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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 6 No 2 (2009)" : 7 Documents clear
Imam al-Ghazali dan Kerangka Keilmuan Ushul al-Fiqh: Telaah terhadap al-Mustasfa min 'Ilm al-Ushul Abid Rohmanu
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine Imam al-Ghazali's contribution to the formation of the usul al-fiqh scientific framework through an analysis of his monumental work, al-Mustasfa min 'Ilm al-Ushul. Using a qualitative method with a descriptive-analytical approach, this study traces the structure of thought, methodology, and integration between philosophical rationality and Islamic scientific tradition in the work. The results of the study show that al-Ghazali succeeded in compiling a comprehensive ushul al-fiqh system by balancing between naqli evidence and aqli approach. Al-Mustasfa is considered the pinnacle of the development of the mutakallimin school of ushul al-fiqh and an important reference in the study of classical to contemporary Islamic law. This research emphasizes that al-Ghazali's contribution is not only normative, but also methodological, capable of bridging the need for ijtihad across eras.
Menggagas Metodologi Hukum Islam Masa Depan: Kajian Tentang Rekonstruksi Usul al-Fiqh Isnatin Ulfah
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to initiate a future Islamic legal methodology through a critical study of the reconstruction of the principles of fiqh. The method used is qualitative with a historical-philosophical approach, through an analysis of the development of classical principles of fiqh and its response to the challenges of modern times. The results of the study show that the traditional framework of usul al-fiqh, which is largely influenced by theological and scholastic mindsets, needs to be reconstructed to be more adaptive to contemporary social, political, and cultural dynamics. This reconstruction includes renewing the ijtihad paradigm, strengthening the maqashid Syariah approach, and integrating it with social sciences. This study emphasizes that the methodological renewal of usul al-fiqh is a strategic step towards making Islamic law more contextual, relevant, and solution-oriented in addressing the problems of the ummah in the future.
Genealogi Fiqih Shafi'iyyah Dalam Tradisi Matan, Sharah dan Hasiyah Umi Chaidaroh
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to trace the genealogy of Shafi'i fiqh through the tradition of writing matan, sharah, and hasyiah as a form of transmission and development of fiqh knowledge. The method used is qualitative with a historical-hermeneutic approach, through the study of classical literature and philological studies of the main works in the Shafi'i school. The results of the study show that the matan tradition plays a role as the core of the teachings, sharah as a conceptual explanation, and hasyiah as a critical note or commentary on the explanation. These three forms form a complex and dynamic scientific network, reflecting the dialectical process of thought and the continuity of scientific authority in the Shafi'i school. This research emphasizes that the tradition of fiqh literacy is an important methodological legacy in understanding the structure, flexibility, and continuity of the Shafi'i school of thought until the contemporary era.
Fikih Reproduksi Perempuan: Tinjauan Terhadap Aborsi dan Pernikahan Dini Rusli Rusli
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine Islamic fiqh views on abortion and early marriage as issues in women's reproduction. Using a qualitative method with a normative-analytical approach, this study analyzes various opinions in classical and contemporary fiqh on abortion and early marriage. The results showed that in fiqh, abortion is generally considered haram, except in certain conditions that endanger the mother's life, while early marriage is viewed from various perspectives, depending on the social and cultural context. However, there is a consensus among scholars regarding the importance of protecting women's health and rights. This study concluded that women's reproductive fiqh needs to be understood in a modern context, with attention to aspects of health, women's rights, and the principle of justice in Islam.
Menimbang Khazanah Tafsir Fiqhi Ahmad Mujib
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the treasure trove of fiqh interpretation as an important contribution to the development of Islamic fiqh. Using a qualitative method and a historical-critical approach, this study traces the development of fiqh interpretation through classical to contemporary texts, as well as its role in bridging the understanding of religious texts with the practice of Islamic law. The results of the study show that fiqhi interpretation provides a more contextual framework for the verses relating to fiqh, and enriches the Islamic intellectual tradition in providing legal solutions to contemporary issues. This study emphasizes the importance of fiqhi interpretation in shaping legal foundations that are adaptive and relevant in the midst of changing times.
Industri Keuangan Syari'ah Dalam Perspektif Manajemen Sumber Daya Insani Agung Eko Purwana
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the Islamic finance industry from the perspective of human resource management, specifically related to the management of human resources in improving the operational effectiveness and performance of Islamic financial institutions. The method used is qualitative with a case study approach to several Islamic financial institutions in Indonesia. The results show that good human resource management, including recruitment, training, and employee development based on sharia principles, greatly affects service quality and customer satisfaction. In addition, challenges in managing SDI related to a deep understanding of sharia and a lack of competence in the managerial field are major obstacles in the development of this industry. This study recommends the need to increase the capacity of SDI in the sharia finance sector to create synergy between sharia principles and organizational goals.
Penyelesaian Sengketa Bidang Ekonomi Melalui Arbitrase dan Alternatif Penyelesaian Sengketa (APS) Martha Eri Safira
Justicia Islamica Vol 6 No 2 (2009)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the application of arbitration and alternative dispute resolution (ADR) in the economic field as an effective and efficient method of dispute resolution. Using a qualitative method with a case study approach, this study examines the practice of arbitration and ADR in resolving economic disputes, both at the national and international levels. The results show that arbitration and ADR can be a faster and more flexible alternative compared to the formal judicial process, but require clear regulations and transparency in their implementation. Another advantage is its ability to reduce the burden on the courts and maintain good relations between the parties in dispute. This study suggests the need for stronger regulations and a broader understanding of arbitration and ADR among economic actors.

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