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Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Published by Universitas Nurul Jadid Paiton Probolinggo
ISSN : 28295803     EISSN : 25808052     DOI : https://doi.org/10.33650/jhi
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam adalah jurnal ilmiah yang mengkaji tentang persoalan - persoalan hukum dan keislaman. Jurnal ini diterbitkan secara berkala setahun dua kali, yaitu setiap bulan Juni dan Desember oleh Program Studi Hukum Keluarga Islam, Fakultas Agama Islam, Universitas Nurul Jadid Paiton Probolinggo. Redaksi menerima naskah ilmiah ataupun hasil penelitian dalam bahasa Indonesia, bahasa inggris maupun bahasa arab. Di samping itu, Tim Redaksi juga berhak untuk mengedit dan menyempurkan naskah ilmiah yang akan diterbitkan tanpa menghilangkan esensi dan makna tulisan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol 10, No 1 (2026)" : 20 Documents clear
THE LEGAL IMPLICATIONS OF QARDH FINANCING FOR STAKEHOLDER WELFARE IN ISLAMIC ECONOMIC LAW Zuhri, Saifuddin
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14440

Abstract

In the context of Baitul Maal Wa Al Tamwil (BMT) Maslahah, qardh loans are a financial product that, according to Sharia principles, do not require material compensation. Qardh loans are a product aimed at wel fare by assisting members with capital, facilitating qardh loans, and building relationships of trust and solidarity among members. The nadzar (vow) in qardh loans involves members providing alms to the BMT for the benefit of stakeholders. This research focuses on the integration of nadzar (vow) into qardh loans, which has implications for stakeholder welfare and BMT profits, a theory lacking in Islamic economics. The method used in this research is qualitative, using a case study approach at BMT Maslahah in East Java. The results indicate that qardh loans have implications for stakeholder welfare. Borrowing members enjoy ease of application requirements and relatively quick disbursement, principal repayment as agreed, interest-free installment payments, low administrative fees, and no collateral. Qardh loans are accompanied by a nadzar (vow) contract, where members provide alms to the BMT for income. BMT income is accumulated with other financing income for BMT operations and monthly remaining operating results (SHU) which are distributed to members in the form of bonuses and profit sharing of savings deposits. Meanwhile, the annual remaining operating results (SHU) are distributed to stakeholders, namely BMT reserve funds of 20%, management fees of 5%, management fees of 10%, member education funds of 5%, social funds of 10% and members receive 50% according to the portion of capital each year. So it is known that 85% of members stated that it has increased their income and improved their welfare and 15% of members stated that it has facilitated loan installment payments.
REGULASI WAKAF UANG DIGITAL PADA PLATFORM FINTECH SYARIAH DI INDONESIA: ANALISIS YURIDIS DAN KEKOSONGAN HUKUM Maulana, Muhammad Rafi
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14587

Abstract

The rapid growth of Islamic fintech in Indonesia has propelled digital cash waqf collection from Rp61.2 billion in 2019 to Rp571.8 billion in 2024 (CAGR 56.4%), exposing a fundamental structural mismatch: Law No. 41 of 2004 on Waqf — the lex specialis — was designed for face-to-face transactions with no digital provisions, creating legal uncertainty as this study's central problem. This normative legal study employs statute, conceptual, and comparative approaches, applying a regulatory harmonization framework to map normative gaps across Law No. 41 of 2004, Government Regulation No. 42 of 2006, BWI Regulation No. 1 of 2020, UU ITE, and OJK fintech regulations, using Malaysian waqf instruments as reference. Three legal vacuums are identified: first, Article 17's physical presence requirement before PPAIW renders electronic waqf contracts legally uncertain, as UU ITE — lex generalis — cannot override the Waqf Law's lex specialis formality; second, no dedicated consumer protection exists for waqif funds on non-bank fintech platforms outside banking-grade deposit protection; and third, absent interoperability standards between national payment infrastructure (GPN/QRIS/BI-FAST) and digital waqf platforms produce data fragmentation impeding oversight. Comparative analysis shows proactive inter-institutional coordination between JAWHAR and Bank Negara Malaysia produces measurably superior outcomes in platform integration, fund security, and public trust. Grounded in maqasid al-shari'ah, closing these vacuums constitutes a substantive Islamic obligation rooted in hifzh al-mal and maslahah. Three normative recommendations: amendment of Article 17 of Law No. 41 of 2004 to recognize digital waqf; joint OJK-BWI regulation on fintech waqf; and a standardized Digital Waqf API Framework by Bank Indonesia.
THE AMBIVALENCE AND SOCIAL ENFORCEMENT OF WIDOWER ‘IDDAH NORMS IN MADURA Azis, Abdul; Mahmudi, Zaenul; Arfan, Abbas
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14817

Abstract

This article examines the socio-legal construction of widower's iddah in Madura from an Islamic law perspective. It focuses on how widower mourning, although not formally codified in detail in the Kompilasi Hukum Islam, becomes a socially recognized and enforced norm in local Muslim communities. The study aims to analyze the ambivalence and social enforcement of widower's iddah and to assess whether it constitutes a legitimate expression of ‘urf and living fiqh or an excessive form of communal moral control. This research employed an empirical socio-legal design with a qualitative case study approach in Banyuates and Ketapang, Sampang Regency. Data were collected through in-depth interviews, observation, and field notes with 42 informants, including widowers, younger and older community members, religious leaders, and community leaders. The findings show that a widower's iddah functions as a morally binding norm shaped by kinship relations, communal morality, and local religious reasoning. Its enforcement is supported by Madurese values such as tengka, malo, todus, and ajhina abhâ’, as well as informal sanctions such as gossip, labeling, distancing, and reputational pressure. The study concludes that a widower's iddah may be accepted as a valid ‘urf only when it remains proportional, ethical, and consistent with maqāṣid al-sharī‘ah; otherwise, it risks becoming unjustifiable social coercion. Its legitimacy collapses when social enforcement turns that framework into excessive communal control that negates the widower’s legally permissible right to remarry.Keywords : widower ‘iddah, living fiqh, ‘urf, Madura, Islamic family law
ISLAMIC LEGAL REASONING IN DISPUTE RESOLUTION AND SHARIA FINANCIAL RISK MANAGEMENT OF DSN-MUI FATWAS Arifin, Bustanul; Muslih, M.; Rimanto, Rimanto; Karini, Eti; Hadaiyatullah, Syeh Sarip
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14447

Abstract

This study examines the institutional legal reasoning of the Indonesian National Sharia Council (DSN-MUI) in developing the normative framework for dispute resolution and risk management in Sharia finance. Through a qualitative corpus analysis of fatwas on taʿwīḍ (compensation for loss), debt restructuring, and debt transfer, the research argues that these fatwas do not function as isolated case-by-case rulings. Instead, they form a coherent body of evolving institutional reasoning that shifts Islamic financial law from a rigid, contract-validity-focused paradigm toward a dynamic risk governance paradigm. The findings reveal that DSN-MUI consistently distinguishes between involuntary and willful default, designs restorative rather than punitive compensatory mechanisms, and systematically integrates principles of maqāṣid al-sharīʿah and maṣlaḥah with modern financial governance needs. The analysis further contrasts DSN-MUI's contextualized legal reasoning with the standardized approach of AAOIFI, highlighting how DSN-MUI adapts Islamic legal principles to Indonesia's socio-economic and regulatory context. The study concludes that DSN-MUI fatwas collectively construct a distinct model of Fiqh al-Mukhāṭarah wa al-Nizāʿ (Fiqh of Risk and Dispute Resolution), positioning Islamic law as an integral instrument for systemic risk management, contractual sustainability, and equitable dispute resolution within a modern financial ecosystem.
A MAQASID AL-SYARĪ’AH BASED EVALUATION OF LOCAL GOVERNMENT INTERVENTIONS IN HALAL CERTIFICATION IMPLEMENTATION: EVIDENCE FROM SUMENEP Nasik, Khoirun; Ardyansyah, Farid; Musadad, Ahmad; Nahidloh, Shofiyun; Pujiati, Tri; Zahro, Umi Indasyah
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14590

Abstract

The expiration of the phased implementation of mandatory halal certification on 17 October 2024 marked a transition from a facilitative to an enforcement-oriented policy phase, creating significant implementation pressures for local governments and micro and small enterprises facing legal, market, and administrative risks. While previous studies have examined halal certification from normative legal and governance perspectives, limited research integrates empirical public policy analysis with a maqasid al-syarī’ah framework to evaluate local government interventions during this post-transition period. Using a qualitative policy analysis approach, this study identifies six local intervention strategies: structured multi-stakeholder coordination; optimization of the self-declare assistance scheme; targeted digital literacy and social media outreach; affirmative programs for remote villages; development of a regional Halal Hub ecosystem; and preventive regulatory socialization for the 2026 mandatory phase. Empirically, 4,053 halal certificates were issued by January 2026, 3,933 through the self-declare scheme, with over 90% of assisted MSMEs completing registration on time. These results indicate that proactive facilitation and adaptive local governance significantly reduced non-compliance risks during the transition. From a maqasid al-syarī’ah perspective, the interventions operationalize multidimensional protection: religion (hifz al-dīn), life (hifz al-nafs), wealth (hifz al-māl), intellect (hifz al-’aql), and lineage (hifz al-nasl). Conceptually, this study proposes a maqasid-based evaluation model linking Islamic normative principles with measurable governance indicators. Theoretically and practically, it positions maqasid as an applied analytical framework and provides evidence-based guidance for adaptive and sustainability-oriented halal governance.
FAIRNESS IN SHARIA BUSINESS CONTRACTS: A CONSUMER PROTECTION PERSPECTIVE Rapi, Muhammad Farid; Kasim, Sinta; Abdullah, Muhammad Dzaky
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.13962

Abstract

The development of Islamic business in Indonesia has made significant progress along with the increasing public awareness of the application of Islamic principles in economic transactions. In this context, consumer protection becomes a crucial element, particularly in sharia-based business contracts. This study aims to analyze the concept of consumer protection in sharia business contracts from the perspective of both positive law and Islamic law. The method used is a literature study with a qualitative approach. The results of the study show that positive law, through Law No. 8 of 1999, provides legal-formal protection for consumers, while Islamic law emphasizes moral and spiritual aspects, including the principles of justice, honesty, and the prohibition of gharar and fraud. Although both aim to safeguard consumer rights, they differ in their approaches and the sanctions applied. The integration of positive law and Islamic law can create a more comprehensive consumer protection system in sharia business contracts. This research is expected to contribute ideas to the development of a just and sustainable legal system.
HARTA PERPANTANGAN SEBAGAI LIVING LAW MASYARAKAT BANJAR (Analisis Normatif-Empiris Terhadap Asal-Usul dan Praktik Pembagiannya) Kasumawati, Devi; Manfaluti, Ahmad
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14477

Abstract

Prohibited property is a concept of joint ownership between husband and wife in the Banjar community tradition that still functions as a living law even though it is not written in formal regulations or in the classical fiqh works of Sheikh Muhammad Arsyad al-Banjari. This study aims to trace the origins of the concept of perpantangan and examine the practice of its distribution through normative-empirical analysis. The research method used is qualitative with normative and empirical approaches. Primary data was obtained through interviews with juriyat (ulama descendants of Sheikh Arsyad), academics, and Banjar people who practice perpantangan, while secondary data were collected from fiqh literature, customary law, and national regulations. The results of the study indicate that perpantangan arose from social practices of the Banjar community since the 18th century as a response to the significant economic role of women in the household. Although no authentic manuscripts were found explaining this concept, the community legitimized the perpantangan to Sheikh Arsyad through cultural legitimacy mechanisms. Normatively, abstinence aligns with the principles of 'urf, syirkah al-abdan, and maslahah mursalah, so it does not conflict with muamalah jurisprudence or national law on joint property. Empirically, abstinence is practiced in a relatively uniform pattern, namely a 50% distribution for the surviving spouse and 50% as inheritance. This research confirms that abstinence is a form of articulation of the Banjar community's legal code of life that serves to maintain fair distribution of property within the family and represents a harmony between custom and sharia.
EX OFFICIO AUTHORITY OF JUDGES IN DIVORCE SUIT DECISIONS: AN ANALYIS OF ARTICLE 41 OF LAW NUMBER 1 OF 1974 ON MARRIAGE IN THE PAMEKASAN RELIGIOUS COURT Anam, Khairul; Susantin, Jamiliya
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14592

Abstract

The protection of women’s and children’s financial rights after divorce remains a significant issue within the Indonesian Religious Court system. Article 41 of Law Number 1 of 1974 on Marriage normatively obliges the father to bear responsibility for the maintenance and education of children and provides a legal basis for financial obligations toward a former wife. However, in judicial practice, divorce litigation (cerai gugat) decisions often do not consistently stipulate iddah maintenance, mut’ah, and child support within the operative part of the judgment. This inconsistency indicates a gap between the normative construction of Article 41 and its practical implementation in court decisions. This study aims to analyze the obligation of judges’ ex officio authority in divorce litigation decisions and evaluate its implementation at the Religious Court of Pamekasan. The research employs a normative–empirical legal approach through statutory analysis and case study examination of three final and binding divorce judgments issued by the Religious Court of Pamekasan. The findings reveal that variations in the application of ex officio authority are influenced by interpretations of the ultra petita principle, evidentiary considerations, and judicial sensitivity toward the protection of women and children. Drawing on vulnerability theory, this study argues that ex officio authority should be interpreted not merely as judicial discretion but as a juridical obligation inherent in the judicial function. This research contributes to strengthening the doctrinal understanding of judges’ ex officio authority as a mechanism to ensure substantive justice and improve legal protection for women and children after divorce.application of this authority is therefore essential to strengthen legal protection for women and children after divorce.
DECOLONIZATION OF ISLAMIC FAMILY LAW IN INDONESIA: TRACING TRANSFORMATION AND CONTINUTIY Hadi, Mukhammad Nur; Wahib, Moh.; Irfan, Moh.; Riyadi, Abdul Kadir
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14413

Abstract

This article aims to explore the process of decolonization of Islamic family law in Indonesia by tracing its historical transformation, policy changes, and the continuity of its legal practices from the colonial period to the post-reform era. Through a conceptual, historical, and legislative approach, this article analyzes how the colonization of Islamic family law took place in Indonesia. This article argues that the decolonization of Islamic family law in Indonesia did not occur in a single manner, but instead in two primary forms. First, accommodative decolonization, which was realized through post-independence state policies, such as the theories of receptie exit and receptio a contrario, the Religious Court Law, the Compilation of Islamic Law, and various policies of the Supreme Court and the Ministry of Religious Affairs, which negotiated fiqh traditions with the need for modern legal protection, especially for women and children. This pattern aligns with Khaled Abou El Fadl's view, which regards legal reform as an inherent part of the Islamic legal tradition. Second, conservative decolonization is reflected in fatwas and classical fiqh discourse developed by Islamic boarding schools and religious organizations, in line with Wael B. Hallaq's criticism of colonial legal modernity. This article argues that the decolonization of Islamic family law in Indonesia is an ongoing process involving the state and religious scholars, and that it does not merely aim to erase the colonial legacy but also to create a contextual, just, and responsive Islamic family law system for vulnerable groups.
RETHINKING ISLAMIC DIVORCE LAW IN INDONESIA THROUGH JASSER AUDA’S SYSTEMS APPROACH Assulthoni, Fahmi
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14501

Abstract

The rising rate of divorce in Indonesia reveals a widening gap between normative legal regulations and the evolving social realities of Muslim families. Islamic family law, which aims to preserve marital harmony, is often perceived as overly formalistic and insufficiently responsive to contemporary social and gender dynamics. This study examines Islamic divorce law in Indonesia through the systems theory developed by Jasser Auda within the broader framework of maqasid al-shari‘ah. Using a normative legal approach with qualitative analysis of statutory regulations, the Kompilasi Hukum Islam, Supreme Court regulations, and selected judicial decisions, the study operationalizes the six features of Auda’s systems theory cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness to analyze the structure and implementation of divorce law. The findings reveal several systemic weaknesses, particularly in the effectiveness of mediation, the enforcement of post-divorce financial obligations, and the legal protection of women and children. These issues indicate that divorce regulation operates within a complex interaction between legal norms, judicial practices, and changing social conditions. The study therefore argues that Islamic divorce law in Indonesia should be understood as an open and evolving legal system rather than a purely doctrinal framework. By applying Auda’s systems perspective, this research contributes to extending maqasid analysis beyond normative interpretation toward a systemic evaluation of contemporary Islamic family law.

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