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Waldi Nopriansyah
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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 371 Documents
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Chemical Castration for Pedophiles: Study of Fiqh Problems in Indonesia Tarigan, Azhari Akmal
Al-Ahkam Volume 30, Nomor 2, Oktober 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (385.132 KB) | DOI: 10.21580/ahkam.2020.30.2.5517

Abstract

Chemical castration is a punishment against pedophiles, who have committed acts of crime that are considered an extraordinary crime. Pedophiles have ruined the future of children, with tremendous psychological and environmental impacts. This paper aims to uncover the problems of fiqh in Indonesia concerning chemical castration which has the aim of providing a deterrent effect for rape perpetrators of children. The data collection method in this study uses the literature study. There are differences in the views of legal experts with doctors. Legal experts decide on penalties for pedophiles with Law Number. 17 of 2016 concerning the Second Amendment to Law Number. 23 of 2002 concerning Protection of Children, while the Indonesian Doctors Association states reject chemical castration punishment, following the Code of Ethics as stated in the rules of the Medical Code of Ethics Assembly (MKEK) Number. 1 of 2016 concerning Chemical Castration. Fiqh experts disagree over the castration penalty for chemistry. There is no castration punishment in the fiqh, because the Prophet Muhammad forbade castration, as opposed to Islamic principles. Some fiqh experts agree that chemical castration punishment includes ta'zīr, which is a sentence handed over entirely to the legitimate government. Thus, although the castration chemical punishment has been determined, in its implementation there are problems because there are still rejections and problems according to the fiqh expert
Hajj Financial Management in the Maqāṣid Sharī’ah Perspective Alfiyanti, Ulfah; Firdaus, Achmad; Fatah, Dede Abdul
Al-Ahkam Volume 29, Nomor 2, Oktober 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (730.536 KB)

Abstract

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 maqāṣid al-sharī'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.
Fa‘āliyah Ta‘zīz Dawr al-Qānūn li Taṭwīr Qiṭā‘ al-Ḥalāl wa Taḥwīl Mukhrajātihi ilā Sūq al-‘Amal Ahmed, Ahmed Salem
Al-Ahkam Volume 29, Nomor 1, April 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (66.677 KB) | DOI: 10.21580/ahkam.2019.29.1.3367

Abstract

Ḥalāl 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 ḥalāl standard application and settlement of its disputes, which show the law-science creativity  in ḥalāl sector, by pointing the legalization importance and its direct connection with the rights and duties of those connected with the ḥalāl sector.
Reconstruction of Sakīnah Family Criteria During the Covid-19 Period Yaqub, Andi; Iswandi, Iswandi; Nur, Jabal
Al-Ahkam Volume 31, Nomor 1, April 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (542.97 KB) | DOI: 10.21580/ahkam.2021.31.1.7807

Abstract

This article describes the implementation and achievements of the sakīnah family during the Covid-19 period. Both refer to the technical guidelines of the Indonesian Ministry of Religious Affairs in 2011 regarding the criteria for the sakīnah family. This study uses sociological and al-maṣlaḥah approaches. The research location is in Konda District, Konawe Selatan Regency. The researchers obtained data from the Office of Religious Affairs (KUA), sub-district government, village heads, community leaders, and the public. This study found that the criteria for the sakīnah family were irrelevant to apply. The reason is that the expectations of these criteria are too high, especially in the fields of economy and social status. In addition, the KUA officers did not implement the sakīnah family counselling properly. Thus, the criteria for the sakīnah family need to be simplified and adapted to the conditions and characteristics of each region.
Kafā’ah in Kiai Ṣāliḥ Darat's Perspective Irfan, Agus; Amri, Muhammad Saeful
Al-Ahkam Volume 30, Nomor 1, April 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (489.105 KB) | DOI: 10.21580/ahkam.2020.30.1.5072

Abstract

According to Kiai Ṣāliḥ Darat, kafā’ah means equal or similarity between the prospective bridegroom and bride in their perfect nature and lack. There are five categories of kafā’ah, 1) survivors of marital defects, 2) independence, 3) noble people, 4) fair and ‘iffah in religion, 5) good limbs and work. For him, property is not included in the category of kafā’ah because it cannot be measured and can be lost at any time. Using library research with the primary source of the book Majmu’āt al-Sharī'ah al-Kāfiyah li al-‘Awam by Kiai Ṣāliḥ Darat, the concept of kafā’ah will be elaborated. The collected data were analyzed using interpretive descriptive methods. This study concludes that treasure is not a priority in the kafā’ah category because it is not a gift but a trial. Treasure is not something noble, because it is not the legacy of noble people such as prophets, apostles, and previous salih people but the inheritance of despicable people like Qarun, Hamman, and Pharaoh. An ahlul ‘ilmi who married his daughter to ahlul arto, because of his wealth, he changed from ahlul ‘ilmi to ahlul jahli.
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 Kasdi, Abdurrohman; Anwar, Khoiril
Al-Ahkam Volume 29, Nomor 2, Oktober 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.164 KB) | DOI: 10.21580/ahkam.2019.29.2.4203

Abstract

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.
Yūsuf Al-Qarḍāwī's Istinbāṭ Method and Its Implementation in the Moderation of Islamic Law Yaqin, Ainol
Al-Ahkam Volume 31, Nomor 1, April 2021
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (657.284 KB) | DOI: 10.21580/ahkam.2021.31.1.7075

Abstract

This paper described the formulation of Yūsuf al-Qarḍāwī's isntinbāṭ method towards moderate fiqh. The choice of this theme was based on the existence of two demeanours in religion, between permissive and inclusive. Two main questions in this research were, first, how did Yūsuf al-Qarḍāwī formulate the istinbāṭ method for moderate fiqh? Second, how is the implementation of this method in formulating Islamic law? This paper concluded two things through a literature study with the descriptive-analytic method. First, there were six formulations of the istinbāṭ method for the moderation of Islamic law. a. Examining the maqāṣid contained in the text before determining Islamic law, b. Linking texts and Islamic law with texts and other Islamic laws. c. Understanding texts in the frame of asbāb (al-nuzūl or al-wurūd), both micro and macro. d. Distinguishing between constant maqāṣids and changing instruments. e. Adjusting between al-thawābit and al-mutaghayyirāt. f. Observing the difference between worship and mu’āmalah in terms of wisdom, ‘illah and maqāṣid. Second, this method of istinbāṭ could produce fiqh with a flexible, elastic, dynamic, adaptive, and easy-to-practice.
Transforming Islamic Law in Indonesia from a Legal Political Perspective Yani, Ahmad; Barthos, Megawati
Al-Ahkam Volume 30, Nomor 2, Oktober 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.744 KB) | DOI: 10.21580/ahkam.2020.30.2.6333

Abstract

This article aims to discuss the transformation of Islamic law in Indonesia. This research is qualitative in the form of a literature study with a political-law approach. The idea of this paper is based on a misunderstanding of Islamic law and Islamic law and fiqh. Issues related to the debate on the application of Islamic law in the contemporary era also contribute to thoughts in this paper. This paper concludes that the transformation of Islamic law into national law is a difficult task. This is because Indonesia is a multi-cultural, multi-ethnic, and multi-religious country. The most important reason is due to the variety of Muslim understanding of religious texts
Astronomy and Local Culture Dialectics; Kiai Ṣāliḥ Darat's Idea in the Integration of the Hijriyah Calendar Mawahib, Muhamad Zainal; Rosyid, Maskur; Hidayat, Muhammad Syarif
Al-Ahkam Volume 29, Nomor 2, Oktober 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (506.736 KB)

Abstract

This paper aims to trace the genealogy of the Kiai Ṣāliḥ 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 Ṣāliḥ Darat is more an expert in the field of Sufism. On the other hand, Kiai Ṣāliḥ 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 Ṣāliḥ Darat in the field of falak knowledge was obtained when conducting scientific jouney for Semarang scholars to al-Haramayn scholars. Kiai Ṣāliḥ 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
Marlojong sebelum Perkawinan: Kiat Adat Menghadapi Wali ‘Aḍal di Ranah Batahan, Pasaman Barat Salma, Salma; Syahril, Syahril
Al-Ahkam Volume 29, Nomor 1, April 2019
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (212.331 KB) | DOI: 10.21580/ahkam.2019.29.1.3256

Abstract

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 ‘aḍal) 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 ‘aḍal) without having to go to a religious court.

Page 16 of 38 | Total Record : 371

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