AL-IHKAM: Jurnal Hukum & Pranata Sosial

Journal Information
ISSN / EISSN : 1907-591X / 2442-3084
Published by: Institut Agama Islam Negeri Madura (10.19105)
Total articles ≅ 391
Current Coverage
Archived in

Latest articles in this journal

Muhammad Taufiki, Rokani Darsyah, Mahmud Ridha
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 165-188;

All sharia economic court decisions in Indonesia are supposed to include sharia principles as the basis for adjudicating the case. Therefore, the judges must be able to understand the legal norms of sharia economics. This study aimed to explore how fundamentalistic maxims (al-qawāʿid al-uṣūliyyah) and jurisprudential maxims (al-qawāʿid al-fiqhiyyah) as parts of sharia economic legal norms or sharia principles were used by judges as legal argumentation in court decisions. We analyzed 384 court decisions categorized as sharia economic cases on the Indonesian Supreme Court website from April 20, 2016, to April 20, 2020, and set them as a universe of cases. Each decision that contained the maxim (qāʿidah) in its legal consideration was selected as relevant case sample and was then analyzed to find how the maxim was used as legal argumentation to respond to a petition and/or demurrer. Then, we found 15 legal maxims from 28 legal argumentations of 14 decisions (3.65% of the universe of cases). In general, the use of those maxims as legal argumentation has already conformed to their conventional usage with a few notes related to specific legal findings (rechtsvinding) in sharia economic cases.
Siti Nurjanah, Agus Hermanto, Lutfiana Dwi Mayasari, Nety Hermawati
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 189-215;

Man is a leader of the household, while the wife serves as the household manager. Generally, this paradigm is embedded in our society because men are always put as the main guard at the front while wives are always set in the limited area. Contextually, the problem is in the role of women which is no longer solely in the domestic sphere. Most of them also have a role outside the home to help husbands earn a living. The purpose of this study is to obtain a reconstruction of reciprocal fiqh (mubâdalah fiqh) principle in terms of rights and obligations of both husband and wife. This research is a literature review with a qualitative type using the reciprocal (mubâdalah) approach. The results of this study show that partners in realizing justice in the household, according to the mubadalah approach, are required to make mutual help through working together, such as mutual consultation, mutual democracy and mutual taking and giving in building harmonious relationship. الرجل هو رب الأسرة والزوجة ربة المنزل. هذا النموذج جزء لا يتجزأ من مجتمعنا بشكل عام، لأن الرجل هو الحارس الرئيسي وكان دائمًا في المقدمة بينما تكون الزوجات دائمًا في المنطقة المحدودة. وتكون المشكلة في أن دور المرأة لم يعد في المجال المنزلي فقط، بل معظمهن أيضًا لهن دور خارجَ المنزل لمساعدة الأزواج في كسب لقمة العيش. والسؤال كيف تتم حقوق وواجبات الزوج والزوجة في هذا السياق؟ الغرض من هذه الدراسة هو إعادة بناء الحقوق والالتزامات الجديدة التي تعكس مبادئ فقه المبادلة من حيث حقوق والتزامات الزوج والزوجة. هذا البحث عبارة عن مراجعة أدبية، ونوعي بمنهج التبادل (المبادلة). نتائج هذه الدراسة أن الشركة بين الرجل والمرأة في تحقيق العدالة في الأسرة يجب أن تكون مساعدة متبادلة في العمل معا مثل التشاور، والديمقراطية، والإحسان لبعضهم البعض في المعاملة
Supriyadi Supriyadi, Siti Suriyati
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 273-298;

This study aims to explore the judges' legal culture in the Kudus Religious Courts in dealing with the high number of applications for marriage dispensation during the Covid-19 pandemic. Making a decision on a case becomes problematic for judges because they have to make it on their personal considerations. This research was analyzed qualitatively using a constructivism paradigm with a socio-legal research approach based on primary data by interviewing 2 (two) judges, 3 (three) advocates, and 3 (three) applicants for a marriage dispensation. Moreover, it also employed secondary data, including the marriage law, marriage regulation and its implementation, relevant literature, and academic journals. The research findings are: First, the high number was caused by Kudus people’s perception of the minimum legal age of marriage which is based on customary belief, which is maturity in social life, rather than legal regulation which is numerical age. Second, in making a decision about the case, the judges make considerations based on legal facts in the trial court and the values of justice living in the society while paying attention to the Supreme Court rules. Third, the legal culture of judges in deciding the application is making dialogue with some fellow judges while advising applicants to revoke their application.
Riyanta, Imam Muhsin, Fathorrahman Fathur, Saptoni
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 136-164;

This research explains the dynamic of worship in Bantul, Yogyakarta, as well as Nahdlatul Ulama (NU) members’ responses toward the fatwa of the Indonesian Council of Ulama (MUI) on the worship during the Covid-19 pandemic. MUI’s fatwa rose different responses ranging from obedience, resistance and ignorance. We argue that these differences stem from different characteristics of religiosity. Looking closely at this, this research studies the map of responses of NU people by focusing on the questions: (1) How was dynamic of worship during the pandemic in Bantul? (2) How did Bantul people respond to the MUI’s fatwa? (3) What factors formed the differences in their responses? The data are collected through interviews with seven informants, observation, and focused-group discussions. Through sociological analysis referring to obedience and disobedience theory, we found that the unprecedented dynamic was found in the worship during the pandemic, such as at Pleret, in the case of several Friday prayer spots in one single village. Meanwhile, the NU members’ responses to the fatwa into two patterns: reception and resistance. The forms of reception are (1) accommodation by observing all advice described in the fatwa and (2) contextualization by adjusting the advice in the fatwa to suit the local needs. It came from the structural influence of the organization of NU and people literacy. Meanwhile, the forms of resistance are (1) reactive-declarative refusal and (2) passive-permissive refusal. These patterns are influenced by a religiously fatalistic perspective and by the figures’ reluctance to prohibit people from carrying out worship normally as before the pandemic.
Muhammad Ikhlas Rosele, Abdul Muneem, Noor Naemah Binti Abdul Rahman, Abdul Karim Ali
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 242-272;

The development of technology and innovation has a significant influence on the current financial markets. Introducing new business models and transferring from traditional markets to the digital markets through those technologies are some ways of digital transformation. Zakat system has been a great part of Islamic economics and the financial system which has to embrace digitalization to be compatible with the current digital era. This research aims to address the current status of digitalization about the zakat management system in Malaysia and to explore the necessary improvement in embracing the digitalization by the zakat institutions. The research adopts a qualitative research approach where it collects the data from various sources such as books, journals, conference papers, and other relevant websites. To analyze the data, the research employs a descriptive and exploratory research technique. This study finds that despite having websites by the zakat institutions in Malaysia, the zakat system has a lack of data set of aṣnāf and proper data for the collected and distributed funds. Digital transformation is needed to observe the check and balance of the zakat funds’ collection and distribution. In addition, human development through zakat funds needs to embrace more development through digitalization. Moreover, the zakat institutions are encouraged to advance their readiness and understanding of technologies and innovation to embrace digital assets and their zakat-ability.
Mizaj Iskandar, Azhari Yahya, Abdul Jalil Salam, Junaidi
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 216-241;

The implementation of caning law in Aceh Province is still sporadic due to a lack of coordination among the government institutions involved in caning law. Then, the prison infrastructure to impose the canning law is also not ade-quate, and socialization has also not been fully carried out. Besides, in deter-mining the location of the caning, Islamic law requires the fulfillment of two principles namely “open space” and “visible” to the public. Furthermore, the law that guides the implementation of sharia in Aceh does not regulate detail of where the caning can be executed. Hence, the issues that need to be scruti-nized in this study are about shifting the norm from “open space" to “prison space” and why there is a disparity in determining the place of caning sentenc-es. This study uses a normative legal method by relying on secondary data. All collected data were analyzed by using qualitative analysis. The results show that there has been a shifting norm from "open space" to “prison space” in the application of the caning sentences in Aceh. This shift starts from the open area in the courtyard of the mosque to the prison area as a place to execute a caning sentence. This shifting also allows the people who meet certain criteria to wit-ness the execution of a caning sentence. In addition, there is also a disparity among the sharia courts due to the lack of facilities available in certain the sha-ria courts in Aceh. Hence, the Aceh government needs to improve the facilities of the sharia courts to be able to execute caning sentences.
Mursyid Djawas, Hedhri Nadhiran, Sri Astuti A. Samad, Zahrul Mubarrak, Muhammad Abrar Azizi
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 299-324;

Indonesia still experiences the increasing of divorce rates. To address this issue, the government through the Ministry of Religious Affairs has carried out several strategic programs, including Bimbingan Perkawinan (Marriage Guidance). The study of this paper examines the influence of the program on family resilience in the provinces of Aceh and South Sumatra. It used the normative approach in sociological studies. Data were collected by means of interviews, document studies, and questionnaires. The results of the study by referring to the questionnaire and interview show that the program in Aceh and South Sumatra has been running well. However, it has not been able to create family resilience and the divorce rate still keeps increasing. It is expected that post-marriage counseling should also be conducted so that married couples can establish family resilience as aspired within the community and country.
Nur Quma Laila, Irwan Abdullah
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 28-59;

Yogyakarta, despite being declared as the city of tolerance, shows religious discrimination manifested in religious spatial segregation. Discrimination is contrary to divine norms that protect the rights of each party in mu’amalah. The objective of this study is to explain that religious spatial segregation reflects intolerance in the urban community of Yogyakarta. This study relies on data collection through a qualitative approach which includes observation, interviews, and literature review with descriptive analysis considering fiqh muamalah principles on the interfaith relationships. The results suggest that religious spatial segregation may lead to the emergence of intolerant and discriminative acts in the forms of; (1) the presence of housing associated with a certain religious identity as a manifestation of identity labeling in social recruitment (exclusivism); (2) the practice of land trading (property right) only with people from the same faith; and (3) segregation in social acceptance (social exclusion) as seen in boarding houses with a certain religious label. This study concludes that religious spatial segregation has shallowed the relations between community groups and thus raising the potential of discriminative and intolerant acts in the urban area of Yogyakarta. This study suggests that there is a need for a policy to regulate space as a common one, hence spatial exclusivism for a certain religion can be eliminated.
Moh Rosyid, Lina Kushidayati
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 91-112;

Rebo Wekasan is a popular practice among Indonesian Muslims, including those who live in Kudus, Central Java. This article discusses the practice of Rebo Wekasan in Indonesia generally, Kudus in specific, and the rite of drinking water salamun, as well as the practice of Rebo Wekasan from the perspective of 'urf. The anthropological approach is used to understand the tradition of Rebo Wekasan while the observation took place in 2021. Additionally, we also collected relevant documents including pictures and newspaper articles of Rebo Wekasan from 2018 to 2019, and interviews with 8 resource persons ranging from takmir (caretaker of the mosque), ceremonial committee, village officials, and visitors. Rebo Wekasan rite in Kudus is done by performing sholat tolak bala (prayer for anticipating any calamities) and drinking salamun (blessing-infused) water. People who attend the ceremony believe it based on religious belief and classic text showing that the last Wednesday in Safar month is the day of disaster advent. They also believe in the Javanese value that water is a medium of spiritual cleansing. In the perspective of 'urf (custom), Rebo Wekasan is deemed to fulfill aspects of ‘urf belonging to the category of 'urf shahih (good custom) because it contains noble values and is sourced from religious teaching.
Nur Lailatul Musyafaah, Elda Kusafara, Firda Maknun Hasanah, Anas Bustomi, Hammis Syafaq
Al-Ihkam: Jurnal Hukum & Pranata Sosial, Volume 17, pp 60-90;

This research studied the role of women workers in Surabaya in meeting the family’s needs during the Covid-19 pandemic. As field research, it employed a qualitative approach. The data was collected through interviews with 12 women workers and observation at the respondents’ workplaces from November 2021 to April 2022. This research concluded that women workers have a significant role in meeting the family’s needs during the Covid-19 Pandemic. Their role comes in three categories: First, they work to help husbands in meeting primary needs because the husband’s salary cannot cover the whole bill. Second, they work to meet the family’s secondary needs because the husband’s salary is only sufficient for the family's primary needs. Third, they work to meet primary and secondary needs because no one provides so. In the perspective of maqāṣid shariah, their role are according to the principle of maintaining property (ḥifẓ al-māl). The first role is according to the principle of ḥifẓ al-māl in the category maṣlaḥah ḍarūriyyāt. The second role accords to the principle of ḥifẓ al-māl in maṣlaḥa ḥajiyyāt and the third role is according to the principle of ḥifẓ al-māl in maṣlaḥah ḍarūriyyāt and maṣlaḥah ḥajiyyāt.
Back to Top Top