Article Per Year (5 Year)
p-Index From 2020 - 2025
0.61
P-Index
This Author published in this journals
All Journal Hakamain: Journal of Sharia and Law Studies
Wardi, Utama
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
The Relationship Between Religious Law and State Law: Analytical Study of Receptio and Electicism Theories Wardi, Utama; Fahmi, Khairul; Amin, Saiful
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.326

Abstract

This research delves into the intricate relationship between religious law and state law by examining them through the theoretical frameworks of reception and eclectic theory. Reception theory posits that religious law can exert an influence on state law through processes of adaptation and incorporation, whereby elements of religious law are absorbed and integrated into the legal framework of the state. In contrast, eclectic theory advocates for a consistent and harmonious interaction between the two legal systems, suggesting that they can coexist and complement each other without conflict. The study delves into both historical contexts and contemporary examples to demonstrate how these theories are reflected in various legal frameworks around the world. By providing a comparative analysis, it highlights the diverse ways in which religious and state laws intersect and influence one another across different cultures and legal traditions. The study also addresses significant challenges, such as the conflicts that arise when religious principles clash with state laws, and the efforts made to reconcile these differences in pursuit of legal harmony and social justice. It offers valuable insights into the ongoing evolution of legal theory and practice, emphasizing the importance of accommodating the diverse needs of society while striving for a balance between respecting religious traditions and upholding the rule of law. The findings presented aim to inform future directions in legal scholarship and practice, fostering a deeper understanding of the potential for synergy and conflict between these two fundamental pillars of legal systems.
Appointment of Heirs as Funeral Prayer Leaders in the Bukittinggi Community: An Analysis of Designation from the Perspectives of Customary and Islamic Law Wardi, Utama; Ikhwan, Ikhwan; Busyro, Busyro
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.327

Abstract

This research delves deeper into the longstanding practice of appointing heirs as leaders of funeral prayers within the cultural tapestry of the Kurai community in Bukittinggi. It endeavors to unravel the socio-cultural fabric that deems heirs as appropriate custodians of this sacred ritual, exploring the historical evolution and societal roles entrenched in traditional funeral ceremonies. Methodologically, this research utilizes a qualitative approach through in-depth interviews with local community leaders to gain a direct understanding of the appointment of heirs as leaders of funeral prayers. This approach is enriched by scholarly discourse on highly relevant legal and religious issues, enhancing the analysis with theoretical perspectives and comparative viewpoints. By synthesizing these interdisciplinary approaches, the research aspires to unravel the intricate nuances and underscore the profound significance of heirs assuming the mantle of funeral prayer leadership in the Kurai community in Bukittinggi. The findings from this study are anticipated to yield nuanced insights into the intricate interplay between indigenous traditions and Islamic principles within the realm of religious practices in the Kurai community. This scholarly inquiry aims to foster novel perspectives and enrich ongoing dialogues on how local adaptations harmonize with and enrich Islamic values in everyday life. In contribution to existing literature, this research offers a deeper understanding of the socio-cultural dynamics that influence the appointment of heirs as funeral prayer leaders. It also provides a nuanced exploration of the legal and religious implications of this practice, thereby contributing to broader discussions on the adaptation of Islamic norms in local contexts.
Comparative Analysis of Islamic Family Law and Customary Law in the Settlement of Inheritance Disputes in Indonesia Wardi, Utama; Yaswirman, Yaswirman; Ismail, Ismail; Gafnel, Gafnel
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.330

Abstract

The settlement of inheritance disputes in Indonesia is a complex issue involving various legal systems, including Islamic family law and customary law. This study aims to conduct a comparative analysis between these two legal systems in the context of inheritance dispute resolution. This research employs a qualitative approach with case study methods, examining court decisions, interviews with legal practitioners, and a review of relevant legal literature.The findings show that Islamic family law, based on Sharia principles, has a formal structure and stricter procedures in resolving inheritance disputes. On the other hand, customary law is more flexible, emphasizing deliberation and consensus, and adapting to local norms and cultural contexts. These differences often create tension and jurisdictional conflicts, especially in cases where the parties involved come from diverse cultural and religious backgrounds.The research also explores the challenges faced in the application of these legal systems, such as the lack of public awareness regarding their rights and institutional and bureaucratic obstacles. The findings are expected to provide deeper insights for legal practitioners, academics, and policymakers in strengthening a more just and inclusive inheritance dispute resolution system in Indonesia. By understanding the strengths and weaknesses of each system, it is hoped that solutions can be found that integrate positive elements from both legal systems to create a more effective and equitable mechanism for resolving inheritance disputes.
Co-Authors Aminuyati Busyro, Busyro Gafnel, Gafnel Ikhwan Ikhwan Ismail Ismail Khairul Fahmi Yaswirman, Yaswirman