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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 57 Documents
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Kantika Ngara Practice: Marriage Validity under Islamic and Positive Law in Ambalawi Regency Local Wisdom Hidayatullah, Syarif; Zia Ulhaq, Muhammad; Fitriani
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.v4i2.1461

Abstract

This study examines the practice of Kantika Ngara in Ambalawi Subdistrict, Bima Regency, a local pre-marital tradition involving the symbolic adjustment of the bride’s and groom’s names, which is believed to bring harmony, prosperity, and blessings to married life. The purpose of this research is to describe the implementation of Kantika Ngara, analyze it from the perspectives of Islamic law and positive law, and assess the harmony between religious norms, state regulations, and local wisdom. This study employs a qualitative approach using normative and empirical methods. Data were collected through observation, in-depth interviews, and documentation, and analyzed using NVivo to identify key themes. The findings show that Kantika Ngara is practiced through symbolic methods such as counting name letters, interpreting names, observing palm lines, and measuring finger length as indicators of fortune. From the perspective of Islamic law, this tradition does not invalidate the marriage contract because the name adjustment is symbolic and does not affect legal identity. From the perspective of positive law, the practice does not cause administrative or legal problems since official identities remain unchanged. This study demonstrates that Kantika Ngara represents local wisdom that harmonizes religious values, state law, and community culture, contributing to discussions on legal pluralism and cultural accommodation
Consumer Protection on pertamina Fuel Quality in the Pertamax-Pertalite Adulteration case: Wahbah Az-Zuhaili's Perspective Aninda, Cicih; Lubis, Fauziah
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.v4i1.1511

Abstract

This study examines consumer protection concerning the quality of Pertamina’s fuel in the case of Pertamax adulterated with Pertalite, analyzed through the perspective of Wahbah Az-Zuhaili. The background of this research stems from the increasing allegations of fuel adulteration by individuals within PT Pertamina Patra Niaga and its subsidiaries, which have caused significant losses to both society and the state. The study aims to analyze the forms of consumer protection law violations in this case and to review the legal solutions from both positive law and Islamic law perspectives. This research employs a normative legal method with a qualitative approach, utilizing primary legal materials such as Law No. 8 of 1999 on Consumer Protection, alongside secondary materials including legal literature and academic journals. The findings indicate that the practice of mixing Pertamax and Pertalite violates Articles 7 and 8 of the Consumer Protection Law (UUPK) as it involves trading goods inconsistent with their labeling and quality standards. From the Islamic perspective, such an act constitutes tadlīs fī al-jawdah (deception in product quality), which is strictly prohibited, as emphasized by Wahbah Az-Zuhaili in al-Fiqh al-Islāmī wa Adillatuhu. The state holds both legal and moral responsibilities as waliy al-amr to uphold justice through effective supervision (hisbah) and firm law enforcement. In conclusion, the practice of fuel adulteration represents a violation of both national and Sharia law. Therefore, reform in energy distribution governance, transparency in monitoring, and consumer education are essential to prevent similar fraudulent acts in the future
The Judge's Consideration of the Phrase Urgent Reasons in Marriage Dispensation Cases : A Legal Realism Perspective Ahmad, Ilma Maulana; Alvin Saputra, Muhammad; Habibah, Zahrotul
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.v4i2.1522

Abstract

This study examines the increasing number of marriage dispensation cases following the amendment of the minimum marriage age through Law No. 16 of 2019, which reveals a gap between regulatory objectives and social realities. The purpose of this research is to analyze judicial interpretations of the phrase “very urgent reasons” and to identify the social and moral considerations influencing judges’ decisions in marriage dispensation cases. This study employs a qualitative method using a juridical-normative approach, conducted as library-based research. Legal materials were collected from legislation, court decisions, academic literature, and relevant legal documents, and were analyzed descriptively and analytically. The findings indicate that judges possess broad discretionary authority in interpreting “very urgent reasons,” resulting in inconsistent applications due to the absence of clear normative parameters. Judicial reasoning is not limited to formal legal provisions but is strongly influenced by social conditions and moral considerations, particularly the aim of preventing greater harm to the parties involved. This demonstrates that legal practice in religious courts operates as a living law shaped by societal realities. The implications of this research highlight the need for clearer regulatory guidelines to ensure uniform judicial considerations that prioritize child protection and the prevention of early marriage. The contribution of this study lies in offering an analytical framework that explains judicial discretion in marriage dispensation cases. The originality of this research is found in applying an interpretive perspective to reveal the dynamics of legal reasoning within religious courts
Jurisprudential Implications for the Right of Mut'ah in Divorce at the Wife's Initiative Habibah, Zahrotul; Ali , M. Su'udi; Maulana Ahmad , Ilma
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.v4i2.1529

Abstract

This research aims to examine the role of jurisprudence in fulfilling the right to mut’ah in divorce cases initiated by the wife, particularly in the context of family law reform. The issue is significant because the obligation to provide mut’ah has traditionally been subjectively limited to divorces initiated by the husband, creating normative constraints for wives who file for divorce. This study employs a juridical-normative research design, using legislative and case approaches to analyze court decisions and legal norms governing mut’ah. The findings demonstrate that jurisprudence plays a strategic role as a legal precedent, a mechanism for filling normative gaps, and a driver of progressive interpretation in family law. The analysis reveals that mut’ah rights may still be granted in wife-initiated divorces when the wife is proven not to be in a state of nusyuz. Furthermore, the study identifies two practical strategies used by wives to obtain mut’ah before the Religious Court, namely by explicitly claiming it in the petitum and through mutual agreement achieved in mediation proceedings. The research contributes to strengthening normative access to mut’ah rights and provides
Intellectual Property Rights Violations in Illegal Cigarettes in Indonesia from an Interlegality Perspective Lutfiadi, Lutfiadi; Wardani , Win Yuli; Camelia, Noer Dini; Aprilia , Gabriel; Iskandar, Toillah
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.v4i2.1534

Abstract

This study analyzes the philosophical, theoretical, constitutional, and international foundations underlying the inappropriateness of granting legal protection to trademarks attached to illegal products, particularly non-excise (illicit) cigarettes. From the perspectives of natural law, positivism, utilitarianism, and social-function theory, intellectual property rights (IPR) are recognized as legitimate rights but are always constrained by morality, public order, and social interests. Constitutional analysis shows that although the 1945 Constitution acknowledges IPR, Article 28J affirms limitations based on public interest and public order, rendering trademarks on illegal products ineligible for protection.National positive law, through the Trademark Law and the Excise Law, explicitly precludes the possibility of granting trademark protection to products that violate the law. Within the philosophical framework of Pancasila, protecting trademarks for illegal cigarettes contradicts the values of morality, humanity, national interest, democracy, and social justice. Meanwhile, international law—through TRIPS, the Paris Convention, and global health regimes such as the FCTC—provides explicit grounds for states to exclude IPR protection on the basis of morality, public order, and the protection of public health. Using a normative legal research method, this study concludes that trademark protection for illegal cigarettes cannot be justified conceptually or normatively. IPR is not absolute; it embodies a social function, and the state has an obligation to reject or revoke protection for trademarks that support unlawful practices in order to realize social justice and uphold the integrity of the national legal system.
Legal Protection of Abandoned Land in Indonesia from the Perspective of Maqasid al-Shari'ah Prajuliara, Dodek; Tarigan, Tetty Marlina
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

Abstract

The issue of abandoned land in Indonesia represents a persistent legal and socio-economic challenge, particularly in relation to land governance, agrarian justice, and sustainable development. Despite the existence of statutory regulations aimed at controlling and redistributing abandoned land, their implementation often fails to achieve substantive justice and social welfare objectives. This study examines the legal protection of abandoned land in Indonesia through the perspective of Maqasid al-Shariʿah, emphasizing its relevance as a normative-ethical framework for evaluating contemporary land law policies. The research seeks to address the gap between positive land law enforcement and the realization of public benefit (maslahah) in the management of abandoned land. This study employs a normative juridical method with a conceptual and statutory approach. Primary legal materials include Indonesian agrarian laws and regulations concerning abandoned land, while secondary materials consist of classical and contemporary Islamic legal scholarship on Maqasid al-Shariʿah. Data are analyzed qualitatively using deductive reasoning to assess the alignment between existing legal mechanisms and the core objectives of Islamic law. The findings indicate that current legal protections tend to prioritize procedural compliance and administrative sanctions, often neglecting broader social functions of land, such as equitable distribution, environmental sustainability, and economic empowerment. From the perspective of Maqasid al-Shariʿah, particularly the protection of wealth (hifz al-mal), life (hifz al-nafs), and public interest (maslahah ‘ammah), abandoned land should be managed as a strategic resource to enhance social justice and collective welfare. This study contributes to the discourse on Islamic legal theory and land law by proposing an integrative framework that harmonizes national land regulations with Maqasid-based principles, offering normative guidance for more just and sustainable land governance in Indonesia.
Consumer Protection Against Fraudulent Practices by Online Motorcycle Taxi Drivers in Medan City Fadillah Lubis, Vira Nur; Zahara, Fatimah
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

Abstract

The rapid growth of online motorcycle taxi services in Indonesia has significantly transformed urban transportation systems, including in Medan City. Alongside these developments, various fraudulent practices committed by online motorcycle taxi drivers have emerged, such as fare manipulation, fictitious orders, service cancellations after payment, and deviations from agreed routes, which potentially harm consumers. This study examines consumer protection against fraudulent practices by online motorcycle taxi drivers in Medan City, focusing on the adequacy and effectiveness of existing legal frameworks. This research employs a normative juridical method supported by a socio-legal approach. Primary legal materials include Law Number 8 of 1999 on Consumer Protection, transportation regulations, and platform-based service policies, while secondary materials consist of scholarly articles and legal commentaries related to consumer rights in digital transportation services. Qualitative analysis is conducted to assess the extent to which current regulations provide legal certainty, justice, and protection for consumers. The findings reveal that although Indonesian consumer protection laws formally guarantee consumers’ rights to safety, accurate information, and fair treatment, their implementation in online motorcycle taxi services remains suboptimal. Weak supervision, limited consumer awareness, and ambiguity in the responsibility-sharing between drivers and platform providers contribute to ineffective legal protection. From a consumer law perspective, fraudulent practices undermine trust in digital transportation services and contradict the principles of fairness and accountability. This study contributes to legal scholarship by highlighting regulatory gaps and enforcement challenges in protecting consumers within platform-based transportation services. It recommends strengthening regulatory oversight, enhancing platform accountability, and improving consumer education to ensure effective legal protection and sustainable development of online transportation services in Medan City.

Page 6 of 6 | Total Record : 57

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