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Lukman Santoso
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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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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 22 No 1 (2025)" : 10 Documents clear
Reassessing Tajdid al-Nikah: Maqasid al-Shariah and Legal Status of Illegitimate Children in Central Lombok Doni Azhari; Asmuni Asmuni; Khoiruddin Nasution
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.7343

Abstract

The practice of tajdid al-nikah (renewal of marriage) within the framework of Maqhasid Sharia presents significant issues in Islamic law, particularly concerning legitimizing the lineage (nasab) of children born outside of marriage. In Islamic law, a couple involved in adultery can validate their relationship post-birth of a child through tajdid al-nikah to establish legal paternity. Although this practice aims to fulfill maqasid al-shariah objectives, such as preserving religion and lineage, it introduces various social, ethical, and legal challenges. This study aims to evaluate the social, moral, and legal ramifications of tajdid al-nikah and assess its alignment with the core principles of maqasid al-shariah, namely, the preservation of religion, lineage, intellect, and property. Additionally, it examines local perceptions in Central Lombok regarding tajdid al-nikah and the Islamic understanding of children born outside of marriage. The research employs a combination of literature review, field investigations, document analysis, and interviews with Islamic law experts and local religious leaders, using an analytical descriptive method grounded in Islamic legal principles. The findings reveal the complexities associated with tajdid al-nikah. While the practice supports maqasid al-shariah goals such as preserving lineage and religion, issues such as the ambiguity in confirming legitimate lineage and potential social repercussions highlight the need for further study. This research advocates for continued exploration and discussion on how tajdid al-nikah can be effectively integrated within an Islamic legal framework that respects maqasid al-shariah values, justice, legal certainty, and social welfare.
Maqashid Syariah dan Fatwa MUI: Dampak Prohibisi Salam Antaragama terhadap Keseimbangan Keluarga dan Keharmonisan Multireligius: Maqasid al-Shariah and its Implications for Multicultural Families in Indonesia Encep Taufik Rahman; Muharir Muharir; Hisam Ahyani; Nurul Ilyana Muhd Adnan
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.9661

Abstract

The fatwa issued by the Indonesian Ulema Council (MUI) on the prohibition of interfaith greetings by Muslims has triggered significant discourse in the context of Indonesia's religiously and culturally plural society. This research aims to analyze the theological basis of the fatwa and its socio-cultural implications, especially in the context of multicultural families, through the maqasid syariah approach. Using a qualitative method based on content analysis, this research examines fatwa documents and related literature that discuss Islamic legal theory and interfaith social dynamics. The results show a tension between the principle of hifz al-din (protection of religion) and the goals of adl (justice) and maslahah (public welfare), especially since the implementation of this fatwa has the potential to cause emotional tension, social fragmentation, and decreased cohesion in interfaith families and communities. This study confirms that a normative and rigid theological approach, if it does not consider socio-cultural realities, can hinder efforts to build interfaith harmony. Therefore, a contextual and dialogical approach is needed in the stipulation of fatwas so that they are in line with the lived experience of Muslims in pluralistic societies. These findings provide conceptual and practical contributions to the development of Islamic fiqh that is more inclusive and adaptive to social diversity in Indonesia.
A Judge's Response to the Phenomenon of Indonesian Legal Pluralism: The Compartmentalization of Law on Divorce Case of Sasaknese Marriage Murdan Murdan
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.9818

Abstract

The legal plurality in a civil and plural society, such as Indonesian, is necessary. Today, Indonesians practice state law and are subject to religious and customary law. The Sasaknese live in Indonesia's state territory, which requires them to submit to Indonesian state law. In contexts of ethnicity and local civilization, they need the pursuance of Sasak customary law, and in the context of Muslims, they need the subservience of Islamic law. These three laws have rules regarding marriage law, tradition, and culture. This article will discuss and deal with the response of the state officer and the Praya Religious Court in Lombok Island in the case of Sasaknese divorce. The approach is socio-legal studies and the theory of legal compartmentalization. A methodological study of this article deals with juridical-normative-empirical analysis. The critical point explored in this article is the attitude of legal compartmentalization as an essential response from judges in seeing the phenomenon of legal plurality in the Sasak society. The judges adopted legal compartmentalization to provide justice, and protection, and balance rights and obligations between men/husbands and women/wives in a family.
Syariat in Action: Assessing the Impact of Jinayat Law on Social Order in Aceh Bastiar Bastiar; Bukhari Bukhari; Anwar Anwar; Iswandi Iswandi; Mowafg Abrahem Masuwd
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.9913

Abstract

This research aims to examine in depth how the application of Qanun Jinayat in Aceh affects the dynamics of social order in the community. With a qualitative approach based on case studies, this study explores the perceptions of various community groups including religious leaders, law enforcement officials, and vulnerable groups to understand the effectiveness, challenges, and social impacts of the implementation of sharia-based law. Data was collected through in-depth interviews, field observations, and focus group discussions in four strategic areas of Aceh, and then analyzed thematically with the help of ATLAS.ti software. The results of the study show that although the jinayat law contributes to a reduction in moral offenses such as gambling and alcohol consumption, its implementation is not uniform and still faces various obstacles, both technical, social, and legal. Concerns about discriminatory treatment of women and minority groups are also a major concern. Therefore, it is recommended that there be harmonization between qanun and national law and the strengthening of protection for vulnerable groups, so that the application of this law can take place fairly and inclusive in order to maintain social stability in Aceh.
Rethinking Marriage Guardians for Widows in Indonesia : Perspective of Legal Certainty and Maslahah Theory Ahmad Suryana; Khoirul Hidayah; Muhammad Muhammad
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.9990

Abstract

The issue of marriage guardianship (wali nikah) for widows remains crucial in Indonesia.  BPS 2022 data shows over 13 million widows (cerai mati) and 2.7 million divorced women (cerai hidup). He absence of explicit regulation in Article 14 of KHI creates legal uncertainty, often leading widows to unregistered marriages (nikah sirri), risking their legal protection and rights. It is at this point that the study of this article aims to examine more deeply the stipulation of the “marriage guardian” requirement for widows in the Compilation of Islamic Law, reviewed according to the theory of legal certainty and benefit. At the same time, this article also aims to identify and analyze the form of reformulation of the provisions of marriage guardianship for widows according to the theory of legal certainty and legal benefit. The research method used in this article is a qualitative prescriptive method with a normative juridical approach, utilizing legal interpretation and literature review. The findings indicate that Article 14 of the Compilation of Islamic Law does not explicitly regulate the marriage guardian for widows, causing legal uncertainty and increasing unregistered marriages (nikah sirri), which result in unclear legal status and administrative obstacles. The study recommends the reformulation of clear and fair provisions affirming the widow's authority in marriage, ensuring legal certainty and alignment with the principles of Islamic law and national legal norms. The contribution of this article lies in offering a specific legal reformulation of Article 14 of the KHI regarding the marriage guardian for widows.
The Legal Responsibility of the General Elections Commission in the 2024 Election Data Leak: Integration of Personal Data Protection Laws and the Principle of Sadd al-Dharī‘at Siti Nur Syifa; Muhammad Torieq Abdillah; Fadil SJ
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.10390

Abstract

Indonesia’s transition to digital governance has amplified the urgency of personal data protection, especially following the 2024 General Election data leaks, which exposed over 204 million voter records. This study investigates the legal responsibility of the General Election Commission (KPU), as the institution mandated to organize general elections, under Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) and Islamic legal doctrine, particularly the principle of sadd al-dharī‘at (preventing harm). This study uses normative legal research methods with statutory, conceptual, and comparative approaches. The study analyzes primary legal materials and comparative frameworks such as the General Data Protection Regulation (GDPR). The findings reveal that despite UU PDP’s existence, implementation remains weak due to inadequate digital infrastructure and limited institutional accountability. The research highlights a dual legal gap: insufficient positive law enforcement and underutilization of preventive Islamic principles. The novelty of this study lies in integrating sadd al-dharī‘at with UU PDP to offer a preventive legal solution that strengthens institutional data security. The implication suggests the urgency of harmonizing regulatory frameworks and enhancing legal awareness within electoral institutions to ensure public trust and uphold digital democracy.
Islamic Corporate Philanthropy in Islamic Banking: Implementation of Zakat Regulation and Sharia Compliance in Indonesia Ely Masykuroh; Niswatul Hidayati; Yutisa Tri Cahyani
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.10397

Abstract

This study aims to provide empirical evidence on the implementation of zakat management compliance and the influence of sharia corporate philanthropy on the performance of sharia commercial banks in Indonesia. This study uses a mixed method, combining quantitative and qualitative approaches. The collected data were then analyzed quantitatively using descriptive or inferential statistics. The research sample consisted of 12 Islamic banks registered with the OJK, and the secondary data for this study were taken from audited and published annual reports from 2017 to 2023. The data analysis technique used regression and legal interpretation analysis. The results of the study indicate that there is a significant influence of ICP performance and Islamic banks, and that there are examples of banking compliance with applicable laws. The contribution of this study lies in providing empirical evidence that compliance with zakat regulations and the implementation of Islamic corporate philanthropy have a positive impact on the performance of Islamic banking institutions. This study reinforces the argument that zakat is not only a moral or spiritual obligation, but also a strategic instrument in sustainable corporate governance. In addition, this research provides important input for regulators, banking practitioners, and zakat authorities in formulating more integrative and applicable policies, so as to optimize the potential of national zakat through synergy between regulations, institutions, and sharia corporate awareness.
Elderly in Nursing Homes: Between Birr al-Wālidayn Obligations and Social Dynamics In Banten Province Humaeroh Humaeroh; M.A. Tihami; Ahmad Hidayat; Asep Dadan Suganda; Arifeen Yama
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.10601

Abstract

The rising trend of placing elderly parents in nursing homes in Banten Province raises questions about its compatibility with Islamic values, particularly the obligation of birr al-wālidayn. This study is grounded in the tension between modern socio-economic demands and religious expectations that children provide direct care for their parents. The objective is to examine this practice through the lens of maqāṣid al-sharī‘ah and assess whether it can still reflect birr al-wālidayn within a changing social context. A qualitative approach was employed, using observations and in-depth interviews with families, nursing home staff, and religious leaders. The analysis draws on credo theory, legal authority theory, social change theory, fatwa evolution theory, and fishbone analysis. Findings indicate that social, economic, and legal factors influence the decision to institutionalize older people. When guided by principles of protection and well-being, such practices can align with Islamic teachings. The study contributes theoretically and practically to developing elderly care policies that are religiously grounded and responsive to contemporary societal dynamics.
Challenges and Solutions in the Appointment of Acting Regional Heads (PJ. Kepala Daerah) in Indonesia: A Sharia and Islamic Democracy Perspective Muhammad Mutawalli Mukhlis; Maskun; Muhammad Saleh Tajuddin; Zuhilmi bin Paidi; Muhammad Mawardi Djalaluddin
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.10688

Abstract

This study examines the mechanism of appointing regional heads in Indonesia from the perspective of sharia law and Islamic democracy. Using a qualitative approach with descriptive-comparative analysis, the research is based on document analysis and literature review of classical Islamic texts and contemporary Indonesian policies. The results show that although appointing regional heads without direct elections may be necessary under certain conditions to maintain administrative continuity, it raises concerns about legitimacy, transparency, and public participation. From the shariah perspective, the process must uphold justice, trust (amanah), and public welfare (maslahah), in line with Islamic ethical governance. Islamic democracy’s principle of shura (consultation) emphasizes community involvement in leadership selection. The study concludes that a hybrid model integrating meritocracy and shura can offer a solution by promoting democratic accountability and adherence to Islamic values. This contributes to understanding how democratic mechanisms can be harmonized with Islamic political thought in regional governance.
Legal Protection for Children Without Family Care: A Comparative Study of Oman, UAE, and Morocco Souad Ezzerouali; Mashaallah Alzwae; Muwaffiq Jufri; Abdelrazek Wahba Sayed
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.10750

Abstract

This study aims to examine how Omani law protects vulnerable children without family care through foster care arrangements. In addition to assessing the effectiveness of this protection, the study also compares Oman's approach with that of Morocco and the United Arab Emirates, as well as the principles of Islamic Sharia law. Using a descriptive and comparative methodology, this article analyzes the legal conditions for foster care duties and monitoring procedures in Oman. It highlights strengths in the existing legal framework, but also reveals shortcomings in implementation and oversight. Learning from stronger practices in Morocco and the UAE and aligning them more closely with Sharia objectives is one of the recommendations. The research found that while the legal framework in Oman has provided a sufficient basis for the care of vulnerable children without families, there are still significant weaknesses in aspects of implementation and oversight mechanisms. Compared to Morocco and the United Arab Emirates, Oman has not fully adopted best practices in terms of monitoring, ensuring children's rights, and community involvement. The findings also indicate a gap between national legal provisions and the shariah's key objectives in protecting children's rights. By evaluating this dimension of the welfare system through contrasting regional examples and religious principles, this research contributes to the development of a new approach to child welfare.

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