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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 359 Documents
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Social Justice and Humanity on Polygamous Marriage at the Religious Court of Pasuruan, Indonesia Mukhammad Nur Hadi; Faridatus Suhadak; Zuliza Mohd Kusrin
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.v20i2.7324

Abstract

Polygamy can be granted if it meets one of the alternative conditions and the absolute cumulative condition. However, sometimes alternative terms are used as wrappers for other reasons to look ridiculous, such as humanity. This paper examines three polygamy rulings at the Pasuruan Religious Court in 2019 using the three Indonesia Women Ulama Congress (KUPI) fatwa approaches ma’ruf, mubadalah, and ultimate justice. The article finds that the reason for public justice is used to wrap up humanitarian reasons. In the ma’ruf approach, the standard of public justice as the basis for judges' consideration needs to be more precise because it does not refer to the global public experience. These standards are not in harmony with the decent logic of women in general. The Mubadalah approach ensures a balanced interpretation and interplay of public justice and humanity. The judge’s reasoning for considering standards of public justice and humanity based on patriarchal paradigms deserves to be criticized. The ultimate justice approach illustrates that the judge's reasoning is not based on women's biological, sociological, and anthropological life experiences in the case of polygamy. Using justice and justifying humanitarian reasons in some polygamy rulings in the Pasuruan Religious Court does not yet have a solid basic legal paradigm
The Existence of Marriage Post the Constitutional Court Decision: As a Right or a Prerequisite? Nurul Hikmah; Syahid Akhmad Faisol; Mohd Aderi Che Noh
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.7333

Abstract

The practice of marriage is always closely related to the arrangements in religious law and state law. This research aims to answer two legal issues, namely the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 and the implications of the Constitutional Court Decision No. 24/PUU-XX/2022 in the aspects of Islamic law and national law. This research is a normative legal research with case, conceptual, and legislative approaches. The findings of this research confirm that the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 is not only seen as a human right as a freedom for everyone to enter into marriage. But it must be based on the values of religious law as a representation of the legality of marriage by the state. The orientation of the Constitutional Court Decision is important because KHI and the Marriage Law have the same perspective in viewing marriage as a prerequisite and not as a right. The practical contribution of this research is related to ideal legal policy, namely the need for affirmation and formulation in Indonesian legislation that marriages that do not aim to form families and are oriented towards continuing offspring are invalid in accordance with the aspects of maslahat mursalah and the Indonesian legal system.
Sexual Exploitation in Marriage Tourism: Justice and Legal Protection for Victims in Cianjur and Jember Muhammad Faisol; Sri Lumatus Saadah; Martha Eri Safira; Lailatul Mufidah
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.7338

Abstract

This article aims to provide recommendations for establishing regional regulations related to tourist marriage, the imposition of strict sanctions, and efforts to protect victims. The urgency of this research is because, in several tourist areas, there has been a practice of contract marriage involving women and children with tourists for years. This research uses descriptive-qualitative data analysis with a case study approach. In contrast, data collection techniques are done through interviews and a literature review of online source data. Based on the results of the research, it was found that contract marriage cases in the Puncak Bogor area and the Jember area are one type of sexual trafficking with child victims involving marriage brokers, parents, and tourists. This marriage is motivated by economic factors to save themselves and their families from poverty. Victims are primarily virgin girls aged 14-18 years who are married off on a transactional basis in exchange for half of the promised dowry. In practice, marriages are conducted are not registered. The local government in Jember has passed a local regulation on protecting women and children, while in Cianjur a district head regulation on the prohibition of contract marriages was passed. Socialization from the Religious Affairs Office and local government is still done in tourist areas. However, some contract marriage practices can still be found because women do not feel they are victims of sexual trafficking. This research provides a basis for local government policy towards handling and minimizing the practice of contract marriage.
Reassessing Tajdid al-Nikah: Maqasid al-Shariah and Legal Status of Illegitimate Children in Central Lombok Doni Azhari; Asmuni Asmuni; Khoiruddin Nasution
Justicia Islamica Vol 22 No 1 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i1.7343

Abstract

The practice of tajdid al-nikah (renewal of marriage) within the framework of Maqhasid Sharia presents significant issues in Islamic law, particularly concerning legitimizing the lineage (nasab) of children born outside of marriage. In Islamic law, a couple involved in adultery can validate their relationship post-birth of a child through tajdid al-nikah to establish legal paternity. Although this practice aims to fulfill maqasid al-shariah objectives, such as preserving religion and lineage, it introduces various social, ethical, and legal challenges. This study aims to evaluate the social, moral, and legal ramifications of tajdid al-nikah and assess its alignment with the core principles of maqasid al-shariah, namely, the preservation of religion, lineage, intellect, and property. Additionally, it examines local perceptions in Central Lombok regarding tajdid al-nikah and the Islamic understanding of children born outside of marriage. The research employs a combination of literature review, field investigations, document analysis, and interviews with Islamic law experts and local religious leaders, using an analytical descriptive method grounded in Islamic legal principles. The findings reveal the complexities associated with tajdid al-nikah. While the practice supports maqasid al-shariah goals such as preserving lineage and religion, issues such as the ambiguity in confirming legitimate lineage and potential social repercussions highlight the need for further study. This research advocates for continued exploration and discussion on how tajdid al-nikah can be effectively integrated within an Islamic legal framework that respects maqasid al-shariah values, justice, legal certainty, and social welfare.
Maqashid’s Lens on Checks and Balances of Simultaneous Elections In Indonesia Muhaimin Muhaimin; Sirajul Munir; Zahratur Rofiqah
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.v20i2.7377

Abstract

This study aimed to explore the principle of checks and balances using the results of simultaneous elections from the perspective of Maqashid al-Syariah. This study is legal research with a normative, comparative, and conceptual approach. According to the findings of this study, the scope of maqashid al-sharia has been considered in the control of state life (maqashid al-siyasah) as part of the development of current maqashid studies. In implementing checks and balances, the nation's interests (hifdz al-ummah) are the main objective of consolidating executive and legislative institutions after simultaneous elections. A government will function effectively if the elected president receives support from a broad coalition in parliament; if he receives just minority support in parliament, the government will face political challenges and become unstable. As a result, institutional ties must be strengthened to offer checks and balances based on maqashid siyasi. This study adds to the implementation of checks and balances based on performance and the interests of the people, rather than political sentiment, to develop friendly governance following the simultaneous elections.
Harmony in Diversity: The Role of Minority Jurisprudence in Realizing Religious Harmony in Jayapura, Papua Moh. Wahib Aziz; Amri Amri; Ahmad Havid Jakiyudin; Siti Aminah
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.7394

Abstract

This research aims to answer how the ideal model of minority fiqh implementation in Jayapura Regency and its contribution to religious harmony in Indonesia. This research is a juridical-empirical research with normative theological and sociological approaches. The data was analysed using descriptive qualitative method. The research data was obtained through interviews and observations of informants and research locations in Jayapura. In contrast, document data was obtained from various literature sources, such as books, journal articles, and research reports. Based on the research conducted, the results show that the implementation of the fiqh of the Muslim Minority of Jayapura Regency can be formulated in 4 four models: 1) taking the opinion of the madzhab that facilitates the uncleanliness of dogs and pigs; 2) allowing Muslims to say Merry Christmas to Christians; 3) being able to participate in ceremonial activities and Christmas committees, and 4) the permissibility of electing non-Muslim leaders. Based on the research findings, it shows that there are factors driving the implementation of the fiqh of religious harmony by Muslim minority communities in Jayapura Regency. This research also contributes to realising religious moderation in a pluralistic society.
Presidential Threshold in the 2024 Presidential Elections: Implications for the Benefits of Democracy in Indonesia Umarwan Sutopo; Achmad Hasan Basri; Hilman Rosyidi
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.7577

Abstract

Elections are one of the Indonesian people's efforts to elect the best leaders as well as the embodiment of a democratic country. The Presidential Threshold (PT) that applies in the 2024 presidential election (Pilpres) is one of the things that has become a polemic in society. This can be seen in several judicial review processes by the public and groups requesting the abolition of the threshold. With normative research and conceptual and legislative approaches relating to elections in general and presidential elections in particular, this research questions its benefits. The benefit in question is the benefit that returns to the community in particular and the government system that is formed. Through literature study and qualitative analysis, the results showed that the existence of PT contradicts the wrongful benefits and ḍarūrī in the nation's life and democracy. This means the people are limited in choosing presidential and vice-presidential candidates who truly suit their wishes. The nation's best sons and daughters are limited in their rights to nominate themselves as leaders because of the PT. Furthermore, the ruling party has a tremendous opportunity to control the presidential system, both at the legislative and executive levels, and this is undoubtedly contrary to the benefit itself.
Fiqh Daily Prison: Practical Solutions of Islamic Law for the Problems of Prisoners Najamuddin Najamuddin; Ridhoul Wahidi; Riki Rahman
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.7951

Abstract

The article aimed to answer the daily fiqh problems of prisoners in Correctional Institutions (Lapas) class II Tembilahan. The fiqh problems related to Islamic law relating to individuals, relationships with God and prison society. The structured interviews with prisoners and the study of relevant documents were used to answer the research questions. This research uses a qualitative approach and literature by referring to classical and contemporary fiqh books. This research resulted in the findings of the formulation of daily fiqh of prisoners in Class II Tembilahan Correctional Institution, namely: First, related to fiqh laws that concern individual issues such as masturbation, tattoos, vital organs installed with roles to becoming prayer leader (imam), paying debts from drug money, anxious between farting or not at the time of bowing or prostration, the law of not providing maintenance for the wife for a long time, and apologizing to parents who have died. Secondly, there is the issue of fiqh rulings between the servant and Allah. In this case, one issue is the law of the zuhur prayer being performed before the Friday prayer. Third, issues related to relationships with society. In this case, there is one issue, namely maintaining tolerance for non-Muslims in prison. This research contributes to providing Islamic legal solutions to the daily problems of Muslim prisoners to continue to carry out religious obligations in correctional institutions and as a reference for policymakers in correctional institutions to continue to present legal benefits for Muslim prisoners.
Systems of Government in Islamic Countries: The Dynamics of Sharia Law from the Prophetic Period to the Modern Era Sukardi Sukardi; Muhammad Adib Alfarisi; Riyani Riyani
Justicia Islamica Vol 21 No 2 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i2.8465

Abstract

This article explores the forms and systems of government practiced by Islamic states from the time of the Prophet to the present day. This research departs from the problem of the debate on the relationship between religion and the state in the practice of Muslim countries that form the diversity of Islamic state administration from classical to modern times. This conceptual research is related to classical to contemporary government practices in Muslim countries. This research uses heuristic and philosophical approaches. Based on the research conducted, this study concludes that four factors cause diversity in the implementation of the constitutional state of Islamic countries, namely: 1) there are no specific rules on constitutionalism in Islamic teachings, 2) the centralized and absolute power of the caliph, 3) the growing tradition of the rule of law, and 4) the influence of Western concepts of democracy through international expansion and the expansion of power in the colonial era. This study contributes practically to offering a more adaptive model of interaction and negotiation of diversity-based governance and constitutions of Muslim-majority countries.
Examining Witness Interest: The Obstacles of Testimony in Islamic Jurisprudence and Positive Law Hijrian Angga Prihantoro
Justicia Islamica Vol 21 No 1 (2024)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v21i1.8653

Abstract

This study compares Islamic jurisprudence and positive law to explore the obstacles of testimony, focusing on the complexity and controversy surrounding witnesses' interests. Employing a legal comparative method, the research examines self-interest in testimony, emphasizing authoritative sources like fiqh books and Jordanian law, shedding light on the concept of self-interest as its primary focus. It highlights the differences between Islamic jurisprudence and contemporary legal frameworks, providing a nuanced understanding of witness actions in legal processes. This research's findings reveal that testimony's self-interest predominantly relates to lineage, siblinghood, marital relationships, hostility, and partisanship. The results show both Islamic jurisprudence and positive law recognize the prohibition of testimony due to self-interests is not absolute; there are many interpretations and exceptions to this restriction, with differences stemming from the reliance on religious texts in Islamic jurisprudence and legal reasoning in positive law. This gap arises from the ability of contemporary law to examine the interests of witnesses from various perspectives and through the use of different evidentiary tools. This research contributes practically that the application of law that is different from what has been formulated by fiqh scholars in Islamic jurisprudence does not necessarily indicate that the legal decision is at odds with Islamic law.

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