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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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Menguatkan Konsep Fikih Sosial dalam Dinamika Interaksi Manusia Perspektif K.H Muhammad Ali Yafie M. Khairul Arwani Tata
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.v1i1.40

Abstract

Through this paper, the author will try to explain the concept of understanding social fiqh so that human interaction will increasingly bring benefits and away from harmful activities, especially those directly related to nature. The basic theory developed in this discussion is the thought generated by K.H Ali Yafie. The importance of social fiqh and its application as offered by K.H Ali Yafie above makes the author believe that this concept can be presented in the social interactions of Muslims. Because after all, Muslims have a responsibility so that the continuity of life in this world can be used as a facility that will lead to the afterlife, then offer religious understanding (Islamic law) as a form of struggle for the Islamic revolution in alleviating poverty and oppression and through this understanding of social fiqh. it's becoming more and more achievable.
Mohammad Natsir Thought on Reactualising Religious Nationalism in Indonesia Ferdi Yufriadi
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): 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.v2i1.166

Abstract

Mohammad Natsir's nationalism is a significant phenomenon in the history of Indonesia that influenced the process of nation-building during the early days of independence. This journal aims to investigate the crucial role of the nationalist figure Haji Mohammad Natsir in fostering the spirit of nationalism and how his thoughts shaped the national identity of Indonesia. The research methodology employed in this journal is a qualitative approach through narrative analysis and relevant primary sources related to Natsir's role in Indonesia's struggle for independence. The sources used include speeches, writings, and Natsir's biography, as well as works by historians and researchers who have examined his significant role in the nation's history. The research findings indicate that Natsir was a visionary and influential nationalist figure in shaping Indonesia's national identity. His nationalist views emphasized unity, integrity, and national identity based on the values of Pancasila and Islam. This ideology played a key role in fostering a sense of unity and nationalism among the Indonesian populace during challenging times after independence. Additionally, the journal highlights Natsir's role in advancing national education and culture. He advocated for the development of the Indonesian language as a unifying language and promoted Indonesian arts, literature, and culture to strengthen the national identity. Natsir's nationalism played a significant role in the process of shaping Indonesia's national identity. His thoughts on unity, justice, and the noble values of Indonesia have helped guide the nation towards a strong national identity. Therefore, a deeper understanding of Natsir's role in national history provides valuable insights into how nationalist figures can shape the national identity of a nation.
Peran Komisi Pemilihan Umum Dalam Pilkada Kabupaten Solok Sumatera Barat Perspektif Fiqh Siyāsah Dian Aditiya Perdana; Fauziah Febrinaldi
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (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.v1i2.235

Abstract

During the stages of the regional head election (PILKADA) held by the Solok Regency KPU, namely the election of the Regent and Deputy Regent, there were several election disputes that were faced by the Solok Regency KPU, namely the nomination process dispute to the Bawaslu and PTTUN Medan, as well as the result dispute to the Constitutional Court (MK). Of the several disputes, one pair of candidates submitted an application, only one application was granted and two applications were rejected. The two disputes that were rejected were the candidacy disputes submitted to Bawaslu by the candidate pair Iriadi and Agus Syahdeman. Henceforth, the application submitted by the pair of pairs Nofi Chandra and Yulfadri to the Constitutional Court with the decision of Amar Rejecting the Petitioner's Application in its entirety. Based on the results of the study, the role of the Solok Regency KPU in resolving disputes over the election process for the Regent and Deputy Regent of Solok in 2020, the Solok Regency KPU has played as much as possible in accordance with the authority granted by laws and regulations, namely by preparing all the disputed answers and rebuttals, preparing the tools evidence, prepare witnesses and other documentation. In the view of siyasa fiqh, the Solok Regency KPU has received answers or materials in the trial. The dispute is resolved by the Qadha institution (Court) which is the institution tasked with resolving cases of disputes and their duties.
Tinjauan Siyasah Dusturiyyah Terhadap Pelaksanaan Peraturan Nagari Nomor 05 Tahun 2018 Tentang Pengelolaan Sampah Rumah Tangga Di Nagari Situjuah Kabupaten Lima Puluh Kota Helmi Yusnita
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (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.v1i2.236

Abstract

This research is motivated by the fact that many people do not comply with Nagari Regulation 05 of 2018 concerning Household Waste Management so that waste management in Nagari Situjuah Banda Dalam is disorganized and does not work as expected. This study aims to find out how to implement Nagari Regulation Number 05 of 2018 concerning Household Waste Management in Nagari Situjuah. The research I used was field research using a qualitative approach, namely research whose data was obtained through the field, studying, recording, analyzing and observing and interviewing as primary data collected by the Nagari Situjuah government. After doing research it can be concluded that; First, the lack of the role of law enforcers, the lack of facilities and infrastructure and the lack of public knowledge about the existence of this regulation so that the rules do not run smoothly and are ineffective. Second, the Siyasah Dusturiyah Fiqh review of household waste management is that the Siyasah Dusturiyah Fiqh discusses the concept of a rule of law and the reciprocal relationship between the government and citizens that must be protected in order to achieve the benefits of society. In this case, the Nagari government issued a Nagari regulation related to household waste management so that people would comply more with existing regulations so that no harm would occur from the actions of local residents.
Implementasi Perda Inisiatif Dewan Perwakilan Rakyat Daerah Kota Bukittinggi Perspektif Fiqh Siyāsah Irvan Refliandi
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (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.v1i2.238

Abstract

The background of this research is when the Bukittinggi’s DPRD has not carried out its performance in accordance with the expectations and wishes of the people, as is the case when the number of regional regulations produced by the legislature is less than the number of regional regulations originating from the executive. This study aims to find out how the implementation of the Initiative regional regulation in the Bukittinggi’s DPRD environment and what factors became obstacles in the formation of the initiative for regional regulation of the Bukittinggi’s DPRD. The type of research that the authors used in this study was field research conducted in Bukittinggi. Primary data sources are obtained through interviews, observation and documentation of related stakeholders. Based on the results of the research, it can be seen that the implementation of the regional regulation initiated by the Bukitinggi’s DPRD has not gone well because there are still several obstacles, such as low human resources, lack of socialization of the Perda formation program and changes in community dynamics.
Penetapan Harga Sewa Rumah Kos Pada Masa Pandemi Covid-19 di Kota Bukittinggi Perspektif Fiqh Mu’āmalah Ramadhani Ramadhani
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (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.v1i2.239

Abstract

This research was written to find out how the practice of setting prices for renting boarding houses during the Covid-19 pandemic in Bukittinggi, because there are differences in setting boarding house rental prices where the boarding house owner waives or waives boarding house rent during the pandemic. However, there are also some boarding house owners who continue to pay full boarding fees as before the Covid-19 pandemic. Furthermore, the author also wants to know how fiqh muāmalah views the pricing of boarding house rents during the Covid-19 pandemic. This study used field research, while the data sources for this research consisted of primary data sources, which were obtained from observations and interviews with students and boarding house owners in the Aur Birugo Tigo Baleh Village. The conclusions from research regarding the pricing of boarding house rentals during this pandemic were found in 3 versions. First, the boarding house owner waived boarding fees during the Covid-19 pandemic. Second, the boarding house owner provides relief by paying half the boarding fee of the pre-pandemic price. Third, boarding house owners do not provide fee relief by continuing to pay full boarding fees during the Covid-19 pandemic. In the view of fiqh muāmalah, leasing or ijārah is legally permissible or permissible as long as there is no argument that forbids it.
Analisis Hukum Pidana Islam Dan Hukum Positif Terhadap Penganiayaan Yang Dilakukan Oleh Orang Abnormal Di Nagari Panyakalan Kecamatan Kubung Kabupaten Solok Redo Febrian
Hakamain: Journal of Sharia and Law Studies Vol. 1 No. 2 (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.v1i2.240

Abstract

The background of this research is because in the midst of society there are often cases of abuse committed by abnormal people. One of them is the case that occurred in Nagari Panyakalan, Kubung District. This study aims to find out how the of of abuse perpetrated by abnormal people in Nagari Panyakalan, as well as the views of Islamic law and positive law on the settlement of cases of abuse perpetrated by these abnormal people. This research uses field research so that the main source of data is primary data, namely the results of interviews conducted with the community related to this research. Based on the results of the research, it can be that the of of abuse committed by abnormal people in Nagari Panyakalan was taken through an agreement by making peace, efforts to make peace were carried out through meetings attended by each heir's mamak head from both parties. In Islamic law, the sanction for persecution is qishash, if the victim's family pardons it, it is replaced with diyat. This applies to the perpetrators who are legally capable, if the perpetrators are not legally competent or abnormal then this sanction cannot be carried out. Whereas in positive law, perpetrators of criminal acts who experience mental disorders have been regulated in Article 44 paragraph (1) of the Criminal Code, that is, anyone who commits an act for which he cannot be held liable because his soul is disabled in development or disturbed due to illness, is not punished.
Indonesia Challenges in Maintaining National Identity in the Era of Globalisation jihan Aulya Putri; Ashila Arasy; Sasmi Nelwati
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): 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.v2i1.318

Abstract

This study aims to analyse the challenges faced in maintaining national identity in the era of globalisation using sociological research methods. The era of globalisation is characterised by increased interactions between nations that lead to the spread of values, cultures and ideologies that can threaten the homogeneity of national identities. This research uses a qualitative approach with a case study method on several countries that have experienced significant changes in their national identity due to the influence of globalisation. Data were collected through in-depth interviews, participatory observation, and document analysis. The results show that globalisation has resulted in cultural transformation, a shift in traditional values, and an increase in multiculturalism that challenges the integrity of national identity. In addition, information and communication technology also plays a major role in spreading global culture. The study concludes that effective strategies for maintaining national identity involve education that emphasises local values, cultural policies that support diversity, and strengthening local communities. Recommendations include the need for cooperation between the government, society and educational institutions in an effort to maintain and strengthen national identity amidst globalisation.
Building Pillars of Justice and Order: Uncovering the Challenges and Solutions of Equitable Law Enforcement in Indonesia Yulia Dessani; Bella Afrilia; Sasmi Nelwati
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): 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.v2i1.319

Abstract

Enforcing fair and effective law in Indonesia is a complex challenge that requires a holistic approach from various stakeholders. Law enforcement institutions such as the judiciary, prosecution, police, and other legal bodies play a crucial role in upholding justice and maintaining societal order. One critical aspect in this context is ensuring the judiciary's independence from political pressure or other external influences, so that decisions are based on objective and fair legal principles. Legal reform is urgently needed to enhance transparency in legal processes, strengthen accountability, and uphold professionalism through continuous education and training of legal professionals. Strengthening active participation of the public in monitoring law enforcement agencies is also crucial to build public trust and maintain the integrity of the legal system as a whole. Developing an inclusive and comprehensive legal system should be a priority in addressing various legal challenges from local to national levels. By implementing these steps, Indonesia can strengthen the foundation for sustainable rule of law, which in turn will enhance justice for all citizens and create an environment conducive to sustainable and stable development. These efforts encompass not only structural and operational improvements in legal institutions, but also support the realization of a legally educated society aware of its rights, thus addressing social and economic challenges consistently and fairly. In-depth research on the implementation of legal policies is also necessary to identify areas needing improvement and evaluate the effectiveness of measures taken to achieve these goals.
Application of Maqasid Al-Shariah in Islamic Economics and Finance as the Development of Products of Islamic Value Fadilla Syahriani; Fini Fajri Mulyani; Fismanelly Fismanelly; Sarah Afifah; Alex Medani
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): 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.v2i1.322

Abstract

This research aims to analyze the application of Maqasid Al-Shariah in Islamic Economics and Finance for developing products with Islamic values. Maqasid Al-Shariah, which includes the primary objectives of Islamic law protection of religion, life, intellect, lineage, and property is the focus to ensure financial products comply with Shariah law and benefit the Muslim community.A qualitative descriptive analysis method is used to illustrate how Maqasid Al-Shariah is implemented in Islamic economics and finance. Data collection involves comprehensive literature reviews, in-depth interviews with Islamic economic experts, and documentation of Shariah-compliant financial products. The literature review provides a theoretical foundation, while interviews and documentation offer practical insights into Maqasid Al-Shariah's real-world applications.The findings indicate that Maqasid Al-Shariah plays a crucial role in guiding the development of Islamic financial products that reflect Islamic values and meet the Muslim community's needs. In-depth analysis of financial products, such as savings, investments, and Shariah-compliant financing, shows how Maqasid Al-Shariah underpins their development. For instance, savings and investment products based on Maqasid Al-Shariah ensure halal funds, fair profit distribution, and risk protection.The practical implications of this research are significant for Islamic financial industry practitioners. Understanding Maqasid Al-Shariah's application helps them design and develop products that comply with Shariah principles and benefit the Muslim population. These products are expected to comprehensively meet the financial needs of the Muslim community, including protection against economic uncertainties, sustainable wealth management, and contributions to overall social welfare.

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