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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 359 Documents
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A Discourse of Mabims New Criteria: Reading Difference Frequency Between Wujud al-Hilal and Imkan ar-Rukyat Shofwatul Aini
Justicia Islamica Vol 19 No 1 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i1.3394

Abstract

In determining the beginning of the month of the Hijri calendar, the Indonesian government has used the criterion of crescent visibility (Imkan ar-Rukyat) adopted from the MABIMS agreement. This criterion has three conditions. Namely, the crescent should be at least at 20; the elongation is minimum at 30; the age of the crescent must be more than eight hours after conjunction. In August 2016, MABIMS made a great deal to revise this criterion. The new criterion has two conditions. Namely, the crescent should be at least 30, and the elongation is minimum at 6,40. This new criterion is planned to apply in Indonesia for the next few years and is wished to be accepted by all communities. The emergence of this new criterion leads to two main questions. First, how many frequencies of differences between this new criterion compared to the Wujud al-Hilal criterion, and the second is how if this new criterion is applied in Indonesia. This research used the elevation of the crescent to determine the frequency of differences between the new criterion compared to the Wujud al-Hilal criterion. It then analyzed it based on the former and the new criterion of the Imkan ar-Rukyat and the Wujud al-Hilal. The result shows significant differences between the new and Wujud al-Hilal criterion. If this new criterion is used in Indonesia, the togetherness of the beginning of the month of the Hijri calendar will decrease. Dalam menentukan awal bulan hijriyah, pemerintah Indonesia telah lama menggunakan kriteria Imkan ar-Rukyat yang diadopsi dari MABIMS yaitu syarat minimal tinggi hilal 20, sudut elongasi minimal 30, dan umur hilal minimal 8 jam setelah ijtimak. Pada bulan Agustus 2016 MABIMS telah menyepakati kriteria tersebut untuk direvisi dengan kriteria yang baru yaitu syarat awal bulan adalah tinggi hilal minimal 30, dan elongasi minimal 6,40. Kriteria yang baru ini rencananya akan diberlakukan di Indonesia dan diharapkan dapat diterima oleh semua pihak. Dengan adanya kriteria baru ini, ada dua rumusan masalah yang ingin diteliti lebih lanjut yaitu yang pertama adalah bagaimana frekuensi perbedaan kriteria baru ini dengan kriteria Wujud al-Hilal, dan yang kedua adalah bagaimana kriteria baru ini jika diterapkan di Indonesia. Untuk mengetahui frekuensi perbedaan kriteria baru ini dengan kriteria Wujud al-Hilal, penelitian ini menganalisisnya berdasarkan data timggi hilal dengan menggunakan acuan tiga kriteria yaitu Wujud al-Hilal, Imkan ar-Rukyat MABIMS yang lama, dan Imkan ar-Rukyat MABIMS yang baru. Dari hasil penelitian menunjukkan bahwa frekuensi perbedaan kriteria Imkan ar-Rukyat yang baru dengan kriteria Wujud al-Hilal semakin banyak. Selanjutnya jika kriteria Imkan ar-Rukyat MABIMS yang baru ini diterapkan di Indonesia, maka potensi kebersamaan dalam awal bulan hijriyah di Indonesia akan semakin berkurang.
Akad al-Ijarah al-Mausufah fi al-Dzimmah in Sharia Banking in Aceh: A Study of Homeownership Finance Zubir Zubir; Muhazir Muhazir; Zulham Wahyudani
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3653

Abstract

This paper aims to analyze the al-Ijarah al-Mausufah fi al-Dzimmah contract model and its application to Islamic Banking. So far, the paradigm that has developed regarding homeownership financing contracts (PPR) is to use Murabahah or Musyarakah Mutanaqisah (MMQ) contracts. In practice, the results of housing built are often not by the previously agreed contract. This is a dilemma for Customers because, on the one hand, the down payment has been given, and the payment process has been carried out. In these conditions, applying the al-Ijarah al-Mausufah fi al-Dzimmah (IMFZ) contract is essential to protect the rights of Customers which have been neglected. The al-Ijarah al-Mausufah fi al-Dzimmah contract requires the cancellation of the contract from the Customer if the reality and the contract made with the Bank do not match. This research is non-doctrinal with a conceptual approach. The conceptual approach is used to analyze theoretically and practically the use of the al-Ijarah al-Mausufah fi al-Dzimmah contract. The study results show that Islamic Banking in Aceh has not used the IMFZ contract. This is because of first, the lack of understanding of the contract from both the Bank and the Customer; second, the tendency of the public and Banks to use Murabaha contracts than other contracts because Murabahah contracts are easier to understand and commonly used, so far; third, Banks and Developers will face more significant risks when using al-Ijarah al-Mausufah fi al-Dzimmah contracts than Murabahah and Musyarakah contracts. The IMFZ contract requires the Bank, Developer, and Customer to collaborate to supervise house construction to avoid default. Using the al-Ijarah al-Mausufah fi al-Dzimmah contract will minimize fraud and gharar committed by the Developer against the Customer. This article contributes to Customers and Banks in maintaining quality in housing finance which Developers often overlook.  
The Implementation of Gender-Responsive Fiqh: A Study of Model Application of Women-Friendly and Child Care Village in Post-Covid-19 Pandemic Ahmad Muhtadi Anshor; Muhammad Ngizzul Muttaqin
Justicia Islamica Vol 19 No 1 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i1.3705

Abstract

Amid the gender-responsive movement, this study addresses issues in Islamic jurisprudence (fiqh). This is because fiqh products appear unable to address contemporary issues, particularly those affecting women and children. The frequent sexual and domestic abuse and women's slower acceleration than men are some of the issues women face today. Meanwhile, the current children in Indonesia are also experiencing various pressures due to the many problems of violence against them. Worse yet, when Indonesia encounters health problems and the severity of Covid-19, Indonesia also faces the problem of women’s and children’s welfare. To overcome this problem, the Ministry of Women's Empowerment and Child Protection (Kemen PPPA) and the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration (Kemendesa PDTT) have declared a Movement to Increase Women's Involvement through Women-Friendly and Child-Care Village. After the Covid-19 emergency, this movement is one of the synergistic efforts to achieve every town's Sustainable Development Goals (SDGs). This study of Islamic law is classified as a reaction to societal issues. Focusing on literature studies, this study finds that implementing women-friendly and child-care villages represent the responsive ijtihad fiqh methodology support in developing fiqh towards gender responsiveness.
Imum Gampong Authority as Amil of Zakat According to Fiqh and Qanun of Aceh Safriadi Safriadi; Muhammad Diah
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3743

Abstract

Imum Gampong has a share and role in amil of zakat. The research aims to determine the position of the Imum Gampong in amil of zakat as seen from the perspective of fiqh and qanun of Aceh. This research uses a descriptive analysis method with a qualitative approach. The results of this research indicate that in zakat management, according to fiqh, the Imum Gampong has the authority to determine, establish, and inaugurate zakat administrators (amil of zakat) at the village (gampong) level. In contrast, according to the qanun of Aceh, besides being given the authority to inaugurate the zakat administrator of the gampong (amil of zakat) at the village level, imum gampong can also act as amil of zakat itself so that the imum gampong is also entitled to ujrah (fees) of the asnaf of amil of zakat in addition to the salary from the government for the occupation. In fact, in Acehnese society, the imum gampong is part of the amil zakat, takes costs from the amil zakat part, and is entitled to fees of the asnaf of amil of zakat. Based on the two sources of law on the authority of the Imum Gampong, the position of the Imum Gampong in the fiqh perspective is narrower than the perspective of the Qanun of Aceh. According to the Qanun of Aceh, the Imum Gampong has four tasks in zakat management: appointing administrators, recording, collecting, and distributing zakat to zakat mustahiq.  Recommend stakeholders to revise the provisions in the Aceh qanun to be adapted to the fiqh concept that is developing in Aceh province.
Money Laundering Crime in the Perspective of Islamic Law in the System of Proof Ariman Sitompul; Arie Kartika; Windy Sri Wahyuni; Maswandi Maswandi
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3744

Abstract

This paper initiates the study of Islamic law related to the reverse proof system contained in Articles 77 and 78 in law number 8 of 2010 concerning the Prevention and Eradication of The Criminal Action of Money Laundering. In this study, the authors used qualitative methods to respond to the concept of fiqh life in Indonesia. The purpose of this study is related to the burden of proof reversed using the opinions of Islamic law, usul fiqh, and legislation. From the study results, the evidence to the contrary does not apply to all criminal cases but only to exceptional cases such as money laundering. Money laundering in Indonesia can be in the form of enrichment by illegal means. Islamic law in the development of law in Indonesia also minimizes the crime of criminal origin that develops and continues in money crimes from the influence of controlling illicit money that feels like halal money and also includes sanctions against perpetrators of crimes punished by Islam into national law.
Collaborative Governance in the Jogja Berwakaf Movement Mahmudi Mahmudi; Danang Wahyu Muhammad
Justicia Islamica Vol 19 No 1 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i1.3759

Abstract

This research aimed to look into the collaborative governance model proposed by the Jogja Berwakaf Movement in the Special Region of Yogyakarta (DIY). Data mining is based on primary and secondary legal sources linked to waqf governance employing empirical juridical research methodologies and transformational approaches. Meanwhile, a qualitative descriptive model was employed to analyze the data. The study's findings demonstrate that the Jogja Berwakaf Movement's program has successfully mobilized government and private partners in the DIY to collaborate and collaborate to address the community's socioeconomic difficulties. The Jogja Berwakaf Movement has raised awareness of waqf productivity's significance in speeding economic growth, socio-economic empowerment, and poverty alleviation. This movement resulted in a variety of program models, including the collection of innovative waqf through waqf auctions, literacy and education of waqf to the community through the 'Kopi Luwak' and 'Kopi Lawak' events, digitization of waqf integrated with poverty data in Sleman Regency, waqf corner at KUA throughout DIY through integrated waqf application and various other collaboration-based socialization, collection, and distribution programs of waqf. Through this collaborative movement, waqf governance is more optimal and directed, and the multiplayer effect is getting bigger. From the results of this study, apart from contributing to the acceleration of waqf governance in the regions, it can also become a rule model for sustainable waqf governance in Indonesia.
Differences of Salat Time Recording: Analytical Contemporary Method of Kitab al-Khulashah al-Wafiyyah Ahmad Fadholi
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3784

Abstract

The discussion on calculating Islamic prayer (salat) times contained in the Kitab Khulashah has its characteristics. The calculation process of salat beginning times has referred to the triangular ball algorithm system. Besides, there are also daqoiqut tamkin corrections presented through tables and calculator calculation methods. This interesting calculation can be studied; how the transformation system of salat time coordinates and the accuracy level of the salat beginning times calculation results. This study uses a library research paradigm with a qualitative theory verification approach using an arithmetic approach, and the results are presented descriptively and then compared with similar methods. The results show that the coordinate transformation refers to the modern astronomical system, and the calculation system has used spherical trigonometry (spherical triangle). The calculation results differ from 0 to 3 minutes with contemporary methods. Differences in data and methods cause it. Suppose the calculation is using the contemporary method. In that case, there is a difference of 0 seconds to 12 seconds. This indicates that modifications to the contemporary calculation system will produce a more accurate calculation when the calculation is made.
The Right to Buyback in Murabahah Akad with the Ba'i al-Wafa' System Based on Maqashid Sharia Dyah Ochtorina Susanti; Rahmadi Indra Tektona; Siti Nur Shoimah
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3873

Abstract

The objective of this article is to find out whether the right to buy back under a murābaḥah akad with the bay’ al-wafā’ system is contrary to maqāṣid al-sharÄ«a or not. Murābaḥah akad with the bay’ al-wafā’ system is a new type of contract resulting from modification. Applying akad optimally must contain benefits for the community by referring to the maqāṣid al-sharÄ«a. This study uses a normative legal research method with a statute legal approach and a conceptual approach. This study resulted in the findings that the right to buy back in a murābaḥah akad with the bay’ al-wafā’ system is not contrary to maqāṣid sharia because it provides benefits, profits, pleasure, benefit, and happiness for the parties (seller and buyer). Murābaḥah akad with the bay’ al-wafā’ system also has fulfilled 5 (five) main elements of realizing benefit, i.e., maintaining religion because it can keep humans from riba; nourish the soul, because sellers who get funds quickly and buyers who make a profit can use them to sustain their lives; maintaining the reason because the seller uses his mind to sell his products to the buyer to get funds to meet his needs, and the buyer uses his mind in seeking lawful sustenance (earning a profit) through the use of this akad; maintaining offspring, because will provide blessings and benefits for children, grandchildren, and their offspring; maintaining the property, because someone who has more assets (buyer) can use his wealth to help other people who need funds.
LARANGAN PERCERAIAN DALAM PERSPEKTIF HUKUM ADAT LAMPUNG Muhammad Yasir Fauzi; Agus Hermanto; Saiyah Umma Taqwa
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3920

Abstract

The people of Lampung have a paradigm that marriage is life and death, while divorce is forbidden because it will separate the two prominent families according to custom. This study aims to examine the paradigm of the Lampung indigenous people regarding the prohibition of divorce from the perspective of maqasid sharia. This qualitative field research has a socio-philosophical approach to reviewing maqasid sharia. While the primary data is by interviewing Lampung traditional leaders and communities, the secondary data is books and articles published about the prohibition of divorce in the indigenous people of Lampung. Philosophically, the people of Lampung have a life philosophy of pill pesenggiri (self-esteem) for the sake of maintaining the sacredness of the Lampung Pepadun traditional marriage, which is carried out according to religion and custom, so that divorce becomes a disgrace because it will lower family pride. However, this does not mean that it is absolute that divorce is an emergency exit, even though it is taboo by customary law. Meanwhile, historically, this customary prohibition law has been passed down by previous ancestors, which the indigenous people of Lampung preserved to protect their descendants (hifdzu nasl).
Trade of Debts Resulting from Financial Intermediation: Analysis from Sharia Perspective Abdulazeem Abozaid
Justicia Islamica Vol 19 No 2 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i2.3970

Abstract

The modern financial system encourages people to incur debts to fulfill basic needs and spend beyond one’s wants. The core of this system is based on interest, which results from the financial intermediation between creditors and borrowers. Regardless of the interest element prohibited in Islam, the notion of excessive debt creation through financial intermediation and trading the debt is very serious, as it may lead to global financial crises. The study seeks to address debt trading from a Sharia perspective and address the justifications and attempts by some institutions to validate debt trading despite its established prohibition in Sharia. To achieve the above, the paper employs qualitative research methodology, which adopts a textual analysis approach together with a review of the stands of the contemporary Fiqh bodies. The study finds that the excessive creation of debt through financial intermediation and its concentration in financial institutions poses a severe threat to the economy and carries the seeds of financial crises. Following debt creation and concentration, debt trading aggravates the situation. It pushes it beyond borders, whereas Sharia, through prohibiting debt trading, advocated thoroughly in the study, gives Islamic finance genuine immunity against financial crises.

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