cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mukhammad Nur Hadi
Contact Email
mukhammad.nur.hadi@uinsa.ac.id
Phone
+6285280179576
Journal Mail Official
al_hukama@uinsa.ac.id
Editorial Address
Jl. A. Yani 117, Surabaya
Location
Kota surabaya,
Jawa timur
INDONESIA
Al-Hukama: The Indonesian Journal of Islamic Family Law
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 20897480     EISSN : 25488147     DOI : 10.15642/alhukama
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Hukama serves academic discussions of any Indonesian Islamic family law issues from various perspectives, such as gender, history, sociology, anthropology, ethnography, psychology, philosophy, human rights, disability and minorities, digital discourse, and others. It intends to contribute to the debate in classical studies and the ongoing development debate in Islamic family law studies in Indonesia, both theoretical and empirical discussion. Al-Hukama always places the study of Islamic family law in the Indonesian context as the focus of academic inquiry.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 13 No. 1 (2023): June" : 7 Documents clear
For the Sake of Protecting Physcal Needs: Maqasid Sharia Perspective Toward Judges Consideration on Child Custody
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.76-92

Abstract

In Islamic law, for a child who has not been mumayyiz, their custody falls in the hands of the mother. If the child has been mumayyiz, then the child is given the right to choose and determine who has the right to care for him. However, the judge of Panyabungan Religious Court decides the custody of a child who has not been mumayyiz to the father. This study aims to analyze the judge’s considerations in determining the custody of a child who has not been mumayyiz to the father. Using a normative and philosophical approach by using Maqasid Sharia theory, this study employs a qualitative methodology to examine the judge’s consideration. As for the results of this study, firstly, in consideration of the judge stipulating the custody of the child who has not been mumayyiz to the father is to maintain the child’s physical growth. Second, the author believes that a judge who determines to whom child custody is granted should prioritize the existence of religion over the existence of the soul. It means that child custody is given priority to one of the parents with better religion, behavior, and association than prioritizing the child's physical needs.
The Closure of Isbat For Polygamous Marriage on Legal Purpose Perspective
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.1-26

Abstract

After attendance, the enactment of the Supreme Court Circular (SEMA) Number 3 of 2018 answers the legal vacuum over isbat for Polygamous marriage. But in practice, the SEMA confuses its implementation. This study aims to analyze the application of polygamous marriage law in SEMA number 3 of 2018 and the juridical implications for justice, expediency, and legal certainty. This research includes normative legal research with statutory and conceptual approaches. Gustav Radbruch's theory of legal purpose is used as his analysis knife. The study concluded that closing the door of Isbat for Polygamous marriage is not the right solution because marriage isbat is one way to obtain legal guarantees in the eyes of the state. The aggrieved subject of the SEMA was a polygamous wife who could not take legal action in seeking justice. Judging from Gustav Radbruch's theory, SEMA number 3 of 2018 has not met the elements of legal objectives. The provisions in SEMA number 3 of 2018 only accommodate the interests of children. The rights of polygamous wives should be prioritized because the benefits received are more significant than tightly closing the door of isbat for Polygamous marriage. It is necessary to review SEMA number 3 of 2018 to contain concrete values of justice, expediency and legal certainty for children and wives.
Tracing the Equity on Islamic Heirs: The Reach of Inheritance of Substitute Heirs on the Compilation of Islamic Law
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.93-114

Abstract

The institutionalization of substitute heirs in Islamic inheritance law in Indonesia is a breakthrough based on the principles of justice and humanity for heirs who are left behind, but this regulation is considered vague, has multiple interpretations, and can even disrupt the basic principles of Islamic inheritance. The existence of regulations on substitute heirs is very influential in the distribution of inherited assets, as parties who were not entitled to inheritance become entitled to it. This is a normative study with statutory, conceptual, and political approaches. The results of the study indicate that the policy of forming a substitute heir law in terms of updating and developing Islamic inheritance law in Indonesia is inseparable from the situation and condition of legal requirements, which are more or less influenced by the values that live in society and the continuous developments in society itself, especially in aspects of justice. However, the regulation needs to be revised or corrected in the content of the article so that it is right on target and does not have multiple interpretations within its reach, so that it is in line with the objectives of the law, namely justice, benefit, and legal certainty.
The Construction of Bisexual Act as A Ground for Divorce on Critical Legal Studies Perspective
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.50-75

Abstract

Bisexuality as an orientation deviation that places a person to be able to have sexual relations both against the opposite sex and the same sex, today has become a social problem as well as a legal issue that seems to be still not expressly regulated in the legislation. Especially if bisexual acts are committed in a legal marriage institution by a husband or wife, while in it there are no constant quarrels. This article discusses bisexual acts committed in marriage with two focuses of discussion, namely bisexual acts in legislation from the perspective of critical legal studies (CLS) and legal reformulation of future laws and regulations. Through the type of normative research with legal, philosophical, and conceptual approaches, this article argues that the normativity of bisexual acts in marriage from the CLS perspective is still a requirement for an individualist-liberal legal style. The article argues that a reformulation of some regulations in Indonesia is necessary. This article offers a reformulation with two things. First, adding the offense of same-sex adultery to Article 411 to Article 411A of the Criminal Code.  Second, amend and add authentic interpretations to the Explanation of Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage, Article 19 letter a of Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage, and Article 116 letter a of the Compilation of Islamic Law.
Between Work and Family: Multiple Role Strategies of Career Women in Sultan Agung Islamic University
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.115-139

Abstract

Career women have their own challenges to manage interests between work and family. However, not all career women are able to answer the demands to execute these two interests optimally. This paper aims to see what is behind the dual role of career women at Sultan Agung Islamic University and how they negotiate these two interests. This study is an empirical study using a gender approach. This paper finds that the dominant factors that place them in a dual role are economics and self-existence. Therefore, the negotiation process by establishing communication and cooperation in the household is the main thing. This strategy has an important impact on how the power of mutual trust and an attitude of responsibility is built in husband and wife relationships. In this position, the dual role chosen by career women does not further corner her position as a woman, but instead strengthens her position as the key holder of harmonious and stable relationships in the household.
The Early Marriage in Kaliboto Kidul on Maqasid Sharia Perspective
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.140-159

Abstract

The practice of early marriage breeds many problems. This case also quite a lot happened in Kaliboto Kidul, Lumajang. This study traces why the phenomenon occurs. The article also looks at the practice with the perspective of maqashid sharia. Therefore, the important debate is whether the practice of early marriage is entirely problematic or on the other hand has benefits. This paper is packed with an interdisciplinary approach; normative, sociological, and philosophical. This article found that the main reason for the practice of early marriage is because of pregnancy out of wedlock, among other reasons. For this reason, in the perspective of Maqasid Shari'ah, the practice of early marriage can be the best choice to protect women and children (hifz an-nafs and an-nasl), although it still gives birth to new effects, namely during childbirth. However, the danger is still assessed at a lower level of dharuri than allowing the child to be trapped in adultery. Therefore, this article confirms that in the normative, sociological, and philosophical context the practice of early marriage does not fully present harm, but it becomes an option to protect other potential harms.
Choosing Friends to Help a Victim of Domestic Violence in Surabaya
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 1 (2023): June
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.1.27-49

Abstract

State actors and non-State actors have an important role and contribution to solving acts of domestic violence. These actors are given space through Law No. 23 of 2004 concerning the Elimination of Domestic Violence. Legal protection and human rights are the main points for victims of domestic violence in protecting their dignity and dignity as human beings. Victims of domestic violence have the option to resolve it through both State and non-State actors, they seem comfortable with their choice of friends in resolving these acts of domestic violence. This article uses ethnographic methodology by observing the behavior, knowledge, beliefs, network of friends, and culture of the selection process for solving domestic violence in the city of Surabaya. This article is derived from data collected through documentation, semi-participant observation, and interactive dialogue. Friends as an institution where to complain, and seek resolution has been chosen by victims of domestic violence. They consider that friends play an important role as a preliminary institution rather than other actors such as nuclear relatives, police and courts who are State and other non-State actors.

Page 1 of 1 | Total Record : 7

 1 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 14 No. 1 (2024): June (In Progress) Vol. 13 No. 2 (2023): December Vol. 13 No. 1 (2023): June Vol. 12 No. 2 (2022): Desember Vol. 12 No. 1 (2022): Juni Vol. 11 No. 2 (2021): Desember 2021 Vol. 11 No. 1 (2021): Juni 2021 Vol. 10 No. 2 (2020): December 2020 Vol. 10 No. 1 (2020): June 2020 Vol. 9 No. 2 (2019): December 2019 Vol. 9 No. 1 (2019): June 2019 Vol. 8 No. 2 (2018): Descember 2018 Vol. 8 No. 1 (2018): Juni 2018 Vol. 7 No. 2 (2017): Desember 2017 Vol. 7 No. 1 (2017): Juni 2017 Vol. 6 No. 2 (2016): Desember 2016 Vol. 6 No. 1 (2016): Juni 2016 Vol. 5 No. 2 (2015): Desember 2015 Vol. 5 No. 1 (2015): Juni 2015 Vol. 4 No. 2 (2014): Desember 2014 Vol. 4 No. 1 (2014): Juni 2014 Vol. 3 No. 2 (2013): Desember 2013 Vol. 3 No. 1 (2013): Juni 2013 Vol. 2 No. 2 (2012): Desember 2012 Vol. 2 No. 1 (2012): Juni 2012 Vol. 1 No. 2 (2011): Desember 2011 Vol. 1 No. 1 (2011): Juni 2011 More Issue