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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 386 Documents
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Judges' Legal Culture in Dealing with High Number of Applications for Child Marriage Dispensation during Covid-19 Pandemic at the Kudus Religious Court Supriyadi; Siti Suriyati
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 1 (2022)
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.v17i1.6060

Abstract

This study aims to explore the judges' legal culture in the Kudus Religious Courts in dealing with the high number of applications for marriage dispensation during the Covid-19 pandemic. Making a decision on a case becomes problematic for judges because they have to make it on their personal considerations. This research was analyzed qualitatively using a constructivism paradigm with a socio-legal research approach based on primary data by interviewing 2 (two) judges, 3 (three) advocates, and 3 (three) applicants for a marriage dispensation. Moreover, it also employed secondary data, including the marriage law, marriage regulation and its implementation, relevant literature, and academic journals. The research findings are: First, the high number was caused by Kudus people’s perception of the minimum legal age of marriage which is based on customary belief, which is maturity in social life, rather than legal regulation which is numerical age. Second, in making a decision about the case, the judges make considerations based on legal facts in the trial court and the values of justice living in the society while paying attention to the Supreme Court rules. Third, the legal culture of judges in deciding the application is making dialogue with some fellow judges while advising applicants to revoke their application.
Creating Family Resilience in Indonesia: A Study of “Marriage Guidance” Program in Aceh and South Sumatera Mursyid Djawas; Hedhri Nadhiran; Sri Astuti A. Samad; Zahrul Mubarrak; Muhammad Abrar Azizi
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 1 (2022)
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.v17i1.6150

Abstract

Indonesia still experiences the increasing of divorce rates. To address this issue, the government through the Ministry of Religious Affairs has carried out several strategic programs, including Bimbingan Perkawinan (Marriage Guidance). The study of this paper examines the influence of the program on family resilience in the provinces of Aceh and South Sumatra. It used the normative approach in sociological studies. Data were collected by means of interviews, document studies, and questionnaires. The results of the study by referring to the questionnaire and interview show that the program in Aceh and South Sumatra has been running well. However, it has not been able to create family resilience and the divorce rate still keeps increasing. It is expected that post-marriage counseling should also be conducted so that married couples can establish family resilience as aspired within the community and country.
Actualization of Moderation in Reasoning at Ma’had Aly Salafiyah Syafi’iyah Sukorejo Situbondo and Its Influence on Istinbâth of Islamic Law Ainol Yaqin; Moch. Cholid Wardi; Achmad Mulyadi
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.5962

Abstract

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.
Patterns for Settlement of Punah Inheritance Disputes In the Community of Nagari Salareh Aia from the Perspective of Islamic Law Elfia; Sandria Milka Ratna Sari; Ikhwan; Muchlis Bahar; Nurus Shalihin
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.6246

Abstract

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.
The Policy Integration Concept of The Mahram Relationship on Nurseling Study on Nurseling Practices in Semarang, Central Java-Indonesia Muna Madrah; Badieah; Andi Riansyah; Alamsyah Alamsyah; Dewi Ayu Fatmawati
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.6316

Abstract

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.
A Critical Analysis of Islamic Law and Fatwa of MUI (Majlies Ulama Indonesia) & NU (Nahdlatul Ulama’) on A Gold-Backed Cryptocurrency (OneGram) M. Asrorun Niam Sholeh; Muhammad Fauzinudin Faiz; Moh. Muhlis Anwar
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.6511

Abstract

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.
Waqf, Maqasid al-Sharia, and SDG-5: A Model for Women’s Empowerment Aam Rusydiana; Raditya Sukmana; Nisful Laila; Sherrindra Avedta
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.6572

Abstract

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.
Abandonment of Women’s Rights in Child Marriage; An Islamic Law Perspective Qodariah Barkah; Arne Huzaimah; Siti Rochmiyatun; Andriyani; Zulmi Ramdani
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.6725

Abstract

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.
Gender Equity in Inheritance System: The Collaboration of Islamic and Bugis Luwu Customary Law Andi Sukmawati Assaad; Saifuddin Zuhri Qudsy; Baso Hasyim; Muhammad Taufan Badollahi; Abdul Wahid Haddade
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.6761

Abstract

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.
Muslim Youth Under Sharia Regime in Aceh: From Accommodation to Resistance Khamami Zada; Windy Triana; Nur Hidayah; Ummi Kultsum; Fathudin
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 17 No 2 (2022)
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.v17i2.7262

Abstract

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.

Page 31 of 39 | Total Record : 386

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