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Fathonah K. Daud
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alhakam.iaialhikmahtuban@gmail.com
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Jl. Pondok Pesantre Al Hikmah No. 1-3 Binangun Singgahan Tuban Jawa Timur 62361, Indonesia.
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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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PANDANGAN MUḤAMMAD SA`ĪD RAMAḌĀN AL-BŪṬI TERHADAP MAṢLAḤAH WASIAT WAJIBAH ANAK ANGKAT Mahbubi Mahbubi; Ludfi Ludfi
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 2 (2023): 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.v3i2.615

Abstract

The Compilation of Islamic Law (KHI) regulates mandatory wills for adopted children and adoptive parents, this is stated in article 209 paragraphs (1) and (2). This rule is relatively new when referring to the implementation of mandatory wills implemented in other Islamic countries. In contemporary jurisprudence studies, obligatory wills are only given to heirs who do not receive an inheritance because they are mahjūb by other heirs. The implementation of mandatory wills in Indonesia is considered to involve the mutual benefit of the child and his adoptive parents. Therefore, the focus of this study is to find the suitability of the concept of obligatory wills in KHI with the concept of mashlahah al-Buthi. The type of research used is library research with content analysis, philosophical-hermeneutic and mashlahah approaches. The data collection technique is in the form of documentation through inventory, classification and data evaluation. The results of this research state that mandatory wills in the KHI are only given to adopted children and adoptive parents. This legal formulation is the result of the ijtihad of Indonesian ulama' which aims for the common good. The concept of mashlahah al-Buthi is mashlahah which tries to take the middle path in accordance with what is intended by Syāri', so that giving obligatory wills to adopted children is a real benefit.
JUDICIAL MAFIA AND ITS PROBLEMS: AN EXAMINATION FROM THE INTERPRETATION OF IBN KATHĪR ON SURAH AL-MĀIDAH VERSE 8 AND AL-BAQARAH Moh. Abdulloh Hilmi; Herfin Fahri
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 2 (2023): 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.v3i2.624

Abstract

This article discusses the judicial mafia within the religious and governmental landscape of Indonesia. The judicial mafia has recently come under scrutiny due to various issues of misconduct such as corruption, collusion, and nepotism. When examined further, the Quran also emphasizes that unfair and dishonest actions are intolerable, and in the legal perspective of Indonesia, it regulates criminal acts of corruption and their penalties. Using a descriptive-analytical method, the researcher will elucidate the principles of justice found in the Quran, specifically in Surah al-Mâidah [5]: 8 and Surah al-Baqarah [2]: 188, as interpreted by Ibn Kathȋr, and their relevance to Indonesian laws and government regulations. The findings of this study are as follows: First, Ibn Kathir asserts that achieving justice necessitates the presence of fair and faithful witnesses. Second, when a decision is made that is unjust and has detrimental effects on a case, it should be reconsidered by the judge for fairness. Third, the judicial mafia can be prevented through continuous monitoring and evaluation of institutional bodies.
TEOLOGI PEMBEBASAN PEREMPUAN: KAJIAN ATAS PEMIKIRAN ASGHAR ALI ENGINEER TENTANG ISU GENDER Nadia Rizky Fauziah; Siti Rizqiyyah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 2 (2023): 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.v3i2.628

Abstract

This article examines Asghar Ali Engineer's thoughts on women's liberation theology. This is mainly about the method of interpreting Islamic sacred texts. This article was collected from a literature review, then described and analyzed using gender theory. The results of this research show that Asghar's feminist spirit is very strong when reading and interpreting Islamic sacred texts. This cannot be separated from the influence of the science he mastered, including his plural life experience in India, which gave birth to a humanist method of interpretation. The Islamic portrait has shown the existence of gender justice according to Ali Asghar Engineer's perspective, they are both servants of Allah whose process of events is of the same type. The only difference lies in how they carry out their life functions as caliphs on earth, whether they become devout servants or not. Criticism of classical fiqh was raised because it was considered discriminatory against women, so Ali Asghar offered a reconstruction of feminist fiqh for a more just life.
PELAKSANAAN PERKAWINAN PADA MALAM SONGO RAMADHAN SEBAGAI LOCAL WISDOM DI MASYARAKAT PARENGAN KABUPATEN TUBAN Nurul Novitasari
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 3 No 2 (2023): 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.v3i2.629

Abstract

This study is about wedding culture on Songo Ramadlan night in Parengan Tuban, East Java. In this research location, there is a wedding tradition called malem songo that has been passed down from generation to generation and it is not known for certain when this tradition was first implemented.. Seeing this, the researcher carried out research with the aim of (1) knowing the factors that cause marriages to occur on the night of the 29th of the month of Ramadan in the community of Parengan District, Tuban Regency (2) to find out the perspective of customary law and Islamic law on the occurrence of marriages on the night of the 29th of Ramadhan in the people of Parengan District, Tuban Regency. This research uses a type of empirical legal research where all information is obtained from documentation and interviews, using a qualitative approach. Meanwhile, the data collected is primary data, namely interviews with Parengan District KUA officials, figures and several community members who held weddings at Night Songo and secondary data from books that have relevance in research, which is then edited, checked and compiled carefully and arranged in such a way analyzed. The results of this research show that getting married at night songo has become a tradition and is deeply rooted in the people of Parengan District, which is considered to bring blessings in Javanese culture and is seen as a form of local wisdom. Therefore, the implementation of this marriage is to avoid complications, because the Songo Ramadhan night is not regulated by religious principles or Javanese law.

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