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Muhammad Zainuddin Sunarto
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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 167 Documents
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TATA KELOLA LINGKUNGAN IBU KOTA NUSANTARA BERBASIS ILMU FALAK, ECO-ASTRONOMY DAN MAQASHID SYARI’AH
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.v10i1.14656

Abstract

This study examines the scope of applying Islamic astronomy (Ilmu Falak), eco-astronomy, and Maqasid al-Shari’ah within the environmental governance framework of Ibu Kota Nusantara (IKN), focusing on their contribution to sustainable urban development. It aims to identify the benefits of astronomical science in environmental planning, explore its potential to support sustainability, analyze challenges and opportunities for policy integration, and formulate data-driven recommendations aligned with ecological principles. The research employs a descriptive qualitative method using interdisciplinary approaches drawn from Ilmu Falak, eco-astronomy, and Maqasid al-Shari’ah. The findings reveal three major contributions. First, astronomical calculations can guide the accurate determination of qibla orientation for mosques, prayer rooms, public buildings, and Muslim cemeteries in IKN; optimize solar trajectory mapping for energy efficiency; and support disaster mitigation related to lunar and terrestrial cycles. Second, eco-astronomy principles can be implemented through the establishment of a national dark-sky conservation zone for astronomical research and ecosystem protection, environmentally responsible lighting management to enhance energy efficiency, and the development of public education programs—including astro-tourism—to stimulate sustainable economic growth. Third, from the Maqasid perspective, the integration of Ilmu Falak and eco-astronomy fulfills the essential objectives of Shari’ah (daruriyyat), including the protection of religion, life, intellect, wealth, progeny, and the environment. The study recommends the development of technical guidelines, the integration of astronomical data into urban planning systems, and expanded interdisciplinary collaboration. It concludes that combining Islamic astronomy and eco-astronomy with Maqasid values can produce a more adaptive, holistic, and justice-oriented model of environmental governance.
BEYOND PROHIBITION: RETHINKING ISLAMIC LEGAL PROTECTION AGAINST CHILD EXPLOITATION IN MINING INDUSTRIES
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.v10i1.14782

Abstract

Child labor in mining industries represents a critical intersection of hazardous work, regulatory limitations, and structurally embedded socio-economic coercion, despite the comprehensive international and national legal protections. This study aims to critically evaluate the effectiveness of legal protection against labor exploitation affecting children in mining and to reconstruct it through an integrated maqāṣid al-sharīʿah and fiqh al-muʿāmalah framework. The research employs a normative legal method with a socio-legal orientation, examining international legal instruments, Indonesian legislation, and institutional reports. The findings reveal that legal frameworks such as the Convention on the Rights of the Child (CRC) and ILO Convention No. 182 establish clear prohibitions against hazardous child labor, yet their implementation remains ineffective in informal and extractive economic contexts. The persistence of child labor is structurally driven by poverty, weak enforcement, and supply-chain opacity, resulting in a systemic law–reality divide. Such labor relations constitute a defective form of ijārah al-ʿamal, characterized by the absence of valid ahliyyah al-adā’, the presence of ikrāh iqtisādī, and the normalization of ẓulm within extractive economies. Accordingly, child labor in mining is conceptualized as a structural mafsadah that violates al-maslaḥah al-ḍarūriyyah, particularly the protection of life, intellect, and future generations. The novelty of this study lies in integrating doctrinal legal analysis with maqāṣid al-sharīʿah, qawāʿid fiqhiyyah, and socio-legal perspectives to reconceptualize labor exploitation as a systemic legal and ethical failure, thereby advancing a purpose-oriented framework for child protection.
PRODUCTIVE WAQF AS A SUSTAINABLE DEVELOPMENT FINANCING INSTRUMENT Barakah, Ainun
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.v9i1.11854

Abstract

Productive waqf has gained increasing scholarly attention as an Islamic philanthropic instrument capable of addressing sustainable development financing gaps. Despite its growing prominence, the literature remains fragmented across disciplines, geographies, and methodological approaches. This study employs a Systematic Literature Review (SLR) methodology, following PRISMA 2020 guidelines, to synthesize and critically analyze 96 peer-reviewed articles published between 2010 and 2024 retrieved from Scopus, Web of Science, and DOAJ. The review identifies six dominant research themes: (1) governance and institutional management, (2) waqf-based microfinance and poverty alleviation, (3) alignment with the United Nations Sustainable Development Goals (SDGs), (4) sukuk waqf and innovative financing structures, (5) waqf applications in education and healthcare, and (6) digitalization and financial technology integration. Findings reveal critical research gaps, including insufficient empirical evidence on return on investment of waqf assets, lack of cross-country comparative governance analyses, inadequate SDG-aligned metrics, and limited exploration of blockchain-enabled waqf tokenization. Based on these findings, the study proposes a comprehensive future research agenda with specific methodological directions to guide scholars, practitioners, and policymakers in advancing the productive waqf ecosystem. This study contributes to the Islamic economics literature by offering the most updated and methodologically rigorous SLR on productive waqf to date.
FROM CASH TRANSFERS TO AMAL SHALIH: THE ROLE OF ISLAMIC FINANCIAL LITERACY IN HUMAN CAPITAL DEVELOPMENT Asep, Asep; Sukmana, Dedy; Suryani, Rani; Syafuddin, Syafuddin; Aisyah, Nurul
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.v10i1.15233

Abstract

This study examines the role of Islamic financial literacy (IFL) in mediating the relationship between conditional cash transfers and human capital development among beneficiaries of Indonesia’s Program Keluarga Harapan (PKH). Using a quantitative cross-sectional design and data from 420 households across three provinces, the study applies Partial Least Squares Structural Equation Modeling (PLS-SEM) to test the proposed model. The findings reveal that while cash transfers have a positive but limited direct effect on human capital development, Islamic financial literacy exerts a stronger and more significant influence. Importantly, IFL mediates more than half of the total effect of cash transfers, transforming financial assistance into productive investments in education, healthcare, and economic resilience. Furthermore, IFL facilitates the conversion of financial resources into amal shalih, reflected in ethical financial behavior such as zakat participation, avoidance of riba-based debt, and socially oriented economic practices. This study contributes to the literature by integrating Islamic ethical dimensions into human capital theory and operationalizing amal shalih as a measurable economic outcome. The findings suggest that poverty alleviation programs should incorporate value-based financial education to enhance both economic and moral development outcomes.
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 Latif; 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.

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