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Erie Hariyanto
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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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Dynamics of Post-Divorce Family Resilience: A Phenomenological Study of Ex-Wives within Ḥabā’ib’s Community Muhammad Sungaidi; Abdul Aziz; Andi Ridwan; Davik Ihsan Purnama; Ikhwan Ansori
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.v21i1.20421

Abstract

Divorce within tight-knit socio-religious structures, such as the ḥabā’ib community, often places women in a vulnerable yet unique position. This vulnerability is manifested through both economic and social challenges, driven by prevailing cultural stigmas and restricted access to essential resources. This study aims to analyze the impact of divorce on women's socio-economic resilience and evaluate the effectiveness of ḥabā’ib widow's home facilities in supporting them after divorce. Employing a qualitative method with a purposive sampling-based case study approach, this study involved seven informants, consisting of six divorced women within the ḥabā’ib community and a facility administrator. Data were gathered through in-depth interviews focusing on post-divorce alimony protection and resource accessibility. The informants were selected based on specific criteria: having experienced divorce within the last five years and having utilized the community-provided housing facilities, ensuring an in-depth exploration of their socio-economic resilience. The results show that although widow ḥabā’ib homes provide benefits in the form of housing and social support, economic challenges remain major obstacles, including limited access to jobs, business capital, and skills training. Therefore, a more comprehensive empowerment strategy is needed, including access to skills training, sharia-based business capital, and more inclusive social protection policies. The implications of this study emphasize the importance of collaboration between the government, communities, and the private sector in creating sustainable empowerment programs to improve women's welfare and independence after divorce.
Chitasil Edible Coating and Price Stability of Agricultural Commodities: An Islamic Economic Law Perspective Nur Mifchan Solichin; Diah Nuraini; Aang Asari; Sukron Ma’mun
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.v21i1.20599

Abstract

Agricultural commodity price instability in perishable markets is commonly explained as a supply–demand imbalance, yet such an interpretation overlooks the structural role of time constraints in market exchange. This study examines how post-harvest technology functions not only as a productivity tool but as an economic governance mechanism within the framework of Islamic economic law. Using an empirical legal method combined with juridical–sociological analysis, field interviews were conducted with horticultural farmers in Ngablak, Magelang, and interpreted through maqāṣid asy-syarī’ah and qawā‘id fiqhiyyah. The findings show that price volatility originates from forced-sale conditions caused by limited shelf life, where farmers sell under biological time pressure rather than economic choice. The application of Chitasil edible coating extends shelf life, enabling intertemporal selling and reducing the Price Stability Index from 1.37 (indicating high volatility) to approximately 0.6 (indicating moderate fluctuation). The mechanism stabilizes prices not by controlling prices directly but by redistributing temporal risk in market transactions. From the perspective of Islamic economic law, the technology eliminates the cause of value depreciation (raf’ aḍ-ḍarar), protects economic value (ḥifẓ al-māl), and restores proportional risk–benefit relations (al-gunmu bi al-gurmi). Furthermore, the technology functions as an institutional instrument of distributive justice by equalizing bargaining capacity without regulatory price intervention. This study concludes that post-harvest technology operates as a maqāṣid-based economic governance mechanism: justice is achieved through structural market design rather than contractual restriction. The contribution lies in repositioning agricultural technology from a production tool into a normative instrument of distributive justice within Islamic economic law.
Child Marriage in Indonesia: How Communities Navigate Marriage Practices within Islamic, Adat, and State Norms Lena Hanifah; Tavinayati; Varinia Pura Damaiyanti; Nor Ismah
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.v21i1.21163

Abstract

This qualitative study, based on interviews and focus group discussions, examines how communities in South Kalimantan address child marriage within a plural legal framework. It addresses two central questions: how communities in South Kalimantan negotiate child marriage within the context of legal pluralism, and how the concept of marital readiness is constructed and understood within the legal consciousness of families, religious leaders, and community members. Using Participatory Qualitative Research, the study was conducted in two villages with distinct social characteristics: Cukan Lipai in Hulu Sungai Tengah Regency and Berangas Timur in Barito Kuala Regency. The findings reveal that communities in both villages prioritize customary norms and religious teachings, particularly Islamic law, over state law when determining the appropriate age and readiness for marriage. In many cases, religious reasoning and biological signs of maturity are used to justify child marriage, aligning with some classical fiqh interpretations that link marital eligibility to puberty. Meanwhile, formal legal provisions such as Law Number 16 of 2019 on Marriage and its dispensation mechanism are often viewed merely as administrative formalities that can be negotiated or bypassed through practices like unregistered marriages (kawin siri), which are considered religiously valid. Within this context, communities construct and obey their own norms. Therefore, efforts should bring together state law, Islamic principles, and local customary practices to narrow the gap between legal systems and how communities actually live and make decisions.
Ḥukm Idnā' al-Jilbāb: Dirasah an-Niẓām al-Ijtimā'ī fī Naẓor Naqdi al-Ḥadīth wa Āyāt al-Aḥkām Choliliyah Thoha; Imamul Arifin; Dianidza Arodha; Meriyati; Sukataman
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.v21i1.22342

Abstract

This study examines the concept of lowering the jilbab in Islamic jurisprudence (fiqh) through an integrative approach that combines a textual study of the Qur’an and the Prophetic Hadith with a socio-religious analysis of contemporary practice. The study takes as its starting point the Qur’anic verse in Sūrah al-Ahzāb (59) as the legislative basis for the command to let the jilbāb hang down, then focuses on the relevant hadith, tracing its transmission, examining its chain of transmission, and comparing it with the accounts found in the exegesis. It provides a practical description of how the women of the Ansar complied with the command to let the jilbab hang down, as recorded in the reasons for revelation. The research adopts a qualitative methodology by combining desk-based and field research, analysing the views of exegetes and jurists on the meaning of the jilbab and ‘idna’, and conducting field observations and in-depth interviews with Muslim women from diverse social and educational backgrounds. The findings reveal that the motivations for wearing the long jilbab vary, including religious commitment, the construction of social identity, the influence of fashion and social media, and family and cultural factors. The research also highlights a significant jurisprudential difference regarding the issue of face covering, whereby ‘idna’ is not understood as an absolute obligation to cover the face but is linked to the objectives of Sharia, such as covering the ‘awrah’, preventing fitnah, and preserving dignity.
Piil Pesenggiri; Local Living Law between Enforcing and Diminishing Fiqh al-munākaḥāt Wahyu Abdul Jafar; Abdel Salam Atwa Ali Al Fandi; Muntaser Ahmad Alqudah; Fauzan; Ahmad Alsharu
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.v21i1.23823

Abstract

This study aims to analyze how a local living law intervenes with fiqh al-munākaḥāt while turning it into a living practice, either in enforcing or diminishing the ideal concept of the latter. Piil Pesenggiri, a form of local wisdom within the Lampung community, shapes and structures how local Muslim practice their religion in term of wedding and marriage. However, its position aligning with fiqh al-munākaḥāt in solving the daily family problem of local Muslim was not clear enough. This study employs a socio-legal approach using qualitative methods. Data were collected through fieldwork, in-depth interviews with purposively selected informants, customary leaders, religious figures, and married couples across Central Lampung, South Lampung, and Pringsewu. The data were analyzed using the living law framework, specifically how Piil Pesenggiri as a normative ‘inner order’ negotiates with formal fiqh doctrines, which reconstruct the daily practice of Islamic family law. The results show that when it comes to planning weddings and leading a married life, Piil Pesenggiri either upholds or downplays Islamic rule. The way Lampung people implement Islamic law in their families—from the idea of qiwāmah, or family division of labour, to family conflict resolution, to a number of wedding provisions—makes this negotiation very clear.
Al-Ta’bîr al-Siyâsî lî al-Muslîmîn al-Shînîyîn bî Jember fî Mandzûri fiqh al-Siyasah: Aghlabiyah Dîniyah wa Aqalliyah ‘Arâqiyah : Moh. Syaeful Bahar; Dodik Harnadi; Ahmad Khubby Ali Rohmad
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.
The Role of Sarak Opat in Preventing Prostitution: An Islamic Criminal Law Perspective Ahyar Gayo; Azhari Yahya; Diana Yusyanti; Evi Djuniarti; Muhammad Habibi MZ
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.v21i1.13782

Abstract

Prostitution in Central Aceh, despite the implementation of Qanun Jinayat as Islamic criminal law, reflects ongoing challenges in the effectiveness of Islamic law enforcement within local communities. This study examines the role of Sarak Opat, a traditional customary institution in Aceh, in preventing prostitution and strengthening the enforcement of Islamic criminal law. Using an empirical legal research method with a case-study approach in Central Aceh, data were collected through field observations, structured interviews with Sarak Opat members, community leaders, and law enforcement officers, as well as literature analysis. The study finds that Sarak Opat plays a significant role in preventing prostitution through strengthening the “Golden Triangle” relationship among customary leaders, government authorities, and religious leaders; conducting moral and religious socialization; providing public education regarding the dangers of moral deviance; supervising lodging businesses; and supporting the enforcement of sanctions against proven violations. The findings demonstrate that the revitalization of customary institutions contributes positively to the implementation of Islamic criminal law while simultaneously reinforcing social order and local wisdom values. This study contributes to the development of Islamic legal scholarship by offering an integrative model among adat law, Islamic law, and national law in addressing moral crimes within Indonesia’s plural legal system.
Evaluating Halal Certification Assessment on Madurese Tourism Destination Shofiyun Nahidloh; 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? Abdul Basith Junaidy; Rusli Rusli; Ahwan Fanani
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.

Page 40 of 41 | Total Record : 410

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