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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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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 12 Documents
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Search results for , issue "Vol 23 No 1 (2026)" : 12 Documents clear
Interpreting Mafqūd in Modern Courts: The Influence of Classical Fiqh Schools on Judicial Ijtihad in Indonesia Hamda Sulfinadia; Jurna Petri Roszi; Amirulhakim Amirulhakim; Syahrul Anwar
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.9694

Abstract

This article addresses the question of how inheritance cases involving mafqūd are resolved in Indonesian Religious Courts and to what extent judicial reasoning reflects madhhab moderation within Islamic law. The issue of mafqūd, defined as a missing person whose life or death is legally uncertain, has long generated juristic debate due to divergent interpretations of the principle of istishḥāb al-ḥāl and the scope of judicial authority in determining death. This study positions itself within normative Islamic legal scholarship by examining judicial practice as an arena where classical fiqh interacts with contemporary positive law. Using a qualitative legal method, the research analyses twelve purposively selected Religious Court decisions through document study and juridical analysis. Operationally, the rulings are examined by comparing judges’ legal reasoning with doctrines from the Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī schools, as well as with the Compilation of Islamic Law. The findings reveal that judges do not strictly adhere to a single madhhab, but instead employ ijtihād qaḍāʾī to selectively integrate classical opinions with statutory norms to ensure legal certainty and substantive justice. This judicial pattern demonstrates madhhab moderation as a methodological approach rather than doctrinal compromise, contributing, theoretically, to the concept of living fiqh and, practically, to fair inheritance adjudication in Religious Courts.
Fiqh Humanism in Interfaith Relations: Sufistic Expressions of Shalawat Wahidiya in Indonesia Bustanul Arifin; Diyan Putri Ayu; Ahmad Insya Ansori; Muhammad Misbahuddin; Safa Alrumayh
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.10264

Abstract

This study examines how fiqh humanism can be operationalised as a lived legal–ethical framework through the Sufistic practices of Shalawat Wahidiya in Indonesia. The research addresses the question of how Islamic legal objectives (maqāsid al-sharīa) are translated into concrete interfaith engagement and social ethics in a plural religious context. Positioning itself within maqāsid-oriented jurisprudence and contemporary Sufism studies, the article argues that Islamic law does not need to be limited to normative abstraction or legal formalism, but it can function as an ethical system verified through social practice. Methodologically, the study employs a convergent mixed-methods design, integrating a survey of 382 respondents with participant observation, in-depth interviews in Jombang, East Java and document analysis. Quantitative data map patterns of inclusivity, interfaith attitudes, and community sustainability, while qualitative findings explain how these patterns are ethically internalised and institutionally organised. The findings demonstrate that Wahidiya operates as a living maqāsid system, where collective dhikr, ritual openness, and consultative governance foster emotional security, interfaith comfort, and social cohesion without weakening Islamic commitment. The study contributes theoretically by advancing fiqh humanism as an empirically verifiable framework and provides a model that can be used to analyse Islamic legal and spiritual practices in diverse societies.
Gendered Epistemology and the Question of Legal Authority: Aisha’s Critique of the Companions Muhammad Fauzinudin Faiz; Akhmad Zaeni; Muhid Muhid; Ishaq Ishaq; Abdelmalek Aouich
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.11808

Abstract

This article engages the epistemological dilemma of relying on homogeneity in reliability (ʿadālah and ḍabṭ) among the companions of the Prophet during hadith transmission. In a socio-legal and hermeneutic framework, it analyses Aisha’s interpretive interventions into narrations of significant male companions—Ibn ʿUmar and Ibn ʿAbbās in particular—as manifestations of feminine legal authority in earliest Islamic times. It considers how Aisha’s interactions change how legal reasoning and epistemic authority were constructed during the nascent period of Islamic thought. Drawing upon a hermeneutic textual analysis that is informed by socio-legal and gender-conscious epistemological approaches respectively, the work is concerned with two prominent hadiths in Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim: the use of perfume prior to iḥrām and the nadhr involving the Prophet’s camel al-ʿAdhbāʾ. Analysis demonstrates that Aisha’s interventions do not deny hadith itself or the companions but instead emphasise interpretive coherence, empirical proof and legal reasoning grounded in first-hand prophetic experience. Her epistemological agency, on the other hand, stands as an early female presence in the manufacture of hadith-based legal reasoning that stands at divergence from the gendered paradigm and extends an epistemology based on dialogue. By re-assessing Aisha’s methodological interventions, the study plays into a more comprehensive debate about gendered knowledge production as well as the epistemological credibility of Islamic legal thought and provides readers with a framework for rethinking authority, gender and interpretation in Islamic scholarship in the present moment.
Evidentiary Challenges in AI-Mediated E-Commerce Disputes: Comparative Perspectives from the EU, US, GCC, and Islamic Law Shatha Ismaeel; Khalid Alammari; Zinah Ghanim Younus
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.11809

Abstract

This article aims to analyse the use of artificial intelligence (AI) as an intermediary in e-commerce transactions, thereby increasing the challenges of proving damages, particularly due to algorithmic opacity, system autonomy, and the fragmentation of legal liability subjects. Using a comparative legal approach in the European Union, the United States, and Saudi Arabia in the context of the Gulf Cooperation Council (GCC), with Islamic law as an autonomous regime of proof. Using a doctrinal comparative method, the study analyses statutory instruments, judicial practices, and emerging AI regulatory initiatives to evaluate how different legal systems address evidentiary burdens and liability attribution in AI-mediated disputes. The findings demonstrate that the European Union adopts a preventive, risk-based approach to digital evidence and accountability. In contrast, the United States relies on an ex-post, fault-oriented, and fragmented adjudicatory model. In contrast, Saudi Arabia and the broader GCC remain in a transitional phase, gradually integrating electronic evidence into civil law without a comprehensive AI-specific liability framework. Crucially, the article argues that Islamic law offers a coherent and independent evidentiary framework grounded in principles such as bayyinah, qarīnah, moral accountability (amānah), and harm prevention (lā ḍarar), which are particularly relevant in addressing AI opacity by treating AI outputs as corroborative rather than determinative proof. The study proposes doctrinal and evidentiary reforms that integrate comparative legal insights with Islamic jurisprudence to enhance legal certainty, justice, and accountability in AI-driven e-commerce disputes.
Customary Justice and Child Sexual Abuse in Aceh: Legal Pluralism, Restorative Limits, and Child Protection Principles Yuni Roslaili; Suparwany Suparwany; Abdul Manan; Marina Ulfah; Faizah Putroe Phonna
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.11867

Abstract

This study explores the position and limitations of customary law in addressing cases of child sexual violence in Aceh, as well as its interaction with legal pluralism and the principles of maqaṣid al-sharia. As a region endowed with special autonomy in the spheres of customary practices and the implementation of Islamic law, Aceh represents a complex manifestation of legal pluralism. This complexity becomes particularly evident when customary dispute-resolution mechanisms intersect with cases of child sexual violence, which are normatively recognised as serious criminal offences. By using a qualitative socio-legal approach, this research integrates an analysis of statutory regulations and qanun (Islamic law) with in-depth interviews involving government officials, local leaders, academic communities, and child protection institutions. The findings reveal variations in the application of customary law to cases of sexual violence against children, which can be classified into minor, moderate, and severe categories. In minor cases, customary law may function as a limited mechanism for recovery and social reconciliation. However, in cases of severe sexual violence, formal judicial processes are deemed more appropriate. This is because, from the perspective of maqasid al-sharia and the concept of ta’zir, child protection is a daruriyyah goal that cannot be compromised. This study emphasises the importance of an integrative-complementary model for resolving child sexual abuse cases within the framework of controlled legal pluralism.
Aligning Mercury Governance With Livelihoods, Legal Frameworks, and Religious Norms: Evidence from Indonesia’s ASGM Amanda Adelina Harun; Vanessa Veronica; Fenty U. Puluhulawa
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.12274

Abstract

This study aims to examine the health impacts of mercury exposure on miners and communities, analyse patterns of regulatory compliance in the context of largely informal mining, and evaluate the effectiveness of policies and legal instruments designed to reduce mercury use and mitigate environmental impacts. This study synthesises toxicological and biomonitoring evidence, community-based qualitative studies on practices and risk perceptions, and regulatory analysis in relation to international obligations. Results show that mercury biomarkers remain persistently high and there are neurological impacts on exposed populations, while informality limits oversight and weakens compliance. Interventions focused on enforcement often trigger displacement of activities (mining), rather than changes to more sustainable extraction practices. Policy effectiveness increases when regulations are combined with livelihood-sensitive supporting factors, including cooperative-based formalisation, access to financing and training, and technological transition through integrated governance. The study proposes a governance-livelihood-Islamic norm model and a compliance architecture aligned with maqasid al-sharia.
Does Escrow Really Protect Consumers? : An Islamic Law Critique of Marketplace Transactions in Indonesia Virya Suprayogi Yusuf; Maskun Maskun; Judhariksawan Judhariksawan; M. Arfin Hamid; Supriadi Supriadi; Muh Mutawalli Mukhlis
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.12302

Abstract

This article examines whether escrow (rekening bersama) genuinely protects consumers in Indonesian e-commerce, particularly in marketplace-based and off-platform social commerce transactions where fraud risks remain high. The study positions escrow not merely as a technical payment feature, but as a legally significant intermediary arrangement that structures duties, allocates liability, and enables evidentiary reliability and consumer remedies. Employing doctrinal legal research, the article operationally analyses statutes and implementing regulations related to electronic transactions, consumer protection, and electronic commerce (PMSE), while also providing a conceptual analysis of intermediary responsibility. Legal materials are systematically mapped to core escrow safeguards, including conditional fund release, verification, record integrity, and dispute handling, followed by interpretive analysis to identify regulatory gaps. The findings demonstrate that Indonesian law implicitly recognises escrow functions but lacks explicit governance standards, resulting in accountability and enforcement flaws. To address this, the article proposes a doctrinal–institutional escrow governance framework that outlines minimum operational safeguards, allocates responsibility for key failure scenarios, and provides implementation tools in the form of a safeguards checklist and liability map. An Islamic law critique, grounded in the principles of amanah and gharār reduction, further evaluates the fairness and risk containment of escrow practices. The study contributes a legally operational framework to strengthen ex ante consumer protection, enhance institutional trust, and guide regulatory standard-setting and platform compliance.
Negotiating Legal Pluralism: Managing Tensions between Islamic Law and Customary Law in Muslim Marriage Practices in Papua, Indonesia Amri Amri; Lukman Ansar; Shofwan Al Jauhari; Mochammad Arifin; Ma'adul Yaqien Makkarateng
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.12404

Abstract

This research aims to describe the forms of conflict and negotiation that can arise between Islamic religious law and customary law in the practice of dowry (mahr) provision within Muslim Papuan marriages, to achieve a balanced coexistence. The primary focus of this study is to examine the forms of conflict and the conflict negotiation mechanisms that can be applied within the tradition of marriage dowry practices. This research employs a qualitative approach with a case study design focusing on Muslim communities of the Marind tribe in Merauke and the Dani tribe in Wamena, Papua, Indonesia. Data were collected through in-depth interviews, direct observation, and systematic documentation. After the research data were fully collected, they were processed and analysed using a descriptive contextual approach. The findings reveal that customary law is prioritised over religious law in determining marriage traditions. The continued existence and application of customary law have implications for tensions and conflicts with Islamic law. Therefore, marriage traditions, particularly the practice of dowry provision among Papuan Muslims, need to be reconstructed through negotiation in order to reconcile religious and customary law so that both may remain harmonious and coexist. Through restorative and normative–theological approaches, this study proposes a new model of negotiation that enables the continued practice of dowry provision based on customary rules without violating Islamic legal principles.
The Digitalisation of Employment, Fiqh Education and Empowerment of Migrant Workers’ Rights Nur Chanifah; Fahd bin Mohana bin Salim al-Ahmadi; Abu Samsudin; Nurul Islami; Muhammad Najih Vargholy
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.12454

Abstract

This study aims to analyse the digital transformation of fiqh education on labour for Indonesian migrant workers (PMI) in the United Arab Emirates from a transnational perspective, focusing on how Islamic legal literacy can be an instrument of empowerment and protection of workers' rights. This study uses a socio-legal approach that combines normative fiqh studies with the socio-legal reality in the field. Data was collected through in-depth interviews, observation, and documentation. Data analysis was carried out in stages of data reduction, data presentation, and conclusion drawing. The results of the study show that there is a significant gap between normative knowledge of fiqh labour and the reality experienced by PMI in the UAE. The transformation of digital-based fiqh education can be used as a solution to this gap, as it can expand access to legal literacy, strengthen awareness of transformative maqāṣid, and provide practical skills in negotiating rights. The digitisation of fiqh education on labour issues not only functions as a medium of education but also as a transnational advocacy strategy that strengthens the protection and empowerment of PMI in a global context. This research contributes empirically to overcoming barriers to the implementation of migrant workers' rights in the UAE and recommends a maqāṣid transformative-based digital fiqh education module and strategic policy measures to strengthen the protection of migrant workers' rights.
Reconceptualising the Juristic Legitimacy of Cash Waqf: A Ta‘Līlī Examination of Classical Doctrines and Their Integration into Modern Financial Systems Muh. Zumar Aminuddin; Khoiruddin Nasution; Ali Sodiqin
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.12468

Abstract

This article aims to explore the arguments of Islamic legal scholars regarding the pros and cons of the concept of cash waqf and to contextualise these views in the reality of contemporary economic law. This study uses the ta‘līlī method with a thematic approach to classical fiqh literature to identify waqf themes and determine the ‘illah that forms the substance of the waqf concept. The literature analysis is then enriched with interviews with waqf experts and practitioners as a form of confirmation of the relevance of fiqh arguments in modern practice. The results of the study show that there are three main reasons used by scholars who support cash waqf, namely the applicability of 'urf (accepted social practice), the benefits generated, and the possibility of money being rented out or used productively. Meanwhile, scholars who reject cash waqf argue that money is manqūl (movable property) that is depleted when used, thus not fulfilling the requirement of permanence (ta'bīd) as an object of waqf. Interestingly, this study found that the concept of 'illah waqf is actually used by the group that rejects cash waqf, emphasising that money is not permanent because it will be depleted when used. However, this argument becomes less relevant in the context of the modern economy, where money functions not only as a medium of exchange but also as an investment instrument. When a cash waqf is managed productively within the financial system, its principal value can be maintained and even grow. Thus, the permanence of waqf does not lie in the physical form of the asset, but in the sustainability of its value and benefits. This study provides a practical contribution by emphasising that the management of cash waqf integrated with the modern financial system allows for the fulfilment of the principles of sustainability and benefit of waqf.

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