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
Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
The Practice of Equal Inheritance Distribution in Karangbanyu Village, Ngawi
This study explores the practice of inheritance distribution between men and women, where the majority of the community applies an equal 1:1 division rather than the 2:1 ratio prescribed in Islamic inheritance law. While the Qur’an establishes the 2:1 distribution as just and beneficial (maṣlaḥah), reflecting the distinct rights and responsibilities of men and women, the community interprets justice as equal shares. Factors influencing this practice include customary traditions, parental instructions, the desire to avoid family disputes, the longer caregiving role often carried out by daughters, and the perception that all children deserve equal rights. This research uses a qualitative juridical-sociological approach, drawing data from interviews, documentation, and supporting literature. The findings indicate that the 1:1 practice is viewed locally as fair and beneficial because it prevents conflict, maintains family harmony, and ensures individual ownership of assets. However, from the perspective of Islamic law, true maṣlaḥah lies in the 2:1 provision, which balances men’s financial duties with women’s honored but non-financial roles. The study highlights the tension between local customs and Islamic legal principles, suggesting the need for broader awareness and dialogue to align community practices with the objectives of the Sharī‘ah
Copyright (c) 2025 Setiawan Bin Lahuri, Fina Nurafni, Alfan Jawahir Muhammad https://creativecommons.org/licenses/by-sa/4.0
Child Custody Rights After Divorce in Indonesia from a Contemporary Islamic Family Law Perspective
The research explores the issue of child custody (hadhanah) in Indonesia after divorce, focusing on the challenges arising from the increasing divorce rates. It addresses the gap between classical Islamic jurisprudence, which traditionally prioritizes maternal rights, and the modern social realities that necessitate multidimensional considerations—legal, psychological, and social. The novelty of this study lies in its attempt to reconstruct the concept of child custody by harmonizing the principles of Islamic family law with the evolving needs of modern Indonesian society. This is achieved through the reinterpretation of classical fiqh texts using contemporary approaches, such as maslahah mursalah (public interest) and maqasid al-shariah (objectives of Islamic law), to align them with the principle of the best interest of the child. The research employs a qualitative methodology with a normative-sociological approach, supported by a literature review. Primary data is derived from classical Islamic jurisprudence literature and contemporary Islamic legal thought, while secondary data includes Indonesian legislation such as the Compilation of Islamic Law and the Marriage Law, alongside relevant scholarly articles. The findings reveal the urgent need to reinterpret the concept of hadhanah in a way that reflects current social, legal, and psychological considerations. The research emphasizes that harmonizing traditional sharia norms with modern social realities will enable the application of more humanistic Islamic law, thus contributing to the development of a contextual and equitable framework for Islamic family law in Indonesia. This approach helps address contemporary challenges and strengthens the adaptability of Islamic family law in the modern era.
Copyright (c) 2025 Mustafid Mustafid, Khairunnas Rajab, Arisman Arisman, Muhammad Faiz Algifari https://creativecommons.org/licenses/by-sa/4.0
The System of Proving Zina in Aceh Qanun from the Perspective of Maqashid Sharia
The provisions on proving zina in the Aceh Qanun have drawn pros and cons in society, particularly regarding the confession of adultery as stated in the MS Idi decisions Number 3/JN/2021/MS.Idi and Number 4/JN/2021/MS.Idi. According to the Aceh Qanun, a defendant's confession in proving adultery applies only to the defendant and cannot implicate their partner. The purpose of this study is to compare the system of proving adultery in the Aceh Qanun with the provisions of Islamic jurisprudence, and to analyze and evaluate these provisions from the perspective of maqashid sharia. This research is a normative legal research, referring to legal norms contained in legislation, judges' decisions, and doctrines obtained through literature. The findings indicate that the system of proving adultery in the Aceh Qanun is consistent with maqashid sharia, particularly in protecting honor (hifdz al-‘ird) and lineage (hifdz al-nasl). Adultery is considered a serious offense that can severely damage an individual’s social standing. Therefore, strict evidentiary standards are essential to prevent false accusations and social harm. If the requirements for proving adultery were loosened, it would increase the risk of abuse and defamation. Accordingly, the Aceh Qanun provision that imposes hadd qadzaf—eighty lashes—on those who accuse others of adultery without presenting four witnesses is justified and necessary. The author hopes that this research can contribute academically in the development of Islamic law and its application in Indonesia, especially in the maqashidi approach to the system of proving adultery in the Aceh Qanun.
Copyright (c) 2025 Muhammad Aulia Ramdan Daenuri, Dzulkifli Hadi Imawan https://creativecommons.org/licenses/by-sa/4.0
Disharmony of Regulation in the Social Function of Islamic Banking in Indonesia
Islamic banking regulations in Indonesia have so far displayed a paradox between positive legal legitimacy and the ideals of sharia maqashid. This study examines the disharmony between positive regulation of Islamic banking and the principle of sharia maqashid in the implementation of the social function of Islamic banks in Indonesia. This study is motivated by the phenomenon of policy orientation that emphasizes administrative compliance and financial stability, while the aspects of equity and distributive justice receive less normative space. Using a historical-juridical approach and normative-interpretive analysis, this study examines the synchronization between Law No. 21 of 2008, OJK regulations, and Bank Indonesia's policies with sharia maqashid values. The results of the study show that the existing regulatory framework is not fully maqashid-compatible because it is still technocratically oriented and has not measured the social impact substantively. This study recommends the reconstruction of social function regulations based on the principles of maqashid compliance, the integration of social justice indicators into supervision instruments, and the strengthening of maqashid literacy as the foundation for the renewal of national sharia economic law.
Copyright (c) 2025 Aisyah Kansa Pratami, Amir Tajrid, Lathif Hanafir Rifqi https://creativecommons.org/licenses/by-sa/4.0
Distribution of Inherited Property Without the Application of Islamic Inheritance Law in Temanggung Regency
This research examines the paradox of inheritance division without applying fikih mawaris in Temanggung Regency. The purpose of this study is to analyze how the practice of inheritance division that occurs in the Temanggung community runs without referring to the principles of fikih mawaris, as well as to explore the causes, impacts, and implications of this discrepancy on the applicable inheritance legal system. This research uses a qualitative approach with a case study method involving in-depth interviews with heirs, religious leaders, legal practitioners and the local community. The results show that although most Temanggung people have basic knowledge of Islamic inheritance law, the division of inheritance carried out often does not follow the provisions of fikih mawaris. This is due to the lack of understanding of fikih mawaris, the dominant influence of local customs, and the discrepancy between inheritance law practices and state legal regulations, especially in terms of the division of inheritance between children and wives. The implications of this mismatch create injustice in the distribution of inheritance, which is often detrimental to women and children from the wife's weaker position in society. This research suggests the need to record the division of inheritance in the village/kelurahan and even the existence of a deed of inheritance to be certain in handling cases of inheritance division without fikih mawaris.
Copyright (c) 2025 Mahzum Mahzum https://creativecommons.org/licenses/by-sa/4.0
Vasectomy as a Condition for Social Assistance: The Maqasid al-Shariah Approach and Gender Equality
The policy proposal linking social assistance to vasectomy has sparked considerable debate due to its complex relationship with reproductive rights, ethical issues, and religious beliefs. This study addresses the topic through the framework of Maqasid al-Shari‘ah, focusing on two primary objectives: ḥifẓ al-nasl (protection of lineage) and hifz al-mal (protection of wealth), while also considering gender equality. Using a qualitative library research approach, the study explores a variety of sources related to Maqasid al-Shari‘ah, gender equality, population control, and the allocation of social welfare. The findings suggest that vasectomy is traditionally viewed as conflicting with ḥifẓ al-nasl because it directly impacts reproductive capacity. Reproductive decisions traditionally emphasize the preservation of lineage, and any action that impairs fertility is often seen as contrary to this objective. However, under the principle of necessity (ḍarūrah), there is room for exceptions, where actions like vasectomy may be justified if they lead to greater public welfare (maṣlaḥah), especially in cases of overpopulation or when the financial resources required for raising children exceed the capacity of families or the state. From a Maqasid perspective, vasectomy could contribute positively by improving the quality of future generations through more sustainable family planning. Additionally, involving men in contraceptive responsibility aligns with gender equality, fostering a more equitable distribution of reproductive duties between men and women. This approach promotes justice by reducing the disproportionate burden placed on women and encouraging shared responsibility in population control efforts, which are critical for maintaining the long-term effectiveness of social welfare programs.
Copyright (c) 2025 Mailiza Fitria, Beni Firdaus, Rahmiati Rahmiati https://creativecommons.org/licenses/by-sa/4.0
The Role of Murshid in Preventing Divorce among Naqshbandiyah Followers in Rokan Hulu Regency
This article explores the spiritual dimension of the Naqshbandiyah order, with its emphasis on harmonious family as an aspect of family law, so broadening the study of Islamic family law, which typically focuses on fiqh (Islamic jurisprudence) to a more sociological and Sufi perspective. The article focuses on the spiritual aspect, which is at the core of the Naqshbandiyah order's teachings, and is crucial in preventing divorce among its followers, particularly in Rokan Hulu Regency, known as the Land of a Thousand Suluk. This study employed a qualitative method with a participatory approach, conducting observations, interviews, and analyzing data in same stages. The study found that the relationship between divorce prevention among Naqshbandiyah congregations in Rokan Hulu Regency can be observed from the position of the murshids in two ways. Firstly, the spiritual internalization of tareqat trough the murshid spiritual teachings and secondly the murshid's role in mediation. However, the divorce rate among the congregation remains quite high because the internalization of spiritual aspects is not directly related to the household problems faced. In addition, the role of the murshid in preventing divorce is not completely succesfull since unsupported by a comprehensive competency of conflict management. But, this problem can be overcome with the support of traditional leaders.
Copyright (c) 2025 Suhayyib Suhayyib, Zainal Arifin https://creativecommons.org/licenses/by-sa/4.0
Protection of Children's Rights After Divorce: Challenges and Solutions in Indonesian Law
The protection of children's rights during divorce is a constitutional mandate under Law Number 35 of 2014 on Child Protection. In Religious Courts, this protection is ideally safeguarded through the judge's ex officio rights, which allow them to rule beyond the parties' specific demands to serve the child's best interests. This research aims to comprehensively analyze the implementation of the judge's ex officio rights, specifically concerning rights to maintenance (nafkah), custody, identity, and participation in legal proceedings. Using a juridical-normative approach, this study examines the Indonesian legal framework, including the Child Protection Law, the Compilation of Islamic Law (KHI), and relevant Supreme Court regulations. The analysis indicates that although the legal foundation is substantial, the practical effectiveness of protecting children's rights remains suboptimal due to inconsistent regulations, low public legal awareness, and weak execution mechanisms. Consequently, the study proposes strategic recommendations to bridge this gap, including regulatory harmonization, reform of mediation procedures, increased judicial capacity, and the strengthening of judgment execution mechanisms to ensure the robust fulfillment of children's rights.
Copyright (c) 2025 Fiqi Syarifa https://creativecommons.org/licenses/by-sa/4.0