Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
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.
Articles
52 Documents
<![CDATA[HUKUM MENIKAHKAN ANAK PEREMPUAN DENGAN ORANG YANG TIDAK DIINGINKAN MENURUT SYAIKH ALI JUM'AH ]]>
<![CDATA[Afadi, Ahmad Alfin]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v4i2.838
<![CDATA[This article is about parents forcing their children to marry unwanted people reflects the need to protect individual rights and ensure a healthy marriage relationship. This article discusses the law of parents who marry their children to people who are not wanted from the point of view of the Mufti of Egypt, Sheikh Ali Jum'ah. This article uses qualitative research methods with the primary source of book al-Bayān limā Yusghilu al-Adzhān by Sheikh Ali Jum'ah. Marriages built on love and family agreement between two individuals have the potential to create strong and sustainable bonds. Conversely, coercion in marriage can damage the dynamics of the relationship, hurt the psychological and emotional well-being of children, and cause conflict in the family. Therefore, Shaykh Ali Jum'ah is firm in prohibiting all forms of coercion on children to marry those he does not want; parents only have the right to direct, not determine, the life partner of their children. This article is expected to answer the problems that occur in the community so that people understand that children have the right to choose their life partner.]]>
<![CDATA[PERAN KELUARGA SEBAGAI MEDIA PEMBELAJARAN KECERDASAN SPIRITUAL YANG BERBASIS PANDANGAN SAYYED HOSSEIN NASR ]]>
<![CDATA[Akbar, Zainuri]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v4i2.839
<![CDATA[This research is about how the family plays a role as a stimulator in building spiritual intelligence based on the Neo-Sufism views of Sayyed Hossein Nasr. That the family can be a container for a learning system for humans in cultivating character and personality. Character cultivation from within the family is significantly expected to be able to equip someone in achieving an understanding of spiritual meaning. Based on these reasons, this study attempts to provide a formulation for modern society in building spiritual intelligence based on a family approach. This study uses a qualitative analytical literature research method to reveal phenomena holistically and contextually. The results of the study show that modern society is increasingly losing its understanding of spiritual behavior, resulting in sensitivity to social conditions that are less vigilant and attentive. This study shows that in Nasr's view, the family does not only function as a place to gain worldly knowledge, but also for the good of the hereafter. Through teaching religious values, practicing joint worship, and strengthening mutually supportive emotional relationships, families can create an atmosphere conducive to the development of spiritual intelligence.]]>
<![CDATA[TINJAUAN HUKUM PERKAWINAN ISLAM TERHADAP PERKAWINAN KAFAAH SAYYID-SYARIFAH PADA KOMUNITAS ARAB TERNATE ]]>
<![CDATA[Ismail, Nining Zahara]]>;
<![CDATA[Abubakar, Fatum]]>;
<![CDATA[Sanmas, Abu]]>;
<![CDATA[Fadhly, Muhammad]]>;
<![CDATA[Killian, Nursinita]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v4i2.843
<![CDATA[This research aims to find out what the kafa'ah concept of sayyid-syarifah marriage is and analyze this concept using Islamic Marriage Law. This research is a type of qualitative research. By using data collection techniques through observation, interviews and documentation. The data analysis techniques used are data reduction, data presentation and data verification. The results of the research show that the concept of kafa'ah applied by sayyid-syarifah in Ternate City is the concept of kafa'ah nasab. The goal is to ensure that their lineage is not interrupted. To achieve the concept of kafa'ah nasab, sayyid-syarifah carry out endogamous marriages, namely marriages carried out with members of the same group to achieve certain goals. Endogamous marriage is permitted in Islam, as long as it is not included in mawani' al-nikah. The conclusion obtained is that the sayyid-syarifah in Ternate City are strongly encouraged to maintain and carry out mutual marriages, especially the syarifah. Because they have a big responsibility for maintaining their lineage, if they marry someone who is not a sayyid then that lineage will be broken.]]>
<![CDATA[INSENSITIVITAS GENDER DAN EKSKLUSI SOSIAL BAGI PASANGAN NIKAH USIA ANAK: PENDEKATAN FENOMENOLOGI DI KECAMATAN RANUYOSO KABUPATEN LUMAJANG ]]>
<![CDATA[Hidayah, Ulil]]>;
<![CDATA[Luayyin, Reza Hilmy]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v4i2.847
<![CDATA[This research aims to explore the gender insensitivity and social exclusion experienced by child marriage couples in Ranuyoso sub-district, Lumajang district. Using a phenomenological approach, the study collected data through in-depth interviews with child marriage couples, parents and community leaders, to understand their experiences and the challenges they face in the local social and cultural context. The results show that gender insensitivity, manifested in traditional norms and values, contributes to the social exclusion of child marriage couples. They often face constraints in accessing education, health services and participation in community activities. This research reveals that low awareness of gender issues exacerbates their exclusion and limits their opportunities for social and economic development. The findings highlight the importance of interventions based on sensitive gender understanding and community support to improve social inclusion for child marriage partners in the area.]]>
<![CDATA[PERAN ISTRI SEBAGAI PENUNJANG EKONOMI KELUARGA (Kajian Fikih Sosial Kiai Sahal Mahfudh pada Masyarakat Muslim di Desa Cangkringan Kabupaten Boyolali) ]]>
<![CDATA[Erfan, Herfin Fahri]]>;
<![CDATA[Hilmi, Moh. Abdulloh]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v4i2.848
<![CDATA[This article is a study on the role of wives as supporters of the family economy within the Muslim community of Cangkringan Village, Banyudono Boyolali regency Central Java. The purpose of this research is to understand the concept of the wife as a supporter of the family’s economic livelihood from a Social Fiqh perspective. The research data includes primary data obtained through interviews and observations, as well as secondary data gathered from relevant literature. The analysis results show that the wife plays a crucial role in maintaining the family’s economic balance, in accordance with the Social Fiqh principles outlined by Kiai Sahal Mahfudh. This study provides a deeper understanding of the wife’s responsibility in supporting the continuity of the family’s economic livelihood. The findings indicate that the wife’s role is not limited to managing the household, but also involves activities in earning an income to support the family’s needs. The importance of the wife’s role in supporting the family’s economic livelihood in Cangkringan Village not only provides economic benefits, but also has a positive impact on family harmony.]]>
<![CDATA[PRINSIP MAṢLAḤAH ATURAN PEMASANGAN ‘POLISI TIDUR’ DI JALAN PEMUKIMAN MENURUT HUKUM ISLAM DAN HUKUM POSITIF ]]>
<![CDATA[Cahayaningsih, Ica Putri]]>;
<![CDATA[Hamidah, Tutik]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v4i2.861
<![CDATA[The installation of speed bumps must be carried out by units/institutions determined in accordance with Minister of Transportation Regulation Number 82 of 2018, so that they do not cause accidents and have negative consequences for road users. The aim of this research is to find out the law on installing speed bumps on public roads, both in terms of positive law and Islamic law. Apart from that, it is also to find out the sanctions obtained from installing speed bumps that do not comply with the regulations. This research is library research. This research was carried out by searching, reading, collecting and analyzing several sources related to the existing problem. The results of this research are that the basis for installing speed bumps is regulated in Law No. 14 of 2021, Amendments to Regulation of the Minister of Transportation No. 82 of 2018 concerning Road User Control and Safety Devices. These regulations explain the standards for installing speed bumps. Meanwhile, from an Islamic legal perspective, installing speed bumps can be considered a preventive measure to regulate vehicle speed and maintain the safety of drivers and pedestrians in certain locations. This is in line with the principle of maslahah (general goodness) in maintaining life and order.]]>
<![CDATA[IDEOLOGY CRITIQUE OF ACEHNESE WOMEN'S POLITICAL PARTICIPATION: A COMMUNICATION TRADITION ANALYSIS USING FRANKFURT CRITICAL THEORY AND ASMA BARLAS FEMINISM ]]>
<![CDATA[Chairozi, Fachri]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v5i1.958
<![CDATA[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.]]>
<![CDATA[Telaah Fikih dan Perundang-undangan di Indonesia tentang Monogami dalam Perjanjian Perkawinan ]]>
<![CDATA[Subhan, Moh]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v5i1.963
<![CDATA[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]]>
<![CDATA[Tradisi Bapingit Menjelang Pernikahan dalam Realitas Sosial dan Gender Masyarakat Adat Banjar ]]>
<![CDATA[Azizah, Azizah]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v5i1.966
<![CDATA[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]]>
<![CDATA[The THE IMPORTANCE OF REACHING ADULTHOOD FOR BUILDING A HARMONIOUS FAMILY IN ISLAMIC MARRIAGES IN INDONESIA ]]>
<![CDATA[Arifin, Syamsul]]>
<![CDATA[ Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 5 No 1 (2025): Al Hakam ]]>
Publisher : <![CDATA[Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia ]]>
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DOI: 10.35896/alhakam.v5i1.1003
<![CDATA[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.]]>
