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.
Articles
10 Documents
Search results for
, issue
"Vol 18 No 1 (2023)"
:
10 Documents
clear
<![CDATA[Constructing Muslim Identity in a Secular State: The Strategic Role of Two Singapore Islamic Organizations ]]>
<![CDATA[Zulkifli]]>;
<![CDATA[Syafiq Hasyim]]>;
<![CDATA[M Zaki Mubarak]]>;
<![CDATA[Husnul Khitam]]>;
<![CDATA[Muhammad Ishar Helmi]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.6002
<![CDATA[In Singapore, Islamic identity matters mainly because Muslims and Malays have special constitutional status. However, state policies seem to contradict the status while the community is still dealing with the problem of backwardness in educational and economic development. This article examines the profile and strategic role of two Islamic organizations, MUIS (Majlis Ugama Islam Singapura, the Islamic Religious Council of Singapore) and Pergas (Persatuan Ulama dan Guru-Guru Agama Islam Singapura, Singapore Islamic Scholars, and Religious Teachers Association), in accommodating the expression and reconstructing Singaporean Muslim identity. Through intensive library research and using an interdisciplinary approach from social constructivist and fiqh of minorities’ perspectives, this article found that both have played a very important role in the expression and construction of Singaporean Muslim identity. There have been dynamic contestation and cooperation between the state policies towards the Muslim community. However, the global effect of Islamist extremism and terrorism has united them in terms of religious thought, attitude, and the formulation of the ideal Singaporean Muslim identity. The changing process of their stances toward the government’s policies was effective due to the function of fiqh of minorities in contextualizing Islamic teachings in the context of Singapore as a secular state.]]>
<![CDATA[Endogamous Marriage of Prophet's Descendants on the Perspective of Sociology of Islamic Law ]]>
<![CDATA[Fauzan]]>;
<![CDATA[Abdul Qodir Zaelani]]>;
<![CDATA[M. Harir Muzakki]]>;
<![CDATA[Imam Syafi'i]]>;
<![CDATA[Bustomi]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.7132
<![CDATA[This study aims to comprehensively describe the endogamous marriages of the Prophet Muhammad's descendants from the perspective of the sociology of Islamic law. The marriage mainly occurs in syarīfah (the female descendants); they are required to marry the prospectives from ḥabīb (male descendants) groups only. Endogamous marriage will be explored holistically by clarifying the reciprocal relationship between social change and Islamic law among syarīfah. This field research examines the enactment of the law in social life. It used a sociological Islamic law approach to reveal the facts about endogamous marriage in Bangil, East Java, Indonesia, because many of the Prophet's descendants live there. Data collection techniques were interviews and literature search, while the analysis technique used is Miles and Hubermen's analytical procedure. After conducting in-depth research, a conclusion was found that endogamous marriage among syarīfah in Bangil is a form of obedience to customs passed down across generations since their ancestors, namely the tradition of marrying someone of equal lineage. Endogamous marriages have been maintained to this day due to religious teachings, the spirit of protecting the Prophet's family, and the social conditions of those who support its preservation.]]>
<![CDATA[Meta-Juridical Analysis on the Legal Arguments beyond Changes in Indonesian’s Marriage Age Rule ]]>
<![CDATA[Ahmad Dakhoir]]>;
<![CDATA[Sri Lumatus Sa’adah]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.7162
<![CDATA[This paper examines then criticizes legal arguments beyond the change in marriage age minimum limit in Indonesian case then proposing a new insight fur future regularion. It is a normative research with a meta-juridical approach. The primary data is Law Number 16 of 2019 and the SIPP (Sistem Informasi Penelusuran Perkara) report of the Supreme Court of the Republic of Indonesia analyzed using content analysis techniques. The results suggest that the legal argument for changing the minimum age limit for marriage as referred to in Article 7 of Law Number 16 of 2019 was motivated by assumption on the loss of women's rights, the increasing number of child marriage cases, and global pressures. From the perspective of a meta-juridical approach, the three factors are not appropriate arguments for changing the minimum age limit for marriage. On the contrary to the purpose beyond the change, the Article 7 of Law Number 16 of 2019 has rather caused the increasing child marriage after its issuance. Therefore, it is suggested that the standard for determining marriage age limit in the future regulation also considers the concept of of bâ’ah, ‘âqil, and bâligh which combine biological maturity and social responsibility.]]>
<![CDATA[Postgender Fiqh: The Views of MUI’s and KUPI’s Ulema on Postgenderism from Maqāṣid Sharī’ah Perspective ]]>
<![CDATA[Iffatin Nur]]>;
<![CDATA[Reni Puspitasari]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.7313
<![CDATA[This study aims to formulate the paradigm of fiqh (Islamic law) in predicting various impacts of postgenderism by exploring postgender preferences according to MUI (Indonesian Council of Ulema) and KUPI (Indonesian Women Ulema Congress) scholars. This qualitative research begins with examining the perceptions of ulema (Muslim scholars) of both organizations regarding postgenderism. Primary data about perceptions and preferences on postgenderism were explored through in-depth interviews with four ulema, two from each organization. Secondary data were obtained through literature exploration from primary books and articles on postgender. Data analysis techniques employed spiral analysis equipped with content, comparative, and critical analysis. The findings show that: 1) based on maqāṣid sharī'ah (Islamic laws’ objectives), the ulema view that postgender ideologies and movement threaten human existence and risk the establishment of ḥifẓ al-dīn, ḥifẓ al-nasl and ḥifẓ al-‘irḍ (preserving one’s religion, offspring, and dignity respectively) and 2) postgenderism is considered as an ideology that allegedly violates sunnatullah (God’s laws) and threatens human existence and humanity. Therefore, every activity, facility, infrastructure, and opportunity born from it that threatens the existence of humanity must be avoided as much as possible. One of the preventive paradigms against postgenderism is formulated through uṣūl fiqh iftirāḍi (preventive Islamic law’s fundament) method as an anticipatory ijtihād (intellectual exercise) towards its various possible harms.]]>
<![CDATA[Social Diversity Model: Inheritance of Mutual Collaboration in the Indonesian Hindu-Muslim Society at Tengger, Lumajang ]]>
<![CDATA[Abdul Chalim]]>;
<![CDATA[Shohib Muslim]]>;
<![CDATA[Sholahuddin Al-Fatih]]>;
<![CDATA[Fadloli]]>;
<![CDATA[Asrul Ibrahim Nur]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.7318
<![CDATA[This study aims to describe and analyze how the cultural inheritance of a collaborative Hindu-Muslim community occurs in Tengger Village, Lumajang Regency, East Java, Indonesia using the concept of ta'âwun as the theoretical framework. The research is qualitative with a multi-case study type. Data were collected using in-depth interviews to relevant parties, participant observation at the research locus, and documentation to collect information about the history and general description of the Tengger people. Meanwhile, data analysis is by examining ta’âwun concept by presenting and condensing data then drawing conclusions. Researchers check the data validity using credibility, transferability, dependability, and confirmability. This research resulted in the following: the cultural inheritance of mutual collaboration in the community is through; 1) becoming role model to show respect on others’ right, 2) establishing and maintaining community organization, 3) organizing customary events with committees coming from the whole part of the community.]]>
<![CDATA[Patuntung: The Encounter of Local Culture and Islamic Sharia in the Ammatoa Kajang Community ]]>
<![CDATA[Zainuddin]]>;
<![CDATA[Jusalim Sammak]]>;
<![CDATA[Salle]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.8207
<![CDATA[The purpose of this research is to explore Patuntung belief among Ammatoa Kajang community and analyze the encounter between the belief and Islamic teaching. It relies on both primary and secondary data. Primary data was obtained through in-depth interviews and on-site observation. We interviewed ten key informants: four traditional leaders, three religious’ leaders, and three community leaders, while the observation was during July-September 2022. The secondary data was from literature exploration. The results of this study show that the Patuntung is the traditional belief of Ammatoa Kajang Community which has been still preserved today with its whole distinctive and unique features. Additionally, there also occurred encounter between Patuntung and Islamic belief as clear in the internalization of five Islamic pillars in Patuntung teachings. Quite different from those five which accentuate physical behaviors, Patuntung teaching stresses more on heartily intention and this makes the physical differences between the two inevitable.]]>
<![CDATA[Al-Wasathiyah fî al-Iqtishâd al-Islâmî: Ârâ’u ‘ulamâ Jam’iyati “Nahdlatul Ulama” Bi Jawa al-Syarqiyah haula “al-Taraddud” bi Sya’ini Fatâwa al-Fawâid al-Mashrîfiyah ]]>
<![CDATA[Zainal Abidin]]>;
<![CDATA[Miftahul Ulum]]>;
<![CDATA[Cut Linda Marheni]]>;
<![CDATA[Umarul Faruq]]>;
<![CDATA[Khotibul Umam]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.6989
<![CDATA[Recently, there has been a massive innovation of online loans and good purchases using pay later with installment schemes. The phenomenon inevitably brings into controversies among the public recalling the old discussion about bank interest. Although Islamic scholars have formulated religious edict (fatwa) about bank interest, some look unfirm, such as that of NU (Nahdlatul Ulama’). This writing aims to portray the seemingly unfirm attitude of the organization relying on the assumption that it actually aims to campaign Islamic economic moderation a la NU. This is qualitative research using the phenomenological approach with the interview as the data compilation method. The opinion of 8 Kiais from the East Java NU insiders became the research subjects. The result shows how the dispute of bank interest has been becoming a continuously debatable topic. Among the three opinions about the bank interest, namely haram, halal, and shubhat, most informants choose the moderate one by neither considering it halal nor haram, including categorizing it as a part of riba type. This intersubjective opinion resonates with organizational opinion which reflects tolerance of the Indonesian monetary reality, such as Islamic banking and conventional banks which are respectively used by Indonesians. This sort of contestation takes a form of formalist and substantial moderation for bridging extreme opinions about the bank's interest.]]>
<![CDATA[Al-Takâmul wa al-Tawfîq bayna al-Fiqh wa al-Tasawwuf: Wijhah Nazhar Kiyahî Muhammad Shâlih Darat al-Samarânî fi Taqaddum al-Fikr al-Dinî fî Indûnîsiyâ ]]>
<![CDATA[Abdurrohman Kasdi]]>;
<![CDATA[Umma Farida]]>;
<![CDATA[Fauzan Adim]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.7266
<![CDATA[This article aimed to analyze the perspective of Kiyahî Shâlih Darat in integrating fiqh and Sufism which are generally considered different from one another. Fiqh tends to illustrate the outward side in deriving legal rulings from the Qur’an and Sunnah, while Sufism tends to refer to the inner side in applying the teachings. The integration between both is deemed necessary to balance the internal and external dimensions of Muslim life, as they are an inseparable unit. This research is a qualitative library one with the data collected from the books of Kiyahî Shâlih Darat and research on his ideas. It is furthermore a study that attempts to analyze the contents of Kiyahî Shâlih Dârât’s thought objectively and scientifically to find its meanings and values. The results showed that the Kiyahî Shâlih Darat mastered various disciplines ranging from fiqh, Sufism, tafseer to hadith. His thought reflects the manifestation of a perfect religious intellectual spirit. He interpreted the Islamic teaching and its ritual practices in the context of carrying out the integration between fiqh which emphasized the outward aspects and sufism which focused on the inner ones. According to him, Muslims who only rely on one of both and ignore another cannot be considered perfect Muslims because Islam does not only give attention to external things but also internal ones. Likewise, Islam not only regulates the soul but also takes care of physical matters. Fiqh without Sufism, as he mentioned, will be empty, while Sufism without fiqh will be futile so real Islam is a combination between both.]]>
<![CDATA[The Communal Democracy of Yogyakarta Special Region’s Government on the Islamic Law Eclecticism Perspective ]]>
<![CDATA[Hariyanto]]>;
<![CDATA[Hanif Fudin]]>;
<![CDATA[Muhammad Fauzan]]>;
<![CDATA[Kadar Pamuji]]>;
<![CDATA[Tedi Sudrajat]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.7403
<![CDATA[Law Number 13 of the Year 2012 on Yogyakarta Special Region’s privileges containing a legal affirmative democracy system leads to the weakening of democracy and has implications for non-substantive democracy. It furthermore reflects the normative ambiguity of the democratic system which legitimizes Yogyakarta’s privileged affairs. Therefore, this research aims to analyze Yogyakarta’s privileged affairs based on Islamic Law Eclecticism by reconstructing the democratic system in Law Number 13. Using the normative-doctrinal method accompanied by statutory and conceptual approaches, this research used the content analysis method and legal descriptive techniques. This research shows that the democratic system of DIY is crystallized and simultaneously presented in the form of the Trilogy of Yogyakarta Democratic Principles. Those consist of ngencengke oyot, ngencengke pang, and njagani godhong lan kembang. Based on this, the reconstruction of the democratic system of Yogyakarta’s privilege affairs leads to communal democracy as a form of revitalizing its privilege affairs. Besides, that trilogy, based on Islamic Law Eclecticisms, refers to the interconnection of maqâṣid al-syarī’ah cum-rechtsidee and al-‘urf. The reconstruction of the democratic system in Law Number 13 potentially revitalizes Yogyakarta’s privileged affairs by making local wisdom its core value.]]>
<![CDATA[Islamic Law at the Grassroot; SIGMA Program at Bhasa Radio Situbondo and Its Controversy ]]>
<![CDATA[Nawawi]]>;
<![CDATA[Muntaha Artalim Zaim]]>;
<![CDATA[Ahmad Azaim Ibrahimy]]>;
<![CDATA[Yasid]]>;
<![CDATA[Abdul Hamid Achak]]>
<![CDATA[ Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (2023) ]]>
Publisher : <![CDATA[Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI) ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.19105/al-lhkam.v18i1.8332
<![CDATA[This study explores the controversy of SIGMA (Konsultasi Agama or Religious Consultation) at Bhasa Radio 93.1 FM Situbondo as the representation of how grassroots Muslims perceive Islamic law. SIGMA is an aired interactive forum discussing current issues of Islamic law engaging a host, a speaker, and listeners. However, it sparks controversy particularly because of the stigma of a liberalist. This research, therefore, focuses on the typology of SIGMA perspective through the opinion of its speakers, genealogy beyond their thought, and the controversy that comes along. As a qualitative field study with a socio-philosophical approach, it used interviews with 14 informants consisting of SIGMA speakers and staff as well as listeners from diverse backgrounds. It turns out that; firstly, SIGMA’s perspective indicates a progressive type of thought rather than liberal as stigmatized because of the employment of maqas{id al-syari’ah during discussing the issue and making decisions afterward. Secondly, the thinking model can be traced back historically to NU (Nahdlatul Ulama’) reformists who likely use maqas{id al-syari'ah to examine Islamic law along with a progressive mindset. SIGMA speakers furthermore tend to employ advancement of ijtihad and contextual fiqh like what bahs| al-masa'il forums typically do. Thirdly, the controversy stems mainly from the negative stigma which tends to be loudly and sporadically expressed making sympathetic voices unheard. This implies how grassroots Muslims interact with Islamic law in both textual and contextual realms particularly when coping with the changing situation and dynamic methodologies.]]>
