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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 158 Documents
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Combating Corruption in Indonesia Through Islamic Criminal Law and Customary Criminal Law Fadli Januaris; M. Khairul Arwani; Adi Jumanda; Ilham Utama Yazid; Yernati Ulfazah; Rahimatul Fikri
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): HAKAMAIN: Journal of Sharia and Law Studies
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.
Legal Analysis of the Impact of Nusantara Capital Development on Environmental Damage Wilibaldus Jampa; Donna Ramadhan Fitri
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.340

Abstract

The development of Nusantara as Indonesia's new capital in East Kalimantan has sparked various reactions, particularly regarding its environmental impact. This study aims to analyze the legal implications of this development on environmental degradation and to evaluate the measures that have been taken to mitigate these impacts. By using a normative juridical approach and document analysis, this research examines the relevant legislation related to environmental protection and sustainable development, and compares it with the practices occurring on the ground. The findings reveal that, despite a robust regulatory framework theoretically designed to safeguard the environment, there is a substantial gap between policy and practice. This disconnect is evident in several key areas: the frequent bypassing of mandatory Environmental Impact Assessments (EIA), non-compliance with sustainable land use standards, and a general lack of accountability for environmental violations. Such shortcomings have led to alarming rates of deforestation, loss of biodiversity, and long-term ecological damage, undermining the very principles of sustainable development that the project purports to uphold. This research underscores the urgent necessity for enhanced legal and regulatory measures to ensure that the development of Nusantara not only achieves its economic and social objectives but also preserves the environmental integrity of the region. The study provides valuable policy recommendations aimed at bridging the gap between environmental protection and development, offering a pathway towards a more sustainable and legally compliant future for Indonesia’s new capital.    
The Implementation of Muzara’ah Aqad in Sapaduoan Sawah System a Case Study in Agam Regency Sarah Afifah; M. Khairul Arwani; Fahrul Fajar; Muhammad Alwi
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.341

Abstract

Agriculture plays a pivotal role in the human economy, serving as one of the most vital and productive sectors. Despite its significance, many agricultural practices continue to adhere to local customs and traditions, often neglecting the principles outlined in sharia mu'amalah, the Islamic commercial jurisprudence that governs economic activities, including agriculture. The core issue lies in the structure and execution of the Sapaduoan Sawah contract, which, while superficially resembling muzara'ah, diverges in several critical aspects. These discrepancies include the terms of the contract, the process of implementation, and alterations made during the contract period, all of which contribute to the invalidation of the Sapaduoan Sawah agreement under sharia law. The research conducted in Koto Baru-Koto Tuo Village, employing a qualitative field study approach, aims to analyze these deviations and explore the possibility of aligning the Sapaduoan Sawah system with the principles of the muzara'ah contract. The findings indicate that the current practices within the Sapaduoan Sawah system not only fail to meet the requirements of muzara'ah but also involve contractual changes that further compromise the integrity of the agreement. These alterations, often made without mutual consent or proper consideration of Islamic legal principles, result in a damaged and voided contract, highlighting the need for reform and education within the community to ensure that agricultural practices align with the ethical and legal standards of sharia mu'amalah. This research underscores the importance of integrating traditional agricultural systems with Islamic jurisprudence to promote fairness, transparency, and justice in economic transactions.
Analysis of Religious Court Decisions in Resolving Inheritance Disputes Still Under Collateral a Maqashid Syariah Perspective Yusep Abdulsiddik; Utari Roza Elsera; Alfi Husni
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.342

Abstract

Inheritance law governs the transfer of wealth left by a deceased person and its impact on the heirs. Issues often arise regarding the management and continuation of the rights and obligations of the deceased. This study aims to describe inheritance cases still under collateral at the Religious Court of Talu and to analyze the judicial decision from the perspective of Maqashid Syariah. The study employs two approaches: the statute approach and the analytical approach. The research findings show that the judge granted the inheritance dispute still under collateral with case registration number 559/Pdt.G/2022/PA.Talu. This was due to the judge's application of "rule-breaking," meaning the judge bypassed positive legal rules or written law that were deemed unjust for the seeker of justice. From the perspective of Maqashid Syariah, this decision falls under the category of hajiyyah in the aspect of hifdz mal, meaning that while the need may not result in harm if unmet, it can create various difficulties. Inheritance assets should ideally be distributed promptly to avoid delay and be given to the rightful heirs. In this context, postponing the distribution until the collateral obligations are resolved serves to provide certainty, justice, and prevent potential conflicts among heirs. Thus, the decision aligns with the objectives of Islamic law, which aim to bring benefit and prevent harm.
Sanctions for Fish Theft According to Regulation No. 09 of 2021 in the Perspective of Islamic Criminal Law in Nagari Padang Air Dingin Wensislaus Parut; Respita Sari; Nurangdini Zaenab Djahamao
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.343

Abstract

This research examines the sanctions for fish theft as regulated by Regulation No. 09 of 2021 in Nagari Padang Air Dingin, from the perspective of Islamic Criminal Law. Fish theft is a significant issue in the community, and local regulations are enforced to address this crime. Regulation No. 09 of 2021 stipulates penalties for those caught stealing fish within the jurisdiction of Nagari Padang Air Dingin, aiming to protect the livelihoods of local fish farmers and ensure the sustainability of fisheries. Islamic Criminal Law offers a framework for dealing with theft, including hudud (fixed punishments), ta'zir (discretionary punishments), and reconciliation between the offender and the victim. This study analyzes how the local regulations align with or differ from Islamic legal principles concerning theft, focusing on the nature of the crime, the process of adjudication, and the punishment applied. The findings suggest that while the regulation primarily focuses on material restitution and deterrence, there is room for incorporating Islamic values such as repentance, forgiveness, and community-based resolutions in resolving cases of fish theft. By comparing local norms with Islamic criminal jurisprudence, this research highlights the potential for a more holistic approach to justice that balances punishment with moral and social rehabilitation.
Implementation of Solok Selatan Regency Regional Regulation No. 1 of 2020 concerning Public Order and Peace of Mind Ulfita Aulia; Dahyul Daipon
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i2.344

Abstract

The habit of the people of Nagari Padang Air Dingin to dry rice on the main road was the primary motivation for this research. This practice is clearly not in accordance with Article 9, Paragraph 1, letter h of South Solok Regency Regional Regulation No. 1 of 2020 concerning Public Peace and Order, and it has several negative impacts. These impacts include a reduction in the area's aesthetic appeal, roads becoming dirty due to rice residue, main roads becoming slippery, and traffic jams that disrupt public transportation. This research employs a normative-empirical legal methodology, collecting primary data from interviews with informants. The findings indicate that although South Solok Regency Regional Regulation No. 1 of 2020, particularly the section on the prohibition of drying agricultural products on the highway, has been implemented more effectively compared to previous years, there are still areas where enforcement remains less than optimal. Factors such as environmental conditions continue to pose challenges to achieving full compliance. Furthermore, this regulation aligns with the concept of siyasah tanfidziyah (administrative policy), as in Islamic jurisprudence, the main goal is to achieve public benefit and prevent harm. Thus, the enforcement of Article 9, Paragraph 1, letter h of Regional Regulation No. 1 of 2020 contributes to protecting individuals from potential accidents or conflicts within the community.
Reconstruction of Constitutional Court Decision on Presidential and Vice Presidential Age Limit from Siyasah Qadhaiyyah Perspective Muhammad Febri Eka Saputra; Miswardi Miswardi; Nurkhairat Ihsan; Nadya Fransiska; Rahmi Surya Safitri
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1305

Abstract

The Constitutional Court Decision No. 90/PUU-XXI/2023, which allows individuals under the age of 40 to run for vice president if they have held a regional leadership position, has generated widespread public controversy. This study critically evaluates the ruling through the lens of siyasah qadhaiyyah, an Islamic legal-political framework that prioritizes justice ('adl), transparency (shafafiyyah), and public welfare (maslahah). Utilizing a qualitative research design with a case study approach, data were gathered through semi-structured interviews with constitutional law experts, Islamic jurists, and civil society representatives, supported by document analysis and media reviews. The findings indicate that the ruling is perceived by most respondents as politically biased, lacking alignment with the principles of substantive justice, and potentially discriminatory against non-political actors. Concerns also emerged regarding its implications for increased political polarization and diminished public confidence in judicial impartiality.This research contributes to the global discourse on constitutional jurisprudence and Islamic legal theory by integrating siyasah qadhaiyyah as a normative evaluative tool for judicial decisions in Muslim-majority democracies. It highlights the importance of embedding ethical and inclusive principles in legal reform to safeguard democratic integrity. The study concludes by recommending a realignment of Indonesia’s constitutional policies with the values of siyasah qadhaiyyah to ensure fair political participation and strengthen judicial legitimacy within broader democratic governance frameworks.
Ta’zir Punishment for Adultery in Indonesian and Malaysian Law from a Maqashid Sharia Perspective Ferik Demiral; Dahyul Daipon; Mutia Urdatul Usqho
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1316

Abstract

This research examines the application of ta’zir punishment for adultery in Indonesian and Malaysian law from the perspective of Maqasid Sharia. It explores how society perceives, interprets, and responds to these regulations, with particular attention to whether their implementation aligns with the higher objectives of Islamic law in safeguarding religion, life, lineage, intellect, and property. Using a qualitative field research approach, data were collected through in-depth interviews with legal practitioners, Islamic scholars, and community leaders, complemented by observations and documentation analysis in both Indonesia and Malaysia. The findings reveal that in Malaysia, particularly in states with Syariah Criminal Enactments, adultery provisions are viewed as a religious duty to preserve morality and lineage, although enforcement remains constrained by federal constitutional limits. In Indonesia, the inclusion of adultery provisions in the new Criminal Code has triggered intense debates between groups advocating moral protection and those emphasizing human rights and pluralism. From a Maqasid Sharia perspective, both contexts reflect sincere efforts to safeguard lineage and public morality; however, challenges persist regarding justice, proportionality, and the balance between individual rights and collective interests. This study concludes that the discourse on adultery punishment represents deeper negotiations between Islamic values, constitutional frameworks, and contemporary social realities. Its academic contribution lies in demonstrating how Maqasid Sharia can be operationalized as an analytical framework for assessing ta’zir punishments, thereby enriching Islamic legal scholarship in Southeast Asia.
Legal Implementation in the Digital Era: Protection of Child Support Rights after Divorce in Indonesia Nurul Fitri Kayati; Syarif Hidayatullah; Jainuddin Jainuddin
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1317

Abstract

This study aims to examine the implementation of child support rights protection after divorce in Indonesia within the context of the digital era through field research. A qualitative approach was used to gain an in-depth understanding of the practices, challenges, and opportunities in enforcing child support rights. Data were collected through in-depth interviews with various stakeholders, such as religious court judges, lawyers, divorced parents, and officers from child protection agencies in several religious court jurisdictions in Indonesia. The findings reveal a gap between existing legal provisions and their practical implementation. Major obstacles include limited public legal awareness, weak supervision mechanisms, and restricted access to and utilization of digital technology in the determination and monitoring of child support. Nevertheless, several digital innovations have begun to be applied, such as document digitization systems and child support tracking applications that help expedite processes and enhance transparency. This research makes significant contributions in Indonesia by offering contextual understanding and strategic recommendations for strengthening technology-based child support protection. Globally, the findings can serve as a reference for developing countries seeking to integrate family law regulations with digital advancements to improve access and the effectiveness of legal services. These results are expected to promote the development of a more inclusive, responsive, and adaptive child support protection system in the digital era.
Artificial Intelligence Integration in UNCLOS Implementation for Resolving Maritime Disputes in South China Sea Si Yusuf Al Hafiz; Nurul Izzah Al Badi’ah; M. Abdurrozaq
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1326

Abstract

This research investigates the integration of Artificial Intelligence (AI) into the implementation of the United Nations Convention on the Law of the Sea (UNCLOS) to enhance the effectiveness of maritime dispute resolution, particularly in the South China Sea—a region marked by overlapping territorial claims and geopolitical tensions. The objective of this study is to explore how AI technologies can support legal mechanisms under UNCLOS in resolving disputes more efficiently, transparently, and equitably. Using a normative legal research method with a conceptual and statutory approach, this study examines existing legal frameworks, analyzes the potential of AI-based tools such as machine learning, big data analytics, and automated decision-making systems, and evaluates their relevance in UNCLOS enforcement and dispute resolution mechanisms. The findings indicate that AI can play a transformative role in various aspects: real-time maritime monitoring, evidence verification, predictive modeling of potential conflicts, and assisting international tribunals in the interpretation and application of UNCLOS provisions. Furthermore, AI can facilitate trust-building among stakeholders by ensuring transparent data processing and minimizing human bias. The study concludes that while the integration of AI into UNCLOS implementation poses regulatory, ethical, and technical challenges, it also presents a timely and innovative opportunity to modernize international maritime governance. As an academic contribution, this research offers a forward-looking framework for the digital transformation of international legal instruments and encourages interdisciplinary dialogue between law, technology, and policy in addressing complex maritime disputes such as those in the South China Sea. Keywords: UNCLOS 1982, international maritime law, maritime governance, dispute resolution, maritime law reform.

Page 11 of 16 | Total Record : 158

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