AL-HUKAMA: The Indonesian Journal of Islamic Family Law

Faqihuddin Abdul Kodir’s Reasoning on Alimony

2023-10-25T04:12:34+00:00

The reinterpretation of the concept of alimony plays a pivotal role in defining familial roles. This article delves into the epistemological reasoning of Faqihuddin Abdul Kodir in redefining the concept of alimony within a modern context. Employing conceptual and philosophical approaches, the article reveals that the alimony concept introduced by Kodir is a product of epistemological reasoning encompassing bāyani, burhāni, and irfāni dimensions. Bāyani reasoning is demonstrated through an understanding approach, and the tabdīl (replacement) method used to analyze alimony texts. Burhāni reasoning is supported by rational thinking, utilizing major and minor premises derived from the current phenomena within family dynamics. Irfāni reasoning is evidenced through the elucidation of meaning by Kodir, specifically regarding alimony texts as a project for the development of divine law (al-aḥkām al-ilāhiyyah) based on the values of love and compassion (raḥmatan lil 'ālamin). This reformulation has implications for methodological and practical innovations regarding alimony in local and global contexts.

Ensuring Equity in Post-Divorce Economic Rights

2023-10-25T05:05:02+00:00

Judges are pivotal in issuing impartial decisions that advocate for women, even when they function as primary providers. This study examines the judicial sensitivity towards women as primary breadwinners within families in Padang Lawas Utara. Employing a sociological approach, the research explores the realities among the indigenous people of Padang Lawas Utara. Subsequently, it conducts a comprehensive review of five decisions from the Religious Court of Padang Sidimpuan, falling under the jurisdiction of Padang Lawas Utara. The article reveals that the judges fail to consider the wife’s familial role, especially the role of the wife as the breadwinner. They concentrate solely on the male’s capabilities and rely on evidence of the husband’s income, which proves challenging to validate. Despite the husband’s ownership of assets, including land, houses, rice fields, vehicles, and others, the judge refrains from exercising the ex officio rights to provide the wife's māḍiyah (previous alimony). This underscores the inadequacy of the judge’s sensitivity in establishing the fulfillment and protection of women’s rights, particularly in the context of post-divorce scenarios.

Preserving Cultural Heritage in Marriage

2023-10-30T01:36:09+00:00

The convergence of customary norms with Islamic legal norms gives rise to a new legal entity, including philosophical meanings. This article seeks to explore the symbolic meanings and reasons for the persistence of the kebon odeq tradition in the marriage customs of the Sasak community in Pengadang Village, Central Lombok. Utilizing an anthropological approach with symbolic anthropology theory popularized by Victor Turner and conducting in-depth interviews with five key informants, this article reveals that within the kebon odeq, the Sasak community in Pengadang assigns significant symbolic meanings to various elements. The kebon odeq components enhance a sense of unity and cultural values as a form of respect for ancestral customs. Symbolically, kebon odeq emphasizes the correlation of its symbolic meaning with cultural values, marriage, and social aspects of society. In Islamic law, this tradition holds symbolic meanings related to the values of Islamic marriage, especially commitment and maintaining sustainability. The intersection of philosophical meanings between custom and Islamic law is a significant motivation for the extent to which kebon odeq is preserved and developed by the Sasak Muslim community.

Matchmaking Bureau at the Ministry of Religious Affairs of Surakarta

2023-10-30T01:39:14+00:00

Current matchmaking trends are often facilitated by non-governmental entities, advocating certain ideologies that may contradict the Islamic family law paradigm initiated by the state. The “Samawa Program: Make Me Your Partner” is a matchmaking service undertaken by Surakarta’s Ministry of Religious Affairs. This program emerged in response to limited communication during the COVID-19 pandemic. Using a socio-philosophical approach, this article examines this program’s goals, rules, and strategies and how it aligns with Jeremy Bentham’s legal utilitarianism theory. The article finds that this program is free of charge. It also incorporates marriage guidance practices distinct from marriage counseling practices at the Office of Religious Affairs. The program’s objective is for individuals to receive marriage guidance as a foundation for building a household and to find a soul mate who meets their criteria. Considering seven indicators: intensity, duration, certainty, propinquity, fecundity, purity, and extent, the program fully satisfies the benefit aspect regarding intensity, duration, propinquity, and fecundity. However, the program can potentially generate harm regarding the other three factors. At this point, the program is deemed worthy of continuation as a facilitation step for finding a suitable partner while obtaining marriage knowledge quickly and credibly.

Inheritance Rights of Inactive Digital Accounts

2024-04-17T13:41:10+00:00

The privileges associated with active digital accounts are returned to the account holders while they are alive. However, if the account holder is inactive due to death, most service providers do not have provisions to transfer those rights to their heirs. This study explores the ownership rights of virtual accounts and the legal protection of the inheritance rights of digital inactive account holders in Indonesian legislation and Islamic law. Utilizing a normative and philosophical approach, this research reveals various rights inherent to digital account owners in Indonesian positive law. In Islamic law, legal protection for inactive account owners can be achieved through qiyās, analogizing it with the waḍī’ah system. Digital accounts are individual property entrusted to and managed by service providers, whereas waḍī’ah is a system of depositing goods where someone entrusts items to be managed by service providers. Here, service providers, both in the context of digital accounts and waḍī’ah, must protect and return those goods. This is where the legal rationale for protecting the inheritance rights of inactive digital accounts lies in Islamic law perspective