Al-Hurriyah: Jurnal Hukum Islam Journal Title : Al-Hurriyah: Jurnal Hukum Islam ISSN : ISSN 2549-3809 (print) | ISSN 2549-4198 (online) DOI Prefix : Prefix 10.30983/alhurriyah by Crossref Editor in Chief : Prof. Dr. Nofiardi, M.Ag Managing Editor : Hanif A'la Ilhami, S.H, M.H Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi Frequency : 2 issues per year (June and December) Citation Analysis : Scopus | SINTA | Google Scholar Al-Hurriyah: Jurnal Hukum Islam is a refereed religious studies journal that aims to comprehensively integrate dimensions of Islamic law conventionally regarded as separate and strengthen the efficiency of human intellectual progress. Al-Hurriyah Jurnal Hukum Islam is a double-blind peer-reviewed journal published by Sharia Faculty, Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi, West Sumatra, Indonesia. The journal publishes research articles and conceptual articles of Islamic law and Islamic law (See Focus and Scope). The articles of this journal are published 2 times a year; June and December. From the beginning of its publication in 2003 with a printed version manually under the name Al-Hurriyah, and in 2016 changed its name to Al-Hurriyah: Jurnal Hukum Islam and has followed the Open Journal System (OJS) and has been registered with Crossref. All articles published by Al-Hurriyah Jurnal Hukum Islam have a DOI number. Al-Hurriyah Jurnal Hukum Islam is also indexed by a Sinta, Google Scholar, Moraref, Garuda, copernicus and See More In 2022, Al-Hurriyah Jurnal Hukum Islam has been reaccredited by Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 204/E/KPT/2022. This reaccreditation is only effective on publication Vol 3. No 2. 2019 (Sinta 3). Journal Secretariat: Data Center Building, 2nd floor, State Islamic University of Sjech M. Djamil Djambek Bukittinggi. Gurun Aua St, Kubang Putih, Banuhampu, Agam - West Sumatra - Indonesia.
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
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The Dynamics of Legal Protection in Indonesia Against the Role of the Second Wife
This article aims to comprehensively examine polygamy from various perspectives, with a particular focus on the legal protection afforded to second wives within polygamous practices in Indonesia. It explores the complex dynamics experienced by women who occupy the position of a second wife, including their roles, rights, and social perceptions. Furthermore, this study seeks to deconstruct the existence and identity of women in polygamous marriages by critically assessing the challenges they face and the efforts made to safeguard their legal and social well-being. Employing a qualitative research approach, this study utilizes Simone de Beauvoir’s existentialist feminism theory as an analytical framework to understand how women’s roles in polygamy are constructed and contested within patriarchal legal and social systems. The findings reveal that, although polygamy is permitted under Indonesian law, its practical implementation often leads to various injustices, particularly in the form of legal uncertainty and limited protection for second wives. These women frequently encounter stereotyping, social stigma, discrimination, and even the threat of criminal consequences when the polygamous marriage is carried out without the consent of the first wife. This article advocates for the reconstruction of the identity and social role of second wives, emphasizing the need for comprehensive legal reforms, increased public awareness, and the promotion of marriage registration to ensure the fulfillment of women’s rights and the creation of a more equitable marital framework in polygamous settings.
Copyright (c) 2025 Suharti Suharti, Suci Ramadhani Putri, Nizamudin Nizamudin, Baiq Ratna Mulhimmah https://creativecommons.org/licenses/by-sa/4.0
Gender Discourse in Islamic Family Law Between Text and Context
Islam does not differentiate between men and women, skin color, or any other natural differences. In practice within society, women bear dual responsibilities such as cooking, washing, raising children, taking care of their husbands, and providing sexual services. In addition to earning a living and doing household chores, women also participate in activities. Women are viewed negatively if they neglect household responsibilities. Author's finding: that men only have one responsibility to earn a living, which certainly does not compare to women who do many things. This research uses literature study and qualitative field study. The findings and discussions include a review of qualitative research methods, literature studies, and field studies as a whole, or a combination of both. Furthermore, the data is analyzed using critical analysis techniques. The novelty in this research is "the ideal family relationship structure and gender equality through the cooperation of men and women." In families, gender partnership encompasses aspects such as the division of roles and tasks, transparency, accountability, and good governance. By following Islamic discourse, gender partnership can establish fair and equal gender relationship patterns in family life. This will prevent injustice or harm in the form of an inability to perform family duties.
Copyright (c) 2025 Erna Dewi, Syamsiyah Nur, Badai Hasibuan, Muhammad Ichsan http://creativecommons.org/licenses/by-sa/4.0
Evolution of SEMA 2002 to PERMA 2016: Mediation and its Function in Family Problem Solving
Mediation in Indonesia is currently regulated by Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures in Court. This regulation refines earlier regulations—PERMA No. 2 of 2003 and PERMA No. 1 of 2008—by introducing updated definitions and reinforcing procedural requirements. Prior to these, the Supreme Court issued Circular Letter (SEMA) No. 1 of 2002 on Empowering First-Level Courts to Promote Peaceful Settlements. At that stage, mediation was only encouraged and not mandatory, serving as a recommended mechanism to resolve disputes amicably (dading). This study aims to examine the historical trajectory of mediation regulations in Indonesia, tracing the transition from non-binding recommendations in SEMA to the mandatory framework established through PERMA. It particularly focuses on the role and effectiveness of mediation in resolving family law cases within Religious Courts. Using a normative legal research method, this study relies on primary legal sources such as laws and Supreme Court regulations, as well as secondary sources including scholarly journals, academic books, and related literature. Findings reveal that SEMA No. 1 of 2002 marked the initial push for judges to take an active role in peaceful dispute resolution. This effort evolved into formal legal obligations with the issuance of PERMA No. 2 of 2003, its revision in PERMA No. 1 of 2008, and its refinement in PERMA No. 1 of 2016. The latter emphasized the requirement of good faith in mediation and introduced legal consequences for parties failing to comply.
Copyright (c) 2025 Rahma Pramudya Nawangsari, Citra Widyasari S https://creativecommons.org/licenses/by-sa/4.0
Analysis of Law No. 11 of 2012 on the Protection of the Rights of Children Who Commit Crimes from a Legal Sociology Perspective
Copyright (c) 2025 Erik Wibowo, Humaidi https://creativecommons.org/licenses/by-sa/4.0
Sexuality and Gender Neutral for Men in the Perspective of Maqashid Al-Shari'ah
This paper explores the development of contemporary gender discourse that seeks to deconstruct traditional masculine expression in men. While framed as a movement toward inclusivity and freedom of identity, this phenomenon carries potential risks of eroding Islamic religious values and destabilizing social balance (tawazun) as protected by Sharia through its primary sources: the Qur’an, Hadith, and Fiqh. Such disruption has broader implications for weakening the family institution, which functions as a fundamental social pillar in Islam. The shift in gender expression is viewed as a direct challenge to the principle of dharuriyat in Islamic jurisprudence, particularly with respect to hifz al-nasl (protection of lineage), hifz al-nafs (protection of life), and hifz al-din (protection of religion). Furthermore, it raises concerns of moral decadence in contemporary society. The research employs a qualitative descriptive method with a literature-based approach, drawing upon classical and modern Islamic legal scholarship, contemporary studies on non-binary gender identities, sociological reports, and other relevant academic sources. Data are analyzed through the conceptual framework of Maqasid al-Sharia, which provides both normative and contextual insights. The findings reveal a paradigm bias that blurs the distinction between biological sex and socially constructed gender. In Islamic thought, sex is an innate and divinely ordained attribute, while gender roles are understood as differentiated yet complementary expressions of masculinity and femininity. From the perspective of Maqasid al-Sharia, maintaining the integrity of gender expression in accordance with human fitrah is classified as a dharuriyat necessity, essential for sustaining moral order, protecting the family, and ensuring long-term social stability.
Copyright (c) 2025 Rafik Patrajaya, Aris Sunandar Suradilaga, Anas Maulana https://creativecommons.org/licenses/by-sa/4.0
Suku Duo Piak: Representation of Solidarity in the Wedding Feast Tradition in the Village of Semerah
In the midst of the development of the times, the tradition of mutual cooperation in wedding ceremonies is still a bond of togetherness in rural communities. This study examines the tradition of walimah in Semerah Village, which not only involves cooperation between residents, but also the practice of recording and returning donations as a way to maintain social relations. The purpose of this study is to understand how this tradition strengthens the sense of togetherness or solidarity between residents. This study uses a qualitative approach with observation, interviews, and documentation as data collection techniques. The analysis was carried out descriptively to reveal the social meaning in each stage of the event. The results of the study show that mutual cooperation and the donation system in this tradition are not only about helping, but also a way to maintain balance and strengthen relations between residents. Recording donations serves as a reminder of relationships and a form of shared social responsibility. Traditions like this are important to maintain because they are a real example of how the value of togetherness remains alive even though the times continue to change.
Copyright (c) 2025 Ayura Rahmadhani Fitri, Zufriani Zufriani, Nuzul Iskandar https://creativecommons.org/licenses/by-sa/4.0
Analysis of U.S. Geopolitical Impact on Taiwan’s Semiconductor Market through Sharia Principles
The semiconductor industry in Taiwan, led by the Taiwan Semiconductor Manufacturing Company (TSMC), plays a strategic role in maintaining global technological and economic balance. Escalating geopolitical tensions between the United States and China have reshaped the dynamics of this industry, as the U.S. implements restrictive policies on semiconductor exports to China and promotes supply chain diversification through legislation such as the CHIPS and Science Act of 2022. This study aims to analyze the geopolitical impact of U.S. policies on Taiwan’s semiconductor market through the lens of Sharia economic principles, which emphasize justice (adl), balance (mizan), and the promotion of public welfare (maslahah). Employing a qualitative descriptive approach combined with a sociological legal method, the research collects data through in-depth interviews with semiconductor industry experts, scholars of international trade law, and Islamic economic theorists. Document analysis was also conducted on policy texts, Bureau of Industry and Security (BIS) reports, export control regulations, and relevant trade statistics from WSTS and SEMI. The findings reveal that while U.S. initiatives offer short-term advantages to Taiwan by enhancing technological security and global competitiveness, they also generate long-term vulnerabilities such as dependency risks, unequal market access, and potential ethical imbalances. Viewed through Sharia principles, these dynamics highlight the importance of fairness, mutual benefit, and sustainability in global trade governance. The study concludes that applying Islamic ethical frameworks can contribute to a more just and balanced semiconductor market in the evolving geopolitical order.
Copyright (c) 2025 Adam Adesina Muhammad-Lawal, Nik Md Saiful Azizi Nik Abdullah, Faisal Efendi, Fadli Januaris https://creativecommons.org/licenses/by-sa/4.0
Dynamics of Agency and Ideological Dominance: Constructing Female Identity in Radical Networks in Indonesia
This study aims to examine how radical ideologies shape the construction of women’s identities and influence their perceptions of social roles in Indonesia. Using a qualitative descriptive approach, the research combines in-depth interviews with women involved in extremist networks and literature analysis to capture the social and psychological dimensions of their experiences. The findings reveal that radical ideologies provide alternative identity frameworks that differ from traditional narratives portraying women as passive or subordinate. Instead, these ideologies offer a sense of empowerment, belonging, and purpose, attracting women who feel marginalised or dissatisfied with their societal positions. The study also finds that women’s involvement in radical groups can simultaneously challenge patriarchal norms while reinforcing ideological control under extremist structures. This duality illustrates how radical movements reconstruct gender roles and redefine women’s participation in sociopolitical life. The research concludes that dissatisfaction with social inequality and the search for meaning are key drivers of women’s radicalisation. Therefore, understanding the identity dynamics within this process is crucial for developing effective gender-sensitive strategies to prevent extremism. The article contributes to the broader field of gender and radicalisation studies by providing empirical insights into how women negotiate power, identity, and ideology in the context of Indonesian society. This study aims to determine the position of women as witnesses in Islam. Islam as a religion has legal principles that define women's roles and responsibilities in various areas of life, including as witnesses in Islamic law. This study examines the Islamic view of women as witnesses, evaluates the legal norms governing women's participation in testimony, and analyzes the application of these principles in Islamic jurisprudence. The research method analyzes classical Islamic texts such as the Quran and Hadith to understand the legal basis of women's testimonial role. In addition, the research also examines the various interpretations that have emerged on this topic in the Islamic tradition. The results of this study can provide a deeper understanding of whether the status of women as Islamic witnesses is in accordance with the principles of gender justice and equality and how the concept is implemented in contemporary Islamic jurisprudence. This research is expected to contribute to the literature on the role of women in the Islamic legal system, provide a balanced view on gender issues in the context of testimony and provide a discussion on the importance of Islamic values in the legal system of Islamic values in modern society.
Copyright (c) 2025 Ikhwanuddin Abdul Majid, Valensius Ngardi, Utama Wardi, Sahrul Sori Alom Harahap, Nur Afdhal https://creativecommons.org/licenses/by-sa/4.0