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Hakam: Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
ISSN 2829-5803 · Islamic Faculty · 153 artikel di indeks
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Artikel Jurnal
NEGOTIATING SAKINAH IN THE DIGITAL ERA: MARRIAGE PRACTICES OF GENERATION Z IN LEPELLE VILLAGE ROBATAL DISCTRICT
This study examines the marriage practices of Generation Z in realizing a sakinah family in Lepelle Village, Robatal District, within the context of digital transformation. Using a qualitative approach with an empirical socio-legal perspective, data were collected from 15 informants through…
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Artikel Jurnal
A MAQASID AL-SYARĪ’AH BASED EVALUATION OF LOCAL GOVERNMENT INTERVENTIONS IN HALAL CERTIFICATION IMPLEMENTATION: EVIDENCE FROM SUMENEP
The expiration of the phased implementation of mandatory halal certification on 17 October 2024 marked a transition from a facilitative to an enforcement-oriented policy phase, creating significant implementation pressures for local governments and micro and small enterprises facing legal, market…
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Artikel Jurnal
HARTA PERPANTANGAN SEBAGAI LIVING LAW MASYARAKAT BANJAR (Analisis Normatif-Empiris Terhadap Asal-Usul dan Praktik Pembagiannya)
Prohibited property is a concept of joint ownership between husband and wife in the Banjar community tradition that still functions as a living law even though it is not written in formal regulations or in the classical fiqh works of Sheikh Muhammad Arsyad al-Banjari. This study aims to trace the…
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Artikel Jurnal
RECONSTRUCTION OF DISABILITY-FRIENDLY NATIONAL FIQH: A PARADIGM TRANSFORMATION FROM RUKHSHAH TO ÁZIMAH
This article examines the reconstruction of disability-friendly fiqh kebangsaan (national Islamic jurisprudence) through a paradigmatic shift from the rukhsah (legal concession) approach to ‘azīmah (normative obligation) within the context of the Indonesian nation-state. Prevailing discourses on…
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Artikel Jurnal
THE LEGAL IMPLICATIONS OF QARDH FINANCING FOR STAKEHOLDER WELFARE IN ISLAMIC ECONOMIC LAW
In the context of Baitul Maal Wa Al Tamwil (BMT) Maslahah, qardh loans are a financial product that, according to Sharia principles, do not require material compensation. Qardh loans are a product aimed at wel fare by assisting members with capital, facilitating qardh loans, and building…
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Artikel Jurnal
LEGAL CONSTRUCTION OF MARRIAGE REGISTRATION LAW AS AN ADDITIONAL PILLAR FROM THE PERSPECTIVE OF MAQASID ASY-SYARI’AH OF JAMALUDDIN ATHIYAH
Marriage is a bond of misaqan galizan between a man and a woman to buidl a happy and eternal family or household based on the Almighty God. Article 1 of Law No. 1 of 1974 concerning Marriage explains the validity of a marriage and the obligation to register a marriage. The law of marriage…
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Artikel Jurnal
DECOLONIZATION OF ISLAMIC FAMILY LAW IN INDONESIA: TRACING TRANSFORMATION AND CONTINUTIY
This article aims to explore the process of decolonization of Islamic family law in Indonesia by tracing its historical transformation, policy changes, and the continuity of its legal practices from the colonial period to the post-reform era. Through a conceptual, historical, and legislative…
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Artikel Jurnal
TATA KELOLA LINGKUNGAN IBU KOTA NUSANTARA BERBASIS ILMU FALAK, ECO-ASTRONOMY DAN MAQASHID SYARI’AH
This study examines the scope of applying Islamic astronomy (Ilmu Falak), eco-astronomy, and Maqasid al-Shari’ah within the environmental governance framework of Ibu Kota Nusantara (IKN), focusing on their contribution to sustainable urban development. It aims to identify the benefits of…
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Artikel Jurnal
RETHINKING ISLAMIC DIVORCE LAW IN INDONESIA THROUGH JASSER AUDA’S SYSTEMS APPROACH
The rising rate of divorce in Indonesia reveals a widening gap between normative legal regulations and the evolving social realities of Muslim families. Islamic family law, which aims to preserve marital harmony, is often perceived as overly formalistic and insufficiently responsive to contemporary…
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Artikel Jurnal
REGULASI WAKAF UANG DIGITAL PADA PLATFORM FINTECH SYARIAH DI INDONESIA: ANALISIS YURIDIS DAN KEKOSONGAN HUKUM
The rapid growth of Islamic fintech in Indonesia has propelled digital cash waqf collection from Rp61.2 billion in 2019 to Rp571.8 billion in 2024 (CAGR 56.4%), exposing a fundamental structural mismatch: Law No. 41 of 2004 on Waqf — the lex specialis — was designed for face-to-face transactions…
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Artikel Jurnal
THE AMBIVALENCE AND SOCIAL ENFORCEMENT OF WIDOWER ‘IDDAH NORMS IN MADURA
This article examines the socio-legal construction of widower's iddah in Madura from an Islamic law perspective. It focuses on how widower mourning, although not formally codified in detail in the Kompilasi Hukum Islam, becomes a socially recognized and enforced norm in local Muslim communities…
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Artikel Jurnal
BEYOND PROHIBITION: RETHINKING ISLAMIC LEGAL PROTECTION AGAINST CHILD EXPLOITATION IN MINING INDUSTRIES
Child labor in mining industries represents a critical intersection of hazardous work, regulatory limitations, and structurally embedded socio-economic coercion, despite the comprehensive international and national legal protections. This study aims to critically evaluate the effectiveness of legal…
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Artikel Jurnal
FORMULATION OF CHILD-FRIENDLY BANTENGAN ARTS POLICY BASED ON MAQASID SYARIAH IN MALANG REGENCY
Children’s involvement in the preservation of Bantengan art is part of the implementation of children’s rights to participate, but on the other hand, it can raise concerns that contradict other children’s rights such as the right to education, worship, and rest. Meanwhile, the Child Protection Law…
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Artikel Jurnal
HALAL COMPLIANCE IN ISLAMIC ECONOMIC LAW: A SHARIA QUALITY MANAGEMENT LENS
Halal certification has been institutionalized in Indonesia as a legal obligation for business actors, including micro-enterprises, to ensure halal assurance and consumer protection. However, its implementation, particularly through the self-declare certification scheme, continues to encounter…
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Artikel Jurnal
FAIRNESS IN SHARIA BUSINESS CONTRACTS: A CONSUMER PROTECTION PERSPECTIVE
The development of Islamic business in Indonesia has made significant progress along with the increasing public awareness of the application of Islamic principles in economic transactions. In this context, consumer protection becomes a crucial element, particularly in sharia-based business…
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Artikel Jurnal
ISLAMIC LEGAL REASONING IN DISPUTE RESOLUTION AND SHARIA FINANCIAL RISK MANAGEMENT OF DSN-MUI FATWAS
This study examines the institutional legal reasoning of the Indonesian National Sharia Council (DSN-MUI) in developing the normative framework for dispute resolution and risk management in Sharia finance. Through a qualitative corpus analysis of fatwas on taʿwīḍ (compensation for loss), debt…
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Artikel Jurnal
PEMBAHARUAN HAK WARIS PEREMPUAN DI TURKI DALAM THE TURKISH CIVIL CODE PASAL 495 PERSPEKTIF MAQASID SYARI’AH
The reform of family law in Muslim countries often encounters tensions between classical Islamic legal norms and the demands of modernity, particularly concerning gender equality in inheritance law. Turkey represents one of the most significant examples of legal reform through the enactment of the…
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Artikel Jurnal
TYPOLOGY OF EX-WIFE’S RESPONSE IN SIWALAN PEKALONGAN: SOCIO-LEGAL ANALYSIS OF POST-DIVORCE CHILD SUPPORT
This study examines the phenomenon of abandonment of post-divorce child support in Siwalan District, Pekalongan Regency, which is contrary to Law No. 1 of 1974 and Islamic law. Although regulations expressly impose maintenance obligations on fathers, empirical reality shows that there is a default…
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Artikel Jurnal
THE EVOLUTION OF THE MAQĀṢID AL-SHARĪ‘AH PARADIGM: FROM A CONCEPT IN USHUL AL-FIQH TO A METHODOLOGICAL APPROACH IN ISLAMIC LAW
Maqāṣid al-sharī‘ah has not only been understood as a normative concept within ushul al-fiqh, but has also undergone a paradigmatic evolution into a methodological approach for addressing contemporary legal and social issues. This article aims to examine the evolution of the maqāṣid al-sharī‘ah…
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Artikel Jurnal
ANALYSIS OF THE ROLE AND POTENTIAL OF THE PENTAHELIX IN EFFORTS TO PREVENT DIVORCE
This study examines the role and potential of the pentahelix model in preventing divorce in Pamekasan, as well as the forms of assistance provided by the Ministry of Religious Affairs in fostering keluarga sakinah. The research employs an empirical legal approach with a qualitative case study…