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Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Published by Universitas Islam Negeri Raden Mas Said Surakarta
ISSN : 26852225     EISSN : 27224317     DOI : https://doi.org/10.22515/alhakim
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Al-Hakim is a Student Scientific Journal published by the Fakultas Syariah Universitas Islam Negeri Raden Mas Said Surakarta. Jurnal Al-Hakim is published twice a year (May and November). Jurnal Al-hakim aims to facilitate and disseminate innovative and creative ideas from students who concentrate in Sharia and Law. It dedicates as a public space for students to develop and promote Islamic, sharia and philanthropic law based on original research and current problems. Other issues that are socially, culturally and politically correlated with Islamic law and the development of sharia and the Muslim community.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 130 Documents
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The Legal Consequences of Constitutional Court Decision 18/PUU-XVII/2019 on Fiduciary Execution in Sharia Financing Achmad Iftauddin; Rial Fu'adi
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 7 No. 2 November 2025
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v7i02.12282

Abstract

This study examines how Constitutional Court Decision Number 18/PUU-XVII/2019 reinterprets the legal norms governing the execution of fiduciary guarantees, and how its implications affect the authority of Religious Courts in enforcing the execution of collateral in Sharia-based financing. Employing a statute-based approach, the author conducts a comparative analytical interpretation of relevant laws and regulations on fiduciary guarantee execution and contrasts them with the reinterpretations introduced by the Constitutional Court. The findings indicate that the Decision affirms the equal importance of the principles of freedom of contract, consensualism, and due process of law alongside the principle of legal certainty in contractual arrangements. Consequently, Sharia financing institutions (creditors) may execute collateral objects without the involvement of Religious Courts (parate execution) only under two cumulative conditions: (a) the creditor and debtor have mutually agreed upon clear criteria for default, and (b) the debtor voluntarily surrenders the fiduciary object. In the absence of these conditions, execution must be carried out through the Religious Court. The study concludes that, to enable the Religious Courts to perform executions more effectively and efficiently, immediate updates to procedural law and execution mechanisms are needed through regulations and policies issued by the Supreme Court of the Republic of Indonesia.
Leveraging Zakat and Waqf for Public Health Improvement: Islamic Philanthropy’s Role in Addressing Stunting in Indonesia Rizqi Anfanni Fahmi
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 7 No. 2 November 2025
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v7i02.12890

Abstract

This study investigates the importance of Islamic philanthropy, particularly zakat and waqf, in combating child stunting in Indonesia. Islamic philanthropy can work as a long-term and effective way to reach this goal by combining ethical frameworks, institutional progress, and policies that have been proven to work in the real world. The study uses a narrative review method that is based on looking at history. The process entails methodically gathering literature from the Scopus database utilizing Boolean search strings such as Islamic Philanthropy, Stunting AND Indonesia, Zakat, and Waqf. The findings indicate that Islamic social finance has transitioned from traditional charitable donations to a system focused on impact, integrating religious principles with national development objectives. Faith-based financing can help improve nutrition, sanitation, and maternal health outcomes, as shown by programs like Zakat Community Development and Cash Waqf Linked Sukuk. However, integrating Islamic philanthropy into public health frameworks encounters obstacles stemming from regulatory ambiguity, fragmented governance, and inadequate impact evaluation. The study stresses the importance of having standardized performance metrics, working together across sectors, and making progress in digital technology to make sure that developmental outcomes can be measured. This study fundamentally enriches both theoretical and practical comprehension of Islamic philanthropy, reconciling the intersection of religious obligation and enduring human advancement. It offers a culturally attuned approach to achieving health equity and social justice in Muslim-majority contexts.
Subleasing of Leased Land in Islamic Law: An Empirical Study of Ijarah Practices in Perum Kencana Asri Arif Romdhoni
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.12007

Abstract

This study aims to analyze the practice of renting back leased land to third parties in Perum Kencana Asri, Pucangan, Kartasura, Sukoharjo, from the perspective of the ijarah agreement in Islamic law. The research is motivated by the recurring phenomenon of tenants subletting leased property without explicit permission from the owner, which raises legal and ethical issues in both Islamic jurisprudence and Indonesian regulations. Using a qualitative field research approach, data were collected through in-depth interviews with homeowners, primary tenants, and third-party stall renters, supported by lease documents as secondary material. The findings show that the subletting practice fulfills the pillars and requirements of an ijarah contract, such as competent contracting parties, clear benefits, mutual consent, and agreed rental compensation, although initial permission from the owner was given only after the practice had already taken place. The research also reveals that while Indonesian law generally prohibits subleasing without the owner’s approval, Islamic jurisprudence supported by the majority of scholars and DSN-MUI Fatwa No. 112/2017 permits it as long as the owner consents and no contractual harm arises. This study contributes to the discipline by providing an empirical analysis that bridges normative muamalah principles with real community rental practices.
Determining the Legal Identity of Murābaḥah: Akad Design, Documentary Sequence, and Juridical Consequences in Indonesian Islamic Banking Alvin Yahya; Burhanudin Harahap; Solikhah Solikhah
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14378

Abstract

The accuracy of akad design is central to determining the legal identity of Sharia financing contracts in Indonesian Islamic banking, particularly in murābaḥah. While prior studies emphasize Sharia compliance, governance, and product standardization, limited attention has been given to how clause architecture and documentary sequence affect whether murābaḥah remains legally identifiable as a sale-based contract. This article examines three issues: the role of akad design in clarifying legal relations between banks and customers; the juridical consequences of inaccurate design, including nullity and wanprestasi; and the use of Religious Court decisions as empirical references for harmonizing civil law, Sharia principles, and regulatory frameworks. Using a normative-doctrinal approach, the study analyzes the Indonesian Civil Code, Law No. 21 of 2008, Law No. 4 of 2023, POJK provisions, KHES, DSN-MUI fatwas, OJK standards, and two Pekanbaru Religious Court decisions. The findings show that murābaḥah’s legal identity depends on coherence between subject matter, price, margin, procurement sequence, ownership or control, wakālah authority, and handover documentation. Inaccurate design leads to different consequences across validity and performance tracks. The study identifies recurring documentary failures and argues for a shift from macro-level compliance toward micro-level contractual architecture, emphasizing stronger pre-akad disclosure, coherent documentary chains, and clearer separation between validity and performance in dispute resolution.
Community-Based Islamic Philanthropy in Strengthening the Resilience of Muslim Muallaf in the Belu Border Area, NTT M Usman; Roykhatun Nikmah; Putu Widhi Iswari
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14411

Abstract

This study analyzes the contribution of community-based Islamic philanthropy to strengthening the resilience of Muslim muallaf families in the Belu border area, NTT. Muallaf families in this region face multiple challenges, including economic hardship, adaptation to a new religious identity, and social vulnerability as a minority group. In this context, recitation communities play an important role in implementing Islamic philanthropic practices based on socio-religious solidarity to support the sustainability of Muslim family life. This study employs a qualitative field study with a sociological approach. Data were collected through interviews, observations, and documentation involving muallaf families, religious leaders, and Muslim worshippers in Belu, NTT. The data were analyzed descriptively and analytically to identify forms of Islamic philanthropic practices and their contribution to family resilience. The findings reveal that Islamic philanthropy is distributed in both material and non-material forms through consumptive-traditional and consumptive-creative patterns. Based on Froma Walsh’s framework of family resilience, philanthropy contributes positively to the belief-system dimension by fostering acceptance and optimism among muallaf families as they cope with social and economic pressures. However, in the family organization dimension, philanthropic assistance has not fully fostered flexibility or long-term improvement in family resilience, as most practices remain charitable and short-term rather than empowerment-oriented. In the aspect of social support and communication, regular religious mentoring has strengthened family resilience. The study highlights the need to transform Islamic philanthropy from consumptive charity into sustainable, productive empowerment for muallaf families in border areas. 
Authority and Legitimacy of Violence in Islamic Law and International Humanitarian Law: A Case Study of the Houthi Attacks Irfan Nurhakim
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14417

Abstract

This article examines the authority and legitimacy of armed violence in Islamic law and International Humanitarian Law (IHL) through a case study of the Houthi attacks, to clarify who is entitled to use force and under what normative conditions. Employing a qualitative doctrinal and comparative legal approach, the study analyses primary legal sources, including IHL instruments and classical and contemporary Islamic legal scholarship. It is complemented by secondary literature on non-state armed groups (NSAGs). The findings demonstrate a fundamental distinction between the two frameworks: IHL adopts a neutral, regulatory approach that applies equally to all parties in armed conflict, including NSAGs, whereas Islamic law conditions the permissibility of violence on legitimate authority (wilāyah) and ethical justification grounded in maqāṣid al-sharī‘ah, particularly the protection of life (ḥifẓ al-nafs). While both frameworks converge in regulating the conduct of hostilities, including the protection of civilians and the principle of proportionality, they diverge significantly in their conceptions of legitimacy. This study argues that Islamic law does not merely regulate violence but embeds it within a broader moral and humanitarian framework that prioritises the preservation of human life and restricts the use of force beyond formal legality. The implications of these findings contribute to contemporary debates on the role of NSAGs, offering a legitimacy-based comparative model that bridges legal and ethical analysis. This model provides a novel contribution by integrating doctrinal comparison with Islamic humanitarian ethics, thereby advancing interdisciplinary scholarship at the intersection of Sharia, international law, and the ethics of warfare.
Bridging Legal Commitments and Migrant Vulnerabilities: KBRI Kuala Lumpur’s Educational Policies from the Perspective of Islamic Legal Maxims M. Azka Zulfar Rohman; Fatmah Fatmah
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14563

Abstract

This study examines the policy of the Embassy of the Republic of Indonesia (KBRI) in Kuala Lumpur in fulfilling the educational rights of children of Indonesian Migrant Workers (PMI) through the Islamic legal maxim taṣarruf al-imām ‘alā al-ra‘iyyah manūṭun bi al-maṣlaḥah, which emphasizes that state policies must be oriented toward public welfare. The study is motivated by the gap between normative legal guarantees and empirical realities, where many migrant children in Malaysia still face restricted access to education due to undocumented status, administrative obstacles, and social vulnerability. Employing a normative-empirical legal research method with statutory and conceptual approaches, data were collected through document analysis, semi-structured interviews, and limited observations. The findings reveal that KBRI Kuala Lumpur’s educational policies, implemented through the Indonesian School of Kuala Lumpur (SIKL), Distance Learning Programs (PJJ), Sanggar Bimbingan, and the ADEM and ADIK affirmative scholarship programs, form an adaptive framework for expanding educational access for migrant children. The study’s novelty lies in demonstrating that these policies function not merely as administrative services, but as legal instruments of state protection that bridge normative commitments and the structural vulnerabilities of undocumented migrant communities. Accordingly, the maxim serves both as an ethical principle of governance and as a legal framework for evaluating the legitimacy and protective orientation of state policies toward vulnerable citizens abroad.
Between Religious Validity and State Legality: The Criminalization of Unregistered Marriage and Polygamy in Indonesia Zakiyuddin Abdul Adhim; Muhammad Khoirul Anam; Ahmad Hasan Basri
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14644

Abstract

This article analyzes the shift in the regulation of marriage in Indonesia, from a civil-administrative legal regime to penal norms under the National Penal Code (Law No. 1 of 2023), specifically concerning the practices of nikah siri (unregistered marriage) and polygamy siri. Unlike prior studies that examined these issues in isolation, this article integrates an analysis of the construction of criminalization under Articles 401–404 and its implications for the harmonization of civil, Islamic, and criminal law. Employing a normative-descriptive method with statutory, conceptual, and historical approaches, this study draws on primary legal materials and court decisions analyzed through systematic and teleological interpretation. The analysis reveals that under the previous regime, the state regulated marriage primarily through civil and administrative instruments, with criminal law playing only a limited corrective role. The National Penal Code, however, expands the scope of legal protection by incorporating specific marriage-related conduct into penal norms, signifying a shift in rechtsbelang from individual toward public legal interests. This article asserts that such criminalization is not directed at religious practices per se, but rather at violations of public legal obligations that result in tangible harm. Consequently, these provisions must be interpreted restrictively within the framework of the ultima ratio principle and the protection of religious freedom, positioning criminal sanctions as instruments of legal protection rather than disguised criminalization of religious practice.
State Intervention in Islamic Family Law: A Comparative Analysis of Pakistan and Indonesia within the Framework of Maqāṣid al-Sharīah Resti Septiani; oom Mukarromah; Nuruf Ma'rifah; Itang; Buang Yusuf
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14786

Abstract

This study aims to analyse the forms and models of state intervention in Islamic family law in Pakistan and Indonesia and their relevance within the framework of maqāṣid al-sharīah and the relationship between fiqh and state law. Previous studies have examined Islamic family law reform in Muslim-majority countries; however, limited attention has been given to comparative analysis between Pakistan and Indonesia from the perspective of maqāṣid al-sharīah and the interaction between religious jurisprudence and state legal systems. This research employs a normative juridical method with comparative and conceptual approaches by examining legal regulations and relevant literature. The findings show that Pakistan adopts a more restrictive and administrative model with strong state control, while Indonesia applies a more moderate judicial approach that allows greater interpretative flexibility. From the perspective of maqāṣid al-sharīah, regulations concerning polygamy, divorce, and marriage registration are oriented toward the protection of life, lineage, and property. This study also finds that the Indonesian model is more representative in its implementation of maqāṣid al-sharīah comprehensively, as it balances legal certainty, fiqh flexibility, and substantive justice through a contextual judicial mechanism. Nevertheless, the Pakistani model demonstrates stronger preventive protection through stricter administrative supervision. Therefore, this study recommends the development of an Islamic family law system that integrates Indonesia’s judicial flexibility with stronger administrative supervision as implemented in Pakistan in order to achieve more comprehensive legal protection and social welfare (maslahah).
Evaluation of the Effectiveness of Tax Dispute Resolution in Realizing Justice in the Tax Court R. Narendra Jatna; Hasbullah Hasbullah; Abdul Kadir Jaelani
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.15134

Abstract

The increase in the intensity of audits and digitalization of tax administration in Indonesia has encouraged an increase in the number of tax disputes, thus demanding a resolution mechanism that is not only administratively efficient, but also able to ensure objectivity, substantive justice, and legal certainty. This study aims to analyse the effectiveness of the tax dispute resolution mechanism, especially at the objection stage at the Directorate General of Taxes (DGT) and the appeal stage at the Tax Court, and examine the implications of institutional reform after the Constitutional Court Decision Number 26/PUU-XXI/2023 and the development of tax digitalisation on the quality of dispute resolution. The discussion was carried out by examining the structure of the objection authority, the quasi-judicial character of the Tax Court, and the use of electronic evidence in the trial process. The results of the study show that the objection mechanism has not functioned optimally as an initial filter for disputes because of structural conflicts of interest, information asymmetry, low transparency, and a lengthy process; therefore, it is often perceived as an administrative formality. At the appellate level, the Tax Court faces a backlog of cases, the complexity of modern tax disputes, and the limited capacity and consistency of judges' considerations, which affect the predictability of decisions. Thus, it is concluded that institutional reform and tax digitalisation have the potential to strengthen the independence and efficiency of tax dispute resolution; however, regulatory harmonisation, institutional capacity building, and strengthening electronic evidentiary standards are required to realise a fair and credible tax dispute resolution system.

Page 13 of 13 | Total Record : 130

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