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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 175 Documents
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UJI SUBSTANTIF PASAL 212 KHI DALAM SENGKETA PENARIKAN HIBAH: STUDI KOMPARATIF DUA PUTUSAN PERADILAN AGAMA Mohamad Sar'an; Sahril Sidik; Ramdani Wahyu Sururie
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.v10i2.15064

Abstract

This study examines the dialectics of judicial reasoning (rechtsvinding) in disputes over the revocation of gifts (ruju’ fi al-hibah) through the lens of the abuse of rights doctrine (ta’assuf fi isti’mal al-haq). Historically, Article 212 of the Compilation of Islamic Law (KHI) is often misunderstood as a norm granting absolute authority to parents to revoke a gift, rendering it devoid of material boundaries and potentially triggering injustice. Through normative legal research employing conceptual and comparative approaches to the Surabaya Religious Court Decision No. 5001/Pdt.G/2018/PA.Sby and Supreme Court Decision No. 467/K/AG/2017, this article reveals that the judiciary has shifted towards substantive justice. Judicial disparity occurs not due to inconsistent textual adherence, but as a manifestation of the judge's acuity in detecting bad faith. The Surabaya Religious Court canceled a gift to punish manipulation and defect of will (wilsgebreke) by the child, while the Supreme Court canceled a gift to prevent the exploitation of marital property by the parent without spousal consent. As a core finding, this article deconstructs the right of revocation into a "conditional right" and provides a practical contribution in the form of three absolute material testing parameters for judges: motivation test (two-way bad faith detection), ownership and object transformation test (mawani’ al-ruju’), and harm proportionality test. The cumulative application of these parameters is expected to serve as a judicial guideline to prevent the abuse of rights and protect the justice of the family institution.
NEGLECT OF CHILD CUSTODY RIGHTS POST JUDGMENT (AN ANALYSIS OF THE ROLE OF THE SIGLI SHARIA COURT) Miftahul Jannah; Muliadi Kurdi; Irwansyah Irwansyah
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.v10i2.15204

Abstract

Divorce rulings often result in a battle for child custody, driven merely by a desire to satisfy a momentary ego, and consequently fail to grant the child their rightful custody. This study examines the phenomenon of the neglect of custody rights (child custody) that occurs following a final legal ruling by the Sigli Sharia Court. This study employs a qualitative approach using an empirical legal research methodology. Data were collected through in-depth interviews, observation, documentation and document analysis. The data were subsequently analysed and presented qualitatively. The findings indicate that the neglect of custody rights is driven by the parents’ self-interest, a lack of understanding regarding the enforceability of the ruling, and psychological barriers faced by the child. The role of the Sigli Sharia Court in addressing this issue includes post-judgment mediation efforts and the implementation of actual enforcement. The court adopts a passive stance and cannot carry out active supervision without a request from the parties involved. However, it was found that the enforcement of custody rights often reaches an impasse due to its personal and sensitive nature, thus requiring stronger coordination with child protection agencies and other law enforcement authorities. This study concludes that strengthening the functions of oversight and legal education for the community in Pidie Regency is crucial to safeguarding the best interests of the child, alongside optimal coordination between the DP3A/P2TP2A, village officials and child protection agencies in ensuring that custody rights are upheld.
SHARIA GOVERNANCE AND THE CHALLENGES OF SYSTEMIC FINANCING RISK: A CRITICAL ANALYSIS OF THE DYNAMICS OF DSN-MUI FATWAS Asep Hedi Turmudi; Syaifuddin Syaifuddin; Rusmiyanti Wontami; Samad Umarama; Abu Sanmas
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.v10i2.15070

Abstract

Indonesia's Islamic finance industry faces a new challenge when the DSN-MUI fatwa, as a normative guideline, must be translated into the bank's evolving policies and operational practices. This study aims to understand how sharia actors—DSN, DPS, regulators, and bank management—experience, interpret, and manage the dynamics of fatwas in the context of systemic financing risk. Using a grounded theory approach with an emphasis on subjective experience, data is collected through in-depth interviews and observations to capture the meanings, perceptions, and dilemmas experienced by stakeholders. The findings show that the fatwa translation process is a complex social experience, characterized by negotiations of religious understanding, time asynchrony between financial innovation and fatwa response, and the interpretive burden felt by industry players when faced with regulatory gray areas. Actors portray fatwas as a guideline that gives direction, but at the same time a source of uncertainty when its application is not uniform. These dynamics shape risk vulnerabilities that are not only technical, but also psychological and institutional. This research emphasizes the importance of more responsive fatwa communication, increasing the capacity of sharia governance, and strenGraunded Theoryhening risk mitigation mechanisms based on understanding the experiences of industry players. Overall, the study provides a new perspective on how fatwas work in practice and how those dynamics affect the stability of the Islamic financial system.
A COUNTER-RADICALISM MODEL BASED ON THE RESILIENCE OF THE FAMILY OF FORMER TERRORISM CONVICTS: INTEGRATION OF THE LEGAL SYSTEM BY LAWRENCE M. FRIEDMAN AND MAQASHID AL-USRAH JAMALUDDIN ATHIYAH Handoko Budi Prasetiyo; Umi Sumbulah; Musataklima Musataklima; Zaenul Mahmudi; Khairul Umam; Prayudi Rahmatullah
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.v10i2.15458

Abstract

Post-deradicalization radicalism remains a serious concern, particularly when former terrorism convicts return to their families and communities. This article analyzes the strengthening of family resilience as a counter-radicalization model for former terrorism convicts in Sampang Regency, Indonesia. This study employed an empirical qualitative approach with a case study design. Data were collected through observation, in-depth interviews, and documentation involving former terrorism convicts, family members, local government officials, security actors, religious leaders, and socio-religious organizations. The data were analyzed using Lawrence M. Friedman’s legal system theory and Jamaluddin Athiyah’s Maqashid al-Usrah perspective. The findings reveal that family resilience plays a strategic role in preventing the risk of re-radicalization through the strengthening of family communication, economic stability, moderate religious education, psychosocial support, and social acceptance. From Friedman’s perspective, the effectiveness of counter-radicalization depends on the synergy between legal structure, legal substance, and legal culture. Meanwhile, the Maqashid al-Usrah perspective affirms that family strengthening is aligned with the protection of religion, life, intellect, lineage, family institutions, and family economic stability. This article offers a family resilience-based counter-radicalization model that integrates the legal system approach and Maqashid al-Usrah as a conceptual contribution to the prevention of violent extremism in the post-deradicalization phase.
A HUSBAND’S NEGLET OF MAINTENANCE OBLIGATION FOR HIS WORKING WIVES FROM AN ISLAMIC LAW PERSPECTIVE Siti Maqfirah; Zaiyad Zubaidi; Faisal Yahya; Muhammad Ash Shiddiqi
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.v10i2.15085

Abstract

Spousal support is a key component in building a harmonious household. However, when a wife earns an income through her work, husbands often become neglectful and assume that providing spousal support is no longer necessary. The purpose of this study is to examine the role of Islamic law in addressing the neglect of spousal support for working wives in Gampong Pulolhoih. This study employs a qualitative approach using a case study design. Data were collected through in-depth interviews, observation, and documentation. The data were then analyzed through data organization and descriptive analysis to describe the cases by linking them to explanatory analysis. The results of the study indicate that Islamic law, explicitly through its primary reference, the Qur’an, has addressed the husband’s obligation to fulfill his wife’s rights; even if the wife has her own income, this does not automatically nullify the husband’s obligation. Findings in Gampong Pulolhoih indicate that the issue of spousal support neglect is not a new one; this is evident from the procedures and steps that must be taken to address this matter. The process begins with resolving the issue through family deliberation, proceeds to the village level if no resolution is reached, and may ultimately end up in the legal system through the religious courts. The practice of neglecting spousal support for working wives in Gampong Pulolhoih is generally caused by the uncertainty of the husband’s employment and income, compounded by deeply ingrained bad habits in daily life.

Page 18 of 18 | Total Record : 175

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