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Mukhammad Nur Hadi
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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
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Search results for , issue "Vol. 14 No. 2 (2024): December" : 5 Documents clear
Reevaluating the Legal Status of Misyār Marriage: Contextual Insights from Figures of the Indonesian Ulema Council in Malang City Rouf, Abd
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 2 (2024): 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.2024.14.2.232-260

Abstract

This paper explores the perspectives of figures from the Indonesian Ulema Council (MUI) of Malang City regarding the legal status of misyār marriage in contemporary contexts. As an empirical legal study, this research employs a conceptual and philosophical approach and utilizes maqāṣid al-sharī‘ah of Jamāluddīn ibn ‘Aṭiyyah by conducting interviews with two figures. The findings reveal that they consider misyār marriage permissible and valid under stringent conditions. First, the wife must willingly accept the absence of financial support from the husband. Second, the wife's obedience to the husband must remain intact, ensuring that whenever the husband expresses a need or desire, the wife is obligated to fulfill her marital duties. Misyār marriage is viewed as consistent with maqāṣid al-sharī‘ah due to its emphasis on avoiding adultery (zina), reflecting ḥifẓ al-nasl (preserving lineage) and ḥifẓ al-nasab (upholding the family heritage). Furthermore, when this type of marriage provides comfort for the couples, it embodies the values of sakīnah (tranquility), mawaddah (affection), and raḥmah (compassion), aligning with the evolving contexts and the changing needs of the partners. However, this perspective simultaneously raises new legal challenges in the context of Indonesian Islamic family law, which offers women-based protection in the ongoing discourse.
From Patrilineal to Bilateral: A New Balance of Islamic Inheritance Law in Indonesia’s Religious Court Jalaludin, Akhmad
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 2 (2024): 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.2024.14.2.201-231

Abstract

This study investigates the transformation of the Islamic inheritance system within the framework of the Religious Courts in Indonesia. Employing a normative legal research methodology, the study adopts conceptual, philosophical, and prescriptive approaches to analyze key legal materials, including the Compilation of Islamic Law (KHI), Supreme Court jurisprudence, and other legal sources. The finding reveals that this transformation is driven by the necessity to align inheritance laws with Indonesia’s inclusive and egalitarian social and cultural values. The implementation of the KHI and the rulings of the Supreme Court represent a significant step toward adopting a bilateral inheritance system aimed at ensuring a more equitable distribution of inheritance rights, particularly for women. Judges’ reliance on the principle of maṣlaḥah (public interest) is crucial in facilitating this transformation. Despite these advancements, challenges persist, especially in increasing public awareness and acceptance of the reformed system. This progressive reform highlights Indonesia’s Religious Court efforts to make Islamic law more responsive to the principles of gender equality. The article offers valuable insights into the evolution of Islamic inheritance law in Indonesia, contributing to broader discussions on promoting gender justice within the framework of Islamic legal principles.
Mubādalah in Practice: Exploring the Dual Role of Generation Z Students as Couples Zaid, Muhammad; Noor, Safdhinar Muhammad An; Utami, Defanti Putri; Mustofa, Yoki Bisry
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 2 (2024): 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.2024.14.2.171-200

Abstract

Applying the principle of reciprocity within a household is crucial for maintaining family resilience. However, implementing this principle often poses challenges for young families, particularly when one or both partners are still university students. This study focuses on how married students at the State Islamic University of Maulana Malik Ibrahim Malang apply the concept of mubādalah (reciprocity). Using a sociological approach, the research gathered data through in-depth interviews with six students, comprising three male and three female participants. The findings reveal that several students acknowledged that their marriages were founded on mutual values and collaboration, which are representations of mubādalah. The study also highlights that these students successfully navigate dual roles as spouses and students by integrating the principles of mubādalah. They regard this concept as a critical foundation for fostering happiness and family resilience in their lives. The application of mubādalah enables both partners to share responsibilities equitably, transforming marriage into a collaborative and mutually beneficial partnership. These findings affirm that marriage during study, despite academic commitments, does not hinder personal growth. Instead, it demonstrates the practical application of reciprocal and equitable role-sharing practices, which benefit both individuals in the partnership.
From Financial to Moral-Ethical Concerns: Changing Pattern of Divorce Reasons at the Religious Court of Bekasi, Indonesia Mazro'atus Sa'adah; Mudzhar, M. Atho’; Abdullah, Abdul Gani; Subhan, Zaitunah
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 2 (2024): 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.2024.14.2.142-170

Abstract

This study examines the changing causes of divorce at the Religious Court of Bekasi between 2011 and 2020. Employing a qualitative approach, the study utilizes descriptive analysis of recorded divorce cases to explore these trends. The findings reveal fluctuations in the primary causes of divorce. Initially, economic factors dominated, but over time, moral and ethical issues, such as infidelity, domestic violence, and neglect of responsibilities, became more prominent. Subsequently, economic reasons reemerged as a leading factor, albeit with a smaller margin. Social issues such as ineffective communication, lack of mutual respect, and external family interference also contribute to divorce cases. These changes are influenced by the evolving social dynamics and modernity of Bekasi's urban society, where perceptions of family roles have transitioned from a primarily economic partnership to one emphasizing love, self-fulfillment, and emotional connection. This study highlights that social transformation and modernity significantly impact divorce patterns in Bekasi, with economic and moral-ethical factors alternately taking precedence over the past decade.
The Convergence of Customary Law and Islamic Law: Adoption and Inheritance Rights of Adopted Children in Batak Angkola Nasution, Ulfa Ramadhani
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 2 (2024): 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.2024.14.2.261-289

Abstract

This article explores the interplay between customary and Islamic law in the Batak Angkola community, with a focus on child adoption and inheritance distribution. Using Alan Watson’s legal transplantation theory, this study examines how accessibility, habit, and mode (the latest trend) influence the adaptation of these legal practices. Findings reveal that the traditional adoption ceremony, which recognizes adopted children as biological heirs and involves significant costs and time, is becoming obsolete and is gradually abandoned. Consequently, adopted children are no longer regarded as biological heirs, leading to the logical application of compulsory bequest (wasiat wajibah) as a mechanism to grant inheritance rights limited to one-third of the estate. The frequent application of this practice suggests its potential evolution into a living customary law. The adaptation of wasiat wajibah reflects the alignment of customary law with Islamic legal principles, which emphasize justice and procedural ease. This shift underscores society’s preference for efficiency and practicality while preserving adherence to tradition. Thus, the continuous interaction between customary and Islamic legal frameworks fosters legal pluralism, enhances responsiveness to social changes, upholds maṣlaḥah (public welfare), and facilitates the evolution of legal traditions in response to contemporary societal needs.

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