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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 Diversity of Islamic Javanese Kings’ Waqf Management: Ruislag and Various Social Conflicts Zaenurrosyid, A; Sholihah, Hidayatus; Miftahuddin, Miftahuddin; Nawawi, Nawawi
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
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.v20i1.14286

Abstract

The main benefit of waqf (endowment) assets is fundamentally for the welfare of the community. However, various conflicts often occur within waqf management, such as among nāẓir (waqf managers) and bureaucrats, including that on waqf ruislag (ibdāl) in Kendal, Semarang, and Demak affected by the national road project. Taking the cases as a sample, this research aims to explore various management and utilization of waqf assets, to examine diversity in land exchange involving waqf lands from Javanese kings, and to uncover various conflicts in management and exchange of waqf assets. This study employs a socio-anthropological approach with qualitative analysis. Data were collected through interviews with nāẓir, officials from the Ministry of Religious Affairs, and engaging foundation's staff. Additionally, the research involved reviewing waqf asset records, examining documents, and conducting necessary observations. The findings of this study are: First, a wide variety of waqf assets are managed in different forms, serving various purposes such as education, healthcare, and other social benefits services. Second, as some waqf assets have been impacted by the national road project, ibdāl waqf, when considered for maṣlaḥah ‘āmmah (public benefit), took place under consideration that a particular Islamic law school and Law No. 4 of 2004 allowed it. Third, the ibdāl has given rise to various conflicts involving waqf institutions, foundations, or legal entities. Therefore, conflict prevention is very important for waqf asset governance based on nāẓir collective awareness, regulations, and resolution.
Halal Certification Service in Indonesia: Between Islamic Law Compliance and Satisfaction Improvement Zuhrah, Fatimah; Savitaningrum Imansah, Retno Kartini; Atieqoh, Siti; Kustini, Kustini; Suhanah, Suhanah
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
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.v20i1.15225

Abstract

Although the main principle in Islamic law emphasizes the clarity of the ḥalāl-ḥarām of a product, the implementation of halal certification standards must still consider aspects of service and convenience for consumers in their management. However, so far, the harmonization between halal certification standards and consumer needs, especially related to satisfaction with halal certification services, has not been optimal. Therefore, the study examines the extent of Indonesian public satisfaction with halal certification services as well as obstacles and strategies in strengthening halal certification services. This study uses quantitative and qualitative data which was analyzed descriptively. A quantitative approach with a survey was conducted to measure public satisfaction with halal certification services. While qualitative methods were used to investigate obstacles and strategies for strengthening halal certification services. This study found that Indonesian public satisfaction with halal certification services is high. However, various factors such as demands for simplicity, access to information, procedures, service time, and complaints must be improved because the public has higher expectations. Strengthening and accelerating halal certification services can be done through education and socialization of ḥalāl awareness, collaboration and expansion of cooperation with all stakeholders, accreditation of the Halal Inspection Institution (LPH), as well as training and certification of halal auditor competencies as an effort to ensure that the products are truly ḥalāl and fit for consumption in accordance with Islamic law.
Min al-Ḥall ilā al-Qawmiyyah: Fiqh as-Siyāsah li al-Qam‘i al-Jadalī Tijāh al-Jamā‘āt al-Islāmiyyah bi Indūnīsiyā Wibowo, Waskito; Yasin , Yuli; Mohammad Syairozi Dimyathi; Anwar, Saepul
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
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.v20i1.8557

Abstract

During his second term, President Joko Widodo took decisive action by dissolving two prominent Islamist organizations in Indonesia, Hizbut Tahrir Indonesia (HTI) and the Islamic Defenders Front (FPI). This study explores how the Indonesian government has sought to strengthen its position and gain the trust of nationalist and moderate Islamic factions through anti-Islamist policies. By utilizing Islam as a political tool, the administration has fostered nationalism while suppressing Islamist and conservative movements. Employing a case study and fiqh siyasah conceptual approach and analyzing secondary data from books, journals, and media, this research examines three key questions: how Indonesian presidents have historically interpreted Islamism, how identity has been used to fuel animosity between Islamists and Jokowi’s administration, and the impact of dissolving Islamic organizations on Indonesia's democratic future. The findings reveal that religion has been exploited for political purposes, posing a threat to freedom of expression and assembly in a democracy, while Jokowi’s administration has strategically used Islamism to consolidate its power and public trust. This matter, in fact, gains legitimacy from the political jurisprudence that the Islamic group seeks to promote.
Legal Compliance of Acehnese Muslim Society in Technological Disruption Era: Study of Online Gambling and Prostitution Helmi, Muhammad Ishar; Pujiyono; Khamami; Hidayat, Asep Syarifuddin
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 1 (2025)
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.v20i1.15373

Abstract

Technological developments have significantly impacted the legal culture of Acehnese Muslim society, particularly through the rise of online gambling and prostitution. As a region with special autonomy to implement Islamic law, Aceh enforces the Qānūn Jināyah based on Sharia principles. However, the increasing accessibility of digital platforms has facilitated immoral practices, challenging both legal enforcement and cultural norms. This study aims to analyze: (1) Aceh law enforcement in facing the rise of new criminal cases, namely online gambling and prostitution, and (2) Challenges and opportunities to maintain legal compliance amidst technological development. Using a socio-legal approach with qualitative methods, the research collected primary data through interviews with law enforcement officials, community members, and individuals involved in technology-based crimes. The findings reveal that despite the existence of Sharia-based laws, enforcement remains ineffective due to social, economic, and institutional limitations. Applying Lawrence Friedman’s legal system theory—substance, structure, and culture—the study concludes that while the legal framework is in place, societal support and institutional consistency are lacking. This research contributes to the discourse on Islamic law enforcement in the digital era and highlights the urgency of policy reform to address technology-based crimes more effectively within Sharia frameworks.
Al-Ta’bîr al-Siyâsî lî al-Muslîmîn al-Shînîyîn bî Jember fî Mandzûri fiqh al-Siyasah: Aghlabiyah Dîniyah wa Aqalliyah ‘Arâqiyah : Bahar, Moh. Syaeful; Dodik Harnadi; Ali Rohmad, Ahmad Khubby
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
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.v20i2.12644

Abstract

This study examines how Chinese Muslims in Jember, Indonesia, negotiate their unique position as an ethnic minority within a religious majority through the lens of fiqh al-siyasah (Islamic political jurisprudence). Using a qualitative approach that combines in-depth interviews with community leaders, participant observation, and documentary analysis, the research reveals three main patterns of political expression: a response of avoidance justified by the principle of preventing means to ends, an adaptive response rooted in expediency through strategic alignment with the Nahdlatul Ulama and limited individual participation. At the socio-religious level, Chinese Muslims have devised a complex dual-identity strategy that preserves Chinese cultural authenticity and Islamic orthodoxy through the creative application of the principles of custom, the distinction between custom and worship, and the architectural-ritual synthesis embodied in the Muhammad Cheng Ho Mosque. Their positions on contemporary theological-political issues—the Ahok blasphemy case, the call for a caliphate, fundamentalist movements, and Indonesian democracy—demonstrate a sophisticated application of political jurisprudence concepts, including siyasah syar’iyah, maqasid al-sharia, istihsan and istishlah. The study contributes theoretically by expanding fiqh siyasah to include ‘composite minorities’—ethnic minorities within religious majorities—and practically by showing how classical fiqh principles can provide a flexible yet sound framework for Muslim minorities navigating complex pluralistic contexts. The findings confirm that Islamic jurisprudence is inherently dynamic and contextual (rulings change with changing circumstances) and that creative cultural-religious synthesis can achieve social integration without compromising doctrinal fundamentals.
Evaluating Halal Certification Assessment on Madurese Tourism Destination Nahidloh, Shofiyun; Lailatul Qadariyah; Firman Setiawan; Trischa Relanda Putra; Tri Pujiati
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
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.v20i2.14913

Abstract

This study assesses halal certification and implementation of halal tourism practices in selected tourist destinations on Madura Island, Indonesia, namely Pasarean Syaikhona Kholil, Asta Tinggi, Lon Malang Beach and Bukit Tinggi Daramista. Using a qualitative case study design, data were gathered through in-depth interviews, focus group discussions, participant observation and document analysis and were evaluated using halal tourism indicators derived from Islamic jurisprudence, national halal certification regulations, and ulama-based guidelines. The findings indicate that although these destinations do not formally designate themselves as halal tourism sites, they have substantially integrated halal tourism principles into their management and services as reflected in the availability of halal food and beverages, adequate worship facilities, cleanliness and sanitation, the absence of non-halal activities and strong managerial commitment to Islamic values supported by religious authorities. From the perspective of Islamic law particularly through the framework of maqāṣid asy-syarī’ah, fiqh mu’āmalah and fiqh al-ʿādāt, these practices demonstrate substantive compliance with Syarī’ah objectives in safeguarding religious observance, public welfare, moral integrity and economic justice. Nevertheless, the persistence of partial halal certification, limited disability-friendly infrastructure and fragmented Islamic information systems underscores the need for gradual institutional strengthening, improved regulatory coordination and closer collaboration with halal certification authorities to enhance the sustainability and legal certainty of halal tourism development in Madura.
Islamic Law Understanding and Female Breadwinners: Gender Equity or Economic Demand? Junaidy, Abdul Basith; Rusli, Rusli; Fanani, Ahwan
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
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.v20i2.15517

Abstract

The female breadwinners among Muslim families nowadays is growing significantly, while male is obligated to provide for family needs in Islam. The number of female breadwinners in Kropak village, Probolinggo, for instance, has grown despite of its devout Muslims’ society. The article aims to reveal the reasons driving the rise of female breadwinners in Kropak Probolinggo and to analyze the phenomenon through the lens of Islamic law. The article employs a qualitative method, using case study approaches and uṣūl al-fiqh theory. Data are collected from in-depth interviews and documentation. The research shows that there are two reasons driving the phenomenon of female breadwinners in Kropak, Probolinggo, namely economic needs and lifestyle. The motives of women playing the role comprise the intention of supporting household expenses, caring for family members, or fulfilling the need for lifestyle. Some wives consider their breadwinner’s role as a necessary obligation, while others reluctantly accept it. In the lens of Islamic law, women are allowed to work, but Islamic scholars have different opinions on whether financial support by a wife is considered as a husband’s debt or as a condition allowing husbands to get rid of their responsibility. The article provides brief explanatios of the motives and Islamic law lens on female breadwinners’ phenomenon in Kropak Probolinggo.
Best Interest of the Child (Ḥifẓ al-Awlād) Principle in Adjudicating Marriage Dispensation for Under-Age Couples Moch. Nurcholis; Iffatin Nur; Abd. Holik; Ahmad Muhtadi Anshor
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
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.v20i2.15927

Abstract

Since the enactment of Law Number 16 of 2019, which amended Law Number 1 of 1974 on Marriage, the Religious Court of Malang Regency has experienced a significant surge in marriage dispensation applications compared to the period when the previous Marriage Law was still in effect. This research aims to construct the concept of maqāṣid asy-syarī’ah fī ḥifẓ al-awlād by analyzing judicial reasoning of judges in determining marriage dispensations at Malang Regency Religious Court. It specifically explores how judges’ interpretations of the best interests of the child can be formulated into a new derivative of maqāṣid theory. This research is a normative-empirical juridical research with a case approach. The data were collected through interviews with three male judges and two female judges from the Religious Court of Malang Regency. Informants were selected using purposive sampling, targeting judges with the most extensive experience in handling marriage dispensation cases. As data saturation had been reached, the number of informants was deemed qualitatively representative. Data were also obtained from official documentation of legally binding marriage dispensation rulings (inkracht van gewijsde). All data were analyzed using a descriptive-analytical approach, and conclusions were drawn through the application of an interactive cyclical method. The principle of the best interests of the child in determining marriage dispensations aims at providing protection for the child, both physically and psychologically. It includes the age of the prospective bride and groom, economic adequacy, reliable guidance and assistance from the family, and adequate religious safety and protection of children in the womb.
Suicide in Manggarai, Eastern Indonesia: Comparative Perspectives from Islamic, Catholic, and Indigenous Law Widyawati, Fransiska; Al Qurtuby, Sumanto
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
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.v20i2.15959

Abstract

Suicide is a complex phenomenon that affects individuals and society, demanding global attention and requiring diverse approaches to be fully understood. This article presents a comparative study of suicide, analyzing both its conceptual and practical aspects within the frameworks of Islamic law, Catholic law, and customary law. For the conceptual analysis, a literature review focusing primarily on Islamic and Catholic law was utilized, while for the practical aspects in religious and customary communities, an ethnographic method was utilized. The research reveals both similarities and differences in how Islamic, Catholic, and local customary laws view suicide. All three perspectives condemn suicide as an act that contradicts life and violates their respective legal and moral codes. Although local cultural practices and the religious traditions in Manggarai—including both Christianity and Islam—generally disapprove of suicide, community responses to it vary. Religious approaches tend to be legalistic, individualistic, and moralistic, whereas Manggarai customary law emphasizes a communal, solution-oriented, and harmonious approach. This study contributes to the understanding of interfaith and intercultural perspectives as essential in addressing social issues, including suicide.
Islamic Mass Organizations Figures’ Views on Ulī al-amr: Implications for Indonesian Democracy and Compliance with The Government Busyro, Busyro; Imran, Maizul; Zainuddin, Zainuddin; Asmara, Musda; Ismail, Ismail
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
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.v20i2.16803

Abstract

Diverse views among Indonesian Islamic mass organizations’ figures over the existence of the Republic of Indonesia and obedience issue to the government became a topic of discussion, particularly when the government’s decision about religious issues differs from that of organization. This study aimed to find out in depth about views on ulī al-amr among figures from some Indonesian Islamic mass organizations and the issue of obedience to it within a democratic state system. This research is descriptive qualitative, using focused interviews in data collection. It is inductive in nature, which aims at developing process-oriented theories or values and data. The findings of the research showed that the representative figures recognize the Indonesian government as ulī al-amr, including ahlu al-bayt Indonesia, who prefer not to use the term because it is related to the requirement of chastity (‘ismah). This recognition implied an obligation to obey the Indonesian government, even though it is run by a democratic system, not Islam. As for matters related to specific religious regulations, such as determining the beginning of Ramadan, Shawwal, etc., differences from the government are not deemed as deviating from ulī al-amr, considering the democratic nature of the state, in which it provides opportunities to be diverse and recognizes those differences.

Page 38 of 39 | Total Record : 386

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