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Mukhammad Nur Hadi
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Al-Hukama: The Indonesian Journal of Islamic Family Law
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20897480     EISSN : 25488147     DOI : 10.15642/alhukama
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Hukama serves academic discussions of any Indonesian Islamic family law issues from various perspectives, such as gender, history, sociology, anthropology, ethnography, psychology, philosophy, human rights, disability and minorities, digital discourse, and others. It intends to contribute to the debate in classical studies and the ongoing development debate in Islamic family law studies in Indonesia, both theoretical and empirical discussion. Al-Hukama always places the study of Islamic family law in the Indonesian context as the focus of academic inquiry.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 13 No. 2 (2023): December" : 7 Documents clear
Ensuring Equity in Post-Divorce Economic Rights: A Critical Analysis of Judicial Sensitivity in the Religious Court of Padang Sidimpuan, Indonesia Tarigan, Azhari Akmal; Nasution, Muhammad Syukri Albani; Hutagalung, Syahrial Arif; Arrazy, Syafran
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.181-202

Abstract

Judges are pivotal in issuing impartial decisions that advocate for women, even when they function as primary providers. This study examines the judicial sensitivity towards women as primary breadwinners within families in Padang Lawas Utara. Employing a sociological approach, the research explores the realities among the indigenous people of Padang Lawas Utara. Subsequently, it conducts a comprehensive review of five decisions from the Religious Court of Padang Sidimpuan, falling under the jurisdiction of Padang Lawas Utara. The article reveals that the judges fail to consider the wife’s familial role, especially the role of the wife as the breadwinner. They concentrate solely on the male’s capabilities and rely on evidence of the husband’s income, which proves challenging to validate. Despite the husband’s ownership of assets, including land, houses, rice fields, vehicles, and others, the judge refrains from exercising the ex officio rights to provide the wife's māḍiyah (previous alimony). This underscores the inadequacy of the judge’s sensitivity in establishing the fulfillment and protection of women’s rights, particularly in the context of post-divorce scenarios.
Matchmaking Bureau at the Ministry of Religious Affairs of Surakarta: The Legal Utilitarianism Perspective on the Samawa Program Utami, Ria Cahyaning; Hilmy, Ahmad Arif Masdar; Al Adawiyah, Mutiah Robiah
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.229-252

Abstract

Non-governmental entities often facilitate current matchmaking trends, promoting certain ideologies that may contradict the Islamic family law model introduced by the state. In response, Surakarta’s Ministry of Religious Affairs launched the "Samawa Program: Make Me Your Partner" to support matchmaking, especially amid limited mobility during the COVID-19 pandemic. This article uses a philosophical approach to examine this program’s goals, rules, and strategies and how it aligns with Jeremy Bentham’s legal utilitarianism theory. The article finds that this free of charge program provides marriage guidance practices distinct from regular marriage counseling practices at the Office of Religious Affairs. The program’s objective is for individuals to get marriage guidance as a foundation for building a family and to find a partner who meets their criteria. Considering Bentham’s seven indicators of happiness and pain levels, the program fully satisfies the intensity, duration, proximity, and fecundity benefit aspects. However, it can potentially generate harm regarding the other three elements: certainty, purity, and extent. At this stage, the program is considered highly beneficial, serving as an effective facilitation tool for individuals seeking compatible partners. It not only ensures a satisfying matchmaking experience but also provides quick, credible access to essential marital knowledge.
Preserving Cultural Heritage in Marriage: Exploring Meanings of Kebon Odeq Tradition in the Sasak Community of Central Lombok, Indonesia Haerozi, Haerozi; Winengan, Winengan; Fakhri, Moh.; Sugitanata, Arif; Karimullah, Suud Sarim
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.203-228

Abstract

The convergence of customary norms with Islamic legal norms gives rise to a new legal entity, including philosophical meanings. However, it is often seen as problematic and potentially conflicting with Islamic legal principles. This article seeks to explore the symbolic meanings and reasons for the persistence of the kebon odeq in the marriage customs of the Sasak community in Pengadang Village, Central Lombok. Utilizing an anthropological approach with symbolic anthropology theory popularized by Victor Turner and conducting in-depth interviews with five key informants, this article reveals that within the kebon odeq, the Sasak community in Pengadang assigns significant symbolic meanings to various elements. The components of kebon odeq enhance a sense of unity and cultural values as a form of respect for ancestral customs. Symbolically, it emphasizes the correlation of its symbolic meaning with cultural values, marriage, and social aspects of society. In Islamic law, this tradition holds symbolic meanings related to the values of Islamic marriage, especially commitment and maintaining sustainability. The intersection of philosophical meanings between custom and Islamic law is a significant motivation for the extent to which kebon odeq is preserved and developed by the Sasak Muslim community.
Gawa’ Tradition in Inter-Tribal Marriages in Mentebah, Kapuas Hulu, West Kalimantan: Acculturation, Function, and Humanity Muhammad Fadhly Akbar
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.276-296

Abstract

Local customs influence many Islamic wedding practices in Indonesia. However, not all practices effectively maintain community harmony. This article explores how the Malay and Dayak Mentebah tribes negotiate and position the Gawa' tradition within the societal realm. Employing a socio-anthropological approach, this article finds that the Gawa' tradition is carried out in two forms: one based on Islamic legal norms practiced by the Malay community and the other based on customary norms observed by the Dayak Mentebah community, even if the bride or groom has converted to Islam. Cultural negotiation occurs in several acculturated aspects, from wedding decorations, bridal attire, food composition, and musical instruments to entertain guests. Although some aspects may violate Islamic legal principles, such as serving pork and alcoholic drinks, the tradition significantly impacts individuals, families, and the community by creating a harmonious and mutually beneficial interaction space for both tribes. Regardless of the Malay and Dayak Mentebah tribe's view of Gawa' as a mandatory cultural norm that upholds personal, familial, and communal dignity, they have approached this tradition with humanity and deep respect for each other's beliefs, avoiding large-scale social conflict. Instead, Gawa' serves as a space that fosters social strength grounded in multiculturalism.
Faqihuddin Abdul Kodir's Reasoning on Maintenance: The Epistemological Perspective of Bayāni, Burhāni, and Irfāni Ni'ami, Mohammad Fauzan; Izzuddin, Ahmad; Widyasari S, Citra; Amrullah, Abdul Karim
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.160-180

Abstract

The reinterpretation of the concept of maintenance (nafaqah) plays a pivotal role in defining familial roles. However, maintenance is generally interpreted as the husband’s obligation as the head of the family. This article delves into the epistemological reasoning of Faqihuddin Abdul Kodir in redefining the concept of maintenance within a modern context. Employing conceptual and philosophical approaches, the article reveals that the maintenance concept introduced by Kodir is a product of epistemological reasoning encompassing bāyani, burhāni, and irfāni dimensions. Bāyani reasoning is demonstrated through an understanding approach, and the tabdīl (replacement) method used to analyze maintenance texts. Burhāni reasoning is supported by rational thinking, utilizing primary and minor premises derived from the current phenomena within family dynamics. Irfāni reasoning is evidenced through the elucidation of meaning by Kodir, specifically regarding maintenance texts as a project for the development of divine law (al-aḥkām al-ilāhiyyah) based on the values of love and compassion (raḥmatan lil 'ālamin). This reformulation has implications for methodological and practical innovations regarding maintenance in local and global contexts.
Inheritance Rights of Inactive Digital Accounts: Qiyās-Based Legal Protection Mayasari, Lutfiana; Triyono, Nur; Wulan Agustina, Ulfa; Mukti, Beta Pujangga
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.253-275

Abstract

In this digital world, the death of a person may create issues concerning the deceased’s digital accounts. While the rights of the account holder remain with the account holder while alive, most providers do not allow transfers if the account becomes inactive or the holder dies. In the Indonesian context, 207 million users are exposed to the risk of losing their rights to digital accounts. This research explores the entitlements linked to virtual account ownership and legal protections for the inheritable rights of inactive account holders through qiyās method. Employing a conceptual, legal, and philosophical approach, the study reveals various entitlements connected to the account owner. The owners of an inactive account possess the right, and therefore, it can be inherited. Legal safeguards for inactive digital account owners are present through argument and qiyās (analogy) to ensure their rights as heirs and enable inactive digital account assets to be inherited as non-digital assets. At this point, it is essential to explore the inheritance rights of digital assets further by studying positive law and Islamic law to guarantee personal rights in the digital space.
Husband’s ‘Iddah in Indonesian Islamic Law Context: Insights from the Fatwa Approach of the Indonesian Women’s Ulema Congress Sam'un, Sam'un; Hadi, Mukhammad Nur
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.297-323

Abstract

Islamic family law does not recognize ‘iddah (waiting period) for a husband. However, in Indonesia, he is culturally recommended to postpone remarrying until the completion of his wife's ‘iddah. This article discusses conceptualizing the husband's ‘iddah using the fatwa approach of the Indonesian Women’s Ulema Congress (KUPI). Employing a conceptual and philosophical approach, this article explores secondary data through KUPI's three main fatwa approaches: ma’ruf, mubadalah, and ultimate justice. This article demonstrates that the husband's 'iddah can be deemed obligatory. First, from the ma’ruf perspective, the husband's remarriage during the 'iddah period often harms her due to neglect in providing post-divorce financial support. Second, from a mubadalah standpoint, postponing remarriage after divorce should ideally apply to both husband and wife, allowing psychological reflection space for parties. Third, in the context of ulitimate justice, the husband's remarriage during the ‘iddah period violates the principles of true justice in fulfilling and protecting the rights of women and children. This is because women and children experience more significant and prolonged psychological and social discrimination than men. In this context, mandating ‘iddah for husbands through KUPI's fatwa approach is a pertinent recommendation in Indonesian Islamic legal reform.

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