AL-IHKAM: Jurnal Hukum & Pranata Sosial

Islamic Mass Organizations Figures’ Views on Ulī al-amr: Implications for Indonesian Democracy and Compliance with The Government

Busyro Busyro — 2025-12-31

Diverse views among Indonesian Islamic mass organizations’ figures over the existence of the Republic of Indonesia and obedience issue to the government became a topic of discussion, particularly when the government’s decision about religious issues differs from that of organization. This study aimed to find out in depth about views on ulī al-amr among figures from some Indonesian Islamic mass organizations and the issue of obedience to it within a democratic state system. This research is descriptive qualitative, using focused interviews in data collection. It is inductive in nature, which aims at developing process-oriented theories or values and data. The findings of the research showed that the representative figures recognize the Indonesian government as ulī al-amr, including ahlu al-bayt Indonesia, who prefer not to use the term because it is related to the requirement of chastity (‘ismah). This recognition implied an obligation to obey the Indonesian government, even though it is run by a democratic system, not Islam. As for matters related to specific religious regulations, such as determining the beginning of Ramadan, Shawwal, etc., differences from the government are not deemed as deviating from ulī al-amr, considering the democratic nature of the state, in which it provides opportunities to be diverse and recognizes those differences.

Sidikare as Kinship-Based Dispute Resolution of Sasak Muslim within the National and Islamic Law Framework

⁠Nisfawati Laili Jalilah — 2025-12-31

The existence of Sidikare as a dispute resolution mechanism within the Sasak Muslim community in Lombok offers a more efficient, affordable, and culturally appropriate alternative to formal litigation. Emphasizing kinship-based mediation and communal dialogue, Sidikare reflects local values while avoiding unnecessary external intervention. This research aims to 1. examine Sidikare as a kinship-based dispute resolution mechanism practiced within the Sasak Muslim community while identifying it in the context of Indonesia’s national legal system, 2. analyze how Sidikare functions as an effective alternative to formal legal mechanisms in resolving family-related conflicts, 3. explore the alignment between Sidikare and Islamic legal principles (ṣulḥ, ‘urf, maṣlaḥah). It employs a normative and sociological legal approach with an empirical juridical methodology. Data were collected through non-participatory observation, unstructured interviews, and documentation in the village of Binneneman Mantang, Central Lombok. The findings reveal that Sidikare is not only effective in addressing communal conflicts but is also perceived by locals as embodying Islamic moral and ethical values, despite its non-formal status. While its legal power remains weak under national customary law politics, Sidikare fulfills the legal needs of the community by offering swift, harmonious, and non-adversarial dispute resolution. The study concludes by recommending the formal recognition and preservation of Sidikare as a complementary Islamic-local institution within Indonesia's plural legal landscape, especially amid modern legal demands.

Suicide in Manggarai, Eastern Indonesia: Comparative Perspectives from Islamic, Catholic, and Indigenous Law

Fransiska Widyawati — 2025-12-31

Suicide is a complex phenomenon that affects individuals and society, demanding global attention and requiring diverse approaches to be fully understood. This article presents a comparative study of suicide, analyzing both its conceptual and practical aspects within the frameworks of Islamic law, Catholic law, and customary law. For the conceptual analysis, a literature review focusing primarily on Islamic and Catholic law was utilized, while for the practical aspects in religious and customary communities, an ethnographic method was utilized. The research reveals both similarities and differences in how Islamic, Catholic, and local customary laws view suicide. All three perspectives condemn suicide as an act that contradicts life and violates their respective legal and moral codes. Although local cultural practices and the religious traditions in Manggarai—including both Christianity and Islam—generally disapprove of suicide, community responses to it vary. Religious approaches tend to be legalistic, individualistic, and moralistic, whereas Manggarai customary law emphasizes a communal, solution-oriented, and harmonious approach. This study contributes to the understanding of interfaith and intercultural perspectives as essential in addressing social issues, including suicide.

Redesigning Healthcare Waqf: Key Characteristics and Strategic Models for Indonesia Using the Delphi–Likert Approach

Sulistyowati Sulistyowati — 2025-12-31

This study explores the essential characteristics of healthcare waqf and proposes context-appropriate models for implementation in Indonesia. Employing the Delphi method alongside a Likert scale, expert consensus validated 23 out of 31 proposed characteristics, with significant agreement indicated by Kendall’s W. The identified healthcare waqf types include clinics, general hospitals, children’s hospitals, and specialist hospitals. These institutions can be financed through a blend of Islamic social and commercial finance and managed by a subsidiary, third party, or nāẓir (waqf manager). Based on these characteristics, four models are proposed: social, simple productive, innovative productive, and integrated social-productive healthcare waqf models. These models aim to provide accessible healthcare services for both underserved populations and the general public. While designed for Indonesia, the study’s methodological approach and conceptual framework can be adapted for application in other contexts. This research offers a novel foundation for developing effective, sustainable healthcare waqf initiatives.

Reevaluating Nafkah Obligations: Female Muslim Scholars’ Insight and Ethics of Gendered Finance in Indonesian Families

Nur Fadhilah — 2025-12-31

This study investigates how the Islamic legal obligation of nafkah, or spousal financial support, is reinterpreted in Muslim families in Indonesia through the lens of maqāṣid al-usrah. It aims to explore how gender dynamics, legal consciousness, and economic realities reshape the meaning and practice of nafkah beyond traditional legal prescriptions. Employing a qualitative socio-legal method, the research integrates doctrinal analysis with empirical insights drawn from in-depth interviews with seven female Muslim scholars from pesantren-based and higher education academic communities in East Java. Thematic analysis based on the principles of maqāṣid al-usrah reveals that while formal Islamic law defines nafkah as a unilateral male duty, lived experiences reflect a more collaborative and ethically responsive understanding. Informants demonstrate that financial responsibilities are frequently negotiated based on capability, mutual trust, and emotional stability, embodying values such as justice, compassion, and shared responsibility. The study further highlights how socio-cultural norms and internal religious reasoning influence women’s choices to either uphold or pragmatically reinterpret nafkah obligations. These findings underscore the relevance of maqāṣid-based approaches in bridging doctrinal ideals with everyday realities, offering a pathway for reforming Islamic family law toward greater gender equity and contextual sensitivity.

Al-Ta’bîr al-Siyâsî lî al-Muslîmîn al-Shînîyîn bî Jember fî Mandzûri fiqh al-Siyasah: Aghlabiyah Dîniyah wa Aqalliyah ‘Arâqiyah

Moh. Syaeful Bahar — 2025-12-31

This study examines how Chinese Muslims in Jember, Indonesia, negotiate their unique position as an ethnic minority within a religious majority through the lens of fiqh al-siyasah (Islamic political jurisprudence). Using a qualitative approach that combines in-depth interviews with community leaders, participant observation, and documentary analysis, the research reveals three main patterns of political expression: a response of avoidance justified by the principle of preventing means to ends, an adaptive response rooted in expediency through strategic alignment with the Nahdlatul Ulama and limited individual participation. At the socio-religious level, Chinese Muslims have devised a complex dual-identity strategy that preserves Chinese cultural authenticity and Islamic orthodoxy through the creative application of the principles of custom, the distinction between custom and worship, and the architectural-ritual synthesis embodied in the Muhammad Cheng Ho Mosque. Their positions on contemporary theological-political issues—the Ahok blasphemy case, the call for a caliphate, fundamentalist movements, and Indonesian democracy—demonstrate a sophisticated application of political jurisprudence concepts, including siyasah syar’iyah, maqasid al-sharia, istihsan and istishlah. The study contributes theoretically by expanding fiqh siyasah to include ‘composite minorities’—ethnic minorities within religious majorities—and practically by showing how classical fiqh principles can provide a flexible yet sound framework for Muslim minorities navigating complex pluralistic contexts. The findings confirm that Islamic jurisprudence is inherently dynamic and contextual (rulings change with changing circumstances) and that creative cultural-religious synthesis can achieve social integration without compromising doctrinal fundamentals.

Best Interest of the Child (Ḥifẓ al-Awlād) Principle in Adjudicating Marriage Dispensation for Under-Age Couples

Moch. Nurcholis — 2025-12-31

Since the enactment of Law Number 16 of 2019, which amended Law Number 1 of 1974 on Marriage, the Religious Court of Malang Regency has experienced a significant surge in marriage dispensation applications compared to the period when the previous Marriage Law was still in effect. This research aims to construct the concept of maqāṣid asy-syarī’ah fī ḥifẓ al-awlād by analyzing judicial reasoning of judges in determining marriage dispensations at Malang Regency Religious Court. It specifically explores how judges’ interpretations of the best interests of the child can be formulated into a new derivative of maqāṣid theory. This research is a normative-empirical juridical research with a case approach. The data were collected through interviews with three male judges and two female judges from the Religious Court of Malang Regency. Informants were selected using purposive sampling, targeting judges with the most extensive experience in handling marriage dispensation cases. As data saturation had been reached, the number of informants was deemed qualitatively representative. Data were also obtained from official documentation of legally binding marriage dispensation rulings (inkracht van gewijsde). All data were analyzed using a descriptive-analytical approach, and conclusions were drawn through the application of an interactive cyclical method. The principle of the best interests of the child in determining marriage dispensations aims at providing protection for the child, both physically and psychologically. It includes the age of the prospective bride and groom, economic adequacy, reliable guidance and assistance from the family, and adequate religious safety and protection of children in the womb.

Legal Harmony: Integration of Customary, National, and Islamic Criminal Law in the Toraja Ma’rambu Langi

Islamul Haq — 2025-12-31

This research explores the integration of customary law, national law, and Islamic criminal law through a case study of ma’rambu langi in the Toraja community by firstly examining its effectiveness. Ma’rambu langi is a form of customary sanction imposed for severe moral violations, such as adultery and other breaches of local traditions. This sanction aims not merely to punish, but to restore social harmony through symbolic and public acts of moral responsibility. The offender is required to confess the wrongdoing and seek reconciliation with the community. The research adopts a qualitative method using semi-structured interviews with traditional leaders, community members, and legal practitioners, along with document analysis that includes customary case archives, court decisions, and relevant academic literature. The findings reveal that ma’rambu langi plays a significant role in maintaining social order, preventing the recurrence of offenses, and reinforcing the authority of customary law. Moreover, the study indicates that elements of this customary practice resonate with values in both national and Islamic criminal law, particularly in emphasizing restorative justice and communal integrity. The research contributes to ongoing discussions on legal pluralism in Indonesia, suggesting that harmonizing customary, national, and religious legal systems can enrich the development of a more inclusive, context-sensitive, and sustainable legal framework. It also emphasizes the importance of recognizing local wisdom in addressing moral and social issues while ensuring compatibility with broader legal principles and human rights norms.

Women Judging Women: Gender Sensitivity in the Decisions of Divorce Cases of Indonesian Religious Courts

Asni Asni — 2026-01-22

This article examines patterns of gender sensitivity in divorce rulings issued by female judges in Indonesian Religious Courts and analyzes the factors shaping their judicial reasoning. Using an empirical legal research design, the study combines document analysis of selected divorce decisions with in-depth interviews of female judges in several Religious Courts across Sulawesi. Guided by Alimatul Qibtiyah’s framework of gender sensitivity, the findings identify two dominant patterns: moderate and progressive. The moderate pattern is reflected in judicial reasoning that balances religious norms with social realities, emphasizing maṣlaḥah, harm prevention, and the psychological welfare of women and children within existing legal frameworks. The progressive pattern is evident in decisions that explicitly recognize domestic violence, economic neglect, and psychological abuse, and actively enforce women’s post-divorce rights, including nafkah ‘iddah, mut’ah, past maintenance, and child support, even in wife-initiated divorce cases. These patterns are influenced by factors such as gender-based empathy, professional experience, judicial training, and the implementation of Supreme Court regulations on gender-sensitive adjudication. This study highlights the role of female judges in advancing substantive justice in Islamic family law and underscores the importance of strengthening institutional support to ensure consistent protection of women’s rights in Religious Courts.

Islamic Law Understanding and Female Breadwinners: Gender Equity or Economic Demand?

Abdul Basith Junaidy — 2026-01-22

The female breadwinners among Muslim families nowadays is growing significantly, while male is obligated to provide for family needs in Islam. The number of female breadwinners in Kropak village, Probolinggo, for instance, has grown despite of its devout Muslims’ society. The article aims to reveal the reasons driving the rise of female breadwinners in Kropak Probolinggo and to analyze the phenomenon through the lens of Islamic law. The article employs a qualitative method, using case study approaches and uṣūl al-fiqh theory. Data are collected from in-depth interviews and documentation. The research shows that there are two reasons driving the phenomenon of female breadwinners in Kropak, Probolinggo, namely economic needs and lifestyle. The motives of women playing the role comprise the intention of supporting household expenses, caring for family members, or fulfilling the need for lifestyle. Some wives consider their breadwinner’s role as a necessary obligation, while others reluctantly accept it. In the lens of Islamic law, women are allowed to work, but Islamic scholars have different opinions on whether financial support by a wife is considered as a husband’s debt or as a condition allowing husbands to get rid of their responsibility. The article provides brief explanatios of the motives and Islamic law lens on female breadwinners’ phenomenon in Kropak Probolinggo.

Evaluating Halal Certification Assessment on Madurese Tourism Destination

Shofiyun Nahidloh — 2026-01-22

This study assesses halal certification and implementation of halal tourism practices in selected tourist destinations on Madura Island, Indonesia, namely Pasarean Syaikhona Kholil, Asta Tinggi, Lon Malang Beach and Bukit Tinggi Daramista. Using a qualitative case study design, data were gathered through in-depth interviews, focus group discussions, participant observation and document analysis and were evaluated using halal tourism indicators derived from Islamic jurisprudence, national halal certification regulations, and ulama-based guidelines. The findings indicate that although these destinations do not formally designate themselves as halal tourism sites, they have substantially integrated halal tourism principles into their management and services as reflected in the availability of halal food and beverages, adequate worship facilities, cleanliness and sanitation, the absence of non-halal activities and strong managerial commitment to Islamic values supported by religious authorities. From the perspective of Islamic law particularly through the framework of maqāṣid asy-syarī’ah, fiqh mu’āmalah and fiqh al-ʿādāt, these practices demonstrate substantive compliance with Syarī’ah objectives in safeguarding religious observance, public welfare, moral integrity and economic justice. Nevertheless, the persistence of partial halal certification, limited disability-friendly infrastructure and fragmented Islamic information systems underscores the need for gradual institutional strengthening, improved regulatory coordination and closer collaboration with halal certification authorities to enhance the sustainability and legal certainty of halal tourism development in Madura.

Considering the Principles of Patrilineal Inheritance between Religions: Negotiations of Islamic and Customary Law

Sri Wahyuni — 2026-01-22

This study examines the dynamics of patrilineal inheritance principles in Balinese and Sasak Lombok societies through a sociological-historical approach. In particular, it explores the influence of Balinese customary law into the Sasak inheritance system and its implications for women's rights from a comparative legal perspective. Using qualitative methods through field observation and in-depth interviews, the study revealed that both systems prioritized male heirs. However, there is a fundamental difference: Balinese inheritance is closely related to the Hindu system of worship (Brahmasthana), while Sasak inheritance acts as customary law that is currently contested by Islamic inheritance principles (fiqh al-mawārīṡ). The findings suggest that although Balinese influences remain visible in the Sasak cultural structure due to historical ties to the Kingdoms of Gelgel and Karangasem, increased legal awareness among Sasak Muslim women has triggered a shift. Unlike in Bali, where inheritance is religiously binding, Sasak people increasingly negotiate the teaching by giving women a specific portion of the inheritance. This study argues that the practice of Sasak inheritance represents a dialectical space in which 'urf (custom) and sharia are in constant negotiation.