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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 19 Documents
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Search results for , issue "vol 10, no 3 (2026)" : 19 Documents clear
BEYOND CODIFICATION: A MAQASID AL-USRAH-BASED NORM TRANSFORMATION MODEL OF SPOUSAL RIGHTS AND OBLIGATIONS IN INDONESIA’S COMPILATION OF ISLAMIC LAW Mufti Kamal; Umi Sumbulah; Ali Hamdan; Musataklima Musataklima; Nisa Dian Islamiaty
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16593

Abstract

This study examines the transformation of spousal rights and obligations from classical fiqh into Indonesia’s Compilation of Islamic Law (KHI). Using normative legal research with statutory, conceptual, and historical approaches, the study analyzes Articles 77–84 of the KHI alongside classical fiqh literature. The analysis integrates Alan Watson’s legal transplant theory, Lawrence M. Friedman’s legal system theory, and Jamaluddin Athiyyah’s concept of Maqasid al-Usrah. The findings show that the incorporation of classical fiqh into the KHI is not merely a process of codification or legal transplantation, but a normative transformation occurring through four mechanisms: adoption, modification, contextualization, and legal renewal. These mechanisms are reflected in the preservation of qiwāmah, nafkah, and mu‘āsyarah bi al-ma‘rūf, the expansion of family responsibilities, the strengthening of consultation and legal equality, and the development of judicial mechanisms for nusyūz and family protection. The study’s novelty lies in proposing a Maqasid al-Usrah-Based Norm Transformation Model, which reframes family leadership toward responsibility, partnership, consultation, proportional justice, and family welfare.
BANKING FRAUD IN ISLAMIC BANKING GOVERNANCE: AN ISLAMIC LAW AND ECONOMIC ETHICS PERSPECTIVE FROM BPRS PURWODADI Sakli Anggoro; Supriyadi Supriyadi; Lina Kushidayati
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15739

Abstract

Banking fraud continues to challenge the governance of Islamic financial institutions despite the implementation of internal control, auditing, and risk management systems. Previous studies have predominantly examined fraud from procedural and compliance perspectives, with limited attention to the role of Islamic ethical values in fraud prevention. This study aims to examine how fraud is understood within Islamic banking governance and to develop a value-based fraud prevention framework. A qualitative case study was conducted at BPRS Purwodadi using in-depth interviews with seven key informants, supported by observation and document analysis. Data were analyzed using the interactive model of Miles, Huberman, and Saldaña. The findings indicate that participants understood fraud not only as a legal or procedural violation but also as a breach of institutional trust (amanah). Fraud was associated with organizational pressure, supervisory weaknesses, behavioral rationalization, and insufficient internalization of Islamic ethical values. These findings suggest that effective fraud prevention requires the integration of organizational control mechanisms, ethical internalization, and sharia governance. Based on these findings, the study proposes the Islamic Ethical Fraud Prevention Framework, which integrates structural control, ethical internalization, and sharia governance into a value-based approach to fraud prevention in Islamic banking. The framework contributes to the literature by providing an integrated perspective that combines governance mechanisms with Islamic legal and ethical principles.
FROM MARRIAGE IS SCARY TO MARRIAGE READINESS: A SOCIO-LEGAL STUDY OF BANYUWANGI UNIVERSITY STUDENTS THROUGH ISLAMIC FAMILY LAW Siti Nur Ananda Prasetya; Abdul Aziz; Ansari Ansari
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16062

Abstract

The rise of the TikTok trend Marriage is Scary reflects changing perceptions of marriage among younger generations and raises questions about how digital narratives interact with Islamic family-law values. This study examines Banyuwangi university students’ responses to the trend, identifies the factors shaping their perceptions, and analyzes its implications from the perspective of Islamic family law. Employing a qualitative socio-legal approach, the study draws on questionnaires and interviews with students from Islamic-based and general universities in Banyuwangi, supported by relevant scholarly literature. The findings show that students respond to the trend critically and reflectively rather than simply rejecting marriage. The content produces diverse effects, including greater caution, anxiety, and, for some students, stronger motivation to prepare for marriage through emotional, financial, and relational readiness. Social media exposure is the dominant factor, followed by family environment, social interaction, personal readiness, and religious understanding. From an Islamic family-law perspective, the trend does not necessarily represent a rejection of marriage but reflects legitimate concerns about marital risks and responsibilities. Through maqasid al-shari’ah, particularly the preservation of life and lineage and the prevention of harm, these concerns can be transformed into constructive marriage preparation. The study argues that digital marriage discourse can function as a catalyst for critical and responsible marriage readiness.
RECONSTRUCTING SURROGACY REGULATION IN MUSLIM-MAJORITY JURISDICTIONS: A COMPARATIVE ISLAMIC FAMILY LAW AND MAQASID AL-SHARI’AH ANALYSIS Annisa Ayu Martiana; Rizky Dwi Utami; Ahmad Rifai Abun
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15276

Abstract

The rapid development of assisted reproductive technologies has created complex legal and ethical challenges for Muslim-majority jurisdictions, particularly concerning surrogacy, lineage, parentage, and child welfare. Existing studies often examine the permissibility of surrogacy from particular jurisprudential perspectives, while less attention is given to how divergent Islamic positions are translated into national regulatory frameworks and how legal gaps affect vulnerable parties. This study reconstructs surrogacy regulation through a comparative analysis of eight Muslim-majority jurisdictions: Iran, Saudi Arabia, Indonesia, Malaysia, Pakistan, Egypt, Turkey, and Lebanon. Employing qualitative doctrinal and comparative legal methods, the study examines legislation, fatwas, judicial decisions, and relevant scholarly literature. The findings reveal a fundamental divergence between Iran’s regulated permissive model, rooted in Shia jurisprudence, and the predominantly prohibitory approaches of Sunni-majority jurisdictions. Despite these differences, all jurisdictions face regulatory challenges concerning legal parentage, child registration, inheritance, surrogate protection, and enforcement. The study argues that Maqasid al-shari’ah, particularly the protection of lineage, dignity, and child welfare, provides a normative basis for developing context-sensitive regulatory frameworks. It proposes a balanced approach that preserves Islamic family-law principles while ensuring legal protection for children, surrogate mothers, and intended parents, including through clear parentage rules, informed consent, enforceable safeguards, and interdisciplinary governance.
NAVIGATING INTERFAITH MARRIAGE LAW: LEGAL MOBILIZATION, LEGAL CONSCIOUSNESS, AND ADVOCACY STRATEGIES IN INDONESIA Novita Dwi Lestari; Mufidah Ch; Zaenul Mahmudi; Mahbub Ainur Rofiq; Prayudi Rahmatullah; Nisa Dian Islamiyati
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16418

Abstract

Interfaith marriage in Indonesia is a complex socio-legal issue intersecting state law, religious norms, and civil administration. This study analyzes the legal mobilization strategies of the Harmoni Mitra Madania Foundation in advocating for interfaith couples and examines these practices through an Islamic law perspective. Using a qualitative socio-legal approach, data from interviews and literature were analyzed using Michael McCann’s legal mobilization theory. The findings reveal three main patterns. First, the foundation utilizes non-litigation legal mobilization through consultation, administrative assistance, and family networks. Second, couples actively use the law as a strategic resource, developing legal consciousness and rights discourse. Third, the narrowing of legal opportunity structures has shifted mobilization from litigation to network-based relational strategies. From a maqasid al-shari’ah perspective, this advocacy does not normatively legitimize interfaith marriage but addresses the tension between religious norms, family protection, public interest, and legal certainty. The study proposes the concept of intermediary actors in non-litigation legal mobilization.
RECONSTRUCTING SHEIKH NAWAWI AL-BANTANI’S THOUGHT ON SPOUSAL RIGHTS AND OBLIGATIONS: A CONTEXTUAL APPROACH TO CONTEMPORARY INDONESIAN FAMILY LAW Hilman Taqiyudin; Ahmad Sanusi; Dedi Sunardi; Hapizul Ahdi
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15756

Abstract

Sheikh Nawawi al-Bantani’s thought on the rights and obligations of husband and wife holds an important position in the discourse of Islamic family law because it stands at the intersection of classical Islamic jurisprudence, the pesantren scholarly tradition, and the Indonesian marriage system. This study aims to analyze the substance of Sheikh Nawawi’s thought on the rights and obligations of husband and wife, assess its relevance in the context of contemporary family life, and examine its implementation within the Indonesian marriage law system. This research employs a qualitative approach with an interpretive case study design supported by normative document analysis. The data were obtained through an examination of Sheikh Nawawi’s works, particularly ‘Uqūd al-Lujayn, Marāḥ Labīd, and Nihāyat al-Zayn, as well as Indonesian marriage regulations, including the Compilation of Islamic Law, the Marriage Law, and the Law on the Elimination of Domestic Violence. The findings show that Sheikh Nawawi’s concept of the rights and obligations of husband and wife includes mu‘āsyarah bi al-ma‘rūf, maintenance, dowry, religious education, biological relations, the wife’s obedience, the husband’s permission, and the handling of nusyūz. These concepts are grounded in shar‘i evidence, public benefit, and the orientation of maqāṣid al-syarī‘ah. Most of his ideas remain relevant, especially when read contextually through the principles of justice, protection, mutuality, and the prevention of violence. This study affirms that Sheikh Nawawi’s thought can contribute to strengthening Muslim family ethics and reforming Indonesian marriage law toward greater public benefit.
NAFKAH IN DUAL-EARNER MUSLIM FAMILIES: DISTORTION OF OBLIGATIONS AND THE NORMATIVE VACUUM IN CLASSICAL FIQH Yangto Yangto; Itang Itang
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15163

Abstract

The transformation of Muslim family structures into dual-earner arrangements has challenged the classical fiqh concept of nafkah, which traditionally assigns financial responsibility exclusively to the husband. In modern contexts, wives increasingly contribute significantly to household income, creating tension between normative doctrine and social reality. This study aims to analyze the construction of nafkah in classical fiqh, examine its practice in dual-earner Muslim families, identify the normative gap in regulating economic roles, and explore its implications for Islamic family law. The research employs a normative juridical method with a socio-legal approach, utilizing conceptual, historical, and Islamic legal sociology perspectives. Primary sources include the Qur’an, Hadith, and classical fiqh texts, while secondary sources consist of reputable academic literature. The findings reveal that classical fiqh was built upon a single-breadwinner assumption and does not provide an explicit framework for shared economic responsibility. This absence creates a normative vacuum, leading to the distortion of nafkah obligations into informal and negotiable arrangements. The study concludes that such distortion is structural rather than moral, indicating the need for a contextual reconstruction of nafkah based on justice and maqāṣid al-syarīʿah. The main contribution of this article lies in proposing a reconstruction of nafkah based on relational justice, proportionality, and maqāṣid al-syarī‘ah as a more adaptive framework for regulating economic responsibilities in contemporary Muslim families.Keywords : Nafkah; Dual-Earner Muslim Family; Classical Fiqh; Normative Vacuum; Islamic Family Law
RECONSTRUCTING INDONESIA-MALAYSIA CROSS-BORDER HALAL GOVERNANCE: A CONTEMPORARY MAQĀṢID AL-SHARĪ‘AH SYSTEMS ANALYSIS Fauzi Yati; Rozalinda Rozalinda; Ahmad Wira; Rizal Rizal
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16125

Abstract

This study aims to analyze the systemic barriers in cross-border halal governance between Indonesia and Malaysia and reconstruct a collaborative framework using Jasser Auda’s contemporary Maqāṣid al-Sharī‘ah systems theory. Despite the 2023 Memorandum of Cooperation (MoC) facilitating mutual recognition of halal certificates, practical implementation still faces reciprocity gaps, complex registration of foreign certificates, and a lack of integrated post-market surveillance. This was demonstrated by the bilateral recall of porcine-contaminated products in April 2025. This research employs a descriptive-comparative qualitative method and policy analysis utilizing the Policy Analysis Circle (Gagnon & Labonté) to examine the context, actors, processes, content, and impacts of cross-border halal regulations. The findings indicate structural regulatory discrepancies (mandatory vs. voluntary) and technical standard fragmentation. By applying Auda’s six system features—cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness—this study reconstructs the cross-border halal governance. The proposed model shifts the halal assurance paradigm from a static, bureaucratic protection (hifẓ) to a dynamic, digitally integrated development (tanmiyah). The reconstruction recommends a blockchain-based traceability platform, a Joint Post-Market Surveillance Committee, and inclusive fast-track policies for UMKM, ensuring regional halal integrity and economic welfare.Keywords: cross-border halal; Jasser Auda; Maqasid al-Shariah; mutual recognition agreement; policy analysis circle
FROM NORMATIVE VALUES TO FAMILY WELFARE: A MAQASID-BASED EVALUATION OF THE KELUARGA MASLAHAH PROGRAM BY LKKNU CENTRAL JAVA Ahmad Muammar; Ahmad Zaenur Rosyid; Hidayatus Sholihah
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15404

Abstract

This study evaluates the Keluarga Maslahah Program implemented by the Nahdlatul Ulama Family Welfare Institute (LKKNU) Central Java and examines its contribution to family welfare through a Maqasid al-shari’ah-based framework. Existing studies have predominantly approached Keluarga Maslahah from normative and conceptual perspectives, leaving limited empirical evidence on how its values are translated into community-based interventions and family welfare outcomes. This study employs a qualitative program evaluation using an embedded case study and Theory of Change framework. Data were collected through semi-structured interviews, observation, and document analysis involving LKKNU administrators, program facilitators, and beneficiary families in Kunir Village, Jepara. The findings indicate that the program operates through family education, counseling, parenting, economic empowerment through Joint Business Groups (KUBE), and religious and social activities. These interventions contribute to improvements in family literacy, economic skills, communication, religious awareness, social participation, and family economic resilience. The study also identifies an implementation gap between centralized program guidance and local adaptation, influenced by limited funding, uneven managerial participation, and weak monitoring and documentation systems. The study’s novelty lies in positioning Maqasid al-shari’ah not merely as a normative foundation but as an empirical evaluative framework linking program inputs, activities, outputs, outcomes, and impacts to multidimensional family welfare. This approach demonstrates how Islamic normative values can be operationalized in evaluating faith-based family empowerment programs.
TAHQĪQ AL-MANĀṬ DALAM TAṬBĪQ OBJEK TRANSAKSI EKONOMI DIGITAL Ahmad Munif; Ahmad Rofiq; Junaidi Abdillah
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15822

Abstract

Classical fiqh theory conceives of the subject matter of a contract as something physical and tangible. Meanwhile, digital objects are identified as abstract and considered intangible. Taḥqīq al-manāţ is a method of fiqh formulation that allows for the reformulation of past fiqh concepts while taking current conditions into account. Furthermore, the Taḥqīq al-manāţ method needs to be re-examined to align with developments in digital technology. Taḥqīq al-manāţ still focuses on a physical approach, consistent with the characteristics of classical fiqh. Using a normative usuliyyah approach, this paper seeks to analyze the theoretical relationship between digital technology-based contractual objects and economic contractual objects according to fiqh within the framework of the taḥqīq al-manāţ method. The study’s findings reveal two main conclusions: first, taḥqīq al-manāţ must be operationalized through a digital worldview. Physical requirements in classical fiqh must be aligned with the digital context through the lens of ‘urf. Second, the objects of digital economic contracts share the same characteristics regarding the identification of their physical nature, ownership, and delivery. However, these characteristics are framed through the lens of digital technology. This paper contributes to enriching the body of ijtihād taţbīqiy regarding the objects of economic contracts within the framework of taḥqīq al-manāţ.

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