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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371 Documents
<![CDATA[Fa‘Äliyah Ta‘zÄ«z Dawr al-QÄnÅ«n li Taá¹wÄ«r Qiá¹Ä‘ al-ḤalÄl wa TaḥwÄ«l MukhrajÄtihi ilÄ SÅ«q al-‘Amal ]]>
<![CDATA[Ahmed, Ahmed Salem]]>
<![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.2019.29.1.3367
<![CDATA[ḤalÄl concept correlation with the industry and trade has shown a new matter leads to discovering other sciences to find the scientific basis for the Islamic principle that governs these matters, especially in the natural and economic sciences, but the different philosophy between Islamic science and those sciences led to the dichotomy of research between the laboratories and jurisprudence groups. In spite of the high value of the output of both of them, but they are unable to translate it and linked it with the labor market, here where the researcher has felt the law role importance and its ability to coordinate these efforts and codify them as a reference in the ḥalÄl standard application and settlement of its disputes, which show the law-science creativity in ḥalÄl sector, by pointing the legalization importance and its direct connection with the rights and duties of those connected with the ḥalÄl sector.]]>
<![CDATA[Marlojong sebelum Perkawinan: Kiat Adat Menghadapi Wali ‘Aá¸al di Ranah Batahan, Pasaman Barat ]]>
<![CDATA[Salma, Salma]]>;
<![CDATA[Syahril, Syahril]]>
<![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.2019.29.1.3256
<![CDATA[This article aims to analyze and explore the tradition of marlojong before marriage in Ranah Batahan, West Pasaman. Marlojong is the act of a couple who is not approved by their parent (wali) for certain reasons by running to the house of the elder of custom (tetua adat) or a respected family. The elopement could reduce the dignity of women and their parents. So, it becomes a reason for the traditional elders to call them. The data was collected by observation and in-depth interviews with couples who did marlojong, parents of each couple, other nuclear families, traditional elders, KUA officials and local scholars. The data was analyzed by reduction, display and verification. The results showed that the meaning of marlojong was actually not only a couple who fled to the house of the traditional elders but also the efforts to overcome the guardian's reluctance (wali ‘aá¸al) and reduce the parobanan (brideprice). Therefore, the causes of marlojong were overcoming the reluctant of parents and the high level of brideprice. On one side, the marlojong was seen as negative but on the other hand, it became a customary way to resolve the guardian’s reluctance (wali ‘aá¸al) without having to go to a religious court.]]>
<![CDATA[Gus Dur’s IjtihÄd Paradigm of Contemporary Fiqh in Indonesia ]]>
<![CDATA[Dahlan, Moh.]]>;
<![CDATA[Baidlawy, Zakiyuddin]]>;
<![CDATA[Sugiono, Sugiono]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 2, Oktober 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.2.4193
<![CDATA[This paper reveals Gus Dur's ijtihÄd paradigm of contemporary fiqh in Indonesia in answering the problems of life. This study is a type of library research by tracing Gus Dur's works, Gus Dur's thought studies and other related scientific studies. This research uses the approach of Milton K. Munitz's thinking and the frame of mind ‘Abd al-MajÄ«d al-NajjÄr. This research found that the conservative ijtihÄd paradigm has led to conservative fiqh which is unable to establish dialectics between fiqh norms and socio-cultural and humanitarian values, which can even lead to radical Islamic movements and acts of terrorism. Therefore, Gus Dur's contemporary jurisprudential ijtihÄd paradigm is needed to build this dialectic. Theoretically, the Gus Dur ijtihÄd paradigm has characteristics promoting different socio-cultural and humanitarian values from Islamic reformers. In practical terms, the Gus Dur ijtihÄd paradigm has made Indonesian socio-cultural values a consideration in understanding and applying contemporary fiqh without changing existing fiqh norms. Gus Dur's contemporary fiqh has also become the basis for maintaining the Pancasila ideology, the 1945 Constitution, the Unitary State of the Republic of Indonesia and Unity in Diversity.]]>
<![CDATA[The Existence of the Statement of the Companions (FatwÄ á¹¢aḥÄba) and its Ḥujjah in Islamic Legal Thoughts ]]>
<![CDATA[Pongoliu, Hamid]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 2, Oktober 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.2.4281
<![CDATA[FatwÄ á¹£ahÄba can be used as ḥujjah (proof) even though the ulama (scholars) have different opinions regarding its validity. The ulama categorize the Companions’ fatwÄ as one of the sources of law decision which is still being disputed about the validity. It is different from the Qur'an, Sunnah, IjmÄ’, and QiyÄs that have been agreed by the most of the scholars as a source of Islamic law. The Companions’ fatwÄ has an influence on the development of Islamic law thought which can be substantially equated like a fiqh, because it is the result of istinbÄá¹ (efforts to extract the ẓannÄ« (speculative) sharia law from original sources through the mobilization of all natural reasoning abilities) and the results of the Companions ra'y (establish a law of contemporary problems that have not been found in the Qur’an and hadith) which have been codified according to the particular mazhab. Therefore, the Companions fatwÄ is the result of the ijtihad of the Companions as ulama of the previous generation and became the ḥujjah of the ulama until today who have colored Islamic law thought, such as fatwÄ of AbÅ« Bakr, Umar, ‘UthmÄn, ‘AlÄ«, ‘AbdullÄh Ibn ‘AbbÄs, ‘AbdullÄh Ibn Mas'Å«d and other Companions. At least the fatwÄ á¹£aḥaba can be used as ḥujjah in istinbÄá¹ of islamic law when new problems arise, and no proposition is found in the Qur'an and hadith.]]>
<![CDATA[Hajj Financial Management in the MaqÄá¹£id Sharī’ah Perspective ]]>
<![CDATA[Alfiyanti, Ulfah]]>;
<![CDATA[Firdaus, Achmad]]>;
<![CDATA[Fatah, Dede Abdul]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 2, Oktober 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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<![CDATA[This paper analyzes the management of the pilgrimage fund to the concept of Islamic wealth management and the management of the pilgrimage fund and its compliance with the maqÄá¹£id al-sharÄ«'ah. The first is done by analyzing the management of hajj funds by BPKH on the management of Islamic wealth. The second is done through interviews with academics, regulators, experts and practitioners. Descriptive processing is done through Strategic Assumption Surfacing and Testing (SAST). The analysis is done by selecting the 'important' and 'definite' variables. The results showed that the determinants of Hajj fund management according to Islamic wealth management were contracts, zakat and transparency. Hajj fund management policies for the protection of religion, including the setting of a fair and transparent haj quota, building infrastructure facilities for the pilgrimage, ensuring terms and conditions Life protection through the use of halal vaccines, providing and funding Hajj monitors, improving catering, lodging, transportation and health services and providing congregational data to the Ministry of Health. Protection of reason through improving the quality of rituals. Protection of assets through transparency in the management of hajj funds, direct investment in harmony with sharia, and management of hajj funds in Islamic banking.]]>
<![CDATA[Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus ]]>
<![CDATA[Kasdi, Abdurrohman]]>;
<![CDATA[Anwar, Khoiril]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 2, Oktober 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.2.4203
<![CDATA[This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates wasiat wajibah, a will determined by law even though the person concerned does not inherit it.]]>
<![CDATA[Astronomy and Local Culture Dialectics; Kiai á¹¢Äliḥ Darat's Idea in the Integration of the Hijriyah Calender ]]>
<![CDATA[Mawahib, Muhamad Zainal]]>;
<![CDATA[Rosyid, Maskur]]>;
<![CDATA[Hidayat, Muhammad Syarif]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 2, Oktober 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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<![CDATA[This paper aims to trace the genealogy of the Kiai á¹¢Äliḥ Darat in the field of falak sciences and the approach he used in uniting the differences in the initial determination of Ramadan in Semarang. This study is important, considering Kiai á¹¢Äliḥ Darat is more an expert in the field of Sufism. On the other hand, Kiai á¹¢Äliḥ Darat was also positioned as an early generation Falak Indonesian expert (salaf). This paper includes a historical study that conducts critical analysis of data that has been isolated from various literatures. The results of the study showed that the expertise of Kiai á¹¢Äliḥ Darat in the field of falak knowledge was obtained when conducting scientific jouney for Semarang scholars to al-Haramayn scholars. Kiai á¹¢Äliḥ Darat initiated a deliberation to determine the beginning of the month of Ramadan. This discussion involved ulama, astronomer, habaib and umara in Kauman Mosque in Semarang. The idea of deliberation is aimed at eliminating differences in society in determining the beginning of fasting. The idea of the initial unification of Ramadlan through deliberation was the substance of the Dugderan Tradition in Semarang, Central Java]]>
<![CDATA[Modern Law Aspect on Procedural Decision of Sultan Adam Law ]]>
<![CDATA[Hasan, Ahmadi]]>;
<![CDATA[Hafidzi, Anwar]]>;
<![CDATA[Zaidah, Yusna]]>
<![CDATA[ Al-Ahkam Volume 29, Nomor 2, Oktober 2019 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2019.29.2.4285
<![CDATA[The main focus of this research was analyzing the normative procedural decision of Sultan Adam Law which was applied by Sultan Adam during 1835 AD. Its emergence was for strengthening Islam Aqeedah for its believers and clinging on to Syafii Madhhab. Sultan Adam Law was remarkable to scrutinize, especially when associated with the modern law aspect. By employing the law history approach, this research attempted to respond to Sultan Adam Law procedural decision document issues which were associated with the modern law aspect. It could be seen through several sides such as political law, law substance, arrangement system as well as procedural aspect. The research also responded on how several factors explained Sultan Adam Law included in modern law. Based on the analysis result, it could be concluded that Sultan Adam Law was a written law decision which its existence in Banjarese people contained principles and legal norms as well as several procedural law decisions in a modern way. Although it was simple systematics which did not classify based on article and section, it contained several decision or principles and legal norms.]]>
<![CDATA[The Contribution of Islamic Bank in Poverty Alleviation ]]>
<![CDATA[Nugroho, Lucky]]>;
<![CDATA[Mastur, Akhmad Amien]]>;
<![CDATA[Harnovinsah, Harnovinsah]]>;
<![CDATA[Aryanti, Widya]]>
<![CDATA[ Al-Ahkam Volume 30, Nomor 1, April 2020 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2020.30.1.5387
<![CDATA[The existence of Islamic banks as one part of Islamic financial institutions should contribute to improving the economy, one of which is to reduce poverty. Therefore, the purpose of this study is to investigate the effect of financing variables, asset variables, and Islamic bank office variables on poverty levels. The sample used to be Islamic Commercial Banks (BUS) in the 2013-2017 period, with a total of 110 samples. The methodology used is quantitative with multiple regression statistical analysis and statistical data processing using SPSS software version 20. The results of the study note that financing has a negative and significant effect, namely, the higher the financing of Islamic banks, it will reduce poverty. However, the total assets and the number of networks that have a positive and significant effect, namely the increase in total assets and branch networks, it will affect the increasing amount of poverty. That is because the assets of Islamic banks are supported by the majority savings and the not optimal yet of distribution of financing from Islamic banks to the community. Also, the existence of the Islamic branch office tends to be found in provincial capitals and big cities, so that the communities in rural and remote areas are still not reached by Islamic banks.]]>
<![CDATA[Distribution of Heritage Association of Harta Pusaka Tinggi And Harta Pusaka Rendah in Padang Pariaman ]]>
<![CDATA[Elfia, Elfia]]>;
<![CDATA[Meirison, Meirison]]>;
<![CDATA[Muhammadi, Qasim]]>
<![CDATA[ Al-Ahkam Volume 30, Nomor 1, April 2020 ]]>
Publisher : <![CDATA[Faculty of Shariah and Law, State Islamic University (UIN) Walisongo ]]>
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DOI: 10.21580/ahkam.2020.30.1.5273
<![CDATA[This research is motivated by a phenomenon of the distribution of inheritance that occurs in the Nagari Lurah Ampalu community. They hand over inheritance (pusako rendah) at the pusaka tingg" property to girls. Some of the problems in this study are, the factors causing the community to divide pusaka tinggi and pusaka rendah are not based on Islamic law and the method of settlement by Shari'a for the two types of inherited assets that have been mixed. Data in this paper were obtained through interviews and documentation. The factors causing the community to share this inheritance are derived from the traditions of previous ancestors, the lack of community knowledge in faraid science and the existence of coercion between heirs. The solution used by local clerics is to calculate the price of pusaka tinggi land and the proceeds of the sale are left to the pusaka tinggi property holders. Assets that are on ancestral inheritance are distributed to heirs according to the law of farÄ'iá¸. The final solution is to move or eliminate assets above pusaka tinggi .]]>
