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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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FORMULATING CRITERIA FOR THE CIVIL RELATIONSHIP OF CHILDREN BORN OUT OF WEDLOCK AFTER CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010 FROM THE PERSPECTIVE OF MASLAHAH ACCORDING TO ‘IZZ AL-DĪN IBN ‘ABD AL-SALĀM Mahbub Ainur Rofiq; Mufidah Ch; Fakhruddin Fakhruddin; Musataklima Musataklima
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.v10i1.15281

Abstract

This article examines the formulation of criteria for the civil relationship of children born out of wedlock after Constitutional Court Decision Number 46/PUU-VIII/2010 from the perspective of legal certainty and the maslahah theory of Izzuddin ibn Abdissalam. The study is grounded in the ambiguity of the phrase “children born outside marriage” and the clause “civil relationship” in the Constitutional Court decision, which has led to diverse interpretations and disparities in judicial decisions. This research is a normative juridical study employing statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, including statutory regulations, Constitutional Court decisions, court decisions, Islamic legal doctrines, and relevant legal literature. The findings show that children born out of wedlock should not be treated as a single legal category. They need to be classified into three categories: children born from religiously valid but unregistered marriages, children born from defective marriages or relationships involving legal doubt, and children born from relationships without any marital bond. Each category produces different legal consequences, ranging from full, proportional, to limited civil relationships. This formulation aims to realize legal certainty, justice, utility, and maslahah while protecting children without undermining the legal order of lineage in Islamic family law.
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.
THE EFFECTIVENESS OF SEMA NO. 3 OF 2023 IN REDUCING DIVORCE RATES: A SOCIO-LEGAL STUDY AT THE KRAKSAAN RELIGIOUS COURT Shofiatul Jannah; Dzulfikar Rodafi; Salsabillah Jannah Zhika Prameswari; Aprilia Intan Jannah Pratiwi; Imamuddin Imamuddin
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.v10i2.14679

Abstract

This study examines the effectiveness of the implementation of Supreme Court Circular Letter (SEMA) No. 3 of 2023 in reducing divorce rates at the Kraksaan Religious Court, Indonesia, using a socio-legal approach. The regulation introduces a six-month separation requirement for divorce based on disputes, aiming to prevent impulsive divorce and strengthen family resilience. This research employs empirical legal methods with data collected through interviews, court documents, and statistical records. The findings reveal a paradox: despite the formal implementation of SEMA, divorce cases increased significantly after its enactment. This indicates that the policy operates more as a procedural filter than as an effective instrument of social control. Using Soerjono Soekanto’s theory of legal effectiveness and Edward III’s implementation framework, the study shows that the main limitations lie not in legal substance or institutional capacity, but in socio-cultural factors, including low public legal awareness, limited policy socialization, weak evidentiary mechanisms, and the normalization of divorce in society. Consequently, the regulation fails to substantially influence litigant behavior. This study argues that legal policy alone is insufficient to address complex social issues such as divorce. A more holistic approach integrating legal regulation with public education, improved mediation, and socio-cultural engagement is required to enhance policy effectiveness. The research contributes to socio-legal scholarship by highlighting the gap between normative legal design and empirical reality in judicial policy implementation.
RETHINKING CHILD CUSTODY (HADANAH) IN MODERN MUSLIM FAMILIES: BETWEEN MATERNAL PREFERENCE AND CHILD-CENTERED JUSTICE Muhammad Zahid Abdullah Zuhri; Ainul Yakin; Muhammad Haris Miftah Sibawayhie
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.v10i2.14921

Abstract

This study reexamines the concept of Hadanah in Islamic family law by highlighting the dominance of maternal preference amid changes in the structure of contemporary Muslim families. The study employs a normative-interdisciplinary approach that combines an analysis of classical fiqh, attachment theory in developmental psychology, and the framework of maqāṣid al-sharī‘ah. The findings indicate that the primacy of the mother in child-rearing reflects a socio-historical construction rather than an absolute normative principle. Modern psychological studies confirm that the quality of emotional bonds and the stability of care play a more decisive role than the caregiver’s gender identity. Meanwhile, the maqāṣid approach opens up a more flexible space for reinterpretation by prioritizing the child’s best interests as the primary orientation. This study offers a conceptual formulation of Hadanah based on child-centered justice, which places the child’s best interests as the primary basis for determining custody. This model is expected to enrich the discourse on Islamic family law reform, making it more responsive, contextual, and oriented toward substantive justice.

Page 17 of 17 | Total Record : 167

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