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Lukman Santoso
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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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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 10 Documents
 1 
Search results for , issue "Vol 18 No 2 (2021)" : 10 Documents clear
Gender Construction in the Perspective of Living Fiqh in Indonesia Arifah Millati Agustina
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.2488

Abstract

This article aims to comprehensively explain the uniqueness of the emergence of gender issues in Indonesia and contribute to the development of Islamic law in terms of the discovery of Islamic legal products, and introduce local culture underlying the forming of laws depending on place and era, including gender issues, where western and eastern cultures certainly differ in various sides. Living fiqh on gender is a term for responding to women’s issues through interpretation, considering Indonesia’s local culture. Living fiqh is a term for strengthening Islamic legal products, prioritizing the principle of locality. This study used a qualitative method to respond to the concept of living fiqh in Indonesia. The first step in this research was to explore the genealogy of gender issues in Indonesia compared to the history of gender issues in the West. After that, the differences in the causes of gender issues in Indonesia and the West were classified. Finally, the products of fiqh on gender in Indonesian madzhab were found. In this article, the author argues that the products of fiqh on gender in Indonesia have relations with Indonesian culture. Besides, fiqh on gender in Indonesia emerged from the women activists’ anxiety against discrimination in marriage and rules. Fiqh on Indonesian madhab contributes to minimizing gender inequality that emerged massively after strengthening colonialism and the influence of transnational Islam, changing the interpretation of the scripture and madhab fanaticism.
Discourse of Substitute Heirs in the Indonesian Heritage Legal Practice: Comparative Perspective Nawir Yuslem; Mhd. Yadi Harahap; Suarni Suarni
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.2522

Abstract

This article examines substitute heirs in Islamic and civil code inheritance laws. In Islamic inheritance law, substitute heirs are regulated based on the provisions of the Islamic Law Compilation in Article 185, stating that if the heirs die, their inheritance rights are given to their children. In the civil code, substitute heirs are regulated based on articles 841-848, with provisions covering the replacement of rights and obligations such as the replaced person’s life. This research relies on two questions: what are the substitute heir concepts according to Islamic and civil code inheritance laws? Moreover, how is the comparison of substitute heir concepts based on Islamic and civil code inheritance laws? This study aims to analyze the existence of substitute heirs in Islamic and civil code inheritance laws. To answer both questions, this research employed a normative juridical method, with an approach to laws, cases, comparisons, and conceptual approaches, including conceptual theories and ideas regarding the substitute heir concept from the perspective of Islamic and civil code inheritance laws. This study finds that Islamic inheritance law is based on the Qur’an and hadith, mentioning that the share of the substitute heirs is not the same as that of the replaced heirs. In contrast, according to civil law, the share of the substitute heirs is similar to that of the replaced heirs. Furthermore, this study contributes significantly to realizing benefit, peace, and justice in the distribution of inheritance.
Developing Halal Tourism Guidance in Indonesia Based on Maqashid al-Shari'a Approach Haerul Akmal; Setiawan bin Lahuri; Mohammad Ghozali; Nurizal Nurizal
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.2650

Abstract

The increase in the tourism sector in the world, including Indonesia, which has various lands and cultures, will captivate tourists’ attention. On the other side, with the majority Muslim population, Indonesia should keep its culture and tradition within the Islamic framework. This paper aims to develop Halal tourism in Indonesia by employing the Maqashid al-Sharia approach in four sectors: hotel, restaurant, tour, travel, and SPA. These sectors are the point of development of Halal tourism in Indonesia based on the Ministry of Tourism and Creative Economy regulation. This study explored the theories related to the five universals of Maqashid al-Sharia, including preserving din (religion), life, intellect, descendants, and wealth. The analysis results indicate that if the four sectors are used in the five universals of Maqashid al-Sharia, implementing Shariah tourism is about the Shariah label and the substance of the objectives. This study guides the development of halal tourism in Indonesia based on Islamic teachings, that is, al-Kulliyyat al-Khams on Maqashid al-Sharia.
Punishment of Criminal Act of Accusing Adultery (Qadzaf) in Indonesian Positive Law: Perspective of Maqasid al-Sharia Sudarti Sudarti; Ainun Najib
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.2711

Abstract

Amid the hectic new social space (virtual space), mediated reality, and an era of disruption, the truth of information spread via media is hard to determine, especially with the outbreak of hoaxes that have become a trending issue in the past few decades. Hoaxes are a virtual crime, an act committed via the spread of false stories. Hoaxes can be in the form of accusations of another person committing an immoral act and defamation (assassination character), in this case, accusing another person doing adultery. The author argues that the issue of the criminal act of accusing adultery (qadzaf) in positive Indonesian law is significant to be studied since provisions of positive Indonesian law, as stated in the Criminal Code, do not specifically discuss the criminal act of accusing adultery (qadzaf). This study aimed to analyze the problem of the criminal act of accusing adultery (qadzaf) in positive law by using maqasid al-Sharia. The study is library research conducted by examining materials from the main book relating to problems and other supporting qualitative research studies. This research employed a descriptive-analytical method by describing the legal materials obtained, and then they were analyzed using Maqasid al-Sharia. The research results showed that punishment for the perpetrator of a criminal act of accusing adultery (qadzaf) as regulated in Article 310 paragraph (1) of the Criminal Code is a maximum imprisonment of nine months and or a maximum fine of four thousand and five hundred rupiahs. The aspect of darÅ«riyyāt about punishment for perpetrators of accusing adultery (qadzaf) is the protection of honor (ḥifz al-”˜ird). This aspect relates to everyone’s honor, which must be protected. Through the legislative institution, a country needs to reconstruct the Criminal Code into a better law, such as revising a particular chapter that has not fulfilled a sense of justice in eradicating crime very disturbing since a policy must righteously be able to settle the societal problems. Based on the changes in law, following the development of social life and technology today is inevitable.
The Study of Australian Government Policies on Maqasid al-Sharia Perspective M. Noor Harisudin
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.2772

Abstract

This article discusses the Australian government policies from the perspective of Maqasid al-Shari’a. The performance of policies focusing on the study is traffic laws, taxes, the environment, and anti-domestic violence. In several literature pieces, Maqasid al-Shari’a is defined as the purpose, objective, and secret set by Allah SWT in every Sharia law. Maqasid al-Shari’a is “Allah's goal (Shari) in making law.” In addition to being ”˜ammah (general), khassah (unique), and juz’iyah (parts), in Islam, Maqasid al-Shari’a is based on five main points as follows: protecting religion, protecting the soul, protecting reason, protecting property, and protecting descendants. After conducting in-depth interviews with several informants, books, and journals and tracing the laws on traffic, tax, environment, and anti-domestic violence in Australia, the conclusion is that the Australian government policies are based on Maqasid al-Shari’a in one part. However, it is not a country based on religion or Sharia, in the other part. Australia is a liberal country providing freedom for its citizens to have faith or no belief. However, in several other respects, it appears that the Australian government’s policies are against the Maqasid al-Shari’a, such as the ability to drink heavily in limited spaces, the life of same-sex marriages, and so on. This article is critical in developing policy studies of non-Islamic countries from the Maqasid al-Shari’a perspective. 
A Concept of Islamic Notary as Registrar on Sharia Contract: al-Muwaththiq Perspective Iza Hanifuddin; Moh. Ihsan Fauzi
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.2887

Abstract

Public notary officials are authorized to make authentic deeds. The notary’s deeds are significant for business activities, including Sharia contracts in Sharia banking. The notary paradigm derived from conventional concepts is undoubtedly different from the concept of sharia banking based on sharia principles. Thus, notaries often do not know these principles unless they only concern the contract's validity, which is still conventional. This research aimed to answer the void of Sharia notary law. Islam has the concept of al-Muwaththiq, similar to a notary mainly requiring personality and expertise, especially related to Islamic law. On the other hand, Law Number 2 of 2014 concerning Notary Official Changes also becomes a notary basis in every operation, including contracts in Sharia banking. This research employed library study approaches to explore the notaries’ competence in the concept of al-Muwaththiq. The results and discussions showed that notaries making authentic deeds in Sharia banking must have sharia competence as excavated from the concept of al-Muwaththiq since their incompetence will impact Islamic law validity. Moreover, Notaries must also follow the applied positive rule of law because Sharia banking, as a sub-system of national banking, is also subject to state-regulated regulations.
Epistemology of Islam Nusantara: Transformation of Islamic Legal Thought in Nahdlatul Ulama (NU) Luthfi Hadi Aminuddin; Isnatin Ulfah
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.3095

Abstract

The term Islam Nusantara has created pros and cons among Islamic leaders in Indonesia. For Nahdlatul Ulama (NU), Islam Nusantara is not a new teaching or sect in Islam, so there is no need to worry. Meanwhile, other groups think that the term Islam Nusantara will reduce the universality of Islam. Therefore, this study focuses on NU’s concept of Islam Nusantara and its application and epistemological construction of Islam Nusantara. This study found that Islam Nusantara is Islam practiced in Indonesia with the epistemological basis of maqāşid al-sharÄ«a, manhaj al-fikr ahl al-sunnah wa al-jamā’ah, and al-”˜urf. The epistemological foundation resulted in the typical ijtihad of Islam Nusantara. In the field of constitutional law, the results of the ijtihad Islam Nusantara gave birth to the concept that Indonesia is a peaceful country (dār al-ÅŸulḥ or dār al-salām). Meanwhile, in social, cultural, and religious realms, the epistemology of Islam Nusantara gave birth to the tradition of halal bi halal and tahlilan. In the circumstances of fiqh, there are several results of ijtihad, such as imsāk (holding all things that may be breakfast 10 minutes before Shubuh prayer). 
The Dialectics of Islamic Law and Customary Law on Marriage Concept of Javanese Muslim in Malaysia Fitri Rafianti; Arik Dwijayanto; Azharuddin Mohd Dali
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.3126

Abstract

In Malaysia, customary law, especially marriage, should follow Islamic laws. Customary law should not conflict with Islamic law. On the contrary, the Muslim community of Javanese descent in Malaysia can combine customary and Islamic laws balanced. They maintain Javanese marriage traditions by harmonizing Malay customs and Islamic marriage laws, such as rewang (helping each other), slametan (praying together), tunangan (engagement), ijaban (wedding), and nyumbang (donating).  To contribute to previous studies, this article aims to critically examine the debate between customary and Islamic laws regarding the marriage tradition of the Javanese Muslim community in Selangor and Johor, Malaysia. The analysis results show that the debate of customary and Islamic laws concerning the concept of marriage for the Javanese Muslim community in Malaysia encourages negotiations so customs in harmony with Islamic law can be maintained and conflicting traditions can be abandoned. The debate between customary and Islamic laws in the marriages of Javanese Muslim communities in Malaysia is closely related to social, economic, and traditional symbols of carrying out religious teachings, strengthening solidarity, and preserving tradition. 
Tarjih Maqasidiy for the Placement of Terrorist Convicts in East Java Dwi Aprilianto; Farida Ulvi Na'imah
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.3156

Abstract

Prisons have contributed significantly to the deradicalization process and served as a machine for positive changes for terrorist convicts. On the other hand, instead of isolating and making terrorist convicts repent, public prison is ideal for spreading radicalism understanding. Public prisons cannot prevent terrorist convicts from disseminating their extreme views. This research answered the pros and cons of placing terrorist convicts in public prisons or special prisons containing kindness, maslahah, and targets. This empirical research was processed descriptively. Data was collected through field research in Class I Prison in Surabaya and Class II Prison B in Lamongan through a phenomenological approach, interpretive paradigm, and analysis of Tarjih maqasidiy. This study concluded that the placement of terrorist convicts alongside non-terrorist convicts in public prisons caused more substantial damage (mafsadah arjah) than gathering terrorist convicts in one particular prison by taking the lighter one out of two mafsadah, mafsadah of radical doctrine, recruitment networks, and mafsadah of giving a chance for consolidation to terrorist convicts. This research answered the problem of placing terrorism convicts and formulated an efficient, effective, and targeted policy basis for terrorism convicts.
The Formulation of Islamic Bank Performance Based on Contemporary Maqasid al-Sharia Luhur Prasetiyo; Khusniati Rofiah
Justicia Islamica Vol 18 No 2 (2021)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v18i2.3163

Abstract

The current measurement of the performance of Islamic banks is more on financial performance. Islamic banks have two significant roles different from conventional banks: business and social. Financial performance evaluates the business role of Islamic banks. Meanwhile, the social role of Islamic banks has not yet received an equal portion of the measurement. This article proposes an Islamic bank performance measurement system based on Sharia economic goals. This formulation is necessary to adjust the performance assessment of Islamic banks based on Islamic economic goals. By using content analysis, this research used the contemporary Maqasid al-sharia approach. To formulate a measurement of the Islamic bank performance based on the roles and objectives of Islamic economics, contemporary maqasid al-sharia was employed as the construction basis. Based on the contemporary maqasid al-sharia, the Islamic bank's performance formulation can be broken down. Then, factors in assessing Islamic bank performance can be determined on financial and social aspects. Thus, Islamic banks are in line with the goals of Islamic economics, fighting for justice and the welfare of the community (falah), the objectives of sharia (maqasid al-sharia), and the primary goal of Islamic law (masalih al-'ibad).

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