Al-Hakam: Journal of Islamic Law

Pandangan Jasser Auda dalam Pewaris Non Muslim Penerima Wasiat Wajibah dan Dampak Sosialnya

Anil Hakimullah — 2026-06-18

This study aims to analyze Jasser Auda’s perspective regarding the acceptance of obligatory wills (wasiat wajibah) to non-Muslims and its impact on inheritance practices in Indonesia. The research employs a library research approach with interpretative methods, analyzing jurisprudence, regulations, and scholarly works, especially Auda’s maqāṣid syarī’ah philosophy. The findings indicate that Auda’s views offer innovative solutions to broaden the scope of obligatory wills by utilizing maqāṣid al-‘ammah and maqāṣid al-khāsah, thus accommodating non-Muslim relatives without conflicting with Islamic legal principles. The conclusion suggests that applying these perspectives has the potential to mitigate social conflicts and strengthen tolerance within Indonesia’s diverse society. The study recommends reformulating regulations and jurisprudence to support the fair and proportional implementation of obligatory wills to non-Muslims.

Al-Qur’an Sebagai Sumber Hukum Islam dan Pedoman Konsep Berpikir dalam Islam

ST Sahara — 2026-06-18

The Qur’an is the primary source of Islamic law, containing universal principles that encompass faith, morality, and sharia. This study aims to analyze the position of the Qur’an as a source of Islamic law and examine the Qur’anic concepts of thinking—tafakkur, tadabbur, tadhakkur, and ta’aqqul—as an integrative approach to understanding Islamic law comprehensively. The research employs a qualitative method through a literature review using a descriptive-analytical approach based on ten relevant sources published between 2023 and 2025. Data were analyzed through classification, interpretation, comparative analysis, and synthesis, supported by source triangulation to ensure validity. The findings indicate that the Qur’an functions not only as a formal legal source but also as an epistemological framework integrating rational and spiritual dimensions. Qur’anic thinking emphasizes the harmony between revelation and reason as the foundation for understanding law and addressing contemporary issues. The effective implementation of Islamic law depends on the ability of Muslims to employ reason responsibly under the guidance of revelation. The integration of revelation and intellect produces a dynamic and contextual understanding of Islamic law while maintaining adherence to universal sharia principles. This study highlights the importance of integrating critical thinking and spiritual guidance in Islamic education and da’wah to cultivate faithful, intelligent, and solution-oriented Muslims, thereby realizing Islam as rahmatan lil ‘alamin. lil alamin.

Tinjauan Hukum Islam Atas Efektivitas Penyuluhan Agama Analisis Maqāṣid asy-Syarī‘ah Terhadap Upaya Pencegahan Perkawinan Anak

Fatholla — 2026-08-19

Although Law No. 16 of 2019 raised the minimum marriage age to 19, child marriage rates at Panji District KUA, Situbondo, remain high. This study analyzes the effectiveness of Islamic Religious Counselors in preventing child marriage through the lens of Islamic legal sociology (maqashid al-shari'ah). Using a socio-legal approach, primary data were gathered via in-depth interviews and official marriage records. Findings analyzed through Soerjono Soekanto’s theory show that counselors' legal role is sociologically ineffective due to a gap between formal norms and local legal culture. KUA's administrative rejections are routinely bypassed through court marriage dispensations to avoid social stigma. From an Islamic socio-legal perspective, religious counseling acts as a maslahah hajiyah to protect al-kulliyat al-khamsah. This article contributes to Islamic family law (ahwal al-shakhsiyyah) by proving that legal age restrictions require local cultural reconstruction and inter-institutional alignment to function effectively.

Rekonstruksi Konsep Nafkah Keluarga di Era Gig Economy

Saiful Anwar — 2026-08-19

Digital transformation has created the gig economy, characterized by platform-based work, fluctuating income, flexible employment, and limited social protection. This condition raises new challenges for the concept of nafaqah (family maintenance) in Islamic family law, traditionally formulated within stable employment structures. This study examines the relevance of nafaqah for gig economy families and reconstructs its application in the digital economy. Using an empirical legal method with a socio-legal approach, the study integrates normative analysis of Islamic legal sources, maqāṣid al-sharīʿah, and Indonesian Islamic family law with empirical realities of family maintenance. Data are analyzed qualitatively through reduction, categorization, interpretation, and triangulation. The findings show that the gig economy does not eliminate the husband’s obligation to provide nafaqah, but requires a more adaptive mechanism based on actual economic capacity, family needs, income fluctuations, work-related costs, spousal contributions, and household sustainability. The reconstruction is based on four principles: obligation, capacity, proportionality, and sustainability, ensuring that Islamic family law remains responsive to contemporary economic changes while preserving justice and family welfare.

Melampaui Formalisme Hukum: Merekonstruksi Budaya Hukum yang Berorientasi pada Manfaat dalam Mitigasi Perkawinan Anak

Fathor Zainullah — 2026-08-20

Child marriage remains a crucial socio-legal issue negatively impacting reproductive health and family resilience in Indonesia. The primary question of this article analyzes the effectiveness of Law No. 16 of 2019 in reducing child marriage in Situbondo Regency (2021–2024) and the role of legal culture. Positioning itself within socio-legal research using Lawrence M. Friedman's Legal System Theory, this study fills a literature gap by shifting focus from court litigation toward institutional dynamics. The issue is addressed through a qualitative empirical legal approach, exploring the roles of KUA and DP3AP2KB/BKKBN of Situbondo Regency. Findings demonstrate that the decline in cases was predominantly driven by a shift in legal culture toward rationality, catalyzed by KUA's religious education and BKKBN's health counseling. Nevertheless, legal effectiveness remains constrained by traditional values, unregistered marriages, and marriage dispensations. This article contributes to Islamic family law reform by emphasizing a benefit-oriented legal culture.