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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 5 No 2 (2008)" : 7 Documents clear
Nikah Beda Agama Perspektif al-Manar Saifullah Saifullah
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the interpretation of al-Manar on interfaith marriage, especially between Muslims and non-Muslims. Using a qualitative method and a literature study approach, this study traces Rashid Ridha's interpretation in Tafsir al-Manar of verses from the Qur'an relating to interfaith marriage, such as Surah al-Baqarah: 221 and QS. al-Ma'idah: 5. The results show that al-Manar provides a more contextual and moderate view, allowing marriage between Muslim men and Ahlul Kitab women under certain conditions, but still rejecting the marriage of Muslim women to non-Muslim men. This interpretation reflects a reformist approach that considers social realities and the principle of benefit. This study confirms that the interpretation of al-Manar tries to balance between normative texts and social contexts in matters of Islamic family law.
Kawin Paksa Perspektif Sosiologis dan Psikologis Ahmad Munir
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the practice of forced marriage from sociological and psychological perspectives, as well as its impact on individuals and society. Using qualitative methods and a literature review approach as well as supporting empirical data, this study examines the socio-cultural factors that perpetuate forced marriage, such as the pressure of tradition, patriarchy, and community norms. Psychologically, this study reveals the negative impact of forced marriage on the mental health of victims, such as trauma, depression, and a decline in quality of life. The results of the study show that forced marriage not only violates the individual's right to freedom of choice of partner, but also causes long-term damage to the social and emotional development of the victim. This study emphasizes the importance of a multidisciplinary approach in dealing with the issue of forced marriage, as well as the need for stronger education, regulation, and legal protection.
Membincang Kembali Praktik Poligami di Indonesia: Telaah Sosiologi Hukum Agus Purnomo
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to review the practice of polygamy in Indonesia through a sociological legal approach, by highlighting the dynamics between legal norms, social values, and the reality of practice in society. This study uses qualitative methods through literature studies and secondary data analysis, including statutory regulations and polygamous practices in a social context. The results show that although polygamy is strictly regulated in Marriage Law No. 1 of 1974, the practice still takes place with various social, cultural, and religious justifications. There is tension between restrictive positive law and permissive religious interpretation. From the perspective of the sociology of law, polygamy reflects the clash between formal legal norms and social norms of society. This study emphasizes the importance of a critical and holistic approach in formulating policies related to the practice of polygamy in Indonesia.
Memahami Hukum Perjanjian Islam: Teori, Asas, dan Praktek Rohmah Maulidia
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to understand the law of contract in Islam comprehensively, covering aspects of theory, legal principles, and their practice in modern life. The law of Islamic contract is based on the principles of justice, willingness (taradhi), and clarity ('adam al-jahalah) between the parties. This study uses a qualitative method with a literature study approach, examining classical fiqh literature, contemporary Islamic legal documents, and contract practices in Islamic economics. The results show that Islamic contract law has high flexibility as long as it does not contradict sharia principles. In addition, principles such as freedom of contract and the obligation to fulfill promises (al-'uqud musyahadah) remain relevant in the modern legal system. This study emphasizes that Islamic contract law can be a strong normative foundation for ethical and fair business contracts.
Preferensi Konsumsi Dalam Islam: Telaah atas Konsep Maslahah pada Perilaku Konsumsi Unun Roudlotul Janah
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze consumption preferences in Islam by examining the concept of maslahah (public interest) as a normative basis for consumption behavior. Using a qualitative method through a literature study approach, this study examines classical and contemporary Islamic economic literature, as well as the principles of Islamic maqashid (objectives of Islamic law) related to consumptive behavior. The results show that consumption in Islam is not only based on personal satisfaction, but must also consider individual and collective benefits (maslahah), as well as the values of justice, balance, and sustainability. The concept of maslahah limits excessive consumption and encourages an ethical and responsible consumption orientation. This study emphasizes that consumption preferences in Islam are holistic, combining spiritual, social, and economic aspects for the realization of equitable welfare.
Perlindungan Terhadap Pekerja Anak di Indonesia: Kajian Historis Ridho Rokamah
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine efforts to protect child laborers in Indonesia from a historical perspective, by tracing the development of policies and regulations from the colonial period to the reformation era. This study uses a qualitative method with a historical-normative approach, through the study of documents, legislation, and relevant literature. The results show that the issue of child labor has been a concern since the Dutch East Indies era, but comprehensive legal protection has only begun to develop after independence. The Manpower Act and the ratification of international conventions have become important milestones in the strengthening of children's rights. However, the challenge of implementation is still high due to socio-economic factors and weak law enforcement. This study emphasizes the importance of synergy between policy, education, and public awareness in eliminating the practice of child labor in a sustainable manner.
Perlindungan Terhadap Aktivitas Perempuan di Bidang Politik dan Tenaga Kerja Munawir Munawir
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the protection of women's activities in politics and labor in the context of law and policy in Indonesia. Using a qualitative method with a juridical-sociological approach, this study examines regulations that guarantee gender equality and the structural obstacles faced by women. The results show that despite various regulations such as Law Number 7 of 1984 concerning the Ratification of the CEDAW Convention and the Manpower Act, their implementation is still not optimal. Women still face discrimination, limited access, and gender stereotypes in both politics and the job market. This study emphasizes the importance of consistent law enforcement, gender education, and policy reform to create a fair and equal space for women's participation.

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