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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 231 Documents
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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.
Islamic Legal Reform and the Principle of Moderation: A Study of Indonesian Family Law Ilma, Mughniatul
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 1 (2025): 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.2025.15.1.68-93

Abstract

The ethos of moderation (wasaṭiyyah) serves as a foundational principle in Islamic law, particularly within the domain of family law. However, the codification of Islamic law into state legislation raises a critical question: Does the legal positivization of these norms reinforce, constrain, or obscure the spirit of moderation? This article examines how the principle of moderation is articulated and institutionalized in the reform of Islamic family law in Indonesia, with particular reference to Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. Utilizing a normative legal methodology with a conceptual and statutory approach, this study finds that the reforms reflect key values of moderation, particularly in provisions concerning the minimum age of marriage, the status of children born out of wedlock, and the regulation of polygamy. These developments demonstrate a conscious effort to balance Sharia with evolving societal needs, uphold justice, and integrate local wisdom and universal human rights. In doing so, Indonesia's model of Islamic family law reform illustrates how Islamic legal principles can remain both contextually responsive and normatively grounded in the ethical vision of Islam.
Framing the Digital Discourse on Childfree in BincangSyariah.com: A Maqāṣid al-Sharīʿah Perspective Umumah, Mega Zakhirul; Rizki Dwi Aprilianto; Achmad Afandy; Muhammad Iqbal Wi'an Ekaputra; Nur Lailatul Musafa'ah; Shavia, Andina Najma
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 1 (2025): 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.2025.15.1.94-124

Abstract

The discourse on childfree has emerged as a complex and multidimensional topic within both digital spaces and contemporary Islamic legal thought. When articulated online, this discourse reflects varying forms of partiality and narrative framing, shaped by the distinctive character and ideological orientation of each platform. This study aims to explore how BincangSyariah.com presents the issue of childfree through the lens of maqāṣid al-sharīʿa. Employing a normative-legal methodology with a conceptual and philosophical approach, the research utilizes qualitative-descriptive analysis. The primary data consists of selected articles on childfree published by BincangSyariah.com, while secondary sources include classical and contemporary Islamic legal literature, alongside scholarly discussions on gender and digital media. Analytical tools include Robert N. Entman’s framing theory and maqāṣid al-sharīʿah. The findings reveal that BincangSyariah.com presents childfree not as a deviation from Islamic norms, but as a legitimate life choice when supported by rational considerations and contextualized within Islamic legal and ethical discourses. The site provides a discursive space where the perspectives of Islamic law, hadith, gender, and social analysis intersect. From a maqāṣid al-sharīʿa perspective, the framing aligns with the objectives of preserving intellect (ḥifdh al-ʿaql) and lineage (ḥifd al-nasl). This study highlights the pivotal role of Islamic digital media in addressing contemporary socio-religious issues while upholding ethical commitments rooted in Islamic law.
Between Theoretical Sharia and Practical Realities: A Critical Analysis of Interfaith Marriage in Classical Texts and Contemporary Legal Contexts Nasrulloh, Muhammad; Witro, Doli; Baskoro, Aji; Ahmad, Sabarudin; Ermawan, Muhammad Zakky Ubaid; Alghani, Raid
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 1 (2025): 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.2025.15.1.1-35

Abstract

Islamic law does not categorically prohibit all forms of interfaith marriage. However, this permissibility requires critical re-examination in light of contemporary socio-legal realities. In the Indonesian context, the increasing occurrence of interfaith marriages, compounded by the issuance of Supreme Court Circular (SEMA) No. 2 of 2023, which explicitly prohibits their recognition, raises urgent questions regarding the relevance and applicability of classical Islamic legal doctrines in modern legal systems. This article explores whether the permissibility of interfaith marriage in Islamic law is both theoretically coherent and practically feasible, or whether it remains a doctrinal ideal with limited applicability in real-world contexts. Utilizing a normative legal methodology that incorporates conceptual, statutory, and historical approaches, and employing a contemporary fiqh-based analysis, the study argues that the marriage of a Muslim man to a Christian or Jewish woman (ahl al-kitāb) remains valid under classical Islamic jurisprudence (fiqh). Nevertheless, such permissibility should not be generalized as a communal norm, especially within Muslim-majority societies. Instead, interfaith marriages should be addressed on a case-by-case basis, particularly in exceptional circumstances, such as in non-Muslim majority societies where access to Muslim partners is severely limited, including certain localities in Indonesia. The findings highlight the significance of contextual legal reasoning (ijtihād) and the discretionary application of Islamic legal norms in accommodating interfaith marriages within Indonesia's pluralistic legal and social framework.
Assessing Couples’ Readiness and Child’s Best Interests: A Comparative Analysis of Mojokerto Religious Court Decisions on Marriage Dispensation Arif, Alfiyah Faizatul
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 1 (2025): 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.2025.15.1.36-67

Abstract

The issue of marriage dispensation (dispensasi nikah) continues to attract significant scholarly attention in Indonesia, especially after the legal reform that raised the minimum marriage age to 19 for both men and women. This change has led to an increase in dispensation requests submitted to religious courts, where judges have the discretionary power to approve or reject each case based on its unique circumstances. This article analyzes two contrasting rulings from the Mojokerto Religious Court—Case Number 321/Pdt.P/2024/PA.Mr and Case Number 597/Pdt.P/2024/PA.Mr—both filed due to pregnancy outside marriage. Despite similar legal grounds, the court granted the petition in the first case but denied it in the second. Using a normative legal approach that combines statutory and philosophical perspectives alongside legal interpretation theory, the study reveals that both decisions employed teleological reasoning. However, judges assessed the couples’ readiness for marriage differently, taking into account psychological, social, and economic factors. In Case 321, with a 15-week pregnancy, the applicants were deemed ready, while in Case 597, involving a 12-week pregnancy, they were not. Both rulings relied heavily on recommendations from the Integrated Service Center for the Empowerment of Women and Children (P2TP2A). While judges emphasized the child’s best interests, the analysis highlights a tendency to prioritize institutional opinions over independent judicial reasoning (ijtihād). This raises important questions about the extent to which human rights considerations are deeply engaged in contemporary Islamic family law decisions in Indonesian religious courts.
Fiqh and Divorce Law in Indonesian Cinema: A Critical Analysis of Talak 3 and Wedding Agreement Zuhroh, Poetri Lailatuz
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 1 (2025): 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.2025.15.1.125-148

Abstract

As a form of popular culture, film serves as an engaging medium for disseminating and popularizing family law in a more appealing and accessible way. However, narrative distortions and misrepresentations of legal norms within cinematic stories are possible. This article examines how the concept of triple divorce in Indonesian Islamic Family Law is portrayed in two Indonesian marriage-themed films: Talak 3 and Wedding Agreement. Both films depict divorce proceedings within the jurisdiction of Indonesia’s Religious Courts. Through a normative legal analysis combined with qualitative content analysis, this study finds that the cinematic depiction of divorce processes in these films is not entirely consistent with the principles of Indonesian Islamic family law. Talak 3 depicts the pronouncement of three divorces at once as constituting an irrevocable major divorce (ṭalāq ba’in kubrā). At the same time, Wedding Agreement portrays consecutive triple divorces occurring outside the court, similarly resulting in an irrevocable major divorce when submitted to the Religious Court. These portrayals tend to reflect classical fiqh doctrines rather than Indonesia’s codified Islamic family law, thereby reinforcing a conservative perspective. Such misrepresentations within Indonesian films risk perpetuating public misunderstandings and undermining efforts to modernize family law. Given the film’s influence in shaping legal awareness, accurate legal depiction in popular media is essential. This study urges scholars and practitioners to ensure that films accurately represent family law, thereby enabling cinema to positively support legal literacy and the progressive development of Indonesian Islamic family law.
Regulating Arbitrary Divorce in Islamic Family Law: A Maqāṣid al-Sharīʿah–Based Comparative Analysis of Muslim-Majority Legal Systems Fadhilah, Nur; Musonnif, Ahmad; Hadisiswati, Indri
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): 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.2025.15.2.149-175

Abstract

This article examines how contemporary Islamic family law regulates arbitrary divorce and evaluates the extent to which such regulation operationalizes maqāṣid al-sharīʿah, particularly as conceptualized by Jamāl al-Dīn ʿAṭiyyah. Arbitrary divorce is understood as unilateral marital dissolution that occurs without adequate judicial oversight, substantive justification, or fair compensation, resulting in harm to women and children. The study asks how different legal systems constrain or reproduce arbitrary divorce and which regulatory model most effectively realizes substantive justice. Employing a qualitative and comparative method, the research analyzes statutory regulations, judicial structures, and doctrinal frameworks governing divorce in Indonesia, Iran, and Algeria as material objects of study. The findings demonstrate three distinct regulatory patterns. Indonesia adopts a procedural model that formally judicializes divorce but fails to prevent substantive injustice due to weak enforcement and partial protection of women’s financial and custodial rights. Iran reflects an administrative–doctrinal model that retains significant male prerogatives while introducing limited compensatory mechanisms. In contrast, Algeria represents a substantive maqāṣid-oriented model in which expanded judicial authority, mandatory reconciliation, and compensation for harm effectively constrain unilateral divorce and promote financial justice and child welfare. The study concludes that effective regulation of arbitrary divorce depends not on procedural formality alone but on the institutional capacity to translate ethical objectives into enforceable outcomes. This maqāṣid-based typology contributes to Islamic family law scholarship by offering a comparative framework for evaluating justice-oriented legal reform.
Unregistered Marriage among University Students: Family Influence, Religious Legitimacy, and the Negotiation of Marriage Law Muis, Moch. Zulkarnain; Hidayati, Nunuk; Kusumo, Muhammad Trenggono
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): 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.2025.15.2.176-203

Abstract

Unregistered marriages (nikah siri) are often placed within a rigid dichotomy between religious legitimacy and state legality. However, the lived experiences and legal awareness of those involved are frequently overlooked. This article examines the motives, meanings, and lived experiences of unregistered marriage practices among undergraduate students at Sunan Ampel State Islamic University Surabaya, Indonesia. This article is an empirical legal study that employs a socio-legal approach grounded in phenomenological theory. By engaging three married students, selected through purposive sampling, data were collected via in-depth interviews and analyzed using phenomenological reduction—including bracketing and eidetic reduction—to uncover the essential structure of the participants’ consciousness. This article demonstrates that unregistered marriage is not perceived as a legal violation but rather as a contextual response to the religious, social, and economic conditions faced. The primary motives identified include avoiding adultery, preserving family honor, and achieving economic efficiency. Participants interpret an unregistered marriage as valid under religious law, even though it is not recognized by the state, reflecting a dualism between religious legitimacy and legal validity. In practice, the fulfillment of the rights and obligations of husband and wife is negotiated contextually based on agreement, responsibility, and spiritual commitment, including in decisions to postpone living together and pregnancy. This article argues that unregistered marriages among students are not entirely based on defiance of state law but rather a solution to social conflicts within families
Judicial Attitudes and Interpretations toward Interfaith Marriage and Apostasy-Based Divorce: A Study of the Religious and District Courts of Salatiga Mustofa, Kholifatun Nur
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): 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.2025.15.2.204-228

Abstract

Religious difference remains one of the most sensitive and enduring debates in matters of marriage and divorce, often placing judges in complex interpretive positions. This study examines judicial attitudes toward interfaith marriage and divorce on the grounds of apostasy (riddah) in Salatiga, Indonesia. Using a socio-legal approach, this research draws on in-depth interviews with three judges and an analysis of ten judicial decisions issued by the Salatiga Religious Court and District Court. The findings indicate clear divergences in judicial attitudes, largely shaped by differences in educational background, legal reasoning, and normative orientation. Two judges firmly rejected interfaith marriage based on Islamic legal doctrine and concerns regarding family harmony, while another adopted a human rights perspective and did not regard interfaith marriage as inherently problematic. Notably, neither court recorded formal applications for interfaith marriage, as couples often bypassed judicial authorization. In contrast, divorce cases involving apostasy revealed a more flexible judicial stance. Judges implicitly recognized the validity of interfaith marriages conducted in churches, despite the absence of prior approval. For the sake of legal certainty, they reframed religious conversion as continuous marital disputes. This practice reflects judicial efforts to balance textual norms with social realities in pursuit of substantive justice.
Between Normative Guarantees and Empirical Realities: Disability Access to Marriage Services at Religious Affairs Offices in Surabaya Shodiqin, Mohammad; Ghufron, Muhammad; Bilhaq, Ahmad Razan
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): 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.2025.15.2.229-257

Abstract

The state bears a constitutional obligation to ensure equal access to public services, including marriage registration, for all citizens, including people with disabilities. However, in practice, the accessibility of marriage services at the Office of Religious Affairs (KUA) remains limited. This study aims to examine the inclusivity of marriage services for people with disabilities at four KUAs in Surabaya: Tambaksari, Sawahan, Semampir, and Wonokromo. Using a sociological jurisprudence design, this empirical study collected data through observation and in-depth interviews with KUA heads and penghulus (marriage registrars). The findings reveal significant disparities in physical and non-physical accessibility, with only the Sawahan KUA demonstrating minimal infrastructure readiness. Other KUAs still face structural barriers, a lack of assistive facilities, and the absence of sign language interpreters. In response, marriage registrars employ discretionary practices, such as non-verbal consent mechanisms and family-assisted communication, as survival innovations to ensure the validity of marriage procedures. However, these practices remain partial and non-standardized, potentially leading to legal uncertainty and unequal access to services. From a human rights and Islamic law perspective, these limitations reflect a gap between normative guarantees and empirical reality, particularly regarding the fulfillment of the principles of equality and non-discrimination. This study advocates a paradigm shift from a charitable to a rights-based approach, ideally supported by technical regulations, inclusive infrastructure, and institutional capacity-building, to ensure dignified and equal access to marriage services for persons with disabilities.

Page 23 of 24 | Total Record : 231

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