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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. 3 No. 1 (2024): January-June 2024" : 5 Documents clear
A Critical Analysis of the Inconsistencies in Amina Wadud Gender Equality Movement in the Islamic World Alfarisi, Salman; Arwani, M. Khairul
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): January-June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.323

Abstract

Gender equality has long been a topic of discussion and debate. Amina Wadud, a pioneer of the gender equality movement, is controversial for initiating actions unprecedented for women. The author chooses Amina Wadud because she took unprecedented steps: becoming an imam for prayer and later a Khatib interpreting the Quran, deviating from the author's prior understanding. The issues examined include how Amina Wadud's equality movement emerged, why she initiated it, and the problems of the equality movement analyzed by her. This fieldwork involves experts researching gender issues and uses descriptive qualitative data, gathering words from observed individuals and actors. Information comes from primary and secondary sources, including Amina Wadud's books, The Qur'an and Women: Rereading the Sacred Text from a Woman's Perspective and Inside The Gender Jihad: Women's Reform in Islam, using the Maslaha approach. The analytical method is descriptive. The study shows that the movement, part of a series of worship activities, fundamentally contradicts the concept of Maqasid Sharia due to its potential to cause societal harm, distorting public perception of services rendered. Amina Wadud's thoughts in the present era are inadequate and irrelevant because her movement is local, focusing on defending religious freedom. As the movement spreads, gaps will emerge in areas where religious freedom is not respected. Inconsistency and insignificance of Amina Wadud's movement in modern times stem from numerous criticisms and rejections from Muslims and scholars. Her movement cannot be implemented in the general public, where the majority of Muslims are already highly intellectual.
Appointment of Heirs as Funeral Prayer Leaders in the Bukittinggi Community: An Analysis of Designation from the Perspectives of Customary and Islamic Law Wardi, Utama; Ikhwan, Ikhwan; Busyro, Busyro
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): January-June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.327

Abstract

This research delves deeper into the longstanding practice of appointing heirs as leaders of funeral prayers within the cultural tapestry of the Kurai community in Bukittinggi. It endeavors to unravel the socio-cultural fabric that deems heirs as appropriate custodians of this sacred ritual, exploring the historical evolution and societal roles entrenched in traditional funeral ceremonies. Methodologically, this research utilizes a qualitative approach through in-depth interviews with local community leaders to gain a direct understanding of the appointment of heirs as leaders of funeral prayers. This approach is enriched by scholarly discourse on highly relevant legal and religious issues, enhancing the analysis with theoretical perspectives and comparative viewpoints. By synthesizing these interdisciplinary approaches, the research aspires to unravel the intricate nuances and underscore the profound significance of heirs assuming the mantle of funeral prayer leadership in the Kurai community in Bukittinggi. The findings from this study are anticipated to yield nuanced insights into the intricate interplay between indigenous traditions and Islamic principles within the realm of religious practices in the Kurai community. This scholarly inquiry aims to foster novel perspectives and enrich ongoing dialogues on how local adaptations harmonize with and enrich Islamic values in everyday life. In contribution to existing literature, this research offers a deeper understanding of the socio-cultural dynamics that influence the appointment of heirs as funeral prayer leaders. It also provides a nuanced exploration of the legal and religious implications of this practice, thereby contributing to broader discussions on the adaptation of Islamic norms in local contexts.
Comparative Analysis of Islamic Family Law and Customary Law in the Settlement of Inheritance Disputes in Indonesia Wardi, Utama; Yaswirman, Yaswirman; Ismail, Ismail; Gafnel, Gafnel
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): January-June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.330

Abstract

The settlement of inheritance disputes in Indonesia is a complex issue involving various legal systems, including Islamic family law and customary law. This study aims to conduct a comparative analysis between these two legal systems in the context of inheritance dispute resolution. This research employs a qualitative approach with case study methods, examining court decisions, interviews with legal practitioners, and a review of relevant legal literature.The findings show that Islamic family law, based on Sharia principles, has a formal structure and stricter procedures in resolving inheritance disputes. On the other hand, customary law is more flexible, emphasizing deliberation and consensus, and adapting to local norms and cultural contexts. These differences often create tension and jurisdictional conflicts, especially in cases where the parties involved come from diverse cultural and religious backgrounds.The research also explores the challenges faced in the application of these legal systems, such as the lack of public awareness regarding their rights and institutional and bureaucratic obstacles. The findings are expected to provide deeper insights for legal practitioners, academics, and policymakers in strengthening a more just and inclusive inheritance dispute resolution system in Indonesia. By understanding the strengths and weaknesses of each system, it is hoped that solutions can be found that integrate positive elements from both legal systems to create a more effective and equitable mechanism for resolving inheritance disputes.
Analysis of Overpayment Practices in Arisan with the Principles of Sharia Economic Law Edo Rahman, Muhammad; Ramadhan SY, Taufik; Refliandi , Irvan; Yusral Fuadi, Mhd
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): January-June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.331

Abstract

This study delves into the practice of overpayment within Arisan, a traditional community-based financial system, through the framework of Sharia Economic Law. Arisan, known for its role in promoting savings and social solidarity, operates as a rotating savings and credit association where members contribute to a common fund that is periodically distributed among them. However, the issue of overpayment—where some participants pay more than others raises significant concerns regarding its compliance with Islamic financial principles. The research employs a qualitative approach to explore how overpayment practices in Arisan align with or contradict Sharia principles, particularly those prohibiting riba (usury), gharar (excessive uncertainty), and the requirement for fairness and justice in financial transactions. Through a comprehensive analysis of these principles, the study finds that overpayment in Arisan can lead to potential violations of Sharia law, especially when it results in financial inequities or the unjust enrichment of certain participants at the expense of others. The findings suggest that while Arisan can be a valuable tool for economic cooperation and community support, it must be carefully managed to ensure Sharia compliance. The study concludes by recommending specific adjustments to Arisan practices, such as the implementation of standardized payment structures and transparent agreements among participants, to safeguard against overpayment and ensure that the system operates within the ethical and legal boundaries of Sharia Economic Law. This ensures that Arisan continues to serve its purpose without compromising Islamic ethical standards.  
Determination of Nasab of Children Outside of Marriage in the Islamic Legal System: The Role and Decisions of Religious Courts in Indonesia Husni, Syukriya; Syahriani, Fadilla; Husni, Alfi; Wahid, Annisa; Ngardi, Valensius
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): January-June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.332

Abstract

The determination of nasab for children born outside of marriage is a multifaceted legal and social issue, especially within the context of family law in Indonesia. This study delves into the critical role and decisions of Religious Courts in Indonesia concerning the nasab of such children, exploring how these courts balance national legal frameworks with the principles of Islamic law. Through a comprehensive analysis, the study highlights the legal factors, justifications, and ratio decidendi that underpin the decisions of the Religious Courts. It is imperative to understand the methodologies these courts employ in interpreting legal precedents, applying Islamic jurisprudence, and considering the broader social implications of their rulings. The investigation also looks into the procedural aspects of these cases, including the presentation of evidence, the involvement of legal and religious experts, and the impact of societal norms and pressures on judicial outcomes. It explores how the rulings influence public perceptions of legitimacy, inheritance rights, and social status, as well as their impact on the lives of children born outside of marriage and their families. The findings of this study underscore the dynamic interplay between religious norms and legal requirements in Indonesia, highlighting the challenges and opportunities in harmonizing these two systems. The study concludes by emphasizing the necessity for ongoing research to evaluate the long-term effects of these rulings on children's rights, social cohesion, and the development of a more inclusive and just legal framework.

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