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Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Published by Universitas Islam Ahmad Dahlan
ISSN : 26547937     EISSN : 27150313     DOI : https://doi.org/10.47435/al-ahkam.v8i2
Core Subject :
The aim of Al-Ahkam Journal: Journal of Islamic Criminal Law is to promote and publish research-based articles having a depth discussion of the theories and practices of Islamic Law and Criminal Law related concerns by encouraging inquiries into relationship between theoretical and practical studies. This journal accepts manuscripts of scientific articles within the scope: Law, Islamic Law, Criminal Law.
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Articles 108 Documents
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THE IMPLEMENTATION OF LEGAL PROTECTION AGAINST CHILD MARRIAGE FROM THE PRIMARY MAṢLAḤAH PERSPECTIVE Andi Alauddin; Kiswa Alnadira; Andi Muh. Taqiyuddin BN; Jusalim Sammak; Sapriadi
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4734

Abstract

This study aims to analyze the implementation of legal protection against underage marriage and evaluate it from the perspective of primary maṣlaḥah (Maqāṣid al-Sharīʿah), focusing on a case study in Lau District, Maros Regency. Employing a qualitative socio-legal approach, data were collected through in-depth interviews, observation, and document analysis involving marriage registrars at the Office of Religious Affairs (KUA), staff members of the Women's Empowerment and Child Protection Agency (DP3A), victims, and local community members. Data validity was assessed through triangulation. The findings reveal that legal protection has been implemented through preventive socialization programs, such as SAKINAH, BRUS, and BRUN, as well as through the rejection of marriage registration applications involving underage couples. However, implementation remains suboptimal due to the persistence of unregistered marriages (nikah siri) and marriage dispensations. From the perspective of Maqāṣid al-Sharīʿah, child marriage contradicts the core objectives of al-ḍarūriyyāt al-khamsah, particularly by threatening ḥifẓ al-nafs (health and safety), ḥifẓ al-ʿaql (education and intellectual development), ḥifẓ al-nasl (lineage and the welfare of offspring), and ḥifẓ al-māl (economic stability). To address these challenges, the study proposes an ideal model encompassing strengthened inter-institutional collaboration, continuous public outreach, stricter marriage-dispensation mechanisms involving psychologists and health professionals, post-marital support, and the integration of Maqāṣid al-Sharīʿah values into religious and community education.
AN ANALYSIS OF ISLAMIC CRIMINAL LAW OF THE RESOLUTION OF SEXUAL VIOLENCE CASES IN ISLAMIC BOARDING SCHOOLS Herna Adelia Br Simamora; Seva Maya Sari
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4746

Abstract

Cases of sexual violence within Islamic boarding school indicate a gap between applicable legal provisions and the actual practices of case resolution in the field. This study aims to analyze the resolution of sexual violence cases in Islamic boarding school according to Indonesian positive law and to examine them from the perspective of Islamic criminal law. This study employs normative legal research using statutory, case, and conceptual approaches. Legal materials were obtained through a literature review encompassing legislation, court decision legal literature, and sources of Islamic law and were subsequently analyzed qualitatively. The results show that the resolution of sexual violence cases is regulated by the Criminal Code, Law Number 35 of 2014 concerning Child Protection, and Law Number 12 of 2022 concerning Sexual Violence Crimes. However, in practice, cases are still resolved through familial mechanism, accompanied by abuses of power relations, while some court decisions have not fully fulfilled the sense of justice. From the perspective of Islamic criminal law, such acts constitute jarimah ta'zir and should be resolved through a judicial process by imposing proportionate sanctions in order to realize maqāṣid al-syarī'ah, particularly the protection of life, honor, intellect, and lineage, thereby ensuring public welfare and the protection of victims..
CONCEPT AND IMPLEMENTATION OF JARIMAH TA'ZIR IN CONTEMPORARY ISLAMIC CRIMINAL LAW St. Hadijah Wahid; Muh. Bambang Taufik; Muh. Ilham Azis; Jusri Mudjrimin; Nur Qalbi
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4761

Abstract

In the contemporary era, social dynamics and the emergence of new forms of crime require Islamic criminal law to remain adaptive. Unlike hudud and qishash, which are textually prescribed and relatively rigid, jarimah ta'zir offers regulatory flexibility based on the authority of the ruler (ulil amri) to realize the public interest (maslahah). This study aims to provide an in-depth analysis of the fundamental concept, criteria for determining sanctions, and the dynamic implementation of jarimah ta'zir within the context of modern Islamic criminal law. This study employs a qualitative method using library research. It adopts normative-juridical and philosophical approaches by analyzing primary and secondary legal sources related to contemporary fiqh jinayah. The findings show that contemporary ta'zir is no longer limited to classical physical punishments such as flogging but has evolved into forms of administrative and financial sanctions, including fines, as well as restrictions on liberty that are considered more relevant to human rights. The determination of ta'zir sanctions is based on the principle of flexible legality, the level of harm and impact caused by the offense (mudharat), and a rehabilitative orientation (tadzib). In modern implementations, such as those applied through the Aceh Qanun and legal codifications in several Muslim countries, ta'zir has demonstrated its potential to serve as a bridge between classical Islamic l aw and modernity, particularly in responding to cyber, corporate, and financial crimes. In conclusion, jarimah ta'zir possesses considerable legal elasticity and constitutes a major instrument of Islamic criminal law for remaining relevant, solution-oriented, and oriented toward justice amid changing times.
CRIMINAL LIABILITY OF THE PRESS FOR THE DISSEMINATION OF HARMFUL INFORMATION A FIQH JINAYAH AND MAQĀṢID AL SHARĪ‘AH PERSPECTIVE Chisbiyan Abdul Malik; Zainal Arifin; Ali Hasibuan
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4766

Abstract

The background of this research is the development of digital media, which has increased the risk of disseminating harmful information through press activities, including hoaxes, slander, defamation, and hate speech that affect individual honor and social order. The research gap lies in the limited number of studies focusing on constructing criminal liability in response to the development of digital media, particularly the dissemination of harmful information through press activities, based on maqāṣid al-sharī‘ah. This issue creates a need to construct criminal liability that is oriented not only toward legal certainty but also toward the values of justice and public benefit. Previous studies have generally examined qadzaf, defamation, or hoaxes separately and have therefore not yet produced a comprehensive legal framework for press activities. The novelty of this research lies in its effort to integrate the concept of criminal liability in fiqh jinayah with a maqāṣid al-sharī‘ah approach in formulating a model of press criminal liability that is more adaptive to developments in digital media. The objective of this research is to examine press criminal liability for the dissemination of harmful information from the perspectives of fiqh jinayah and maqāṣid al-sharī‘ah. This study employs normative legal research using statutory, conceptual, and comparative approaches. The data consist of primary, secondary, and tertiary legal materials, which are analyzed qualitatively using a prescriptive method. The results show that fiqh jinayah recognizes various forms of violations against honor, such as qadzaf, buhtan, ghibah, and namimah, which may serve as a basis for criminal liability for the dissemination of harmful information. Press criminal liability needs to be based on the integration of the principles of fiqh jinayah and maqāṣid al-sharī‘ah in order to protect individual honor, preserve public benefit, and ensure responsible press freedom in the digital era.
CRIMINALIZATION OF COHABITATION UNDER ARTICLE 412 OF THE NATIONAL CRIMINAL CODE AN ANALYSIS OF NORMATIVE CONFLICTS AND ITS IMPLICATIONS FOR ISLAMIC CRIMINAL LAW Henny Dian Sari; Emi Puasa Handayani; Saivol Firdaus
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4768

Abstract

This study is motivated by the criminalization of cohabitation under Article 412 of the National Criminal Code as a form of criminal law reform intended to address the regulatory gap concerning living together as husband and wife outside marriage. This formulation still raises several issues, including normative conflicts, ambiguity of meaning, and incompleteness of the norm, particularly regarding the definition of living together as husband and wife, the status of marriages that are religiously valid but unregistered, the complaint mechanism, and the ability of the provision to anticipate developments in social relations. This study aims to analyze the construction of Article 412 of the National Criminal Code, identify its normative conflicts with the principles of Islamic Criminal Law, and assess its implications for legal certainty and maqāṣid al-sharī‘ah. The study employs a normative juridical method using statutory, c This study is motivated by the criminalization of cohabitation under Article 412 of the National Criminal Code as a form of criminal law reform intended to address the regulatory gap concerning living together as husband and wife outside marriage. This formulation still raises several issues, including normative conflicts, ambiguity of meaning, and incompleteness of the norm, particularly regarding the definition of living together as husband and wife, the status of marriages that are religiously valid but unregistered, the complaint mechanism, and the ability of the provision to anticipate developments in social relations. This study aims to analyze the construction of Article 412 of the National Criminal Code, identify its normative conflicts with the principles of Islamic Criminal Law, and assess its implications for legal certainty and maqāṣid al-sharī‘ah. The study employs a normative juridical method using statutory, conceptual, and comparative approaches through an analysis of primary and secondary legal materials. The findings show that cohabitation under Article 412 of the National Criminal Code cannot be immediately equated with the jarimah of zina, because zina requires sexual intercourse (dukhul) and specific evidentiary standards, whereas cohabitation is based on the condition of living together outside marriage. Acts that do not fulfill the elements of zina are more appropriately analyzed within the domain of ta‘zir. Normative conflicts are particularly evident in the construction of the elements of the offense, marital status, complaint mechanisms, and evidentiary standards. Therefore, the reconstruction of Article 412 is necessary to clarify the elements of the offense, strengthen legal protection, and align the provision with hifẓ al-nasl and hifẓ al-‘ird. onceptual, and comparative approaches through an analysis of primary and secondary legal materials. The findings show that cohabitation under Article 412 of the National Criminal Code cannot be immediately equated with the jarimah of zina, because zina requires sexual intercourse (dukhul) and specific evidentiary standards, whereas cohabitation is based on the condition of living together outside marriage. Acts that do not fulfill the elements of zina are more appropriately analyzed within the domain of ta‘zir. Normative conflicts are particularly evident in the construction of the elements of the offense, marital status, complaint mechanisms, and evidentiary standards. Therefore, the reconstruction of Article 412 is necessary to clarify the elements of the offense, strengthen legal protection, and align the provision with hifẓ al-nasl and hifẓ al-‘ird.
INTEGRATION OF LIVING LAW VALUES IN KANIKA PAKSA IN RELATION TO THE PRESUMPTION OF INNOCENCE WITHIN THE DONGGO CUSTOMARY INSTITUTION Hikmah Hikmah; Ilyas Ilyas; Syarif Hidayatullah; Ihlas Ihlas; Didik Irawansah
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4776

Abstract

This study aims to analyze the integration of living law values into the practice of Kanika Paksa within the Donggo Customary Institution in relation to the presumption of innocence. The research employs a normative-empirical legal approach through an examination of legal provisions and interviews with village government officials, customary institution representatives, community leaders, youth leaders, and individuals who have experienced Kanika Paksa. The findings show that Kanika Paksa continues to exist as a customary legal practice and constitutes part of the living law of the Donggo community, serving to maintain social order, harmony, responsibility, and social balance. However, its implementation continues to face several problems, particularly an evidentiary system that tends to rely on one-sided statements, limited opportunities for defense, and the potential determination of guilt before an objective examination has been completed. These conditions have the potential to conflict with the presumption of innocence, due process of law, and the protection of human rights. Therefore, the integration of living law values is not intended to eliminate Kanika Paksa, but rather to reconstruct its mechanism so that it becomes more transparent, objective, proportional, and provides balanced opportunities for all parties.
LEGAL PLURALISM AND ISLAH: NEGOTIATING CUSTOMARY LAW AND ISLAMIC LAW IN THE LIVES OF INDONESIAN MUSLIMS A. Rellang; Musafir
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4789

Abstract

The relationship between customary law and Islamic law in Indonesian Muslim society reflects the dynamics of a pluralistic legal system, in which state law, customary law, and religious law coexist and interact with one another. Rather than operating as two mutually exclusive normative systems, customary law and Islamic law have historically undergone processes of harmonization, acculturation, and, at certain moments, contestation, giving rise to hybrid legal practices in the areas of marriage, inheritance, and dispute resolution. However, previous studies have tended to examine the relationship between the two systems separately and remain largely descriptive and normative, leaving the functional mechanisms that enable these systems to operate side by side, particularly in the area of dispute resolution, insufficiently explained in relation to the discourse of restorative justice. Against this backdrop, this article aims to examine the philosophical foundation of the Minangkabau maxim “adat bersendi syara’, syara’ bersendi Kitabullah” and the fiqh requirements that allow customary practices to be accommodated within Islamic legal reasoning. This study employs a qualitative-doctrinal (normative) legal approach supported by library research. Case illustrations from Minangkabau matrilineal inheritance, Acehnese inheritance practices, and Bugis marriage traditions demonstrate that the two systems function as complementary registers of normative authority. In the field of dispute resolution, the mediating role of customary leaders demonstrates structural similarities with the principle of islah (reconciliation), which constitutes one of the foundations of restorative approaches in Islamic criminal law, thereby creating opportunities for the development of locally grounded dispute-resolution models that are more restorative than punitive. This article argues that a functional rather than hierarchical model of legal pluralism provides the most accurate account of how Indonesian Muslim communities negotiate identity, justice, and religious obligations in their everyday legal lives.
INTERFAITH MARRIAGE IN INDONESIAN LEGAL PLURALISM: NEGOTIATING STATE LAW, ISLAM, AND SOCIAL REALITIES Ahmad Asif Sardari; Andi Muhammad Fuad; Muammar Rahman; Asfar Rinaldy; Hamka Hamka
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4792

Abstract

Interfaith marriage places Indonesian law at the intersection of state authority, Islamic norms, and social practices. This article examines how legal pluralism operates in regulating interfaith marriage, how the legal landscape has shifted following Supreme Court Circular Letter No. 2 of 2023 and Constitutional Court decisions through 2026, and what consequences arise for family recognition and protection. The study employs normative legal research using statutory, case, and conceptual approaches, while findings from previous empirical studies are used to illuminate its social dimensions. The findings reveal four points. First, legal pluralism in marriage operates hierarchically because the state recognizes religion as the primary basis of marital validity. Second, post-2023 developments demonstrate judicial consolidation, although legislative coherence remains incomplete. Third, restricting judicial avenues does not eliminate negotiation but shifts it to familial, religious, administrative, and individual domains. Fourth, greater certainty regarding validity and registration has not always been accompanied by equivalent certainty in protecting legal consequences. Therefore, marital validity, registration, and family protection should be treated as three interconnected yet legally distinct dimensions.

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