cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Firdaus Annas
Contact Email
info@makwadfoundation.org
Phone
+6285278566869
Journal Mail Official
hakamain.makwafoundation@gmail.com
Editorial Address
Jl. Dusun Pandam Jorong Aro Kandikir Nagari Gadut Kecamatan Tilatang Kamang Kabupaten Agam Sumatera Barat
Location
Kab. agam,
Sumatera barat
INDONESIA
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
 10   11   12   13   14 
The Compilation of Islamic Law as a Socio-Digital Product in the Reform of Islamic Law in Indonesia M. Doni; Silfia Hanani
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.v4i1.1335

Abstract

This study aims to analyze the Compilation of Islamic Law (KHI) as a digital social product reflecting the transformation of Islamic law in Indonesia amidst an increasingly digitized and complex society. It examines how information technology influences the understanding, interpretation, and application of Islamic legal norms contained in the KHI. This study employs a qualitative method with a field research approach, examining the process of drafting the KHI by considering social and digital factors, including public participation and the development of legal discourse. Field research was conducted to explore the implementation of KHI within Indonesia’s religious court system, focusing on the utilization of digital technology to enhance access, transparency, and efficiency in the enforcement of Islamic law. The findings indicate that KHI functions not only as a formal legal document but also as a dynamic social construction that adapts to the needs of contemporary society and technological developments. However, challenges related to the relevance, flexibility, and formal legal status of KHI within the national legal framework still need to be addressed. The study concludes that reformulating KHI as a digital social product is crucial to responding to the modern legal challenges faced by the Indonesian Muslim community, emphasizing the need for adaptive and inclusive regulations. This contribution plays a strategic role for policymakers and legal practitioners to strengthen the role of KHI in building a responsive, participatory, and contextual Islamic legal system in the digital era.
Analyzing Public Complaints on BPJS Health Services Through Platform X Using a Maqashid Shari'ah Perspective Syarifah Salimah Nailulmuna; Abdul Mujib; Robiah Nuzul Hidayah; Fahmi Mustika Ramadhani; Bahrul Ulum
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.v4i1.1338

Abstract

This study aims to explore public complaints directed at Indonesia’s Social Security Administration Agency (BPJS) as expressed on Platform X, through the analytical framework of Maqashid Shari’ah. Employing a qualitative research design, this study utilizes digital content analysis to examine and interpret public complaints posted on Platform X. The data were collected through purposive sampling of user-generated posts that explicitly criticized or questioned BPJS services, particularly in the context of health accessibility, affordability, and responsiveness. These complaints were then categorized thematically according to the five Maqashid Shari’ah indicators. The findings reveal significant dissatisfaction related to the preservation of life and wealth, as users reported delays in service provision, unclear administrative procedures, and unequal treatment across demographic and regional lines. Complaints also revealed emotional and psychological stress linked to navigating the system, suggesting broader implications for the protection of intellect and dignity. The study concludes that while BPJS has made notable progress in expanding healthcare access in Indonesia, critical shortcomings in implementation and service quality persist, undermining its alignment with the ethical objectives of Islamic law. This research contributes to academic discourse by bridging Islamic jurisprudential theory with digital ethnographic methods, offering a novel framework for evaluating public service institutions in Muslim-majority contexts. It also highlights the value of social media as a tool for gauging public sentiment and institutional accountability.
Women’s Reproductive Rights in the Stunting Prevention Policy by the Government of Indonesia Rafida Ramelan; Siti Rochmiyatun; Armasito Armasito
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.v4i1.1341

Abstract

This study aims to analyze the protection of women’s reproductive rights in preventing stunting as part of the state’s responsibility to ensure the quality of future generations. The research employed a combination of library research and field research using a qualitative descriptive approach. Data were collected through the examination of legal documents, scholarly literature, government policies, and interviews with health officers, community leaders, and women of reproductive age in regions with a high prevalence of stunting. The findings show that women’s reproductive rights have been protected under various national regulations, including Government Regulation No. 72 of 2021, which demonstrates the government’s commitment to addressing stunting through reproductive health–oriented regulatory policies. However, the implementation of these policies remains suboptimal due to limited coordination among institutions, inadequate public awareness, and disparities between legal norms and field practices. The study concludes that legal protection of women’s reproductive rights is a crucial factor in preventing stunting and ensuring the realization of maqashid al-sharia, particularly hifzhu al-nasl (the protection of lineage). Academically, this research contributes to enriching the interdisciplinary discourse between Islamic law, public policy, and public health by integrating reproductive rights into national stunting prevention strategies. The results are expected to serve as a reference for policymakers and stakeholders in formulating effective, sustainable, and gender-responsive health policies that support the creation of a strong, healthy, and high-quality rabbani generation for the nation’s future.
Judicial System Digitalization: The Constitutionality of the E-Court System in Southeast Asia Zumrotu Ruzayana; Ulfa Salsabila; Robiah Nuzul Hidayah; Misbahul Firsha
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.v4i1.1343

Abstract

This study aims to examine the constitutionality of the e-Court system as a form of judicial system digitalization in Indonesia and Malaysia. The research employs an empirical legal method by conducting in-depth interviews with judges, court staff, lawyers, and digital service users, as well as direct observations of e-Court implementation in selected judicial institutions across both countries. The primary objective is to understand how the digital transformation of court procedures aligns with constitutional principles such as access to justice, legal certainty, due process, and transparency. The findings indicate that in Indonesia, the e-Court system is largely viewed as constitutionally valid, rooted in the Supreme Court’s authority and the national commitment to judicial reform. However, issues such as uneven digital infrastructure, limited public access, and procedural challenges still persist. In Malaysia, the e-Court system is part of broader administrative reforms and has received significant institutional support, yet concerns remain regarding its compatibility with constitutional guarantees, especially in ensuring equal treatment and procedural fairness for all litigants. The study concludes that while both systems reflect progressive efforts to modernize the judiciary, their long-term legitimacy depends on how well they integrate constitutional values into digital innovations. The academic contribution of this research lies in providing an empirical and comparative perspective on how constitutional principles are interpreted and applied in the digitalization of judicial processes in Southeast Asia, thereby enriching the discourse on law and technology in developing constitutional democracies.
Transformation of Digital Masculinity and Its Implications for Women's Rights in Divorce under Islamic Law Bahari Ali Albara; Muhammad Bakhrul Ilmi
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.v4i1.1349

Abstract

This study examines the evolving patterns of digital-era masculinity and their implications for marital dynamics and the protection of women’s rights in divorce under Islamic law, using Indonesia as a case study. While scholarship on gender and digitalisation has grown, little attention has been paid to how online platforms, social media norms, and digital economic roles are reshaping masculine identities in Muslim-majority contexts, particularly within the framework of Islamic family law. Adopting a qualitative methodology, the research draws on in-depth interviews with divorced women, legal practitioners, and religious court judges, alongside discourse analysis of digital media content. The findings reveal that the rise of “digitally empowered masculinity” is redefining household authority, financial obligations, and emotional engagement, influencing both marital conflict patterns and divorce proceedings. In many cases, shifts in gender dynamics—driven by digital income streams and online social interactions—have simultaneously expanded and constrained women’s ability to claim post-divorce rights, including nafkah iddah and mut’ah. These outcomes expose both legal and socio-cultural gaps in current Islamic family law practices, which often fail to keep pace with the realities of digitally mediated relationships. The study contributes theoretically by integrating gender studies, digitalisation scholarship, and Islamic legal discourse, and offers practical recommendations for religious courts, women’s advocacy networks, and policymakers to strengthen gender justice in the digital age.
Childfree Lifestyle Among Indonesian Millennials in the Perspective Maqashid Sharia Dinda Amanda Ainun Nuzul; Satria Kharimul Qolbi; Muhamad Arif Nugraha; Ega Mawargi; Umair Fahmiddin
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.v4i1.1350

Abstract

This study examines the childfree lifestyle among Indonesian millennials from the perspective of maqasid sharia within the framework of Islamic family law, with particular attention to the principle of hifz al-nasl. Existing studies on childfree practices have largely focused on sociological change, demographic trends, and individual rights, while limited attention has been given to normative Islamic legal analysis, especially in relation to maqasid sharia, creating a clear gap in contemporary Islamic legal scholarship. This research aims to analyze millennial Muslim perceptions of the childfree lifestyle and to assess how these perceptions align with or challenge the objectives of Islamic family law. The study employs a qualitative normative-empirical legal research approach, combining in-depth interviews with Indonesian Muslim millennials and normative analysis of classical and contemporary Islamic legal sources on family law and maqasid sharia. Informants were selected purposively to represent diverse levels of religious engagement. The findings indicate that most respondents perceive childfree choices as a form of personal autonomy; however, normative tension emerges when such choices are evaluated against the objective of preserving lineage. Respondents with stronger religious commitment tend to view childfree decisions as conditionally permissible or legally problematic, depending on intention and social responsibility. These results demonstrate that the application of maqasid sharia to contemporary family issues remains interpretatively contested and insufficiently contextualized. This research contributes to Islamic legal studies by reaffirming maqasid sharia as a dynamic analytical framework for addressing emerging family law issues among Muslim millennials in Indonesia.
Implementation of SEMA Number 01 Years 2023: Summons Notice by Registered Mail in the Religious Court Afrikal Candra; Faisal Efendi; Elpi Supardi; Nurlaila Nurlaila; Fitra Mulyawan; Linda Bulan Sari Siregar
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.v4i1.1354

Abstract

The purpose of this research is to examine how the implementation and impact of SEMA (Circular Letter of the Supreme Court) Number 1 years 2023. The research method used is a qualitative approach with in depth interview techniques and document analysis. Data were collected through literature study and observation of the implementation of SEMA number 1 years 2023. The analysis was conducted using a descriptive approach to illustrate the implementation of notifications through registered mail. The Religious Court involves two parties, namely the bailiff and the POS (PT. Pos Indonesia). The bailiff of the sends court summons notifications via postal service. The postal service delivers the court summons notifications through registered mail to the parties involved in the case while adhering to operational standards. However, there are still obstacles in its implementation, in improving the efficiency and effectiveness of the judicial process. Positive impact, especially in improving the judicial process Improvement in the quality of judicial services. The systematic arrangement of judicial procedures, accountability, and transparency, as well as the achievement of the principle of low-cost or affordable justice, also have negative impacts, particularly in the challenges of the latest system reforms, as well as the risks of prolonged trial delays and the risks of unlawful and unjust summonses. In reality, the POS often does not provide a summons to the litigant, which results in no information reaching the litigant.
Legal Analysis of Bitcoin Ownership as a Medium of Exchange in the Digital Financial System Gesa Bimantara; Tri Astuti Handayani; M. Aqiel Alam
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.v4i1.1358

Abstract

This study examines the legal status and implications of Bitcoin ownership as a medium of exchange within Indonesia's evolving digital financial system. In light of persistent regulatory ambiguity, the research seeks to understand how legal uncertainty shapes the use and recognition of Bitcoin as a transactional asset. Employing a qualitative socio-legal approach, the study integrates doctrinal legal analysis with empirical findings obtained from in-depth interviews with cryptocurrency users, legal scholars, and financial regulators. The findings reveal that Bitcoin ownership in Indonesia lacks formal legal recognition, as there is no existing state-sanctioned registration system or institutional mechanism to validate cryptographic ownership. Instead, the private key remains the only accepted evidence of control and possession, creating a decentralized system of ownership that operates independently from conventional legal doctrines. Despite regulatory restrictions, Bitcoin continues to be used in informal peer-to-peer transactions, primarily driven by user preferences for privacy, decentralization, and efficiency. This disconnect between legal structures and technological realities generates vulnerabilities for users, particularly in cases involving fraud, inheritance, taxation, or contractual disputes, where no formal recourse exists. The research concludes that Indonesia’s legal framework remains ill-equipped to handle the complexities of decentralized financial assets, posing challenges to legal enforceability and consumer protection. The study recommends the establishment of a voluntary, state-recognized digital asset registration system, along with capacity-building initiatives for regulators. These measures aim to enhance legal certainty, bridge institutional gaps, and support the integration of blockchain-based assets into Indonesia’s formal financial and legal ecosystem.
Social Transformation of Tompangan Marriage in Contemporary Madurese Society through Islamic Legal Sociology Perspective Ilham Maulana; Yunia Kartikasari
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.v4i1.1359

Abstract

Abstract: This research aims to analyze the social transformation of the tompangan marriage tradition in the contemporary society of Bragung Village through the lens of Islamic legal sociology. The study explores how this unique marital practice—where monetary value is converted into goods as part of the marriage agreement—has evolved in response to changing socio-cultural and religious dynamics. Employing a qualitative field research method with a sociological approach to Islamic law, data were collected through in-depth interviews with community leaders, religious figures, and married couples, as well as through direct observation and documentation of local practices. The findings reveal that the traditional practice of tompangan, which was once a symbol of communal prestige and obligation, has experienced significant shifts in meaning and implementation. Economic modernization, individualistic values, and increasing awareness of Islamic legal norms have contributed to the transformation of tompangan from a collective social expectation into a more personalized, negotiable aspect of marriage. It has also led to debates around its compatibility with Islamic legal principles, especially concerning fairness and avoidance of burdensome dowries. The study concludes that the practice of tompangan in Bragung Village demonstrates the fluidity of customary law when interacting with Islamic jurisprudence, showing that Islamic legal norms are not static but responsive to social change. The academic contribution of this research lies in its demonstration of how Islamic legal sociology offers a robust analytical framework for understanding the interplay between tradition, religion, and social transformation in marriage practices in Muslim-majority societies.
Digital Behaviorism among Muslim Communities on Social Media from the Perspective of Islamic Law Firdaus Arifin; Deni Fadly; Habibul Akhiar; Damarkunsi Majasius; Sri Rahmadhani
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.v4i1.1360

Abstract

This study aims to analyze the transformation of Islamic law in response to the growing influence of digital behaviorism within modern Muslim communities, particularly through behavioral patterns observed on social media platforms such as Facebook and X (formerly Twitter). Digital behaviorism, rooted in classical behaviorist theories of Watson and Skinner, interprets human actions as stimulus-response mechanisms. In the digital era, this concept has evolved into data-driven models powered by algorithms that track, predict, and influence user behavior. Using a qualitative approach enhanced by big data analysis, this research collects and examines digital user interactions through sentiment analysis, metadata tracking, and keyword mapping related to religious expressions, ethical judgments, and social engagement. The findings show that digital behaviorism reduces human conduct to observable patterns and external stimuli, excluding key Islamic legal concepts such as niyyah (intention), ikhtiyar (free will), and taklif (moral responsibility). This creates a fundamental epistemological conflict with Islamic law, which views human beings as spiritual and moral agents accountable to divine guidance. The study concludes that while digital behaviorism provides useful insights for understanding contemporary social behavior, it cannot be used as a foundational framework for Islamic legal reasoning. Instead, it should serve as a supplementary analytical tool that supports a broader, value-based legal framework rooted in the objectives of Islamic law (maqasid al-shariah). The academic contribution of this research lies in its proposal for an integrative model that bridges modern behavioral science and Islamic jurisprudence, offering a responsive and ethically grounded legal approach in the digital age.

Page 12 of 16 | Total Record : 158

 10   11   12   13   14 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue Vol. 5 No. 1 (2026): January-June 2026 Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): July-December 2025 Vol. 4 No. 1 (2025): January-June 2025 Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): July-December 2024 Vol. 3 No. 1 (2024): January-June 2024 Vol. 3 No. 2 (2024): HAKAMAIN: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): HAKAMAIN: Journal of Sharia and Law Studies Vol. 2 No. 2 (2023): July-December 2023 Vol. 2 No. 1 (2023): January-June 2023 Vol. 2 No. 2 (2023): HAKAMAIN: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): HAKAMAIN: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): July-December 2022 Vol. 1 No. 1 (2022): January-June 2022 Vol. 1 No. 2 (2022): HAKAMAIN: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): HAKAMAIN: Journal of Sharia and Law Studies More Issue