Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ihkam: Jurnal Hukum dan Pranata Sosial is a high-quality open- access peer-reviewed research journal published by the Faculty of Sharia, Institut Agama Islam Negeri Madura, Pamekasan, East Java, Indonesia. The focus is to provide readers with a better understanding of Islamic Jurisprudence and Law concerning plurality and living values in Indonesian and Southeast Asian society by publishing articles and research reports. Al-Ihkam specializes in Islamic Jurisprudence and Indonesian and Southeast Asian Islamic Law and aims to communicate original research and relevant current issues. This journal warmly welcomes contributions from scholars of related disciplines. It aims primarily to facilitate scholarly and professional discussion over current developments on Islamic Jurisprudence and Law concerning Indonesian and Southeast Asian plurality and living values. Publishing articles exclusively in English or Arabic since 2018, the journal seeks to expand boundaries of Indonesian Islamic Law discourses to access broader English or Arabic speaking contributors and readers worldwide. Hence, it welcomes contributions from international legal scholars, professionals, representatives of the courts, executive authorities, researchers, and students. Al-Ihkam basically contains topics concerning Jurisprudence and Indonesian and Southeast Asian Islamic Law society. Novelty and recency of issues, however, are the priority in publishing. The range of contents covers established Jurisprudence, Indonesian and Southeast Asian Islamic Law society, local culture, to various approaches on legal studies such as comparative Islamic law, political Islamic Law, and sociology of Islamic law and the likes.
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<![CDATA[Actualization of Moderation in Reasoning at Ma’had Aly Salafiyah Syafi’iyah Sukorejo Situbondo and Its Influence on Istinbâth of Islamic Law ]]>
<![CDATA[Ainol Yaqin]]>;
<![CDATA[Moch. Cholid Wardi]]>;
<![CDATA[Achmad Mulyadi]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.5962
<![CDATA[This research aims to find and analyze the moderation in reasoning developed at Ma’had Aly Sukorejo and its influence on the inference of Islamic law. The data collection methods are interviews, observation, and document study. The results of this study found that the moderation of reasoning at Ma’had Aly Sukorejo permeated the space of santri’s thinking because they studied and discussed the discipline of ushul fiqh, maqâshid, and other complementary sciences of ijtihad and then applied them in the practice of Islamic law inference (istinbâth). Their moderations of reasoning cover: 1). thinking that every nushûsh al-syarî’ah connects to its own maqâshid, 2). viewing proportionally between the idealistic and realistic points of view, 3). connecting the text with the current context, 4). not fanatical to any certain school(s), and 5). having openness, dialogue, and tolerance for differences. This reasoning results that the Islamic law products being flexible, adaptive, and beneficial as seen in the case of dialogue in the Friday sermon and marriage registration.]]>
<![CDATA[Patterns for Settlement of Punah Inheritance Disputes In the Community of Nagari Salareh Aia from the Perspective of Islamic Law ]]>
<![CDATA[Elfia]]>;
<![CDATA[Sandria Milka Ratna Sari]]>;
<![CDATA[Ikhwan]]>;
<![CDATA[Muchlis Bahar]]>;
<![CDATA[Nurus Shalihin]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6246
<![CDATA[This research aims to investigate the settlement pattern of inheritance disputes in Nagari Salareh Aia as well as the impact of this settlement pattern. This is a field study using customary law and Islamic law approaches. Data were obtained through interviews and document studies. To analyze data, the Creswell approach was used, which includes data reduction, data verification, and drawing conclusion. This research reveals three significant findings. First, the customary settlement pattern, for heirs who control punah inheritance, is done by selling it to other. If there are one or more heirs, the remaining sale of the assets is divided among the heirs after the Mamak's rights are excluded. Second, the settlement of punah inheritance disputes in Salareh Aia fosters close family ties. It also clarifies the heirs' position regarding inheritance and property status, whether it is a high inheritance or low inheritance. Third, based on the pattern of settlement and the resulting impact, it can be concluded that the mechanism for resolving disputes over the Punah inheritance in the Nagari Salareh Aia has fulfilled sharia principles, namely to maintain the property and the honor of the people.]]>
<![CDATA[The Policy Integration Concept of The Mahram Relationship on Nurseling Study on Nurseling Practices in Semarang, Central Java-Indonesia ]]>
<![CDATA[Muna Madrah]]>;
<![CDATA[Badieah]]>;
<![CDATA[Andi Riansyah]]>;
<![CDATA[Alamsyah Alamsyah]]>;
<![CDATA[Dewi Ayu Fatmawati]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6316
<![CDATA[Giving breast milk is becoming more popular, whether directly or mediated by organizations supporting nursing donors. In Muslim communities, donating breast milk has implications for the relationship between the child and the nursing mother, including the mother's husband and biological children. The relationship is called the mahram relationship. Mahram in Islam is essential because it clarifies the child's lineage and the relationship between the family of the nursing mother. The objectives of this study are 1). to describe the breastfeeding donor in Semarang; 2). to describe community awareness of its implication; and 3). questions whether any policy regulates the recording of breastfeeding donor practices to track mahram relationships. This is qualitative research by exploring information from primary sources in Semarang District. Furthermore, the data, also, is gathered from relevant policy documents to strengthen argumentation and analysis. The results indicate that breastfeeding donor policies already exist in Semarang, but each institution associated with various policies moves independently in its implementation. There is no policy regarding recording the mahram relations. The absence of a clear and integrated policy has led to a tendency for people to practice breastfeeding independently without the need to carry out official recording procedures. The research offers a cross-sectoral integrated policy concept aiming to fulfill children's rights to the best food in their early life while having the right to know the clarity of their lineage.]]>
<![CDATA[A Critical Analysis of Islamic Law and Fatwa of MUI (Majlies Ulama Indonesia) & NU (Nahdlatul Ulama’) on A Gold-Backed Cryptocurrency (OneGram) ]]>
<![CDATA[M. Asrorun Niam Sholeh]]>;
<![CDATA[Muhammad Fauzinudin Faiz]]>;
<![CDATA[Moh. Muhlis Anwar]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6511
<![CDATA[Cryptocurrency is a result of recent development of digitalization in the financial transaction. OneGram is a part of it that uses gold instruments to back up and maintain its value stable. The purpose of this study is to explore how Islamic law and MUI & NU, through their fatwa, percieve the OneGram. This research uses a qualitative approach to gain a deep understanding of the OneGram by using secondary data collected from the Quran, hadith, relevant academic journals according to Islamic law and fatwas from both organization. The results of this study state that OneGram is allowed by Islamic law and the fatwa to be used as digital payment system. OneGram is furthermore supervised by shariah supervisory board to avoid gharar (uncertainty) and maysir (gambling) in maintaining its value. The unique fact from this digital currency is that the use of gold in transaction had been applied in the time of Prophet Muhammad SAW. From this digital development, OneGram as a gold-backed cryptocurrency can revive the function of dinar as currency. OneGram transforms the gold value in dinar coin which physically has no flexibility in today transaction to the gold value in digital platform which has flexibility in digital transaction with broad accesability.]]>
<![CDATA[Waqf, Maqasid al-Sharia, and SDG-5: A Model for Women’s Empowerment ]]>
<![CDATA[Aam Rusydiana]]>;
<![CDATA[Raditya Sukmana]]>;
<![CDATA[Nisful Laila]]>;
<![CDATA[Sherrindra Avedta]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6572
<![CDATA[This study aims to provide an alternative waqf model as Islamic social finance in realizing Sustainable Development Goals (SDGs)-5, namely gender equality and correlate it with Maqashid al-Sharia. This study uses the Analytic Network Process (ANP). ANP is needed in the problem decomposition framework to structure complexity. There are 16 experts as the respondents. From the results of the ANP, it will also be known what the SDGs criteria, maqashid al-sharia components, and waqf models are priorities in realizing the 5th SDGs. The findings of this study reveal that among the other two, social pillars are the main criteria for the SDGs. In addition, the maqashid al-sharia framework's main objective is preserving religion (deen) as a means of enforcing religious responsibilities. Therefore, stakeholders need to consider this element. Then, according to this study, the best alternative waqf model is Waqf & Zakat, Infaq, Shadaqah (ZIS), which is very suitable for gender equality within the framework of women's empowerment in terms of education, entrepreneurship, and other life skills.]]>
<![CDATA[Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective ]]>
<![CDATA[Qodariah Barkah]]>;
<![CDATA[Arne Huzaimah]]>;
<![CDATA[Siti Rochmiyatun]]>;
<![CDATA[Andriyani]]>;
<![CDATA[Zulmi Ramdani]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6725
<![CDATA[The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.]]>
<![CDATA[Gender Equity in Inheritance System: The Collaboration of Islamic and Bugis Luwu Customary Law ]]>
<![CDATA[Andi Sukmawati Assaad]]>;
<![CDATA[Saifuddin Zuhri Qudsy]]>;
<![CDATA[Baso Hasyim]]>;
<![CDATA[Muhammad Taufan Badollahi]]>;
<![CDATA[Abdul Wahid Haddade]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6761
<![CDATA[This article is the result of research on the cultural heritage of the Bugis people of Luwu, South Sulawesi. The research questions that were raised were: how is inheritance practiced among the indigenous people of Bugis Luo, what is the meeting point of inheritance between Islamic law and customary law, and how do Islamic law and customary law combine to create gender. Primary data was collected through in-depth and structured interviews, as well as on-site observation. The analysis was performed using interpretive methods. The study was conducted by analyzing the regulations related to the legal issues discussed by analyzing the laws and comparing the decisions of the Luwu and Bugis courts with the perspective of customary law and Islamic law. The analysis used in this study resulted in women and men being equal. Bugis Luwu Sulawesi has a pluralistic hereditary system with both Islamic and traditional elements. Equal rights and rules are general ideas. This research is based on the proposed mixed inheritance model: masssideppungeng that links the heirs to family, government, and religious customary authorities, the distribution of assets to field conditions, and proportionally identifies the needs, wants, and goals of the inheritors.]]>
<![CDATA[Muslim Youth Under Sharia Regime in Aceh: From Accommodation to Resistance ]]>
<![CDATA[Khamami Zada]]>;
<![CDATA[Windy Triana]]>;
<![CDATA[Nur Hidayah]]>;
<![CDATA[Ummi Kultsum]]>;
<![CDATA[Fathudin]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.7262
<![CDATA[In the context of shari’a implementation in Aceh, there has been resistance among young people wanting freedom and openness in public space with its modernity values. This study aims at investigating the responses of Aceh’s young people to the implementation of Sharia in Aceh and how it implies for the Sharia law enforcement in the region. This is a socio-legal research relying on interviews and focused-group discussions as data collection methods. Respondents consist of young people aged 20-25. This research finds out that there has been a normalization of sharia in the Acehnese society with young people tending to accept sharia in Islamic tenets, propagation, attires, economic system, and penal system. Those who were born after or a while before sharia was implemented for the first time tend to get used to the sharia and consider it a part of their normal life. Their responses vary, from accommodation, adaptation, compromise to resistance. The resistance leads to the agency and creating a counterspace as their comfort zone to express creativity. In turn, this religiosity model contributes to sharia's moderatization in Aceh. Therefore, there is a need for the Aceh local government to maintain and develop spaces for young people to express creativity while maintaining sharia as a part of their lives.]]>
<![CDATA[Al-‘Unfu fî al-Tarbiyah min Mandzûr al-Tashrî’ al-Indûnîsî wa al-Sharî’ah al-Islâmiyah ]]>
<![CDATA[Mohammad Kosim]]>;
<![CDATA[Faqihul Muqoddam]]>;
<![CDATA[Faidol Mubarok]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6170
<![CDATA[Violence on children has become a big unsolvable problem in Indonesian education. In fact, the government has ratified some Laws to protect them from any form of violence. Likely, Islam as the mostly followed religion in the country does the same through its mission called rahmatan li al-alamin or blessing for all. This research relies on a question on how far the Indonesian rules and Islamic law concern on this issue by protecting children from any violence. Using qualitative method in the law research and documentary analysis, it is found that the Indonesian Laws have been sufficient for that purpose as they prohibit all forms of violence against students. Along with it, the perpetrators deserve for punishment due to the mistakes level while the victims deserve for recovery and trauma healing to grow their optimism. In line with that, Islamic law also prohibits any violence because it breaks the purpose of shariah, namely enforcing the goodness (maslahah) and avoiding the harm (mudarat). However, Islamic law still tolerates hitting a child for the sake of education and their goodness as long it is performed softly and becoming the very last option. Both laws, therefore, strengthen each other to protect children from any form of violence mainly at the education sphere. لا يزال العنف نحو الأطفال في عالم التربية مشكلة كبيرة لم يتم حلها، وخاصة في إندونيسيا. في الواقع، وضعت الحكومة عددا من القوانين واللوائح لحماية الأطفال من العنف. وبالمثل، فإن الإسلام – وهو دين غالبية سكان إندونيسيا - موجود ليكون رحمة للعالمين. والسؤال الذي نركز عليه في هذا البحث هو، كيف تحمي القوانين واللوائح الحالية الطلاب من أعمال العنف، وكيف تولي الشريعة الإسلامية اهتماما للحد من العنف على الأطفال؟ ومن خلال المنهج النوعي مع البحوث القانونية وتحليل الوثائق، تبين أن القوانين واللوائح الموجودة كافية لحماية الأطفال من العنف. فالأنظمة القائمة، تمنع جميع أشكال العنف ضد الطلاب، حيث يجب معاقبة الجناة وفقا لدرجة الخطأ والذنب، ويجب تقديم المساعدة للضحية للقضاء على الصدمة وتعزيز التفاؤل، ويجب التعاون من جميع الأطراف التصدي للعنف معا. من جهة أخرى، فإن الشريعة الإسلامية تمنع وتحظر العنف ضد الأطفال لأنه يتعارض مع الغرض من الشريعة الإسلامية، وهو تحقيق الصلاح ورفع الضرر. ومع ذلك، فإن الشريعة الإسلامية تنص على السماح باستخدام العنف للأغراض التربوية من أجل مصلحة الطفل، ولكن يجب أن يتم ذلك بحذر بعناية وكملاذ أخير بعد استخدام جميع الأساليب الأخرى. إن القوانين واللوائح في إندونيسيا والشريعة الإسلامية تعزز بعضها البعض بشكل أساسي لحماية الأطفال من العنف، وخاصة في مجال التربية.]]>
<![CDATA[Vigilantism among the Community in Aceh Against the Accused of Violating the Shariah Criminal Law ]]>
<![CDATA[Faisal Husen Ismail]]>;
<![CDATA[Jasni Sulong]]>;
<![CDATA[Zaitun Muzana]]>;
<![CDATA[Sabirin]]>;
<![CDATA[Arwanyah Bin Kirin]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
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DOI: 10.19105/al-lhkam.v17i2.6751
<![CDATA[This article aims to study triggering factors to make vigilantism against perpetrators of jinayat sharia law violation in Aceh and analyze vigilantism based on the same law. This qualitative research uses literature study and field research as the approach methods. Relevant books, journals, newspapers, and laws and regulations are the primary references while the field study was conducted by interviewing respondents from Islamic criminal law enforcement officers in Aceh. This study found that the emotional attitude of the community, the attitude of joining in, the length of the trial process, the experience of freeing the perpetrators from punishment, and fights between the community and the perpetrators are factors that encourage people to take vigilante actions. The research also found that the punishment of being married off, being bathed in dirty water, as well as beating the accused before being tried in the court were acts that violated the procedures for the Aceh criminal law (Qanun Jinayat). It thus recommends further research related to the reflection of the implementation of Qanun Jinayat in Aceh for the sake of achieving the purpose beyond the qanun.]]>
