AL-IHKAM: Jurnal Hukum & Pranata Sosial

Learning from Malaysia's Progressive Islamic Law Framework on Online Gambling: Insights for Indonesia

2025-05-31T18:42:29+07:00

Online gambling has become a rapidly growing issue, leading to financial losses and mental health challenges. In Malaysia, online gambling is regulated under progressive Islamic law which focuses on social justice, while Indonesia struggles with weak enforcement despite existing regulations. This study discusses three main parts: first, current online gambling regulation in Indonesia and Malaysia; second, Malaysia’s progressive legal experience as a blueprint for Indonesia; and third, social justice and SDGs-based online gambling regulation for Muslim-majority countries. A qualitative approach, including case studies, in-depth interviews with legal experts, and document analysis in both countries, was employed. The findings show that Malaysia’s implementation of progressive Islamic law has been effective in managing online gambling, promoting social justice, and reducing financial and mental health impacts. In contrast, weak law enforcement in Indonesia exacerbates the social issues related to online gambling. The research concludes that Malaysia’s approach has successfully regulated online gambling and supported SDG achievement. Therefore, Indonesia should consider adopting more progressive Islamic legal principles to enhance law enforcement and reduce the social harms of online gambling.

Strategic Solutions for Women’s Empowerment through Islamic Social Finance in Light of Maqaŝid Sharia: A Delphi-ANP Approach

2025-05-31T18:56:39+07:00

Women in Indonesia continue to face challenges in achieving economic and social independence. In fact, in Islamic law's framework, particularly Maqāṣid Syarī’ah's, Islamic Social Finance (ISF) emerges as a pivotal instrument for advancing women's empowerment. This study aims to identify key problems and strategic solutions for women's empowerment through Islamic social finance while predicting the future direction of empowerment itself. Utilizing the Delphi Analytical Network Process, this research conducted literature reviews, focus group discussions, and expert interviews across academia, practice, and regulatory bodies. The findings highlight critical problems from three dimensions for enhancing women's welfare: women's limited time since they have multiple roles (wife and mother) (0.116), capital provision from Islamic social finance institutions without assistance (0.200), and lack of shared information to muzakkī/donors on the importance of empowering women (0.315). Key strategic solutions include addressing essential needs prior to empowerment (0.054), customizing programs to recipients' interests (0.053), and providing financial literacy training (0.052). For Islamic social finance institutions, priorities include creating a comprehensive empowerment framework (0.137), fostering collaborations (0.128), and enhancing institutional capacities (0.115). Improving funding transparency (0.315) and channeling funds through institutions (0.221) are crucial in donor engagement.

Mapalus Tradition: North Sulawesi Muslim Society in the Maqashid Syariah Discourse

2025-05-31T19:14:12+07:00

This research explores the alignment and divergence of the principles of Mapalus with Islamic legal and ethical frameworks, contributing to the broader discourse on integrating local wisdom with Islamic values in multicultural societies. Mapalus, a communal tradition rooted in the Christian-majority Minahasan society, has been adopted by the Muslim minority by applying Maqāṣid Syarī’ah principles, particularly in community well-being, justice, and property protection. Through empirical data from interviews with religious leaders and community members, the study highlights how Islamic jurisprudence guides modifications to traditional Mapalus practices, ensuring compliance with religious obligations while preserving core cultural values. The research reveals that while Islamic values of justice, reciprocity, and mutual assistance align with Mapalus' cooperative ethos, certain rituals require adaptation or exclusion to adhere to Islamic law. This integration is facilitated by the involvement of religious leaders, who mediate potential conflicts and help maintain social harmony. The study concludes that Mapalus is a model for successfully integrating local wisdom with Islamic values in a multicultural context, demonstrating the flexibility of cultural practices and religious principles in fostering unity and cooperation across diverse communities.

Efforts to Moderate Islamic Law Understanding through Hadith Studies in Aceh and West Sumatra Mosques

2025-05-31T19:29:44+07:00

This study aims to portray mosques' contribution in Islamic study gatherings; examine preferred subjects of the gathering in Acehnese and West Sumatra mosques; and acquire a moderate understanding of hadith and Islamic law at the locus. It uses an empirical legal method combined with Weber's theory of social action. Data were collected through in-depth interviews, observation, and document studies. The study found that the mosque has long been playing a big role in facilitating pengajian (Islamic study gathering), including that of Islamic law and hadith subjects. However, the intensity or frequency is still relatively low in both Aceh and West Sumatra, so hadith studies are still rarely held in these two regions. The role of mosques as a place to gain a moderate understanding of Islamic law from the study of hadith study gathering (pengajian hadith) is important even though it is not yet optimal. In Weber's perspective, a person's social actions will be influenced by an understanding one considers correct, which will then become a religious practice. A moderate understanding of Islamic law will emerge then lead to harmony and tranquility in society.

Smoking, Hijab and Gender Identity: Social Jurisprudence Perspective on Indonesian Muslim Women in Café Bars

2025-05-31T20:10:35+07:00

Indonesian Ulema Council (MUI) in 2009 declared that smoking is ḥarām for women, and children, or when held in public places. However, these practices still happen now. It triggers researchers to explore; how the wider social environment regulates the process of internalization and normalization of smoking among Muslim women and the uninvited norms that are religious and social; how religion, gender, and socio-cultural relations shape the attitudes and behavior of Muslim women smoking, and; how social jurisprudence views those problems. This study uses a qualitative approach, which includes observation, interviews, and a literature review with descriptive analysis that considers the principles of social jurisprudence in socio-religious relations. Conducted with an interpretive qualitative paradigm and from a phenomenological epistemology, the study employs the habitus theory by Pierre Bourdieu as well as agency, piety, and embodiment by Eva F. Nisa to explore the intersectionality of faith, culture, and individual agency. Five Muslim women interviewed from five different provinces of Indonesia show how religious ideals clash with gender norms and modernity. The study indicates that familial factors, peers, and media socialization overshadow religious prohibitions against smoking. People adjust religious teachings to specific situations in the way they want since they do not wish the fatwa to control their lives. The café bar is a counter space where women perform defiance and assert ethnic otherness while adhering to patriarchal and religious expectations. Tobacco advertising, in particular, relates views of smoking to economic factors that also contribute to the associated stereotypes of modernity and freedom.

Realizing Food Self-Sufficiency Based on Syirkah bi al-Muzāra’ah Contract in Nusantara Capital City; A Proposal

2025-07-10T09:45:35+07:00

This research focuses on the situation of food needs in the new National Capital due to the increasing number of population movements. Its purpose is to analyze the role of the government in realizing proposed food self-sufficiency based on syirkah bi al-muzāra’ah scheme in the Nusantara Capital City area. It used an empirical juridical method that examines the correlation between the principles of sharia economic law and the place or environment studied, namely the Nusantara Capital City. The results of this study show that the role of the government in realizing proposed food self-sufficiency based on the syirkah bi al-muzāra’ah contract in the Nusantara Capital City is evident from 3 (three) elements in the theory of the legal system, namely: First, the legal structure in which the government plays a role as a provider of capital (ṣāḥib al-māl) and infrastructure in realizing food self-sufficiency. Second, the legal substance requires the role of the government in forming strong regulations to achieve food sufficiency in the Nusantara Capital City area. Third, the legal culture so that the concept of syirkah bi al-muzāra’ah can be carried out by complying with local customary norms that are harmonized with sharia principles.

Child Marriage in Villages: Misuse of Ijbār, Structural Discrimination, and Best Interest of the Child Dismissal

2025-07-11T09:45:57+07:00

Despite ongoing global efforts to end child marriage, the practice remains widespread in Indonesia. In 2024, Pasuruan recorded some of the highest child marriage rates. Ngantungan Village in Pasrepan is a striking example of how entrenched cultural beliefs and economic pressures continue to drive the trend. This study investigates how structural discrimination—primarily through the practice of ijbār (coercive guardianship) in Islamic legal interpretation—clashes with the best interests of the child (BIC) and perpetuates early marriage. Fieldwork included interviews with religious authorities, local officials, guardians, and young people involved in these marriages. The findings reveal that although Islamic jurisprudence allows guardians to arrange underage marriages under certain conditions, ijbār is frequently misapplied in ways that ignore girls' autonomy and strip them of their right to participate in life-changing decisions. In Ngantungan, traditional myths—like the belief that rejecting too many proposals dooms a girl to lifelong singleness—create social pressure, particularly for girls from low-income families with little formal education. For many, early marriage is seen not as a choice but as the only viable escape from economic hardship. Tackling this issue calls for more than legal reform. It demands a cultural shift, localized education initiatives, and financial support programs that offer meaningful alternatives and disrupt the cycle of child marriage.

Resistance of Micro, Small, and Medium Enterprise Owners to Halal Labeling Policy within Islamic Law Framework

2025-08-04T21:58:07+07:00

This study analyzes how resistance to halal labeling policies among Micro, Small, and Medium Enterprises (MSME) owners has influenced the experiences and challenges in educating about and implementing halal food policies in Indonesia, and even globally, particularly among food and beverage providers serving daily meals to the public. The MSME owner respondents interviewed for this study have been operating their businesses for a relatively long time and have been selling food and beverages without a halal label. A questionnaire was used to collect data on the reasons for rejection and its prevalence. Semi-structured interviews were conducted to explore key topics within thematic narratives. The research found that MSME owners’ resistance to halal labeling occurred covertly. This resistance stemmed from the miscommunication of the halal labeling policy and the differing understanding of halal standards among MSME owners, religious perspectives, and government regulations. Objections to the complex procedures and costs involved were also significant factors contributing to this resistance. MSME owners have not yet recognized the benefits of halal labeling for business growth and innovation, and instead, focus primarily on the immediate survival of their businesses to meet daily needs. MSMEs need assistance from other parties to advance and innovate. The resistance and contestation of halal values in MSMEs could potentially lead to violations of the principles of Islamic law, particularly in production and consumption.

The Diversity of Islamic Javanese Kings’ Waqf Management: Ruislag and Various Social Conflicts

2025-08-05T20:47:05+07:00

The main benefit of waqf (endowment) assets is fundamentally for the welfare of the community. However, various conflicts often occur within waqf management, such as among nāẓir (waqf managers) and bureaucrats, including that on waqf ruislag (ibdāl) in Kendal, Semarang, and Demak affected by the national road project. Taking the cases as a sample, this research aims to explore various management and utilization of waqf assets, to examine diversity in land exchange involving waqf lands from Javanese kings, and to uncover various conflicts in management and exchange of waqf assets. This study employs a socio-anthropological approach with qualitative analysis. Data were collected through interviews with nāẓir, officials from the Ministry of Religious Affairs, and engaging foundation's staff. Additionally, the research involved reviewing waqf asset records, examining documents, and conducting necessary observations. The findings of this study are: First, a wide variety of waqf assets are managed in different forms, serving various purposes such as education, healthcare, and other social benefits services. Second, as some waqf assets have been impacted by the national road project, ibdāl waqf, when considered for maṣlaḥah ‘āmmah (public benefit), took place under consideration that a particular Islamic law school and Law No. 4 of 2004 allowed it. Third, the ibdāl has given rise to various conflicts involving waqf institutions, foundations, or legal entities. Therefore, conflict prevention is very important for waqf asset governance based on nāẓir collective awareness, regulations, and resolution.