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.
Articles
371 Documents
<![CDATA[Eksistensi ‘Illat dalam Mengukuhkan Teks Hadis-hadis Ru’yat al-HilÄl dan Fungsinya dalam Pengembangan Hukum Islam ]]>
<![CDATA[Busyro, Busyro]]>
<![CDATA[ Al-Ahkam Volume 28, Nomor 2, Oktober 2018 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2018.18.2.2352
<![CDATA[ḤisÄb and ru’yat always be warm conversations when there is an early determination of Ramadhan and Shawwal. At that time, there are always two camps of scholars in reacting, the scholars who hold on to ḥisÄb (calculating the calendar) on one side, and on the other hand hold to ru’yat al-hilÄl (seeing the moon directly). This in turn often leads to time differences in setting the beginning of the month among Muslims. With the aim to unite the people in starting their worship, some scholars try to understand the texts of these traditions about ru’yat al-hilÄl by trying to find the 'illat (reason) of the laws of hadiths about ru’yat al-hilÄl. Their study of the 'illat law resulted in the conclusion that the ru’yat al-hilÄl is only a suitable means for the people that time and may not suitable for Muslims in this modern era. Therefore Muslims must use other wasÄ«lah (means) which further guarantee the realization of the purpose of law, namely modern astroÂnomy. The conclusion of the law from the side of the discovery of ‘illat seems to be less suited to the purpose of ta'lÄ«l al-aḥkÄm, is to establish textual texts in addition to discovering the forms of development of the texts.]]>
<![CDATA[Ruler of Interests, Political Interests, or Law Enforcement: Case Study of Amnesty Plan for Din Minimi Group in East Aceh ]]>
<![CDATA[Amdani, Yusi]]>
<![CDATA[ Al-Ahkam Volume 28, Nomor 2, Oktober 2018 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2018.18.2.2420
<![CDATA[The aim of this paper is the concept of the settlement of criminal cases committed Din Minimi Group. The amnesty is the prerogative of the President specified in the Constitution of 1945. Amnesty NRI is a form of pardon to political prisoners to be free from legal sanctions. The legal basis for amnesty stipulated in the Emergency Law No. 11 of 1954 on Amnesty and Abolition. The method used in this paper is a conceptual approach. Related to peace efforts in Aceh, the President has issued Presidential Decree No. 22 of 2005 on Amnesty and Abolition against GAM members. Once that happens again insurgency by Din Minimi caused dissatisfaction with the policy of the Governing of Aceh. Counterinsurgency is done by giving amnesty to the group Din Minimi so willing to surrender. When viewed in this aspect of the law, amnesty if forced to give to Din Minimi, it is destructive to the prevailing laws in Indonesia. Do not rule out the possibility of regulation will hit Indonesia polemic, so the solution had to pay attention to various aspects of both of the victim, the offender, and the community by not disregard the rule of law and justice.]]>
<![CDATA[Hukum Islam dan Patronase dalam Penentuan 1 Ramadhan di Bungong Keumang ]]>
<![CDATA[Rizky, Cut Rahma]]>;
<![CDATA[Nurhadi, Agus]]>
<![CDATA[ Al-Ahkam Volume 28, Nomor 2, Oktober 2018 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2018.18.2.3086
<![CDATA[In 2017, people in Bungong Keumang village started fasting on Thursday, and they did not follow the government's decision to start fasting on Saturday. They prefer to follow the decisions of religious leaders who often overtake fasting, up to 2-3 days. This difference with the government has been going on for a long time, and almost every year has happened. This paper answers the question of why people in Bungong Keumang prefer to follow the decisions of religious leaders in starting Ramadhan fasting rather than following government decision? With in-depth interviews, answers were obtained that the choice of the community was more due to longstanding social patronage relations based on the exchange of values between religious leaders (patrons) and worshipers (clients) that are mutually beneficial to each other. The determination of 1 Ramadhan which is an area of Islamic law is an 'important arena' to strengthen patronage relations. However, at present the client's obedience to patrons is also shifting. The community is increasingly rational in making choices, access to information is also getting easier, and power relations are also decreasing, so the determination of 1 Ramadhan will become stronger into the area of astronomy and Islamic law.]]>
<![CDATA[DÄ«nÄmikiyyah Jam’iyyah Nahá¸ah al-‘UlamÄ’ fÄ« IthbÄt AwÄ’il al-ShuhÅ«r al-Qamariyyah bi IndunÄ«siyÄ ]]>
<![CDATA[Hefni, Wildani]]>
<![CDATA[ Al-Ahkam Volume 28, Nomor 2, Oktober 2018 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2018.18.2.2689
<![CDATA[As a largest muslim organization in Indonesia, NU has been admitted as an innovative pioneer of both hisÄb and ru’yat studies which has also been academically necessary in the history of hisab and rukyat studies in Indonesia. According to NU’s perspective, the year of 1984 was officially pointed to become the beginning of hisÄb and ru’yat movement which is symbolized by the establishment of Lajnah Falakiyah (the agency of Islamic astronomy study) of Nahdlatul Ulama. This research aims at knowing the extent of the dynamical discourse of NU in the development of hisÄb and ru’yat inquiry in Indonesia which its result has shown that within 1984-2000 there was a strained relation between NU and Indonesian government in understanding the concept of Islamic lunar month as it can be seen in a lot of differences in the determination of the initial and final month of qamariah. Meanwhile, in the aftermath of 2000s, the relation between both has dynamically walked in the effort of unification in determining the beginning and end of qamariah month.]]>
<![CDATA[Narsisme Ulama: Dilema dan Posibilitas Rekonstruksi Ushul Fiqh di Indonesia ]]>
<![CDATA[Nasution, Adelina]]>
<![CDATA[ Al-Ahkam Volume 28, Nomor 2, Oktober 2018 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2018.18.2.2308
<![CDATA[This paper describe the construction of the uṣūl al-fiqh initiated by Hasan al-Turabi that be dialogued with the religious conditions in Indonesia. Its aim is to find the possibility and inventory the constraints of the reconstruction of the uṣūl al-fiqh in Indonesia. This study uses the hermeneutical method of Paul Ricoeur in analyzing the theoretical ideas of Hasan al-Turabi. In this study found the biggest dilemma of reconstruction of uṣūl al-fiqh in Indonesia: the narcissism of scholars and egoism of intellectuals. Apart from that, there are conditional possibilities found, in order to reconstruct uṣūl al-fiqh  in Indonesia, i.e.: 1) willingness, facilities, protection and consisÂtency of the government, and 2) the inclusiveness of traditional clerics in order to create a dialogue on the traditional jurisprudence understood by them with the modern scholars and experts of various sciences. The author concluded that only the integration of modern sciences with the traditional Islamic jurisprudence, that uṣūl al-fiqh reÂconÂstruction could be implemented in Indonesia.]]>
<![CDATA[Legitimasi Berlapis dan Negosiasi Dinamis pada Pembayaran Perkawinan Perspektif Pluralisme Hukum ]]>
<![CDATA[Wardatun, Atun]]>
<![CDATA[ Al-Ahkam Volume 28, Nomor 2, Oktober 2018 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2018.18.2.2438
<![CDATA[This article is based on an ethnographic study that uses participatory observation of eight marriage payment negotiations in the city of Mataram, West Nusatenggara. It argues that the marriage payment in the Muslim tradition of Sasak in the city of Mataram is based on strong legal pluralism or a variety of equally strong laws in which no single legal system dominates and is subordinated to each other. Furthermore, this research sheds light on extending meaning of legal pluralism in which it may include dialogue between the same legal system eg between different customary laws. This strong model of legal pluralism is seen in two ways. First, the layered legitimacy of Sasak marriage by using many models of marriage payments, namely religious payment in the form of mahr for marriage validity, local payment in the form of pisuke and ajikrama for social appropriateness, and state payment in the form of administrative costs for formal legality. Second, the dynamic negotiation between customary law holders concerning the marriage payment when inter-ethnicity marriage occurs (exogamy), where different traditions can absorb each other. The argument at the same time debates the view that has placed the three legal systems: Islam, adat (customs), and the state as opposed and subordinate to each other.]]>
<![CDATA[Sharia in the Nigerian Constitutions: Examining the Constitutional Conferences and the Sharia Debates in the Drafts ]]>
<![CDATA[Hasan-Bello, Abdulmajeed]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 1, April 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.1.3158
<![CDATA[The paper examines the socio-ethnic and religious configuration of Nigeria and the nature of Sharia debates in the Nigeria constitutions of 1977/1978; 1988/1989 debates and Constitutional Conference of 1994/1995. The paper argues that the genesis of the Sharia debates can be traced to 1956. The Constitutional Conference of 1994/95 was not bedeviled by a serious acrimonious debate over the Sharia. However, the 1999 constitution brought a new dimension to the issue of the Sharia. To some extent, the enactment of Sharia law in Nigeria is a prime example of the relative success of Nigeria’s multi-state federalism in regards to governing diversity. Particularly the political autonomy to establish a Sharia Court of Appeal with civil jurisdiction on Islamic personal law. The paper concludes that the constitutionalization of the Sharia has subjected it to the vagaries of the political wind and made it easy prey to political fortune-seekers. Thus, the matters relating to religions should be removed from the future deliberative process in the country.]]>
<![CDATA[Khuruj and Family Economic Resilience: Study on Jama’ah Tabligh Family in Medan City ]]>
<![CDATA[Nurhayati, Nurhayati]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 1, April 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.1.3087
<![CDATA[Khuruj for preach by leaving the family is a must for every member of Jama’ah Tabligh (JT). When khuruj time, JT members cannot conduct their duty as head of the interested household especially to fulfill family economic needs. It is often, they khuruj without leaving enough provision of needs for their family. It is understandable why JT members are often accused as a group that neglects their family not even caring for the family. This research objective is to analyze survival strategy and tactics of the JT family by using a qualitative method. The researcher will conduct an in-depth interview with JT members and their family. Through this field research is found that 1) JT family has a strong belief that their sustenance is the gift of God. 2) Provision of needs that is left by the husband is enough to be utilized as long as being managed with sincerity. 3) JT family has a special survival strategy. So, khuruj is a method of da’wah that does not disturb family economic resilience.]]>
<![CDATA[Perdagangan Orang dalam Perspektif HAM dan Filsafat Hukum Islam ]]>
<![CDATA[Mustafid, Fuad]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 1, April 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.1.3134
<![CDATA[Human trafficking becomes a new phenomenon in the modern century although its root has been existing since the ancient Greek era in the form of slavery. This crime currently occurs in many countries, as well as Indonesia. The government of every countries has tried to abolish the practice of human trafficking, but the results have been unsatisfied. Many people have become the victims of human trafficking and this phenomenon seems to continue to this day. This research aims to study about human trafficking phenomena based on the human right perspective, legislation in Indonesia, and the philosophy of Islamic law. By this study, it is clear that the practice of human trafficking becomes a part of humanity crimes that contradicts to human right and Indonesian legislation, and it is also contradicted to Islamic Sharia because it emasculates the basic human right as a freedom human being.]]>
<![CDATA[Almanak Menara Kudus: Study of ḤisÄb Results in 1990 until 2019 ]]>
<![CDATA[Fauzi, Ahmad]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 1, April 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.1.3288
<![CDATA[Almanak Menara Kudus is the work of KH. Turaichan which is done by the method of ḥisÄb qaá¹â€˜Ä«. The results of the almanac, especially the initial determination of Shawwal, are sometimes different from the Government and other Islamic calendars. However, after the death of KH. Turaichan, Almanak Menara Kudus held by Sirril Wafa –son of KH. Turaichan– has never been different from the results of the Government calculations and other Islamic calendars. This study discusses changes in the calculation methods of the two figures from 1999 to 2019. This study is qualitative in the literature method and comparative analysis. This study concluded that in Almanak Menara Kudus, between KH. Turaichan and Sirril Wafa, there was no changes in the method. It's just that there are developments in the Sirril Wafa era, those are corrections to the horizontal parallax, refraction, and semi-diameter, so that the results are more accurate with a difference of about 1°.]]>
