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Contact Name
Lukman Santoso
Contact Email
justicia@uinponorogo.ac.id
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+6285643210185
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justicia@uinponorogo.ac.id
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Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
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Kab. ponorogo,
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INDONESIA
Jurnal Kajian Hukum dan Sosial
Published by UIN Kiai Ageng Muhammad Besari Ponorogo
ISSN : 16935926     EISSN : 25027646     DOI : 10.21154/justicia
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and issues related to comparative legal systems and constitutional law in Muslim-majority countries.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 1 No 1 (2004)" : 6 Documents clear
Kharaj dan Agraria: Studi Komparasi Sistem Kharaj Masa Awal lslam dan Agraria di Indonesia Aji Damanuri
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to compare the kharaj system in early Islamic times with the agrarian system in Indonesia to understand the similarities and differences in land management and agricultural taxes. The method used is juridical-historical research with a comparative approach through a literature study of classical Islamic sources and agrarian regulations in Indonesia. The results of the study show that kharaj is a land tax system applied in early Islamic rule to regulate land ownership and utilization, while the Indonesian agrarian system is based on the concept of customary rights and modern regulations such as the Basic Agrarian Law (UUPA). Although it has the principle of fairness in land distribution, the kharaj system is more oriented towards state revenue, while Indonesian agrarian law emphasizes the welfare of the people. This study recommends integrating the principle of kharaj justice into modern agrarian policy.
Penyelesaian Sengketa Alternatif Dalam Perselisihan Perdata: Suatu Rekomendasi Pembaharuan Hukum Formal Yang Responsif Aries Isnandar
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to explore the effectiveness of alternative dispute resolution (ADR) in handling civil disputes and formulating recommendations for formal legal reform that is more responsive to the needs of the community. The research method used is normative juridical with a legislative approach and conceptual analysis. Data was obtained through a literature study that included legislation, court decisions, and related literature. The results of the study show that ADR mechanisms, such as mediation and arbitration, have great potential to resolve disputes more quickly, efficiently, and fairly than litigation. However, limitations in regulation and implementation are still obstacles. Therefore, more adaptive formal legal reforms are needed, including enhancing the role of judges in promoting ADR and harmonizing procedural rules to strengthen its effectiveness in the Indonesian legal system.
Wali Nikah dan Kebebasan Perempuan: Studi Komparatif Hukum Keluarga Malaysia, Maroko, Tunisia dan Syiria Miftahul Huda
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to compare the concept of guardian and women's freedom in family law in Malaysia, Morocco, Tunisia, and Syria. The method used is normative juridical research with a comparative law approach through the analysis of marriage laws in the four countries. The results show that Malaysia and Syria still maintain the obligation of a guardian for women, with certain limitations in granting permission. Meanwhile, Morocco provides flexibility by allowing adult women to marry without a guardian, while Tunisia completely abolishes the role of the marriage guardian as a condition of marriage. These differences reflect variations in the interpretation of Islamic law and state policies on women's rights in marriage. This study emphasizes that women's freedom to choose a spouse must maintain a balance between the principles of Islamic law and human rights.
Konsep Hak Milik Menurut Islam, Kapitalis dan Sosialis: Sebuah Komparasi Subroto Subroto
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to compare the concept of property rights in the perspectives of Islam, capitalism, and socialism in order to understand the fundamental differences and their implications in the economic and legal systems. The method used is normative juridical research with a comparative law approach. Data were obtained through a literature study that included religious literature, economic theory, and related regulations. The results showed that in Islam, property rights are individual but limited by social interests and justice. Capitalism emphasizes private ownership without significant restrictions, while socialism emphasizes collective ownership for the sake of social equality. This comparison reveals that the Islamic system offers a balance between individual ownership and the public interest, in contrast to the extreme approaches of capitalism and socialism. Therefore, the concept of property rights in Islam has the potential to become a fairer alternative model for resource management.
Pemikiran Politik dan Kenegaraan Hasan Al Turabi dan Mahmoed Mohammed Thaha Muhibbin Zuhri
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze and compare the political thoughts and concepts of statehood of Hasan al-Turabi and Mahmoed Mohammed Thaha, two Muslim intellectual figures who have different views on Islam and politics. The method used is qualitative research with a descriptive-analytical approach and a comparative study of the works and ideas of both. The results show that al-Turabi emphasizes Islam as the basis of a modern and inclusive political system, while Thaha proposes a reinterpretation of Islamic teachings with a progressive and humanist approach. Their thoughts reflect differences in seeing the relationship between religion and the state, with al-Turabi supporting the integration of Islam in politics, while Thaha emphasizes separation to achieve social justice. This study provides new insights into the dynamics of Islamic political thought and its relevance in the contemporary political context.
Hikmah Dalam Perspektif Pembinaan Hukum Islam Moh Hasyim
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the concept of wisdom in Islamic law and its implications for the formulation of fair and contextual law. The method used is normative juridical research with a conceptual approach and analysis of the main sources of Islamic law, such as the Qur'an, Hadith, and the thoughts of scholars. The results of the study show that the wisdom of Islamic law does not only refer to discretion, but also to the purpose of the law (maqāṣid al-sharī'ah) which emphasizes the interests of the community. The principle of wisdom plays a role in the flexibility of Islamic law so that it can be applied in accordance with the times without losing the essence of sharia. Therefore, in the development of Islamic law, an approach is needed that balances normative texts and social needs in order to create a more responsive and equitable legal system.

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