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Fathonah K. Daud
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Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Published by Universitas Al-Hikmah Indonesia
ISSN : 27763404     EISSN : 27763404     DOI : https://doi.org/10.35896/alhakam.v3i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues,is a scientific periodical published by the Islamic Family Law Study Program, Fakulty of Syariah, University of Al-Hikmah Indonesia. The articles featured in this scientific periodical are about thoughts on family law, fiqh al-nisa, marriage traditions, Islamic justice and gender issues. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues The main language is Indonesian, while the additional languages are English and Arabic. Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues is published twice a year, namely in May and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 34 Documents
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TASYRȊḤ AL JATSTSAT (AUTOPSI): Fungsi dan Urgensinya dalam Kedokteran Perspektif Hukum Islam Herfin Fahri; Vita Fitriatul Ulya
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i2.243

Abstract

This article discusses the autopsi (tasyri>h} al Jatsts\at) in the perspective Islamic law. In this modern era, autopsies are an alternative choice for the medical and police to resolve a criminal case. So there needs to be a discussion regarding how the scholars of jurisprudence punish the autopsy. This study uses a qualitative research type with a literature review approach. Researchers conduct studies and analyzes of various literatures relevant to the topic to obtain information. Through this literature review, it was found that there were ikhtilaf from fiqh scholars in judging autopsies. Some scholars do not allow forensic autopsies because they can damage the corpse and violate the honor of the corpse. However, some other scholars allow forensic autopsies on the grounds of realizing the benefit of the ummah (mashalih mursalah). Tasyri>h} al Jatstsat or autopsies are allowed if they have aclear and good purpose, such as for educational purposes (anatomical autopsies), for scientific purposes (clinical autopsies), and for justice (forensic autopsies). Anatomical autopsies are needed by medical or other health students in order to study anatomy or parts of the human body. A clinical autopsy is needed by a doctor to observe a case of a disease suffered by a patient who dies for the development of medical science. And a forensic autopsy is needed to help law enforcement officers or the police to determine the cause of someone's death that involves a crime. Dissection of forensic corpses is allowed to establish the law fairly as stated in (QS. An-Nisa [4]: 58) that we as Muslims are encouraged to set the law between humans fairly. An autopsy is not justified by religious law if there is no emergency cause, does not cause benefit and is not accompanied by permission from the heirs.
PEREMPUAN BERPENDIDIKAN TINGGI DI TUBAN: ANTARA HUKUM DAN REALITA Siti Fatimah; Irma Rosyida
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i2.244

Abstract

This study to describe woman with hingher education in review of law and reality in Tuban East Jawa. In this modern era, women with higher education still experience gender discrimination against their nature and it is not uncommon to find gender stereotypes about the unimportance of hingher education for a woman by community. This study is qualitative research with a descriptive method. This type of research is included in a case study. In collecting data, using the interview, observation and documentation methods. The research subjects consisted of woman with higher education and careers, housewives with higher education, husbends, childern of spouses with highly educated perents, and female students who were pursuing higher education at Tuban. The resulth show that education in Islamic law is is obligatory for every Muslim, including woman. Modern-day woman with higher education for woman are an important need, with the hope that their knowladge and knoeledge are as a provision for woman to become mother as good educators for their children, besides that woman can show their existence as qualified servants of God in front of humans, especially before Allah SWT. The reality is that woman with higher education still have a lot of gender discrimination and gender stereotypes in society. Women are still seen as household managers, so that education for them is secondary and even neglected.
STATUS DAN PENGEMBALIAN MASKAWIN SETELAH PERCERAIAN DALAM PERSPEKTIF GENDER Toto Supriyanto Supriyanto
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 2 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i2.245

Abstract

This article discusses dowry status and return of dowry after divorce from a gender perspective. The background is ambiguity in the transaction status and the wife's ownership status of the dowry, which implies that there is a provision for returning the dowry that has been given by the husband or withholding the dowry that has not been given but has been promised in the marriage contract. The provision for the return of the dowry was allegedly against the principles of gender equality. By using the literature survey method this article was carried out. This article finds evidence of ambiguity in the transactional status of dowry in Islamic law between grants: selfless gifts or ijarah: rewards for the pleasures that the wife gives to her husband. There is also evidence that the wife's ownership status of the dowry is not clear, whether it is absolute property, or non-absolute ownership because it depends on the behavior of the wife in carrying out her role as a wife, whether she is obedient or rebellious. After being analyzed using gender principles in the form of 14 basic rights and five types of indicators of gender inequality, it was found that the dowry status for wives is not gender equal in the form of discrimination and subordination. Provisions for returning the dowry either in half or in full because there has been no sexual intercourse between husband and wife is classified as subordination and marginalization; as well as the return of dowry due to divorce with khulu 'and fascikh, including discrimination and stereotypes
KESETARAAN PERAN SUAMI ISTRI DALAM ADAT PERKAWINAN SUKU BADUY DI DESA KANEKES LEUWIDAMAR KABUPATEN LEBAK BANTEN Leni Anggraeni
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 1 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i1.250

Abstract

This paper is examines the househould life of the Baduy tribe in Kanekes village, Leuwidamar sub-district, Lebak district, Banten province. The marriage custom of the Baduy tribe are interesting and unique. Therefore, it is interesting to study from the pre-marital process to marriage. They view marriage ritual as an agenda of sacred value to the stage of marriage and trust to work together without choosing and shorting out which jobs are appropriate and suitable for men and women. The purpose of this study was to determine the assumptions and theological meanings of the Baduy people regarding the practice of marriage in the Sunda Wiwitan religious tradition. Data was collected through interview, survey and documentation techniques. The result and conclutions of this study are that in the life of the community the position of women and mas is balanced. Husband and wife halp and complement each other in the household. The form of implementation and reality in the life of the Baduy tribe, for example, the work that is generally done by Baduy men is also often taken over and carried out by Baduy women and this has been developing for along time.
PEREMPUAN DAN GENDER DALAM KORUPSI DI INDONESIA Febri Handayani
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 1 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i1.283

Abstract

This paper examines the involvement of women in corruption in Indonesia. Today people who commit corruption no longer recognize gender. The perpetratorsare of corruption are no longer men, but also the perpetrators are women. The number is not as much as men, but the number is increasing from year to year, with various professionals backgrounds. Even sadly, women are objects of gratification to facilitate affairs. Based on this, by researching normative law, and using a statutory approach as well as a conceptual approach. The results of the study indicate that women who occupy strategic positions are able to be a balancer because women have more sensitive to taste, refinement of mind, and can play a central role with its natural nature. Corruption is an immoral act that is used to carry out actions with institutional integrity standards. Increased involvement of women not as victims of corruption but as agents of change involved is very important to solve problems. But on the other hand, it is known that the factors that cause corruption can be seen from factors that come from within the perpetrators of corruption, but can also come from outside the perpetrators. Prevention of corruption can be done by means of the extent to which anti-corruption values can be internalized within oneself and changes through an integral approach to fighting corruption.
GAGASAN RESTORATIVE JUSTICE SEBAGAI PENYELESAIAN TINDAK PIDANA KORUPSI: STUDI ANALISIS MAQÂṢID AL-SYARÎAH Fira Mubayyinah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 1 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i1.289

Abstract

This research begins with a discourse of thought that is currently being debated in the community, which is related to law enforcement in eradicating corruption with state financial losses under fifty million rupiah. Some people still have the belief that eradicating corruption must be carried out with repressive means and the imposition of the maximum amount of punishment. Others are concerned that the Restorative Justice approach in eradicating corruption is mitigating and not causing a deterrent effect for potential perpetrators. This discourse began to be widely discussed after the Attorney General, Burhanudin, publicly stated that the steps in law enforcement at the Prosecutor's Office in dealing with corruption cases with a state financial loss of less than fifty million rupiah should be resolved using a Restorative Justice approach. This research is focused on how Restoractive Justice is used as an approach to solving corruption cases with state financial losses under fifty million rupiah in the perspective of Maqâshid al-syarî'ah. The research method used is juridical-normative, with a statutory and conceptual approach. The results of the study indicate that the settlement of corruption cases with a Restorative Justice approach is in accordance with Maqâshid al-syarî'ah.
PERBEDAAN LAKI-LAKI DAN PEREMPUAN DALAM AL-QUR'AN: TAFSIR QS. ALI IMRON AYAT 36 DARI PERSPEKTIF GENDER . Mustofa
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 1 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i1.291

Abstract

This paper examines the interpretation of the Qur’an about the differences between men and women in the Qur’an from a gender perspective. Especially what is stated in the letter Ali Imran verse 36, using the tahlili method by using gender as a tools of analysis to analyze the interpretation of the Qur’an which textually mentions the differences between men and women. The goal is to understand what the meaning of the verses is. This paper is a literature review, by examining several books of interpretation which are still an important reference in Indonesia, either as books of educational teachings materials in Pesantren or books of interpretation which are references for scientific works. The result of this study indicate that the verse still has harmony with the concept of gender which means that men and women have equality in carrying out any activity, especially in worship. It can even be understood from the story of Sayyidah Maryam, which in essence she is no different from the chosen men who are equally allowed to guard Baitul Maqdis. Therefore, the Qur’an has given an encouragement to all Muslims to increase their deeds of worships without discriminating against gender.
TRADISI KAWIN NGARAH GAWE DALAM PANDANGAN HUKUM ISLAM (Studi di Desa Bukit Harapan Air Rami Kabupaten Mukomuko) Atep Sultanudin; Iim Fahimah; Badrun Taman
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.341

Abstract

This paper discusses the implementation of the Ngarah gawe marriage tradition in Bukit Harapan Village, Air Rami District, Mukomuko Regency, Bengkulu province, and how it is reviewed from the perspective of Islamic law. The research method used in this research is using the field research method (field research). The location of the research is in Buki Harapan Village, Air Rami District, Mukomuko Regency, and the data collection techniques are interview, observation and documentation methods. The results of the research are: (1) the implementation of the ngarah gawe marriage tradition is as follows; narosan, seserahan, ngaras, ngeuyeuk seureuh, and marriage contracts, with the aim of preparing to create a harmonious, peaceful and peaceful family through the assessment of the in-laws. (2) as for the process of implementing the ngarah gawe tradition, it does not conflict with Islamic Shari'a because in the process of implementation, the values or Islamic Shari'a are not forgotten in the slightest.
TRADISI NGEMBLOK DI DESA NGREJENG GRABAGAN TUBAN DALAM PERSPEKTIF ‘URF Mun'im .; Fathonah K. Daud
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.342

Abstract

This article discusses the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency in the 'Urf. This study aims to: 1) Knowing the Ngemblok tradition in Ngrejeng Village, Grabagan District, Tuban Regency 2) Knowing 'Urf's Review of the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency. This research uses a qualitative case study method and uses data collection methods in the form of observation, interviews and documentation. Then the data analysis techniques used in this research are data reduction, data presentation, conclusion drawing and or verification. The results of this study are'Urf's review of the Ngemblok Tradition in Ngrejeng Village, Grabagan District, Tuban Regency that women as blockers are not prohibited in Islam. This is based on the time of the Prophet Muhammad, who was also proposed by Siti Khatidjah through his trusted female servant, Nafisah. The goal from a religious point of view is to get a husband who is pious, and good for marriage. The legal basis for blocking is on the rules of العادة (‘urf) and the rules of fiqh المحُاَفَظَةُ عَلَى القَدِيْمِ الصَالِحِ الأَخْذُ باِلجَدِيْدِ الأَصْلَحِ (maintaining good old things and taking new, better things).
KEABSAHAN PRAKTIK AKAD NIKAH ORANG ISLAM DENGAN MASYARAKAT ADAT SAMIN DI DESA KARANGROWO UNDAAN KABUPATEN KUDUS Fatihatul Anhar Azzulfa; Moh Durrul Ainun Nafis
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 2 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i2.348

Abstract

The study aims to determine the practice of the Samin customary marriage contract with Muslims (non Samin) in Karangrowoi Village, Undaani district, Kudus Regency hich has differences with the marriage contract procession in general, where between ijab and kabul there must be a grace period (separately). The method used is descriptive-qualitative, which describe and explore the practice of marriage contract in the Samin community and then analyzes it based on the perspective of Islamic law and positif law. This tudy found that, what should have been the implementation of ijab and kabul carried out in one assembly (in one space and time), isn’t done that way by indigenous people of Samin. The implementation, kabul is delivered at different times so that its validity isn’t fulfilled as required by the pillars and conditions of marriage.

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