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Hakamain: Journal of Sharia and Law Studies
Published by Yayasan Lembaga Studi Makwa
ISSN : -     EISSN : 29629241     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Hakamain: Journal of Sharia and Law Studies is a scientific journal that examines legal and Islamic issues. The focuss Hakamain: Journal of Sharia and Law Studies is to provide readers with a better understanding of Islamic Law, Civil Law and Islamic Economic Law and current developments through the publication of articles and book reviews. The Hakamain published by Yayasan Lembaga Studi Makwa (Makwa Foundation)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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Paradigma Dispensasi Perkawinan di Pengadilan Agama Muara Labuh Antara Maslahah dan Inkonsistensi Hukum Novval, M. Novval Adhari; Hanif, Hanif Aidhil Alwana; Rio, Rio Wanda Saputra
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): June 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.31

Abstract

This paper illustrates the dispensation in the marriage law in Indonesia, because marriage is a complex Muslim act, containing elements of worship and muamalah which in practice will always experience influence according to the circumstances of the bridegroom and prospective bride. The existence of a marriage dispensation reaps the pros and cons among the Judges throughout the Religious Courts, it is evident in each of the Religious Courts in Indonesia that have absolute authority in examining and adjudicating cases resulting in diverse stipulations, both to grant, or reject the petition of the applicant. Specifically in this study it was found that the number of registered marriage dispensation cases had doubled from the previous year, in 2016 there were 3 cases while in 2017 there were 6 cases. The conclusion in this study is the presence of marital dispensation is a casuistic option for the person who have a desire to get married immediately; protect themselves from immorality, the emergence of life motivation in boosting the economy; low education, low religious understanding, promiscuity; unwed pregnant. Whereas in conducting legal considerations in this case, the Judge uses the concept of maslahah, and also avoids the applicant from continuing immorality.
Relevansi Demokrasi Hukum dalam Konteks Siyasah Syar’iyyah Sekarang dan Akan Datang di Indonesia Syaflin, Syaflin
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): June 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.32

Abstract

Democracy is one interrested topic of discussions especially in relation to Islam. Many questions emerge associated with Islam and democracy such as: Does Islam has the concept of democracy? Does democracy compatible with Islam? What is the Muslim scholars response to the issue of democracy? This paper will investigates these questions using library research. This study discoveres that there are different opinions among Muslim scholars in relation to democracy: some said that democracy is compatible with the Islamic doctrine, another scholars stated otherwise, while the others stand between the two. Islamhas a term that resemble with the term democracy that is shurā, with different principles. In regard to the application of democracy in Indonesia, the majority of Muslim scholars in Indonesia accept positively to the concept of democracy and considered it to be compatible with the Islamic doctrine.
Faktor Meningkatnya Partisipasi Politik Masyarakat pada Pilkada Masa Covid-19 di Kabupaten Dharmasraya Perspektif Siyasah Syar’iyyah Putri, Cipta Samiri Putri Zari; Damanik, Achmadin Damanik
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): June 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.38

Abstract

This research is motivated by two things. First, the increase in community political participation in Dharmasraya Regency in the 2020 Pilkada compared to the previous year's Pilkada. Second, it is carried out in a Covid-19 emergency situation. This study aims to find out why the level of political participation of the people of Dharmasraya Regency in the 2020 Pilkada increased in the Covid-19 emergency situation and how according to the perspective of siyasah syar'iyyah on community political participation in Dharmasraya Regency. The type of research that the author uses in this research is field research conducted in Dharmasraya Regency, West Sumatra Province. Sources of primary data obtained through observations, interviews and documentation conducted on the relevant stakeholders. Based on the results of the study, it can be found that the factors that influence the political participation of the community in Dharmasraya Regency in the 2020 Pilkada are due to the driving factors, namely the awareness or political stimulant factor of the community, political situation or environmental factors, political education factors and trust factors in the government. According to the siyasah syar'iyyah perspective on community political participation in the Pilkada of Dharmasraya Regency, it is already practicing the commands of Allah SWT or in accordance with Islamic teachings that require humans to participate in the election of leaders for the benefit of the people which is mandatory.
Tinjauan Filosofis Hukum Islam Terhadap Tradisi Menggendong Ayam Bagi Mempelai Wanita Ketika Walimatul Al-Ursy di Nagari Sontang Cubadak Kecamatan Padang Gelugur Septi, Septi Irawani; Adra, Adrayani
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): June 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.39

Abstract

There is a custom in Nagari Sontang Cubadak trying to hold a chicken at the time of walimatul al-ursy for the bride, what is behind the tradition so that the chicken is made part of the custom in the process of walimatul al-ursy. Therefore, this research is focused on how the philosophical review of Islamic law on the tradition of carrying chickens for the bride when walimatul al-ursy in Nagari Sontang Cubadak. From the results of the research that the author did, the authors concluded that the tradition of manggendong chicken at the time of walimatul al-ursy for the bride in Nagari Sontang Cubadak in the philosophical review of Islamic law there are benefits or benefits, namely the existence of mental training as well as non-formal education for the maintenance of offspring. it is included in the maqashid shari'ah, namely hifz nasab (maintaining offspring), besides that there is anticipation for the bride and groom from indigenous peoples if the bride and groom in living their domestic life face economic difficulties, as a way out of this problem is there are chickens that have almost laying eggs that were carried when walimatul ursy. The goodness or benefits that exist in carrying out the tradition of carrying chickens in fiqh literature are known as maslahah.
Menguatkan Konsep Fikih Sosial dalam Dinamika Interaksi Manusia Perspektif K.H Muhammad Ali Yafie Tata, M. Khairul Arwani
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): June 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.40

Abstract

Through this paper, the author will try to explain the concept of understanding social fiqh so that human interaction will increasingly bring benefits and away from harmful activities, especially those directly related to nature. The basic theory developed in this discussion is the thought generated by K.H Ali Yafie. The importance of social fiqh and its application as offered by K.H Ali Yafie above makes the author believe that this concept can be presented in the social interactions of Muslims. Because after all, Muslims have a responsibility so that the continuity of life in this world can be used as a facility that will lead to the afterlife, then offer religious understanding (Islamic law) as a form of struggle for the Islamic revolution in alleviating poverty and oppression and through this understanding of social fiqh. it's becoming more and more achievable.
Mohammad Natsir Thought on Reactualising Religious Nationalism in Indonesia Yufriadi, Ferdi
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): June 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i1.166

Abstract

Mohammad Natsir's nationalism is a significant phenomenon in the history of Indonesia that influenced the process of nation-building during the early days of independence. This journal aims to investigate the crucial role of the nationalist figure Haji Mohammad Natsir in fostering the spirit of nationalism and how his thoughts shaped the national identity of Indonesia. The research methodology employed in this journal is a qualitative approach through narrative analysis and relevant primary sources related to Natsir's role in Indonesia's struggle for independence. The sources used include speeches, writings, and Natsir's biography, as well as works by historians and researchers who have examined his significant role in the nation's history. The research findings indicate that Natsir was a visionary and influential nationalist figure in shaping Indonesia's national identity. His nationalist views emphasized unity, integrity, and national identity based on the values of Pancasila and Islam. This ideology played a key role in fostering a sense of unity and nationalism among the Indonesian populace during challenging times after independence. Additionally, the journal highlights Natsir's role in advancing national education and culture. He advocated for the development of the Indonesian language as a unifying language and promoted Indonesian arts, literature, and culture to strengthen the national identity. Natsir's nationalism played a significant role in the process of shaping Indonesia's national identity. His thoughts on unity, justice, and the noble values of Indonesia have helped guide the nation towards a strong national identity. Therefore, a deeper understanding of Natsir's role in national history provides valuable insights into how nationalist figures can shape the national identity of a nation.
Peran Komisi Pemilihan Umum Dalam Pilkada Kabupaten Solok Sumatera Barat Perspektif Fiqh Siyāsah Aditiya Perdana, Dian; Febrinaldi, Fauziah
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.235

Abstract

During the stages of the regional head election (PILKADA) held by the Solok Regency KPU, namely the election of the Regent and Deputy Regent, there were several election disputes that were faced by the Solok Regency KPU, namely the nomination process dispute to the Bawaslu and PTTUN Medan, as well as the result dispute to the Constitutional Court (MK). Of the several disputes, one pair of candidates submitted an application, only one application was granted and two applications were rejected. The two disputes that were rejected were the candidacy disputes submitted to Bawaslu by the candidate pair Iriadi and Agus Syahdeman. Henceforth, the application submitted by the pair of pairs Nofi Chandra and Yulfadri to the Constitutional Court with the decision of Amar Rejecting the Petitioner's Application in its entirety. Based on the results of the study, the role of the Solok Regency KPU in resolving disputes over the election process for the Regent and Deputy Regent of Solok in 2020, the Solok Regency KPU has played as much as possible in accordance with the authority granted by laws and regulations, namely by preparing all the disputed answers and rebuttals, preparing the tools evidence, prepare witnesses and other documentation. In the view of siyasa fiqh, the Solok Regency KPU has received answers or materials in the trial. The dispute is resolved by the Qadha institution (Court) which is the institution tasked with resolving cases of disputes and their duties.
Tinjauan Siyasah Dusturiyyah Terhadap Pelaksanaan Peraturan Nagari Nomor 05 Tahun 2018 Tentang Pengelolaan Sampah Rumah Tangga Di Nagari Situjuah Kabupaten Lima Puluh Kota Yusnita, Helmi
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.236

Abstract

This research is motivated by the fact that many people do not comply with Nagari Regulation 05 of 2018 concerning Household Waste Management so that waste management in Nagari Situjuah Banda Dalam is disorganized and does not work as expected. This study aims to find out how to implement Nagari Regulation Number 05 of 2018 concerning Household Waste Management in Nagari Situjuah. The research I used was field research using a qualitative approach, namely research whose data was obtained through the field, studying, recording, analyzing and observing and interviewing as primary data collected by the Nagari Situjuah government. After doing research it can be concluded that; First, the lack of the role of law enforcers, the lack of facilities and infrastructure and the lack of public knowledge about the existence of this regulation so that the rules do not run smoothly and are ineffective. Second, the Siyasah Dusturiyah Fiqh review of household waste management is that the Siyasah Dusturiyah Fiqh discusses the concept of a rule of law and the reciprocal relationship between the government and citizens that must be protected in order to achieve the benefits of society. In this case, the Nagari government issued a Nagari regulation related to household waste management so that people would comply more with existing regulations so that no harm would occur from the actions of local residents.
Implementasi Perda Inisiatif Dewan Perwakilan Rakyat Daerah Kota Bukittinggi Perspektif Fiqh Siyāsah Refliandi, Irvan
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.238

Abstract

The background of this research is when the Bukittinggi’s DPRD has not carried out its performance in accordance with the expectations and wishes of the people, as is the case when the number of regional regulations produced by the legislature is less than the number of regional regulations originating from the executive. This study aims to find out how the implementation of the Initiative regional regulation in the Bukittinggi’s DPRD environment and what factors became obstacles in the formation of the initiative for regional regulation of the Bukittinggi’s DPRD. The type of research that the authors used in this study was field research conducted in Bukittinggi. Primary data sources are obtained through interviews, observation and documentation of related stakeholders. Based on the results of the research, it can be seen that the implementation of the regional regulation initiated by the Bukitinggi’s DPRD has not gone well because there are still several obstacles, such as low human resources, lack of socialization of the Perda formation program and changes in community dynamics.
Penetapan Harga Sewa Rumah Kos Pada Masa Pandemi Covid-19 di Kota Bukittinggi Perspektif Fiqh Mu’āmalah Ramadhani, Ramadhani
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.239

Abstract

This research was written to find out how the practice of setting prices for renting boarding houses during the Covid-19 pandemic in Bukittinggi, because there are differences in setting boarding house rental prices where the boarding house owner waives or waives boarding house rent during the pandemic. However, there are also some boarding house owners who continue to pay full boarding fees as before the Covid-19 pandemic. Furthermore, the author also wants to know how fiqh muāmalah views the pricing of boarding house rents during the Covid-19 pandemic. This study used field research, while the data sources for this research consisted of primary data sources, which were obtained from observations and interviews with students and boarding house owners in the Aur Birugo Tigo Baleh Village. The conclusions from research regarding the pricing of boarding house rentals during this pandemic were found in 3 versions. First, the boarding house owner waived boarding fees during the Covid-19 pandemic. Second, the boarding house owner provides relief by paying half the boarding fee of the pre-pandemic price. Third, boarding house owners do not provide fee relief by continuing to pay full boarding fees during the Covid-19 pandemic. In the view of fiqh muāmalah, leasing or ijārah is legally permissible or permissible as long as there is no argument that forbids it.

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