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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 7 Documents
 1 
Search results for , issue "Vol 5 No 1 (2008)" : 7 Documents clear
Ushul al-Fiqh Mutakallimin: Review Atas Kitab al-Ihkam fi Ushul al-Ahkam Isnatin Ulfah
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the Ushul al-Fiqh approach of the Mutakallimin school through a critical study of Ibn Hazm's book al-Ihkam fi Ushul al-Ahkam. This book represents the distinctive character of the Mutakallimin method which is rational and systematic in formulating the principles of ushul fiqh. This study uses a qualitative method with a literature study approach, tracing the structure of arguments, legal sources, and Ibn Hazm's position on the method of ijtihad. The results show that al-Ihkam emphasizes the rejection of qiyas and ra'y, and offers a literal approach in understanding the text, which reflects the spirit of purifying Islamic law from elements of subjectivity. This book is one of the important works in the classical Ushul al-Fiqh discourse, especially in understanding the dialectic between rational and textual approaches in Islamic law.
Kritik Nalar Ushul Fiqh: Telaah Komentar Ibnu Rushd Atas Ushul Fiqh al-Ghazali Aksin Wijaya
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine Ibn Rushd's criticism of al-Ghazali's usul fiqh reasoning, especially in the aspects of methodology and rationality of Islamic law. Ibn Rushd, as a philosopher and faqih, tried to balance philosophical reasoning and shar'i rules in responding to al-Ghazali's approach, which was considered too theocentric and Sufi. This study uses a qualitative method with a literature study approach, analyzing the main works of both figures such as al-Mustashfa and Bidayat al-Mujtahid. The results show that Ibn Rushd criticized the tendency towards subjectivity in the istihsan and maqashid methods used by al-Ghazali, and emphasized the importance of a rational approach and logical consistency in the istinbath of law. This study shows the intellectual dynamics in classical usul al-fiqh, as well as Ibn Rushd's contribution to strengthening the framework of Islamic legal rationality.
Ijtihad Istinbati dan Tatbiqi Syabbul Bachri
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the concept of ijtihad istinbati and ijtihad tatbiqi in the context of Islamic law development that is adaptive to social reality. Ijtihad istinbati focuses on determining the law based on shar'i principles, while ijtihad tatbiqi emphasizes the application of the law in the actual context. This study uses a qualitative method with a literature review approach, examining classical and contemporary works of ushul fiqh that discuss the dynamics of ijtihad. The results show that the integration of the two types of ijtihad is very important in answering modern legal issues. Ijtihad istinbati provides a normative foundation, while ijtihad tatbiqi guarantees the relevance of the law to changing social conditions. This study emphasizes that the balance between text and context is key in developing Islamic law that is responsive and solution-oriented to the challenges of the times.
Nalar Fiqh NU Pasca Munas Alim Ulama1992: Arah Baru Menuju Madhhab Manhaji Luthfi Hadi Aminuddin
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the development of the fiqh reasoning of Nahdlatul Ulama (NU) after the 1992 Alim Ulama National Conference, which marked a paradigm shift from the qauli madhhab to the manhaji madhhab. This transformation reflects NU's efforts to respond to socio-contextual challenges with a more open and dynamic methodological approach. This study uses a qualitative method with a literature study approach, analyzing official NU documents, the results of bahtsul masail, and literature related to manhaji fiqh. The results show that NU has begun to prioritize the principles of maqashid syariah, maslahah, and a contextual approach in making law, without abandoning the roots of the madhhab tradition. This change directs NU fiqh towards a pattern of thinking that is more solution-oriented, inclusive, and adaptive to the times. This study emphasizes the importance of the madhhab manhaji as a framework for istinbath of law that is relevant to contemporary society.
Perkembangan Pemikiran Fiqh Pada Masa Awal: Telaah atas Pemikiran Imam al-Shafi'i Ajat Sudrajat
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to trace the development of fiqh thought in the early days of Islam through an examination of the intellectual contributions of Imam al-Shafi'i. As a central figure in the formation of the ushul fiqh system, al-Shafi'i is known for his work al-Risalah, which became the foundation for formulating the methodology of istinbath law. This study uses a qualitative method with a literature study approach, analyzing primary and secondary works that discuss the legal thought of Imam al-Shafi'i. The results show that al-Shafi'i succeeded in systematizing the sources of Islamic law, namely the Qur'an, sunnah, ijma', and qiyas, and rejecting legal practices that were not based on scripture. His thinking became an important turning point in the consolidation of fiqh from local practices to a standardized methodological framework. This study emphasizes that al-Shafi'i's thinking played a key role in the development of classical and modern Islamic law.
Konsep Fiqh Ibadah Imam al-Ghazali Dalam Kitab Ihya Ulum al-Din M. Nur Agus Salim
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine Imam al-Ghazali's concept of the fiqh of worship as contained in the book Ihya Ulum al-Din, with a focus on the integration of the outward (fiqh) and inward (tasawuf) aspects of worship. This study uses a qualitative method with a literature study approach, analyzing the contents of the book Ihya as well as relevant classical and contemporary references. The results showed that Imam al-Ghazali offered an approach to the fiqh of worship that not only emphasized the formal aspects of the law, but also brought to life the spiritual meaning of each practice. He combined the disciplines of fiqh and Sufism to form a form of worship that was not only valid according to Islamic law, but also solemn and spiritually valuable. This study shows the relevance of al-Ghazali's thinking in building a holistic dimension of worship, which touches on both legal aspects and the purification of the soul.
Hukum Islam dan Hak Asasi Manusia Rejal Miftahul Fajar
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the relationship between Islamic law and human rights (HAM), as well as how sharia principles can contribute to the protection and promotion of human rights in modern society. This study uses a qualitative method with a literature study approach, examining the main sources of Islamic law such as the Qur'an, Hadith, and international documents on human rights. The results of the study show that Islamic law basically supports human rights values, such as the right to life, freedom of religion, justice, and equality before the law. However, there are challenges in the interpretation and implementation of these norms in several social and political contexts. This study emphasizes the importance of the maqashid sharia approach and the contextualization of Islamic law so that the universal values of human rights can be in harmony with the principles of sharia in a substantive and applicative manner.

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