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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 158 Documents
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Normative Analysis of Article 14 of Permendagri Number 72 of 2022 in its Implementation in Bandung Regency Sultan Aulya Rachman; Muhammad Asro; Aji Saptaji
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
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
Multisectoral Strategies of West Java Government Protecting Women from Contract Marriage Sexual Violence Human Rights Dadang Syaripudin; Encang Saefudin
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article analyzes trends in sexual violence against women in Indonesia and West Java during 2020–2021, using structural and radical feminist theories from figures such as Sylvia Walby, Andrea Dworkin, bell hooks, Nancy Fraser, and Pierre Bourdieu. Data shows a significant increase in cases of sexual violence, including rape and harassment, dominated by perpetrators from the victim's immediate environment and exacerbated by the COVID-19 pandemic. The rape case in Cimahi is a concrete illustration of the failure of traditional protection systems for women. This research highlights the need for a multisectoral strategy and a collaborative governance model to address tradition-based violence that harms women. The West Java Provincial Government has begun implementing collaborative measures by involving service institutions, law enforcement officials, and civil society in providing protection and recovery for victims. This article recommends strengthening inclusive and gender-justice-based governance as key to preventing violence against women.
Legal Protection of Abandoned Land in Indonesia from the Perspective of Maqasid al-Shari'ah Dodek Prajuliara; Tetty Marlina Tarigan
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
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 from economic, social, and welfare perspectives. However, many lands in Indonesia remain categorized as abandoned because they are not utilized according to the purpose of granting land rights, which creates legal uncertainty and undermines the social function of land. This study aims to analyze the legal protection of abandoned land after the enactment of Government Regulation Number 20 of 2021 concerning the Management of Abandoned Areas and Land and to examine it from the perspective of Maqasid al-Shariah. The research employs a qualitative field research approach conducted in several locations where abandoned land cases have been identified. Data were collected between May and July 2025 through semi-structured interviews, direct observation, and document analysis involving 15 informants consisting of land office officials, village authorities, Islamic law scholars, and community members. The findings indicate that the legal protection of abandoned land can be implemented through preventive and repressive mechanisms, including regulatory supervision, monitoring of land utilization, and dispute resolution processes. From the perspective of Maqasid al-Shariah, the policy of controlling abandoned land aligns with the principles of hifz al-mal (protection of property) and maslahah (public welfare), as it encourages productive land use and equitable resource distribution. This study concludes that the implementation of Government Regulation No. 20 of 2021 strengthens legal certainty and supports social justice in land governance. Academically, this research contributes to integrating agrarian law analysis with the normative framework of Maqasid al-Shariah in evaluating land management policies in Indonesia.
A Philosophical Review Of Islamic Law of the Dynamics and Relevance of Idah for Career Women Khotibul Umami; Zahrotul Habibah; Deny Marita Wijayanti; Rizky Ardiyanto
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1686

Abstract

This paper examines the dynamics of Islamic law following the rise of the gender equality movement, such as women’s participation in the public sphere, and the dynamics of the sophisticated medical technology that impact the substance of idah. This paper aims to examine the relevance of idah and its implementation mechanism for career woman. This article was compiled using qualitative methods with an Islamic legal philosophy approach. Primary data sources were drawn from Islamic legal sources. Secondary data were obtained from accredited journal literature. The results indicate that the philosophical meaning of idah is divided into three aspects: ontological, epistemological, and axiological. From these three aspects, it was found that idah remains relevant for career woman because the ontological waiting period has implications for psychological recovery. Thus epistemologically, the obligation of idah aims to protect biological and sociological aspects. Therefore, idah, axiologically, means the command to maintain biological values, protect the psyche, and maintain sociological relationships. The findings in this paper explain that the implementation of idah for career women cannot shift the fundamental meaning but can adapt iyts instrumental value based on urgency.
Between Minangkabau Customary and Islamic Law: Adoption of Children Born Out of Wedlock Esiesti Ega Wahyuni; Beni Firdaus
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1792

Abstract

This study aims to examine the adoption of children born out of wedlock within the interaction between Minangkabau customary and Islamic law, focusing on legal protection, social acceptance, and the child’s best interests. It also evaluates the compatibility of adoption practices with the objectives of Maqasid Shariah. This research employs an empirical juridical approach using qualitative methods. Data were collected through interviews with customary leaders, religious scholars, adoptive families, and local officials in West Sumatra, supported by observations and document analysis of customary norms, legislation, and Islamic legal sources. The findings reveal that Minangkabau customary law generally accepts the adoption of children born out of wedlock as a means of providing care, family support, and social integration without changing biological lineage. Likewise, Islamic law permits adoption provided that nasab, inheritance rights, and legal identity remain unchanged. Although the legal consequences differ, both legal systems prioritize child welfare and social responsibility. Analysis based on Maqasid Shariah demonstrates that adoption promotes the protection of life, lineage, and property while strengthening family solidarity and social justice. The study concludes that adopting children born out of wedlock can serve as an effective child protection mechanism when implemented consistently with customary and Islamic legal principles. Academically, this research contributes an integrated socio-legal framework combining Minangkabau customary law and Maqasid Shariah, enriching discussions on legal pluralism, child adoption, and child protection while providing a valuable reference for future legal reform, judicial interpretation, and policymaking in Indonesia.
Interlegality of Matrimonial Property Law: Exploring the Dynamics of Property Distribution in West Sumatra Embrizal Embrizal; Fauzan Fauzan
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study explores the interlegality of matrimonial property law in West Sumatra by examining the interaction between Islamic law, Minangkabau customary law, and judicial practice in the distribution of matrimonial property, particularly buildings constructed on harta pusaka tinggi (matrilineal ancestral property). It aims to analyze judicial reasoning in resolving such disputes and assess whether judicial decisions reflect substantive justice within Indonesia’s plural legal system. This research employs a normative legal method using statutory, conceptual, case, and comparative approaches. Primary sources consist of Religious Court decisions on matrimonial property disputes, while secondary sources include legislation, Islamic legal doctrines, customary law principles, and relevant scholarly literature. The findings show that disputes involving harta pusaka tinggi demonstrate interlegality, where Islamic law, customary law, and state law interact in judicial decision-making. Courts distinguish communal ownership of customary inherited land from buildings acquired during marriage, recognizing the latter as matrimonial property while preserving the customary status of ancestral land. This approach balances legal certainty, customary values, and the rights of both spouses without undermining communal ownership. The study concludes that the dynamics of matrimonial property distribution in West Sumatra are shaped by interlegal processes that harmonize Islamic law, customary law, and judicial discretion to achieve substantive justice. Academically, this research contributes to Islamic family law by advancing interlegality as an analytical framework for resolving matrimonial property disputes in plural legal systems and providing a conceptual reference for future comparative legal studies and judicial practice.
Paradigma Dispensasi Perkawinan di Pengadilan Agama Muara Labuh Antara Maslahah dan Inkonsistensi Hukum M. Novval Adhari Novval; Hanif Aidhil Alwana Hanif; Rio Wanda Saputra Rio
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.31

Abstract

This paper illustrates the dispensation in the marriage law in Indonesia, because marriage is a complex Muslim act, containing elements of worship and muamalah which in practice will always experience influence according to the circumstances of the bridegroom and prospective bride. The existence of a marriage dispensation reaps the pros and cons among the Judges throughout the Religious Courts, it is evident in each of the Religious Courts in Indonesia that have absolute authority in examining and adjudicating cases resulting in diverse stipulations, both to grant, or reject the petition of the applicant. Specifically in this study it was found that the number of registered marriage dispensation cases had doubled from the previous year, in 2016 there were 3 cases while in 2017 there were 6 cases. The conclusion in this study is the presence of marital dispensation is a casuistic option for the person who have a desire to get married immediately; protect themselves from immorality, the emergence of life motivation in boosting the economy; low education, low religious understanding, promiscuity; unwed pregnant. Whereas in conducting legal considerations in this case, the Judge uses the concept of maslahah, and also avoids the applicant from continuing immorality.
Relevansi Demokrasi Hukum dalam Konteks Siyasah Syar’iyyah Sekarang dan Akan Datang di Indonesia Syaflin Syaflin
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.32

Abstract

Democracy is one interrested topic of discussions especially in relation to Islam. Many questions emerge associated with Islam and democracy such as: Does Islam has the concept of democracy? Does democracy compatible with Islam? What is the Muslim scholars response to the issue of democracy? This paper will investigates these questions using library research. This study discoveres that there are different opinions among Muslim scholars in relation to democracy: some said that democracy is compatible with the Islamic doctrine, another scholars stated otherwise, while the others stand between the two. Islamhas a term that resemble with the term democracy that is shurā, with different principles. In regard to the application of democracy in Indonesia, the majority of Muslim scholars in Indonesia accept positively to the concept of democracy and considered it to be compatible with the Islamic doctrine.
Faktor Meningkatnya Partisipasi Politik Masyarakat pada Pilkada Masa Covid-19 di Kabupaten Dharmasraya Perspektif Siyasah Syar’iyyah Cipta Samiri Putri Zari Putri; Achmadin Damanik Damanik
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.38

Abstract

This research is motivated by two things. First, the increase in community political participation in Dharmasraya Regency in the 2020 Pilkada compared to the previous year's Pilkada. Second, it is carried out in a Covid-19 emergency situation. This study aims to find out why the level of political participation of the people of Dharmasraya Regency in the 2020 Pilkada increased in the Covid-19 emergency situation and how according to the perspective of siyasah syar'iyyah on community political participation in Dharmasraya Regency. The type of research that the author uses in this research is field research conducted in Dharmasraya Regency, West Sumatra Province. Sources of primary data obtained through observations, interviews and documentation conducted on the relevant stakeholders. Based on the results of the study, it can be found that the factors that influence the political participation of the community in Dharmasraya Regency in the 2020 Pilkada are due to the driving factors, namely the awareness or political stimulant factor of the community, political situation or environmental factors, political education factors and trust factors in the government. According to the siyasah syar'iyyah perspective on community political participation in the Pilkada of Dharmasraya Regency, it is already practicing the commands of Allah SWT or in accordance with Islamic teachings that require humans to participate in the election of leaders for the benefit of the people which is mandatory.
Tinjauan Filosofis Hukum Islam Terhadap Tradisi Menggendong Ayam Bagi Mempelai Wanita Ketika Walimatul Al-Ursy di Nagari Sontang Cubadak Kecamatan Padang Gelugur Septi Irawani Septi; Adrayani Adra
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 1 (2022): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v1i1.39

Abstract

There is a custom in Nagari Sontang Cubadak trying to hold a chicken at the time of walimatul al-ursy for the bride, what is behind the tradition so that the chicken is made part of the custom in the process of walimatul al-ursy. Therefore, this research is focused on how the philosophical review of Islamic law on the tradition of carrying chickens for the bride when walimatul al-ursy in Nagari Sontang Cubadak. From the results of the research that the author did, the authors concluded that the tradition of manggendong chicken at the time of walimatul al-ursy for the bride in Nagari Sontang Cubadak in the philosophical review of Islamic law there are benefits or benefits, namely the existence of mental training as well as non-formal education for the maintenance of offspring. it is included in the maqashid shari'ah, namely hifz nasab (maintaining offspring), besides that there is anticipation for the bride and groom from indigenous peoples if the bride and groom in living their domestic life face economic difficulties, as a way out of this problem is there are chickens that have almost laying eggs that were carried when walimatul ursy. The goodness or benefits that exist in carrying out the tradition of carrying chickens in fiqh literature are known as maslahah.

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