fulfillment of post-divorce obligations, and the prevention of concealed polygamy. Conversely, most informants maintained that men are generally not subject to an ‘iddah period as women are, except under certain circumstances involving a māni‘ syar‘i. These findings reveal differing views regarding the positioning of Islamic jurisprudential provisions and considerations of women’s rights protection as the basis for assessing this administrative policy. This study broadens the scholarship on Islamic marital jurisprudence by clarifying the relationship among Islamic jurisprudential provisions, administrative policy, and the protection of post-divorce rights, while providing opportunities for further research encompassing broader geographical areas, informant groups, and institutional perspectives.
Tradisi Manggadaikan Anak Ka Bako setelah Masa Penyusuan Perspektif Maslahah di Kelurahan Balai Panjang, Kecamatan Payakumbuh Selatan, Kota Payakumbuh Azzahra Dwi Puteri; Dahyul Daipon
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.v5i4.11894

Abstract

Although the tradition of manggadaikan anak ka bako following the breastfeeding period remains recognized by some Minangkabau communities, studies specifically examining its practice, meaning, and status from the perspective of maslahah remain limited. This study aimed to identify the practice and meaning of the manggadaikan anak ka bako tradition following the breastfeeding period in Balai Panjang Urban Village, South Payakumbuh Subdistrict, Payakumbuh City, and to analyze its status from the perspectives of customary law and Islamic law through a maslahah approach. This study employed a qualitative approach with a descriptive field research design. Data were collected through interviews, observation, and documentation involving parents, bako families, customary leaders, and community members familiar with the practice and were subsequently analyzed descriptively and inductively. The findings showed that this tradition was performed through the symbolic handover of a child to the bako family following the breastfeeding period. The term “pledge” in this tradition does not indicate the transfer of custody, responsibility, or the child’s legal status because caregiving remains with the biological parents. This tradition is understood as an effort to safeguard the child’s health and well-being while strengthening kinship relations. From the perspective of maslahah, the manggadaikan anak ka bako tradition may be conditionally maintained provided that it causes no harm, does not deprive children of their rights, and does not conflict with the principles of Islamic law. This study concludes that the tradition functions as a symbolic practice and a social mechanism of kinship rather than as a transfer of caregiving responsibility. These findings broaden scholarship on the relationship among Minangkabau customs, bako kinship, child protection, and maslahah in Islamic family law.
Negosiasi Etika dan Estetika Konten TikTok Muslim dalam Perspektif Hukum Islam Sarsil MR; Kurniati; Misbahuddin
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.v5i4.11915

Abstract

The development of TikTok has made algorithmic visibility, short-video aesthetics, and participatory culture important elements of contemporary Muslim expression. However, studies directly connecting the platform’s logic with Islamic legal ethics remain fragmented. This study aimed to analyze the negotiation of ethics and aesthetics in Muslim TikTok content and to formulate an evaluation framework based on maqāṣid al-syarī‘ah. This normative legal study employed a qualitative approach with a literature review design. The units of analysis comprised retrievable scholarly works on TikTok, digital religion, Islamic communication, content analysis, and Islamic legal theory, which were purposively selected based on their relevance to platform practices and normative evaluation. The data were organized into a literature matrix and subsequently analyzed through qualitative content analysis, legal interpretation, and comparative synthesis. The findings identified four main patterns: algorithmic aesthetics shapes visibility and imitative practices; ethical concerns arise in relation to informational accuracy, dignity, bodily representation, and monetization; digital religious authority becomes more accessible yet increasingly performative; and maqāṣid al-syarī‘ah provides contextual criteria for distinguishing between maṣlaḥah and mafsadah. This study concludes that aesthetic innovation is not inherently contrary to Islamic ethics but requires proportional boundaries based on the protection of religion, life and dignity, intellect, progeny, and property. The formulated evaluation matrix offers conceptual and practical contributions by bridging Islamic legal reasoning and platform-based digital culture in the evaluation of Muslim TikTok content.
Tradisi Maantaan Padi Setelah Walimatul ‘Ursy di Nagari Canduang Koto Laweh Kecamatan Canduang Kabupaten Agam Ditinjau dari Konsep Nafkah dalam Fiqih Munakahat Gita Ramadana; Hamdani
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.v5i4.11916

Abstract

Although the maantaan padi tradition following walimatul ‘ursy is still practiced by the community of Nagari Canduang Koto Laweh, studies examining its implementation and status within the concept of maintenance under Islamic marital jurisprudence remain limited. This study aimed to analyze the implementation of the maantaan padi tradition following walimatul ‘ursy and to examine its status based on the concept of maintenance in Islamic marital jurisprudence. This study employed a qualitative approach through field research with a descriptive design. The informants comprised four individuals representing customary leaders, niniak mamak, Bundo Kanduang, and community members. Data were collected through interviews, observation, and documentation and were subsequently analyzed through data condensation, data presentation, and conclusion drawing and verification. The findings showed that the maantaan padi tradition was performed following walimatul ‘ursy by delivering three sacks of unhusked rice from the groom’s family to the bride’s family. The rice was carried in the dijujuang manner, presented through the basambah procession, and followed by a communal meal. The community interpreted the tradition as a symbol of kinship and the husband’s first provision of maintenance to his wife. From the perspective of the concept of maintenance in Islamic marital jurisprudence, the provision of three sacks of unhusked rice constitutes a customary symbol that does not replace the husband’s obligation to provide continuous maintenance. This study concludes that the maantaan padi tradition can represent the values of kinship and the husband’s responsibility, but its implementation does not eliminate the maintenance obligation established under Islamic law. These findings clarify the relationship between customary symbolism and maintenance obligations in Islamic family law practices within the Minangkabau community.
Tradisi Badantam dalam Alek Perkawinan Perspektif ‘Urf (Studi Kasus di Korong Pautan Kabau, Nagari Sunua, Kecamatan Nan Sabaris, Kabupaten Padang Pariaman) Icha Agustin; 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.v5i4.11918

Abstract

Although the badantam tradition has become part of the social and cultural life of the community of Korong Pautan Kabau, Nagari Sunua, studies specifically analyzing its implementation and status from the perspective of ‘urf remain limited. This study aimed to analyze the implementation of the badantam tradition in alek perkawinan and to determine its status from the perspective of ‘urf. This study employed a qualitative approach through field research with a descriptive design. Informants were selected purposively and included the Wali Nagari Sunua, the Kepala Mudo or niniak mamak, the Chair of Bamus Nagari Sunua, and customary leaders familiar with the badantam tradition. Data were collected through interviews, observation, and documentation and were subsequently analyzed descriptively using deductive and inductive reasoning and the perspective of ‘urf. The findings showed that badantam was performed after the marriage contract by involving families, relatives, and community members through contributions of money, gold, goods, and labor. This tradition functions to help finance alek perkawinan while strengthening community solidarity and mutual cooperation. From the perspective of ‘urf, the badantam tradition constitutes ‘urf khāṣṣ based on its scope and is categorized as ‘urf ṣaḥīḥ because it has been accepted and practiced repeatedly and promotes public benefit. This study concludes that the badantam tradition can be maintained as a social mechanism for supporting wedding celebrations and strengthening community solidarity. These findings broaden Islamic law scholarship on local customary practices and affirm the importance of preserving the value of mutual cooperation within this tradition while avoiding social pressure that may harm the community.
Legal Standing Anak di Bawah Umur sebagai Pemohon Dispensasi Nikah dalam Perspektif Maslahah (Studi Putusan Nomor 224/Pdt.P/2024/PA.Pdg) Hilya Fijra Salsabila; Fauzan
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.v5i4.11961

Abstract

The legal standing of a minor as an applicant for marriage dispensation has received attention in several studies. However, research on the legal status of a minor who submits an application directly because no parent or guardian is available to act as the applicant, particularly from the perspective of maslahah, remains limited. This study aimed to analyze the legal standing of a minor as an applicant for marriage dispensation in Religious Court Decision Number 224/Pdt.P/2024/PA.Pdg and to examine the judge’s considerations from the perspective of maslahah. This study employed a qualitative approach using normative legal research through a literature review. Legal materials were obtained by examining the court decision, legislation, books, scholarly journal articles, and relevant literature and were subsequently analyzed descriptively and analytically. The results showed that the 17-year-old applicant submitted the application directly because the biological mother had died, the father’s whereabouts were unknown, and no guardian was available to submit the application. The judge accepted and granted the application after considering the applicant’s circumstances on a case-by-case basis, the relationship between the applicant and the prospective husband, and efforts to prevent harm. From the perspective of maqashid al-shariah, granting the dispensation provided benefits in the dimensions of hifz al-din and hifz al-nasl. However, the dimensions of hifz al-nafs, hifz al-‘aql, and hifz al-mal were not optimally fulfilled. These findings emphasize that decisions regarding marriage dispensation applications submitted by minors must consider the specific legal and factual circumstances of each case while comprehensively assessing all dimensions of maslahah. This study contributes to the development of Islamic family law scholarship concerning the relationship among legal standing, child protection, and maslahah in marriage dispensation cases.
Kedudukan dan Peran Kepemimpinan Lembaga Wali Nanggroe dalam Pemerintahan dan Adat Aceh menurut Pandangan Imam Al-Mawardi Desi Desma Syahri; Badri; T. Surya Reza
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.v5i4.11966

Abstract

The Wali Nanggroe Aceh Institution, as a customary leadership institution, holds a strategic position and performs strategic functions in the life of Acehnese society, but it has not been widely examined from the perspective of Islamic constitutional law, particularly Imam Al-Mawardi’s theory of imamah. This study aimed to analyze the position and role of the Wali Nanggroe Institution in Acehnese governance and customary affairs based on the views of Imam Al-Mawardi. This study employed a normative juridical method by examining theories, ideas, and legal provisions related to the position and role of the Wali Nanggroe Institution. The results showed that the Wali Nanggroe Institution holds the position of an independent and authoritative customary leadership institution operating outside the formal governmental structure. This institution plays a role in upholding dīn al-Islām, unifying Acehnese society, conducting guidance, taqnīn, and supervision, and promoting the realization of justice and prosperity. From Imam Al-Mawardi’s perspective, this position and these roles are relevant to the concept of imamah, particularly in performing the function of ḥirāsat al-dīn, or safeguarding religion, preserving the welfare of the community, strengthening social unity, and providing counsel and guidance to leaders and society. Nevertheless, a fundamental difference exists because the Wali Nanggroe does not possess the political and governmental authority held by an imam in Al-Mawardi’s theory but instead functions as a moral, social, and cultural leader. This study confirms that Islamic leadership values can be adapted within modern customary institutions without necessarily being embodied in formal political authority. These findings contribute to the development of scholarship on Islamic constitutional law, customary law, and regional governance in the context of Aceh’s special autonomy.

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