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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 194 Documents
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RECONSTRUCTING SHEIKH NAWAWI AL-BANTANI’S THOUGHT ON SPOUSAL RIGHTS AND OBLIGATIONS: A CONTEXTUAL APPROACH TO CONTEMPORARY INDONESIAN FAMILY LAW Taqiyudin, Hilman; Sanusi, Ahmad; Sunardi, Dedi; Ahdi, Hapizul
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.v10i3.15756

Abstract

Sheikh Nawawi al-Bantani’s thought on the rights and obligations of husband and wife holds an important position in the discourse of Islamic family law because it stands at the intersection of classical Islamic jurisprudence, the pesantren scholarly tradition, and the Indonesian marriage system. This study aims to analyze the substance of Sheikh Nawawi’s thought on the rights and obligations of husband and wife, assess its relevance in the context of contemporary family life, and examine its implementation within the Indonesian marriage law system. This research employs a qualitative approach with an interpretive case study design supported by normative document analysis. The data were obtained through an examination of Sheikh Nawawi’s works, particularly ‘Uqūd al-Lujayn, Marāḥ Labīd, and Nihāyat al-Zayn, as well as Indonesian marriage regulations, including the Compilation of Islamic Law, the Marriage Law, and the Law on the Elimination of Domestic Violence. The findings show that Sheikh Nawawi’s concept of the rights and obligations of husband and wife includes mu‘āsyarah bi al-ma‘rūf, maintenance, dowry, religious education, biological relations, the wife’s obedience, the husband’s permission, and the handling of nusyūz. These concepts are grounded in shar‘i evidence, public benefit, and the orientation of maqāṣid al-syarī‘ah. Most of his ideas remain relevant, especially when read contextually through the principles of justice, protection, mutuality, and the prevention of violence. This study affirms that Sheikh Nawawi’s thought can contribute to strengthening Muslim family ethics and reforming Indonesian marriage law toward greater public benefit.
NAFKAH IN DUAL-EARNER MUSLIM FAMILIES: DISTORTION OF OBLIGATIONS AND THE NORMATIVE VACUUM IN CLASSICAL FIQH Yangto, Yangto; Itang, Itang
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.v10i3.15163

Abstract

The transformation of Muslim family structures into dual-earner arrangements has challenged the classical fiqh concept of nafkah, which traditionally assigns financial responsibility exclusively to the husband. In modern contexts, wives increasingly contribute significantly to household income, creating tension between normative doctrine and social reality. This study aims to analyze the construction of nafkah in classical fiqh, examine its practice in dual-earner Muslim families, identify the normative gap in regulating economic roles, and explore its implications for Islamic family law. The research employs a normative juridical method with a socio-legal approach, utilizing conceptual, historical, and Islamic legal sociology perspectives. Primary sources include the Qur’an, Hadith, and classical fiqh texts, while secondary sources consist of reputable academic literature. The findings reveal that classical fiqh was built upon a single-breadwinner assumption and does not provide an explicit framework for shared economic responsibility. This absence creates a normative vacuum, leading to the distortion of nafkah obligations into informal and negotiable arrangements. The study concludes that such distortion is structural rather than moral, indicating the need for a contextual reconstruction of nafkah based on justice and maqāṣid al-syarīʿah. The main contribution of this article lies in proposing a reconstruction of nafkah based on relational justice, proportionality, and maqāṣid al-syarī‘ah as a more adaptive framework for regulating economic responsibilities in contemporary Muslim families.Keywords : Nafkah; Dual-Earner Muslim Family; Classical Fiqh; Normative Vacuum; Islamic Family Law
RECONSTRUCTING INDONESIA-MALAYSIA CROSS-BORDER HALAL GOVERNANCE: A CONTEMPORARY MAQĀṢID AL-SHARĪ‘AH SYSTEMS ANALYSIS Yati, Fauzi; Rozalinda, Rozalinda; Wira, Ahmad; Rizal, Rizal
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.v10i3.16125

Abstract

This study aims to analyze the systemic barriers in cross-border halal governance between Indonesia and Malaysia and reconstruct a collaborative framework using Jasser Auda’s contemporary Maqāṣid al-Sharī‘ah systems theory. Despite the 2023 Memorandum of Cooperation (MoC) facilitating mutual recognition of halal certificates, practical implementation still faces reciprocity gaps, complex registration of foreign certificates, and a lack of integrated post-market surveillance. This was demonstrated by the bilateral recall of porcine-contaminated products in April 2025. This research employs a descriptive-comparative qualitative method and policy analysis utilizing the Policy Analysis Circle (Gagnon & Labonté) to examine the context, actors, processes, content, and impacts of cross-border halal regulations. The findings indicate structural regulatory discrepancies (mandatory vs. voluntary) and technical standard fragmentation. By applying Auda’s six system features—cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness—this study reconstructs the cross-border halal governance. The proposed model shifts the halal assurance paradigm from a static, bureaucratic protection (hifẓ) to a dynamic, digitally integrated development (tanmiyah). The reconstruction recommends a blockchain-based traceability platform, a Joint Post-Market Surveillance Committee, and inclusive fast-track policies for UMKM, ensuring regional halal integrity and economic welfare.Keywords: cross-border halal; Jasser Auda; Maqasid al-Shariah; mutual recognition agreement; policy analysis circle
FROM NORMATIVE VALUES TO FAMILY WELFARE: A MAQASID-BASED EVALUATION OF THE KELUARGA MASLAHAH PROGRAM BY LKKNU CENTRAL JAVA Muammar, Ahmad; Rosyid, Ahmad Zaenur; Sholihah, Hidayatus
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.v10i3.15404

Abstract

This study evaluates the Keluarga Maslahah Program implemented by the Nahdlatul Ulama Family Welfare Institute (LKKNU) Central Java and examines its contribution to family welfare through a Maqasid al-shari’ah-based framework. Existing studies have predominantly approached Keluarga Maslahah from normative and conceptual perspectives, leaving limited empirical evidence on how its values are translated into community-based interventions and family welfare outcomes. This study employs a qualitative program evaluation using an embedded case study and Theory of Change framework. Data were collected through semi-structured interviews, observation, and document analysis involving LKKNU administrators, program facilitators, and beneficiary families in Kunir Village, Jepara. The findings indicate that the program operates through family education, counseling, parenting, economic empowerment through Joint Business Groups (KUBE), and religious and social activities. These interventions contribute to improvements in family literacy, economic skills, communication, religious awareness, social participation, and family economic resilience. The study also identifies an implementation gap between centralized program guidance and local adaptation, influenced by limited funding, uneven managerial participation, and weak monitoring and documentation systems. The study’s novelty lies in positioning Maqasid al-shari’ah not merely as a normative foundation but as an empirical evaluative framework linking program inputs, activities, outputs, outcomes, and impacts to multidimensional family welfare. This approach demonstrates how Islamic normative values can be operationalized in evaluating faith-based family empowerment programs.
TAHQĪQ AL-MANĀṬ DALAM TAṬBĪQ OBJEK TRANSAKSI EKONOMI DIGITAL Munif, Ahmad; Rofiq, Ahmad; Abdillah, Junaidi
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.v10i3.15822

Abstract

Classical fiqh theory conceives of the subject matter of a contract as something physical and tangible. Meanwhile, digital objects are identified as abstract and considered intangible. Taḥqīq al-manāţ is a method of fiqh formulation that allows for the reformulation of past fiqh concepts while taking current conditions into account. Furthermore, the Taḥqīq al-manāţ method needs to be re-examined to align with developments in digital technology. Taḥqīq al-manāţ still focuses on a physical approach, consistent with the characteristics of classical fiqh. Using a normative usuliyyah approach, this paper seeks to analyze the theoretical relationship between digital technology-based contractual objects and economic contractual objects according to fiqh within the framework of the taḥqīq al-manāţ method. The study’s findings reveal two main conclusions: first, taḥqīq al-manāţ must be operationalized through a digital worldview. Physical requirements in classical fiqh must be aligned with the digital context through the lens of ‘urf. Second, the objects of digital economic contracts share the same characteristics regarding the identification of their physical nature, ownership, and delivery. However, these characteristics are framed through the lens of digital technology. This paper contributes to enriching the body of ijtihād taţbīqiy regarding the objects of economic contracts within the framework of taḥqīq al-manāţ.
UNREGISTERED POLYGAMY (POLIGAMI SIRI) IN THE PERSPECTIVE OF MAQĀṢID AL-SHARĪ‘AH AND THE PROTECTION OF WOMEN’S AND CHILDREN’S RIGHTS IN INDONESIA Pamula, Fauzi Rahmat; Itang, Itang; Rohayati, Dede
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.v10i3.15168

Abstract

The practice of unregistered polygamous marriage (poligami siri) in Indonesia reflects a persistent tension between religious legitimacy and state legal recognition, resulting in significant implications for the protection of women’s and children’s rights. This study aims to analyze the practice of poligami siri within the Indonesian legal context, evaluate its compatibility with maqāṣid al-syarī‘ah, and examine its implications for legal protection. This research employs a normative juridical method, utilizing statutory, conceptual (maqāṣid al-syarī‘ah), and case approaches, supported by primary and secondary legal materials. The findings reveal that although poligami siri may fulfill formal requirements of classical Islamic jurisprudence, it often contradicts the substantive objectives of maqāṣid, particularly in the protection of lineage, property, life, and dignity. The practice leads to legal uncertainty, limited access to justice, economic vulnerability, and structural discrimination against women and children. This study concludes that the permissibility of polygamy must be reinterpreted based on public welfare (maṣlaḥah), emphasizing substantive justice and the necessity of marriage registration as part of maqāṣid fulfillment. Strengthening the integration between Islamic legal values and state law is essential to ensure comprehensive legal protection. The main contribution of this article lies in offering a maqāṣid-based reconstruction of polygamy by shifting the analysis from formal legal validity toward substantive justice and public welfare (maṣlaḥah).Keywords : Poligami Siri; Maqāṣid al-Sharī‘ah; Marriage Registration; Women’s Rights; Children’s Rights.
RECONSTRUCTING SPOUSAL RIGHTS AND OBLIGATIONS IN INDONESIAN MARRIAGE LAW: A QIRĀ'AH MUBĀDALAH PERSPECTIVE ON WIVES AS PRIMARY BREADWINNERS Hannan, Abd.; Ch, Mufidah; Jamilah, Jamilah; Nasrulloh, Muhammad; Humairoh, Zummy
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.v10i3.16210

Abstract

The growing participation of women in the labor market has transformed contemporary family structures, with an increasing number of wives becoming primary breadwinners. However, Indonesian marital law continues to be founded on the male-breadwinner model, positioning husbands as heads of households and primary providers while assigning wives domestic responsibilities. This normative construction no longer reflects contemporary family realities and has generated legal uncertainty, women’s double burden, unequal domestic labor distribution, and inadequate recognition of women’s economic contributions. This study addresses the central question of how Indonesian marital law should be reconstructed to accommodate shifting economic roles while preserving the principles of justice and Islamic family law. Employing normative legal research with statutory and conceptual approaches, the study critically examines the provisions governing spousal rights and obligations in the Marriage Law and the Compilation of Islamic Law through the perspective of Qirā'ah Mubādalah. The findings demonstrate that the principal weakness of the current legal framework lies not in maintaining the husband’s obligation to provide maintenance, but in its failure to recognize women’s economic roles and to regulate reciprocal domestic responsibilities. The study proposes a threefold reconstruction of marital law: (1) reformulating the hierarchical concept of husband as head of household into an equal partnership model; (2) providing explicit legal recognition of wives’ economic contributions as an integral component of family welfare; and (3) establishing shared domestic work and childcare as reciprocal legal responsibilities based on the spouses’ capacities and mutual agreement. The novelty of this research lies in positioning Qirā'ah Mubādalah as a normative framework for reconstructing Indonesian marital law toward a partnership-based and socially responsive family legal system.
MARITAL AGREEMENTS, LEGAL PROTECTION, AND RURAL MUSLIM LEGAL CULTURE: A SOCIO-LEGAL STUDY IN PAMEKASAN Anshori, Lutfi; Wusqo, Urwatul
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.v10i3.15443

Abstract

Marital agreements are recognized in Indonesian positive law and Islamic family law as legal instruments for regulating the rights and obligations of spouses and providing legal protection within marriage. However, their implementation remains limited among rural Muslim communities due to the dominance of socio-cultural values and low legal awareness. This study aims to analyze community perceptions of marital agreements, examine the influence of legal culture on their implementation, and explore their function as legal protection mechanisms within the framework of Islamic family law. This research employed an empirical legal method with a socio-legal approach. Data were collected through interviews, observation, and documentation involving married couples, religious leaders, community leaders, and village officials in Jati Jajar Hamlet, Palengaan Laok Village, Pamekasan Regency. The data were analyzed qualitatively through data reduction, data display, and conclusion drawing. The findings reveal that marital agreements have not become part of the local legal culture. Most community members perceive such agreements as symbols of distrust and practices that are inconsistent with the sacred nature of marriage. These perceptions are reinforced by limited understanding of Islamic family law and the strong influence of customary traditions and religious-cultural values. Nevertheless, Islamic family law recognizes marital agreements through the concept of syurūṭ fī al-nikāḥ, supported by the legal maxim al-muslimūna ‘alā syurūṭihim and the objectives of maqāṣid al-sharī‘ah. The study further finds that marital agreements function not merely as contractual arrangements but also as preventive legal instruments that provide legal protection for vulnerable parties, particularly women, by safeguarding property rights, clarifying economic responsibilities, and minimizing potential household disputes. This study contributes to the socio-legal discourse by demonstrating that resistance to marital agreements is primarily rooted in legal culture rather than religious doctrine.
RECONSTRUCTING JUDICIAL REASONING IN HADHANAH DISPUTES: A LEGAL-PHILOSOPHICAL EVALUATION MODEL BASED ON THE BEST INTEREST OF THE CHILD Hidayah, Nurul Fadhilatul; Liddinillah, M Yakhsyallah; Nursafitri, Nursafitri; Cinta, Andi Afifah Buana; Qaula R., ⁠Muhammad Muhib Rofiqo; Saepullah, Usep
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.v10i3.15993

Abstract

Hadhanah disputes require judges to reconcile Islamic family law, child protection norms, and the concrete interests of children. Existing studies predominantly examine custody rights, child protection, or gender justice, while insufficient attention has been given to evaluating the quality of judicial reasoning that constructs the best interests of the child. This study aims to develop a legal-philosophical model for evaluating judicial reasoning in hadhanah disputes. Employing normative legal research through statutory, conceptual, case, and legal-philosophical approaches, the study analyzes the Mempawah Religious Court Decision No. 354/Pdt.G/2024/PA.Mpw., Pontianak Religious High Court Decision No. 9/Pdt.G/2025/PTA.Ptk., and Supreme Court Decision No. 563 K/AG/2025. The findings show that judicial reasoning has a normative and philosophical basis, particularly in incorporating ḥifẓ al-dīn as an element of the child’s best interests. However, its adequacy depends on whether religious considerations are connected to the child’s concrete condition and proportionately weighed against psychological, educational, health, social, caregiving stability, and emotional interests. The study proposes a Judicial Reasoning Evaluation Model comprising five substantive parameters and five analytical stages. The model contributes an evaluative framework for assessing the quality of judicial argumentation and advancing substantive, child-centered justice in Islamic family law.
PRODUCTIVE WAQF GOVERNANCE FOR STRENGTHENING FAMILY RESILIENCE: A MAQASID-BASED STUDY OF BWI EAST JAVA Rizal, Sofian Syaiful; Mahmudi, Zaenul; Fakhruddin, Fakhruddin
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.v10i3.15250

Abstract

This study aims to analyze and formulate an effective productive waqf management model in strengthening family resilience through the Family Resilience Theory and Maqāṣid al-Sharī‘ah approaches. The main problem studied is the suboptimal governance of productive waqf in providing a sustainable impact on economic stability and family welfare. This study uses an empirical juridical method with a qualitative descriptive approach through regulatory studies, interviews with the Indonesian Waqf Board East Java Representative, and conceptual analysis. Productive waqf in this study is realized through the management of waqf assets for productive economic activities, such as the development of agricultural land, shophouses, sharia business units, and micro-enterprise financing for beneficiary families. The results of the study indicate that productive waqf has significant potential as an instrument for family socio-economic protection if managed professionally, transparently, and based on empowerment. The integration of Family Resilience Theory positions waqf as an economic resource that strengthens the adaptability and stability of families, while the Maqāṣid al-Shari‘ah perspective positions waqf as an instrument of protection for property (hifz al-mal), life (hifz al-nafs), and descendants (hifz al-nasl). The formulated model emphasizes strengthening the capacity of nazhir, digitalization of governance, institutional collaboration, and integration of mustahik family empowerment programs. The contribution of this research is to offer an integrative model of productive waqf management that connects waqf governance with strengthening family resilience through a synthesis of Family Resilience Theory and Maqāṣid al-Shari‘ah. This research concludes that the model is a strategic approach to strengthening family economic resilience sustainably in Indonesia

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