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Khamami Zada
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Hikmatuna
Published by Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
ISSN : 2460531X     EISSN : 25033042     DOI : 10.28918/hikmatuna
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
HIKMATUNA: Journal for Integrative Islamic Studies (ISSN Print: 2460-531X; Online: 2503-3042) is a peer-reviewed and open-access journal published biannually (June and December) by the Postgraduate Program Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan, Indonesia. The journal welcomes original research articles, theoretical discussions, case studies, and book reviews that explore diverse aspects of Islamic law. It aims to promote critical thinking, interdisciplinary approaches, and rigorous scholarly investigation in the field of Islamic law. This journal covers a wide range of topics, including: (1) Sources of Islamic law, (2) Islamic legal theory, (3) Islamic Family law, (4) Islamic Criminal law, (5) Islamic Business Law, (6) Constitutional and human rights issues, (7) Comparative law, and (8) Islamic Law and contemporary applications.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 103 Documents
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The Dialectics of Child Marriage and the Age of Maturity for Marriage: A Qur'anic Exegesis Abd. Holik; Moch. Nurcholis
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1338

Abstract

This article aims to analyze the gaps in the study of child marriage from a specific Qur'anic perspective. The primary focus of this study centers on the issue of the concept of marriage maturity in the Qur'an. The central problems addressed involve the practice of child marriage as portrayed in the Qur'anic context and the positioning of marriage maturity during the stage of maturity as per the Qur'an's perspective. To conduct this research, descriptive research methods were employed. This paper aims to delineate child marriage within the Qur'anic context and explore the stages of maturity by examining key phrases related to the concept of maturity found in various Qur'anic verses. The key phrases under consideration include "balāghatul aṭfāl minkum al-hulūm," "balāghun al-nikāh," and "balāgh ashuddah." The research findings reveal that, first, the practice of child marriage, as depicted in the Qur'an, serves as a reflection of the prevailing social conditions and is not to be construed as an endorsement of such practices; second, the maturity required for marriage is defined as the second stage of maturity, where both the physical and psychological aspects are fulfilled, even though individuals may not have reached a state of perfection. This research provides a foundation for arguments advocating the discontinuation of child marriage practices. Such practices are detrimental to developmental progress and infringe upon the rights of children.
Accelerating Waqf Land Certification Problem and Solution through the Complete Systematic Land Registration Program (PTSL) Acep Zoni Saeful Mubarok; Yuyus Saputra; Darwis Darmawan
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1396

Abstract

This paper examines the issues with a comprehensive systematic land registration (PTSL) program's goal of expediting the certification of waqf land. This article focuses on the maintenance of waqf through the waqf certification program. Waqf assets can be preserved by registering waqf land and providing proof in the form of a waqf certificate. Due to their legal standing and ability to settle disputes, the nazhir (managers) and the waqifs (those who contribute land) will feel secure. A government invention to expedite the certification of freehold land, including waqf land, is the PTSL. The program is still in its infancy, thus there are still several issues that pose difficulties and barriers. collaboration and synchronization with other parties. This study uses qualitative techniques and primary data sources, including interviews and direct observation. In addition, literature sources on waqf from regulations, articles and other research become secondary sources. The data that has been collected is analyzed using descriptive analysis techniques. The study's findings revealed, among other things, that the PTSL approach is particularly effective in speeding waqf land certification. Second, there is still a lack of coordination between the Ministry of Religion, BWI, and other organizations, as well as the Agrarian Spatial Planning Office/National Land Agency.
Sharia Actualization: Realizing the Indonesian Islamic Jurisprudence Ahmad Ridwan; Siskha Putri Sayekti; Eva Siti Faridah
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1398

Abstract

Sharia is intertwined with fiqh. In English terminology, Sharia is translated as “Islamic law based on the Quran.” In the context of reforming Islamic law in Indonesia, the method of talfiq is needed, selectively choosing opinions that align with the conditions in Indonesia. It is believed that the Islamic legal tradition, in terms of formation, reform, or legal development, is closer to the Anglo-Saxon legal system known as precedent law. This is because Muslims fully accept that all the dogma, principles, and Islamic sharia are already perfected in the Quran and the Sunnah of the Prophet. The question at hand is how these legal texts can be guaranteed to remain relevant and capable of meeting the needs of all times, places, cultural contexts, and social levels. This study delves deeper into the Sharia within the Contemporary Era, relating to the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The research is a literature study, focusing on the examination of figures and the object of study, which is Sharia in a modern context. This study employed a qualitative approach to analyze the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The dynamics of Islamic law in Indonesia are expected to continue evolving and innovating so that in the future, Islamic law with universal value will not only pertain to the realm of fiqh muamalat (transactions) and akhwal sakhsiah (personal matters) but will also contribute positively to the development of national law in Indonesia in various aspects.
The Legal Effectiveness of Marriage Dispensation in the Religious Court of Batang, Central Java: A Case of Post-Law Number 16 of 2019 Ali Trigiyatno; Makrum; Luthfi Hakim Arif Effendi
Hikmatuna : Journal for Integrative Islamic Studies Vol 9 No 2 (2023): Hikmatuna: Journal for Integrative Islamic Studies, December 2023
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v9i2.1974

Abstract

This research analyzes the factors contributing to the high number of marriage dispensation requests at the Religious Court of Batang Central Java following the enactment of Law Number 16 of 2019, which regulates the minimum age for marriage. A qualitative approach, employing deductive and inductive analyses, is utilized to comprehend the dynamics of this phenomenon. Positive transformation: Valuable data is collected through interviews, observations, and documentation, and skillfully transformed into insightful descriptive information. The research findings are anticipated to serve as a reference in the field of Islamic Family Law. The results indicate the ineffectiveness of legal provisions, evidenced by the substantial increase in marriage dispensation requests post the enactment of Law Number 16 of 2019. The judicial foundation for approving dispensation requests is rooted in the Quran, Hadith, Law Number 1 of 1974, Law Number 16 of 2019, Compilation of Islamic Law (HKI), and Supreme Court Regulation Number 5 of 2019. The practical implication underscores the need for a reevaluation of the marriage dispensation procedures to ensure better understanding among academics and the public. This research contributes innovatively by exploring the impact of Law Number 16 of 2019 on the phenomenon of marriage dispensation at the Religious Court of Batang, with a specific focus on legal effectiveness.
Community Psychology and the Acceptance of Rohingya Refugees in Aceh: Local Identity, Humanitarian Needs, and Islamic Law Alwi, Said; Mukhlis; Siregar, Zulfikar Ali Buto; Iqbal, Muhammad; Fithra, Herman
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.6899

Abstract

This research delves into the psychology of the Aceh community in receiving Rohingya refugees, with a particular emphasis on the influence of local identity. It critically analyzes mass media to identify reporting patterns and perspectives on Rohingya refugees. Data were gathered through news analysis and in-depth interviews to gain insights into the community's perceptions, attitudes, and local identity. The findings reveal that the Acehnese community's perceptions, attitudes, and emotional responses towards Rohingya refugees are shaped by a strong local identity, historical conflict experiences, and concerns about resource competition and religious identity. Acehnese cultural and religious identity promotes internal solidarity but also fosters exclusivity towards 'foreign' groups. Previous ethnic conflicts exacerbate tensions and distrust towards refugees. The use of religious symbols by refugees further heightens social and psychological tensions. However, the humanitarian principles in Islamic law, which emphasize fair treatment and assistance to those in need, play a pivotal role. This study adopts a multidimensional approach, integrating psychology, sociology, and education to address identity conflicts, foster harmonious interactions between the Acehnese community and Rohingya refugees, and strengthen intergroup relations by considering aspects of identity and humanity.
Contemporary Warfare and Political Jurisprudence (Fiqh Siyasah): An Analysis of Asymmetric Warfare in Military-Political Doctrine (Siyasah Harbiyyah) Timur, Fauzia Gustarina Cempaka; Umam, Khoirul; Aulia, M. Rezza Nuril
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7059

Abstract

Islamic Jurisprudence (Fiqh) as a Legal Framework seeks to guide the dynamics of human life comprehensively, including fiqh siyasah (political jurisprudence). In warfare contexts, fiqh siyasah encompasses the practice of war (siyasah harbiyyah). However, with the evolution of warfare, questions arise about the relevance of jurisprudence to contemporary phenomena such as asymmetric warfare. By exploring Islamic sources in fiqh, particularly siyasah harbiyyah, and sources discussing new warfare forms, this paper outlines Islamic principles of warfare in analyzing asymmetric warfare. This research uses a qualitative design to examine the relationship between contemporary warfare and Fiqh Siyasah (Islamic political jurisprudence) in asymmetric warfare contexts. The data includes primary sources like classical and modern Islamic legal texts, fatwas, and religious edicts, along with secondary sources such as academic articles, books, and reports on recent asymmetric conflicts. Additionally, semi-structured interviews with Islamic legal scholars, political scientists, and defense strategists provided expert insights. Analytical methods include thematic analysis to identify key themes, content analysis to detect patterns and contradictions, and triangulation to ensure data reliability. The findings conclude that siyasah harbiyyah within fiqh cannot address the challenges of asymmetric warfare linearly, as it involves both state and non-state actors, lacks significant military involvement, and includes different war stages. This form of warfare does not always conform to international war conventions. However, the framework of fiqh principles, particularly qawaid fiqhiyyah (juridical rules), can respond to these new warfare forms. Relevant principles include views on war motivations, consequences caused by state and non-state actors, and defensive, offensive, and active defensive principles according to Islamic jurisprudence. Therefore, fiqh siyasah, especially siyasah harbiyyah, needs to accommodate responses to contemporary warfare forms in the future.
Mitigation Sexual Violence Against Children in Aceh Roslaili, Yuni; Ulfah, Marina; Suparwany; Muzaky, Muhammad; Aisyah, Siti
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7231

Abstract

Although Aceh had issued a number of regulations concerning sexual violence against children, the trend of sexual abuse in Aceh has tended to increase annually. This article investigated the Aceh government's response to child sexual abuse cases through the Banda Aceh Municipal UPTD PPA as instructed by Qanun No. 9/2019. This article relied on qualitative research, using case studies and in-depth interviews about the Aceh sexual violence victims' treatment from their advocates at the UPTD PPA office in Banda Aceh. The interviews were intended to analyse the implementation of Qanun No. 9/2019 on the Implementation of Response to Violence against Women and Children in Aceh.  This study concluded that the implementation of Aceh Qanun number 9 of 2019 concerning the organizing and addressing violence against children had not been well carried out and had not yet been efficient. It was evidence that although Aceh had passed a number of regulations on the prevention of sexual violence against children, including Qanun Aceh number 9 of 2019, the local government had not yet issued technical guidelines for implementation; therefore, relevant agencies currently not working collaboratively in dealing with children's sexual abuse cases in Aceh and remained working in a sectoral manner. In addition, the community and parents were less motivated to report cases of sexual abuse that occurred in their environment because it was seen as a disgrace. In addition, child victims often experience mental decline, thereby making it difficult to obtain information about what had happened to them.
Legal Protection for Donors Who Fall into Poverty in Indonesia and Singapore Marina, Karina Putri; Erni, Daly
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7243

Abstract

This research analyzes cases related to legal protection for grant givers who have fallen into poverty, even though grants are given free of charge and without receiving compensation, for Muslims based on Article 210 paragraph (1) the Compilation of Islamic Law there is a limitation on the amount of the grant, namely it cannot exceed one third to protect the rights of his heirs. The type of research used is doctrinal, taken from literature studies of statutory regulations. Based on the results of this research analysis, the implementation of grants for Muslims in Indonesia must follow the provisions in the form of pillars and grant conditions that have been determined in the Compilation of Islamic Law, including provisions regarding the maximum limit for grant implementation of 1/3 (one third) of the grantor's assets. The grant is null and void if it violates the provisions of Article 210 paragraph (1) of the Compilation of Islamic Law, this is because it violates the objective terms of the agreement. In Singapore there are restrictions when releasing an object through a grant in Singapore. In particular, the determination of rights and interests over land in Singapore is regulated by statutory regulations and the Controller of Residential Property as the Land and Property Registry Agency is a Singapore government institution that has authority over land in Singapore. Apart from being regulated in the Civil Code, grants are also regulated in the Compilation of Islamic Law in Indonesia.
Nahdlatul Ulama’s Maslahah Family Movement for Sustainable Development Goals in Indonesia: Maqasid al-Sharia Perspectives Ahmad, Maghfur; Muniroh, Siti Mumun
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7262

Abstract

TThe present study aims to showcase the roles of the Nahdlatul Ulama’s (NU) Maslahah Family Movement (GKMNU) in achieving sustainable development goals (SDGs) from the viewpoint of maqasid al-sharia. Grounded in a qualitative research design, this study focuses on the Maslahah Family Movement in Pekalongan City and Batang Regency, Central Java, Indonesia. Data were garnered through interviews, observation, and documentation. The data were analyzed employing Miles and Huberman’s interactive analysis. Study findings demonstrate that the GKMNU was a pioneering step in building an empowered, qualified, and harmonious family with the principles of maslahah (goodness). The GKMNU in Pekalongan City concentrated more on strengthening education, training, and family counseling, whereas the GKMNU in Batang Regency emphasized aspects of economic literacy. Neither of them did not address issues on welfare, health, and economic empowerment. The problem movement’s performance needs to be optimized regarding participation, management, and program quality even though the construction of maslahah families represents a tangible expression of maqasid al-sharia and as a way of expediting development goals. The theoretical implications of this study support the notion that the maslahah family plays a crucial role in ensuring the achievement of sustainable development goals. The study also provides practical insights into policy and program development that enhances families’ endeavors to participate as agents of change in the direction of the SDGs. This study advances the synergy of integrative Islamic studies, integrating family concerns, Islamic legal principles, and political development strategies in the context of implementing the SDGs through the maqasid al-sharia-based maslahah family program.
Women's Autonomy in Batik Workers “Divorce Decision Making” Muhtarom, Ali; Muhajarah, Kurnia; Dli'fain, Alif Faza
Hikmatuna : Journal for Integrative Islamic Studies Vol 10 No 1 (2024): Hikmatuna: Journal for Integrative Islamic Studies, June 2024
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v10i1.7264

Abstract

Women today continue to face inferiority. The patriarchal culture prevalent in society generally positions women in a marginalized social status, rendering them vulnerable to violence and exploitation. This results in women lacking control within the household and the absence of autonomous rights. This issue is further exacerbated in the context of divorce cases. This research aims to reveal women's autonomy and the dynamics between husbands and wives in terms of work division and decision-making within the family. This study is a field research that employs a qualitative approach. Collected data were processed and analyzed using an interrelation model. The findings of this study are as follows: First, women's autonomy and power can be realized through access opportunities for women, supported by the existing environmental conditions. Second, in divorce cases, women's autonomy can be assessed through six factors: the absence of spousal responsibility, economic instability, gender awareness, social conditions, ego, and the husband’s lack of motivation to work. Third, the relationship between spouses in work division tends to reflect an equal partnership. Family decision-making, as identified in this study, is characterized by wife-dominant and syncratic decision-making types.

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