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Fathonah K. Daud
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fathkasuwi@gmail.com
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alhakam.iaialhikmahtuban@gmail.com
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Jl. Pondok Pesantre Al Hikmah No. 1-3 Binangun Singgahan Tuban Jawa Timur 62361, Indonesia.
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Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Published by Universitas Al-Hikmah Indonesia
ISSN : 27763404     EISSN : 27763404     DOI : https://doi.org/10.35896/alhakam.v3i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues,is a scientific periodical published by the Islamic Family Law Study Program, Fakulty of Syariah, University of Al-Hikmah Indonesia. The articles featured in this scientific periodical are about thoughts on family law, fiqh al-nisa, marriage traditions, Islamic justice and gender issues. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues The main language is Indonesian, while the additional languages are English and Arabic. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues is published twice a year, namely in May and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 5 No 1 (2025): Al Hakam" : 6 Documents clear
IDEOLOGY CRITIQUE OF ACEHNESE WOMEN'S POLITICAL PARTICIPATION: A COMMUNICATION TRADITION ANALYSIS USING FRANKFURT CRITICAL THEORY AND ASMA BARLAS FEMINISM Chairozi, Fachri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.958

Abstract

This research uses a descriptive qualitative method through a library receach to analyse relevant sources based on the critical theory of the Franfrut school to see the phenomenon of distorted communication in society due to the power structure. This research also refers to Asma Barlas' views on gender equality in the Qur'an. The aim is to find out the level of women's participation in politics that is hindered by excessive sacredness in culture and spirituality. The results of the research show that women's political interests in Aceh are distorted by the encouragement of traditional knowledge formed on cultural and spiritual arguments, as evidenced by the fatwa issued to limit women's political expression in the context of leadership in Aceh. For this reason, this research offers ideas or breakthroughs to realise the interests of 30 per cent women's representation through general elections.
Telaah Fikih dan Perundang-undangan di Indonesia tentang Monogami dalam Perjanjian Perkawinan Subhan, Moh
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.963

Abstract

Abstract The focus of the study in this article is monogamy as a clause in a marriage agreement from the perspective of Islamic jurisprudence and legislation in Indonesia. Legal norms are used as the discussion method. The data sources used are secondary data taken from the Qur'an, hadith, Islamic jurisprudence, and legislation in Indonesia; Civil Code, Marriage Law Number 16 of 2016 and the Compilation of Islamic Law. The data analysis method uses qualitative descriptive analysis. The results of the study state that monogamy as one of the clauses of a marriage agreement from the perspective of Islamic jurisprudence is still debatable, while from the perspective of legislation in Indonesia; Civil Code, Marriage Law and the Compilation of Islamic Law, such an agreement is permitted as long as it does not conflict with moral norms, laws and public order
Tradisi Bapingit Menjelang Pernikahan dalam Realitas Sosial dan Gender Masyarakat Adat Banjar Azizah, Azizah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.966

Abstract

The research examines the tradition of bapingit before marriage in the Banjar indigenous community with a focus on social construction and the dynamics of gender roles. The bapingit tradition is a form of local wisdom passed down from generation to generation, which aims to educate and prepare the bride and groom physically, mentally and spiritually before entering married life. However, in its development the tradition is the only imposed on women with social pressure to maintain morality and honor, while men do not undergo similar rituals and have a more passive role. This study aims to answer the implementation of the bapingit tradition and the social and gender construction in the bapingit tradition of the Banjar indigenous community, using empirical research and a legal sociological approach. Data collection techniques through interviews and observations were analyzed using ‘urf, maslahah, and structural functionalism theory, as well as gender equality theory. The result of this research is that bapingit in Banjar customary society is not just a cultural heritage, but also has a philosophical basis and benefits as a form of guarding the bride and groom who are in line with ‘urf theory and maslahah theory. The results of this study show that social construction has led to changes in the parrern of implementation of the bapingit tradition that reflects gender stereotypes that place women as guardians of traditional values and morals, thus reinforcing unequal gender roles in Banjar society
The THE IMPORTANCE OF REACHING ADULTHOOD FOR BUILDING A HARMONIOUS FAMILY IN ISLAMIC MARRIAGES IN INDONESIA Arifin, Syamsul
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.1003

Abstract

Early marriage rates in Indonesia are relatively high. This is quite ironic, considering that marriage is not merely about conducting a ceremonial union, but also about bearing the responsibility of building a good family with the hope of achieving sakinah, mawaddah, and warahmah (peace, love, and compassion). A new development has occurred in Indonesia with the enactment of Undang-Undang No 16 Tahun 2019, which amends Undang-Undang No 1 Tahun 1974 on Marriage. The main emphasis of Undang-Undang No 16 Tahun 2019is the revision of the minimum age requirement for marriage. Early marriage has negative impacts both psychologically and in terms of health. Entering marriage at an adult age plays a vital role in minimizing the potential negative effects associated with early marriage. This, in turn, helps pave the way for a harmonious and peaceful family life.
PENERAPAN ISTISHÂB DALAM KASUS AHLI WARIS YANG HILANG (MAFQŪD) ATAU TIDAK DI KETAHUI KEBERADAANNYA Faizah, Isniyatin; Izza, M. Syafi’ Nuril; Najib, M.
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.1004

Abstract

Islamic inheritance law is a critical aspect that Muslims are required to study as part of fardu kifayah, in accordance with the teachings of the Prophet Muhammad. A key challenge in this domain is the case of a missing heir, or mafqūd, whose unknown whereabouts often trigger disputes over the ownership of inherited assets. This study aims to investigate the role of Istishāb, an Islamic legal method that maintains the existing legal status until evidence emerges to change it, in addressing cases of missing heirs. Employing a qualitative approach through document analysis, this research explores the definition of Istishāb as understood by ushul fiqh scholars, its relevance to inheritance law, and its application in determining the status of a mafqūd. The findings reveal that Istishāb plays a significant role in ensuring justice and legal certainty by presuming the missing heir is alive until proof of death is established, thereby protecting the rights of other heirs. The study also elaborates on the perspectives of fiqh scholars, the supporting shar’i evidence, and the procedures for determining the status of a mafqūd, including the freezing of the inheritance share until legal certainty is achieved. Thus, Istishāb functions not only as a legal tool but also as a mechanism to ensure social justice in the distribution of inheritance.
UPAYA PASANGAN SUAMI-ISTRI PENYANDANG DISABILITAS DALAM MEMBENTUK KELUARGA SAKINAH PERSPEKTIF PSIKOLOGI KELUARGA Daud, Fathonah K.; Baroroh, Nunuk Umi; Akbar, Zainuri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v5i1.1012

Abstract

This research examines several efforts of husband and wife couples with disabilities in forming a sakinah family from a family psychology perspective. The aim of this research is to find out several efforts and things that are factors in the formation of sakinah families as well as factors that hinder sakinah families in families of people with disabilities. This research is descriptive qualitative in nature, with data collection methods carried out by means of observation, interviews and documentation. The objects of this research are residents of Sokogrenjeng Kenduruan Tuban village who have disabilities and have partners. This is not easy to achieve, because disabled couples certainly have many obstacles in achieving this. The research results show that there are several efforts to create a sakinah family, including harmony in the family, responsibility between husband and wife, ideal leaders, support from family and the environment, based on a sense of mawaddah and mercy. Apart from that, there are several efforts specifically for psychological needs that are implemented to create a sakinah family, including strong cohesion, accepting agreements within the family, a sense of belonging, good communication, a sense of attraction between family members, and each member trying to achieve family goals. . This shows that family psychology has an important role in the family to achieve a harmonious family for couples with disabilities. This research makes an important contribution to our understanding of efforts to form a sakinah family, especially for couples with disabilities, that it is not easy to create a sakinah family, especially in limited conditions.

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