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 194 Documents
 16   17   18   19   20 
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.
BEYOND CODIFICATION: A MAQASID AL-USRAH-BASED NORM TRANSFORMATION MODEL OF SPOUSAL RIGHTS AND OBLIGATIONS IN INDONESIA’S COMPILATION OF ISLAMIC LAW Kamal, Mufti; Sumbulah, Umi; Hamdan, Ali; Musataklima, Musataklima; Islamiaty, Nisa Dian
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16593

Abstract

This study examines the transformation of spousal rights and obligations from classical fiqh into Indonesia’s Compilation of Islamic Law (KHI). Using normative legal research with statutory, conceptual, and historical approaches, the study analyzes Articles 77–84 of the KHI alongside classical fiqh literature. The analysis integrates Alan Watson’s legal transplant theory, Lawrence M. Friedman’s legal system theory, and Jamaluddin Athiyyah’s concept of Maqasid al-Usrah. The findings show that the incorporation of classical fiqh into the KHI is not merely a process of codification or legal transplantation, but a normative transformation occurring through four mechanisms: adoption, modification, contextualization, and legal renewal. These mechanisms are reflected in the preservation of qiwāmah, nafkah, and mu‘āsyarah bi al-ma‘rūf, the expansion of family responsibilities, the strengthening of consultation and legal equality, and the development of judicial mechanisms for nusyūz and family protection. The study’s novelty lies in proposing a Maqasid al-Usrah-Based Norm Transformation Model, which reframes family leadership toward responsibility, partnership, consultation, proportional justice, and family welfare.
BANKING FRAUD IN ISLAMIC BANKING GOVERNANCE: AN ISLAMIC LAW AND ECONOMIC ETHICS PERSPECTIVE FROM BPRS PURWODADI Anggoro, Sakli; Supriyadi, Supriyadi; Kushidayati, Lina
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15739

Abstract

Banking fraud continues to challenge the governance of Islamic financial institutions despite the implementation of internal control, auditing, and risk management systems. Previous studies have predominantly examined fraud from procedural and compliance perspectives, with limited attention to the role of Islamic ethical values in fraud prevention. This study aims to examine how fraud is understood within Islamic banking governance and to develop a value-based fraud prevention framework. A qualitative case study was conducted at BPRS Purwodadi using in-depth interviews with seven key informants, supported by observation and document analysis. Data were analyzed using the interactive model of Miles, Huberman, and Saldaña. The findings indicate that participants understood fraud not only as a legal or procedural violation but also as a breach of institutional trust (amanah). Fraud was associated with organizational pressure, supervisory weaknesses, behavioral rationalization, and insufficient internalization of Islamic ethical values. These findings suggest that effective fraud prevention requires the integration of organizational control mechanisms, ethical internalization, and sharia governance. Based on these findings, the study proposes the Islamic Ethical Fraud Prevention Framework, which integrates structural control, ethical internalization, and sharia governance into a value-based approach to fraud prevention in Islamic banking. The framework contributes to the literature by providing an integrated perspective that combines governance mechanisms with Islamic legal and ethical principles.
FROM MARRIAGE IS SCARY TO MARRIAGE READINESS: A SOCIO-LEGAL STUDY OF BANYUWANGI UNIVERSITY STUDENTS THROUGH ISLAMIC FAMILY LAW Prasetya, Siti Nur Ananda; Aziz, Abdul; Ansari, Ansari
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16062

Abstract

The rise of the TikTok trend Marriage is Scary reflects changing perceptions of marriage among younger generations and raises questions about how digital narratives interact with Islamic family-law values. This study examines Banyuwangi university students’ responses to the trend, identifies the factors shaping their perceptions, and analyzes its implications from the perspective of Islamic family law. Employing a qualitative socio-legal approach, the study draws on questionnaires and interviews with students from Islamic-based and general universities in Banyuwangi, supported by relevant scholarly literature. The findings show that students respond to the trend critically and reflectively rather than simply rejecting marriage. The content produces diverse effects, including greater caution, anxiety, and, for some students, stronger motivation to prepare for marriage through emotional, financial, and relational readiness. Social media exposure is the dominant factor, followed by family environment, social interaction, personal readiness, and religious understanding. From an Islamic family-law perspective, the trend does not necessarily represent a rejection of marriage but reflects legitimate concerns about marital risks and responsibilities. Through maqasid al-shari’ah, particularly the preservation of life and lineage and the prevention of harm, these concerns can be transformed into constructive marriage preparation. The study argues that digital marriage discourse can function as a catalyst for critical and responsible marriage readiness.
RECONSTRUCTING SURROGACY REGULATION IN MUSLIM-MAJORITY JURISDICTIONS: A COMPARATIVE ISLAMIC FAMILY LAW AND MAQASID AL-SHARI’AH ANALYSIS Martiana, Annisa Ayu; Utami, Rizky Dwi; Abun, Ahmad Rifai
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15276

Abstract

The rapid development of assisted reproductive technologies has created complex legal and ethical challenges for Muslim-majority jurisdictions, particularly concerning surrogacy, lineage, parentage, and child welfare. Existing studies often examine the permissibility of surrogacy from particular jurisprudential perspectives, while less attention is given to how divergent Islamic positions are translated into national regulatory frameworks and how legal gaps affect vulnerable parties. This study reconstructs surrogacy regulation through a comparative analysis of eight Muslim-majority jurisdictions: Iran, Saudi Arabia, Indonesia, Malaysia, Pakistan, Egypt, Turkey, and Lebanon. Employing qualitative doctrinal and comparative legal methods, the study examines legislation, fatwas, judicial decisions, and relevant scholarly literature. The findings reveal a fundamental divergence between Iran’s regulated permissive model, rooted in Shia jurisprudence, and the predominantly prohibitory approaches of Sunni-majority jurisdictions. Despite these differences, all jurisdictions face regulatory challenges concerning legal parentage, child registration, inheritance, surrogate protection, and enforcement. The study argues that Maqasid al-shari’ah, particularly the protection of lineage, dignity, and child welfare, provides a normative basis for developing context-sensitive regulatory frameworks. It proposes a balanced approach that preserves Islamic family-law principles while ensuring legal protection for children, surrogate mothers, and intended parents, including through clear parentage rules, informed consent, enforceable safeguards, and interdisciplinary governance.
NAVIGATING INTERFAITH MARRIAGE LAW: LEGAL MOBILIZATION, LEGAL CONSCIOUSNESS, AND ADVOCACY STRATEGIES IN INDONESIA Lestari, Novita Dwi; Ch, Mufidah; Mahmudi, Zaenul; Rofiq, Mahbub Ainur; Rahmatullah, Prayudi; Islamiyati, Nisa Dian
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16418

Abstract

Interfaith marriage in Indonesia is a complex socio-legal issue intersecting state law, religious norms, and civil administration. This study analyzes the legal mobilization strategies of the Harmoni Mitra Madania Foundation in advocating for interfaith couples and examines these practices through an Islamic law perspective. Using a qualitative socio-legal approach, data from interviews and literature were analyzed using Michael McCann’s legal mobilization theory. The findings reveal three main patterns. First, the foundation utilizes non-litigation legal mobilization through consultation, administrative assistance, and family networks. Second, couples actively use the law as a strategic resource, developing legal consciousness and rights discourse. Third, the narrowing of legal opportunity structures has shifted mobilization from litigation to network-based relational strategies. From a maqasid al-shari’ah perspective, this advocacy does not normatively legitimize interfaith marriage but addresses the tension between religious norms, family protection, public interest, and legal certainty. The study proposes the concept of intermediary actors in non-litigation legal mobilization.

Page 18 of 20 | Total Record : 194

 16   17   18   19   20 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol 10, No 3 (2026) Vol 10, No 2 (2026) Vol 10, No 1 (2026) 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