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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 234 Documents
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Beyond Pity: Dialectics of Religious Authority, Social Capital, and Stigma in Intellectual Disability Marriage Sallom, Dea Salma; Hilmy, Masdar; Apipudin , Syamsudin
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.2025.15.2.258-285

Abstract

Marriage involving persons with intellectual disabilities remains a contested issue within Islamic family law, particularly at the intersection of religious norms, social values, and stigma. While the right to marry is normatively recognized, its practical implementation often reveals tensions between protection, autonomy, and societal expectations. This study aims to examine how the dialectics of religious authority, social capital, and stigma shape the practice of marriage between persons with intellectual disabilities and non-disabled partners in Muslim communities. Employing a socio-legal approach, this research is based on in-depth interviews, participant observation, and documentation conducted in Gresik, Indonesia. The data were analyzed thematically using Pierre Bourdieu’s framework of habitus, capital, and field. The findings reveal three major points. First, religious-cultural habitus constructs marriage as a moral obligation, often driving families to arrange marriages as a form of protection and preservation of social honor. Second, religious and social capital function as key survival strategies, providing both moral legitimacy and practical support for sustaining the household. Third, persistent social stigma operates as symbolic violence that questions the couple’s kafa’ah (marital compatibility) and limits their social inclusion. This study argues that marriage involving persons with intellectual disabilities is not merely an individual decision but a product of complex social negotiations shaped by competing structures of legitimacy and exclusion. Therefore, it highlights the urgency of reinterpreting Islamic family law in a more inclusive manner and strengthening institutional support to ensure the dignity, autonomy, and equal rights of persons with disabilities in marital life.
Between Social Structures and Individual Agency: Resistance to Same-Clan Marriage Prohibition in Mandailing Batak Society Mohammad Fauzan Ni'ami; Muhammad Yusuf Rangkuti; Rafif Zufar Hernowo
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 16 No. 01 (2026): June (In Progress)
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.2026.16.01.1-33

Abstract

This study stems from the appearance of same-clan marriage practices among the Mandailing Batak Muslim, even though such practices are strictly prohibited under customary law. However, such practices are often normatively understood as violations and abuses of custom, without considering the perspectives and motivations of each actor. This study specifically aims to examine the prohibition of same-clan marriage and explain how the interaction between social structures and individual agency shapes such resistance within the Mandailing Batak community. This is an empirical study employing a socio-legal approach. Using Anthony Giddens’ theory of structuration, this study aims to reveal the factors influencing individual agency and the interaction between structure and agency in explaining the emergence of resistance to the customary prohibition against same-clan marriage. The findings reveal that structure manifests as customary law, values and beliefs, and sanctions for those who marry within the same clan among the Mandailing Batak people. Meanwhile, individual agency manifests as perspectives rooted in love (affection), family pressure, migration, modernization, and knowledge of the law and Islam. In this context, the interaction or duality between structure and individual agency results in open resistance. This study contributes by offering a new perspective on individual agency within indigenous communities by demonstrating that individuals are not entirely passive within social structures but can influence, navigate, and even challenge customary legal practices. This study argues that the stronger the social structure, the stronger the resistance.
Judicial Pragmatism and Legal Certainty in Determining Gāib and Mafqūd: Evidence from Mahkamah Syar’iyah Langsa Husna, Nurul; Sufyan, Muhammad Suhaili; Sayeed, Md Mahmud Bin
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 16 No. 01 (2026): June (In Progress)
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.2026.16.01.34-61

Abstract

The disappearance of an heir complicates the distribution of inheritance among Muslim families. However, the absence of a clear legal framework further exacerbates this uncertainty. This study investigates legal uncertainty in determining the status of missing heirs by analyzing two decisions of the Mahkamah Syar'iyah Langsa: Number 202/Pdt.P/2025/Ms.Lgs and 243/Pdt.P/2025/Ms/lgs, which demonstrate contrasting judicial approaches. Employing a socio-legal approach, this study uses doctrinal legal analysis to examine judicial decisions and empirical data from interviews with judges, court clerks, and litigants, drawing on Roscoe Pound's distinction between law in books and law in action, as well as the theory of legal certainty. The findings reveal that although the Mahkamah Syar’iyah adopts different legal classifications—gāib in one case and mafqūd in the other—both decisions produce similar legal outcomes by preserving the inheritance rights of the missing heir. This suggests that the judicial application of mafqūd departs from its classical doctrinal foundations and reflects an adaptation to the demands of dispute resolution. More importantly, the legal classification of a missing heir creates legal certainty where social reality remains uncertain. Empirical evidence further indicates that families often perceive the missing individual as potentially alive, challenging the legal construction of mafqūd. This study argues that judicial practice prioritizes functional dispute resolution over doctrinal consistency, thereby achieving legal certainty at the expense of conceptual coherence, and highlighs the need for a clearer legal framework that better reconciles Islamic legal doctrine with the social realities of missing-heir cases.
One Marriage One Tree Policy in Jombang: Institutional and Community Responses to Ecological Responsibility in Islamic Marriage Administration Alhabibah, Safira; Rifqi, Muhammad Jazil; Nasrul, Muhammad Amrullah Drs
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 16 No. 01 (2026): June (In Progress)
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.2026.16.01.62-92

Abstract

Marriage in Islam serves as the foundation of family formation with evolving social responsibilities, including ecological responsibility. In this context, the One Marriage One Tree policy in Jombang introduces innovation in marriage services by transforming marriage administration into a medium for ecological awareness, raising questions about relationships among administrative innovation, public responsibility, and the legitimacy of Islamic law. This socio-legal study employs an empirical legal method with a sociological approach. Data were collected through interviews with officials from three Religious Affairs Offices (KUA) in Diwek, Jogoroto, and Kabuh, an official from the Environmental Agency, and prospective brides, supported by document analysis and analyzed using Islamic law and structural functionalism. The findings reveal that policy implementation varies according to local conditions. KUA Diwek demonstrates a more established pattern with organized planting locations, KUA Jogoroto represents collective governance through scheduled and documented practices, and KUA Kabuh applies a flexible pattern adapted to dry-land conditions. These variations are supported by coordination with village authorities, institutional assistance from KUA personnel, and gradual acceptance among prospective couples. Within Islamic law, tree planting constitutes a maṣlaḥah-based administrative measure rather than a legal requirement of marriage. Through Talcott Parsons’ structural functionalism, the policy fulfills AGIL functions by facilitating institutional adaptation, ecological goal attainment, social integration, and new ecological value formation. The significance of this study lies in showing that Islamic family administration can become a platform for legal awareness, ecological education, and family-based environmental responsibility without altering the normative structure of marriage law.

Page 24 of 24 | Total Record : 234

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