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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. 35 No. 2 (2025): October" : 6 Documents clear
Judicial Invalidation of Ithbāt Nikāḥ Underage in the View of Religious Court Judges in Madura Nashrullah, M. Faiz; Al Wafi, Abdul Rohim; Khosyiah, Siah; Gunariah, Frilla; Affan Najih Alghifary
Al-Ahkam Vol. 35 No. 2 (2025): 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.2025.35.2.27358

Abstract

Underage ithbāt nikāḥ creates a legal loophole in Indonesia's Islamic marriage system. Child marriages that should require a dispensation are often legalized through ithbāt nikāḥ without such approval. This practice is prevalent in the Religious Courts of Madura, where most judges tend to grant petitions despite recognizing its contradiction with efforts to prevent child marriage. This study adopts a juridical-sociological approach through case analysis and in-depth interviews with judges. The findings show that rejection of underage ithbāt nikāḥ is rare, as judges prioritize protecting children's civil rights, such as birth certificates and legal family status. However, this generates a dilemma: granting applications risks legitimizing child marriage, while rejecting them may be seen as denying legal certainty for the community. As a middle path, some judges suggest alternatives, including recognition of children born out of wedlock, determination of child origin, and civil registration without marriage certificates. The study highlights the urgent need for clear legal guidelines to prevent misuse of ithbāt nikāḥ while ensuring child protection.
Beyond Formality in Indonesian Pretrial Law: KUHAP Reform, Human Rights, and Islamic Law Irawati, Arista Candra; da Silva, Eugenia Brandao
Al-Ahkam Vol. 35 No. 2 (2025): 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.2025.35.2.28399

Abstract

Indonesia's pretrial system has long faced challenges, including formalistic procedures, limited judicial oversight, and potential violations of suspects' rights. The Constitutional Court Decision No. 21/PUU-XII/2014 expanded pretrial review, especially regarding suspect designation. Yet, gaps remain in implementation, legal certainty, and due process. This study aims to critically evaluate the reconfiguration of Indonesia's pretrial mechanism by integrating human rights principles, Islamic criminal law, and KUHAP reform. Employing doctrinal analysis of legislation, case law, and jurisprudence, complemented with comparative insights from Malaysia, Egypt, and Türkiye, the research examines how procedural fairness and accountability can be strengthened. Findings reveal persistent weaknesses in judicial control, repeated suspect status, and post factum review. Integrating positive law, human rights, and Islamic law principles such as ḥisba, qāḍī al-maẓālim, al-bayyina, and dar’ al-ḥudūd bi al-shubuhāt can enhance procedural justice. Recommendations include clearer pretrial codification, substantive judicial oversight, and adoption of Islamic law insights to build a more equitable, rights-oriented pretrial framework in Indonesia.
The Transformation of Land Law in Indonesia: From Commodification to Maqāṣid and Social Justice Muntaqo, Firman; Mashudi, Mashudi; Pratama, Alip Dian; Ilmi, Abdullah Rosikh Fil; Rumesten, Iza
Al-Ahkam Vol. 35 No. 2 (2025): 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.2025.35.2.25605

Abstract

This article examines the transformation of Indonesian land law from the paradigm of fundamental justice embodied in the 1960 Basic Agrarian Law (UUPA) to a market-oriented framework shaped by the Omnibus Law on Job Creation and decentralization policies. This shift generates tensions between constitutional mandates, Pancasila values, customary law, and politico-economic interests that often marginalize structural justice. The study aims to analyze how these foundational values interact with Islamic legal philosophy through the maqāṣid approach to construct a more equitable and sustainable agrarian system. Employing a qualitative normative legal method combined with interpretive and comparative analysis, the research finds that a dialogical integration of UUPA principles, maqāṣid, and the social function of land can generate an alternative paradigm of land governance. The novelty lies in proposing a model emphasizing tawāzun (balance), ecological protection, and social equality. Theoretically, the article enriches global law-and-development discourse, while practically providing normative grounds for reconstructing agrarian policy toward justice and sustainability.
Islamic Law Analysis of the Prosecutor's Authority in Asset Forfeiture from Corruption Utama, Budi; Angkasa, Angkasa; Prayitno, Kuat Puji; Sudrajat, Tedi; Najib, Muhammad Ainun
Al-Ahkam Vol. 35 No. 2 (2025): 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.2025.35.2.26343

Abstract

Efforts to recover assets resulting from corruption remain hindered by legal loopholes and concealment strategies, especially when offenders register illicit assets under the names of third parties. This study explores how prosecutors perceive the legitimacy of such assets and their views on the necessity of reforming Indonesia’s asset forfeiture framework. Using a qualitative empirical design, the research is based on semi-structured interviews with four prosecutors who have handled corruption cases involving complex asset ownership. The findings reveal that prosecutors consistently view these assets as materially and morally illegitimate, even if formally registered under others' names. They also support introducing a non-conviction-based asset forfeiture (NCBAF) model to overcome the limitations of conviction-dependent mechanisms, especially in cases where suspects die or flee. Islamic legal principles, such as the ḥifẓ al-māl (preservation of wealth) and taʿzīr bi al-māl or discretionary penalties targeting unlawfully acquired assets, offer a moral and doctrinal basis for such reforms. These insights contribute to ongoing legal debates and support the development of a more effective and ethically grounded policy for asset recovery in corruption cases.
The Role of Law in the Implementation of Islamic Social Reporting: A Case Study of Islamic Banking in Asia Warno, Warno; Achmad, Tarmizi; Harto, Puji; Pangayow, Bill
Al-Ahkam Vol. 35 No. 2 (2025): 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.2025.35.2.27677

Abstract

This study aims to analyze the influence of government regulation on the implementation of Islamic Social Reporting (ISR) in Islamic banking across five countries: Indonesia, Malaysia, Kuwait, the United Arab Emirates, and Bahrain. ISR is a form of sustainability reporting based on Sharia principles, covering six main dimensions: responsibility to fund providers, employees, society, the environment, products, and compliance with regulations. This study employs a qualitative approach using content analysis of annual and sustainability reports of Islamic banks from 2014 to 2023. The findings show that regulations such as POJK No. 51/2017 in Indonesia, the Islamic Financial Services Act (IFSA) 2013 and ESG Guidelines in Malaysia, sustainability policies from the Central Bank of Kuwait, the Securities and Commodities Authority (SCA) guidelines in the United Arab Emirates, and reporting standards from the Central Bank of Bahrain have contributed to improvements in ISR practices, both in terms of formal compliance and the substance of the content. However, most reporting remains administrative in nature and does not fully reflect the values of maqāṣid al-sharī’a. Therefore, this study recommends strengthening regulations that not only mandate reporting but also emphasize quality, depth, and the integration of Islamic values into sustainability practices in Islamic banking to achieve meaningful social and environmental.
Female Circumcision in Banjar Culture: Navigating Customary Law, Islamic Law, and Human Rights Muzainah, Gusti; Firqah Annajiyah Mansyuroh; Rusdiyah, Rusdiyah; Azhar, Alias
Al-Ahkam Vol. 35 No. 2 (2025): 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.2025.35.2.27814

Abstract

This study examines the practice of female circumcision (basunat) among Banjar communities in South Kalimantan-Indonesia, where customary law and Islamic belief intersect with global human rights discourse. The research addresses the legal tension between the international prohibition of Female Genital Mutilation (FGM) and local acceptance grounded in 'urf and maqāṣid al-sharī‘a. Using a normative legal approach supported by qualitative field data—interviews, local regulations, and fiqh analysis—the study reveals that basunat is a purely symbolic, non-cutting, and non-invasive ritual performed hygienically by trained midwives. Distinct from FGM, it functions as a rite of purification and moral responsibility, strengthening social cohesion and spiritual identity. The findings demonstrate a form of localized legal consciousness that reconciles cultural practice with Islamic legal reasoning. The study contributes to scholarship on legal pluralism, urging context-sensitive legal frameworks that differentiate symbolic basunat from FGM while safeguarding both human rights and cultural heritage in pluralistic societies.

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