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Muhammad Zainuddin Sunarto
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Fakultas Agama Islam Universitas Nurul Jadid PO. BOX . 1 Karanganyar Paiton Probolinggo 67291 Jawa Timur
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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 129 Documents
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REVIEW OF ISLAMIC LAW AND LAW NO. 1 OF 1974 AND CONSTITUTIONAL COURT DECISION NO. 46/PUU-VIII/2010 CONCERNING SIRI MARRIAGE LAW: THE POSITION OF WIVES, CHILDREN AND PROPERTY Bakri, Syaiful; Abrori, Muhammad
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.v9i2.12754

Abstract

This study discusses the position of wives, children, and property in unregistered marriages based on Islamic law, Law No. 1 of 1974, and Constitutional Court Decision No. 46/PUU-VIII/2010. The method used is a legal-normative approach with a comparative approach to Islamic legal literature and legislation. The results of the study show that according to Islamic law, unregistered marriages are valid religiously if they fulfill the pillars and requirements of marriage, but they do not have legal force because they are not registered. As a result, wives and children find it difficult to obtain legal protection for their status and civil rights, including inheritance rights and joint property. Constitutional Court Decision No. 46/PUU-VIII/2010 recognizes the civil relationship between children born out of wedlock and their biological fathers, thereby strengthening legal protection for children born from siri marriages. Therefore, marriage registration is important to ensure legal certainty for all parties.
CHILD PROTECTION IN THE PERSPECTIVE OF MULTICULTURALISM: BRIDGING TRADITIONAL VALUES AND MODERN LEGAL POLICY Sunarto, Muhammad Zainuddin
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.v9i1.13602

Abstract

This study aims to analyze how child protection principles can be reconciled with traditional values through a multiculturalism approach. In Indonesia, which is rich in ethnic, cultural, and religious diversity, child protection often faces significant challenges due to the differences between positive law and local cultural practices. Some traditional values, such as child marriage and corporal punishment as a form of discipline, often conflict with the child rights principles outlined in national and international law. This approach suggests the need for reconciliation between existing social norms in society and proactive legal policies that protect children. Through inter-cultural dialogue, reinterpretation of child-friendly religious values, and education based on universal human rights, child protection policies can become more contextual and effective. This study reveals that to create an ideal child protection system, cooperation between positive law and traditional values is required. The research is expected to contribute to the development of inclusive, just, and sustainable child protection policies that ensure children's rights in a safe, fair, and dignified environment.
ANALYSIS OF LEGAL POLICY IMPLEMENTATION AGAINST PERPETRATORS OF CHILD BULLYING Sulistina, Sulistina; Sari, Amilia Putri Kartika; Yusri, Efrilia; Musdalifah, Arindy Sri
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.v9i2.13322

Abstract

Bullying is a common occurrence in Indonesia. Many cases of bullying occur in schools, from elementary to secondary education, and even at the university level. The law has its own perspective on children who become perpetrators of crimes. Legal treatment for children in conflict emphasizes the best protection for children, not just retaliation. The method used in this study is normative juridical or normative legal research, also commonly referred to as doctrinal legal research. The discussion in this study will outline the rules and implementation of legal policies against perpetrators of bullying who are minors. The conclusion of this study is that bullying in school-age children is deviant behavior, both in the form of physical and psychological violence, namely by underage children as subjects against other children as objects of the deviation, carried out through physical, verbal, relational, and electronic bullying. Law enforcement against minors who commit bullying refers to Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Legal protection measures for crimes committed by children are pursued. Diversion, however, does not prevent the possibility of criminal sanctions as stipulated in Article 76C of the Child Protection Law.
DECONSTRUCTING MU’ASYARAH BI AL-MA’RUF: TOWARD A GENDER-JUST FRAMEWORK OF ISLAMIC FAMILY LAW Anisa, Lina Nur
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.v9i2.12198

Abstract

This research offers a novel contribution to Islamic family law by deconstructing the concept of mu’asyarah bil ma’ruf as a normative foundation for addressing contemporary legal and social challenges. Departing from traditional textual interpretations, the study reconceptualizes mu’asyarah bil ma’ruf as a dynamic and inclusive ethical-legal framework grounded in justice, reciprocity, and gender equality. The scope of the research covers ethical, social, and legal dimensions of harmonious family life in Islam, with particular attention to husband–wife relations and family justice. Employing qualitative library research, this study utilizes content and critical analysis of primary Islamic legal sources, court decisions, and relevant family law policies. The findings reveal that classical normative frameworks often reflect patriarchal assumptions that constrain women’s rights and fail to respond adequately to contemporary social dynamics, resulting in legal and social inequalities. Through a deconstructive approach, the research exposes these biases and proposes an alternative interpretation that emphasizes mutual respect, proportional rights and obligations, and substantive justice within the family. This study concludes that reinterpreting mu’asyarah bil ma’ruf is essential for developing a more just and responsive Islamic family law. Practically, the findings contribute to Islamic legal reform by providing a conceptual basis for gender-sensitive legislation, judicial interpretation, and family law policies that protect women and children while remaining firmly rooted in Islamic values.
JURIDICAL REVIEW OF MARRIAGE CONTRACTS FOR PREGNANT WOMEN: HARMONIZING ISLAMIC LAW AND INDONESIAN NATIONAL LAW ON LINEAGE AND CHILD PROTECTION Nst, Yurizka Syahdani; Hasanah, Uswatun
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.v9i2.13864

Abstract

This study discusses the legal provisions regarding marriage contracts for pregnant women from the perspective of Islamic law and national law in Indonesia, with a focus on the validity of the contract and the status and rights of children born from such marriages. The method used is library research with a normative-comparative approach through the study of the Qur’an, hadith, Compilation of Islamic Law (KHI), Law Number 1 of 1974 concerning Marriage, and Constitutional Court Decision Number 46/PUU-VIII/2010. The results of the study show that both legal systems basically allow the marriage of pregnant women in Islamic law as a form of moral responsibility and an effort to preserve offspring (hifz al-nasl), and national law through Article 53 of the KHI does not require waiting for the birth of the child, while the Constitutional Court Decision provides certainty of civil protection for children born out of wedlock based on biological evidence. This study fills a gap in the literature, which rarely conducts normative comparative analyses between Islamic law and constitutional jurisprudence regarding the implications of a child’s status. The main contribution of this research is to offer an interpretive harmonization framework that integrates biological evidence and the principle of protecting offspring to strengthen legal certainty and child protection. These findings have implications for recommendations for more coherent family law policies between religious norms and positive provisions.
SHARIA ECONOMIC LAW ON THE GROWTH OF MICRO, SMALL, AND MEDIUM ENTERPRISES (UMKM) IN THE DIGITAL ERA Safitri, Meisa Nur; Nurkhafiah, Nabila; Nurzihan, Siti; Turromaniyah, Afifa
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.v9i2.13161

Abstract

The growth of MSMEs in the digital era requires strong Sharia governance, the expansion of Sharia-based fintech, and the enhancement of Islamic economic literacy to ensure that digital transformation proceeds fairly and sustainably. This study examines the relevance of Sharia Economic Law in promoting the growth of MSMEs amid rapid digital transformation. In an era where online transactions, digital payments, and fintech platforms dominate the business ecosystem, Islamic legal principles such as justice (‘adl), transparency (shafafiyyah), and the prohibition of riba and gharar are increasingly important to implement. Using a qualitative descriptive approach, this research analyzes how Sharia-based financial regulations and innovations influence MSME development. The results show that digital Sharia financing provides broader and more ethical access to funding for MSMEs. However, challenges remain, including low digital literacy, weak supervision of Sharia compliance, and a lack of regulatory synergy between national economic policies and Islamic economic principles.
HAK KEKAYAAN INTELEKTUAL SEBAGAI OBJEK JAMINAN PEMBIAYAAN DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH Jalaludin, Diding; Padhilah, Piqi Rizqi; Rojikin, Umar; Kholid, Muhamad; Astarudin, Tatang
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.v9i2.11878

Abstract

This article examines the status of Intellectual Property (IP) as collateral for financing within the framework of Islamic Economic Law. IP—covering trademarks, patents, copyrights, industrial designs, trade secrets, and communal intellectual property—embodies reputation and economic value, thereby raising the question of whether it may qualify as māl (property) and function as marhūn (pledged collateral). Employing a descriptive-analytical method and a juridical-empirical approach through library research, the study analyzes statutory regulations on IP-based security, relevant fatwas, and contemporary Islamic legal scholarship. The findings suggest that IP conceptually corresponds to ḥaqq al-ibtikār (creative/authorial right), which is increasingly recognized as a proprietary right containing both economic and moral dimensions. Its legitimacy is frequently grounded in ‘urf (recognized custom) and maṣlaḥah mursalah (public interest), supporting the permissibility of utilizing IP as collateral under the general maxim that commercial transactions are allowed unless proven otherwise. The article further proposes Sharia-compliant operational models—such as rahn combined with murābaḥah, ijārah, istiṣnā‘, and profit-sharing schemes (muḍārabah/mushārakah)—subject to strict avoidance of ribā, gharar, and maysir, and contingent upon reliable valuation standards, secondary-market readiness, and enforceable execution mechanisms. Divergent scholarly views are mapped, particularly regarding intangibility, valuation volatility, and moral-right constraints.
KAFA’AH DALAM PERKAWINAN PERSPEKTIF MAQASID AL-SYARI’AH (Studi Kasus pada Pesantren Darul Ma’sum dan Yayasan Darussalam Kabupaten Probolinggo) Salim, Muhamad Agus; Meilinda, Fauziyah Putri
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.v9i2.13366

Abstract

This study examines the concept of kafa’ah (marital compatibility) from the perspective of Maqashid al-Shariah, using a case study of Darul Ma’sum Islamic Boarding School and Darussalam Foundation in Probolinggo Regency. The research is motivated by social phenomena within Islamic boarding schools (pesantren), where the application of kafa’ah varies between a traditional approach emphasizing equality in lineage, social status, and religious scholarship and a more contextual interpretation that prioritizes welfare (maslahah), happiness, and spiritual responsibility. The aim of this research is to analyze how the principles of Maqashid al-Shariah are applied in understanding and interpreting kafa’ah within pesantren culture, and how religious and social values interact in marital practices. The study employs a qualitative method with a phenomenological approach, utilizing in-depth interviews and document analysis. This approach enables the researcher to explore the subjective experiences of pesantren leaders in determining marital suitability based on both religious and social considerations. The findings reveal that Darul Ma’sum tends to apply kafa’ah normatively to preserve hifz al-din (protection of religion) and hifz al-nasl (protection of lineage), whereas Darussalam emphasizes hifz al-nafs (protection of life) and individual welfare. Through the analytical lens of Maqashid al-Shariah, the study concludes that a contextual and humanistic understanding of kafa’ah aligns more closely with the higher objectives of Islamic law, which seek to ensure happiness, justice, and harmony within the family. This research recommends reinterpreting kafa’ah beyond social hierarchy toward spiritual, moral, and emotional equilibrium as the foundation of a harmonious marriage.
EKSISTENSI DAN PERKEMBANGAN KELEMBAGAAN HUKUM ISLAM DI INDONESIA Umar, Hasbi; Bafadhal, Husin; Rahmatullah, Reza
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.v9i2.12670

Abstract

This study discusses the existence and development of Islamic legal institutions in Indonesia from historical, sociological, and juridical perspectives. Islamic law in the archipelago has been present since the early days of Islamization and has functioned in the areas of marriage, inheritance, and muamalah, although during the colonial period its role was narrowed through the theory of receptie. After independence, Islamic law gained formal legitimacy with the establishment of the Religious Court and was strengthened through various regulations, such as the Religious Court Law, the Compilation of Islamic Law, and legislation on zakat, waqf, and sharia economics. The research method used was qualitative with a historical-sociological approach, through literature review and descriptive-analytical analysis. The results of the study show that the process of integrating Islamic law into positive law took place gradually, from social norms to state law, and now has strong formal legitimacy in the national legal system. However, challenges in the form of legal dualism, social plurality, and harmonization with international law remain fundamental issues. Therefore, synergy between scholars, academics, and policymakers is needed to strengthen the position of Islamic law so that it remains relevant, applicable, and contributes to national legal development
PRINSIP KESETARAAN DAN KEPASTIAN HUKUM DALAM AKAD MURABAHAH DAN PERJANJIAN KREDIT: STUDI KOMPARATIF SISTEM HUKUM INDONESIA DAN MALAYSIA Siregar, Rahmad Nauli
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.v9i2.13217

Abstract

This study compares the principles of equality and legal certainty between murabahah contracts in Islamic banking and credit agreements in conventional banking in Indonesia and Malaysia. Both countries share similar socio-religious backgrounds as Muslim-majority nations but differ in their legal systems: Indonesia adopts the civil law system, while Malaysia applies the common law system. This research employed a normative juridical approach through analysis of legislation, scholarly literature, and judicial practices. The findings reveal that the murabahah contract upholds the principle of partnership, positioning customers and banks on an equal footing in accordance with Sharia principles, whereas conventional credit agreements tend to be hierarchical due to standardized clauses dominated by banks. In the Malaysian context, the diversity of murabahah models—such as Bai‘ al-‘Inah, Bay‘ al-Dayn, and Bay‘ bithaman ajil—reflects legal innovation but also generates fiqh debates concerning elements of riba and the validity of the contracts. These findings indicated that strengthening the principles of equality and legal certainty in Sharia financing contracts is essential for maintaining the legitimacy and sustainability of Islamic economic law in Indonesia and Malaysia.

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