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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 7 Documents
 1 
Search results for , issue "Vol 2 No 2 (2005)" : 7 Documents clear
Pro-Kontra Poligini Dalam Islam: Upaya Menemukan Titik Tengah Ansor M. Rusydi
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the debate on polygyny in Islam and to find a middle ground in its understanding. The method used is qualitative with a descriptive-analytical approach, through a literature review of classical and contemporary Islamic legal sources. The results show that polygyny in Islam has a sharia basis, but with strict conditions of justice. The pro opinion emphasizes the legitimacy of polygamy as part of Islamic teachings, while the counter party sees it as a practice that can harm women. In the modern context, reinterpretation is carried out to adapt this practice to the principles of justice and family welfare. This study confirms that a middle ground can be found by understanding polygamy as a conditional option and not as the main norm in marriage, so that it remains in accordance with the maqashid sharia which emphasizes justice and benefit.
Kontroversi HAM dan Budaya Marsudi Marsudi
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the controversy between human rights and culture, especially in the context of differences in universal values and local wisdom. The method used is qualitative with a descriptive-analytical approach, through a literature review of international human rights documents, cultural theory, and cases that reflect the clash between human rights and local traditions. The results showed that tensions between human rights and culture arise due to differences in perspectives in interpreting individual rights and social norms. On the one hand, human rights emphasize equality and universal freedom, while culture is often based on diverse community values. This study emphasizes that a dialogical and contextual approach is needed to bridge these differences, so that the application of human rights can be aligned with cultural dynamics without neglecting the principles of justice and humanity.
Tinjauan Normatif Ekonomi Islam Terhadap Perjanjian Leasing Syamsul Arifin AR
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine leasing agreements from an Islamic economic perspective based on sharia principles. The method used is qualitative with a normative juridical approach, through a literature analysis of Islamic law, fatwas from scholars, and regulations related to leasing in the Islamic economic system. The results of the study show that leasing (ijarah muntahiyah bit tamlik) is justified in Islam if it fulfills the principles of justice, transparency, and does not contain elements of usury, gharar, and dzalim. In practice, some forms of conventional leasing still contain elements that contradict sharia, such as interest and unclear contracts. Therefore, a sharia-based leasing model is needed that is more in line with sharia maqashid to create a fair and sustainable economic system.
Investasi Dalam Kacamata Islam Subroto Subroto
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of investment in the Islamic perspective and the principles that distinguish it from conventional investment. The method used is qualitative with a normative-descriptive approach, through a literature review of Islamic law, fatwas from scholars, and sharia investment regulations. The results show that investment in Islam must be based on the principles of fairness, transparency, and freedom from the elements of usury, uncertainty, and chance. Investment instruments that are sharia-compliant include sharia stocks, sukuk, and mudharabah, which emphasize the fair distribution of risk and profit. This study emphasizes that sharia-based investment is not only oriented towards financial gain, but also pays attention to the ethical aspects and the interests of the community, thus creating a more stable and equitable economic system.
Urgensi Aspek Pidana Dalam Mengawal Aktivitas Pasar Modal Munawir Munawir
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the role of criminal aspects in overseeing capital market activities to create a fair and transparent system. The method used is qualitative with a normative-juridical approach, through a literature review of capital market legal regulations and cases of violations that have occurred. The results show that criminal instruments have an important role in preventing and prosecuting violations, such as insider trading, market manipulation, and the dissemination of misleading information. The application of criminal sanctions in capital market regulations aims to increase legal certainty, protect investors, and maintain economic stability. This study confirms that strengthening criminal aspects, including more assertive law enforcement, is necessary to create a healthier, more integrated, and sustainable capital market.
Konsep Politik Kenegaraan Dalam Islam: Studi Analisis Tentang Pemikiran Politik al-Ghazali Mursyidi Ridwan
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of state politics in Islam based on the thought of al-Ghazali. The method used is qualitative with a descriptive-analytical approach, through a literature review of al-Ghazali's main works, especially Al-Tibr al-Masbuk and Ihya' Ulum al-Din, as well as other references that discuss his thoughts. The results of the study show that al-Ghazali views politics as an instrument for upholding justice and maintaining social order within the framework of sharia. He emphasizes the importance of a close relationship between religion and the state, where the leader must have moral legitimacy and be responsible for the welfare of the people. This study confirms that al-Ghazali's political thought remains relevant in the discourse of contemporary Islamic politics, especially in the context of leadership based on Islamic ethics and values.
Gerakan Jender Dalam Islam: Kesetaraan Relasi Perempuan dan Laki-laki menurut al-Qur'an Evi Muafiah
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of gender equality in Islam based on the perspective of the Qur'an. The method used is qualitative with a thematic interpretation approach, through a literature review of Qur'anic verses, hadiths, and classical and contemporary scholars' thoughts on the relationship between women and men. The results showed that the Qur'an emphasizes the principle of equality in rights and responsibilities between men and women, despite contextual differences in roles. The concept of gender justice in Islam is oriented towards a balance of rights and obligations without demeaning either party. This study emphasizes that the gender movement in Islam must be based on the values of the Qur'an and Islamic objectives, thus producing harmonious and fair relationships in social life.

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