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All Journal Hakamain: Journal of Sharia and Law Studies
M. Doni
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
Law, Crime, Criminology & Criminal Justice

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The Compilation of Islamic Law as a Socio-Digital Product in the Reform of Islamic Law in Indonesia M. Doni; Silfia Hanani
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1335

Abstract

This study aims to analyze the Compilation of Islamic Law (KHI) as a digital social product reflecting the transformation of Islamic law in Indonesia amidst an increasingly digitized and complex society. It examines how information technology influences the understanding, interpretation, and application of Islamic legal norms contained in the KHI. This study employs a qualitative method with a field research approach, examining the process of drafting the KHI by considering social and digital factors, including public participation and the development of legal discourse. Field research was conducted to explore the implementation of KHI within Indonesia’s religious court system, focusing on the utilization of digital technology to enhance access, transparency, and efficiency in the enforcement of Islamic law. The findings indicate that KHI functions not only as a formal legal document but also as a dynamic social construction that adapts to the needs of contemporary society and technological developments. However, challenges related to the relevance, flexibility, and formal legal status of KHI within the national legal framework still need to be addressed. The study concludes that reformulating KHI as a digital social product is crucial to responding to the modern legal challenges faced by the Indonesian Muslim community, emphasizing the need for adaptive and inclusive regulations. This contribution plays a strategic role for policymakers and legal practitioners to strengthen the role of KHI in building a responsive, participatory, and contextual Islamic legal system in the digital era.
Transforming Matrilineal Traditions: The Role of Ulama in Reforming Minangkabau Customary Inheritance Law Nabila Inita Zahra; Miswardi Miswardi; Nabila Fitri Gunawan; M. Doni; M. Yusuf Iskandar
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1373

Abstract

This article investigates the evolving role of ulama as pivotal agents in the reform of inheritance norms within Minangkabau society, particularly amid tensions between Islamic legal principles and matrilineal customary law (adat). Situated within the broader dynamics of legal pluralism and global cultural transformation, this study employs a qualitative ethnographic methodology, incorporating field observations, semi-structured interviews with religious leaders and adat authorities, and textual analysis of sermons, deliberative forums, and locally issued fatwas. The findings indicate that ulama do not operate in antagonism to tradition but strategically embed Islamic inheritance principles (faraid) within the local moral universe through culturally resonant methods—such as cultural preaching, participatory musyawarah, and the reinterpretation of foundational axioms like adat basandi syarak, syarak basandi Kitabullah. These efforts have produced a hybrid inheritance model that distinguishes between pusaka tinggi (ancestral property), retained under matrilineal logic, and pusaka rendah (acquired assets), increasingly subject to faraid distribution. The study reveals that ulama, by leveraging their dual authority as religious scholars and cultural insiders, facilitate normative convergence between syariah and customary law, generating legal syncretism that is both context-sensitive and ethically grounded. This convergence is particularly visible in urban and diasporic communities, where exposure to global Islamic discourses and structural changes in kinship systems have intensified the demand for codified and equitable inheritance practices. Conclusively, the research underscores the capacity of local religious actors to drive legal transformation from within, offering an empirical contribution to scholarly debates on Islamic legal anthropology, indigenous legal change, and the adaptive resilience of customary systems in plural societies.
How Do Religious Courts Adapt to Digital Justice? Evidence from Family Litigation in Indonesia M. Doni; Silfia Hanani
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1733

Abstract

The digitalization of judicial services has transformed the administration of justice, including the handling of family litigation in Indonesian Religious Courts. This study examines how Religious Courts adapt to digital justice through the implementation of the e-court system and assesses its implications for family law dispute resolution. Employing a socio-legal approach, the research combines normative legal analysis of judicial regulations with empirical data derived from court reports, official documents, and scholarly literature on digital justice. The findings indicate that the adoption of the e-court system has improved procedural efficiency, reduced administrative barriers, expanded access to justice, and enhanced case management in family litigation. However, several challenges persist, including disparities in digital literacy among court users, limitations in technological infrastructure, and unequal access to internet services, particularly in rural areas. These constraints affect the uniform effectiveness of e-court implementation across jurisdictions. The study concludes that Indonesian Religious Courts have demonstrated substantial institutional adaptation to digital justice, although the overall effectiveness of the system depends on continuous technological upgrading, regulatory refinement, and capacity building for users and court officials. Academically, this research contributes to the growing body of scholarship on digital justice by providing empirical evidence from Indonesia’s Religious Court system and offering analytical insights into the relationship between judicial digitalization, access to justice, and family law adjudication in developing legal systems. This transformation underscores the importance of integrating technology with legal reform to ensure equitable, efficient, and transparent judicial services in the digital era in Indonesia and beyond globally comparative context.
Co-Authors M. Yusuf Iskandar Miswardi Miswardi Nabila Fitri Gunawan Nabila Inita Zahra Silfia Hanani