Al-Ahkam
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.
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<![CDATA[Gender Equity in Muslim Family Law: Modern and Contemporary ‘Ulamā’s View ]]>
<![CDATA[Begum, Mohamed Sulthan Ismiya]]>;
<![CDATA[Ismail, Indriaty]]>;
<![CDATA[Yaakob, Zul'azmi]]>;
<![CDATA[Razick, Ahamed Sarjoon]]>;
<![CDATA[Abdullah, Mohamed Mahroof Ali]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.20773
<![CDATA[The concept of equality has been a rhetoric of increasing importance globally today. This concept teaches that men and women are equal in all aspects without distinction. The Islamic teaching totally reject this concept. Therefore, the main feminist movement claims that Islam is a anti-religion to equality. The equality concept of Islam is quite different from the Western perspective. Hence, this study focuses on the ‘ulamā’s view on some important aspects related to equity, especially the nature of different gender and different responsibilities, divorce rights, polygamy, testimony, and inheritable rights based on narrative review. It employs a qualitative approach, where the relevant document is based on primary and secondary sources such as books, journals and website articles and videos. The data collected in this regard were analyzed using the content analyzing method. The findings show that the modern and contemporary ‘ulamā’s opinion aligns with Islam’s principle of equity, emphasizing the reality and justice behind the concept of equity. Through the understanding and practice of Islamic doctrine can establish a fair equality in the world.]]>
<![CDATA[Navigating Family Relationships to Political Choice: The Role of the Head of Muslim Household as Agency ]]>
<![CDATA[Hasan, Hamsah]]>;
<![CDATA[Armin, Rizka Amelia]]>;
<![CDATA[Adliyah, Nurul]]>;
<![CDATA[Ulfa, Ulfa]]>;
<![CDATA[Rusdi, Mikdar]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.21478
<![CDATA[In the context of family law, fathers play an essential role as the head of the family and the decision-maker who directs the family in various aspects, including decisions related to social and political interests. This study aims to describe the role of household heads as active agents in influencing family political choices. This research uses mixed methods to analyze the role of Muslim household heads in making political choices in the Luwu Raya region, South Sulawesi Province, Indonesia. Data were collected from 30 informants in the Luwu Raya regions using purposive sampling. Data in the form of interview documents, coded in several categories and then reduced according to the needs of the problem formulation. In addition to qualitative data, quantitative data percentages were also used to map political preferences, which were presented as diagrams. Finally, the data was narrated and interpreted to reach the right conclusion. The results show that the head of the family plays a role in shaping the political preferences of his family members by conducting more intense communication and persuasion. On the other hand, some family members have different political preferences due to their education and political experience.]]>
<![CDATA[Shari’a Stock Zakat: Alternative Financial Inclusion for Empowering Mustaḥiq MSMEs with Qarḍ al-Ḥasan Products ]]>
<![CDATA[Fatchurrohman, M.]]>;
<![CDATA[Hadi, Nor]]>;
<![CDATA[Takhim, Muhamad]]>;
<![CDATA[Bahri, Saiful]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.21936
<![CDATA[Law enforcement in zakāt compliance can increase the influence of social motivation. The existence of attitudes and subjective norms in exploring business owners and companies in the form of shares is also obliged to pay zakāt if it is fulfilled that profits continue and have reached ḥaul and niṣāb. This research is a study that uses an associative qualitative approach. Data analysis in this study uses the Spradley model, which begins with determining key informants. The implementation of shari’a stock zakāt distribution on mustaḥiq economic empowerment through the development of sustainable economic productivity in practice needs adjustments to shari’a economic law because the existence of soft financing without excess profit margins with a qarḍ al-ḥasan contract has become an alternative to financial inclusion. Therefore, it is necessary to implement alternative financial inclusion through Islamic zakāt shares to empower mustaḥiq MSMEs with qarḍ al-ḥasan products. Thus, law enforcement on zakāt collection can increase the distribution of zakāt that is right on target and sustainably utilized by mustaḥiq.]]>
<![CDATA[Popular Sovereignty in Islamic Law Perspective ]]>
<![CDATA[al-Shamari, Nayef bin Nahar]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.22067
<![CDATA[Popular sovereignty is a fundamental principle in a modern state. The study addresses the noted contradiction between Islam and democracy resulting from the concept of legislative sovereignty. This stems from the Islamic belief in the sovereignty of God Almighty, while democracy places sovereignty in the hands of the people. The core objective of this research is to reconcile the dispute related to sovereignty and to elucidate the relationship between legitimate sovereignty in Islamic and democratic contexts. Both analytical and descriptive methodologies were applied to align with the research’s requirements. The study’s findings reveal that sovereignty has taken various forms since ancient times, and one of these forms aligns with Islamic principles. Consequently, the study recommends a re-evaluation of traditional perspectives on democratic sovereignty, urging recognition of the diverse manifestations of sovereignty.]]>
<![CDATA[Maintaining Legal Certainty in Indonesia: The Role of Legal Instruments in Protecting Auction Buyer ]]>
<![CDATA[Rini, Tifani]]>;
<![CDATA[Paserangi, Hasbir]]>;
<![CDATA[Deviany, Oky]]>;
<![CDATA[Maskun, Maskun]]>;
<![CDATA[Ratnawati, Ratnawati]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.22531
<![CDATA[The implementation of a mortgage auction carries a high potential for lawsuits to cancel the auction due to objections from the debtor. This study analyzes the rights of heirs over assets encumbered with a mortgage based on credit agreements, aiming to provide legal certainty for auction winners and protection for mortgage auction winners. The research is normative with a legislative and conceptual approach. The findings show that inherited property mortgaged by the deceased, the heirs must fulfill the obligations. If they refuse, the bank can auction the property. However, auction winners often face legal disputes from heirs. For example, in Case No. 453/Pdt.G/2021/PN Mks, heirs sued Bank BRI and the auction winner, claiming ownership of the mortgaged property, despite the auction winner having valid proof. A similar issue occurred in Case No. 240/ Pdt.G/2019/PN Mks, where heirs sued PT Penanaman Modal Madani and the auction winner over a mortgaged asset due to non-performing loans. In both cases, auction winners encountered conflicts and difficulties in executing their rights despite winning the auction legally. This highlights that auction winners often lack adequate legal protection, especially in disputes with heirs. Despite existing auction regulations, legal uncertainty remains, and protection for auction winners needs improvement.]]>
<![CDATA[Contribution Model of al-Mas'ūliyyah al-Jinā'iyyah in the Formulation of Criminal Liability in Indonesia’s New Criminal Code ]]>
<![CDATA[Abdillah, Junaidi]]>;
<![CDATA[Nurhayati, Tri]]>;
<![CDATA[Najichah, Najichah]]>;
<![CDATA[Zohara, Lira]]>;
<![CDATA[Tholchah, Muchammad]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.22592
<![CDATA[The evolution of criminal law in Indonesia reflects a complex interplay between indigenous legal traditions and external influences, including Islamic law. This article examines the contribution model of al-mas'ūliyyah al-jinā'iyyah (criminal liability in Islamic law) to formulating criminal liability in Indonesia’s New Criminal Code (KUHP Baru). The study adopts a qualitative research method, utilizing a comparative legal analysis framework to explore the dialectic between Islamic criminal law and the New Criminal Code. Data sources include classical legal texts, the book of Qur’anic exegesis and Hadith interpretations, legislative documents related to the New Criminal Code, academic literature, legal commentaries, and jurisprudential analyses. Through this method, the study identifies an elegant interplay between the principles of ḍarar (harm) and the fundamental criminal liability provisions in both systems. This study's findings reveal significant similarities and key differences, such as the role of intent, the typology of legal subjects, and the broader scope of liability for corporate crimes under the New Criminal Code (KUHP Baru). This article concludes that the contribution of al-mas'ūliyyah al-jinā'iyyah to the New Criminal Code lies primarily at the level of values while highlighting the potential for further alignment in specific areas.]]>
<![CDATA[Islamic Law Accommodation for Social Interaction within Temu Manten Tradition ]]>
<![CDATA[Mahdaliyah, Mahdaliyah]]>;
<![CDATA[Assaad, Andi Sukmawati]]>;
<![CDATA[Nur, Muhammad Tahmid]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.22835
<![CDATA[The temu manten tradition has been carried out for generations by the Javanese community and the Javanese community who live in Sukamaju District, North Luwu Regency, South Sulawesi Province, Indonesia. This tradition is the culmination of a series of traditional Javanese wedding events, and it is a symbol of the union of two families. This study aims to determine the procession of the temu manten tradition in Sukamaju District, North Luwu Regency, in terms of social interaction and Islamic law accommodated in the tradition. This study is qualitative research with an empirical sociological approach using participatory observation to study the implementation of the temu manten tradition. The results show that the temu manten tradition in Sukamaju is still carried out with some adjustments, and Islamic law can accommodate this tradition through a broader interpretation and flexible application. Temu manten tradition is also a strong medium of social interaction with the community. There has been an acculturation and value shift of temu manten tradition in Sukamaju District with temu manten tradition in Java. To preserve the temu manten tradition in accordance with the principles of Islamic law and in line with the concept of 'urf, it is necessary to conduct continuous education to the community.]]>
<![CDATA[Contestation of Customary Law and Islamic Law in Inheritance Distribution: A Sociology of Islamic Law Perspective ]]>
<![CDATA[Rasyid, Arbanur]]>;
<![CDATA[Lubis, Rayendriani Fahmei]]>;
<![CDATA[Saleh, Idris]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.20843
<![CDATA[In the Mandailing Natal community in North Sumatra, Indonesia, predominantly Muslim, inheritance distribution often deviates from Islamic law due to the influence of local customs. The kinship system of na tolu plays a significant role, causing a delay in inheritance distribution until both parents have passed and all heirs are either of legal age or married. This practice aims to preserve family harmony but highlights a tension between Mandailing customary law and Islamic law, complicating the pursuit of justice in inheritance matters. This study explores the interaction between Mandailing custom and Islamic law in inheritance distribution, examining how the two legal frameworks influence one another. The research adopts a qualitative, juridical approach and reveals that customary norms, especially Dalihan Na Tolu, tend to outweigh Islamic law. Traditional leaders and religious scholars are key mediators, facilitating compromise and adaptation in inheritance distribution. The study suggests that enhancing Islamic law education and fostering collaboration between traditional leaders and scholars could help harmonize local customs with Islamic principles, ensuring a fairer inheritance process.]]>
<![CDATA[Gender Equity in Muslim Family Law: Modern and Contemporary ‘Ulamā’s View ]]>
<![CDATA[Begum, Mohamed Sulthan Ismiya]]>;
<![CDATA[Ismail, Indriaty]]>;
<![CDATA[Yaakob, Zul'azmi]]>;
<![CDATA[Razick, Ahamed Sarjoon]]>;
<![CDATA[Abdullah, Mohamed Mahroof Ali]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
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DOI: 10.21580/ahkam.2024.34.2.20773
<![CDATA[The concept of equality has been a rhetoric of increasing importance globally today. This concept teaches that men and women are equal in all aspects without distinction. The Islamic teaching totally reject this concept. Therefore, the main feminist movement claims that Islam is a anti-religion to equality. The equality concept of Islam is quite different from the Western perspective. Hence, this study focuses on the ‘ulamā’s view on some important aspects related to equity, especially the nature of different gender and different responsibilities, divorce rights, polygamy, testimony, and inheritable rights based on narrative review. It employs a qualitative approach, where the relevant document is based on primary and secondary sources such as books, journals and website articles and videos. The data collected in this regard were analyzed using the content analyzing method. The findings show that the modern and contemporary ‘ulamā’s opinion aligns with Islam’s principle of equity, emphasizing the reality and justice behind the concept of equity. Through the understanding and practice of Islamic doctrine can establish a fair equality in the world.]]>
<![CDATA[Contestation of Customary Law and Islamic Law in Inheritance Distribution: A Sociology of Islamic Law Perspective ]]>
<![CDATA[Rasyid, Arbanur]]>;
<![CDATA[Lubis, Rayendriani Fahmei]]>;
<![CDATA[Saleh, Idris]]>
<![CDATA[ Al-Ahkam Vol. 34 No. 2 (2024): October ]]>
Publisher : <![CDATA[Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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DOI: 10.21580/ahkam.2024.34.2.20843
<![CDATA[In the Mandailing Natal community in North Sumatra, Indonesia, predominantly Muslim, inheritance distribution often deviates from Islamic law due to the influence of local customs. The kinship system of na tolu plays a significant role, causing a delay in inheritance distribution until both parents have passed and all heirs are either of legal age or married. This practice aims to preserve family harmony but highlights a tension between Mandailing customary law and Islamic law, complicating the pursuit of justice in inheritance matters. This study explores the interaction between Mandailing custom and Islamic law in inheritance distribution, examining how the two legal frameworks influence one another. The research adopts a qualitative, juridical approach and reveals that customary norms, especially Dalihan Na Tolu, tend to outweigh Islamic law. Traditional leaders and religious scholars are key mediators, facilitating compromise and adaptation in inheritance distribution. The study suggests that enhancing Islamic law education and fostering collaboration between traditional leaders and scholars could help harmonize local customs with Islamic principles, ensuring a fairer inheritance process.]]>
