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Erie Hariyanto
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Office Faculty of Sharia IAIN Madura Institut Agama Islam Negeri Madura Jl. Raya Panglegur km 04 Tlanakan, Kabupaten Pamekasan, Jawa Timur, Indonesia 69371
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INDONESIA
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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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.
Business Success of Asnāf Women’s Entrepreneur: an Islamic Law Perspective Moch. Khoirul Anwar; Ridlwan, Ahmad Ajib; Yan Putra Timur; Citra Dewi , Tazkiyah Nur Laili; Juliana, Juliana; Anwar Adem Shikur
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.v19i1.8690

Abstract

Indonesian Muslim communities still have different perceptions towards entrepreneurial activities carried out by women, especially those classified as asnāf or zakat recipients. In fact, some asnāf women can show their existence in the business sector. Therefore, this study aims to describe things in common for successful business women, the role of ʿāmil az-zakāh among the success of the business as well as the Islamic law perspective on working women. As a field study, this study used a qualitative approach. Data was collected through in-depth interviews with six women entrepreneurs who live in Surabaya and three staff of ʿāmil az-zakāh institutions which formerly empowered the entrepreneurs through their programs. The observation was conducted at the informant's business space from September to October 2022. The results of this study indicate that the informants have things in common in running the business, namely high motivation and religiosity. Mustahiq empowerment program and assistance from ʿāmil az-zakāh institutions, meanwhile, encourage them externally. Islamic law grants women the same privileges as men when it comes to employment and economic dealings, provided that they continue to carry out their responsibilities as wives and mothers to their families, among other things. Furthermore, according to some ulemas, a woman may engage in business as long as the revenues are used to address the primary rather than secondary needs.
Sextortion, Gender, and Digital Crime: A Socio-Legal Comparison between Positive and Islamic Law JM. Muslimin; Shubhan Shodiq; Kamarusdiana; Thamer Hamdi M. Almutairi
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.v19i1.8731

Abstract

Digital sexual violence with the motive of extortion, known as sextortion, is one of the gender-based violence online types that is rampant in nowadays era of technology. The purpose of this study is to analyze (theoretically and empirically) the sextortion while offering progressive socio-legal interpretation solutions. This study is a normative and empirical legal research, employing statutory, case study, interviews, Focus Group Discussion (FGD), and fiqh approach. The data sources both primary and secondary, consist of legal materials, cases, real experiences, and sociological overviews on some relevant points. The data analysis technique used is content analysis, socio-legal explorations, and surveys, namely by examining documents in the form of legislation and related court decisions, expert judgments and empirical views of the purposive expert community. The results of the study show that positive law still has a dual attitude in which digital sexual violence with extortion motives is considered a crime on one hand but resulting in weak sanctions on another. Women are potentially oppressed and extorted, while their cultural defense mechanism is structurally weak. Meanwhile, in Islamic law, sextortion can be categorized as a part of jarīmah (criminal act) with a punishment named ta’zīr, in which the government becomes the one who determines the type of punishment. A progressive socio-legal interpretation is therefore necessary for that specific type of crime.
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.
Belo Bellen as Compulsory Delivery in Aceh Singkil Wedding; ‘Urf and Islamic Law Anthropology Review Khairuddin; Witro, Doli; Wiji Nurasih; Hetri Yulianti; Anisah Agustina
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.v19i1.10222

Abstract

This article aims to discuss belo bellen (big betel) as a mandatory delivery for the groom to the bride in the community of Gunung Meriah District, Aceh Singkil Regency. It is delivered at the time of mengarak (providing the groom to the residence of the bride’s parents) of the wedding reception. This research is qualitative with an ethnographic approach. Data collection techniques were through in-depth interviews and observation supported by relevant literature data. Data were then analyzed qualitatively, namely through data condensation and presentation then and drawing. This research found that mandatory belo bellen delivery has been practiced for a long time and therefore becomes one of the legacies. Belo bellen take and give is made on the second night of the wedding party, attended by women. The function of belo bellen is to fulfill the custom, namely giving souvenirs of big betel to the bride’s family. The tradition is considered as a good deed according to ‘urf (Islamic legal context). In the anthropology of Islamic law, the tradition reflects the legal culture, legal behavior, and legal views of Aceh Singkil people.

Page 34 of 39 | Total Record : 386

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