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Al-Ahkam
Scopus
ISSN 0854-4603 · Universitas Islam Negeri Walisongo Semarang · 152 articles in the index
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Journal Article
Fatwa Institutions in Handling Religious Blasphemy Crimes in Indonesia and Malaysia
The position of fatwa institutions in cases of blasphemy by cult groups is often seen as representing only the majority Muslims and blaming minority Muslims, as in Indonesia, or seen as a tool to suppress anti-government groups, as in Malaysia. This study aims to explain the position of the…
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Journal Article
The Critique toward Uṣūl al-Fiqh Literacy of 1890–2023: An Offer for Development
Critique of uṣūl al-fiqh literacy is very crucial. The scarcity of critique can lead to the risk of intellectual stagnation and an inability to address the legal needs of a constantly changing society, simultaneously causing a lack of resonance with reconstructive ideas. The study aims: 1) to…
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Journal Article
Mushārakah Mutanāqiṣah (Diminishing Partnership) Regulation for Housing Finance in Indonesian and Malaysian Law
The housing business continues to grow along with the increasing need for the fulfillment of housing. This research delves into the application of mushārakah mutanāqiṣah in housing finance within Indonesia and Malaysia, scrutinizing their regulations and relevant governing institutions. Employing a…
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Journal Article
Jurimetrics in the Reconstruction of the Joint Property Division Model for Wage-Earner Wives in Indonesia
The joint property division in Article 97 of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) is one-half (1/2) as long as it is not specified otherwise in the marriage agreement. This is followed mainly by judges because of the legal certainty in it, but not for wives with double burdens…
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Journal Article
Children Citizenship Status of Acehnese-Rohingya Mixed Marriage in Aceh: Maqāṣid Sharī’ah Perspective
Citizenship status is important in mixed-country marriages. This research explores the important issue of citizenship in mixed marriages between Rohingya refugees and local Acehnese. The research aims to examine whether the citizenship status of the children of such marriages is based on the…
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Journal Article
National Security in the Conditions of the Russia-Ukraine War: Legal Regulation and Islamic Law Perspectives
National security is an important condition for the functioning and development of individuals, societies, and the states, however, this security is threatened by war, and global military conflicts. This article aims to describe the national security threatened by the Russia-Ukraine war and all its…
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Journal Article
Post-Divorce Rights of Women and Children in Pekalongan City, Central Java: Challenges in Islamic Law Analysis
The rights of women and children after divorce are often neglected. The article examines the reality of children's and women's rights in Pekalongan City, Central Java, Indonesia, focusing on the causes of non-fulfillment and the legal consequences. Data from 10 court decisions from the Pekalongan…
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Journal Article
Legal Effectiveness of Halal Product Certification in Improving Business Economics in Indonesia and Malaysia
Law Number 33 of 2014 and Government Regulation Number 31 of 2019 in Indonesia shifted halal certification from voluntary to mandatory on October 17, 2019, contrasting with Malaysia's voluntary system under the 2011 Akta Perihal Dagang (APD). This study aims to scrutinize the legal regulations of…
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Journal Article
Ṭāhā ‘Abd al-Raḥmān’s Philosophical Contribution to Theorize Ethical Maqāṣid
The ethical values of maqāṣid have been buried by the ḥarfiyyah-linguistic approach (ta’līlī-bayānī). The ethical paradigm of maqāṣid must be constructed to balance the ta’līlī-bayānī approach. This paper examines the philosophy of Ṭāhā ‘Abd al-Raḥmān in theorizing ethical maqāṣid. This paper…
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Journal Article
An Empirical Approach in Culinary Fiqh of Coastal Communities: Critical Study of ‘Aysh al-Baḥr
The lives of fishermen are said to have a profound influence on the lives of coastal towns. Their attitude toward marine resources effects their theological perspective as well. This fact is supported by Kiai Anwar's book ‘Aysh al-Baḥr, which discusses the legal position of consuming numerous…
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Journal Article
Al-Khurūj ‘alā al-Ḥākim fī al-Fiqh al-Siyāsī al-Islāmī: Dirāsah ‘alā Ma’nā al-Thawrah
The Arab Spring emerged due to a political crisis in most Arab countries that wanted a change from dictatorial regimes to democratic systems in their countries. One of the most prominent issues that caused controversy during the revolution was the issue of al-khurūj 'alā al-ḥākim. This article aims…
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Journal Article
Guardianship Supervisory in Indonesia: A Comparative Analyzes of Baitul Mal Aceh and the Heirloom Board
Guardianship supervisory has been a dilemma in the Indonesian legal system. The article assesses the practice of guardianship supervisory in Indonesia by comparing two prominent institutions, Baitul Mal Aceh (BMA) and the Heirloom Board (Balai Harta Peninggalan or BHP). The article focuses on…
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Journal Article
'Urf of Cyberspace: Solutions to the Problems of Islamic Law in the Digital Age
Human interaction with information and communication technologies has created a new culture in the digital age. It impacts new legal issues that demand solutions based on Islamic law. A theory incorporating culture in law construction is termed ‘urf’ in uṣūl al-fiqh. The purpose of this article is…
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Journal Article
Post-Divorce Child’s Nafaqah Māḍiyah: An Analysis of the Shifting from Fulfilment to the Assertion of Ownership Rights
The claim for child’s nafaqah māḍiyah (past income) is often overlooked in the rulings of the Religious Court. This research aims to propose a shifting from the concept of li al-intifā’ (benefit) to li al-tamlīk (ownership) regarding child’s living costs claims in the Religious Court, employing the…
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Journal Article
Uṣūl al-Fiqh Literacy for the Local Community: A Study on Shaykh Mukhtar Ambai’s Manuscript
Ancient manuscripts with uṣūl al-fiqh themes remain rare amidst the increasing efforts to inventory, categorize, and digitize old manuscripts in present-day Indonesia. Nevertheless, literacy initiatives related to uṣūl al-fiqh can still be identified within manuscripts exploring different subjects…
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Journal Article
Fiqh of Civilization in Building a Legal State: The Relevance of Muhammad Arkoun's Thought
Arkoun's political concept is very relevant to the expected idea of civilizational fiqh to resolve social problems nationally and internationally. The purpose of this article is to discuss the fiqh of civilization as an element of the rule of law which is connected with the political thought of…
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Journal Article
Childfree in Islamic Law Perspective of Nahdlatul Ulama
Childfree is a social phenomenon that is becoming an interesting discussion today. It deserves the attention of Islamic law. Nahdlatul Ulama (NU), through the NU Bahtsul Masail Institute (LBM-NU), has issued four fatwas synonymous with the childfree phenomenon. This article aims to analyze the…
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Journal Article
Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya
This paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and…
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Journal Article
Tanmiyah Waqf al-Manāfi min Ajl al-Istiqlāliyah fī Majāli al-Iqtiṣād: Dirāsah fī Ma’had Tazakkā al-‘Aṣrī
The excellent potential of benefit waqf has not been fully realized since nāẓir or the community failed to develop a strategy and did not innovate enough on the advantages of waqf and its administration. One of the successful principals in administering benefits waqf is the Tazakka Modern Boarding…
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Journal Article
Digitalization of Islamic Finance: Epistemological Study of the National Sharia Board-Indonesian Council of Ulama’s Fatwa
The dynamic and rapid development of digital business and finance requires progressive Sharia legal certainty. National Sharia Board-Indonesian Council of Ulama (Dewan Syariah Nasional – Majelis Ulama Indonesia/DSN-MUI) has issued several fatwas related to digital finance. This research aims to…