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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 371 Documents
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Navigating Family Relationships to Political Choice: The Role of the Head of Muslim Household as Agency Hasan, Hamsah; Armin, Rizka Amelia; Adliyah, Nurul; Ulfa, Ulfa; Rusdi, Mikdar
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.2024.34.2.21478

Abstract

In the context of family law, fathers play an essential role as the head of the family and the decision-maker who directs the family in various aspects, including decisions related to social and political interests. This study aims to describe the role of household heads as active agents in influencing family political choices. This research uses mixed methods to analyze the role of Muslim household heads in making political choices in the Luwu Raya region, South Sulawesi Province, Indonesia. Data were collected from 30 informants in the Luwu Raya regions using purposive sampling. Data in the form of interview documents, coded in several categories and then reduced according to the needs of the problem formulation. In addition to qualitative data, quantitative data percentages were also used to map political preferences, which were presented as diagrams. Finally, the data was narrated and interpreted to reach the right conclusion. The results show that the head of the family plays a role in shaping the political preferences of his family members by conducting more intense communication and persuasion. On the other hand, some family members have different political preferences due to their education and political experience.
Shari’a Stock Zakat: Alternative Financial Inclusion for Empowering Mustaḥiq MSMEs with Qarḍ al-Ḥasan Products Fatchurrohman, M.; Hadi, Nor; Takhim, Muhamad; Bahri, Saiful
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.2024.34.2.21936

Abstract

Law enforcement in zakāt compliance can increase the influence of social motivation. The existence of attitudes and subjective norms in exploring business owners and companies in the form of shares is also obliged to pay zakāt if it is fulfilled that profits continue and have reached ḥaul and niṣāb. This research is a study that uses an associative qualitative approach. Data analysis in this study uses the Spradley model, which begins with determining key informants. The implementation of shari’a stock zakāt distribution on mustaḥiq economic empowerment through the development of sustainable economic productivity in practice needs adjustments to shari’a economic law because the existence of soft financing without excess profit margins with a qarḍ al-ḥasan contract has become an alternative to financial inclusion. Therefore, it is necessary to implement alternative financial inclusion through Islamic zakāt shares to empower mustaḥiq MSMEs with qarḍ al-ḥasan products. Thus, law enforcement on zakāt collection can increase the distribution of zakāt that is right on target and sustainably utilized by mustaḥiq.
Popular Sovereignty in Islamic Law Perspective al-Shamari, Nayef bin Nahar
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.2024.34.2.22067

Abstract

Popular sovereignty is a fundamental principle in a modern state. The study addresses the noted contradiction between Islam and democracy resulting from the concept of legislative sovereignty. This stems from the Islamic belief in the sovereignty of God Almighty, while democracy places sovereignty in the hands of the people. The core objective of this research is to reconcile the dispute related to sovereignty and to elucidate the relationship between legitimate sovereignty in Islamic and democratic contexts. Both analytical and descriptive methodologies were applied to align with the research’s requirements. The study’s findings reveal that sovereignty has taken various forms since ancient times, and one of these forms aligns with Islamic principles. Consequently, the study recommends a re-evaluation of traditional perspectives on democratic sovereignty, urging recognition of the diverse manifestations of sovereignty.
Maintaining Legal Certainty in Indonesia: The Role of Legal Instruments in Protecting Auction Buyer Rini, Tifani; Paserangi, Hasbir; Deviany, Oky; Maskun, Maskun; Ratnawati, Ratnawati
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.2024.34.2.22531

Abstract

The implementation of a mortgage auction carries a high potential for lawsuits to cancel the auction due to objections from the debtor. This study analyzes the rights of heirs over assets encumbered with a mortgage based on credit agreements, aiming to provide legal certainty for auction winners and protection for mortgage auction winners. The research is normative with a legislative and conceptual approach. The findings show that inherited property mortgaged by the deceased, the heirs must fulfill the obligations. If they refuse, the bank can auction the property. However, auction winners often face legal disputes from heirs. For example, in Case No. 453/Pdt.G/2021/PN Mks, heirs sued Bank BRI and the auction winner, claiming ownership of the mortgaged property, despite the auction winner having valid proof. A similar issue occurred in Case No. 240/ Pdt.G/2019/PN Mks, where heirs sued PT Penanaman Modal Madani and the auction winner over a mortgaged asset due to non-performing loans. In both cases, auction winners encountered conflicts and difficulties in executing their rights despite winning the auction legally. This highlights that auction winners often lack adequate legal protection, especially in disputes with heirs. Despite existing auction regulations, legal uncertainty remains, and protection for auction winners needs improvement.
Contribution Model of al-Mas'ūliyyah al-Jinā'iyyah in the Formulation of Criminal Liability in Indonesia’s New Criminal Code Abdillah, Junaidi; Nurhayati, Tri; Najichah, Najichah; Zohara, Lira; Tholchah, Muchammad
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.2024.34.2.22592

Abstract

The evolution of criminal law in Indonesia reflects a complex interplay between indigenous legal traditions and external influences, including Islamic law. This article examines the contribution model of al-mas'ūliyyah al-jinā'iyyah (criminal liability in Islamic law) to formulating criminal liability in Indonesia’s New Criminal Code (KUHP Baru). The study adopts a qualitative research method, utilizing a comparative legal analysis framework to explore the dialectic between Islamic criminal law and the New Criminal Code. Data sources include classical legal texts, the book of Qur’anic exegesis and Hadith interpretations, legislative documents related to the New Criminal Code, academic literature, legal commentaries, and jurisprudential analyses. Through this method, the study identifies an elegant interplay between the principles of ḍarar (harm) and the fundamental criminal liability provisions in both systems. This study's findings reveal significant similarities and key differences, such as the role of intent, the typology of legal subjects, and the broader scope of liability for corporate crimes under the New Criminal Code (KUHP Baru). This article concludes that the contribution of al-mas'ūliyyah al-jinā'iyyah to the New Criminal Code lies primarily at the level of values while highlighting the potential for further alignment in specific areas.
Islamic Law Accommodation for Social Interaction within Temu Manten Tradition Mahdaliyah, Mahdaliyah; Assaad, Andi Sukmawati; Nur, Muhammad Tahmid
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.2024.34.2.22835

Abstract

The temu manten tradition has been carried out for generations by the Javanese community and the Javanese community who live in Sukamaju District, North Luwu Regency, South Sulawesi Province, Indonesia. This tradition is the culmination of a series of traditional Javanese wedding events, and it is a symbol of the union of two families. This study aims to determine the procession of the temu manten tradition in Sukamaju District, North Luwu Regency, in terms of social interaction and Islamic law accommodated in the tradition. This study is qualitative research with an empirical sociological approach using participatory observation to study the implementation of the temu manten tradition. The results show that the temu manten tradition in Sukamaju is still carried out with some adjustments, and Islamic law can accommodate this tradition through a broader interpretation and flexible application. Temu manten tradition is also a strong medium of social interaction with the community. There has been an acculturation and value shift of temu manten tradition in Sukamaju District with temu manten tradition in Java. To preserve the temu manten tradition in accordance with the principles of Islamic law and in line with the concept of 'urf, it is necessary to conduct continuous education to the community.
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.
A PRISMA Systematic Review of Waqf Research (2019–2023): Global Trends and Methodological Insights Al Ghafri‬‏, Zahra Ali Nasser; Bensala, Youcef; Rosele, Muhammad Ikhlas
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.2025.35.2.26199

Abstract

The global importance of waqf in mitigating economic crises has been widely acknowledged, leading to a growing number of literature reviews in the field. This research is significant as it serves as a reference for scholars in waqf studies. This review analyzes waqf literature from 2019 to 2023 using the Scopus database. Utilizing the PRISMA framework as a methodology, the study initially identified 1153 articles, reducing this to 208 after applying specific filters. The findings highlight key elements of the literature on waqf, including theoretical frameworks, regional focus, and key findings and propositions. A key finding is the geographical focus of waqf research on Malaysia and Indonesia, the prevalence of case studies as a methodology, and the direction of future research agendas towards enhancing governance practices, leveraging technology, and pursuing legal reforms. The results of this review not only demonstrate what is already known but also highlight areas that remain underexplored. Therefore, the recommendations presented are formulated based on these findings to encourage more focused and relevant further research.

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