cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Lukman Santoso
Contact Email
justicia@uinponorogo.ac.id
Phone
+6285643210185
Journal Mail Official
justicia@uinponorogo.ac.id
Editorial Address
Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
Location
Kab. ponorogo,
Jawa timur
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
 18   19   20   21   22 
Aligning Islamic Law and Customary Law: Legal Dialectics in the Tradition of Forced Marriage in Jambi Dinda Difia Madina; Zezen Zainul Ali; Mega Puspita
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.4720

Abstract

This research will discuss the practice of forced marriage tradition by customary sanctions for returning home late at night in the Lekuk 50 Tumpi Lempur Jambi community. This research will also examine the interaction between Islamic law and customary law on the sanctions of the tradition. The research method used is field research. Data is collected by interviewing 16 informants, 7 couples, and two traditional leaders in Lekuk Lima Puluh Tumbi Lempur Jambi. Furthermore, the data that has been obtained is analyzed. So that the research results found that the interaction of Islamic law and customary law in the tradition of forced marriage in the Lekuk 50 Tumbi Lempur community, First, pre-marriage or imposition of sanctions, the nuances of Islamic law and custom go hand in hand. Second, the marriage contract procession is carried out with the Islamic religion, such as pillars and conditions. Third, post-contract, although the nuances of custom can be said to be more, it does not leave the nuances of religion. Theoretically, this research offers insight into the harmonious and complementary relationship between Islamic law and customary law, which is different because the two laws generally intersect. In addition, practically, this research reveals the practice of forced marriage carried out by custom, not from the family, which generally occurs
Optimizing the Wukuf-”˜Arafah Time Determination Model According to the Governments of Saudi Arabia and Indonesia Nihayatur Rohmah
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.v19i2.4839

Abstract

Eid al-Adha is a historic moment for Muslims not only in Indonesia but also for Muslims around the world. Based on astronomical reckoning data, it is known that determining the beginning of the month of Dzulhijja 1443 H is essential to have a difference. This is interesting to study because it has an impact on Muslims. For the government of Saudi Arabia, the Ummul Qura calendar is a civil calendar used for administrative purposes. Meanwhile, for the sake of worship, determining religious days in one of them determines that Ramadan, Shawwal, and Dzulhijja become the authority of the al-Qodi al-a'la assembly. The Government of Indonesia, through the Ministry of Religion as of Ramadan 1443 H, has used the MABIMS New Criteria in determining the beginning of the Hijriya month so that with the enactment of this new criterion, there is a difference in determining the time of Wukuf-Arafah between the Saudi and Indonesian Governments. Based on these differences in determination, two problem formulations want to be studied further. First, how do the Saudi and Indonesian Governments use the model/method in determining the time of wukuf-arafah, and secondly, for Muslims with differences in determining the time of wukuf-arafah? To answer the formulation of the problems, this study analyzes it based on the Ummul Qura Calendar system used by the Saudi Government and Imkanur rukyat with the new MABIMS criteria used by the Indonesian Government. One application of the new MABIMS criteria in Indonesia is the difference in Eid al-Adha between the Government of Indonesia and one of the religious mass organizations, Muhammadiyah. Another implication is that various polemics are developing in the community regarding whether or not fasting the Sunnah of Arafah is different from the determination of the day of Wukuf.
The Inception of SKB on Ahmadiyya: From State of Power to State of Law Mochamad Sodik; Gufron Gufron; B.J. Sujibto
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.v19i2.4871

Abstract

The product of the law on Ahmadiyya, known as the SKB (Surat Keputusan Bersama) or Joint Ministerial Decree, bans them from conducting religious activities, has provoked a polemic and controversy. This article examines the socio-political process of the SKB and criticizes the essence of the state of the law by proposing the concept of limitation of power. Ahmadiyya adherents in Manislor, Kuningan, have become role models in responding to the dynamics of the SKB. Using a qualitative approach to understand the local voices and experiences deeply, the data were based on fieldwork and collected through observations, interviews, and documentation. This article found that (1) the SKB is a controversial political product since the birth of SKB was influenced by various political powers consisting of internal and external parties; (2) the current social situation of Ahmadiyya adherents in Manislor who fervidly initiated to overcome the conflict affected the dynamics of social actors in supporting the process of social integration within society; and (3) the limitation of the power of the government and state apparatus is crucial to avoid abuse of power in dealing with minorities. The limitation of local and national government power is required to obey the law, human rights, and other noble values originating from religious, moral, and ethical norms. 
The Development of Startup Coop in Indonesia: An Overview Maqashid al-Sharia Jayusman Jayusman; Efrinaldi Efrinaldi; Muhammad Aulia Rachman; Muhammad Jayus
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.4884

Abstract

This paper uses the juridical-philosophical method and conceptual approach to develop regulations for cooperative-based startup companies (startup coop) in Indonesia from the perspective of positive law and maqāsid al-Sharīa. This study concludes that the issue of startup coop from the maqashid perspective is considered not contrary to Islamic values, the principles of muamalah, and in harmony with the objectives of the law. Startup Coop is oriented towards creative innovation based on the value of brotherhood and kinship. In addition, startup coops also aim to absorb productive labor and develop human resources from among the younger generation in creative business development. This research contributes to optimizing creative and innovative human resources in line with maqashid ideal goals.
PERLINDUNGAN HAK SPIRITUAL KONSUMEN MUSLIM DALAM PROGRAM SERTIFIKASI HALAL JALUR PERNYATAAN PELAKU USAHA (SELF DECLARE) Rooza Meilia Anggraini; Anis Hidayatul Imtihanah; Yudhi Achmad Bashori
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.5003

Abstract

The end of the Government Regulation in Lieu Law No. 2 of 2022 concerning Job Creation significantly changes the Halal Product Guarantee Law. The Indonesian Ulema Council is no longer authorized to issue fatwas on products filed under the Self Declare program. The transition from the Fatwa Commission to the Fatwa Committee, whose members are academics and ulama, as well as the accelerated halal certification program for institutions under the Ministry of Religion, may provide opportunities for violations for both business actors and PPH assistants, potentially affecting the spiritual rights of consumers. This article examines the government's strategy for promoting the halal business through self-declaration and comprehending the notion of ensuring Muslim customers' spiritual rights in the self-declare halal certification program. This normative legal research article has a conceptual, statutory, and case approach. This research is classified as library research since it relies on library materials as a normative legal research data source. According to the study's findings, the self-declare program is one of the government's methods for achieving 10 million halal certificates by 2024. However, this program needs further evaluation, particularly in terms of supervision. If PPH assistants and business actors apply the provisions of the Law, the spiritual rights of consumers as part of their religious rights granted by the Constitution can be fulfilled.
Impact of Implementation of Halal Tourism in West Nusa Tenggara Province: Maqashid al-Sharia Perspective Abdul Rachman; Bilaly Sangare
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.5173

Abstract

This study aims to analyze the benefits and harms of implementing Halal Tourism in West Nusa Tenggara Province from the perspective of maqashid al-sharia. This study uses a qualitative method with a phenomenological approach and holistic Fiqh theory. The phenomenological approach is carried out to analyze social phenomena after implementing halal tourism. The Fiqh theory approach focuses more on Islamic law within the scope of maqashid al-sharia. The results of the study state that the impact of halal tourism in West Nusa Tenggara Province on the community, tourists, and the government is dominated by benefit rather than benefit. The impact of halal tourism from the perspective of maqashid al-sharia can be seen from indicators in maintaining religion (hifdz ad-din) in halal tourism, namely the convenience for tourists with the availability of prayer facilities in each destination. In protecting life (hifdz an-nafs), local governments are increasing the number of halal certifications, localization of Halal tourism destinations, and restrictions on alcoholic beverages. In maintaining reason (hifdz al-'aql), the role of the community in developing halal tourism is carried out through Islamic boarding schools. In protecting offspring (hifdz an-nasl), tourists and the public can use several sharia-compliant lodging accommodations such as the Syariah Motel and the Grand Madani Syariah Hotel. Meanwhile, in protecting assets (hifdz al-maal), the community and government provide halal businesses and Islamic financial institutions such as Bank NTB Syariah. The contribution of this article is a guide for the government in making policies and regulations for the implementation of halal tourism in Indonesia.
Reinforcement Pattern Religion, Social, and Marriage Law for Resistance Family Baha'i Minority in Indonesia Rusdin Muhalling; Mohd Zaidi Daud
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.5183

Abstract

The lives of minority groups have slightly different forms of interaction in religious aspects, social relations, and marriage law. Minority groups often experience discrimination in religious, social, and marriage administration services. This research provides an overview of religious patterns, social relations, and marriage law for the Baha'i minority group in Indonesia and the obstacles they face in interacting with general community groups. This research is qualitative research with a phenomenological approach. The participants in this study amounted to 10 people who were heads of families of the Baha'i group. The study's results found four crucial aspects of the life of the Baha'i community. First, the Baha'i group in religious life has three principles: the existence of the One God, the unity of all religions, and human unity. Second, the Baha'i group socially has no problems with the general public and can be socially accepted. Third, the Baha'i group in the legal aspect of marriage cannot access the legal registration of marriage. They perform inter-group marriages only and are only known to their group. Fourth, the obstacles experienced by the Baha'i group are more related to social and state rights services. The results of this study contribute theoretically to enriching and strengthening science and practically will reduce social problems in society, especially respect for minorities such as the Baha'i group.
The Authoritativeness of Fatwa: A Study of Sharia Banks' Compliance with the DSN-MUI Fatwa on Fund-Raising Abdul Mun'im Saleh; Rizqi Jauharotul Amalia; Khoirul Fathoni
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.5306

Abstract

This article investigates the background of Bank SS Syariah Jatituwo Branch Office's decision to launch the Protab program, which conflicts with Fatwa No. 86/DSN-MUI/XII/2012 of the Indonesian Ulema Council (DSN-MUI) concerning Gifts in Fundraising for Islamic Financial Institutions. The decision in the case of Bank SS Syariah Jatituwo raises questions about the DSN-MUI Fatwa's binding power over Islamic financial institutions in Indonesia. The information in this research gathered from the leaders and officials of Bank SS Syariah Jatituwo was analyzed using the theory of fatwa in Islamic legal thought and the role of the DSN-MUI Fatwa in the Indonesian national legal system. This study concludes that the position of a non-binding fatwa is correct according to Islamic law. This, however, violates the direction of positive law in Indonesia, which in principle gives the DSN-MUI Fatwa binding power and requires Bank Indonesia to transform the material for the DSN-MUI Fatwa, which contains sharia principles regarding sharia economy and finance, into material content of statutory regulations. have legal and binding force. Because these requirements have not been made the standard in laws and regulations and have only been appointed in concept, the Director of Bank SS Syariah Jatituwo uses loopholes to disagree with fatwas and laws.
Regulation of Halal Product Certification in the Dynamics of Indonesian Legal Politics Warsis Mawardi; Muchammad Ichsan
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.5336

Abstract

This study aimed to explore how the regulation of halal product certification in the dynamics of Indonesian legal politics, especially since the institutionalization of the halal certification system in 1975, then continued with the issuance of Law No. 8 of 1999 concerning Consumer Protection (UUPK), which transformed with the establishment of Law no. 33 of 2014 concerning Guarantee of Halal Products (UU JPH). By using a doctrinal research typology and qualitative data analysis, this research produces the following conclusions: First, the regulation of halal certification presents a political configuration, especially during the discussion of the JPH Law, resulting in pros and cons between the MUI, the government including the faction of the DPR faction regarding the institution authorized to carry out the certification, including whether or not business actors must carry out certification. Second, the shift in authority for halal certification, which was initially carried out by the MUI, after the arrival of the JPH Law, the transition and implementation of halal certification by BPJPH have triggered a political configuration that needs to be harmonized and consolidated immediately so as not to cause institutional disharmony
Medical Assistance in Dying (MAiD): Human and Humanity in the Study of Fiqh Maqashid Kutbuddin Aibak
Justicia Islamica Vol 20 No 1 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i1.5756

Abstract

This study aimed to formulate the construction of fiqh maqashid as a standardization of the concept of humanity in Medical Assistance in Dying (MAiD). This study contributes to actualizing fiqh maqashid as a standardization of values in solving humanitarian problems. This is based on the phenomenon of MAiD, which is considered controversial in the eyes of social religion and state law as in the concept of Islamic law (fiqh), which sees that the protection and realization of human existence and humanity are essential values in the study of Islamic law (fiqh). This argumentation must be elaborated in depth regarding interests and benefit elements in the MAiD phenomenon. The stages of the realization of benefits in the context of the approach to Islamic law (fiqh) are one of the representations and forms of elasticity in the study of the objectives of Islamic law (maqashid al-sharia). The relevance of maqashid al-sharia studies as a form of maqashid fiqh approach is considered to carry urgency in determining aspects of benefit in the MAiD phenomenon and representing maqashid fiqh in realizing human protection and humanity. This study uses literature research with data from various phenomena and regulations on MAiD, which are presented descriptively and then critically analyzed through the fiqh maqashid approach. This study found that the realization of the MAiD program through euthanasia has implications for the non-realization of the essential values of maqashid al-sharia in fiqh maqashid. This study confirms that fiqh maqashid has an orientation towards solving human problems based on humanity

Page 20 of 36 | Total Record : 359

 18   19   20   21   22 

Filter by Year

2004 2026


Reset
Filter By Issues
All Issue Vol 23 No 1 (2026) Vol 22 No 2 (2025) Vol 22 No 1 (2025) Vol 21 No 2 (2024) Vol 21 No 1 (2024) Vol 20 No 2 (2023) Vol 20 No 1 (2023) Vol 19 No 2 (2022) Vol 19 No 1 (2022) Vol 18 No 2 (2021) Vol 18 No 1 (2021) Vol 17 No 2 (2020) Vol 17 No 1 (2020) Vol 16 No 2 (2019) Vol 16 No 1 (2019) Vol 15 No 2 (2018) Vol 15 No 1 (2018) Vol 14 No 2 (2017) Vol 14 No 1 (2017) Vol 13 No 2 (2016) Vol 13 No 1 (2016) Vol 12 No 2 (2015) Vol 12 No 1 (2015) Vol 11 No 2 (2014) Vol 11 No 1 (2014) Vol 10 No 2 (2013) Vol 10 No 1 (2013) Vol 9 No 2 (2012) Vol 9 No 1 (2012) Vol 8 No 2 (2011) Vol 8 No 1 (2011) Vol 7 No 2 (2010) Vol 7 No 1 (2010) Vol 6 No 2 (2009) Vol 6 No 1 (2009) Vol 5 No 2 (2008) Vol 5 No 1 (2008) Vol 4 No 2 (2007) Vol 4 No 1 (2007) Vol 3 No 2 (2006) Vol 3 No 1 (2006) Vol 2 No 2 (2005) Vol 2 No 1 (2005) Vol 1 No 2 (2004) Vol 1 No 1 (2004) More Issue