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Andi Wicaksono
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Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Published by Universitas Islam Negeri Raden Mas Said Surakarta
ISSN : 25278169     EISSN : 25278150     DOI : https://doi.org/10.22515/alahkam
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Ahkam: Jurnal Ilmu Syariah dan Hukum, e-ISSN: 2527-8150 p-ISSN: 2527-8169 is a double blind peer-reviewed journal published by Sharia Faculty, Universitas Islam Negeri Raden Mas Said Surakarta. This journal is published twice a year, June and December. Al-Ahkam: Jurnal Ilmu Syariah dan Hukum offers open access to its contents in order to make them easily available to the public audience so it may support a wider exchange of knowledge. Al-Ahkam: Jurnal Ilmu Syariah dan Hukum is intended to present research on the discourse about theories of Islamic law, with a particular attention to the discussion on maqasid, as well as contemporary practices of Islamic penal law and Sharia economics in Indonesia and elsewhere in the Muslim world.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 130 Documents
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Fragmented Legal Protection in Child Marriage Prevention: Intersections of State Law, Religious Norms, and Local Values in East Java Lukman Santoso; Khaidarulloh Khaidarulloh; Muh Jihad Al Haqiqi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.14103

Abstract

This article aims to explore the ambiguity in the implementation of policies to prevent child marriage in East Java. Although Law No. 16 of 2019 has raised the minimum age for marriage, the number of requests for marriage dispensations remains high. This legal research uses a socio-legal approach and normative-empirical analysis of the discourse on preventing child marriage in East Java. Using Clifford Geertz's broker-culture theory, this study captures how religious elites and local figures act as cultural brokers who bridge and transform the meaning of national legal norms into the value framework of local communities. Boaventura de Sousa Santos' theory of interlegality helps map the overlap between state law, religious law, and customary norms that form a hybrid legal structure in the practice of granting marriage dispensations. This study finds that the misalignment between national law, local norms, and socio-religious authorities has led to fragmented legal protection for children. This situation is exacerbated by the absence of effective binding local regulations and the state's weak capacity to intervene in religious discourse and social practices surrounding child marriage. This study contributes to an inclusive-collaborative approach to preventing child marriage through a framework of legal glocalisation, namely: proactive policies, integrated empowerment, and equal multi-stakeholder synergy, including local governments, the Ministry of Religious Affairs, health workers, peer counsellors, families, civil society, the Indonesian Ulema Council (MUI), and religious leaders.
Fatwa and Religious Authority: Islamic Law, Social Media Ethics and Digital Age Abdurrohman Kasdi; Umma Farida; Miftahul Huda; Akmal Fawwaz Aulia Rahman; Ahmad Dakhoir
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.10755

Abstract

Fatwas issued by the ulama play a strategic role in shaping the trajectory of Muslim thought in the digital era, particularly as many Muslims lack direct access to, or the capacity to independently interpret, the primary sources of Islamic law such as the Qur’an and Hadith. This study examines the position of fatwas as a determinant of religious authority and explores their implications for the development of Islamic law in the digital age. Employing a qualitative research design, this study analyzes fatwas issued by the Indonesian Ulama Council (Majelis Ulama Indonesia/MUI) concerning socio-religious issues. Data were collected through library research and examined using a normative-analytical approach, emphasizing contextual interpretation and doctrinal analysis. The findings demonstrate that MUI fatwas occupy a position of significant religious authority within the construction of Islamic law and possess substantial sociological and moral binding force. Muslim communities adhere to these fatwas because they are perceived as authoritative interpretations grounded in Islamic legal principles. Furthermore, fatwas contribute to the dynamic development of Islamic law and influence national legal frameworks. In the digital era, religious authority has become increasingly strategic, particularly following the issuance of MUI Fatwa No. 24 of 2017, which provides ethical guidelines for social media engagement, promotes social harmony, and seeks to prevent societal fragmentation in Indonesia.
Decentralized Finance (DeFi) and Islamic Economic Law: A Maqāṣid al- Sharīʿah Analysis of Blockchain-Based Financial Ecosystems Ahmad Ahmad; Muhammad Said; Abdillah Abdillah; Abdulloh Munir; Andi Eki Dwi Wahyuni
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.11955

Abstract

The emergence of Decentralized Finance (DeFi) represents an innovative shift in modern-day financial systems through which financial services can be delivered between peers using blockchain technology independent of centralized intermediaries. Although the concept of DeFi provides better access, transparency, and efficiency, its adherence to the laws of Islamic economics is a contentious issue among scholars in relation to problems associated with usury (riba), excessive uncertainty (gharar), and gambling (maysir). Adressing, this study seeks to assess the compatibility of DeFi mechanisms with Islamic finance through the lens of maqāṣid al-Shari'ah framework. Using a qualitative library research methodology, the present study discusses classical sources of Islamic jurisprudence, current fatwa, and academic literature related to major DeFi protocols from a maqāṣid perspective. The findings reveal that despite the use of many DeFi platforms with some features do not conform to Sharia principles, the blockchain technology that forms the basis of DeFi systems and the use of smart contracts offer potentials to be used in Sharia-based systems. This study shows that there is potential to reorganize the DeFi protocols based on Islamic principles like murābaḥah, mushārakah, and wakālah and at the same time promoting the main maqāṣid goals, particularly preservation of wealth, faith, and public interest. Furthermore, a conceptual framework that combines Sharia governance with blockchain technology and innovative finance has been suggested.
Institutionalizing Moderate Islamic Legal Reasoning: An Istinbāṭ Framework for Contemporary Islamic Law Ainol Yaqin; Muhid Muhid; Saude Saude; Muhammad Taufiq; Abdelmalek Aouich
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.11266

Abstract

Contemporary Islamic legal discourse is often shaped by tensions between rigid textualism and unrestricted contextualism, creating challenges for developing legal rulings that are both normatively grounded and socially responsive. Although religious moderation and istinbāṭ al-aḥkām have been studied before, there has been no discussion on how moderation can be incorporated into this process. The current study aims at studying istinbāṭ approach where moderation becomes part of the process of producing legal rulings. In order to address the research objectives, a qualitative case study design was employed. Data collection was conducted using semi-structured interviews with 12 participants, non-participant observations in 8 sessions of legal reasoning, and analysis of institutional documents and fatwa books. As results show, religious moderation is perceived as a process whereby the balance between texts, context, and objectives of Islamic law is achieved. Religious moderation is operationalized through two approaches: the first is Qawlī Intiqādī, which includes critical evaluation and selection of juristic opinions, while the other is Manhajī and includes derivation of the rulings from texts, principles, and objectives of Islamic law. Moreover, the results show that the involvement of multiple actors in collective reasoning, consulting with different specialists, and considering the public welfare are important for arriving at context-sensitive legal rulings.
Reconceptualizing Islamic Calendar Determination: An Integrative Ushul Fiqh and Astronomical Approach Amrin; Muhammad Dwi Fajri; Eman Suherman; Mas’udatul Fitriyah; Ishma Amelia
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.11345

Abstract

The process of determining dates for Islamic lunar calendar, especially the onset of Hijri months, is a crucial yet contentious topic among Muslims around the world due to conflicting approaches, namely hisab and rukyat, which differ in methodology. Apart from the conflict that these differences create in terms of synchronizing religious rituals, other issues such as legal authority, epistemology, and social cohesiveness are implicated. The present study seeks to generate a new methodology by integrating principles of Ushul Fiqh with modern astronomy techniques in order to resolve the conflicts.Using the qualitative literature-based approach, the present study analyzes classical and modern sources on Islamic jurisprudence and astronomy from the perspective of theology and philosophy. The principles of Ushul Fiqh, namely taḥqīq al-manāṭ, maṣlaḥah, and ijtihād, are used to analyze the epistemology and application of the aforementioned methodologies.It was concluded that an integrative methodology based on theprinciples of Ushul Fiqh offersa flexible theoretical and practical framework that is able to legitimize the two approaches while accounting for contemporary problems, including technological advances and international coordination.This study offers both theoretical and practical contributions by proposing a harmonized model for Islamic calendar determination that aligns scientific accuracy with Sharia principles. It further provides strategic insights for scholars, fatwa institutions, and policymakers seeking to advance a more unified and globally relevant Islamic calendar system.
Balancing the Protection of Life and the Prevention of Harm: A Maqāṣid al-Sharīʿah Framework for Pregnancies Resulting from Boko Haram-Induced Rape and Forced Marriage in Nigeria Ismail Danjuma Yusuf; Fatimah Tanimu Bindawa; Diana Zuhroh
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.11694

Abstract

Pregnancies resulting from Boko Haram-induced rape and forced marriage in Nigeria present complex legal, ethical, and humanitarian challenges within Islamic law, particularly in balancing the sanctity of human life with the rights and welfare of women affected by conflict-related sexual violence. This study examines the permissibility of abortion in such circumstances through the framework of maqāṣid al-sharīʿah (the objectives of Islamic law). Drawing on a qualitative doctrinal research methodology, the study analyzed the relevant sources of Islamic laws such as the Qur'an, Hadith, classical treatises on fiqh, modern scholarly opinions, and secondary sources discussing abortion, Islamic laws, and the related violence committed by Boko Haram. The study found out that while abortion remains haram (forbidden) under Islamic law based on the maqāṣid principles of protecting life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl), there existed some leniency in the Islamic legal laws depending on the stage at which a fetus is located. Applying the maqāṣid framework demonstrates the need to balance fetal rights with considerations of psychological trauma, social harm, human dignity, and public welfare experienced by victims of conflict-related sexual violence. This study recommends the development of a three-stages maqāṣid-oriented Islamic law framework consisting of a pre-ensoulment assessment, post-ensoulment protection, and post-birth provisions.
Reconstructing Zakat Governance in Indonesia: A Maqāṣid al-Sharī‘ah Approach to Constitutional Reform A Hashfi Luthfi; Ali Sodiqin; Moh. Tamtowi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.13033

Abstract

Recent reforms in Indonesia’s zakat governance have intensified debates concerning the balance between state authority and civil society participation, particularly following Constitutional Court Decisions No. 97/PUU-XXII/2024 and No. 54/PUU-XXIII/2025. Existing studies on zakat governance have predominantly emphasized managerial efficiency, institutional performance, and administrative accountability, while paying limited attention to the constitutional implications of zakat regulation and its alignment with the normative objectives of Islamic law. This study addresses this gap by examining how zakat governance in Indonesia can be reconstructed through the integration of constitutional principles, good governance, and maqāṣid al-sharī‘ah. The study aims to examine the extent to which the current zakat management framework aligns with the objectives of maqāṣid al-sharī‘ah, evaluate the institutionalization of good governance principles, and formulate a participatory governance model that balances state authority with civil society involvement. Employing a normative legal research design, this study utilizes statutory, conceptual, and maqāṣidī approaches through doctrinal analysis of Law No. 23 of 2011 on Zakat Management and relevant Constitutional Court decisions. The findings reveal that Indonesia’s zakat governance remains structurally centralized under BAZNAS, generating institutional imbalances and weakening participatory accountability. Although the Constitutional Court upheld the legality of the current framework, it simultaneously mandated reforms to strengthen transparency, accountability, and public participation. This study proposes a maqāṣid-based good zakat governance model grounded in dual oversight and institutional checks and balances to promote distributive justice, public welfare, and sustainable zakat governance.
Bipolar Disorder and Child Custody in Indonesian Religious Courts: Operationalizing Sadd al-Dharī‘ah to Balance Child Welfare and Parental Rights Syaifuddin Zuhdi; Lutfi Robiatul Adawiyah; Marisa Kurnianingsih; M Junaidi; Abdul Hakim
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.13136

Abstract

As mental health disorders have received more attention from modern-day legal systems, questions about the impact of such disorders in relation to child custody proceedings become increasingly pertinent. One of the controversial questions pertains to whether bipolar disorder may be regarded as a valid reason to restrict or transfer custody rights from one parent to another. This study discusses the legal status of bipolar disorder within cases of child custody litigation before Indonesian Religious Courts and formulates an Islamic legal framework to examine custody cases involving psychosocially disabled parents. Qualitative doctrinal legal research is used as the methodology of the study, and statutory, conceptual, case, and comparative approaches are employed. The findings reveal that there is no reason for bipolar disorder to be automatically considered as an obstacle to child custody. It must be noted that the significance of such a disorder lies in its impact on the ability of parent to provide adequate care to their children as well as posing risks to the welfare of children. To solve this problem, this study operationalizes sadd al-dharī‘ah into four phases of judicial evaluation: taḥqīq al-manāṭ (verification of facts), taqdīr al-mafsadah (risk evaluation), takyīf ḥukmī (classification of the risk into legal terms), and tadbīr muwāzan (balance between the risks and benefits). Thus, this framework allows for conducting evaluations of child custody cases based on rational criteria and at the same time protecting the interests of children. In this way, the this study argues that custody restrictions may only be imposed if there is proof that bipolar disorder poses risks to the safety or health of the child.
Reframing Street Child Governance in Indonesia: A Mixed-Methods Analysis through Parsons᾿ Systems Theory and Islamic Hisbah Framework Yulia Tri Samiha; Middya Boty; Annisa Fauzia Apriliani; Althaafi Abdillah; Eby Sania Awalia; Iga Mawarni
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.13431

Abstract

The street children phenomenon is a continuing and complex social issue in South Sumatra, Indonesia, which is influenced by family dysfunctions and structural poverty. Using the concept of Islamic hisbah law and applying the organic systems approach based on Talcott Parsons and the utilitarian view, this study discusses social service interventions for the problem of street children in South Sumatra in terms of their strategy, implementation, difficulties, and success. Employing a mixed-methods approach with a sequential exploratory design, the study investigates the street children management implemented by the Social Services in Palembang city, Banyuasin district, and Ogan Ilir district via interview, observation, and survey. The findings show a well-defined intervention strategy with three main stages: outreach, guidance and training, and repatriation, with persuasive and rehabilitative approaches predominating over the punitive measures. Nevertheless, implementing the model is hindered by three key challenges: limited transportation facilities, budgetary limitations, and inadequate number of field staff members. Based on six performance indicators, it is seen that inter-agency collaboration had the highest score of 85, followed by responsiveness to children’s need (83), program planning (82), effectiveness of implementation (81), adequate resources (80), and finally monitoring, evaluation, and accountability (77). Overall, the intervention model’s implementation received an average score of 81 (in good category), suggesting a fairly effective approach. One unique feature of this study is the application of Islamic hisbah concept to modern social service system through emphasis on the significance of collective responsibility for society as a whole, enhanced involvement of communities, and better monitoring mechanisms.
Reimagining Sharīʿah for Contemporary Societies: Authority, Governance, and Human Well-Being Muhammad Latif Fauzi
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.16052

Abstract

The study of Islamic law (Sharīʿah) has entered a period of significant transformation, moving beyond its treatment as a historically fixed legal tradition toward engagement with contemporary social, technological, and institutional challenges. Digitalization has reshaped religious authority, knowledge dissemination, and devotional practices, while innovations such as financial technology, artificial intelligence, and blockchain have created legal questions requiring renewed Sharīʿah reasoning grounded in both classical jurisprudence and modern expertise (Alqurashi et al., 2026; Kumar & Sahu, 2026; Lussi et al., 2024; Tran, 2026). At the same time, constitutional developments across Muslim-majority countries continue to redefine the relationship between Islamic law and state governance.

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