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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 61 Documents
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Transformation of Digital Masculinity and Its Implications for Women's Rights in Divorce under Islamic Law Ali Albara, Bahari; Bakhrul Ilmi, Muhammad
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
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.
Legal Implications of Constitutional Court Decision 168/PUU-XXI/2023 on Employment Termination within Islamic Political Jurisprudence Tabita, Kanaya; Khalid, Khalid; Mora Matondang, Maulidya
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1368

Abstract

This research examines the legal implications of Constitutional Court Decision No. 168/PUU-XXI/2023 on employment termination, analysed through the framework of Islamic political jurisprudence (siyasah dusturiyyah). The primary objective is to explore how the decision aligns with constitutional protections for workers while reflecting core Islamic governance principles. Using a qualitative normative-juridical approach, the study combines statutory interpretation, doctrinal analysis, and a comparative review of classical and contemporary Islamic legal thought. Data sources include Constitutional Court documents, national labour legislation, and scholarly works on Islamic political law. The findings reveal that the decision reinforces due process in employment termination, curtails arbitrary dismissals, and upholds constitutional guarantees of justice and equality. From the perspective of siyasah dusturiyyah, these outcomes correspond to foundational principles such as justice (al-‘adl), public interest (maslahah), and the prevention of harm (dar’ al-mafasid), thereby harmonising state authority with moral and religious imperatives. The study concludes that the Court’s reasoning, although grounded in constitutional law, implicitly supports Islamic political values that emphasise balanced protection for both employers and employees while safeguarding human dignity in the workplace. The academic contribution lies in offering a conceptual model for integrating constitutional adjudication with Islamic political jurisprudence in labour law reform. This integration provides a theoretical basis for policymakers and legal practitioners to develop regulatory frameworks that are both constitutionally compliant and consistent with Islamic governance ethics, thus advancing the discourse on the convergence of national and religious legal systems in the protection of workers’ rights.
Islamic Political-Legal Analysis of the Misuse of Night Entertainment Licensing in Medan City Farhan Akbar, Muhammad; Khalid, Khalid
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1370

Abstract

This study provides an Islamic political-legal analysis of the misuse of night entertainment licensing in Medan City, with a focus on the failure of regulatory enforcement under Mayor Regulation Number 3 of 2017. Although authority has been delegated to the Investment and One-Stop Integrated Services Office (DPMPTSP), the proliferation of unlicensed venues and ineffective oversight reveal systemic weaknesses in governance. Using an Empirical Legal Studies (ELS) approach, the research integrates statutory analysis, a living case study, and Islamic constitutional theory (Siyasah Dusturiyyah) to examine the intersection between legality and moral responsibility. The findings demonstrate that administrative complexity, poor inter-agency coordination, and intentional regulatory evasion have contributed to widespread non-compliance. From the perspective of Islamic governance, such violations constitute tamarrud (rebellion) against legitimate authority and a failure to uphold the principles of al-‘adalah (justice) and maslahah (public welfare). Drawing on the works of Al-Mawardi, the study argues that the state possesses both legal and religious legitimacy to enforce public regulations in the interest of community welfare. This research contributes to the broader discourse on Islamic public law by offering a normative framework for integrating religious ethics into modern regulatory systems. It recommends the development of digital licensing mechanisms, strengthened oversight, ethical governance, and engagement with religious institutions to ensure policy compliance. Ultimately, the study affirms that effective regulation in Muslim-majority societies must harmonize state law with Islamic values to safeguard justice, legitimacy, and social stability.
Transforming Matrilineal Traditions: The Role of Ulama in Reforming Minangkabau Customary Inheritance Law Inita Zahra, Nabila; Miswardi, Miswardi; Fitri Gunawan, Nabila; Doni, M.; Yusuf Iskandar, M.
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1373

Abstract

This article investigates the evolving role of ulama as pivotal agents in the reform of inheritance norms within Minangkabau society, particularly amid tensions between Islamic legal principles and matrilineal customary law (adat). Situated within the broader dynamics of legal pluralism and global cultural transformation, this study employs a qualitative ethnographic methodology, incorporating field observations, semi-structured interviews with religious leaders and adat authorities, and textual analysis of sermons, deliberative forums, and locally issued fatwas. The findings indicate that ulama do not operate in antagonism to tradition but strategically embed Islamic inheritance principles (faraid) within the local moral universe through culturally resonant methods—such as cultural preaching, participatory musyawarah, and the reinterpretation of foundational axioms like adat basandi syarak, syarak basandi Kitabullah. These efforts have produced a hybrid inheritance model that distinguishes between pusaka tinggi (ancestral property), retained under matrilineal logic, and pusaka rendah (acquired assets), increasingly subject to faraid distribution. The study reveals that ulama, by leveraging their dual authority as religious scholars and cultural insiders, facilitate normative convergence between syariah and customary law, generating legal syncretism that is both context-sensitive and ethically grounded. This convergence is particularly visible in urban and diasporic communities, where exposure to global Islamic discourses and structural changes in kinship systems have intensified the demand for codified and equitable inheritance practices. Conclusively, the research underscores the capacity of local religious actors to drive legal transformation from within, offering an empirical contribution to scholarly debates on Islamic legal anthropology, indigenous legal change, and the adaptive resilience of customary systems in plural societies.
The Existence of Customary Criminal Justice in Resolving Moral Offenses in Mentawai Azizah, Hidayatul; Helfi, Helfi; Hamdani, Hamdani; Khoirunnisa, Larasati; Sahrizal, Sahrizal
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1452

Abstract

This study investigates the existence and practice of customary criminal justice in resolving moral offenses within the Mentawai community. Using a field research design with a qualitative approach, primary data were collected through direct observation, in-depth interviews with customary leaders (sikerei), village elders, and community members, as well as focus group discussions conducted in several Mentawai villages. Secondary data were also gathered from local records, case documentation, and previous studies to provide supporting evidence. The findings indicate that the Mentawai customary justice system remains actively practiced and widely trusted by the community, particularly in cases involving sexual harassment, adultery, and premarital relations. Sanctions applied through tulou emphasize reconciliation, compensation, and restoration of social harmony rather than strict punishment. Observations show that these customary mechanisms are perceived as more accessible, effective, and socially relevant compared to the formal criminal justice system, which is often viewed as distant and bureaucratic. The research also highlights the processes, interactions, and roles of community members, demonstrating how customary justice functions as a practical, community-based mechanism for resolving moral disputes. Field evidence reveals the enforcement procedures, decision-making practices, and participation of key actors in the customary process. The study contributes empirically by documenting the ongoing use and social acceptance of indigenous legal practices in Mentawai. Its findings provide valuable insights into how customary criminal justice operates in everyday life, offering data-driven perspectives for understanding the functioning, resilience, and social legitimacy of local legal institutions.
Ta’zir Punishment for Adultery in Indonesian and Malaysian Law from a Maqashid Sharia Perspective Demiral, Ferik; Daipon, Dahyul; Usqho, Mutia Urdatul
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
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.
Women’s Reproductive Rights in the Stunting Prevention Policy by the Government of Indonesia Ramelan, Rafida; Rochmiyatun, Siti; Armasito, Armasito
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
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.
Childfree Lifestyle Among Indonesian Millennials in the Perspective Maqashid Sharia Ainun Nuzul, Dinda Amanda; Qolbi, Satria Kharimul; Nugraha, Muhamad Arif; Mawargi, Ega; Fahmiddin, Umair
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
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.
Violation of Airspace Transit Rights by U.S. Military Aircraft in Indonesia's Archipelagic Sea Lanes Fajar P, Khairuddin Alwi; Suhaidi, Suhaidi; Sutiarnoto, Sutiarnoto
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): January-June 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1381

Abstract

This study aims to examine the legal conformity of United States military aircraft operations within Indonesia’s Archipelagic Sea Lanes (ALKI) under the regime of archipelagic sea lanes passage as established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS), and to determine the juridical criteria for identifying violations of airspace transit rights in this context. The research employs a normative juridical method based on statutory, conceptual, and case approaches, analyzing relevant UNCLOS provisions, Indonesia’s domestic regulations, doctrinal interpretations, and documented state practices related to military overflight. The findings indicate that while UNCLOS guarantees the right of continuous and expeditious overflight through designated archipelagic sea lanes, such rights are not absolute and must be exercised in normal mode, in good faith, and with due regard to the security interests of the archipelagic state. Ambiguities surrounding the interpretation of “normal mode” for military aircraft and the absence of detailed operational parameters create legal grey areas that may lead to differing perceptions between user states and Indonesia regarding alleged violations. The study concludes that clearer interpretative standards and cooperative mechanisms are necessary to prevent legal uncertainty and diplomatic friction. Academically, this research contributes to the development of international maritime and air law scholarship by bridging doctrinal analysis of UNCLOS with contemporary Indo-Pacific security practices, and by proposing a balanced legal framework that reconciles international navigation freedoms with the sovereign rights of archipelagic states.
Substantive Legal Analysis of Judicial Decisions in Breach of Contract Disputes: A Case Study of the Surabaya High Court Firmansyah, Aldi; Fata, Ikmal; Rosidah, Aimmatur; Oktari Matahari, Ladisa
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): July-December 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1454

Abstract

This study aims to analyse the legal considerations of judges in cases of breach of cooperation agreements, particularly in relation to the dominance of the principle of legal certainty over the principles of justice and benefit. The focus of the study is to determine the extent to which judges' decisions reflect a balance between normative aspects and substantive justice. The method used is a normative legal approach by examining laws, regulations, doctrines, and court decisions related to the object of research. Data sources were obtained through literature studies using books, laws, papers, journals, and other secondary sources. The results of the study indicate that the judge's decision in case No. 521/Pdt.G/2021/PN.Sby emphasised legal certainty through procedural and formal analysis, so that the aspects of justice and utility were not the main considerations. The judge tended to ignore substantive justice and dismissed the lawsuit as premature, so that the plaintiff did not obtain their rights. These findings indicate limitations in the application of the principles of justice and utility when judges are bound by textual requirements. This research contributes to strengthening the discourse on the importance of balancing legal certainty, justice, and utility in civil law enforcement. The originality of this research lies in its in-depth analysis of judges' legal argumentation practices in default cases using a substantive law approach.

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