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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
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Search results for , issue "Vol. 2 No. 2 (2023): July-December 2023" : 5 Documents clear
Human Rights and Customary Law Analysis: Uncovering the Exploitation of Children and Women in Developing Countries Gafnel, Gafnel; Ismail, Ismail; Yaswirman, Yaswirman
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): July-December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.325

Abstract

The research aims to highlight how traditional practices and norms, often ingrained in customary laws, contribute to systematic abuses and human rights violations. Utilizing a multidisciplinary approach, this study combines legal analysis, sociocultural examination, and case studies from various developing countries to provide a comprehensive understanding of the issue. Through qualitative methods, including interviews with affected individuals, reviews of existing legal frameworks, and analysis of human rights reports, the research identifies key patterns and factors that perpetuate exploitation. The findings reveal that while customary laws play a significant role in community governance and cultural identity, they often conflict with international human rights standards, leading to the marginalization and abuse of vulnerable groups, particularly children and women. Specific customary practices such as child marriages, forced labor, and gender-based violence are scrutinized to demonstrate the pervasive nature of these violations. The study underscores the urgent need for integrating human rights principles into customary legal systems to protect the most vulnerable and promote justice. Recommendations include comprehensive policy reforms that align customary laws with international human rights standards, education and awareness campaigns targeted at both local communities and policymakers, and the establishment of robust mechanisms for monitoring and enforcing human rights compliance within customary law frameworks. This research contributes to the broader discourse on human rights in developing countries by providing actionable insights and advocating for a balanced approach that respects cultural traditions while safeguarding fundamental human rights.
The Relationship Between Religious Law and State Law: Analytical Study of Receptio and Electicism Theories Wardi, Utama; Fahmi, Khairul; Amin, Saiful
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): July-December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.326

Abstract

This research delves into the intricate relationship between religious law and state law by examining them through the theoretical frameworks of reception and eclectic theory. Reception theory posits that religious law can exert an influence on state law through processes of adaptation and incorporation, whereby elements of religious law are absorbed and integrated into the legal framework of the state. In contrast, eclectic theory advocates for a consistent and harmonious interaction between the two legal systems, suggesting that they can coexist and complement each other without conflict. The study delves into both historical contexts and contemporary examples to demonstrate how these theories are reflected in various legal frameworks around the world. By providing a comparative analysis, it highlights the diverse ways in which religious and state laws intersect and influence one another across different cultures and legal traditions. The study also addresses significant challenges, such as the conflicts that arise when religious principles clash with state laws, and the efforts made to reconcile these differences in pursuit of legal harmony and social justice. It offers valuable insights into the ongoing evolution of legal theory and practice, emphasizing the importance of accommodating the diverse needs of society while striving for a balance between respecting religious traditions and upholding the rule of law. The findings presented aim to inform future directions in legal scholarship and practice, fostering a deeper understanding of the potential for synergy and conflict between these two fundamental pillars of legal systems.
The Transfer of Use of High Heirloom Property in Solok District in Maqashid Al-Syariah Review Ramadhani, Ramadhani; Refliandi , Irvan; B, Syafriadi
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): July-December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.328

Abstract

The transfer of the utilization of high inheritance assets in Nagari Muara Panas, Bukit Sundi District, Solok Regency often reaps pros and cons, because basically, high inheritance assets may not be sold or pawned except for four reasons, but the facts often show that high inheritance assets are used for the benefit of personal. This is what causes divisions among the people because of the transition from the utilization of the high inheritance property. The purpose of this study was to analyze the Maqashid al-Shariah review of the transfer of utilization of high inheritance assets in Nagari Muara Panas, Solok Regency. This type of research is field research. Data collection techniques in this study were carried out through interviews and documentation. The results of this study indicate that the form of diversion of the use of high heirlooms that occurred in Nagari Muara Panas, Bukit Sundi District, Solok Regency was carried out by pawning and trading by owners of high heirlooms for reasons of personal gain. Furthermore, Maqashid al-Shariah's review of the transfer of utilization of high inheritance assets in Nagari Muara Panas is permissible in order to preserve the soul in the form of medical treatment and preserve the mind in the form of educational expenses, all of which can be categorized at the dharuriyyat level. and this is at the level of tahsiniyyat.
Giving the Right to Former Prisoners to be Leaders in the Study of the Philosophy of Islamic Law Refliandi, Irvan; Fatimah, Fatimah
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): July-December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.329

Abstract

This research is qualitative, using data from library sources. Former convicts are people who have previously committed crimes or criminal acts and have served their sentences. In Islam, a leader must be fair, honest, trustworthy, and have high integrity. Law No. 8 of 2012 concerning Elections allows former convicts to become members of the legislature, but it has received many responses of rejection from the public. This is based on the perception that former convicts are morally compromised and no longer trusted by society. To build a legislature that is credible and can be trusted by the people, its members should have moral integrity, be intelligent (competent), and be statesmen, especially since legislative members represent the people as the holders of sovereignty. In the Quran and Hadith, there are hardly any explicit requirements mentioned for legislative members, let alone the status of former convicts. This study aims to determine the capability of former convicts to become leaders within the framework of Islamic legal philosophy. The results of the study show that, philosophically, Islamic law requires a leader to be just and their sense of justice to be unimpaired, thus it is makruh (discouraged) to grant former convicts the right to become leaders and to be at the level of tahsiniyah.
Combating Corruption in Indonesia Through Islamic Criminal Law and Customary Criminal Law Januaris, Fadli; Arwani, M. Khairul; Jumanda, Adi; Utama Yazid, Ilham; Ulfazah, Yernati; Fikri, Rahimatul
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): July-December 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i2.333

Abstract

Corruption is a big problem for the Indonesian nation that cannot be resolved temporarily. Now the practice of corruption occurs in almost all levels of society. Indonesia has become one of the leading countries in eradicating corruption. Even though the majority of Indonesia's population is Muslim. The purpose of this study is to formulate a definition of corruption in Indonesia from the perspective of Islamic law and how the concept of corruption works in Indonesia from the perspective of Islamic law. Use in this research descriptive-analytic method with a normative approach. The research results show that corruption in Indonesia is from the perspective of Islamic law an attempt to enrich oneself or others by violating the law contrary to the principles of justice (al-'is), accountability (al-amanah) and being in a position of responsibility. Corruption in Indonesia when viewed in terms of jinayat law in Islam is the same as the concept of Ghulul (fraud), and Risywah (bribery), and al-Ghasab (exploitation of other people's rights without permission). corruption so that it is included in the offense of Islam prohibiting corruption, then committing acts that are contrary to the texts, such as for example. However, the perpetrators are people who can be prosecuted according to law.

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