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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 2 (2026)" : 20 Documents clear
HYBRID CONTRACTS AND SHARIAH REGULATORY TRANSFORMATION IN ISLAMIC BANKING : EVIDENCE FROM ACEH Lia Murlisa; Muhammad Maulana; Nilam Sari
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14733

Abstract

The implementation of the Qanun on Islamic Financial Institutions (Qanun LKS) in Aceh has transformed the regulatory landscape of Islamic banking by requiring all financial institutions to operate based on sharia principles. This study examines how hybrid contracts (al-‘uqud al-murakkabah) are structured and implemented within the post-Qanun regulatory framework. Unlike previous studies that mainly discuss hybrid contracts from normative and permissibility perspectives, this research analyzes their practical operation within a territorially binding sharia regulatory regime. This study employs an empirical legal approach with a socio-legal framework. The data were obtained from financing contract documents used in Islamic banking practices in Aceh, particularly murabahah bil wakalah, musyarakah mutanaqisah, and ijarah muntahiya bittamlik (IMBT), as well as relevant regulations and DSN-MUI fatwas. The data were analyzed qualitatively through content analysis, thematic coding, and document triangulation to examine contractual structures, implementation patterns, and potential sharia compliance risks. The findings indicate that hybrid contracts have become the dominant contractual structure in Islamic banking practices in Aceh following the implementation of the Qanun LKS. The integration of multiple contracts into a single financing structure functions not merely as product innovation, but as a regulatory adaptation mechanism that harmonizes regional sharia legislation, national banking regulations, and fatwa standards. However, the study also identifies several structural issues related to contract sequencing, clause interdependence, and documentation consistency that may create potential sharia non-compliance risks. This study argues that the institutionalization of sharia regulation in Aceh has directly influenced the reconstruction of contractual architecture in Islamic banking practices. Accordingly, hybrid contracts should be understood not only as contractual innovations, but also as institutional responses to regulatory transformation within contemporary Islamic finance.
SHARIAH-COMPLIANT PRICING BENCHMARK GOVERNANCE: A MAQASID-BASED ANALYSIS OF INDONIA THROUGH ABDULLAH BIN BAYYAH’S FRAMEWORK Ahmad Fauzi; Faiz Faiz
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14927

Abstract

This article examines the governance of Shariah-compliant pricing benchmarks in Indonesian Islamic finance by analyzing whether IndONIA-based pricing references can be justified through the maqāṣid al-sharī‘ah framework of Abdullah bin Bayyah. The study responds to the continuing dependence of Islamic financial institutions on conventional interest-based benchmarks, which may create risks of Shariah mimicry, reputational uncertainty, and weak public literacy regarding Islamic financial pricing. Employing a qualitative-normative method with a descriptive-analytical approach, this research analyzes regulatory documents issued by Bank Indonesia, OJK, and DSN-MUI, supported by relevant literature on Islamic legal philosophy and financial governance. The analysis is framed through Bin Bayyah’s concepts of fiqh al-wāqi‘, tashīl, i‘tibār al-ma’ālāt, and the distinction between wasīlah and ghāyah. The findings show that a pricing benchmark is not a ribawī object when it functions as a transparent valuation parameter rather than as a source of guaranteed return. In murābaḥah and ijārah contracts, the benchmark may serve as an initial pricing reference and rental adjustment indicator, while in muḍārabah and mushārakah contracts, it may only operate as an expected return or performance benchmark. This article contributes by proposing a maqāṣid-based governance model that links real-market data, Shariah supervision, transparency, and wealth protection. It argues that IndONIA-based benchmarking can strengthen Islamic financial integrity when anchored in real economic productivity, public accountability, and distributive justice.
DIGITAL UNCERTAINTY IN ISLAMIC BUSINESS LAW: A SYSTEMATIC LITERATURE REVIEW ON GHARAR AND MAISIR IN CONTEMPORARY E-COMMERCE TRANSACTIONS Lutfi Maulana; Ikmal Mumtahaen; Muhammad Romli; Ahmad Khaliq
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14641

Abstract

The rapid expansion of e-commerce and digital financial technologies has transformed contemporary business practices, generating new forms of contractual uncertainty that challenge established principles of Islamic business law. Central to this challenge are the classical prohibitions of Gharar (excessive uncertainty) and Maisir (speculative gain), which function as core ethical and legal benchmarks for evaluating the permissibility of commercial transactions under Shariah. Despite a growing body of scholarship addressing these issues, existing studies remain fragmented across normative, empirical, and theoretical approaches, with limited systematic synthesis. This article addresses this gap by conducting a systematic literature review (SLR) of Scopus-indexed journal articles published between 2015 and 2025 that examine Gharar and Maisir in contemporary e-commerce and digital financial transactions.Applying a PRISMA-guided methodology, the review analyzes 36 unique studies and synthesizes findings across four analytical dimensions: study characteristics and quality, theoretical foundations, thematic patterns of digital transactions, and methodological trends with associated research gaps. The findings reveal strong scholarly convergence on the centrality of contractual transparency, informed consent, and risk mitigation as prerequisites for Shariah compliance in digital transactions. At the same time, significant divergence persists regarding the scope of acceptable uncertainty, particularly in relation to emerging technologies such as cryptocurrencies and gamified e-commerce models. The review further demonstrates that Gharar functions as the dominant conceptual gateway for regulating digital commerce, while Maisir operates as a critical boundary marker in cases of extreme speculation.This study contributes to Islamic business law scholarship by offering an integrated conceptual and methodological map of existing research, clarifying areas of consensus and contestation, and identifying priority directions for future inquiry. The findings underscore the need for adaptive regulatory frameworks, empirically informed legal analysis, and purposive interpretation grounded in maqāṣid al-sharīʿah to ensure that Islamic legal principles remain ethically robust and practically relevant in the digital economy
MUI FATWA NO. 2/2025 ON EQUITABLE TAXATION: A MAQASID SYSTEMS AND NKRI-CONTEXTUAL ANALYSIS Ryan Bianda; Nur Hasan; Muhammad Yosef Niteh; Maad Ahmad
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14760

Abstract

This article examines MUI Fatwa No. 2/2025 on equitable taxation as a religious-normative framework for evaluating fiscal legitimacy in Indonesia. The study addresses the question of how taxation, as a civic obligation, can be justified within Islamic legal reasoning in relation to justice, public welfare, zakat, and state accountability. Using a qualitative, normative, textual method, the article treats the fatwa as the primary source and analyzes it through Jasser Auda’s MAQASID systems approach and KH. Afifuddin Muhajir’s NKRI contextual understanding of the state as a wasīlah for realizing public welfare. The findings reveal that the fatwa does not consider taxation to be inherently legitimate simply because it is imposed by the state. Rather, the fatwa establishes equitable taxation through three main categories: conditional legitimacy, distributive protection, and procedural integrity. Taxation is legitimate only when public resources are insufficient, fiscal burdens are imposed on those who can pay, essential needs are protected from excessive taxation, and tax revenue is managed with amānah (trustworthiness), transparency, accountability, professionalism, and fairness. The fatwa also considers zakat a tax-reducing factor, addressing the risk of overlapping fiscal burdens for Muslim taxpayers. The article argues that the fatwa does not replace the state’s legal-fiscal authority but rather provides an ethical benchmark for assessing whether taxation is just, accountable, and oriented toward public welfare under NKRI conditions.
SINGLE PARENTING AND THE CONSTRUCTION OF SAKINAH FAMILIES: INTEGRATING ISLAMIC FAMILY LAW AND ROLE STRAIN THEORY Siti Nafilatul Ahlamiyah; Mujiburrohman Mujiburrohman
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14953

Abstract

This study examines the challenges of single parenting in realizing a sakinah family from the perspectives of Islamic family law and Role Strain Theory. The increasing prevalence of single-parent households has raised concerns regarding the sustainability of family harmony and parental responsibilities, while existing studies tend to separate normative Islamic teachings from sociological analysis. This study aims to analyze the relevance of Qur'an Surah An-Nisa verse 9 in guiding parental responsibilities and to explain the role strain experienced by single parents in maintaining family stability. Employing a qualitative library research approach, the study analyzes Qur'anic exegesis, scholarly literature, and sociological theories related to family dynamics and parenting. The findings indicate that single parents experience multiple role demands as economic providers, caregivers, educators, and emotional supporters, resulting in role strain. However, these pressures do not necessarily undermine family harmony, as adaptive coping strategies, religious values, and social support can strengthen parental resilience. Qur'an Surah An-Nisa verse 9 provides a normative framework emphasizing the protection of future generations through responsibility, compassion, and moral commitment. The study further demonstrates that the realization of a sakinah family depends more on the quality of parenting and value internalization than on the completeness of family structure. The novelty of this research lies in integrating Islamic family law with Role Strain Theory to provide a comprehensive framework for understanding single parenting in contemporary Muslim societies. The findings contribute to the development of Islamic family law and family sociology while offering practical insights for strengthening family resilience through religious and social support systems.
RECONSTRUCTION OF THE DIGITAL ECONOMY ALGORITHM FROM KHITAB WAD’I TO KHITAB TAKLIF: A PERSPECTIVE FROM JASSER AUDA’S SYSTEM THEORY Doni Ekasaputra; Tutik Hamidah; Slamet Slamet
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14668

Abstract

This article examines the reconstruction of digital economic algorithms from the category of khitab wad’i to khitab taklif through the perspective of Jasser Auda’s systems theory. The rapid expansion of digital transactions has transformed algorithms from merely technical instruments into automated decision-making systems that influence contracts, pricing, recommendations, credit scoring, and user access to economic services. This development raises a fundamental question in Islamic economic law: whether algorithms should remain understood as passive legal means or be positioned as functional extensions of human action. This study employs normative legal research with conceptual, philosophical, and maqasidi approaches. The data are derived from classical usul al-fiqh literature, Jasser Auda’s systems theory, and contemporary studies on algorithmic governance in the digital economy. The findings show that classical usul al-fiqh tends to position algorithms as wasilah or sabab, while systems theory enables a more holistic reading by connecting human intention, technological design, automated action, legal consequence, and maqasid. This article argues that algorithms in the digital economy may be reconstructed as part of fi’l al-mukallaf because their operation reflects human intention, design, and responsibility. This reconstruction contributes to the development of Islamic digital economic law by strengthening legal accountability, ethical responsibility, and maqasid-based governance in automated transactions.
THE BUREAUCRATIZATION OF FAITH: THE POLITICAL BACKDROP OF INDONESIA’S FIRST SHARIA-COMPLIANT ECONOMIC LEGISLATION Ahmad Fathan Aniq; Umi Chaidaroh
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14955

Abstract

This study examines the political backdrop of the rise of Sharia-compliant economic rules during the final decade of Indonesia’s New Order regime. Through a critical lens of political economy, this study aims at analyzing the political-historical landscape that facilitated the birth of the nation’s first Islamic banking. Using a qualitative approach, this study employs a historical perspective to investigate the convergence of state power and legislative policy during the late 1980s and early 1990s. The research results indicate that the enactment of the Law No 7 of 1992 on Banking, which becomes the foundation of Islamic finance, served primarily as a strategic tool of state diplomacy aimed at perpetuating the New Order’s hegemony. Drawing on Tarek Masoud’s political economy framework, this study argues that Suharto pivoted toward a Sharia-compliant economic system to secure a new foundation of legitimacy among the burgeoning educated Muslim middle class. This maneuver was a calculated response to mitigate declining support from secular military factions and to co-opt the moral reputational advantage of Islamic institutions
THE TASALUH, TANAZUL, AND TAKHĀRUJ MODELS IN THE INHERITANCE PRACTICES OF MADURESE CLERICAL FAMILIES IN MADURA A Mufti Khazin; Ahmad Musadad; Tri Pujiati; Ifa Mutitul Choiroh; Moh. Hatta; Baihaqi Baihaqi
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14669

Abstract

This study examines the implementation of tasāluh, tanāzul, and takhāruj in inheritance settlement within the family of the late Kiai Haji AMM in Panaan Village, Palengaan, Pamekasan, Madura. The research addresses a theoretical tension between the textual-mathematical normativity of faraid and socio-cultural realities that prioritize deliberation and familial harmony. Employing a qualitative case study design within a socio-legal framework, the study integrates in-depth interviews, participant observation, inheritance agreement documentation, and analysis of classical Islamic inheritance jurisprudence alongside maqāṣid al-sharī‘ah theory. The findings demonstrate that faraid remains the acknowledged normative baseline; however, its application is mediated through tasāluh grounded in mutual consent (‘an tarāḍin). Tanāzul and takhāruj operate as flexible redistributive instruments that are jurisprudentially valid and socially adaptive. From a maqāṣid perspective, the practice safeguards not only ḥifẓ al-māl (protection of property) but also ḥifẓ al-‘ird and ḥifẓ al-ukhuwwah (protection of dignity and fraternity), thereby fostering substantive justice and preventing intra-family conflict. The study formulates a “Consensual-Religious Inheritance Model of Madura,” integrating textual normativity, moral authority of religious leaders, and relational justice. These findings contribute to strengthening mediation-based inheritance mechanisms within Indonesian Islamic family law and advancing contemporary discourse on living fiqh grounded in local socio-religious wisdom.
DISHARMONY IN THE REGULATION OF BAI’ AL-WAFA’ WITHIN THE KHES AND THE REGULATORY VACUUM OF DSN-MUI FATWAS: A NORMATIVE STUDY OF SHARIA ECONOMIC LAW Dadang Zenal Mutaqin; Wati Irnawati
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14795

Abstract

Bai’ al-wafa’ is a controversial contract construction in muamalah fiqh, located in a gray area between buying and selling and pawning. This study aims to analyze the disharmony of norms related to the regulation of bai’ al-wafa’ in the Islamic economic legal system in Indonesia. The main problem lies in the dualism of regulations: the Compilation of Islamic Economic Law (KHES) explicitly legalizes this practice through Articles 112-115, while the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) is in a position of authoritative vacuum. Using a juridical-normative method, this study examines the implications of the tension between formal legality and sharia compliance. The results show that the legality of bai’ al-wafa’ in KHES is a form of legal pragmatism to accommodate market needs, while the vacuum of DSN-MUI fatwas is interpreted as the application of the principle of prudence (ihtiyath) to prevent the practice of hidden usury (hilah). This study concludes that the legality of bai’ al-wafa’ in the KHES is a form of legal pragmatism that risks violating the purity of sharia principles, therefore, the supremacy of the DSN-MUI fatwa must be prioritized as the standard of compliance.
BEYOND MORAL COMPLIANCE: FAITH, TRUST, AND SOCIO-ECONOMIC BONDING IN INDONESIAN ISLAMIC MICROENTERPRISES Mansur Mansur; Siti Nur Mahmudah; Fitria Nur Masithoh; Sahrul Sahrul
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14999

Abstract

This article examines how faith-based ethical norms generate economic resilience through socio-economic bonding in Indonesian Islamic microenterprises. A qualitative case study was conducted on a traditional food enterprise in Sampang, East Java, operating continuously from 1995 to 2025. Data were collected through semi-structured interviews with eight participants (owner, family members, repeat and occasional customers), non-participant observation, and document analysis. Using reflexive thematic analysis and process tracing, the study identifies three interconnected mechanisms: faith-driven trust formation, ethical reciprocity, and community embeddedness. The findings demonstrate that repeated ethical conduct—pricing transparency, product consistency, and courteous service—accumulates into relational capital that stabilizes customer loyalty and generates word-of-mouth diffusion. This mechanism enhances enterprise resilience against external shocks such as seasonal fluctuations, though the single-case design limits generalizability. The study contributes to Islamic economics by conceptualizing ethical practice as a relational capital formation process, offering a grassroots perspective on microenterprise sustainability in Muslim-majority contexts.

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