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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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They are Just the Same; Everyday Life of Terrorists’ Families in East Java Indonesia Zakiyah; Koeswinarno; Farida, Anik; Wahab
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 1 (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.v18i1.8343

Abstract

This article aims to investigate the everyday life of terrorists’ families in Surabaya and Sidoarjo East Java Indonesia namely how they have interacted with their neighbors and adapted to the community. Data of this research were gathered through interviews with the neighbors of terrorists’ families and related parties, observing the crime scene of the bombing blast and the neighborhood areas where the terrorist families live, and library research. Results of this study show that the terrorist families of suicide bombings and those raided by Detachment 88 Police Squad were recognized as “ordinary people” by their neighbors and colleagues. Their physical appearances were generally just the same as other Muslims living in their neighborhood; even they participated in several social activities held by the community and interacted with their neighbors openly. This can be recognized as their strategy of adaptation. Thus, they were accepted by the surrounding community, and at the same time, they could still maintain their inner goals as a member of e terrorist group. This paper used the theory of adaptation and Islamic law to examine these aspects, especially how Islam sees jihâd and Inghimâs.
Patuntung: The Encounter of Local Culture and Islamic Sharia in the Ammatoa Kajang Community Zainuddin; Jusalim Sammak; Salle
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (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.v18i1.8207

Abstract

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.
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 Zainal Abidin; Miftahul Ulum; Cut Linda Marheni; Umarul Faruq; Khotibul Umam
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (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.v18i1.6989

Abstract

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.
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 Abdurrohman Kasdi; Umma Farida; Fauzan Adim
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (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.v18i1.7266

Abstract

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.
The Communal Democracy of Yogyakarta Special Region’s Government on the Islamic Law Eclecticism Perspective Hariyanto; Hanif Fudin; Muhammad Fauzan; Kadar Pamuji; Tedi Sudrajat
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (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.v18i1.7403

Abstract

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.
Islamic Law at the Grassroot; SIGMA Program at Bhasa Radio Situbondo and Its Controversy Nawawi; Muntaha Artalim Zaim; Ahmad Azaim Ibrahimy; Yasid; Abdul Hamid Achak
Al-Ihkam, Jurnal Hukum dan Pranata Sosial Vol 18 No 1 (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.v18i1.8332

Abstract

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.
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.
Portion of Married Daughters in Inheritance Share among Angkola Batak Community Ritonga, Raja; Harahap, Sumper Mulia; Asrul Hamid; Andri Muda; Zuhdi Hsb
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 19 No. 1 (2024)
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.v19i1.7342

Abstract

It is believed that Islamic law provides a fair share for inheritance among men and women or among sons and daughters. However, it does not always happen that way like what occurs in Angola Batak community with Muslims as its majority at the South Tapanuli. This article focuses on married daughters’ gain in inheritance share. The problems discussed are: First, what are the types of married daughters’ inheritance gain in Angkola Batak’s customs? Second, what are triggering factors beyond the types of married daughters’ inheritance gain? Third, how does the sharing practice imply to the Islamic law? This field research relies on primary data obtained from both observation and interviews. Research informants were selected based on relevance criteria to the research subject, Angkola Batak women who get the inheritance share from their birth families and some relevant parties. Additionally, it also used secondary data from a literature study employing a sociological approach to reveal the reality vividly. The interpretative data analysis was through several stages starting from data collection and reduction and then drawing conclusions. It reveals four types of married daughters’ share in inheritance: (1) in contrast to the share of sons, (2) the share is collectively distributed among fellow sisters, (3) the share is temporary, and (4) no inheritance gain at all. Second, the four types stem from both socially constructed considerations as well as divinely given factors. Third, the share implies either improvisation, deviance, as well as local values embed in Islamic law.

Page 33 of 39 | Total Record : 386

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