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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 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2022): January-June 2022" : 5 Documents clear
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): January-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): January-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): January-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): January-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): January-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.

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