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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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Suicide in Manggarai, Eastern Indonesia: Comparative Perspectives from Islamic, Catholic, and Indigenous Law Fransiska Widyawati; Sumanto Al Qurtuby
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; Maizul Imran; Zainuddin Zainuddin; Musda Asmara; 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.
Sidikare as Kinship-Based Dispute Resolution of Sasak Muslim within the National and Islamic Law Framework ⁠Nisfawati Laili Jalilah; Baiq Ratna Mulhimmah; ⁠Syukri; ⁠Parida Angriani
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 Islamul Haq; Resi Resi; Muhammad Suaib Tahir; 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 Nur Fadhilah; Nuril Hidayati; Siti Aisyah; 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.
Considering the Principles of Patrilineal Inheritance between Religions: Negotiations of Islamic and Customary Law Sri Wahyuni; 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; Raditya Sukmana; Tatang Astarudin; Rodame Monitorir Napitupulu
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.
Vasectomy Beyond the Taboo: A Cross-Disciplinary Analysis of Biology, Law, and Religion in Indonesia Ummi Bariroh; Wahyu Nisawati Mafrukha; Syifara Chika; Anjani Putri Retnaninggalih; Elva Angie Calista
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.v21i1.24201

Abstract

Although vasectomy has been clinically proven to be safer and 30 times more effective than female sterilization, its prevalence among Indonesian Muslim men remains very low due to social stigma, religious ambiguity, and the gender-biased burden of contraception. This urgency prompted the present study to examine the reasons why Indonesian Muslim men choose vasectomy and how they overcome sociocultural barriers, focusing on four men from West Java, Jakarta, Bangka Belitung, and East Java. This study employed a descriptive qualitative method with a phenomenological approach to understand the personal experiences of men who underwent vasectomy. Data were collected through in-depth semi-structured interviews, then analyzed to uncover the meanings of their experiences, along with the practical and spiritual reasons behind their decisions. The findings reveal three main driving factors beyond vasectomy decision: maintaining family economic stability, ensuring children's psychosocial well-being, and protecting the wife's health from medical risks. Legally, a vasectomy aligns with constitutional rights and Ministry of Health Regulation No. 2 of 2025 on reproductive rights. Despite facing social stigma and gender pressures, the participants regarded vasectomy as a moral and responsible choice. The study further concludes that vasectomy can be understood as a form of maṣlaḥah within the framework of asy-Syāṭibī's maqāṣid asy-syarī’ah, as it aligns with the objectives of protecting life (ḥifẓ an-nafs), lineage (ḥifẓ an-nasl), and wealth (ḥifẓ al-māl). In this context, vasectomy is not merely a medical procedure; it is equally a moral, social, and spiritual act of male responsibility that supports gender equity in family planning.
Reconstructing Employment Access for Persons with Disabilities: Maqāṣid asy-syarī’ah-Based Dialectic of Regulation and Policy Implementation Himawan Estu Bagijo; FX Sri Sadewo; Budi Raharjo; Nunuq Nuswardhani; Abd. Munib
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.v21i1.24370

Abstract

Although Law Number 8 of 2016 has been enacted as a guarantee of employment rights for persons with disabilities, there are indications of problems in the field. In East Java Province, persons with disabilities still experience limited access to formal employment. In fact, any progressive regulation, if not balanced with practice, will widen inequality. As a consequence, the cycle of poverty will continue among persons with disabilities. This study aims to analyze the dialectic between disability employment regulations and their implementation which is reconstructed with a policy approach from the perspective of uṣūl al-fiqh and maqāṣid asy-syarī’ah. This study combines quantitative and qualitative data, focusing on four districts in East Java Province. The findings in this study are two. First, the implementation of affirmative employment policies is still constrained by weak supervision, corporate resistance, and the dominance of economic considerations. Second, institutional mechanisms, especially the Disability Service Unit (ULD), have not functioned optimally due to limited capacity and a lack of cross-sector integration. Although normatively the policy has been in line with the principles of ḥifẓ an-nafs, ḥifẓ al-māl, and al-'adl, its implementation has not reached the optimal level of maṣlaḥah. This research contributes by integrating institutional analysis and the perspective of maqāṣid asy-syarī’ah to encourage an inclusive and equitable employment system for persons with disabilities.

Page 41 of 41 | Total Record : 410

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