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Firdaus Annas
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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 47 Documents
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Analisis Hukum Pidana Islam Dan Hukum Positif Terhadap Penganiayaan Yang Dilakukan Oleh Orang Abnormal Di Nagari Panyakalan Kecamatan Kubung Kabupaten Solok Febrian, Redo
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (2022): December 2022
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i2.240

Abstract

The background of this research is because in the midst of society there are often cases of abuse committed by abnormal people. One of them is the case that occurred in Nagari Panyakalan, Kubung District. This study aims to find out how the of of abuse perpetrated by abnormal people in Nagari Panyakalan, as well as the views of Islamic law and positive law on the settlement of cases of abuse perpetrated by these abnormal people. This research uses field research so that the main source of data is primary data, namely the results of interviews conducted with the community related to this research. Based on the results of the research, it can be that the of of abuse committed by abnormal people in Nagari Panyakalan was taken through an agreement by making peace, efforts to make peace were carried out through meetings attended by each heir's mamak head from both parties. In Islamic law, the sanction for persecution is qishash, if the victim's family pardons it, it is replaced with diyat. This applies to the perpetrators who are legally capable, if the perpetrators are not legally competent or abnormal then this sanction cannot be carried out. Whereas in positive law, perpetrators of criminal acts who experience mental disorders have been regulated in Article 44 paragraph (1) of the Criminal Code, that is, anyone who commits an act for which he cannot be held liable because his soul is disabled in development or disturbed due to illness, is not punished.
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): 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): 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): 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.
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): 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.
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): 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.
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): 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): 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.
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): 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.
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): 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.

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