cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Zainuddin Sunarto
Contact Email
zain2406@gmail.com
Phone
+6282232108969
Journal Mail Official
hakam.unuja@gmail.com
Editorial Address
Fakultas Agama Islam Universitas Nurul Jadid PO. BOX . 1 Karanganyar Paiton Probolinggo 67291 Jawa Timur
Location
Kab. probolinggo,
Jawa timur
INDONESIA
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 132 Documents
 9   10   11   12   13 
ANALYSIS OF THE STRATEGY FOR DISTRIBUTING ZIS FUNDS THROUGH THE TEACHER CARE PROGRAM AT LAZISMU, SURAKARTA CITY Islamudin, Ayub Makrub; Irsan, Irsan
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11635

Abstract

Poverty is a major problem in Indonesia that continues to be faced to this day. Lazismu Surakarta City comes with a program that provides solutions in the midst of the void of things that escape the government's attention. This study aims to analyze the strategy of distributing ZIS funds through the teacher care program at Lazismu Surakarta. The method used in this research is a qualitative method, the data source of this research uses primary and secondary data, primary data collected by interview, observation and documentation directly at the Surakarta lazismu office while secondary data is obtained from various kinds of journal literature, lazismu official web, articles and others. The results of this study indicate that the strategy of channeling ZIS funds carried out by Lazismu Surakarta is among others: cooperating with the Education Council of the Regional Leadership of Aisyiyah Surakarta to survey, each teacher is given an account number on behalf of the teacher, using BPRS HIK Surakarta bank as a distribution, gathering all selected teachers at the beginning of the year and certain moments. Sharia review of the strategy of distributing ZIS funds through the teacher care program in the lazismu of Surakarta city is generally in accordance with the guidance of the Qur'an and As sunnah, teachers can receive subsidies from zakat funds as part of the fiisabilillah group, because their role in preparing cadres of people is a form of jihad in the way of Allah and efforts to uphold the sentence of Allah, the use of banks as wasilah in transferring zakat is permissible because there is no element of forbidden, lazismu feedback to the BPRS HIK bank should not be necessary because this can diminish or weaken the sincerity of those who give zakat.
IMPLICATIONS OF LONG DISTANCE MARRIAGE ON STUDENT LEARNING MOTIVATION (Case Study at STDI Imam Syafi'i Jember) Armadi, Ardian Bagus; Muhtadin, Sabilul
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11374

Abstract

Humans are social beings who in essence cannot live and meet their own needs.  One manifestation of humans as social creatures is to get married.  The couple Long Distance Marriage (LDM) who decided to live in different places and separated by distance cause each individual to need a role that should be obtained by a partner who lives one roof.  Long Distance Marriage (LDM) will also interfere with the concentration of students in receiving education in lectures and motivation that tends to be unstable.  This study aims to analyze the factors causing the occurrence of long distance marriage and impact as well as efforts made by STDI Imam Syafi'i students in maintaining learning motivation.  This study uses a qualitative approach with the type of case study research.  Factors causing the occurrence of long distance marriage in STDI students academic factors, economic factors, and work factors.  Negative impacts include difficulty focusing, emotional burden, difficulty setting time.  The positive impact includes better time management, motivation to complete studies.  Solutions for couples Long Distance Marriage in maintaining their learning motivation include routine contacting couples, asking for family support, letting intentions, manage time well..
THE RULES OF IJTIHAD AND ITS URGENCY IN ISLAMIC JUSTICE IN INDONESIA (An Analysis of The Book al-Qawā’id al-fiqhiyyah bayna al-aṣālah wa al-tawjīh by muhammad bakr ismail) Permana, Ayus; Adrian, Muhammad Fikri; Asmuni, Asmuni
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11152

Abstract

This research discusses the rules of fiqh related to ijtihad in the context of Islamic justice, with reference to the paper entitled al-Qawāʿid al-Fiqhiyyah Bayna al-Aṣālah wa al-Tawjīh by Muhammad Bakr Ismail. Rules of Fiqh are a basic principle in Islamic law that serves as a methodological guideline in understanding and applying law contextually. In judicial practice, ijtihad plays an important role in resolving cases that are not explicitly regulated in the nash, including in the process of evaluating evidence and making legal decisions. This study uses a literature study method with a descriptive-analytical approach to identify and analyze the relevance of fiqh principles to the ijtihad process in Islamic courts.The results of the study show that principles such as al-ijtihādu lā yunqadhu bi al-ijtihād, al-tarjīḥ lā yaqa’u bikasrat al-’ilal, lā ḥujjata ma’a al-iḥtimāl al-nāshi’ ‘an dalīl, al-waṣfu fī al-ḥāḍir laghwun wa fī al-ghā’ib mu’tabar, and al-ṣulḥu jā’izun bayna al-muslimīn illā ṣulḥan ḥarrama ḥalālan aw aḥalla ḥarāman play a role in maintaining objectivity, rigor, and fairness in decision-making. Thus, a deep understanding of the rules of fiqh becomes an important foundation in directing the practice of ijtihad that is not only valid according to sharia, but also relevant to the dynamics of the law and the need for justice in contemporary society.
REVIEW OF MAQĀṢID AL-SHARĪ'AH ON THE PERFORMANCE AND PROFESSIONALISM OF PRODUCTIVE WAQF NADZIR IN INDONESIA Maswanto, Akhmad Rudi; Yudha, Firma
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11427

Abstract

Waqf is one of the instruments of Islamic philanthropy that has great potential in improving the welfare of the people. Nadzir holds a central role as the party responsible for the management and development of waqf assets. This article aims to examine the professionalism and ethics of waqf nadzir from the perspective of Islamic law, using the theory and analysis of maqāṣid al-sharī'ah on the practice of productive waqf in Indonesia. This research uses a qualitative-descriptive approach through the method of literature study, referring to classical and contemporary Islamic law sources as well as national waqf regulations. The results of the study show that efforts to improve the professionalism of a waqf nadzir are to prioritize the principles of Islamic law. Commitment to justice and transparency is a moral-legal responsibility in the management of waqf property. Therefore, strengthening the capacity and integrity of a nadzir is essential to make waqf an instrument for sustainable economic development of the ummah.
THE IMPACT OF PRODUCER MARKETING STRATEGIES THROUGH E-COMMERCE ON UMKM IN THE PERSPECTIVE OF SHARIA ECONOMIC LAW Prasetyo, Dony Eko
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.9967

Abstract

The rise of e-commerce has revolutionized transaction patterns and marketing strategies in Indonesia. Its ease of access, extensive promotions, and operational efficiency provide significant advantages for large-scale producers in reaching consumers. However, this advancement poses serious challenges for Usaha Mikro, Kecil, dan Menengah (UMKM)that still operate traditionally. The imbalance in competitiveness, declining customer visits to offline markets, and threats to local economic sustainability emerge as key issues. This study adopts a qualitative approach through a literature review to analyze the impact of large producers’ marketing strategies via e-commerce from the perspective of Islamic economic law. Findings indicate that Sharia principles—such as justice, transparency, and social responsibility—demand ethical standards in competition, ensuring that digital marketing practices do not marginalize MSMEs. Therefore, regulatory and educational interventions from the government are necessary to promote inclusive digital transformation while maintaining economic balance through the application of Islamic values in online business practices.
DISTRIBUTION OF ZAKAT FITRAH THROUGH SHOPEE E-COMMERCE: Digital Transformation in the Modern Era Robbani, Shofa; Khairunisa, Sabilla Putri; Mahmudah, Nidaul; Aprillia, Linda; Syafi'iyah, Latifatus; Habibullah, Hakim Musthofa
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.11438

Abstract

This study examines the practice of zakat fitrah distribution through digital platforms, particularly marketplaces like Shopee, from the perspective of Islamic law. The phenomenon of zakat digitalization has emerged as a response to technological developments and the modern need for convenience in religious obligations. The purpose of this research is to assess the validity of such practices based on the principles of zakat jurisprudence and to identify the challenges and impacts of digital zakat fitrah implementation. This study uses a normative-juridical approach with qualitative descriptive methods, collecting data through literature review of classical and contemporary sources as well as observation of marketplace practices. The findings indicate that from an Islamic legal standpoint, online zakat fitrah distribution is permissible as long as it fulfills the elements of intention, time, zakat form, and proper distribution to eligible recipients (mustahik). However, challenges such as lack of transparency, the possibility of zakat not reaching local beneficiaries, and misuse of zakat funds remain issues. In conclusion, digital zakat fitrah is legally valid in Islam if it involves official zakat institutions and maintains accountability. This study recommends stricter oversight, public education on digital zakat, and development of location-based systems for more equitable and effective distribution.
A COMPARATIVE STUDY OF THE CIVIL RIGHTS OF BIOLOGICAL CHILDREN IN THE PERSPECTIVE OF ISLAMIC LAW AND POSITIVE LAW IN INDONESIA Busyra, Muhammad
JURNAL HAKAM Vol 9, No 1 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i1.10931

Abstract

This study examines the comparison of the civil rights of biological children according to Islamic law and Positive law in Indonesia. The difference of means and perspectives between Islamic Law and Positive Law in Indonesia towards biological children will have an impact on the existence or absence of civil rights for biological children themselves. In Islamic law in Indonesia, biological children only have a nasab relationship with their biological mother and mother’s family. But positive law recognizes a civil relationship with both parents and their families. This research was conducted to answer the need for a more comprehensive material legal rule related to the civil rights of biological children, both in Islamic law and positive law in Indonesia, considering the lack of clear regulations and their impact on people’s lives. The type of research method used in this study is library research, using qualitative research methodology with four approach models, namely statute approach, conceptual approach, analytical approach and comparative approach. This study yielded two main conclusions: first, biological children in Islamic law have only a civil relationship with their mother and her mother’s family. While in Positive law, his status is to have a civil relationship with his father and mother as well as the families of both. Second, in Islamic law, even though a biological child does not have a civil relationship with his biological father, he still has the right to receive living, health, and education expenses as well as the right to obtain property in the form of a mandatory will from his biological father through the institution of ta’zir. While in Positive law, biological children get rights like legitimate children.
THE BOYCOTT OF ISRAELI PRODUCTS FROM THE PERSPECTIVE OF SADZ AL-DZARAI’: A NORMATIVE ANALYSIS WITHIN ISLAMIC LAW Fauziah, Ai Samrotul
JURNAL HAKAM Vol 9, No 2 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i2.13319

Abstract

The phenomenon of boycotting Israeli products in Indonesia is a form of showing the morality and conscience of society based on very serious solidarity with Palestine. The boycott was carried out due to genocide and intimidation carried out by Israel, especially Israeli attacks which have recently increased and become more severe in most of the Palestinian territories. The context of this discussion is the Boycott, Divestment, Sanctions (BDS) movement which was born as the key to suppressing various large companies that have ties to Israel and support their economic prosperity. This was done with the intention of supporting the Palestinian people who have been sadistically and horribly oppressed. This research was conducted with the aim of analyzing the phenomenon of boycotting Israeli goods from the perspective of sadd adzzariyat. This research uses descriptive qualitative by analyzing secondary data from various literature sources, including case studies, scientific journals and articles. This research will discuss the phenomenon of boycotting as viewed from sadd adzzariyat, as Islamic law studied by Ushul Fiqh scholars explains that sadd adzzariyat prohibits or prevents work that was previously permissible to be done but can lead to something that is prohibited.
IMPLEMENTATION OF THE WAKALAH BIL UJROH CONTRACT IN FINANCING PRODUCTS AT ISLAMIC FINANCIAL INSTITUTIONS Auliaurrahman, Muhammad Fikri
JURNAL HAKAM Vol 9, No 2 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i2.12140

Abstract

ABSTRACTThis study aims to analyze the implementation of the Wakalah bil ujrah contract in financing products within Islamic financial institutions and to identify the challenges and opportunities in its application. This contract allows financial institutions to act as representatives of customers in conducting specific financial transactions while receiving ujrah (fees) as compensation for the services provided.  This research employs a descriptive qualitative method using literature review techniques and a conceptual approach. The findings indicate that the Wakalah bil ujrah contract is applied in various products, such as Islamic multipurpose financing, home ownership financing (Islamic mortgage/PPR Syariah), vehicle financing, and micro and SME financing and Hajj Financing.  However, its implementation still faces several challenges, including limited public understanding of this contract, differences in regulatory interpretations among Islamic financial institutions, and competition with conventional financing products. To overcome these challenges, efforts such as public education, regulatory harmonization, product innovation, and increased transparency in managing ujrah fees are necessary.Keywords : Wakalah bil ujrah, Islamic Financing, Islamic Financial Institutions, Regulations, Product Innovation. ABSTRAKPenelitian ini ditulis bertujuan untuk menganalisis penerapan akad wakalah bil ujrah dalam produk pembiayaan di lembaga keuangan syariah serta mengidentifikasi tantangan dan peluang dalam implementasinya. Akad ini memungkinkan lembaga keuangan bertindak sebagai wakil nasabah dalam melakukan transaksi keuangan tertentu dengan memperoleh ujrah (fee) sebagai imbalan atas jasa yang diberikan. Penelitian ini menggunakan metode kualitatif deskriptif dengan teknik studi literatur dan pendekatan konseptual. Hasil penelitian menunjukkan bahwa akad wakalah bil ujrah diterapkan dalam berbagai produk pembiayaan di LKS yaitu seperti pembiayaan multiguna syariah, pembiayaan kepemilikan rumah (PPR Syariah), pembiayaan kendaraan, pembiayaan usaha mikro dan UKM serta pembiayaan haji. Namun, penerapannya masih menghadapi beberapa tantangan, seperti kurangnya pemahaman masyarakat mengenai akad ini, perbedaan interpretasi regulasi antar lembaga keuangan syariah, serta persaingan dengan produk pembiayaan konvensional. Untuk mengatasi kendala tersebut, diperlukan upaya edukasi masyarakat, harmonisasi regulasi, inovasi produk, serta peningkatan transparansi dalam pengelolaan biaya ujrah.Kata Kunci: Wakalah bil ujrah, Pembiayaan Syariah, Lembaga Keuangan Syariah, Regulasi, Inovasi Produk.
RAISING THE MARRIAGE AGE, RAISING DISPENSATIONS? EVIDENCE FROM THE MALANG RELIGIOUS COURT AFTER CONSTITUTIONAL COURT DECISION NO. 22/PUU-XV/2017 Arifah, Risma Nur; Hussin, Mohd Nurhusairi Bin Mat; Rahmawati, Erik Sabti; Zahro, Anggreani Kharimatuz
JURNAL HAKAM Vol 9, No 2 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v9i2.13761

Abstract

This study examines the legal consequences of Constitutional Court Decision No. 22/PUU-XV/2017 on the minimum marriage age and its relationship with the rising number of marriage dispensation cases before the Malang Religious Court. Using an empirical juridical (socio-legal) approach, primary data were collected through interviews with judges and court clerks, while secondary data comprised relevant statutes, the Constitutional Court decision, and selected court rulings. The findings indicate that the decision was accommodated through Law No. 16 of 2019, which equalized the minimum marriage age at 19; however, implementation has redirected practices toward the dispensation mechanism. SIPP data show a sharp increase in dispensation petitions in the Malang City Religious Court (83 in 2018; 183 in 2019; 260 in 2020; 261 in 2021). Key constraints include open-textured dispensation standards, weak operational guidance and cross-sector coordination, the voluntary nature of proceedings, and broad judicial discretion that normalizes dispensations. Policy recommendations include tightening “urgent reasons” criteria, issuing stricter judicial guidelines, and requiring health-psychological assessments and child-protection involvement.

Page 11 of 14 | Total Record : 132

 9   10   11   12   13 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 9, No 2 (2025) Vol 9, No 1 (2025) Vol 8, No 2 (2024) Vol 8, No 1 (2024) Vol 7, No 2 (2023) Vol 7, No 1 (2023) Vol 6, No 2 (2022) Vol 6, No 1 (2022) Vol 5, No 2 (2021) Vol 5, No 1 (2021) Vol 4, No 2 (2020) Vol 4, No 1 (2020) Vol 3, No 1 (2019) Vol 2, No 2 (2018) Vol 2, No 1 (2018) Vol 1, No 2 (2017): Desember Vol 1, No 1 (2017): Juni More Issue