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Waldi Nopriansyah
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Faculty of Sharia and Law Jl. Prof. Hamka Kampus III Ngaliyan Semarang Jawa Tengah Indonesia Postalcode: 50185
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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 33, No 1 (2023): April" : 6 Documents clear
Childfree in Islamic Law Perspective of Nahdlatul Ulama Imam Syafi'i; Tutik Hamidah; Noer Yasin; Umar Muhammad
Al-Ahkam Vol 33, No 1 (2023): April
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.2023.33.1.14576

Abstract

Childfree is a social phenomenon that is becoming an interesting discussion today. It deserves the attention of Islamic law. Nahdlatul Ulama (NU), through the NU Bahtsul Masail Institute (LBM-NU), has issued four fatwas synonymous with the childfree phenomenon. This article aims to analyze the childfree phenomenon from the perspective of the istinbāṭ al-aḥkām method used by NU and its relevance to the four fatwas. This article is qualitative research using a normative Islamic law approach, which examines NU’s legal decisions regarding the denial of childbirth. These decisions are then analyzed to determine the meaning and method of istinbāṭ used. This article finds two things. First, the istinbāṭ al-aḥkām method used by LBM-NU is the qawlī intiqādī method. Second, from the aspect of its application, childfree can be equated in law with decisions that have been determined by LBMNU regarding child refusal, as long as the method adopted is legal. However, from the aspect of substance, where childfree is used as a principle and lifestyle, it requires a new fatwā decision, especially with the manhajī approach.
An Empirical Approach in Culinary Fiqh of Coastal Communities: Critical Study of ‘Aysh al-Baḥr Zainul Mun'im; Abdussamet Kaya
Al-Ahkam Vol 33, No 1 (2023): April
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.2023.33.1.14523

Abstract

The lives of fishermen are said to have a profound influence on the lives of coastal towns. Their attitude toward marine resources effects their theological perspective as well. This fact is supported by Kiai Anwar's book ‘Aysh al-Baḥr, which discusses the legal position of consuming numerous aquatic animals. This article seeks to trace the book ‘Aysh al-Baḥr's understanding of culinary fiqh. As an analytical tool, this paper employs a normative approach and the notion of Islamic epistemology pioneered by al-Jābirī and Mulyadhi. This article demonstrates how the epistemology of culinary fiqh in ‘Aysh al-Baḥr employs an empirical approach to determining the legal status of ingesting animals by viewing and direct observing them. Kiai Anwar's background as a fisherman gives him an edge in developing normative and empirical reasons for marine animal laws. This conclusion demonstrates that coastal cultures have an extensive understanding of aquatic animal environments. This article suggests utilizing empirical approaches to derive rules that necessitate direct observation.__________The original draft of this article has been presented at the 20th Annual International Conference on Islamic Studies (AICIS), Surakarta, 2021. 
Post-Divorce Child’s Nafaqah Māḍiyah: An Analysis of the Shifting from Fulfilment to the Assertion of Ownership Rights Firdaus Firdaus; Ismail Ismail; Busyro Busyro; Endri Yenti; Mohd Nasran Mohamad
Al-Ahkam Vol 33, No 1 (2023): April
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.2023.33.1.14566

Abstract

The claim for child’s nafaqah māḍiyah (past income) is often overlooked in the rulings of the Religious Court. This research aims to propose a shifting from the concept of li al-intifā’ (benefit) to li al-tamlīk (ownership) regarding child’s living costs claims in the Religious Court, employing the istihsān (juristic preference) approach. The objective is to ensure a more equitable judgment for the child. This study was conducted as a literature review using a normative juridical approach. The research findings reveal that the legal standpoint, which rejects any claim for child’s nafaqah māḍiyah in the Religious Court based on the argument that child’s living costs is categorized as li al-intifā’, contradicts Islamic legal principles regarding child’s living costs and fails to fulfill the principles of justice, as well as being incongruent with several other legislative provisions related to child protection. Therefore, this article proposes a shifting from the concept of li al-intifā’ to li al-tamlīk in determining child’s nafaqah māḍiyah in the Religious Court.
'Urf of Cyberspace: Solutions to the Problems of Islamic Law in the Digital Age Ita Musarrofa; Holilur Rohman
Al-Ahkam Vol 33, No 1 (2023): April
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.2023.33.1.13236

Abstract

Human interaction with information and communication technologies has created a new culture in the digital age. It impacts new legal issues that demand solutions based on Islamic law. A theory incorporating culture in law construction is termed ‘urf’ in uṣūl al-fiqh. The purpose of this article is to investigate the role of ‘urf in the establishment of law for cyberspace problems. As a data source, this article employs a virtual ethnographic method with cyberculture products. The application of ‘urf in adapting culture in cyberspace is studied using Jasser Auda’s maqāṣid al-sharī'ah theory. This study discovered that culture in cyberspace is generated by netizens’ externalization, objectivation, and internalization processes. The ‘urf that applies in cyberspace is included in the ‘urf khaṣṣ. Meanwhile, the stated legislation must allude to the realization of human advantage, which means that the six aspects of Jasser Auda’s system must be considered when negotiating between revelation, fiqh, and ‘urf in cyberspace. Thus, the ‘urf of cyberspace can be employed as a legal element in digital-era situations.
Tanmiyah Waqf al-Manāfi min Ajl al-Istiqlāliyah fī Majāli al-Iqtiṣād: Dirāsah fī Ma’had Tazakkā al-‘Aṣrī Mulyono Jamal; Mohammad Hanief Sirajulhuda; Muhammad Aunurrochim Mas'ad Saleh; Khurun'in Zahro'
Al-Ahkam Vol 33, No 1 (2023): April
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.2023.33.1.13586

Abstract

The excellent potential of benefit waqf has not been fully realized since nāẓir or the community failed to develop a strategy and did not innovate enough on the advantages of waqf and its administration. One of the successful principals in administering benefits waqf is the Tazakka Modern Boarding School with its innovation and programs on endowment benefits. This study intends to identify the benefit waqf development approach for Tazakka Modern Boarding School for economic independence. With a descriptive strategy, this study employs a qualitative methodology. The results of this study demonstrate that the development of benefit waqf in Tazakka is advantageous for economic independence with three distinct benefit waqf categories. So, for future researchers to be able to discuss professional nāẓir with good management and strategy, to maximize the potential and role of beneficial waqf in improving the economy and people's welfare.
Al-Khurūj ‘alā al-Ḥākim fī al-Fiqh al-Siyāsī al-Islāmī: Dirāsah ‘alā Ma’nā al-Thawrah Taufiqul Hadi; Mohammad Yunus Masrukhin; Siswanto Masruri; Ibnu Burdah
Al-Ahkam Vol 33, No 1 (2023): April
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.2023.33.1.14948

Abstract

The Arab Spring emerged due to a political crisis in most Arab countries that wanted a change from dictatorial regimes to democratic systems in their countries. One of the most prominent issues that caused controversy during the revolution was the issue of al-khurūj 'alā al-ḥākim. This article aims to analyze the meaning of revolution from an Islamic political perspective by discussing the concept of al-khurūj 'alā al-ḥākim, especially towards the three terms: al-bāghī, al-khawārij and al-ḥirābah. This article clarifies the relationship between these three terms with the phenomenon of revolution in the contemporary Islamic world. This article uses a jurisprudential approach with an inductive method by extrapolating jurisprudential sources and references related to the research subject. This article concludes that the notion of revolution is not the same as the concept of al-khurūj 'alā al-ḥākim in Islamic jurisprudence. The reason is that revolution aims to change the political, social and economic reality. In contrast, khurūj is a form of resistance to the leader and does not carry out all the rights demanded of the ruler. In the present context, the redefinition of the concept of al-khurūj 'alā al-ḥākim in Islamic jurisprudence is necessary to suit the modern era.

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