Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum

Reconstructing the Concept of Uang Panai in South Sulawesi: A Maqāṣid al-Sharī‘ah Approach for Revitalizing Women-Friendly Islamic Values

Yanuriansyah Ar Rasyid — 2024-08-06

Uang panai is a significant issue that often hinders individuals from getting married due to the high financial demands imposed by the bride's family. These demands can sometimes thwart marriage aspirations. This study explores the reconstruction and revitalization of uang panai using Muhammad Syahrur's limit theory to make it more affordable and achievable for men. The research adopts a descriptive-analytical approach, a method that intricately describes specific phenomena or events and subsequently analyzes data to understand the emerging relationships and patterns. The findings indicate that by applying the minimum (al-hadd al-adna) and maximum (al-hadd al-a'la) limits, uang panai can be regulated based on the individual's income while maintaining the honor and dignity of the woman.

Exploring Maqāṣid al-Sharīʿah in the OIC’s Role in Addressing Muslim Minority Conflicts: A Case Study of Pattani, Thailand

Suciyani Suciyani — 2024-07-30

This study examines the efforts of the Organization of Islamic Cooperation (OIC) in addressing the conflict involving Malay Muslims in Southern Thailand. As the second-largest intergovernmental organization after the United Nations, the OIC plays a critical role in safeguarding Muslim interests globally, including minority Muslim communities. Focusing on the Pattani conflict, this study analyzes the application of Maqāṣid al-Sharīʿah in the OIC's conflict resolution strategies, which include peaceful dialogue, humanitarian aid, and cultural recognition. The study employs a qualitative approach, using library research and document analysis to explore the OIC’s interventions since the conflict's escalation in 2004. Findings reveal that the OIC's diplomatic efforts have significantly contributed to peace-building initiatives in Southern Thailand, particularly through its collaboration with Malaysia as a facilitator between the Thai Government and Malay Muslim groups. Despite ongoing challenges, the OIC continues to push for dialogue and reconciliation, underscoring its commitment to protecting the cultural and human rights of the Muslim minority while respecting Thailand's sovereignty. These efforts illustrate the OIC's broader role in promoting international peace and stability.

Comparative Analysis of the Istinbath Methods of the Shafi'i and Hanafi Schools Regarding the Role of the Wali Mujbir in Marriage Law

Asman Asman — 2024-10-30

This study provides an understanding of the differences in the istinbath methods of the Syafi'i and Hanafi schools regarding the determination of a mujbir guardian. The right of a mujbir guardian only applies to girls or widows who are still children because an adult woman is considered capable of determining her life partner without the need for the consent of a guardian. So that it can distinguish the methods of determining the law between the Syafi'i and Hanafi schools regarding the determination of a mujbir guardian. The focus of this study is the difference between the istinbath method of madzhab shafi'i and madhhab hanafi regarding wali mujbir. While the method in this study is qualitative research that is literary and the approach in this study uses a normative approach. The normative approach is an approach whose study is through the literacy of sources consisting of the Qur'an, hadith, Islamic fiqh books, books relevant to the discussion, Islamic law journals and other references related to wali mujbir. The result of this study is that in order to protect the human rights of women, this concept is not appropriate to use. Although in reality there are still many practices of the concept of wali mujbir in Indonesia, considering that madzab Shafi'i is the most followed madzab in Indonesia. But still, this is contrary to Law number 1 of 1974 which is listed in article 6 paragraph (1) chapter II.

Islamic Law and Human Trafficking: The Ethical and Legal Frameworks

Saber Rashdi — 2024-11-04

Human trafficking represents a profound violation of human rights, prompting critical examination across both Islamic and Western legal traditions. This study compares these perspectives, identifying shared values and key distinctions, with particular emphasis on the ethical and punitive aspects of Islamic law related to exploitation. Using a normative legal research methodology, this research investigates the role of Islamic law (Sharia) in countering human trafficking, viewed as a contemporary form of slavery. Through an analysis of Sharia principles, such as the sanctity of human life and the comprehensive prohibition against exploitation, this study reveals preventive strategies embedded within Islamic jurisprudence. These strategies include the elimination of exploitation sources and the prohibition of unjust enrichment at the expense of vulnerable populations. The study further advocates for an integrated approach that addresses both the physical and moral dimensions of human protection. In conclusion, this research affirms Islamic law as a comprehensive framework that aligns with international human rights efforts, notably in its decisive opposition to human exploitation and commodification.

Examining Justice! The Double Burden of Women in Indonesia from the Perspective of The Compilation of Islamic Law

Qonita Qothrunnada — 2024-11-11

This study investigates the phenomenon of the double burden faced by women in Indonesia through the lens of the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI). The double burden refers to the dual roles that women fulfill, balancing responsibilities within the household and in the public workforce. Utilizing a qualitative approach and document analysis, this research explores how the KHI addresses women’s roles and responsibilities in both spheres. Real-life cases of Indonesian women are examined to assess how interpretations of the KHI impact their experiences. Findings indicate that while the KHI acknowledges women’s participation in multiple facets of life, its implementation is often constrained by patriarchal interpretations that lack gender sensitivity. This has resulted in women bearing disproportionate responsibilities at home and work. The study underscores the need for a more progressive reinterpretation of the KHI to reduce the double burden on women, promoting gender equality and enhancing women’s welfare in Indonesia. These insights are intended to inform strategies for advancing gender equity within the framework of the KHI, contributing to broader social and legal reforms.