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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 61 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. 2 (2025): July-December 2025
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1511

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 After the Enactment of Government Regulation Number 20 of 2021 Concerning the Management of Abandoned Areas and Land From the Perspective of Maqashid Syariah 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 | DOI: 10.57255/hakamain.v4i2.1680

Abstract

Land has a strategic role in national development, both from economic, social, and cultural aspects. However, there are still many lands in Indonesia that have abandoned status because they are not used in accordance with the purpose of granting their rights. This condition raises legal and social problems, especially related to the certainty of rights, the social function of land, and the distribution of prosperity. The birth of Government Regulation Number 20 of 2021 concerning the Management of Abandoned Areas and Land is an important legal instrument to regulate land tenure in line with the principles of social justice and welfare as stipulated in the 1945 Constitution and the Basic Agrarian Law (UUPA). This study aims to analyze the legal protection of abandoned land after the enactment of Government Regulation No. 20 of 2021 and review it from the perspective  of Maqashid Syariah. The research method used is normative juridical with a statutory approach and a conceptual approach, through the analysis of laws and regulations, legal literature, and secondary data related to abandoned land. The results of the study show that legal protection of abandoned land can be carried out through preventive and repressive mechanisms, both through regulation, socialization, and legal dispute resolution. From the side of Maqashid Sharia, the policy of controlling abandoned land is in line with the principles  of ḥifẓ al-mal (protection of property) and ḥifẓ al-nasl (protection of descendants), because it ensures that land is used for the benefit of the community and is inherited fairly to the next generation. Thus, this regulation not only strengthens legal certainty, but also accommodates the value of social justice and the benefit of the people.
Consumer Protection Against the Practice of Ojol Drivers Who Do Not Confirm Different Vehicle Plates to Customers in Medan City Wahbah Az-Zuhaili's Perspective 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 | DOI: 10.57255/hakamain.v4i2.1681

Abstract

The rapid growth of online motorcycle taxi services in Indonesia has significantly transformed urban transportation systems, including in Medan City. Alongside this development, various fraudulent practices 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 the existing legal framework. This research employs a normative juridical method supported by a socio-legal and empirical field research 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 on consumer protection in digital transportation services. Field research was conducted through interviews with consumers, online motorcycle taxi drivers, and local transportation officials in Medan City, as well as analysis of reported consumer complaints. The findings indicate that although Indonesian consumer protection law formally guarantees consumers’ rights to safety, accurate information, and fair treatment, its implementation in online motorcycle taxi services remains inadequate. Weak regulatory supervision, limited consumer awareness, and unclear responsibility-sharing between drivers and platform providers contribute to ineffective legal protection. This study contributes to legal scholarship by identifying regulatory gaps and enforcement challenges in platform-based transportation services and recommends strengthening regulatory oversight, enhancing platform accountability, and improving consumer education to ensure effective consumer protection and sustainable development of online transportation services in Medan City.
Restorative Justice in Rantau Prapat District Court for Oil Palm Theft Cases Prayetno, Dwi; Tahir, Ach.; Siregar, Andalan
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.v4i2.1472

Abstract

This study examines the implementation of restorative justice in resolving oil palm theft cases at the Rantau Prapat District Court, Indonesia. The research is grounded in the increasing application of restorative approaches within Indonesia’s criminal justice system, particularly following regulatory reforms encouraging diversion and mediation in minor property crimes. Employing a normative-empirical method, this study combines statutory analysis with field data derived from court decisions, interviews with legal practitioners, and relevant secondary literature. The objective is to evaluate how restorative justice principles—such as victim-offender dialogue, restitution, community involvement, and proportional accountability—are applied in practice and to assess their effectiveness in achieving substantive justice. The findings reveal that restorative justice mechanisms in oil palm theft cases prioritize compensation, reconciliation, and social harmony over punitive imprisonment. In several cases, settlement agreements facilitated by judges and prosecutors resulted in restitution payments and formal apologies, leading to case dismissal or reduced sentencing. This approach has contributed to reducing case backlogs and prison overcrowding while promoting community-based conflict resolution. However, challenges remain, including inconsistencies in procedural standards, limited institutional guidelines, and disparities in judicial discretion. Additionally, concerns arise regarding power imbalances between plantation companies and economically vulnerable defendants. The study concludes that restorative justice at the Rantau Prapat District Court reflects a progressive shift toward a more humanistic and efficient criminal justice model. Strengthening regulatory clarity, institutional capacity, and safeguards for vulnerable parties is essential to ensure fairness, transparency, and sustainability in the application of restorative justice for property-related offenses in Indonesia.
Normative Analysis of Article 14 of Permendagri Number 72 of 2022 in its Implementation in Bandung Regency Rachman, Sultan Aulya; Asro, Muhammad; Saptaji, Aji
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.v4i2.1664

Abstract

This research analyzes the effectiveness of the implementation of Digital Population Identity (Identitas Kependudukan Digital/IKD) based on Article 14 of the Regulation of the Minister of Home Affairs No. 72 of 2022 in Bandung Regency from the perspective of Siyasah Dusturiyah. The research employs an empirical juridical method by collecting interview data, IKD activation data, relevant legal sources, as well as related literature and academic journals. The collected data are analyzed descriptively. The findings indicate that the implementation of IKD has achieved internal effectiveness, particularly in accelerating population administration services and ensuring data security through proactive service strategies. However, the implementation faces critical external challenges, namely the rejection of IKD by third parties such as banks and financial institutions, as well as infrastructure limitations, including the requirement for personal devices and inadequate network connectivity. From the perspective of Siyasah Dusturiyah, the IKD policy aligns with the principle of public welfare (maslahah) through efficiency and data protection; nevertheless, these external constraints threaten the fulfillment of daruriyah, hajiyah, and tahsiniyah aspects in the equitable delivery of public services
Reconstruction of the Function of Takhsis in Ushul Fiqh in Contemporary Muslim Society Ahmad, Upi Sopiah; Syahnan, Mhd.; Khoiri, Nisful; Tanjung, Dhiauddin
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.v4i2.1672

Abstract

This study aims to reconstruct the function of takhsis in ushul fiqh within contemporary Muslim society by critically examining its conceptual role and practical application in modern Islamic legal reasoning. The research employs a qualitative normative methodology through textual and analytical approaches, focusing on classical ushul fiqh literature, contemporary scholarly works, and selected fatwa and legal discourses that reflect current socio-legal realities. Data are analyzed by comparing classical formulations of takhsis with contemporary interpretations to identify patterns of continuity, shift, and methodological tension. The findings indicate that the function of takhsis in contemporary practice tends to be applied in a limited and formalistic manner, often emphasizing textual restriction while neglecting broader contextual, social, and purposive considerations. This condition results in interpretive rigidity and difficulties in responding effectively to social change, legal pluralism, and new legal problems faced by Muslim societies today. The study finds that takhsis requires functional reconstruction by repositioning it not merely as a textual limiting tool, but as a dynamic methodological instrument that operates in harmony with contextual analysis and the objectives of Islamic law. The study concludes that such reconstruction is essential to maintain the relevance and adaptability of ushul fiqh in contemporary contexts. Academically, this research contributes to the development of ushul fiqh studies by offering a systematic reinterpretation of takhsis that bridges classical legal theory and contemporary legal challenges, and by enriching ongoing discussions on Islamic legal methodology, reform, and contextual interpretation.

Page 6 of 7 | Total Record : 61

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