Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
type: channel
description: Hakam: Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam, is a peer-reviewed journal by experts in the fields of Islamic Law and Islamic Economic Law, covering both normative and empirical studies, using various approaches (See Focus and Scope) in accordance with the theme of each research study related to the scientific study. Hakam: Jurnal Kajian Hukum Islam dan Ekonomi Islam, has been accredited with a Rank 2 accreditation, in accordance with the Decree of the Director General of Research and Development of the Ministry of Higher Education, Science, and Technology of the Republic of Indonesia No. 295/C/C3/KPT/2026 dated January 2, 2026. This journal is published four times a year (March, June, September, and December) by the Lembaga Penerbitan, Penelitian, dan Pengabdian kepada Masyarakat, Universitas Nurul Jadid Paiton Probolinggo, Indonesia. Email: hukumkeluarga.fai@unuja.ac.id p-ISSN 2829-5803 e-ISSN 2580-8052 <img src="[binary]" alt="" /> This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Hakam: Jurnal Hukum Islam dan Hukum Ekonomi Islam Published by Lembaga Penerbitan, Penelitian, dan Pengabdian kepada Masyarakat, Universitas Nurul Jadid Paiton Probolinggo, Indonesia.
publisher: Universitas Nurul Jadid
language: en-US
publication name: Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
issn: 2829-5803
copyright: Copyright of this publication is a possession of Hakam : Jurnal Hukum Islam dan Hukum Ekonomi Islam journal, by the knowledge of the author, while the moral right of the publication belongs to the author. The formal legal aspect of journal publication accessibility refers to Creative Commons Atribusi-Non Commercial-Share Alike (CC BY-NC-SA), which implies that publication can be used for non-commercial purposes under the same or similar license as the original form. Authors are permitted to copy and redistribute the journal's published version of the work, with an acknowledgment of its initial publication in Contemporary Mathematics and Applications (ConMathA). Every publication (printed/electronic) are open access for educational purposes, research, and library. Other than the aims mentioned above, the editorial board is not responsible for copyright violation. <img src="[binary]" alt="" /> This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Hakam: Jurnal Hukum Islam dan Hukum Ekonomi Islam Published by Lembaga Penerbitan, Penelitian, dan Pengabdian kepada Masyarakat, Universitas Nurul Jadid Paiton Probolinggo, Indonesia.
items: FAIRNESS IN SHARIA BUSINESS CONTRACTS: A CONSUMER PROTECTION PERSPECTIVE
items: DECOLONIZATION OF ISLAMIC FAMILY LAW IN INDONESIA: TRACING TRANSFORMATION AND CONTINUTIY
items: RECONSTRUCTION OF DISABILITY-FRIENDLY NATIONAL FIQH: A PARADIGM TRANSFORMATION FROM RUKHSHAH TO ÁZIMAH
items: THE LEGAL IMPLICATIONS OF QARDH FINANCING FOR STAKEHOLDER WELFARE IN ISLAMIC ECONOMIC LAW
items: ISLAMIC LEGAL REASONING IN DISPUTE RESOLUTION AND SHARIA FINANCIAL RISK MANAGEMENT OF DSN-MUI FATWAS
items: HARTA PERPANTANGAN SEBAGAI LIVING LAW MASYARAKAT BANJAR (Analisis Normatif-Empiris Terhadap Asal-Usul dan Praktik Pembagiannya)
items: RETHINKING ISLAMIC DIVORCE LAW IN INDONESIA THROUGH JASSER AUDA’S SYSTEMS APPROACH
items: THE EVOLUTION OF THE MAQĀṢID AL-SHARĪ‘AH PARADIGM: FROM A CONCEPT IN USHUL AL-FIQH TO A METHODOLOGICAL APPROACH IN ISLAMIC LAW
items: REGULASI WAKAF UANG DIGITAL PADA PLATFORM FINTECH SYARIAH DI INDONESIA: ANALISIS YURIDIS DAN KEKOSONGAN HUKUM
items: A MAQASID AL-SYARĪ’AH BASED EVALUATION OF LOCAL GOVERNMENT INTERVENTIONS IN HALAL CERTIFICATION IMPLEMENTATION: EVIDENCE FROM SUMENEP
items: EX OFFICIO AUTHORITY OF JUDGES IN DIVORCE SUIT DECISIONS: AN ANALYIS OF ARTICLE 41 OF LAW NUMBER 1 OF 1974 ON MARRIAGE IN THE PAMEKASAN RELIGIOUS COURT
items: PEMBAHARUAN HAK WARIS PEREMPUAN DI TURKI DALAM THE TURKISH CIVIL CODE PASAL 495 PERSPEKTIF MAQASID SYARI’AH
items: FORMULATION OF CHILD-FRIENDLY BANTENGAN ARTS POLICY BASED ON MAQASID SYARIAH IN MALANG REGENCY
items: THE AMBIVALENCE AND SOCIAL ENFORCEMENT OF WIDOWER ‘IDDAH NORMS IN MADURA
items: TYPOLOGY OF EX-WIFE’S RESPONSE IN SIWALAN PEKALONGAN: SOCIO-LEGAL ANALYSIS OF POST-DIVORCE CHILD SUPPORT
items: NEGOTIATING SAKINAH IN THE DIGITAL ERA: MARRIAGE PRACTICES OF GENERATION Z IN LEPELLE VILLAGE ROBATAL DISCTRICT
items: TATA KELOLA LINGKUNGAN IBU KOTA NUSANTARA BERBASIS ILMU FALAK, ECO-ASTRONOMY DAN MAQASHID SYARI’AH
items: BEYOND PROHIBITION: RETHINKING ISLAMIC LEGAL PROTECTION AGAINST CHILD EXPLOITATION IN MINING INDUSTRIES
items: ANALYSIS OF THE ROLE AND POTENTIAL OF THE PENTAHELIX IN EFFORTS TO PREVENT DIVORCE
items: FROM CASH TRANSFERS TO AMAL SHALIH: THE ROLE OF ISLAMIC FINANCIAL LITERACY IN HUMAN CAPITAL DEVELOPMENT

FAIRNESS IN SHARIA BUSINESS CONTRACTS: A CONSUMER PROTECTION PERSPECTIVE
type: item
description: 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 contracts. This study aims to analyze the concept of consumer protection in sharia business contracts from the perspective of both positive law and Islamic law. The method used is a literature study with a qualitative approach. The results of the study show that positive law, through Law No. 8 of 1999, provides legal-formal protection for consumers, while Islamic law emphasizes moral and spiritual aspects, including the principles of justice, honesty, and the prohibition of gharar and fraud. Although both aim to safeguard consumer rights, they differ in their approaches and the sanctions applied. The integration of positive law and Islamic law can create a more comprehensive consumer protection system in sharia business contracts. This research is expected to contribute ideas to the development of a just and sustainable legal system.
creator: Muhammad Farid Rapi
creator: Sinta Kasim
creator: Muhammad Dzaky Abdullah
rights: Copyright (c) 2026 sinta kasim https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.13962

DECOLONIZATION OF ISLAMIC FAMILY LAW IN INDONESIA: TRACING TRANSFORMATION AND CONTINUTIY
type: item
description: 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 approach, this article analyzes how the colonization of Islamic family law took place in Indonesia. This article argues that the decolonization of Islamic family law in Indonesia did not occur in a single manner, but instead in two primary forms. First, accommodative decolonization, which was realized through post-independence state policies, such as the theories of receptie exit and receptio a contrario, the Religious Court Law, the Compilation of Islamic Law, and various policies of the Supreme Court and the Ministry of Religious Affairs, which negotiated fiqh traditions with the need for modern legal protection, especially for women and children. This pattern aligns with Khaled Abou El Fadl's view, which regards legal reform as an inherent part of the Islamic legal tradition. Second, conservative decolonization is reflected in fatwas and classical fiqh discourse developed by Islamic boarding schools and religious organizations, in line with Wael B. Hallaq's criticism of colonial legal modernity. This article argues that the decolonization of Islamic family law in Indonesia is an ongoing process involving the state and religious scholars, and that it does not merely aim to erase the colonial legacy but also to create a contextual, just, and responsive Islamic family law system for vulnerable groups.
creator: Mukhammad Nur Hadi
creator: Moh. Wahib
creator: Moh. Irfan
creator: Abdul Kadir Riyadi
rights: Copyright (c) 2026 Mukhammad Nur Hadi, Moh. Wahib, Moh. Irfan, Abdul Kadir Riyadi https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14413

RECONSTRUCTION OF DISABILITY-FRIENDLY NATIONAL FIQH: A PARADIGM TRANSFORMATION FROM RUKHSHAH TO ÁZIMAH
type: item
description: 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 disability in classical Islamic jurisprudence predominantly frame persons with disabilities as recipients of individual dispensations, resulting in a charity-based approach that inadequately addresses systemic discrimination embedded in public policy, employment, and social institutions. Employing a normative-critical analysis of classical fiqh texts, legal maxims, national regulations, and international human rights instruments—particularly the Convention on the Rights of Persons with Disabilities (CRPD)—this study argues that the rukhsah paradigm must be transformed into an ‘azīmah-oriented framework that positions the state as an active duty-bearer in guaranteeing disability rights. The findings reveal three major insights: first, legal maxims such as al-mashaqqah tajlib al-taysīr and al-ḍarar yuzāl should not be narrowly interpreted as individual exemptions but rather as normative mandates for inclusive public policies; second, classical Islamic political jurisprudence has implicitly articulated state responsibility toward vulnerable groups, although this dimension has not been systematically developed in contemporary fiqh discourse; and third, the integration of fiqh kebangsaan with principles of social justice and international human rights law produces a jurisprudential model oriented toward empowerment rather than benevolence. This article concludes that the ‘azīmah approach is more contextually relevant to Indonesia and aligns with both maqāṣid al-sharī‘ah and substantive justice. Policy recommendations include strengthening derivative legislation of the Disability Law, allocating inclusive public budgets, and enhancing the institutional authority of the National Di…
creator: Syamsuri Syamsuri
rights: Copyright (c) 2026 Syamsuri - https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14414

THE LEGAL IMPLICATIONS OF QARDH FINANCING FOR STAKEHOLDER WELFARE IN ISLAMIC ECONOMIC LAW
type: item
description: 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 relationships of trust and solidarity among members. The nadzar (vow) in qardh loans involves members providing alms to the BMT for the benefit of stakeholders. This research focuses on the integration of nadzar (vow) into qardh loans, which has implications for stakeholder welfare and BMT profits, a theory lacking in Islamic economics. The method used in this research is qualitative, using a case study approach at BMT Maslahah in East Java. The results indicate that qardh loans have implications for stakeholder welfare. Borrowing members enjoy ease of application requirements and relatively quick disbursement, principal repayment as agreed, interest-free installment payments, low administrative fees, and no collateral. Qardh loans are accompanied by a nadzar (vow) contract, where members provide alms to the BMT for income. BMT income is accumulated with other financing income for BMT operations and monthly remaining operating results (SHU) which are distributed to members in the form of bonuses and profit sharing of savings deposits. Meanwhile, the annual remaining operating results (SHU) are distributed to stakeholders, namely BMT reserve funds of 20%, management fees of 5%, management fees of 10%, member education funds of 5%, social funds of 10% and members receive 50% according to the portion of capital each year. So it is known that 85% of members stated that it has increased their income and improved their welfare and 15% of members stated that it has facilitated loan installment payments.
creator: Saifuddin Zuhri
rights: Copyright (c) 2026 Saifuddin Udin Zuhri https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14440

ISLAMIC LEGAL REASONING IN DISPUTE RESOLUTION AND SHARIA FINANCIAL RISK MANAGEMENT OF DSN-MUI FATWAS
type: item
description: 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 restructuring, and debt transfer, the research argues that these fatwas do not function as isolated case-by-case rulings. Instead, they form a coherent body of evolving institutional reasoning that shifts Islamic financial law from a rigid, contract-validity-focused paradigm toward a dynamic risk governance paradigm. The findings reveal that DSN-MUI consistently distinguishes between involuntary and willful default, designs restorative rather than punitive compensatory mechanisms, and systematically integrates principles of maqāṣid al-sharīʿah and maṣlaḥah with modern financial governance needs. The analysis further contrasts DSN-MUI's contextualized legal reasoning with the standardized approach of AAOIFI, highlighting how DSN-MUI adapts Islamic legal principles to Indonesia's socio-economic and regulatory context. The study concludes that DSN-MUI fatwas collectively construct a distinct model of Fiqh al-Mukhāṭarah wa al-Nizāʿ (Fiqh of Risk and Dispute Resolution), positioning Islamic law as an integral instrument for systemic risk management, contractual sustainability, and equitable dispute resolution within a modern financial ecosystem.
creator: Bustanul Arifin
creator: M. Muslih
creator: Rimanto Rimanto
creator: Eti Karini
creator: Syeh Sarip Hadaiyatullah
rights: Copyright (c) 2026 Bustanul Arifin https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14447

HARTA PERPANTANGAN SEBAGAI LIVING LAW MASYARAKAT BANJAR (Analisis Normatif-Empiris Terhadap Asal-Usul dan Praktik Pembagiannya)
type: item
description: 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 origins of the concept of perpantangan and examine the practice of its distribution through normative-empirical analysis. The research method used is qualitative with normative and empirical approaches. Primary data was obtained through interviews with juriyat (ulama descendants of Sheikh Arsyad), academics, and Banjar people who practice perpantangan, while secondary data were collected from fiqh literature, customary law, and national regulations. The results of the study indicate that perpantangan arose from social practices of the Banjar community since the 18th century as a response to the significant economic role of women in the household. Although no authentic manuscripts were found explaining this concept, the community legitimized the perpantangan to Sheikh Arsyad through cultural legitimacy mechanisms. Normatively, abstinence aligns with the principles of 'urf, syirkah al-abdan, and maslahah mursalah, so it does not conflict with muamalah jurisprudence or national law on joint property. Empirically, abstinence is practiced in a relatively uniform pattern, namely a 50% distribution for the surviving spouse and 50% as inheritance. This research confirms that abstinence is a form of articulation of the Banjar community's legal code of life that serves to maintain fair distribution of property within the family and represents a harmony between custom and sharia.
creator: Devi Kasumawati
creator: Ahmad Manfaluti
rights: Copyright (c) 2026 Devi Kasumawati, Ahmad Manfaluti https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14477

RETHINKING ISLAMIC DIVORCE LAW IN INDONESIA THROUGH JASSER AUDA’S SYSTEMS APPROACH
type: item
description: 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 social and gender dynamics. This study examines Islamic divorce law in Indonesia through the systems theory developed by Jasser Auda within the broader framework of maqasid al-shari‘ah. Using a normative legal approach with qualitative analysis of statutory regulations, the Kompilasi Hukum Islam, Supreme Court regulations, and selected judicial decisions, the study operationalizes the six features of Auda’s systems theory cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness to analyze the structure and implementation of divorce law. The findings reveal several systemic weaknesses, particularly in the effectiveness of mediation, the enforcement of post-divorce financial obligations, and the legal protection of women and children. These issues indicate that divorce regulation operates within a complex interaction between legal norms, judicial practices, and changing social conditions. The study therefore argues that Islamic divorce law in Indonesia should be understood as an open and evolving legal system rather than a purely doctrinal framework. By applying Auda’s systems perspective, this research contributes to extending maqasid analysis beyond normative interpretation toward a systemic evaluation of contemporary Islamic family law.
creator: Fahmi Assulthoni
rights: Copyright (c) 2026 Fahmi Assulthoni https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14501

THE EVOLUTION OF THE MAQĀṢID AL-SHARĪ‘AH PARADIGM: FROM A CONCEPT IN USHUL AL-FIQH TO A METHODOLOGICAL APPROACH IN ISLAMIC LAW
type: item
description: 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 paradigm from both historical and systematic perspectives, beginning with its conceptual roots in the classical tradition of ushul al-fiqh, its emergence as an independent scholarly discipline, and its subsequent transformation into a methodological framework in the development of modern Islamic law. This study employed a qualitative method using a library research approach, drawing upon primary and secondary sources from both classical and contemporary literature. Data analysis was conducted through descriptive-analytical, historical, and conceptual methods. The findings indicate that maqāṣid al-sharī‘ah has developed gradually, reaching its peak of systematic formulation in the thought of Imam al-Shatibi, and later expanding significantly in the modern era through the contributions of contemporary scholars. The paradigmatic evolution of maqāṣid al-sharī‘ah has proceeded through four principal stages: its implicit presence in scriptural texts (nusūs) and in the understanding of the early Muslim generations (al-salaf); its integration into the studies of fiqh and ushul al-fiqh; its establishment as an independent scholarly discipline; and its application as an approach to addressing various contemporary issues. The conclusion of this article affirms that the transformation of maqāṣid al-sharī‘ah from a concept within ushul al-fiqh into a methodological approach strengthens its relevance as an instrument for the renewal of Islamic law, making it responsive to contemporary challenges.
creator: Imam Kamaluddin
creator: Amir Sahidin
creator: Setiawan bin Lahuri
creator: Mohammad Muslih
rights: Copyright (c) 2026 Amir Sahidin, Setiawan bin Lahuri, Mohammad Muslih https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14512

REGULASI WAKAF UANG DIGITAL PADA PLATFORM FINTECH SYARIAH DI INDONESIA: ANALISIS YURIDIS DAN KEKOSONGAN HUKUM
type: item
description: 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 with no digital provisions, creating legal uncertainty as this study's central problem. This normative legal study employs statute, conceptual, and comparative approaches, applying a regulatory harmonization framework to map normative gaps across Law No. 41 of 2004, Government Regulation No. 42 of 2006, BWI Regulation No. 1 of 2020, UU ITE, and OJK fintech regulations, using Malaysian waqf instruments as reference. Three legal vacuums are identified: first, Article 17's physical presence requirement before PPAIW renders electronic waqf contracts legally uncertain, as UU ITE — lex generalis — cannot override the Waqf Law's lex specialis formality; second, no dedicated consumer protection exists for waqif funds on non-bank fintech platforms outside banking-grade deposit protection; and third, absent interoperability standards between national payment infrastructure (GPN/QRIS/BI-FAST) and digital waqf platforms produce data fragmentation impeding oversight. Comparative analysis shows proactive inter-institutional coordination between JAWHAR and Bank Negara Malaysia produces measurably superior outcomes in platform integration, fund security, and public trust. Grounded in maqasid al-shari'ah, closing these vacuums constitutes a substantive Islamic obligation rooted in hifzh al-mal and maslahah. Three normative recommendations: amendment of Article 17 of Law No. 41 of 2004 to recognize digital waqf; joint OJK-BWI regulation on fintech waqf; and a standardized Digital Waqf API Framework by Bank Indonesia.
creator: Muhammad Rafi Maulana
rights: Copyright (c) 2026 Muhammad Rafi Rafi Maulana https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14587

A MAQASID AL-SYARĪ’AH BASED EVALUATION OF LOCAL GOVERNMENT INTERVENTIONS IN HALAL CERTIFICATION IMPLEMENTATION: EVIDENCE FROM SUMENEP
type: item
description: 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, and administrative risks. While previous studies have examined halal certification from normative legal and governance perspectives, limited research integrates empirical public policy analysis with a maqasid al-syarī’ah framework to evaluate local government interventions during this post-transition period. Using a qualitative policy analysis approach, this study identifies six local intervention strategies: structured multi-stakeholder coordination; optimization of the self-declare assistance scheme; targeted digital literacy and social media outreach; affirmative programs for remote villages; development of a regional Halal Hub ecosystem; and preventive regulatory socialization for the 2026 mandatory phase. Empirically, 4,053 halal certificates were issued by January 2026, 3,933 through the self-declare scheme, with over 90% of assisted MSMEs completing registration on time. These results indicate that proactive facilitation and adaptive local governance significantly reduced non-compliance risks during the transition. From a maqasid al-syarī’ah perspective, the interventions operationalize multidimensional protection: religion (hifz al-dīn), life (hifz al-nafs), wealth (hifz al-māl), intellect (hifz al-’aql), and lineage (hifz al-nasl). Conceptually, this study proposes a maqasid-based evaluation model linking Islamic normative principles with measurable governance indicators. Theoretically and practically, it positions maqasid as an applied analytical framework and provides evidence-based guidance for adaptive and sustainability-oriented halal governance.
creator: Khoirun Nasik
creator: Farid Ardyansyah
creator: Ahmad Musadad
creator: Shofiyun Nahidloh
creator: Tri Pujiati
creator: Umi Indasyah Zahro
rights: Copyright (c) 2026 Khoirun Nasik, Farid Ardyansyah, Ahmad Musadad, Shofiyun Nahidloh, Tri Pujiati, Umi Indasyah Zahro https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14590

EX OFFICIO AUTHORITY OF JUDGES IN DIVORCE SUIT DECISIONS: AN ANALYIS OF ARTICLE 41 OF LAW NUMBER 1 OF 1974 ON MARRIAGE IN THE PAMEKASAN RELIGIOUS COURT
type: item
description: The protection of women’s and children’s financial rights after divorce remains a significant issue within the Indonesian Religious Court system. Article 41 of Law Number 1 of 1974 on Marriage normatively obliges the father to bear responsibility for the maintenance and education of children and provides a legal basis for financial obligations toward a former wife. However, in judicial practice, divorce litigation (cerai gugat) decisions often do not consistently stipulate iddah maintenance, mut’ah, and child support within the operative part of the judgment. This inconsistency indicates a gap between the normative construction of Article 41 and its practical implementation in court decisions. This study aims to analyze the obligation of judges’ ex officio authority in divorce litigation decisions and evaluate its implementation at the Religious Court of Pamekasan. The research employs a normative–empirical legal approach through statutory analysis and case study examination of three final and binding divorce judgments issued by the Religious Court of Pamekasan. The findings reveal that variations in the application of ex officio authority are influenced by interpretations of the ultra petita principle, evidentiary considerations, and judicial sensitivity toward the protection of women and children. Drawing on vulnerability theory, this study argues that ex officio authority should be interpreted not merely as judicial discretion but as a juridical obligation inherent in the judicial function. This research contributes to strengthening the doctrinal understanding of judges’ ex officio authority as a mechanism to ensure substantive justice and improve legal protection for women and children after divorce.application of this authority is therefore essential to strengthen legal protection for women and children after divorce.
creator: Khairul Anam
creator: Jamiliya Susantin
rights: Copyright (c) 2026 Jamiliya Susantin https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14592

PEMBAHARUAN HAK WARIS PEREMPUAN DI TURKI DALAM THE TURKISH CIVIL CODE PASAL 495 PERSPEKTIF MAQASID SYARI’AH
type: item
description: 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 Turkish Civil Code in 1926, which replaced the Islamic family law system with a modern civil law framework. Article 495 of the code establishes the principle of equal inheritance rights between men and women without gender discrimination. This study aims to analyze the reform of women’s inheritance rights in Turkey under Article 495 of the Turkish Civil Code from the perspective of maqasid al-shari’ah, while examining the dialectic between normative Islamic legal texts and the socio-historical context underlying the reform. This research employs a qualitative method using a normative-juridical approach combined with historical and conceptual approaches. Data were collected through library research on relevant primary and secondary legal sources. The findings indicate that although Article 495 formally differs from the distributive formula of classical Islamic inheritance law, the reform can be understood as a reinterpretation of distributive justice within the framework of maqasid al-shari’ah, particularly in terms of the protection of property (hifz al-mal) and social justice. The reform reflects an effort to adapt inheritance law to the changing social responsibilities of men and women in modern society. Therefore, the reform of inheritance law in Turkey may be viewed as a form of contextual ijtihad within modern family law policy aimed at achieving public welfare, gender equality, and substantive justice.
creator: Viqi Fadilatur Rizqiyah
creator: Sri Lumatus Sa’adah
creator: Busriyanti Busriyanti
rights: Copyright (c) 2026 viqi fadilatur https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14608

FORMULATION OF CHILD-FRIENDLY BANTENGAN ARTS POLICY BASED ON MAQASID SYARIAH IN MALANG REGENCY
type: item
description: 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 emphasizes the obligation to maintain the physical, psychological, and social well-being of children, but the Cultural Advancement Law does not explicitly integrate child protection principles into it. Studies on Bantengan mostly focus on cultural symbolism, community identity, or socio-economic aspects, thus leaving a normative gap regarding how cultural preservation policies can be aligned with the protection of children’s rights. Furthermore, the application of maqasid shari’ah as a normative framework for formulating operational regulations governing children’s participation in preserving Bantengan art is still under-explored in legal studies. This research is a socio-legal field study that uses a statute, conceptual, and disciplinary approach from legal anthropology and sociology of law. Data were collected through interviews, observations, and literature review. Then, it was analyzed using qualitative analysis, resulting in prescriptive legal recommendations. The findings of this study propose a procedural policy framework based on maqasid shari’ah especially the principle of al-daruriyyat al-khams that ensures the preservation of a child-friendly culture, including the protection of children from physical and psychological violence; age limits and children’s roles; the right to education and rest time; parental supervision; educational and inclusive cultural performances; and enhancing the capabilities of Bantengan community. This study contributes theoretically by integrating the sharia of maqasid shari’ah into the formulation of cultural policies and practically by offering a normative framework for local regulations that balance cultural preservation with child p…
creator: Titi Rusydiyati Al Kaswy
creator: Mufidah Ch
creator: Musataklima Musataklima
rights: Copyright (c) 2026 Titi Rusydiyati Al Kaswy, Mufidah Ch, Musataklima Musataklima https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14746

THE AMBIVALENCE AND SOCIAL ENFORCEMENT OF WIDOWER ‘IDDAH NORMS IN MADURA
type: item
description: 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. The study aims to analyze the ambivalence and social enforcement of widower's iddah and to assess whether it constitutes a legitimate expression of ‘urf and living fiqh or an excessive form of communal moral control. This research employed an empirical socio-legal design with a qualitative case study approach in Banyuates and Ketapang, Sampang Regency. Data were collected through in-depth interviews, observation, and field notes with 42 informants, including widowers, younger and older community members, religious leaders, and community leaders. The findings show that a widower's iddah functions as a morally binding norm shaped by kinship relations, communal morality, and local religious reasoning. Its enforcement is supported by Madurese values such as tengka, malo, todus, and ajhina abhâ’, as well as informal sanctions such as gossip, labeling, distancing, and reputational pressure. The study concludes that a widower's iddah may be accepted as a valid ‘urf only when it remains proportional, ethical, and consistent with maqāṣid al-sharī‘ah; otherwise, it risks becoming unjustifiable social coercion. Its legitimacy collapses when social enforcement turns that framework into excessive communal control that negates the widower’s legally permissible right to remarry. Keywords : widower ‘iddah, living fiqh, ‘urf, Madura, Islamic family law
creator: Abdul Azis
creator: Zaenul Mahmudi
creator: Abbas Arfan
rights: Copyright (c) 2026 Abdul Azis, Zaenul Mahmudi, Abbas Arfan https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-29
publication date: 2026-03-29
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14817

TYPOLOGY OF EX-WIFE’S RESPONSE IN SIWALAN PEKALONGAN: SOCIO-LEGAL ANALYSIS OF POST-DIVORCE CHILD SUPPORT
type: item
description: 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 that has a significant impact on the welfare of children. This qualitative research with a field research approach aims to formulate the typology of ex-wife's response and analyze the sociological implications caused. Data were collected through in-depth interviews, observations, and documentation of single mothers at the study site. The results of the study classified the response of ex-wives into three typologies: 1) Legalistic-Active (ex-wives have a conscious and firm attitude to the point of using state instruments to force the fulfillment of child support rights); 2) Adaptive-Independent (the legal awareness and culture of ex-wives tend to be low, take a pragmatic attitude based on economic independence, and avoid social stigma); 3) Negotiative-Persuasive (Ex-wives use social capital and family relationships to claim child support rights). This variation in response is influenced by legal awareness, social support, and pragmatic rationality. The implications of this typology suggest that financial independence increases the double burden for mothers, while dependence on ex-husbands creates uncertainty. The legal route provides certainty but risks escalating family conflicts. Fundamentally, this irregularity of livelihood hinders children's growth and development both physically, educationally, and socially. A balance between financial support and emotional stability is key in minimizing the negative impact of post-divorce. This research contributes to mapping the legal behavior of communities at the rural level regarding child support. Through the formulation of three response typologies (Legalistic-Active, Adaptive-Independent, and Negotiable-Persuasive), this study…
creator: Ali Muhtarom
creator: Naila Umdah Zuhaidah
creator: Siti Qomariyah
rights: Copyright (c) 2026 Ali Muhtarom https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-15
publication date: 2026-04-15
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14545

NEGOTIATING SAKINAH IN THE DIGITAL ERA: MARRIAGE PRACTICES OF GENERATION Z IN LEPELLE VILLAGE ROBATAL DISCTRICT
type: item
description: 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 interviews, observation, and documentation, and analyzed using thematic analysis. The findings reveal a growing trend of early-age marriage driven by socio-religious norms and digital influence, diverse interpretations of the sakinah family combining religious and modern values, and multidimensional challenges, particularly economic, psychological, and socio-digital factors. Digital media plays an ambivalent role, acting as both a source of guidance and pressure. This study proposes the concept of “negotiated sakinah family formation,” highlighting that family realization is shaped by the interaction of normative, structural, and digital dimensions. The study contributes to bridging normative Islamic family law and empirical social realities in the digital era.
creator: Uswatun Hasanah
creator: Mujiburrohman Mujiburrohman
rights: Copyright (c) 2026 Uswatun Hasanah https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-20
publication date: 2026-04-20
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14963

TATA KELOLA LINGKUNGAN IBU KOTA NUSANTARA BERBASIS ILMU FALAK, ECO-ASTRONOMY DAN MAQASHID SYARI’AH
type: item
description: 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 astronomical science in environmental planning, explore its potential to support sustainability, analyze challenges and opportunities for policy integration, and formulate data-driven recommendations aligned with ecological principles. The research employs a descriptive qualitative method using interdisciplinary approaches drawn from Ilmu Falak, eco-astronomy, and Maqasid al-Shari’ah. The findings reveal three major contributions. First, astronomical calculations can guide the accurate determination of qibla orientation for mosques, prayer rooms, public buildings, and Muslim cemeteries in IKN; optimize solar trajectory mapping for energy efficiency; and support disaster mitigation related to lunar and terrestrial cycles. Second, eco-astronomy principles can be implemented through the establishment of a national dark-sky conservation zone for astronomical research and ecosystem protection, environmentally responsible lighting management to enhance energy efficiency, and the development of public education programs—including astro-tourism—to stimulate sustainable economic growth. Third, from the Maqasid perspective, the integration of Ilmu Falak and eco-astronomy fulfills the essential objectives of Shari’ah (daruriyyat), including the protection of religion, life, intellect, wealth, progeny, and the environment. The study recommends the development of technical guidelines, the integration of astronomical data into urban planning systems, and expanded interdisciplinary collaboration. It concludes that combining Islamic astronomy and eco-astronomy with Maqasid values can produce a more adaptive, holistic, and justice-oriented model of environmental governance.
creator: Vivit Fitriyanti
creator: Akhmad Haries
rights: Copyright (c) 2026 Vivit Fitriyanti, Akhmad Haries https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-30
publication date: 2026-03-30
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14656

BEYOND PROHIBITION: RETHINKING ISLAMIC LEGAL PROTECTION AGAINST CHILD EXPLOITATION IN MINING INDUSTRIES
type: item
description: 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 protection against labor exploitation affecting children in mining and to reconstruct it through an integrated maqāṣid al-sharīʿah and fiqh al-muʿāmalah framework. The research employs a normative legal method with a socio-legal orientation, examining international legal instruments, Indonesian legislation, and institutional reports. The findings reveal that legal frameworks such as the Convention on the Rights of the Child (CRC) and ILO Convention No. 182 establish clear prohibitions against hazardous child labor, yet their implementation remains ineffective in informal and extractive economic contexts. The persistence of child labor is structurally driven by poverty, weak enforcement, and supply-chain opacity, resulting in a systemic law–reality divide. Such labor relations constitute a defective form of ijārah al-ʿamal, characterized by the absence of valid ahliyyah al-adā’, the presence of ikrāh iqtisādī, and the normalization of ẓulm within extractive economies. Accordingly, child labor in mining is conceptualized as a structural mafsadah that violates al-maslaḥah al-ḍarūriyyah, particularly the protection of life, intellect, and future generations. The novelty of this study lies in integrating doctrinal legal analysis with maqāṣid al-sharīʿah, qawāʿid fiqhiyyah, and socio-legal perspectives to reconceptualize labor exploitation as a systemic legal and ethical failure, thereby advancing a purpose-oriented framework for child protection.
creator: Minan Minan
creator: Teguh Endi Widodo
rights: Copyright (c) 2026 Minan, Teguh Endi Wibowo https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-30
publication date: 2026-03-30
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14782

ANALYSIS OF THE ROLE AND POTENTIAL OF THE PENTAHELIX IN EFFORTS TO PREVENT DIVORCE
type: item
description: 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 design. Data were collected through in-depth interviews, observations, and document analysis involving key stakeholders, including government institutions, academics, community leaders, media, and the private sector. The findings reveal that divorce prevention efforts are dominated by government and community actors, particularly through premarital guidance, counseling, and mediation conducted by the Ministry of Religious Affairs and KUA. Meanwhile, the roles of academia, media, and the private sector remain limited and not yet fully integrated. The Ministry of Religious Affairs implements both preventive and curative programs, such as Bimbingan Perkawinan (Bimwin), family counseling, religious outreach, and sakinah family development. These efforts have contributed to improving legal and religious awareness and enhancing family resilience. However, the effectiveness of these programs remains suboptimal, as indicated by fluctuating divorce rates. This study concludes that the lack of synergy among pentahelix actors is the main challenge in divorce prevention. Strengthening collaborative and integrative approaches is essential to enhance the effectiveness of family resilience programs.
creator: Ahmad Jalaluddin Faisol
creator: Ainol Yaqin
creator: Muhammad Taufiq
rights: Copyright (c) 2026 Ahmad Jalauddin Faisol, Ainol Yaqin, Muhammad Taufiq https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-30
publication date: 2026-03-30
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.14902

FROM CASH TRANSFERS TO AMAL SHALIH: THE ROLE OF ISLAMIC FINANCIAL LITERACY IN HUMAN CAPITAL DEVELOPMENT
type: item
description: This study examines the role of Islamic financial literacy (IFL) in mediating the relationship between conditional cash transfers and human capital development among beneficiaries of Indonesia’s Program Keluarga Harapan (PKH). Using a quantitative cross-sectional design and data from 420 households across three provinces, the study applies Partial Least Squares Structural Equation Modeling (PLS-SEM) to test the proposed model. The findings reveal that while cash transfers have a positive but limited direct effect on human capital development, Islamic financial literacy exerts a stronger and more significant influence. Importantly, IFL mediates more than half of the total effect of cash transfers, transforming financial assistance into productive investments in education, healthcare, and economic resilience. Furthermore, IFL facilitates the conversion of financial resources into amal shalih, reflected in ethical financial behavior such as zakat participation, avoidance of riba-based debt, and socially oriented economic practices. This study contributes to the literature by integrating Islamic ethical dimensions into human capital theory and operationalizing amal shalih as a measurable economic outcome. The findings suggest that poverty alleviation programs should incorporate value-based financial education to enhance both economic and moral development outcomes.
creator: Asep Asep
creator: Dedy Sukmana
creator: Rani Suryani
creator: Syafuddin Syafuddin
creator: Nurul Aisyah
rights: Copyright (c) 2026 Asep Asep, Dedy Sukmana, Rani Suryani, Syafuddin Syafuddin, Nurul Aisyah https://creativecommons.org/licenses/by-nc-sa/4.0
license: https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-03-31
publication date: 2026-03-31
volume: 10
number: 1
doi: 10.33650/jhi.v10i1.15233