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Mukhammad Nur Hadi
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mukhammad.nur.hadi@uinsa.ac.id
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+6285280179576
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al_hukama@uinsa.ac.id
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INDONESIA
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 5 Documents
 1 
Search results for , issue "Vol. 14 No. 1 (2024): June" : 5 Documents clear
Muslim Families' Resilience Post-Eruption Mount Semeru: The Quest of Women’s Roles in Family Shofi, Muhammad Aminuddin; bin Budin, Azmi
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 1 (2024): June
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.2024.14.1.1-24

Abstract

Women play a crucial role in maintaining family resilience. Their role becomes even more tested in critical situations. This article examines the resilience of Muslim families after the Semeru eruption and highlights the vital role of women in rebuilding family strength in Sumbermujur village, Lumajang, East Java. This article uses a sociological approach, utilizing structural-functional theory. This article reveals that, sequentially, post-relocation, the survivors of the Semeru eruption were impacted economically, psychologically, culturally, and physically. Significantly, they lost assets and faced difficulties finding new jobs, which emerged as the dominant effect. This article shows that women are crucial to building family resilience. From the perspective of structural-functional theory, adaptation is evident in how women must adapt to new physical, psychological, socio-cultural, and economic conditions. This adaptation that aims to achieve family independence and well-being manifests their goals. How women share roles dynamically and flexibly in fulfilling each other's responsibilities reflects integration. The interaction of religious, legal, and social norms that always guide women in performing their roles shows latency. Thus, the role of women in preserving family resilience can be seen as an implementation of their religious responsibilities to achieve a harmonious family in critical situations.
Challenges in Upholding Women’s Post-Divorce Rights: Experiences From Legal Practitioners in the Mataraman Region, East Java Saputra, Wahyu; Ali Murtadlo, Muhammad; Haider, Aftab
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 1 (2024): June
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.2024.14.1.46-73

Abstract

This article examines the fulfillment of womens' post-divorce rights initiated by the wife in the Religious Courts of the Mataraman Region, East Java. Applying the legal system and feminist legal theory, this article combines a normative juridical approach with case studies. The findings identify inconsistencies between the legal substance and its implementation in Mataraman Region, which affect the fulfillment of wives' rights after divorce. Law enforcement officers face challenges in enforcing these rules due to patriarchal culture and a lack of gender awareness. The legal culture within society also influences the process of fulfilling wives' rights, particularly concerning the impact of patriarchal culture and gender stereotypes. Utilizing feminist legal theory, gender bias in the application of the law often disadvantages women, indicating the urgent need for fundamental changes to achieve gender justice. Therefore, revising and harmonizing legal regulations in a more specific and detailed manner through implementing rules issued by the Supreme Court and enhancing gender awareness among law enforcement officers and the community is crucial to ensure the fair and equitable fulfillment of wives' rights post-divorce.
Artificial Intelligence and Divorce Law: Problems and Challenges of Divorceify for Indonesia’s Legal Future Kamalludin, Iqbal; Pratami, Bunga Desyana
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 1 (2024): June
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.2024.14.1.111-141

Abstract

Divorceify is an Artificial Intelligence (AI)-based platform designed to assist in managing divorce processes within a divorce accounting system. However, applying this platform in Indonesia’s legal system may face several challenges. This article examines the extent of Divorceify’s role and influence within the judicial system. It also delves into the challenges and future impacts of using Divorceify in Indonesia’s legal system. Using normative research methods with a conceptual approach, this article asserts that in the context of Indonesian law, the adoption of such technology faces various obstacles, including alignment with local legal frameworks, cultural sensitivities, access and education on technology, and data privacy issues. Indonesia’s legal system can adapt to this innovation in order to improve efficiency and fairness in divorce proceedings, as it is seen as capable of enhancing efficiency, reducing costs, providing fairer outcomes, and alleviating administrative burdens on courts. Additionally, critical obstacles must be addressed to ensure successful integration, especially regarding legal ethics and personal data protection. With the appropriate regulatory, ethical, and technological frameworks, AI-based divorce management tools like Divorceify hold significant potential to improve Indonesia’s judicial system.
Fulfilling Ustaz Families’ Needs at the Al-Ashriyyah Nurul Imam Pesantren, Bogor, Indonesia: Between Hegemony and Independency Aziz, Abdul; Nugraha, Iqbal Subhan; Hakim, Lukman
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 1 (2024): June
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.2024.14.1.74-110

Abstract

Economic support from pesantren contributes to the ustaz families' stability, although it may create a dependency on their autonomy. This article discusses the financial support provided by pesantren and its dual impact on strength and independence within the ustaz families at the Al-Ashriyyah Nurul Iman Pesantren. Using empirical research with sociological methods, data are collected through in-depth interviews, observations, and documentation to gain insights into how this support affects their daily lives, economic stability, and sense of independence. Additionally, this article utilizes family resilience and hegemony theory. This article reveals that the facilities and allowance provided by the pesantren have a significant impact on the welfare of the ustaz families. Even though they appreciate what pesantren provided, some of them feel that there is a restriction on personal and family freedom, particularly in achieving economic self-sufficiency beyond the pesantren environment. This highlights a critical tension between financial security and autonomy that seems to be hegemonies.
Marriage Registration for All Religions at the Office of Religious Affairs: Between Debate and Promoting Moderation Rifqi, Muhammad Jazil
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 1 (2024): June
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.2024.14.1.25-45

Abstract

The Office of Religious Affairs (KUA), which operates in sub-districts across Indonesia, currently serves marriage registration only the Muslim community, while non-Muslims must register in the district-based Civil Registry Office. Recently, the Minister of Religious Affairs has proposed transforming KUA into a marriage registration center for all religions, which has provoked criticism. This study explores how the debate about inclusive marriage registration services runs in the media while examining the promotion of moderation in its services. Using a historical and sociological approach, it finds that, historically, during the Dutch East Indies period, non-Muslims registered marriages at the Burgerlijk Stand, while Muslims went to the Kantor Voor Inslanche Zaken/Shumubu. Expanding KUA's role to all religious marriages raises significant regulatory challenges and elicits mixed reactions. Critics argue this change may compromise the sacredness of religious marriage rites and alter KUA's traditional role. At the same time, supporters see it as a way to simplify marriage administration, especially in remote areas. The study suggests that the legacy of Dutch colonial legal practices (rechtstelsel) should be reassessed and adapted to address modern needs, aiming for a legal framework that ensures good governance through legal certainty, utility, and public interest alignment.

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