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Al Muhkam: Journal of Islamic Law and Jurisprudence
Published by Yayasan Kajian Islam Politik dan Sosial Sumatera Barat
ISSN : -     EISSN : 3123416X     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Al Muhkam: Journal of Islamic Law and Jurisprudence is dedicated as a medium for scientific studies of research results, thoughts, and analytical-critical studies on research in the fields of science, especially in the fields of study including Islamic law and jurisprudence. This is part of the spirit of disseminating knowledge resulting from research and thinking for service to the wider community. In addition, it is also a source of reference for academics in the field of Islamic law and Jurisprudence. Al Muhkam: Journal of Islamic Law and Jurisprudence accepts scientific articles with the scope of research on: Legal theory of Islamic Law Philosophy of Islamic law Sociology of law / Sociology of Islamic law Political Law / Politic of Islamic law Integration of Islamic law and positive law Integration of Islamic law and customary law Islamic family law Sharia economic law Islamic criminal law Islamic constitutional law Other relevant study topics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 22 Documents
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Unregistered Marriage with Wali Muhakkam in Shafi‘i Fiqh Perspective and Indonesian Positive Law Safitra, Windy; Badri, Khairul
Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 2 No. 1 (2026): Al Muhkam: Journal of Islamic Law and Jurisprudence
Publisher : KIPS Institute Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65980/almuhkam.v2i1.55

Abstract

This study investigated the practice of nikah siri (unregistered marriage) involving the use of a wali muhakkam in Indonesia from the perspectives of Shafi?i jurisprudence and positive law. The practice had frequently been justified as a theological response to administrative barriers or the refusal of a wali nasab (?adhal). However, it produced significant legal vulnerability for women and children. Employing a qualitative research design, the study adopted a library-based approach and jurisprudential analysis, utilizing content analysis to examine authoritative Shafi?i legal texts alongside Indonesian marriage regulations and judicial decisions. The findings demonstrated that, in the contemporary context marked by extensive access to the Office of Religious Affairs (Kantor Urusan Agama/KUA), the invocation of a wali muhakkam no longer satisfied the requirement of geographical necessity recognized in Shafi?i fiqh. From a legal standpoint, the practice constituted a form of legal circumvention that undermined the authority of the state-appointed wali hakim. Furthermore, the study revealed that Indonesian religious court judges functioned as agents of substantive justice by safeguarding the rights of the wali mujbir through structured mediation mechanisms and rigorous verification procedures. The study concluded that religious legitimacy must be integrated with state legal frameworks to ensure legal certainty and to promote genuine mashlahah within the family institution.
Division of Salary on Civil Servant Divorce Reviewed in Islamic Law Perspective Nelhendra, Yusra
Al Muhkam: Journal of Islamic Law and Jurisprudence Vol. 2 No. 1 (2026): Al Muhkam: Journal of Islamic Law and Jurisprudence
Publisher : KIPS Institute Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65980/almuhkam.v2i1.56

Abstract

This study examines the legal consequences of divorce for male civil servants based on Article 8 of Government Regulation No. 45 of 1990, which amended Government Regulation No. 10 of 1983. The regulation requires male civil servants who divorce their wives to give part of their salary to their ex-wives until they remarry. This obligation differs from Islamic law and the Compilation of Islamic Law (KHI), which limits the financial obligations of husbands after divorce to alimony during the iddah period and the provision of mut'ah. This study aims to analyze the compatibility of Article 8 with the principles of Islamic law and evaluate the impact of its implementation on divorced male civil servants. The researcher used a qualitative library research method by reviewing relevant literature, legislation, and legal documents related to divorce and post-divorce obligations. The researcher analyzed the collected data using normative legal analysis. The results of the study indicate that the obligation to distribute a portion of male civil servants' salaries to their ex-wives until they remarry is contrary to Islamic law. However, this regulation serves as a legal protection mechanism for divorced women and as a disciplinary measure for civil servants as state officials and public role models. Nevertheless, the duration of the obligation until the ex-wife remarries has the potential to place an excessive burden on male civil servant.

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