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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. 2 No. 1 (2023): January-June 2023" : 5 Documents clear
Mohammad Natsir Thought on Reactualising Religious Nationalism in Indonesia Yufriadi, Ferdi
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): January-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.
Indonesia Challenges in Maintaining National Identity in the Era of Globalisation Aulya Putri, jihan; Arasy, Ashila; Nelwati, Sasmi
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): January-June 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i1.318

Abstract

This study aims to analyse the challenges faced in maintaining national identity in the era of globalisation using sociological research methods. The era of globalisation is characterised by increased interactions between nations that lead to the spread of values, cultures and ideologies that can threaten the homogeneity of national identities. This research uses a qualitative approach with a case study method on several countries that have experienced significant changes in their national identity due to the influence of globalisation. Data were collected through in-depth interviews, participatory observation, and document analysis. The results show that globalisation has resulted in cultural transformation, a shift in traditional values, and an increase in multiculturalism that challenges the integrity of national identity. In addition, information and communication technology also plays a major role in spreading global culture. The study concludes that effective strategies for maintaining national identity involve education that emphasises local values, cultural policies that support diversity, and strengthening local communities. Recommendations include the need for cooperation between the government, society and educational institutions in an effort to maintain and strengthen national identity amidst globalisation.
Building Pillars of Justice and Order: Uncovering the Challenges and Solutions of Equitable Law Enforcement in Indonesia Dessani, Yulia; Afrilia, Bella; Nelwati, Sasmi
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): January-June 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i1.319

Abstract

Enforcing fair and effective law in Indonesia is a complex challenge that requires a holistic approach from various stakeholders. Law enforcement institutions such as the judiciary, prosecution, police, and other legal bodies play a crucial role in upholding justice and maintaining societal order. One critical aspect in this context is ensuring the judiciary's independence from political pressure or other external influences, so that decisions are based on objective and fair legal principles. Legal reform is urgently needed to enhance transparency in legal processes, strengthen accountability, and uphold professionalism through continuous education and training of legal professionals. Strengthening active participation of the public in monitoring law enforcement agencies is also crucial to build public trust and maintain the integrity of the legal system as a whole. Developing an inclusive and comprehensive legal system should be a priority in addressing various legal challenges from local to national levels. By implementing these steps, Indonesia can strengthen the foundation for sustainable rule of law, which in turn will enhance justice for all citizens and create an environment conducive to sustainable and stable development. These efforts encompass not only structural and operational improvements in legal institutions, but also support the realization of a legally educated society aware of its rights, thus addressing social and economic challenges consistently and fairly. In-depth research on the implementation of legal policies is also necessary to identify areas needing improvement and evaluate the effectiveness of measures taken to achieve these goals.
Application of Maqasid Al-Shariah in Islamic Economics and Finance as the Development of Products of Islamic Value Syahriani, Fadilla; Fajri Mulyani, Fini; Fismanelly, Fismanelly; Afifah, Sarah; Medani, Alex
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): January-June 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i1.322

Abstract

This research aims to analyze the application of Maqasid Al-Shariah in Islamic Economics and Finance for developing products with Islamic values. Maqasid Al-Shariah, which includes the primary objectives of Islamic law protection of religion, life, intellect, lineage, and property is the focus to ensure financial products comply with Shariah law and benefit the Muslim community.A qualitative descriptive analysis method is used to illustrate how Maqasid Al-Shariah is implemented in Islamic economics and finance. Data collection involves comprehensive literature reviews, in-depth interviews with Islamic economic experts, and documentation of Shariah-compliant financial products. The literature review provides a theoretical foundation, while interviews and documentation offer practical insights into Maqasid Al-Shariah's real-world applications.The findings indicate that Maqasid Al-Shariah plays a crucial role in guiding the development of Islamic financial products that reflect Islamic values and meet the Muslim community's needs. In-depth analysis of financial products, such as savings, investments, and Shariah-compliant financing, shows how Maqasid Al-Shariah underpins their development. For instance, savings and investment products based on Maqasid Al-Shariah ensure halal funds, fair profit distribution, and risk protection.The practical implications of this research are significant for Islamic financial industry practitioners. Understanding Maqasid Al-Shariah's application helps them design and develop products that comply with Shariah principles and benefit the Muslim population. These products are expected to comprehensively meet the financial needs of the Muslim community, including protection against economic uncertainties, sustainable wealth management, and contributions to overall social welfare.
Delaying the Burial of the Body of an Agam District Traditional Leader Gafnel; Busyro, Busyro; Ikhwan, Ikhwan
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): January-June 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i1.324

Abstract

This research discusses the phenomenon of delaying the burial of the customary leader of Agam Regency from the perspective of qiyas. This study uses a qualitative approach involving various data collection techniques, including interviews, participatory observation, and document analysis. Amid shifting values and changing religious practices in the community, the practice of funerals has become a sensitive issue that combines religious teachings and local traditions. A delay in the burial of a traditional leader may occur due to an important traditional ceremony or pending the arrival of family members from afar. Qiyas, as a method of analogy in Islamic law, becomes an instrument to formulate a conclusion in this case. The principle of qiyas allows postponement of burial if there is a greater benefit, such as maintaining the integrity of the family or strengthening the cultural identity of the local community. However, this must be done with due regard to basic religious principles, such as preserving the honor of the deceased and preventing any physical harm that may result from the delay. The study concludes that the postponement of the burial of the customary leader of Agam Regency from the perspective of qiyas can be justified in carefully regulated situations, considering the balance between religious demands, local traditions, and the social needs of the local community. The importance of dialogue between religious authorities and traditional leaders in addressing this issue cannot be overlooked, as it involves a deep understanding of intersecting religious and cultural values.

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