Jurnal Kajian Hukum dan Sosial
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.
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<![CDATA[Sharing the Heritage of the Simalungun Batak Community: Realities and Implications ]]>
<![CDATA[Muhammad Zuhirsyan]]>;
<![CDATA[Pagar Pagar]]>;
<![CDATA[Ansari Yamamah]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3257
<![CDATA[This study aims to determine the pattern of implementation of the distribution of inheritance by the Muslim community of the Simalungun Batak tribe in North Sumatra in terms of the reality and implications involved. The research model in this study is qualitative, while the approaches used are fiqh muamalah and family law approaches. Data were obtained from in-depth interviews and field observations by observing the application of inheritance law in the Muslim community of the Simalungun Batak Tribe then analyzing the pattern of distribution and utilization of inheritance. The results of this study indicate variations in the pattern of implementation of the distribution of inheritance carried out by the Muslim community of the Simalungun Batak Tribe in North Sumatra. Some people are reluctant to sell heritage assets and choose to keep them to preserve culture. Some choose the inheritance distribution based on faraid law, deliberation, fair distribution, or rely on the provisions given by their parents during their lifetime. The division through deliberation can be done if it is not intended to conflict with Islamic inheritance law. It is also possible to divide the share for each heir with an equal share if it follows the instructions of the Islamic Compilation Law and takharruj instructions.]]>
<![CDATA[Akad al-Ijarah al-Mausufah fi al-Dzimmah in Sharia Banking in Aceh: A Study of Homeownership Finance ]]>
<![CDATA[Zubir Zubir]]>;
<![CDATA[Muhazir Muhazir]]>;
<![CDATA[Zulham Wahyudani]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3653
<![CDATA[This paper aims to analyze the al-Ijarah al-Mausufah fi al-Dzimmah contract model and its application to Islamic Banking. So far, the paradigm that has developed regarding homeownership financing contracts (PPR) is to use Murabahah or Musyarakah Mutanaqisah (MMQ) contracts. In practice, the results of housing built are often not by the previously agreed contract. This is a dilemma for Customers because, on the one hand, the down payment has been given, and the payment process has been carried out. In these conditions, applying the al-Ijarah al-Mausufah fi al-Dzimmah (IMFZ) contract is essential to protect the rights of Customers which have been neglected. The al-Ijarah al-Mausufah fi al-Dzimmah contract requires the cancellation of the contract from the Customer if the reality and the contract made with the Bank do not match. This research is non-doctrinal with a conceptual approach. The conceptual approach is used to analyze theoretically and practically the use of the al-Ijarah al-Mausufah fi al-Dzimmah contract. The study results show that Islamic Banking in Aceh has not used the IMFZ contract. This is because of first, the lack of understanding of the contract from both the Bank and the Customer; second, the tendency of the public and Banks to use Murabaha contracts than other contracts because Murabahah contracts are easier to understand and commonly used, so far; third, Banks and Developers will face more significant risks when using al-Ijarah al-Mausufah fi al-Dzimmah contracts than Murabahah and Musyarakah contracts. The IMFZ contract requires the Bank, Developer, and Customer to collaborate to supervise house construction to avoid default. Using the al-Ijarah al-Mausufah fi al-Dzimmah contract will minimize fraud and gharar committed by the Developer against the Customer. This article contributes to Customers and Banks in maintaining quality in housing finance which Developers often overlook. ]]>
<![CDATA[Imum Gampong Authority as Amil of Zakat According to Fiqh and Qanun of Aceh ]]>
<![CDATA[Safriadi Safriadi]]>;
<![CDATA[Muhammad Diah]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3743
<![CDATA[Imum Gampong has a share and role in amil of zakat. The research aims to determine the position of the Imum Gampong in amil of zakat as seen from the perspective of fiqh and qanun of Aceh. This research uses a descriptive analysis method with a qualitative approach. The results of this research indicate that in zakat management, according to fiqh, the Imum Gampong has the authority to determine, establish, and inaugurate zakat administrators (amil of zakat) at the village (gampong) level. In contrast, according to the qanun of Aceh, besides being given the authority to inaugurate the zakat administrator of the gampong (amil of zakat) at the village level, imum gampong can also act as amil of zakat itself so that the imum gampong is also entitled to ujrah (fees) of the asnaf of amil of zakat in addition to the salary from the government for the occupation. In fact, in Acehnese society, the imum gampong is part of the amil zakat, takes costs from the amil zakat part, and is entitled to fees of the asnaf of amil of zakat. Based on the two sources of law on the authority of the Imum Gampong, the position of the Imum Gampong in the fiqh perspective is narrower than the perspective of the Qanun of Aceh. According to the Qanun of Aceh, the Imum Gampong has four tasks in zakat management: appointing administrators, recording, collecting, and distributing zakat to zakat mustahiq. Recommend stakeholders to revise the provisions in the Aceh qanun to be adapted to the fiqh concept that is developing in Aceh province.]]>
<![CDATA[Money Laundering Crime in the Perspective of Islamic Law in the System of Proof ]]>
<![CDATA[Ariman Sitompul]]>;
<![CDATA[Arie Kartika]]>;
<![CDATA[Windy Sri Wahyuni]]>;
<![CDATA[Maswandi Maswandi]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3744
<![CDATA[This paper initiates the study of Islamic law related to the reverse proof system contained in Articles 77 and 78 in law number 8 of 2010 concerning the Prevention and Eradication of The Criminal Action of Money Laundering. In this study, the authors used qualitative methods to respond to the concept of fiqh life in Indonesia. The purpose of this study is related to the burden of proof reversed using the opinions of Islamic law, usul fiqh, and legislation. From the study results, the evidence to the contrary does not apply to all criminal cases but only to exceptional cases such as money laundering. Money laundering in Indonesia can be in the form of enrichment by illegal means. Islamic law in the development of law in Indonesia also minimizes the crime of criminal origin that develops and continues in money crimes from the influence of controlling illicit money that feels like halal money and also includes sanctions against perpetrators of crimes punished by Islam into national law.]]>
<![CDATA[Differences of Salat Time Recording: Analytical Contemporary Method of Kitab al-Khulashah al-Wafiyyah ]]>
<![CDATA[Ahmad Fadholi]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3784
<![CDATA[The discussion on calculating Islamic prayer (salat) times contained in the Kitab Khulashah has its characteristics. The calculation process of salat beginning times has referred to the triangular ball algorithm system. Besides, there are also daqoiqut tamkin corrections presented through tables and calculator calculation methods. This interesting calculation can be studied; how the transformation system of salat time coordinates and the accuracy level of the salat beginning times calculation results. This study uses a library research paradigm with a qualitative theory verification approach using an arithmetic approach, and the results are presented descriptively and then compared with similar methods. The results show that the coordinate transformation refers to the modern astronomical system, and the calculation system has used spherical trigonometry (spherical triangle). The calculation results differ from 0 to 3 minutes with contemporary methods. Differences in data and methods cause it. Suppose the calculation is using the contemporary method. In that case, there is a difference of 0 seconds to 12 seconds. This indicates that modifications to the contemporary calculation system will produce a more accurate calculation when the calculation is made.]]>
<![CDATA[The Right to Buyback in Murabahah Akad with the Ba'i al-Wafa' System Based on Maqashid Sharia ]]>
<![CDATA[Dyah Ochtorina Susanti]]>;
<![CDATA[Rahmadi Indra Tektona]]>;
<![CDATA[Siti Nur Shoimah]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3873
<![CDATA[The objective of this article is to find out whether the right to buy back under a murÄbaḥah akad with the bay’ al-wafÄ’ system is contrary to maqÄá¹£id al-sharÄ«a or not. MurÄbaḥah akad with the bay’ al-wafÄ’ system is a new type of contract resulting from modification. Applying akad optimally must contain benefits for the community by referring to the maqÄá¹£id al-sharÄ«a. This study uses a normative legal research method with a statute legal approach and a conceptual approach. This study resulted in the findings that the right to buy back in a murÄbaḥah akad with the bay’ al-wafÄ’ system is not contrary to maqÄá¹£id sharia because it provides benefits, profits, pleasure, benefit, and happiness for the parties (seller and buyer). MurÄbaḥah akad with the bay’ al-wafÄ’ system also has fulfilled 5 (five) main elements of realizing benefit, i.e., maintaining religion because it can keep humans from riba; nourish the soul, because sellers who get funds quickly and buyers who make a profit can use them to sustain their lives; maintaining the reason because the seller uses his mind to sell his products to the buyer to get funds to meet his needs, and the buyer uses his mind in seeking lawful sustenance (earning a profit) through the use of this akad; maintaining offspring, because will provide blessings and benefits for children, grandchildren, and their offspring; maintaining the property, because someone who has more assets (buyer) can use his wealth to help other people who need funds.]]>
<![CDATA[LARANGAN PERCERAIAN DALAM PERSPEKTIF HUKUM ADAT LAMPUNG ]]>
<![CDATA[Muhammad Yasir Fauzi]]>;
<![CDATA[Agus Hermanto]]>;
<![CDATA[Saiyah Umma Taqwa]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3920
<![CDATA[The people of Lampung have a paradigm that marriage is life and death, while divorce is forbidden because it will separate the two prominent families according to custom. This study aims to examine the paradigm of the Lampung indigenous people regarding the prohibition of divorce from the perspective of maqasid sharia. This qualitative field research has a socio-philosophical approach to reviewing maqasid sharia. While the primary data is by interviewing Lampung traditional leaders and communities, the secondary data is books and articles published about the prohibition of divorce in the indigenous people of Lampung. Philosophically, the people of Lampung have a life philosophy of pill pesenggiri (self-esteem) for the sake of maintaining the sacredness of the Lampung Pepadun traditional marriage, which is carried out according to religion and custom, so that divorce becomes a disgrace because it will lower family pride. However, this does not mean that it is absolute that divorce is an emergency exit, even though it is taboo by customary law. Meanwhile, historically, this customary prohibition law has been passed down by previous ancestors, which the indigenous people of Lampung preserved to protect their descendants (hifdzu nasl).]]>
<![CDATA[Trade of Debts Resulting from Financial Intermediation: Analysis from Sharia Perspective ]]>
<![CDATA[Abdulazeem Abozaid]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.3970
<![CDATA[The modern financial system encourages people to incur debts to fulfill basic needs and spend beyond one’s wants. The core of this system is based on interest, which results from the financial intermediation between creditors and borrowers. Regardless of the interest element prohibited in Islam, the notion of excessive debt creation through financial intermediation and trading the debt is very serious, as it may lead to global financial crises. The study seeks to address debt trading from a Sharia perspective and address the justifications and attempts by some institutions to validate debt trading despite its established prohibition in Sharia. To achieve the above, the paper employs qualitative research methodology, which adopts a textual analysis approach together with a review of the stands of the contemporary Fiqh bodies. The study finds that the excessive creation of debt through financial intermediation and its concentration in financial institutions poses a severe threat to the economy and carries the seeds of financial crises. Following debt creation and concentration, debt trading aggravates the situation. It pushes it beyond borders, whereas Sharia, through prohibiting debt trading, advocated thoroughly in the study, gives Islamic finance genuine immunity against financial crises.]]>
<![CDATA[Optimizing the Wukuf-”˜Arafah Time Determination Model According to the Governments of Saudi Arabia and Indonesia ]]>
<![CDATA[Nihayatur Rohmah]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.4839
<![CDATA[Eid al-Adha is a historic moment for Muslims not only in Indonesia but also for Muslims around the world. Based on astronomical reckoning data, it is known that determining the beginning of the month of Dzulhijja 1443 H is essential to have a difference. This is interesting to study because it has an impact on Muslims. For the government of Saudi Arabia, the Ummul Qura calendar is a civil calendar used for administrative purposes. Meanwhile, for the sake of worship, determining religious days in one of them determines that Ramadan, Shawwal, and Dzulhijja become the authority of the al-Qodi al-a'la assembly. The Government of Indonesia, through the Ministry of Religion as of Ramadan 1443 H, has used the MABIMS New Criteria in determining the beginning of the Hijriya month so that with the enactment of this new criterion, there is a difference in determining the time of Wukuf-Arafah between the Saudi and Indonesian Governments. Based on these differences in determination, two problem formulations want to be studied further. First, how do the Saudi and Indonesian Governments use the model/method in determining the time of wukuf-arafah, and secondly, for Muslims with differences in determining the time of wukuf-arafah? To answer the formulation of the problems, this study analyzes it based on the Ummul Qura Calendar system used by the Saudi Government and Imkanur rukyat with the new MABIMS criteria used by the Indonesian Government. One application of the new MABIMS criteria in Indonesia is the difference in Eid al-Adha between the Government of Indonesia and one of the religious mass organizations, Muhammadiyah. Another implication is that various polemics are developing in the community regarding whether or not fasting the Sunnah of Arafah is different from the determination of the day of Wukuf.]]>
<![CDATA[The Inception of SKB on Ahmadiyya: From State of Power to State of Law ]]>
<![CDATA[Mochamad Sodik]]>;
<![CDATA[Gufron Gufron]]>;
<![CDATA[B.J. Sujibto]]>
<![CDATA[ Justicia Islamica Vol 19 No 2 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo ]]>
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DOI: 10.21154/justicia.v19i2.4871
<![CDATA[The product of the law on Ahmadiyya, known as the SKB (Surat Keputusan Bersama) or Joint Ministerial Decree, bans them from conducting religious activities, has provoked a polemic and controversy. This article examines the socio-political process of the SKB and criticizes the essence of the state of the law by proposing the concept of limitation of power. Ahmadiyya adherents in Manislor, Kuningan, have become role models in responding to the dynamics of the SKB. Using a qualitative approach to understand the local voices and experiences deeply, the data were based on fieldwork and collected through observations, interviews, and documentation. This article found that (1) the SKB is a controversial political product since the birth of SKB was influenced by various political powers consisting of internal and external parties; (2) the current social situation of Ahmadiyya adherents in Manislor who fervidly initiated to overcome the conflict affected the dynamics of social actors in supporting the process of social integration within society; and (3) the limitation of the power of the government and state apparatus is crucial to avoid abuse of power in dealing with minorities. The limitation of local and national government power is required to obey the law, human rights, and other noble values originating from religious, moral, and ethical norms. ]]>
