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Lukman Santoso
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justicia@uinponorogo.ac.id
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+6285643210185
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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 8 No 2 (2011)" : 7 Documents clear
Khaled Abou El-Fadl dan Orientasi Humanistik Dalam Studi Fiqh Abid Rohmanu
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.531

Abstract

This paper intends to study towards a humanistic orientation of fiqh study. The study of fiqh based humanistic orientation aims to study fiqh with more emphatic on values and morality rather than legal-formal aspects. on the other side, this study will be the counter-part of the theocentric orientation of fiqh study. The theocentric orientation is shown to lose its elan vital, because it is more preoccupied with the issues of authenticity rather than social problems. This paper is attributed to Abou El Fadl, most noted for his scholarly approach to fiqh from moral point of view.
Kontribusi Imam al-Nawawi Dalam Pengembangan Madhhab Shafi'i Luthfi Hadi Aminuddin
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.532

Abstract

In the history of Shafi'i’s madhhab, the figure of Imam al-Nawa wi has a very significant role. The results of his  ijtihad  is always used as a Shafi`iyah scholar reference, even when the scholars differed in opinions, then his idea regarded as "the end" of that difference dispute. This paper, intended to explore why the figure of al-Nawa wi have such a privileged position in the madhhab Sha fi'i. Through the historical approach, the author have found the answer to that. First, al-Nawa wi is seen as a unifier  Shafi'i’s madhhab. In his hands, two school of Shafi’i madhhab, Khurasan and Iraq can be reconciled. Second, Al-Nawa wi have managed to put the principles tarjih, to select the strongest opinion from a variety of opinion among al-Sha fi'i’s madhhab. Therefore, al-Nawawi is known as the al-mujtahid al-murajjih or mujtahid al-tarjih, the mujtahid who are not just memorize the ijtihad of Imam al-Shafi’i, but know the sources of Imam al-Shafi’i’s opinion, able to describe and explain his opinion, make an analogy (qiyas) related to his opinion in problem solving, even select a strong opinion among opinions that exist.
Pergerseran Hukum Islam dari Reduksionis ke Sintesis: Telaah Pemikiran Ziauddin Sardar Khusniati Rofi'ah
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.533

Abstract

Should be rocognized that the Islamic world faced with stagnation or failure to comply with the role of ijtihad. This era of stagnation began after a period of codification (asr al-tadwin) as the emergence of a dogmatic assumption that the achievements of the classical scholars (mujtahid) has been final, so no longer need a renewal of thought. So there was a shift in mindset, from ijtihadi pattern to taqlidi pattern. According to Ziauddin Sardar, There are several reasons that cause the failure of muslims to answer the call of ijtihad. One of them is that the majority of muslims place sharia/Islamic law on the position of the holy (sacred shariah), and they reduce the meaning of shari'a itself and other Islamic concepts.
Birokrasi Pemerintahan Dalam Perspektif Ekonomi Islam Agung Eko Purwana
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.534

Abstract

In economic activities, the government has a very important role in allocating and distributing economic resources for the greatest prosperity of its people. In addition, the government also has a role as a tool for economic stabilization. But, these roles of government is not functionless properly. One of the reasons is the corrupt practices of bureaucracy.The scholars do a lot of studies about how to make the bureaucracy work unimpeded by corrupt practices. The same study is done by Muslim scholars and economists. They offer new alternatives based on Islamic law and Shari’ah. Shari’ah demanded to its adherents to act professionally in the process displaying neatness, correctness, order, and regularity. From this point of view, the paper would examine how Islamic economic perspective has a study on the duties of a government, especially in carrying out its functions, namely: allocation, distribution, and stabilization.
Perlindungan Hak Konsumen Dalam Transaksi Elektronik (E-Commerce) Rif’ah Roihanah
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.535

Abstract

The development of Internet-based technology is one factor that has a very significant influence in the field of trade, which is known as electronic commerce or the more popular as e-commerce. Through e-commerce, a seller / business does not have to meet directly with buyers or consumers as occurs in conventional business / traditional, but will only be done via the internet / happening in cyberspace. The positive side is obtained through e-commerce transactions, both for consumers and for business is good especially in terms of practicality in terms of time, cost and effort. While the downside for consumers is concerned with the rights that there is no clear information about the goods and / or services offered, the status of the business, bertrnsaksi security and privacy, the imposition of risk that is not balanced because the general sale on the internet, the payment has been settled made in advance by the consumer. With the birth of the Law no. 11 Year 2008 on Information and Electronic Transaction, then the protection of consumers in the trade through e-commerce can be divided into four, namely: 1) supervision of the business includes the identity and official license owned, 2) protection against identity / consumer data, 3 ) are clear and correct information about your products  and / or services  offered,  and   4) a complete   and  clear I nformation about the transactions and matters relating to the transaction.  
Konfigurasi Infak Sedekah, Zakat, dan Wakaf Untuk Kemandirian Umat: Sebuah Model Integratif Membangun Filantropi Islam di Era Indonesia Kontemporer Miftahul Huda
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.536

Abstract

This paper attempts to study the phenomenon of the typical of Indonesian Islamic philanthropy. The paper focused on efforts to develop the control or governance of Islamic philantropy professionally in Indonesian context and its response to modern reality. In this issue, this paper explores the experiences and the efforts of Modern Islamic Philanthropic Institutions, named “Yayasan Dana Sosial Al-Falah” (YDSF) Surabaya in developing various Islamic philanthropic institutions for the self-reliance and the empowerment of social community. The efforts of YDSF Surabaya is to do the integrative model for institutions such as infaq, sadaqah, zakat, waqf,  so that gave birth to Islamic philanthropy configuration that is able to further strengthen the community self-reliance in contemporary Indonesia. Integrative mechanism model between the three instruments of Islamic philanthropy both infaq, sadaqah, zakat, waqf in building and developing social funds can be done with compact design of social funds delivery, the management program of social funds asset, the program of social fund-raising,  and mix design involving the three previous designs applicably.
Limitasi UU Partai Politik Dalam Mendorong Partisipasi Politik Perempuan di Indonesia: Kajian Hukum dan Perubahan Sosial Layyin Mahfiana
Justicia Islamica Vol 8 No 2 (2011)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v8i2.537

Abstract

This paper tries to study two main things, first: whether women's involvement in the political sector is the real participation of women or just another form of politicization of women, second: whether state policies toward women affect society paradigm in looking at women. Two questions are based on the fact that  the involvement of women in political leadership is still weak and public perception about women is still dominated by patriarchal culture that resulted in the subordination of women in the political sector.

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