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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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Sidikare as Kinship-Based Dispute Resolution of Sasak Muslim within the National and Islamic Law Framework Jalilah, ⁠Nisfawati Laili; Mulhimmah, Baiq Ratna; ⁠Syukri; Angriani, ⁠Parida
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.v20i2.17220

Abstract

The existence of Sidikare as a dispute resolution mechanism within the Sasak Muslim community in Lombok offers a more efficient, affordable, and culturally appropriate alternative to formal litigation. Emphasizing kinship-based mediation and communal dialogue, Sidikare reflects local values while avoiding unnecessary external intervention. This research aims to 1. examine Sidikare as a kinship-based dispute resolution mechanism practiced within the Sasak Muslim community while identifying it in the context of Indonesia’s national legal system, 2. analyze how Sidikare functions as an effective alternative to formal legal mechanisms in resolving family-related conflicts, 3. explore the alignment between Sidikare and Islamic legal principles (ṣulḥ, ‘urf, maṣlaḥah). It employs a normative and sociological legal approach with an empirical juridical methodology. Data were collected through non-participatory observation, unstructured interviews, and documentation in the village of Binneneman Mantang, Central Lombok. The findings reveal that Sidikare is not only effective in addressing communal conflicts but is also perceived by locals as embodying Islamic moral and ethical values, despite its non-formal status. While its legal power remains weak under national customary law politics, Sidikare fulfills the legal needs of the community by offering swift, harmonious, and non-adversarial dispute resolution. The study concludes by recommending the formal recognition and preservation of Sidikare as a complementary Islamic-local institution within Indonesia's plural legal landscape, especially amid modern legal demands.
Legal Harmony: Integration of Customary, National, and Islamic Criminal Law in the Toraja Ma’rambu Langi Haq, Islamul; Resi, Resi; Tahir, Muhammad Suaib; Qurrah A’yuniyyah; Muh. Akram J Said
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.v20i2.17680

Abstract

This research explores the integration of customary law, national law, and Islamic criminal law through a case study of ma’rambu langi in the Toraja community by firstly examining its effectiveness. Ma’rambu langi is a form of customary sanction imposed for severe moral violations, such as adultery and other breaches of local traditions. This sanction aims not merely to punish, but to restore social harmony through symbolic and public acts of moral responsibility. The offender is required to confess the wrongdoing and seek reconciliation with the community. The research adopts a qualitative method using semi-structured interviews with traditional leaders, community members, and legal practitioners, along with document analysis that includes customary case archives, court decisions, and relevant academic literature. The findings reveal that ma’rambu langi plays a significant role in maintaining social order, preventing the recurrence of offenses, and reinforcing the authority of customary law. Moreover, the study indicates that elements of this customary practice resonate with values in both national and Islamic criminal law, particularly in emphasizing restorative justice and communal integrity. The research contributes to ongoing discussions on legal pluralism in Indonesia, suggesting that harmonizing customary, national, and religious legal systems can enrich the development of a more inclusive, context-sensitive, and sustainable legal framework. It also emphasizes the importance of recognizing local wisdom in addressing moral and social issues while ensuring compatibility with broader legal principles and human rights norms.
Reevaluating Nafkah Obligations: Female Muslim Scholars’ Insight and Ethics of Gendered Finance in Indonesian Families Fadhilah, Nur; Hidayati, Nuril; Aisyah, Siti; Nurmahmudah, Nurmahmudah
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.v20i2.18461

Abstract

This study investigates how the Islamic legal obligation of nafkah, or spousal financial support, is reinterpreted in Muslim families in Indonesia through the lens of maqāṣid al-usrah. It aims to explore how gender dynamics, legal consciousness, and economic realities reshape the meaning and practice of nafkah beyond traditional legal prescriptions. Employing a qualitative socio-legal method, the research integrates doctrinal analysis with empirical insights drawn from in-depth interviews with seven female Muslim scholars from pesantren-based and higher education academic communities in East Java. Thematic analysis based on the principles of maqāṣid al-usrah reveals that while formal Islamic law defines nafkah as a unilateral male duty, lived experiences reflect a more collaborative and ethically responsive understanding. Informants demonstrate that financial responsibilities are frequently negotiated based on capability, mutual trust, and emotional stability, embodying values such as justice, compassion, and shared responsibility. The study further highlights how socio-cultural norms and internal religious reasoning influence women’s choices to either uphold or pragmatically reinterpret nafkah obligations. These findings underscore the relevance of maqāṣid-based approaches in bridging doctrinal ideals with everyday realities, offering a pathway for reforming Islamic family law toward greater gender equity and contextual sensitivity.
sebuah Wahyuni, Sri; I Gede Suwindia; Rahmatullah; Syaiful Bahri; Siti Musawwamah
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.v20i2.18542

Abstract

This study examines the dynamics of patrilineal inheritance principles in Balinese and Sasak Lombok societies through a sociological-historical approach. In particular, it explores the influence of Balinese customary law into the Sasak inheritance system and its implications for women's rights from a comparative legal perspective. Using qualitative methods through field observation and in-depth interviews, the study revealed that both systems prioritized male heirs. However, there is a fundamental difference: Balinese inheritance is closely related to the Hindu system of worship (Brahmasthana), while Sasak inheritance acts as customary law that is currently contested by Islamic inheritance principles (fiqh al-mawārīṡ). The findings suggest that although Balinese influences remain visible in the Sasak cultural structure due to historical ties to the Kingdoms of Gelgel and Karangasem, increased legal awareness among Sasak Muslim women has triggered a shift. Unlike in Bali, where inheritance is religiously binding, Sasak people increasingly negotiate the teaching by giving women a specific portion of the inheritance. This study argues that the practice of Sasak inheritance represents a dialectical space in which 'urf (custom) and sharia are in constant negotiation.
Women Judging Women: Gender Sensitivity in the Decisions of Divorce Cases of Indonesian Religious Courts Asni, Asni; Muhammad Iqbal
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.v20i2.18999

Abstract

This article examines patterns of gender sensitivity in divorce rulings issued by female judges in Indonesian Religious Courts and analyzes the factors shaping their judicial reasoning. Using an empirical legal research design, the study combines document analysis of selected divorce decisions with in-depth interviews of female judges in several Religious Courts across Sulawesi. Guided by Alimatul Qibtiyah’s framework of gender sensitivity, the findings identify two dominant patterns: moderate and progressive. The moderate pattern is reflected in judicial reasoning that balances religious norms with social realities, emphasizing maṣlaḥah, harm prevention, and the psychological welfare of women and children within existing legal frameworks. The progressive pattern is evident in decisions that explicitly recognize domestic violence, economic neglect, and psychological abuse, and actively enforce women’s post-divorce rights, including nafkah ‘iddah, mut’ah, past maintenance, and child support, even in wife-initiated divorce cases. These patterns are influenced by factors such as gender-based empathy, professional experience, judicial training, and the implementation of Supreme Court regulations on gender-sensitive adjudication. This study highlights the role of female judges in advancing substantive justice in Islamic family law and underscores the importance of strengthening institutional support to ensure consistent protection of women’s rights in Religious Courts.
Redesigning Healthcare Waqf: Key Characteristics and Strategic Models for Indonesia Using the Delphi–Likert Approach Sulistyowati, Sulistyowati; Ascarya, Ascarya; Sukmana, Raditya; Astarudin, Tatang; Napitupulu, Rodame Monitorir
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.v20i2.21377

Abstract

This study explores the essential characteristics of healthcare waqf and proposes context-appropriate models for implementation in Indonesia. Employing the Delphi method alongside a Likert scale, expert consensus validated 23 out of 31 proposed characteristics, with significant agreement indicated by Kendall’s W. The identified healthcare waqf types include clinics, general hospitals, children’s hospitals, and specialist hospitals. These institutions can be financed through a blend of Islamic social and commercial finance and managed by a subsidiary, third party, or nāẓir (waqf manager). Based on these characteristics, four models are proposed: social, simple productive, innovative productive, and integrated social-productive healthcare waqf models. These models aim to provide accessible healthcare services for both underserved populations and the general public. While designed for Indonesia, the study’s methodological approach and conceptual framework can be adapted for application in other contexts. This research offers a novel foundation for developing effective, sustainable healthcare waqf initiatives.

Page 39 of 39 | Total Record : 386

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