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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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The Legal Culture of Samin Community of Family Law in Central Java Nur Wakhidah; Zulfa Jamalie; Mujiburohman Abas; Raihanah Abdullah; Jalaluddin Jalaluddin
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.v19i1.10341

Abstract

This article seeks to examine the legal culture of the Samin community in relation to their preferences in family law, the persistence of the customary law in the community, and the transformations that have taken place in Samin family law. The data of this article is derived from an ethnographic study conducted at various Samin villages in Central Java between 2022 and 2023. Information was gathered via in-depth interviews, observation, and document analysis. The study's findings suggest that the government does not officially recognize marriage within the Samin community. However, the Samin family law has undergone a significant transformation. It underwent a substantial change which involved the government officially acknowledging the Samin beliefs. The research findings reveal symptoms of the Samin family law which underwent a transformation from customary law to local fiqh characterized by a mystical style. Efforts are being made to establish formal legal frameworks that accept the belief in God Almighty and incorporate legal practices. The legal negotiations led to the emergence of natural law plurality which in practice, is influenced by politics, social, and culture.
Bunting Lolo: The Dialectics of State, Islamic Law, and Culture in Marriage Practice among Island Communities in South Sulawesi Abd. Kadir Ahmad; Sabara; Arafah, Sitti; Muhamamd Nur; Nur Fadhilah Mappaselleng
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.v18i2.10399

Abstract

This study intends to explore the socio-cultural construction of island communities in South Sulawesi that fosters the tradition of bunting lolo (child marriage), including the influencing factors and its dialectic with the state and Islamic law. A critical ethnographic method was adopted with the island communities as the research subject, while the culture and practice of bunting lolo constitute the units of analysis. Data were collected from the communities of Kodingareng (Makassar City) and Badi (Pangkajene Islands Regency) island, both part of the Spermonde Islands. The result showed that the practice of bunting lolo has become a tradition based on social, cultural, economic, and religious constructs. In the contemporary context, bunting lolo is a solution to 'balerek' or promiscuity among adolescents, both boys and girls. This practice conflicts with the minimum marriage age regulation of 19 years stated in Marriage Law No. 16 of 2019. Consequently, bunting lolo manifests the dialectic between state, Islamic law, and local culture in marriage practices within the island communities in which state regulation is found to be less considered than the other two.
Non-Muslims and Sharia-Based Regional Government; Comparison between Aceh, Indonesia and Selangor, Malaysia Harahap, Burhanudin; Handayani, I Gusti Ayu Ketut Rachmi; Lego Karjoko
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.v18i2.10456

Abstract

One plausible challenge that may emerge throughout the application of sharia law in Aceh, for instance, is the presence of interreligious disputes. The fact that not all members of communities are Muslims poses an inquiry. This research examines how Sharia law is enforced in Aceh; how legal protection for non-Muslims is affected by the enforcement, as well as, to the same topic, how the comparison between Aceh and of Selangor, Malaysia is. According to this empirical study, Qanun was created in Aceh to secure adherence to sharia law, so that Qanun Jinayat applies to community members identified as Muslim. In contrast, Malaysia is a multiethnic and multiracial nation governed by the supreme law, namely the Federal Constitution, which protects its diverse religion and communities. Sharia law applies exclusively to Muslims in Selangor, in stark contrast to jinayah law in Aceh which apply this to Aceh citizen. Hence, stakeholders in Aceh must collaborate to assess and fortify legal safeguards for non-Muslim inhabitants, extending beyond the freedom to select the form of justice they prefer. The objective is to guarantee the rights of each citizen in a manner that is devoid of violence or any indications of human rights violations.
The Interplay of Fiqh, Adat, and State Marriage Law: Shaping Legal Consciousness of Sasak Women Jumarim; Ilyya Muhsin; Muhammad Chairul Huda
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.v19i1.10522

Abstract

Sasak women grapple with a legal conundrum stemming from the coexistence of multiple marriage legal frameworks encompassing fiqh, adat, and state law. This intricate legal pluralism dynamically shapes the legal consciousness of Sasak women as they navigate the selection of legal avenues to secure legality and address their marital legal challenges. This study pursues two primary objectives: firstly, to examine the intricate interplay among fiqh, adat, and state marriage law concerning the provision of legal certainty and protection for Sasak women; secondly, to probe into the manifestations of legal consciousness arising from the plural marriage legal frameworks. Data were collected through document analysis, literature review, and in-depth interviews with selected Sasak women. The findings illuminate a dynamic interplay among fiqh, adat, and state marriage law across various marital facets, including prenuptial considerations, minimum marriage age, marriage prerequisites and pillars, marriage contracts, residency, polygamy, divorce, and reconciliation. Moreover, the study identifies three distinct forms of legal consciousness emerging among Sasak women: ‘before the law’ when confronting fiqh, ‘with the law’ when embracing formal legal mechanisms to address marital issues, and ‘against the law’ when eschewing formal legal provisions. In conclusion, state marriage laws are more progressive in providing legal certainty and protection for women but lacking criminal sanctions/fines weakens their position compared to religious law (fiqh) and customs (adat). Ultimately, this shapes the legal consciousness of Sasak women in diverse ways.
Dialectics Between Islam and Local Culture in Wetu Telu Lombok Muslims’ Merariq Tradition: An ‘Urf Perspective Fawaizul Umam; Al Humaidy, Mohammad Ali; Amrulloh, Moh. Asyiq
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.v19i1.10603

Abstract

This article discusses dialectical teachings between Islam and local culture among Wetu Telu Muslims, a local community in Lombok, which is often accused of developing a prototype of Islamic teachings mixed with deviant, heterodox, and heretical traditions. The discussion focuses on one form of their traditions that reflects the dialectics, namely the merariq in wedding tradition. By applying a qualitative approach, this study specifically portrayed relevant views of Wetu Telu Muslims which are relatively different from that of orthodox Muslims in Lombok. Based on the results of participatory observation and unstructured in-depth interviews, the study findings reveal that the traditions of the Wetu Telu Muslims, especially in merariq, reflect a dialectical teaching between Islam and local culture so that it can be named as an Islamic tradition. It is also clear that Wetu Telu's teachings are extremely tolerant to the local culture and this is proven, among others, through their wedding tradition. From the ‘Urf perspective, merariq wedding tradition is legitimate for recognition as an Islamic culture or Islamic legal practice even though some aspects of the tradition differ from the general principles of Islamic orthodoxy in Indonesia.
Between Tradition and Religious Doctrine: Questioning Kiai’s Status as Zakāt Recipient Wahyuni, Afidah; Harisah, Harisah; Nur Rohim Yunus
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.v19i1.8780

Abstract

Commonly, people pay their zakāt to aṣnāf groups based on their preferences and considerations. However, in Madura, the distribution of zakāt continues to adhere to the traditional notion, wherein it is mainly allocated and prioritized to kiai. This faces a debatable phenomenon whether Kiai could be zakāt recipients or not. Therefore, this research aims to explore the diversification role of Kiai in zakāt payment and describe the theological and social construction among zakāt payment in Madura. The present study employed qualitative research methodologies, specifically utilizing interviews as the primary data collection technique. The participants in this study included kiai, community members, and leaders from Madurese community. This research study indicates that the Madurese Muslim community designates kiai as mustahīqq zakāt under masākīn, fī sabīlillāh, and amīl categories. The diversification of the Kiai’s role is predicated upon the theological perspective held by Madurese Muslim community which posits that the kiai is a rightful recipient of zakāt. Additionally, Madurese Muslim community keeps a social perception that kiai is a revered individual deserving of compensation. Consequently, even though Madurese people understand the existence of religious doctrine to whom they have to spend zakāt, they still prioritize giving zakāt to kiai as the result of their typical social construction.
Mafhūmu Fiqhi al-Marātib wa Fiqhi al-Awlawiyyāt fī Maqāṣidi al-Qurʾān: Dirāsah Taṭbīqiyyah fī Malaysia Ahmad, Siddig; Ahmad Sunawari Long; Zaizul Ab. Rahman; Muhammad Taufiq; Hüseyin Elmhemit
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.v19i1.8917

Abstract

The debate on the concept of maqāṣid continues to develop dynamically as its relevance to various situations and times. However, misunderstanding the basic principles of maqāṣid which are fixed (al-thawābit) and flexible (al-mutaghayyirāt) causes neglect of one aspect of the basic principles of maqāṣid, and unconsciously leading into dichotomy between the two. Ironically, religious understanding derived from it loses its spirit while maqāṣid is only for the sake of worldly interests while ignoring afterlife mission. This study aims to explain the universal (kullī) and particular (juz’ī) principles of maqāṣid and identify the right approach to implement both principles at the International Islamic University Malaysia. This research used a qualitative approach whose data is obtained through various sources such as observation at the locus, books, journals, conference papers, and relevant websites. The data obtained were analyzed descriptively. This study found that the debate on maqāṣid must be contextualized by understanding the purposes of the Qur'an (maqāṣid al-Qur'ān) which includes the debate on the two principles of maqāṣid. In the discourse of maqāṣid al-Qur'ān, the discussion of maqāṣid al-Sharīʿah is a part that is particular and flexible (al-mutaghayyirāt). This research also found that the right approach to implement maqāṣid al-Qur'ān is with the fiqh of command (fiqh al-marātib). Conversely, the right approach to implementing maqāṣid al-Sharīʿah is with priority fiqh (fiqh Al-Awlawiyyāt). The integration of the two is practiced and implemented in the International Institute of Islamic Thought and Civilization, International Islamic University Malaysia with a context that is very relevant to the context of fiqh that develops in Malaysia.
Environmental Theology and Worship Teaching of Lombok Wetu Telu Old Manuscripts Abdul Quddus; Lalu Muhammad Ariadi; Sigit Wahyudi; Nurmaidah; Ika Juhriati
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.v19i1.10909

Abstract

This study aims to explore the intertwining of two Islamic teachings, namely environmental values and worship practice in three old manuscripts popular among Wetu Telu people in North Lombok. It questions how the three, Serat Rengganis, Usada Rara, and Tuḥfah al-Mursalāh ilā Rūḥ an-Nabī deliver the teaching through its contents about the two themes. Those manuscripts are well known and routinely recited among Wetu Telu in Bayan, a village that routinely holds a ritual called pepaosan. The anthropological method used in this paper relies on primary data through in-depth observation, interviews with relevant parties, as well as manuscript content mapping. The finding shows that environmental values and worship teaching among Wetu Telu in North Lombok are mostly based on those manuscripts with Serat Rengganis as the mostly referred and popular one. The manuscripts likely use metaphors to deliver the teaching which makes it hard to understand the meaning without attending the pepaosan to listen to explanations from the experts. Integration of both teachings is mainly clear from how Wetu Telu people are supposed to behave well to God, fellow humans, and nature. Both individual and social worship of Wetu Telu, like ṣalāt (prayer) and al-ḥajj (pilgrimage), also indicate how the three old manuscripts still play an important role within the community.
Islamic Law Practice among East Javanesse Chinese Muslims; PITI’s Contribution on Its Enforcement Mahfud, Choirul; Ummu Salamah; Ahmad Hasyim, Mohamad Yusuf; Zalik Nuryana; Lubis, Muhammad Arif Fadhillah
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.v19i1.12503

Abstract

This qualitative research explores the practice of Islamic law among Chinese Muslims in Indonesia, focusing on the contribution of the Indonesian Chinese Islamic Association, or Persatuan Islam Tionghoa Indonesia (PITI) in East Java in three aspects; translating the Qur’an into Mandarin, organizing marriage guidance and religious consultation, and facilitating ḥalāl food industry. The primary data collection method involves in-depth interviews with Islamic leaders within the community, particularly those affiliated with PITI. Secondary data is gathered through an extensive review of literature comprising documents, books, news, and articles related to Islamic law practices among Indonesian Chinese Muslims. Data analysis employs a spiral approach, encompassing content analysis, contextual examination, and critical evaluation. The results of this research show that, specifically, PITI East Java is focused on three areas: arranging marriage counseling, translating the Qur'an into Mandarin, and developing a mentoring program for ḥalāl products. Besides, PITI uses a cultural approach to help Chinese Muslims comprehend and follow Islamic precepts while also taking into account their unique background and characteristics. As a result, the Chinese heritage has been influenced by Indonesian and Islamic traditions. This practice is dynamic and still proceeding in the new horizon that needs support from all stakeholders, the government, and other Muslim communities in Indonesia.
Fiqh Contestation on Women's Public Leadership in Indonesia and Malaysia: Reproducing Qur'anic and Hadith Interpretations Muqtada, Muhammad Rikza; Istianah; Ahmad Sharifuddin bin Mustapha; Mufid, Abdul
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.v19i1.13163

Abstract

This paper discusses the contestation of women's public leadership discourse among feminist activists in Indonesia and Malaysia and how the reproduction of fiqh on women's public leadership in both countries takes place. This research is a field study with data collection through interviews and direct interaction with women activists in both countries and documenting their works. Using the Islamic activism approach, it was found that: 1) The issue of women leaders in Indonesia and Malaysia is complex. Women are often held back by culture, religion and politics. Muslim feminist groups face resistance from conservative groups when they try to challenge gender inequality. Furthermore, some sharia law make it harder for women to get legal protection and justice. More legal rights and support for women are therefore required to make politics more equal. 2) Feminist activists in Indonesia and Malaysia have reinterpreted Islamic texts to promote gender equality. They offer gender-responsive interpretation of the Qur'an and Hadith deemed to be fairer while supporting support social justice and gender equality. 3) The fiqh product of leadership concludes that the moral ideal in the Qur'an and hadith is for leaders to be competent (qawwām). People who fit this profile are well-suited to lead, particularly in a country that adheres to democratic principles.

Page 35 of 39 | Total Record : 386

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