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Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Published by Universitas 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 410 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.
Boplang as ‘Urf in Islamic Law: Exploring the Transformation of Ritual Practices into Building Regulations Sarip Sarip; Axesa Haraja Saputra; Gumiwang Tri Anugrah Tien Tono Putri; Sri Maryati
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 21 No. 1 (2026)
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.v21i1.12900

Abstract

The existence of customary law in the process of building a house's foundation, particularly the boplang tradition in Cirebon, is still very strong. Yet, modern society greatly desires simplicity and practicality, relying solely on positive law. Therefore, this article explores how Islamic law support and challenge boplang as a form of ‘urf in Cirebon, assess the societal and legal status within the local community and National law. Using an anthropological approach to law and framed within Islamic legal theory, especially the concept of ‘urf (custom), this study applies a qualitative method based on in-depth interviews with community leaders, cultural practitioners, and village officials. The study aims to identify and articulate the normative values embedded in boplang as a dynamic and living legal tradition. Findings indicate a persistent reliance on myth and oral tradition within the local community, which, although constitutionally protected, remains undocumented—thereby weakening its application of positive law from neighboring jurisdictions perceived as more authoritative. The study concludes that rationalizing boplang through systematic documentation and interpretation grounded in Islamic legal norms can strengthen its legitimacy law is often regarded as more flexible, adaptive, and context-sensitive compared to the rigid nature of formal positive law.
Dog Components in Vaccines; Jurisprudential Verses, Ḥādīṡ and ‘Ulamā’ Distinctive Perspective Ali Imron; Anif Yuni Muallifah; Ahmed Zaranggi Ar Ridho; Muhammad Zaelani; Firdarini
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 21 No. 1 (2026)
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.v21i1.17926

Abstract

This study aims to explore the perspectives of Yogyakarta scholars on vaccines produced using MDCK (Madin-Darby Canine Kidney) cells derived from dog kidneys. MDCK raises concerns among Muslims regarding its ḥalāl status, as dogs are considered impure (najis) in Islamic law. Through in-depth interviews with five key informants from MUI, LPH, LBM PWNU, and UIN Sunan Kalijaga, this study examines their views based on the al-Qur’ān, Ḥādīṡ, and juristic opinions. The findings reveal diverse positions. One informant emphasizes regulatory barriers rooted in the Shafi'i school, which requires istiḥālah (perfect transformation) and rejects foreign ḥalāl certificates. Other informants invoke talfīq (eclecticism) by shifting to the Maliki or Hanafi schools, which consider dogs not impure. They also highlight the concept of mujāwir (process accompaniments), arguing that MDCK cells are effectively removed through purification, and that even in the Shafi'i school, impurity invisible to the naked eye is forgivable (ma‘fuwwun ‘anhu). Clinical analogies, such as Enoxaparin, further support conditional permissibility. The majority accept MDCK-based vaccines when no ḥalāl alternatives exist, purification ensures no cellular traces remain, and public health necessity (ḍarūrah) justifies their use under ḥifẓ an-nafs (preservation of life). This study has limitations, namely that it only covers scholars from Yogyakarta and focuses only on MDCK cells. Further research is needed for other regions and for other impure (najis) materials besides MDCK.
Integration of Customary Law and Islamic Law in Makassaarsche Chrestomathie Manuscript Nur Fadhilah Mappaselleng; Abd Kadir Ahmad; Sitti Arafah; Abd. Karim; Zul Khaidir Kadir
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 21 No. 1 (2026)
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.v21i1.18443

Abstract

In the Makassar community, some of the customary legal norms are preserved in the Makassaarsche Chrestomathie, a manuscript compiled by B.F. Matthes in 1860. This article aims to explore how the Makassaarsche Chrestomathie manuscript addresses cases of homicide, adultery, and inheritance, and how the formulations and substantive contents of those customary legal norms are integrated with Islamic law. This study adopts a philological approach, employing interviews and document analysis as data collection methods. Content analysis and qualitative analysis are used to interpret the findings. The study reveals that: First, the manuscript outlines specific customary legal concepts, including puli (retaliatory killing) and sapu (paying compensation) related to homicide, sikatinroang (sleeping together) in the context of adultery, and tawa rua (men and women have an equal share) regarding inheritance. Second, there are both substantive and normative integration between customary law and Islamic law, although each retains its own distinctive features and conceptual uniqueness. Concepts puli and sapu indicate parallel Islamic qiṣāṣ and diyah concepts. Sikatinroang has the same meaning as adultery or zinā in Islamic law. However, there are differences between customary law in inheritance distribution, which recognizes equal status between men and women, while Islam recognizes the concept of proportion.
The Nexus of Religion, Ethnicity, and Money: Understanding Political Violence Against Women in Eastern Indonesia Kurniawati Hastuti Dewi; Fransiska Widyawati; Ade Latifa; Ari Purwanto Sarwo Prasojo; Nur Iman Subono
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 21 No. 1 (2026)
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.v21i1.20065

Abstract

The 2024 General Elections in Indonesia were marked by significant cases of Violence Against Women in Politics (VAWP), including in Eastern Indonesia. This study aims to present the Islamic Law and Christian Perspective as the dominant faiths in Eastern Indonesia, on women’s involvement in politics. It also explores how, in the context of the 2024 elections, religious identity, ethnicity, money, and non-indigenous sentiment have been weaponized to perpetuate VAWP in Eastern Indonesia. This is qualitative research, based on in-depth interviews with female politicians in Eastern Indonesia, particularly in East Nusa Tenggara and West Papua. This study reveals that both Islamic Law and Christian perspectives allow women to participate in politics in the region. However, female candidates in East Nusa Tenggara encountered psychological violence (where their religious affiliations and ethnic backgrounds were frequently weaponized against them) and economic violence (manifested through voters’ high demands for material inducements in exchange for electoral support). More interestingly, Muslim women candidates in predominantly Christian regions in West Papua were subjected to psychological violence linked to their religious identity and perceptions of being non-indigenous women. This study concludes that VAWP in Eastern Indonesia is highly complex, as the interplay of religious diversity, ethnic identities, money and issues concerning non-indigenous sentiment intensifies its manifestations. These dynamics leave women politicians particularly vulnerable, especially in the absence of sufficient protective mechanisms. This study suggests the need for comprehensive legislation to address violence against women in politics (VAWP) at both national and local levels.

Page 39 of 41 | Total Record : 410

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