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Mukhammad Nur Hadi
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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 8 Documents
 1 
Search results for , issue "Vol. 13 No. 2 (2023): December" : 8 Documents clear
Ensuring Equity in Post-Divorce Economic Rights: A Critical Analysis of Judicial Sensitivity in the Religious Court of Padang Sidimpuan, Indonesia Tarigan, Azhari Akmal; Nasution, Muhammad Syukri Albani; Hutagalung, Syahrial Arif; Arrazy, Syafran
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.181-202

Abstract

Judges are pivotal in issuing impartial decisions that advocate for women, even when they function as primary providers. This study examines the judicial sensitivity towards women as primary breadwinners within families in Padang Lawas Utara. Employing a sociological approach, the research explores the realities among the indigenous people of Padang Lawas Utara. Subsequently, it conducts a comprehensive review of five decisions from the Religious Court of Padang Sidimpuan, falling under the jurisdiction of Padang Lawas Utara. The article reveals that the judges fail to consider the wife’s familial role, especially the role of the wife as the breadwinner. They concentrate solely on the male’s capabilities and rely on evidence of the husband’s income, which proves challenging to validate. Despite the husband’s ownership of assets, including land, houses, rice fields, vehicles, and others, the judge refrains from exercising the ex officio rights to provide the wife's māḍiyah (previous alimony). This underscores the inadequacy of the judge’s sensitivity in establishing the fulfillment and protection of women’s rights, particularly in the context of post-divorce scenarios.
Matchmaking Bureau at the Ministry of Religious Affairs of Surakarta: The Legal Utilitarianism Perspective on the Samawa Program Utami, Ria Cahyaning; Hilmy, Ahmad Arif Masdar; Al Adawiyah, Mutiah Robiah
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.229-252

Abstract

Current matchmaking trends are often facilitated by non-governmental entities, advocating certain ideologies that may contradict the Islamic family law paradigm initiated by the state. The “Samawa Program: Make Me Your Partner” is a matchmaking service undertaken by Surakarta’s Ministry of Religious Affairs. This program emerged in response to limited communication during the COVID-19 pandemic. This article uses a philosophical approach to examine this program’s goals, rules, and strategies and how it aligns with Jeremy Bentham’s legal utilitarianism theory. The article finds that this program is free of charge. It also incorporates marriage guidance practices distinct from marriage counseling practices at the Office of Religious Affairs. The program’s objective is for individuals to receive marriage guidance as a foundation for building a household and to find a soul mate who meets their criteria. Considering seven indicators, the program fully satisfies the intensity, duration, propinquity, and fecundity benefit aspect. However, the program can potentially generate harm regarding the other three elements: certainty, purity, and extent. At this point, the program is deemed worthy of continuation as a facilitation step for finding a suitable partner while obtaining marriage knowledge quickly and credibly.
Preserving Cultural Heritage in Marriage: Exploring Meanings of Kebon Odeq Tradition in the Sasak Community of Lombok Tengah, Indonesia Haerozi, Haerozi; Winengan, Winengan; Fakhri, Moh.; Sugitanata, Arif; Karimullah, Suud Sarim
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.203-228

Abstract

The convergence of customary norms with Islamic legal norms gives rise to a new legal entity, including philosophical meanings. This article seeks to explore the symbolic meanings and reasons for the persistence of the kebon odeq tradition in the marriage customs of the Sasak community in Pengadang Village, Central Lombok. Utilizing an anthropological approach with symbolic anthropology theory popularized by Victor Turner and conducting in-depth interviews with five key informants, this article reveals that within the kebon odeq, the Sasak community in Pengadang assigns significant symbolic meanings to various elements. The kebon odeq components enhance a sense of unity and cultural values as a form of respect for ancestral customs. Symbolically, kebon odeq emphasizes the correlation of its symbolic meaning with cultural values, marriage, and social aspects of society. In Islamic law, this tradition holds symbolic meanings related to the values ​​of Islamic marriage, especially commitment and maintaining sustainability. The intersection of philosophical meanings between custom and Islamic law is a significant motivation for the extent to which kebon odeq is preserved and developed by the Sasak Muslim community.
Gawa’ Tradition in Inter-Tribal Marriages in Mentebah, Kapuas Hulu, West Kalimantan: Acculturation, Function, and Humanity Muhammad Fadhly Akbar
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.276-296

Abstract

This article explores how the Malay and Dayak Mentebah tribes negotiate and position the Gawa' tradition within the societal realm. Using an empirical legal study that employs a socio-anthropological approach, this article finds that the Gawa' tradition is carried out in two forms: one based on Islamic legal norms practiced by the Malay community and the other based on customary norms observed by the Dayak Mentebah community, even if the bride or groom has converted to Islam. Cultural negotiation occurs in several acculturated aspects, from wedding decorations, bridal attire, food composition, and musical instruments to entertain guests. Although some aspects may violate Islamic legal principles, such as serving pork and alcoholic drinks, the tradition significantly impacts individuals, families, and the community by creating a harmonious and mutually beneficial interaction space for both tribes. Despite both communities considering Gawa' as a mandatory cultural norm and the protector of dignity for a person, family, and community, the Malay and Dayak Mentebah tribes have managed to respond to this tradition by involving a sense of humanity and maximum respect for each other's beliefs, thus avoiding large-scale social conflict. Instead, Gawa' emerges as a space that creates social strength based on multiculturalism.
Faqihuddin Abdul Kodir's Reasoning on Alimony: The Epistemological Perspective of Bayāni, Burhāni, and Irfāni Ni'ami, Mohammad Fauzan; Izzuddin, Ahmad; Widyasari S, Citra; Amrullah, Abdul Karim
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.160-180

Abstract

The reinterpretation of the concept of alimony plays a pivotal role in defining familial roles. This article delves into the epistemological reasoning of Faqihuddin Abdul Kodir in redefining the concept of alimony within a modern context. Employing conceptual and philosophical approaches, the article reveals that the alimony concept introduced by Kodir is a product of epistemological reasoning encompassing bāyani, burhāni, and irfāni dimensions. Bāyani reasoning is demonstrated through an understanding approach and the tabdīl (replacement) method used to analyze alimony texts. Burhāni reasoning is supported by rational thinking, utilizing primary and minor premises derived from the current phenomena within family dynamics. Irfāni reasoning is evidenced through the elucidation of meaning by Kodir, specifically regarding alimony texts as a project for the development of divine law (al-aḥkām al-ilāhiyyah) based on the values of love and compassion (raḥmatan lil 'ālamin). This reformulation has implications for methodological and practical innovations regarding alimony in local and global contexts.
Guardianship and Marriage Registration in Indonesian Islamic Law: Al-Adillah Al-Shar'iyyah Al Maqāṣidiyyah Perspective Rohman, Holilur
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.324-341

Abstract

The renewal of Islamic marriage law in Indonesia is reflected in two essential documents, the Compilation of Islamic Law (the KHI) and the Counter Legal Draft-Compilation of Islamic Law (CLD-KHI). Both documents have distinct legal characteristics. This article examines the marriage guardian's position (wali nikah) and marriage registration in these two legal documents. Utilizing a normative and philosophical approach, this article finds that the marriage guardian is an absolute component of marriage, according to the KHI. In contrast, in the CLD-KHI, the marriage guardian does not apply to women who have reached adulthood and are at least 21. Regarding marriage registration, both documents require its implementation without exception. The difference lies in KHI considering marriage registration as a condition, while CLD-KHI views it as an integral part. Despite having different intentions, the idealized legal objective is the same: to realize Sharia-based benefits. Both are guided by primary sources, hadiths, and the Quran, which generate a spirit of protection and benefit.
Inheritance Rights of Inactive Digital Accounts: Qiyās-Based Legal Protection Mayasari, Lutfiana; Triyono, Nur; Wulan Agustina, Ulfa; Mukti, Beta Pujangga
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.253-275

Abstract

The privileges associated with an active internet account revert to the account holder while they are alive. However, if the account becomes inactive or the holder dies, most service providers lack provisions for transferring these entitlements to their heirs. With Indonesia’s 207 million account users as of 2021, the rights of the deceased account holder may be forfeited without legal safeguards. This research explores the entitlements linked to virtual account ownership and legal protections for the inheritable rights of inactive account holders through qiyās method. Employing a normative and philosophical approach, the study reveals various entitlements connected to the account owner. Legal safeguards for inactive digital account owners are present through argument and qiyās (analogy), ensuring their rights as heirs and enabling inactive digital account assets to be inherited in non-digital assets. At this point, it is essential to explore the inheritance rights of digital assets further by studying positive law and Islamic law to guarantee personal rights in the digital space.
Husband’s ‘Iddah in Indonesian Islamic Law Context: Insights from the Fatwa Approach of the Indonesian Women’s Ulema Congress Sam'un; Hadi, Mukhammad Nur
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
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.2023.13.2.297-323

Abstract

A husband has the right to either proceed with or delay remarriage after a revocable divorce from his wife, which differs from the wife, who must observe the ‘iddah period. This article discusses conceptualizing the husband's ‘iddah using the fatwa approach of the Indonesian Women’s Ulema Congress (KUPI). Employing a conceptual and philosophical approach, this article explores secondary data through KUPI's three main fatwa approaches: ma’ruf, mubadalah, and ultimate justice. This article demonstrates that the husband's iddah can be deemed obligatory. First, from the ma’ruf perspective, the husband's remarriage during the iddah period often harms the ex-wife due to neglect in providing post-divorce financial support. Second, from a mubadalah standpoint, postponing remarriage after divorce should ideally apply to both husband and wife, allowing psychological reflection space for both men and women. Third, in the context of genuine justice, the husband's remarriage during the ‘iddah period violates the principles of true justice in fulfilling and protecting the rights of women and children. This is because women and children experience more significant and prolonged psychological and social discrimination than men. In this context, mandating ‘iddah for husbands through KUPI's fatwa approach presents a new trend in Indonesian Islamic legal reform.

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