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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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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): 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.
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): 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): 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): 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.
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): 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.
Legal Analysis of the Impact of Nusantara Capital Development on Environmental Damage Jampa, Wilibaldus; Ramadhan Fitri, Donna
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): December 2024
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 Afifah, Sarah; Arwani, M. Khairul; Fajar, Fahrul; Alwi, Muhammad
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): December 2024
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 Abdulsiddik, Yusep; Roza Elsera, Utari; Husni, Alfi
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): December 2024
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 Parut, Wensislaus; Sari, Respita; Zaenab Djahamao, Nurangdini
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): December 2024
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 Aulia, Ulfita; Daipon, Dahyul
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 2 (2024): December 2024
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.

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