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Erie Hariyanto
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Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Published by Institut Agama Islam Negeri Madura
ISSN : 1907591X     EISSN : 24423084     DOI : https://doi.org/10.19105/al-lhkam.v15i2.2734
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 12 Documents
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Search results for , issue "Vol. 18 No. 2 (2023)" : 12 Documents clear
Masyumi's "Djihad dan Qitaal" and Islamic Laws of War: Ahead of Its Time? Muhammadin, Fajri Matahati; El-Mechwar, Fairuz
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.6187

Abstract

During the post-independence wars in Indonesia, Masyumi’s “Djihad dan Qitaal” was a book serving as a guide for the laskar (Islamic militia) in conducting jihad against those who were attempting to re-conquer Indonesia, including the Dutch and the British forces. We utilize literature research and interviews (obtaining secondary data) to examine the extent of this book’s contribution in terms of legal scholarship, particularly in the context of its historical setting (1945-1948). This research first explores the significance of “Djihad dan Qitaal” during the post-independence wars among the laskar. Second, we explore both the Islamic laws of war (fiqh al-jihad ) and the International Humanitarian Law (IHL) applicable at that time. We find that Djihad dan Qitaal” was a very important book during the war, at least in two things. First, Masyumi’s “Djihad dan Qitaal” is an important war manual used by the laskar during the post-independence wars, and it teaches Islamic laws of war as well as strengthens the spirit of jihad. Second, despite the conciseness of the book, the Islamic laws of war explained have prescribed and encouraged restraint in warfare in a way that fulfills the purpose of IHL, and is sometimes even more advanced than the IHL applicable at that time
Integrasi Syara’ dan Ade’ dalam Tradisi Pernikahan Bugis Bone Sulawesi Selatan Djawas, Mursyid; Ridhwan, Ridhwan; Yusof , Wafaa'; Said, Wardana; Nadhiran, Hedhri
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.10373

Abstract

This study seeks to examine the incorporation of Islamic and customary law into the marriage customs of the Bugis Bone community in South Sulawesi. This research is an empirical legal study employing a legal history and legal sociology methodology. The data for this study was generated from studies of relevant literature and in-depth interviews. This study suggests that syara' and ade' are integrated in the Bugis marital tradition, as evidenced by sompa or dowry, tudang penni, mappacci and mabbarazanji, mappanre tame, and assitulung-tulungan or ma'jama (helpng each other or work collaboratively). If you are referring to the study of Islamic law, then this tradition is part of al-urf, which does not contradict the Qur'an, Sunnah, or good practices, and can be adopted because it provides benefits and advantages. The diverse marriage rituals practiced by the Bugis Bone group are the consequence of the fusion of Islamic and customary law that has occurred throughout the course of the community's history. Because Islamic law, being the most essential component of Islamic teachings, cannot be divorced from society's norms, which have become living law. This fact also constitutes a scientific argument that refutes the receptie theory advanced by earlier experts. From the perspective of Islamic law, the marriage tradition of the Bugis Bone group revealed a harmonious combination of Islamic and customary law. Similarly, sociologically, this integration is able to create rules that control and help achieve harmony and mutual benefit.
Hajj Funds Management Based on Maqāṣid Al-Sharīʿah; A Proposal for Indonesian Context Samsudin; Aziz, Abdul; Syam, Roqiyul Ma'arif; Hasbi , M. Zidny Nafi; Prabuwono, Anton Satria
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.7268

Abstract

Indonesian hajj funds (BIPH) have the potential to support the implementation of hajj worship in an effective, efficient, transparent, and accountable manner while complying with Islamic law. However, it is said that the management turned out to be ineffective and unprofessional. This research aims to examine the management of hajj funds in detail using maqāṣid al-sharīʿah perspective to propose a breakthrough for its better management. It uses a normative juridical method through data presentation and explanation using an interdisciplinary perspective on maqāṣid al-sharīʿah. The data comes from journal articles, scientific documents, and statistical data. The research results show that in maqāṣid al-sharīʿah perspective, namely an instrument to create a balance of the Muslim way of life with Islamic legal values in social, political, economic, spiritual, and universal human aspects, the ḥifẓ māldimension urges using hajj funds for the benefit of society. Therefore, the Hajj Financial Management Agency (BPKH) should collaborate with the Ministry of Religious Affairs and other related stakeholders to manage Hajj funds optimally and efficiently while increasing trust and reducing negative public perceptions. Policies and regulations by the government are made in such a way that it can ease hajj pilgrims to carry out the worship comfortably, safely, smoothly, and spiritually enriching.
Waqf Land in Madura; Its Management and Typical Dispute Resolution Rudy Haryanto; Lailatul Maufiroh; Sulaiman, Sulaiman Hasan
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.7570

Abstract

The abundant waqf practice does not always come with good management which leads to the emergence of conflicts. Conflicts over waqf land are easy to find, including those that occurred in Pangereman Village, Ketapang District, Sampang Regency, East Java Province. This research aims to explore the waqf land practice and management, the conflict or dispute, and its resolution according to Islamic and Indonesian positive law. The method used is descriptive qualitative by connecting the theories and problems of Islamic and Indonesian positive law. Data was obtained through observation and in-depth interviews with nāẓir, wāqif, wariṡah wāqif, village heads, and religious figures. Researchers also observed the situation of the village and the current condition of the conflict. The results of this research are: 1) the waqf land practices had occurred in a cultural way and the village government is the one who manages it; 2) the conflict was due to the absence of waqf transaction official note while the waqf land was not used anymore. This situation led to the heir of wāqif wanted to take the waqf land back; 3) Conflict resolution through traditional ways (deliberation and mediation) was proved to be effective. The role of kiai as a trustworthy one did matter. Although the litigation way was not used, it showed the same spirit as what Indonesian positive law coveys about conflict resolution.
Are Cryptocurrencies Ḥaram? A Critical Analysis toward MUI’s Fatwā Faizi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.8290

Abstract

This paper critically examines the Indonesian Ulema Council's fatwā which prohibits cryptocurrency. The critique focuses on three aspects of the ban. The first is criticism for banning cryptocurrency which is considered to contain garar and ḍarār, and is contrary to Law No. 7 of 2011 and Bank Indonesia Regulation No. 17 of 2015. The second is criticism of the illegality of buying/selling cryptocurrency, which is positioned as a digital asset/commodity that contains garar, ḍarār, qimār, and does not meet the sil’ah criteria. The third is criticism of the permissibility of cryptocurrency as a commodity/asset when it fulfills the sil’aḥ criteria and has underlying and clear legal benefits to be traded. This study adopted a qualitative approach. The conclusion reveals that MUI's fatwā on cryptocurrencies was not built on solid legal reasoning and did not consider the benefits of technological advances. The MUI's fatwā is based on the principles of Islamic law, specifically garar, ḍarār, and qimār, which are used to evaluate the legality of trading commodities or digital assets, such as cryptocurrencies. However, it is important to note that the MUI's fatwā does not consider the potential benefits of cryptocurrencies, such as their use as a new form of investment and their potential to revolutionize industries by enhancing security, and efficiency, and creating new trading opportunities in the digital age. In terms of non-Sharia technology, it is seen as a tool that can be used for good or evil, and its permissibility depends on its use. Blockchain technology, which underpins cryptocurrencies, is considered acceptable because it makes transactions more secure and enables the use of smart contracts.
Dispen-ku Android-Based Application: Assisting Religious Court Judges in Deciding for Marriage Dispensation Zuhriah, Erfaniah; Mayasari, Lutfiana Dwi; Rahmawati, Erik Sabti; Razak, Abdul Qayuum Bin Abdul; Sukadi, Imam
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.8773

Abstract

The high rate of child marriage in Indonesia following the marriage dispensation procedure demands an application to help judges decide the proposals accurately and effectively. This 4D development model research aims to create a standard reference in making decisions regarding the dispensation of marriage proposals using an application. The first stage is defining variables used at the application as measurement, the second stage is designing, namely the process of preparing a conceptual framework in the form of technological innovation, the third stage is developing technological innovation and the fourth stage is disseminating, namely the use of an application. At the defining stage, the variables to measure the level of urgency in granting the marriage dispensation include Social, Partnership Role, Financial, Spiritual, and Reproductive or Sexual Readiness. At the designing stage, the Dispen-Ku application is created using Kodular, a website that provides tools for creating Android applications using block programming. In the disseminating stage, the Dispen-ku application which has been uploaded to the Playstore page is distributed to research subjects, namely two judges in Religious Courts.
Tagyîr Mawdhî’ Inhirâf Qiblat al-Masjid fî Bamîkasân ‘alâ Asasi al-Tiknôlôjiyya al-Mutaqaddimah: al-Tahlîla al-Ijtimâ’î wa al-Tsaqafî Hosen; Abdul Jalil; Abd. Wahed; Ach. Muzayyin; Ziyad Ravaşdeh
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.8939

Abstract

Reposition of wrongly-established qibla direction typically brings into controversy, particularly among takmir as the mosque officiants. However, what occured in Pamekasan shows different trends. This research therefore focuses on how the Pamekasan based takmir responded on the qibla direction reposition issue. It is a descriptive one based on qualitative data. The data was collected using interview to the takmir and participatory observation at the research locus. The obtained data was then sorted and systematically arranged for verification to draw a conclusion. The research comes to a conclusion that; first, the deviation of qibla direction on the research locus was caused by wrongly-determined direction in the initial mosque building process due to the ignorance of Islamic astronomy or so called ilmu falaq theories. The mistake was figured out trough verification on the sun image and qiblat direction application. Second; the reposition was initiated by takmir who firstly consulted with experts on Islamic law and falaq, made scientific investigation by rechecking the mosque qibla direction using advanced technology, then announced the process result to the mosque congregation, and made a deliberation forum before doing the reposition replacing the older with the more accurate and newer one. Third; takmirs’ perception on the mosque qibla reposition tends to be supporting rather than opposing.
Together In Lesema: Living Islamic Law among Customary Dani Muslims Polygamy Practice in Papua Yamin, Ade; Wijayati, Mufliha; Makatita, Ahmad Syarif; Marwan Sileuw
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.9957

Abstract

The practice of polygamy (nage apik) within the Dani Muslim Community in Walesi Village of Jayawijaya Papua exhibits distinctive and unique characteristics. This article aims to reveal the practice among the Dani Muslims who apparently place their wives in the same house (called lesema). A qualitative approach using Spreadley’s ethnographic method serves as the primary data collection tool through observation and in-depth interviews with the informants. A review of relevant literature is conducted to contextualize the article within the existing literature. The data are analyzed interpretively by considering the ethical and emic principles. This article finds that first, polygamy for Muslim Dani is not only a way for continuing the descendants but also for asserting authority over the territory and taking responsibility for maintaining the community’s continuity. Second, living harmoniously in lesema is a practice aimed at preserving communal unity without barriers while also serving as a space for transferring knowledge on how to be a Dani woman. Third, polygamy within the Muslim Dani is seen as an extension of their cultural practices, accepted as a necessity and a solution to social issues within the community. The practice furthermore provides a new perspective on understanding the characteristics of Indonesian society regarding the role of women in households. It also illustrates how Islamic law intertwines with local traditions based on the history, level of understanding, natural characteristics, and lifestyle of its community.
Cultural-Based Deviance on Islamic Law; Zakat Tekke Wale’ Spending in Basala, Konawe, Southeast Sulawesi, Indonesia Kamaruddin; Misbahuddin; Suprijati Sarib; Syamsul Darlis
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.10150

Abstract

Owners of swallow's nest in Basala District, South Konawe Regency give zakat of tekke wale' (swallow's nest) using gold zakat rate. This implies deviation from Islamic law and striking difference from the provisions of zakat law formulated by most Muslim scholars. This research aims to reveal the business phenomenon and practice of tekke wale' zakat spending, the factors beyond preference to use zakat with gold rate as well as culture-based deviations on Islamic law regarding this specific practice of zakat. This research is qualitative with an empirical-normative approach which includes interviews with swallow nest owners, community leaders, and religious leaders. Besides, it involves literature review to gather the data. The research shows that swallow nest business is a relatively new livelihood for local people so they have no definite guidance on how to spend the zakat. Their preference using gold zakat rate are due to five factors, ranging from lack of knowledge, assumption that swallow's nest is not a part of agricultural business, easy calculation in giving zakat using gold rate, following the previous swallow's nest owners, to easiness to determine the zakat recipients and spending period. Meanwhile, three forms of deviation from Islamic law existing at the practice urges the specific legal product concerning this specific commodity.
Changes in the Political Behavior of Towani Tolotang as a Minority Religious Group: Fiqh Al-‘Aqaliyyāt Perspective Jubba, Hasse; Ahmad Sunawari Long; Zuly Qodir; Umar Werfete; Muhamad Nastain
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : 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.v18i2.10184

Abstract

This article is aimed at explaining how the political behavior of Towani Tolotang, a minority religious group in Indonesia, unfolds by using fiqh al-‘aqaliyyāt (Islamic jurisprudence of the minority) perspective. Accordingly, the current article discusses three aspects. First, the Towani Tolotang’s political activities. This correlates with the group’s position, which in terms of quantity is far fewer than the Muslim majority. Second, the national constitution’s provision ensures the rights of each citizen to participate in various aspects of life, including political freedom regardless of their position and status. Third, the Muslim majority group’s acceptance of the Towani Tolotang’s political activities. The data analyzed in the research were collected by observing the daily life of the Towani Tolotang, interviewing some informants, and studying document as well as literature studies on relevant documents and literary sources. According to the data analyses, it was found that there are apparent changes in the political behavior of this particular minority group, which not only include the distribution of support given to various political parties but also the active engagement of the group’s elites and followers in the general election wherein some of them have even become a member of the local level legislative body. The present article asserts that the Towani Tolotang is one of the minority groups in Indonesia that has acquired space to actively participate in politics, although occurring at the local level. This is not only due to the Muslim majority’s acceptance, but the Towani Tolotang group’s fraternization with Muslims as well.

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