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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 226 Documents
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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.
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.

Page 19 of 23 | Total Record : 226

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