cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Waldi Nopriansyah
Contact Email
waldi@stebisigm.ac.id
Phone
+6287735155355
Journal Mail Official
alahkam@walisongo.ac.id
Editorial Address
Faculty of Sharia and Law Jl. Prof. Hamka Kampus III Ngaliyan Semarang Jawa Tengah Indonesia Postalcode: 50185
Location
Kota semarang,
Jawa tengah
INDONESIA
Al-Ahkam
Published by Universitas Islam Negeri Walisongo Semarang
ISSN : 08544603     EISSN : 25023209     DOI : http://dx.doi.org/10.21580/ahkam.2022.32.1.8825
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al-AHKAM; is a peer-reviewed journal published by the Faculty of Sharia and Law, Universitas Islam Negeri Walisongo, Semarang in collaboration with the Indonesian Consortium of Shariah Scholars (KSSI). Al-AHKAM focuses on Islamic law with various perspectives. This journal, serving as a forum for studying Islamic law within its local and global context, supports focused studies of a particular theme and interdisciplinary studies. AL-AHKAM has been indexed in DOAJ, Google Scholar, and the Indonesia Ministry of Research, Technology, and Higher Education (SINTA 2 - SK No. 164/E/KPT/2021). AL-AHKAM has become a CrossRef Member since the year 2016. Therefore, all articles will have a unique DOI number.
Arjuna Subject : Umum - Umum
Articles 6 Documents
 1 
Search results for , issue "Vol 32, No 2 (2022): October" : 6 Documents clear
Ithbāt Ṭalāq: An Offer of Legal Solutions to Illegal Divorce in Indonesia Firman Wahyudi
Al-Ahkam Vol 32, No 2 (2022): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2022.32.2.11720

Abstract

The dispute between Islamic law and positive law is continuously ongoing regarding the practice of illegal divorce. This practice is valid in Islamic law as long as the conditions and pillars are fulfilled. However, in Islamic law, it is considered a violation of marriage norms. The urgency of this study lies in the discourse of ithbāt ṭalāq to bridge the rise of illegal divorce in society. Through a literature review with a juridical approach to finding a legal basis for a case in concreto, this article shows that ithbāt ṭalāq functions as an instrument that can solve disputes between Islamic law and positive law. Through this instrument, husbands who force divorce out of court can be considered criminal actors who must be given sanctions in the form of ta'zīr (fine).
Grants as a Model of Inheritance Prospective Distribution in the Coastal Santri Community Ali Muhtarom; Yuli Sutoto Nugroho
Al-Ahkam Vol 32, No 2 (2022): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2022.32.2.12557

Abstract

The practice of Islamic inheritance law in Muslim communities in Indonesia experiences many obstacles. One of the reasons is that there is still a tradition of distribution of assets when parents are still alive and the prevailing kinship system. It was found in transferring property to the coastal santri community in Pekalongan City. This paper reveals the method of dividing the prospective inheritance of the coastal santri community and the mechanism for resolving disputes in the event of a dispute. This article uses a qualitative socio-legal studies approach and is descriptive and analytic. This article finds two things. First, the model for distributing the assets of the coastal santri community in Pekalongan City is carried out using grants orally and deliberation for consensus. Prospective inheritance is divided by the grant system equally, without distinguishing between men and women. The dispute resolution mechanism is carried out in negotiation and mediation.
Sirri Marriage Celebration and Its Impact on Social Change in Banjarese Community, South Kalimantan Anwar Hafidzi; Bahran Bahran; Fuad Luthfi; Rusdiyah Rusdiyah; Mohd. Hatta Mohamed Ali; Ali Banaeian Esfahani
Al-Ahkam Vol 32, No 2 (2022): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2022.32.2.12789

Abstract

This study seeks to reveal that sirri marriages, which are usually secret, in the Banjar community are carried out openly and are carried out by walimah 'ursy (wedding ceremonies). In contrast to other studies, most of them only discuss the law of unregistered marriage and its legality in Indonesia. This study tends to pay more attention to aspects of habits and shifts in the meaning of the sirri marriage. The method used in this study is empirical with an ethnographic-phenomenological approach to the celebration of sirri marriages in the Banjar community, South Kalimantan. The results of this study prove that the legality of sirri marriages is illegal in Indonesia State because it is not recorded at the Office of Religious Affairs. However, aspects of the habit of unregistered marriages and holding wedding celebrations in the Banjar community,  make sirri marriages "as if" they have legal rights in society based on social norms.
Diat and Peace Money in the Crime of Culpable Homicide Abu Hapsin; Nazar Nurdin
Al-Ahkam Vol 32, No 2 (2022): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2022.32.2.12413

Abstract

Islamic Law and Indonesian Criminal Law place compensation as an essential part of criminal liability. The fundamental difference is that compensation is primary in Islamic law, while positive law is an alternative. This paper examines and compares the application of the theory of diat and compensation in the crime of culpable homicide. The writing is framed with a normative-empirical approach, with data sources from books and court decisions. The results of the study show three things: First, diat and peace are different conceptions. Diat refers to property given in exchange for a slain soul, while peace is given as a compensation fee and as an effort to forgive. Second, the amount of compensation in the diat is regulated in detail with a certain nominal. At the same time, positive law is an agreement considering the perpetrator's ability. Third, compensation in the diat is an inspiration for developing legal theories such as restitutive justice, which emphasizes the importance of forgiveness and reconciliation between two parties. Research suggestions so that the diat theory can be developed into modern law so that it can be an inspiration for lawmakers so that in its application, the diat theory can be a reason for the abolition of crimes, not limited to leniency.
Dawn of Justice: Evaluating the Alignment of Women and Children in Aceh's Qanun Jinayat Muzakkir Muzakkir
Al-Ahkam Vol 32, No 2 (2022): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2022.32.2.12130

Abstract

Aceh Qanun No. 6 of 2014 concerning the Jinayat Law can potentially eliminate justice for women and children. Through a literature study using a descriptive-analytical method, this article aims to interpret the substance of the Qanun Jinayat. The results show that the Qanun Jinayat has not taken sides with women and children. The first evidence, the preliminary evidence requirement for rape victims in the Qanun Jinayat, provides an opportunity to harm women. Victims may be unable to show evidence due to their psychological pressure. The second piece of evidence, the existence of legal dualism, between Article 81 and Article 82 of the Child Protection Law and Article 47 of the Qanun Jinayat, provides opportunities for violence to children. Qanun Jinayat provides lighter sentences to perpetrators. This article finds that the Qanun Jinayat was formulated and ratified with minimal involvement of many parties and absorption of community aspirations. The article recommends that the formulation of the Qanun Jinayat should be revised with consideration of the public benefit by involving modernist academics with a comprehensive religious education background.
An Assessment of Independent Sharī'a Panel (ISP) and Its Roles in Resolving Marital Conflicts in Osun State of Nigeria Tijani Abdul-Lateef Aremu; Musa-Jeje Ibrahim Aladire; Alimi Lawal Sikiru
Al-Ahkam Vol 32, No 2 (2022): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2022.32.2.12598

Abstract

Every relationship, including marriage, is prone to conflict. There have been many solutions offered in dealing with this problem. The Independent Sharī’a Panel (ISP) in Osun State, Nigeria, is a panel that plays a role in resolving marital conflicts in Osun State. This article aims at describing the family conflict resolution program in Osun State. This article is a result of the study employing both quantitative and qualitative methods. The data gathered were from the field involving the interviews. This article reveals that marital conflict in Osun State is rampant and tends to increase yearly. This study also identified that the Independent Sharī’a Panel has served as a credible alternative mechanism, resulting in the resolution of many marital conflicts in this state. This research recommends that the Independent Sharīʿa Panel initiates a strong orientation program for young people on successful marriages, the consequences of marital discord, and how to resolve the issues.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2022 2022


Reset
Filter By Issues
All Issue Vol. 35 No. 2 (2025): October Vol. 35 No. 1 (2025): April Vol. 34 No. 2 (2024): October Vol 34, No 1 (2024): April Vol. 34 No. 1 (2024): April Vol 33, No 2 (2023): October Vol 33, No 1 (2023): April Vol 32, No 2 (2022): October Vol 32, No 1 (2022): April Vol 31, No 2 (2021): October Volume 31, Nomor 2, Oktober 2021 Vol 31, No 1 (2021): April Volume 31, Nomor 1, April 2021 Volume 30, Nomor 2, Oktober 2020 Vol 30, No 2 (2020): October Volume 30, Nomor 1, April 2020 Vol 30, No 1 (2020): April Volume 29, Nomor 2, Oktober 2019 Vol 29, No 2 (2019): October Vol 29, No 1 (2019): April Volume 29, Nomor 1, April 2019 Volume 28, Nomor 2, Oktober 2018 Volume 28, Nomor 1, April 2018 Volume 27, Nomor 2, Oktober 2017 Volume 27, Nomor 1, April 2017 Volume 26, Nomor 2, Oktober 2016 Volume 26, Nomor 1, April 2016 Volume 25, Nomor 2, Oktober 2015 Volume 25, Nomor 1, April 2015 Volume 25, Nomor 1, April 2015 Volume 24, Nomor 2, Oktober 2014 Volume 24, Nomor 2, Oktober 2014 Volume 24, Nomor 1, April 2014 Volume 24, Nomor 1, April 2014 Volume 23, Nomor 2, Oktober 2013 Volume 23, Nomor 2, Oktober, 2013 Volume 23, Nomor 1, April 2013 Volume 23, Nomor 1, April, 2013 Volume 22, Nomor 2, Oktober 2012 Volume 22, Nomor 2, Oktober 2012 Volume 22, Nomor 1, April 2012 Volume 22, Nomor 1, April 2012 More Issue