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Waldi Nopriansyah
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alahkam@walisongo.ac.id
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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 371 Documents
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Jurimetrics in the Reconstruction of the Joint Property Division Model for Wage-Earner Wives in Indonesia Rouf, Abd.
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.17937

Abstract

The joint property division in Article 97 of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) is one-half (1/2) as long as it is not specified otherwise in the marriage agreement. This is followed mainly by judges because of the legal certainty in it, but not for wives with double burdens who work to earn a living and are also housewives. This research aims to reconstruct the joint property division through jurimetrics analysis to obtain more objective and tested results because it is based on empirical data. This research is a normative law study with a descriptive approach. The data in this study are the Compilation of Islamic Law, and concepts, as well as other laws and regulations related to the joint property division analyzed with jurimetrics to get the ideal formulation and scale of division. The results obtained include several models of joint property division for wage-earner wives (breadwinners) along with the scale of formulation which are divided into two groups, namely the joint property division with a share of one-half for the former husband and wife and the joint property division with a share other than one-half for the former husband and wife according to the role taken by both. This research can be used as a reference by judges in deciding cases of joint property, especially related to the condition that a wife is a wage-earner.
Fatwa Institutions in Handling Religious Blasphemy Crimes in Indonesia and Malaysia Ilahi, M. Ridho; Irfan, M. Nurul; Kamarusdiana, Kamarusdiana; Hidayatulloh, Hidayatulloh; Zulfa, Eva Achjani
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.18624

Abstract

The position of fatwa institutions in cases of blasphemy by cult groups is often seen as representing only the majority Muslims and blaming minority Muslims, as in Indonesia, or seen as a tool to suppress anti-government groups, as in Malaysia. This study aims to explain the position of the Indonesian Ulema Council (MUI) and Jawatankuasa Fatwa in handling heresy, including the reasons behind the differences in the positions and roles of the two institutions. Researchers use qualitative methods with a comparative legal approach. This study found that MUI's heretical fatwas had no legal force, the central MUI has the authority to enact heretical fatwas within MUI institutions, but not absolutely to respond to national laws, and not play a role in the criminal justice system. Meanwhile, Jawatankuasa Fatwa Kebangsaan (JFK) has the force of law with certain conditions, however, the federal state Jawatankuasa Fatwa has the authority to determine heretical fatwas to respond and strengthen state regulations (blasphemy laws). This research can be used as a reference for law enforcement in handling blasphemy cases by considering the views of MUI and Jawatankuasa Fatwa, which are regulated adequately by laws and regulations.
The Critique toward Uṣūl al-Fiqh Literacy of 1890–2023: An Offer for Development Khoir, Tholkhatul; Munawaroh, Lathifah; bin Hassan, Zainudin
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.19595

Abstract

Critique of uṣūl al-fiqh literacy is very crucial. The scarcity of critique can lead to the risk of intellectual stagnation and an inability to address the legal needs of a constantly changing society, simultaneously causing a lack of resonance with reconstructive ideas. The study aims: 1) to explore evidence of the scarcity of studies criticizing uṣūl al-fiqh from 1890 to 2023; 2) to explain the factors influencing the scarcity of critical works, and 3) to propose steps for the reconstruction of uṣūl al-fiqh. The data sources for this article are works collected from web publishers, digital libraries, and search engines. The data obtained was mapped and analyzed, and its trends were recorded. This study finds that during the period 1890-2023, criticism was the rarest aspect in uṣūl al-fiqh literature. The factors causing the scarcity of critique vary and complement each other, involving scholarly elements, uṣūl al-fiqh factors, and surrounding policies. Although criticism of uṣūl al-fiqh is relatively rare, it does not mean there is no space for reconstruction. Through this study, readers can understand the recent developments in uṣūl al-fiqh and assess the extent to which criticism has been undertaken while reflecting on how reconstruction can be initiated once again.
Mushārakah Mutanāqiṣah (Diminishing Partnership) Regulation for Housing Finance in Indonesian and Malaysian Law Asyiqin, Istianah Zainal; Akbar, M. Fabian; Onielda, Muhammad Daffa Auliarizky; Farid, Adriana Maisarah binti Mohd
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.20133

Abstract

The housing business continues to grow along with the increasing need for the fulfillment of housing. This research delves into the application of mushārakah mutanāqiṣah in housing finance within Indonesia and Malaysia, scrutinizing their regulations and relevant governing institutions. Employing a normative legal approach, it explores legal principles, systematics, synchronization, and historical context about this financing method. Employing inductive, deductive, and comparative methods, it analyzes regulations and practices in both countries. By offering insights into the potential and challenges of implementing mushārakah mutanāqiṣah in housing finance, the study aims to provide recommendations for regulatory enhancements, fatwa institutions, product development, and adherence to sharī’ah principles. This research is crucial for deepening understanding and facilitating improvements in various sectors related to housing finance within the context of Islamic finance in Indonesia and Malaysia.
Children Citizenship Status of Acehnese-Rohingya Mixed Marriage in Aceh: Maqāṣid Sharī’ah Perspective Husna, Nurul; Asy Ari, M Khoirul Hadi al; Suryani, Sitti; Anizar, Anizar; Juliandi, Budi
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.20162

Abstract

Citizenship status is important in mixed-country marriages. This research explores the important issue of citizenship in mixed marriages between Rohingya refugees and local Acehnese. The research aims to examine whether the citizenship status of the children of such marriages is based on the doctrine of revival or habitual residence. Using a literature review method with a descriptive qualitative approach, this research investigates the concepts and legal implications surrounding citizenship status in such marriages. The findings of this study reveal that the citizenship status of children born from Acehnese-Rohingya marriages follows habitual residence, even though their Rohingya parents adhere to the doctrine of revival The legal status of these children is subject to the Indonesian marriage law system. This is in line with Jasser Auda’s concept of maqāṣid sharī’ah because it prioritizes aspects of the benefit of these children. This research provides important insights into the issue of citizenship In Acehnese-Rohingya marriages and offers valuable meaning for understanding the dynamics of citizenship in these marriages.
National Security in the Conditions of the Russia-Ukraine War: Legal Regulation and Islamic Law Perspectives Shkuta, Oleh; Leheza, Yevhen; Telelym, Iryna; Anosienkov, Anatolii; Yaroshak, Oleh
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.20413

Abstract

National security is an important condition for the functioning and development of individuals, societies, and the states, however, this security is threatened by war, and global military conflicts. This article aims to describe the national security threatened by the Russia-Ukraine war and all its effects from the context of legal regulation and Islamic law. This article is qualitative research with a historical and comparative approach. The study results concluded that Russia's full-scale invasion of Ukrainian territory, the formation of a new international military alliance, and the establishment of international cooperation to strengthen the security of the world community, were identified as innovative ways to develop international and global security. This is important to ensure national security in wartime conditions is maintained because security is a basic need that must be guaranteed in the context of national law, human rights, and Islamic law.
Legal Effectiveness of Halal Product Certification in Improving Business Economics in Indonesia and Malaysia Supriyadi, Supriyadi; Aulia, Rahma; Nubahai, Labib; Rahman, Rozanah Ab; Mohamed, Rosmah
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.20546

Abstract

Law Number 33 of 2014 and Government Regulation Number 31 of 2019 in Indonesia shifted halal certification from voluntary to mandatory on October 17, 2019, contrasting with Malaysia's voluntary system under the 2011 Akta Perihal Dagang (APD). This study aims to scrutinize the legal regulations of halal certification in both countries and assess their impacts on business entities. Employing a qualitative method with a phenomenological approach reveals differences in certification procedures, notably in application-to-issuance stages. Indonesia provides a self-declaration mechanism for micro and small businesses, while Malaysia lacks such a provision. Nonetheless, material inspection principles align in both nations. Most respondents perceive halal certification as crucial for sales turnover, despite challenges posed by the COVID-19 pandemic. This research is significant for businesses and governments on how to manage halal certification in both countries.
Post-Divorce Rights of Women and Children in Pekalongan City, Central Java: Challenges in Islamic Law Analysis Syukrawati, Syukrawati; Sidqi, Imaro; Nisa, Siti Maymanatun; Zufriani, Zufriani; Witro, Doli
Al-Ahkam Vol. 34 No. 1 (2024): April
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.2024.34.1.20624

Abstract

The rights of women and children after divorce are often neglected. The article examines the reality of children's and women's rights in Pekalongan City, Central Java, Indonesia, focusing on the causes of non-fulfillment and the legal consequences. Data from 10 court decisions from the Pekalongan City Religious Court revealed a gap between post-court decision reality and the fulfillment of these rights. The research found that the non-fulfillment of children's and women's rights after divorce in Pekalongan is due to a lack of public knowledge about post-divorce execution procedures and related rights. The difficulty of spouses in ensuring the fulfillment of these rights is also reflected in the lack of application of Islamic legal knowledge on the obligation to provide maintenance by husbands. The legal consequences are devastating, emphasizing the need for improvements in the legal system, increased public knowledge, and the application of Islamic legal principles.
Gender Equity in Muslim Family Law: Modern and Contemporary ‘Ulamā’s View Begum, Mohamed Sulthan Ismiya; Ismail, Indriaty; Yaakob, Zul'azmi; Razick, Ahamed Sarjoon; Abdullah, Mohamed Mahroof Ali
Al-Ahkam Vol. 34 No. 2 (2024): 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.2024.34.2.20773

Abstract

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.
Contestation of Customary Law and Islamic Law in Inheritance Distribution: A Sociology of Islamic Law Perspective Rasyid, Arbanur; Lubis, Rayendriani Fahmei; Saleh, Idris
Al-Ahkam Vol. 34 No. 2 (2024): 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.2024.34.2.20843

Abstract

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.

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