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Pro Justicia: Jurnal Hukum dan Sosial
Published by Institut Agama Islam Riyadlotul Mujahidin Ngabar
ISSN : 28097696     EISSN : 28095510     DOI : https://doi.org/10.55380/projus.v5i01.1107
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Pro Justicia: Jurnal Hukum dan Sosial dalah jurnal terbitan prodi Hukum Keluarga Islam Fakultas Syariah Institut Agama Islam Riyadlotul Mujahidin Ngabar (IAIRM) Ponorogo yang memiliki fokus dan scope pembahasan mengenai isu-isu hukum dan sosial gender yang ada di masyarakat. jurnal ini terbit setahun 2 kali yaitu pada bulan Juni dan Desember.
Arjuna Subject : Umum - Umum
Articles 65 Documents
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Analisis Yuridis Normatif Pengasuhan Anak pada Pasangan Tunagrahita Perspektif Maqasid Al-Syariah dan Undang-Undang Perlindungan Anak Nomor 35 Tahun 2014 Andri Yurinta
Pro Justicia: Jurnal Hukum dan Sosial Vol. 6 No. 01 (2026)
Publisher : Institut Agama Islam Riyadlotul Mujahidin Ngabar (IAIRM) Ponorogo

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Abstract

This study examines the patterns and implications of child custody (hadhanah) practiced by intellectually disabled (tunagrahita) couples in Carangrejo Village, Ponorogo Regency, East Java, Indonesia. Employing a socio-legal qualitative field research design with purposive sampling, data were collected from three couples with intellectual disabilities through in-depth semi-structured interviews, participant observation, and document analysis (October 2023), triangulated with extended family members, neighbors, and local religious authorities. The theoretical framework integrates: (a) comparative hadhanah jurisprudence across the four major Sunni madhahib (Hanafi, Maliki, Shafi'i, Hanbali), with focus on ahliyyah al-ada' (legal capacity) and the conditions of the hadhinah (female custodian); (b) the maqasid al-shari'ah framework, specifically hifzh al-nasl (preservation of progeny) as elaborated by Al-Syatibi and Ibn 'Ashur; and (c) Indonesian Child Protection Law No. 35 of 2014, the Compilation of Islamic Law (KHI), and the UN Convention on the Rights of the Child (UNCRC) 1989. Findings reveal that all three couples adopt a permissive-indulgent parenting style as a structural consequence of their cognitive limitations, not a conscious choice. The quality of social support networks emerges as the strongest determinant of child developmental outcomes. From the hadhanah perspective, intellectual disability does not constitute absolute grounds for forfeiture of custody; rather, it necessitates a graduated ahliyyah assessment. This study proposes a maslahah-oriented Model Hadhanah Inklusif Berbasis Maslahah (MHIBM) comprising multidisciplinary parenting capacity assessment, formal recognition of shared/co-hadhanah with extended family, and state-supported parenting programs. Keywords: hadhanah; intellectual disability; tunagrahita; child custody; Islamic family law; maqasid al-shari'ah; child protection law; Indonesia
Perselingkuhan Menjadi Penyebab Perceraian dalam Rumahtangga Habibah Riza Azzahra; Indah Fatmawati
Pro Justicia: Jurnal Hukum dan Sosial Vol. 6 No. 01 (2026)
Publisher : Institut Agama Islam Riyadlotul Mujahidin Ngabar (IAIRM) Ponorogo

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Abstract

Infidelity can be a compelling reason for divorce due to a breach of trust in a marriage, but strong evidence is required to present it to the court. Infidelity also has emotional repercussions and can lead to more complex conflicts. Data from January to March 2025 shows that there were 800-900 divorce cases in the West Jakarta City Religious Court due to economic factors and infidelity. This is certainly interesting to study because the reasons for infidelity vary. This study aims to examine the underlying causes of infidelity in marriages and provide solutions for avoiding this heinous act. Furthermore, the research was conducted using a literature review method with a case study approach, and the analysis was descriptive. From this analysis, it can be concluded that infidelity is a strong reason for divorce, with various reasons, and the solution to avoiding infidelity is to strengthen communication and romance in the relationship.
Childfree sebagai Hak Reproduksi: Analisis Perspektif Hak Asasi Manusia dan Gender Islam Arya Deny Widiyanto; Firdaus Jauhar Wicaksono
Pro Justicia: Jurnal Hukum dan Sosial Vol. 6 No. 01 (2026)
Publisher : Institut Agama Islam Riyadlotul Mujahidin Ngabar (IAIRM) Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55380/projus.v6i01.1383

Abstract

The childfree phenomenon of living has become increasingly prominent as part of broader social transformations regarding the meaning of family and reproductive rights. The decision not to have children constitutes a deliberate choice that often generates public debate, particularly in societies that continue to regard offspring as a core cultural and religious value. From a human rights perspective, the decision to have children or to remain childfree falls within the domain of individual rights protected by law. No legal provision mandates that couples must produce offspring. Within the framework of Islamic gender perspectives, reproductive rights are recognized as a shared responsibility between husband and wife. Islam affords women the space to refuse pregnancy as a means of safeguarding their well-being, health, and the biological and psychological burdens associated with reproduction. This study concludes that the choice to remain childfree is permissible within both Islamic teachings and human rights law, provided that the decision is made through mutual agreement between partners, supported by careful consideration, and grounded in full awareness of the responsibilities that accompany such a choice.
Rekonstruksi Hukum Poligami Tidak Tercatat di Indonesia: Model Pengakuan Bersyarat sebagai Jalan Tengah Keadilan Keluarga Muhammad Akmal Apriliansyah
Pro Justicia: Jurnal Hukum dan Sosial Vol. 6 No. 01 (2026)
Publisher : Institut Agama Islam Riyadlotul Mujahidin Ngabar (IAIRM) Ponorogo

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Abstract

The practice of unregistered polygamy in Indonesia continues to escalate, leaving a legal vacuum that has systemic impacts on the vulnerability of wives and children. This phenomenon is often justified through a reductionist understanding of religious texts to bypass the rigidity of judicial bureaucracy. This study aims to analyze the disparity between formal regulations and the sociological reality of polygamy, as well as to formulate a just legal policy. Employing a qualitative approach with the analytical framework of maqashid al-shariah (the fundamental objectives of Islamic law), this study deconstructs the meaning of justice in polygamy by strictly separating the capacity to fulfill material rights from human affective limitations. The results confirm that the absence of polygamy legality perpetuates gender relational inequality and triggers structural poverty due to the loss of children's civil status. To bridge the discursive polarization between abolitionists demanding total criminalization and permissive groups, this research formulates a "Conditional Recognition Model" as an alternative solution. This model integrates three policy pillars: the certainty of children's civil rights through biological evidence, the application of deterrent sanctions for perpetrators, and the measured obligation of marriage legalization (isbat nikah). In conclusion, policy reconstruction through this model is able to harmonize legal certainty with substantive justice, thereby ensuring equality and the protection of fundamental human rights within the Islamic family law system in Indonesia.
Akurasi Arah Kiblat Berbasis Google Maps dan Global Positioning System Smartphone: Kajian Ilmu Falak terhadap Praktik Penentuan Kiblat Masyarakat Urban Andy Litehua
Pro Justicia: Jurnal Hukum dan Sosial Vol. 6 No. 01 (2026)
Publisher : Institut Agama Islam Riyadlotul Mujahidin Ngabar (IAIRM) Ponorogo

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Abstract

The advancement of digital technology has given rise to a new tendency among urban communities in determining the Qibla direction, namely through Google Maps and the Global Positioning System compass feature on smartphones. This article aims to examine the accuracy level of this method compared to the classical hisab method based on spherical trigonometry used in the science of falak. This research employs a Systematic Literature Review (SLR) approach following the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) protocol, comprising the identification, screening, eligibility, and included stages, to ensure a transparent and replicable literature selection process. The search was conducted across Google Scholar, Garuda, Moraref, and Scopus databases, yielding 86 initial records that were screened down to 21 articles meeting the inclusion criteria for thematic analysis and synthesis. The study results indicate that Google Maps essentially calculates direction based on the great circle formula, which is in principle consistent with the Qibla azimuth in falak science. However, its field accuracy is influenced by several technical factors, namely magnetometer sensor calibration, local magnetic field interference, Global Positioning System receiver precision, and user device placement errors. The tolerance for Qibla deviation due to minor angular errors is generally still acceptable under fiqh, but the combination of several error sources may result in significant deviation if not re-verified using the rashdul Qibla method or conventional falak measuring instruments. This research recommends the use of digital applications as a preliminary tool rather than a sole method, which needs to be combined with astronomical verification to ensure the validity of the Qibla direction of places of worship.

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