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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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MENGATASI KEJAHATAN SIBER DALAM HUKUM ISLAM: STRATEGI DAN PENDEKATAN HUKUM Muhammad Sibawaihi; Devika Rosa Guspita; Badriyah Badriyah
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.v21i2.9587

Abstract

This research examines Islamic law strategies in Indonesia to combat cybercrime and illegal data dissemination. The main focus is to identify and analyze relevant Islamic law approaches in cybercrime in Indonesia and assess their effectiveness in addressing illegal data dissemination. Qualitative methodology was used to collect data, including document analysis and expert interviews. The results show that applying Islamic law principles such as justice, transparency, and accountability can strengthen law enforcement policies and practices in addressing cybercrime. The findings also emphasize the importance of improving education and awareness about Islamic law in preventing cybercrime. As a practical contribution, this research offers a legal framework that policymakers and law enforcement can integrate to address cybercrime and illegal data dissemination more effectively. By referring to principles such as justice (al-'adl) and the protection of individual rights (huquq al-insan), the article proposes preventive and enforcement measures that can be applied in the context of legal product formulation, policy drafting and more flexible law enforcement.
Mortgage Rights for The Sharia Banking Murabahah Akad its Position and Application Ayup Suran Ningsih; Rini Fidiyani; Harumsari Puspa Wardhani
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.v21i2.9626

Abstract

This research aims to explain the practice of mortgage rights in Islamic banking, the legal position of mortgage rights as a form of collateral in Islamic banking financing, the application/implementation of mortgage rights in Islamic banking financing, and explore whether mortgage rights as a form of collateral in Islamic banking financing have an equal position with credit in conventional banking. This research uses a sociolegal approach with secondary data sources, namely a review of primary legal texts, secondary legal literature, and non-legal sources. This research concludes that: 1) Mortgage Rights' validity in Islamic banking financing can be observed through the institution of Mortgage Rights regulated in Law Number 4 of 1996 concerning Mortgage Rights on Land and Related Objects. 2) In Islamic banking practice, there is a strong emphasis on the existence of collateral in the assessment of providing financing to customers. 3) Mortgage rights as collateral have a different position between conventional and Islamic banks. This research contributes to understanding the legal position and application of mortgage rights as collateral in murābaḥah contracts in Islamic banking. It compares it with the credit system in conventional banking. The research results are expected to provide policy references in the banking sector regarding more effective implementation of mortgage rights in murābaḥah contracts.
Maqashid Syariah dan Fatwa MUI: Dampak Prohibisi Salam Antaragama terhadap Keseimbangan Keluarga dan Keharmonisan Multireligius: Maqasid al-Shariah and its Implications for Multicultural Families in Indonesia Encep Taufik Rahman; Muharir Muharir; Hisam Ahyani; Nurul Ilyana Muhd Adnan
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.v22i1.9661

Abstract

The fatwa issued by the Indonesian Ulema Council (MUI) on the prohibition of interfaith greetings by Muslims has triggered significant discourse in the context of Indonesia's religiously and culturally plural society. This research aims to analyze the theological basis of the fatwa and its socio-cultural implications, especially in the context of multicultural families, through the maqasid syariah approach. Using a qualitative method based on content analysis, this research examines fatwa documents and related literature that discuss Islamic legal theory and interfaith social dynamics. The results show a tension between the principle of hifz al-din (protection of religion) and the goals of adl (justice) and maslahah (public welfare), especially since the implementation of this fatwa has the potential to cause emotional tension, social fragmentation, and decreased cohesion in interfaith families and communities. This study confirms that a normative and rigid theological approach, if it does not consider socio-cultural realities, can hinder efforts to build interfaith harmony. Therefore, a contextual and dialogical approach is needed in the stipulation of fatwas so that they are in line with the lived experience of Muslims in pluralistic societies. These findings provide conceptual and practical contributions to the development of Islamic fiqh that is more inclusive and adaptive to social diversity in Indonesia.
Interpreting Mafqūd in Modern Courts: The Influence of Classical Fiqh Schools on Judicial Ijtihad in Indonesia Hamda Sulfinadia; Jurna Petri Roszi; Amirulhakim Amirulhakim; Syahrul Anwar
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.9694

Abstract

This article addresses the question of how inheritance cases involving mafqūd are resolved in Indonesian Religious Courts and to what extent judicial reasoning reflects madhhab moderation within Islamic law. The issue of mafqūd, defined as a missing person whose life or death is legally uncertain, has long generated juristic debate due to divergent interpretations of the principle of istishḥāb al-ḥāl and the scope of judicial authority in determining death. This study positions itself within normative Islamic legal scholarship by examining judicial practice as an arena where classical fiqh interacts with contemporary positive law. Using a qualitative legal method, the research analyses twelve purposively selected Religious Court decisions through document study and juridical analysis. Operationally, the rulings are examined by comparing judges’ legal reasoning with doctrines from the Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī schools, as well as with the Compilation of Islamic Law. The findings reveal that judges do not strictly adhere to a single madhhab, but instead employ ijtihād qaḍāʾī to selectively integrate classical opinions with statutory norms to ensure legal certainty and substantive justice. This judicial pattern demonstrates madhhab moderation as a methodological approach rather than doctrinal compromise, contributing, theoretically, to the concept of living fiqh and, practically, to fair inheritance adjudication in Religious Courts.
The Prevention of Underage Marriage in Indonesia: State, Religious Authority and Human Rights Asfa Widiyanto; Siti Zumrotun; Heru Saputra
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.v21i2.9771

Abstract

This paper strives to investigate dynamic interplays among the state, religious authority, and human rights surrounding early marriage among Muslims in contemporary Indonesia. More specifically, this paper will address the following problems: (a) how do religious authorities respond to the cases of early marriage in Indonesia; (b) what kind of religious understanding should be developed to prevent early marriage in Indonesia; (c) how do religious judges exert their agency in preventing early marriage in Indonesia amidst the pressure of state, religion, and human rights. This research employs a qualitative methodology, including interviews with religious scholars and judges and analyzing legal documents. The finding of the research states that while some religious authorities advocate early marriage based on conservative interpretations, progressive scholars argue for delaying marriage to safeguard children's health and rights. In addition, a more context-sensitive understanding, rooted in maqasid al-sharia (objectives of Islamic law), is essential for preventing early marriage. Religious judges, meanwhile, play a pivotal role in navigating social, legal, and religious pressures, especially in cases involving pre-marital pregnancies in Indonesia. This study contributes to the sociology and politics of Islamic law, most notably in unravelling the complexity of power relations among the state, religious authority, and human rights regarding underage marriage.
KONVERGENSI ANTARA RESTORATIVE JUSTICE DENGAN AL-'AFWU UNTUK PEMBARUAN HUKUM ACARA PIDANA DI INDONESIA: Reforming Criminal Procedure Law in Indonesia Khamim Khamim; Moch. Choirul Rizal; Andi Ardiyan Mustakim
Justicia Islamica Vol 22 No 2 (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.v22i2.9807

Abstract

Digital transformation in rural areas through the Smart Village concept has become a key strategy in sustainable development. Ministerial Decree No. 55 of 2024 on General Guidelines for Smart Village Development serves as the legal foundation for implementing the Smart Village policy, which aligns with the achievement of the Sustainable Development Goals (SDGs). By limiting the regulatory analysis to Ministerial Decree No. 55 of 2024, this article examines: (1) data standards and connectivity, (2) data protection and privacy, (3) financing and procurement, and (4) multi-stakeholder collaboration. The assessment of policy success is framed through five maqashid al-shariah dimensions: hifz al-din (ethical and inclusive governance), hifz al-nafs (health, safety, and food security), hifz al-aql (education and digital literacy), hifz al-nasl (family welfare and environmental sustainability), and hifz al-mal (economic empowerment and asset governance). Specifically, we contextualised our findings through case studies of Ponggok and Grajagan. The findings indicate that although the legal framework is clear, it remains limited to symbolic information and technology (ICT) infrastructure projects. Law enforcement and legal culture, which require partnerships among village officials, facilitators, and residents, receive insufficient attention. Other barriers include human resources, weak digital infrastructure, and poor coordination across actors. We recommend issuing a Village Regulation (Perdes) to operationalise Ministerial Decree No. 55 of 2024, which establishes data standards that are connected and easy to use, includes data protection clauses, and appoints trained village digital stewards. This study is intentionally limited to Ministerial Decree No. 55 of 2024; other regulations are noted as limitations and avenues for future research.
A Judge's Response to the Phenomenon of Indonesian Legal Pluralism: The Compartmentalization of Law on Divorce Case of Sasaknese Marriage Murdan Murdan
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.v22i1.9818

Abstract

The legal plurality in a civil and plural society, such as Indonesian, is necessary. Today, Indonesians practice state law and are subject to religious and customary law. The Sasaknese live in Indonesia's state territory, which requires them to submit to Indonesian state law. In contexts of ethnicity and local civilization, they need the pursuance of Sasak customary law, and in the context of Muslims, they need the subservience of Islamic law. These three laws have rules regarding marriage law, tradition, and culture. This article will discuss and deal with the response of the state officer and the Praya Religious Court in Lombok Island in the case of Sasaknese divorce. The approach is socio-legal studies and the theory of legal compartmentalization. A methodological study of this article deals with juridical-normative-empirical analysis. The critical point explored in this article is the attitude of legal compartmentalization as an essential response from judges in seeing the phenomenon of legal plurality in the Sasak society. The judges adopted legal compartmentalization to provide justice, and protection, and balance rights and obligations between men/husbands and women/wives in a family.
Syariat in Action: Assessing the Impact of Jinayat Law on Social Order in Aceh Bastiar Bastiar; Bukhari Bukhari; Anwar Anwar; Iswandi Iswandi; Mowafg Abrahem Masuwd
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.v22i1.9913

Abstract

This research aims to examine in depth how the application of Qanun Jinayat in Aceh affects the dynamics of social order in the community. With a qualitative approach based on case studies, this study explores the perceptions of various community groups including religious leaders, law enforcement officials, and vulnerable groups to understand the effectiveness, challenges, and social impacts of the implementation of sharia-based law. Data was collected through in-depth interviews, field observations, and focus group discussions in four strategic areas of Aceh, and then analyzed thematically with the help of ATLAS.ti software. The results of the study show that although the jinayat law contributes to a reduction in moral offenses such as gambling and alcohol consumption, its implementation is not uniform and still faces various obstacles, both technical, social, and legal. Concerns about discriminatory treatment of women and minority groups are also a major concern. Therefore, it is recommended that there be harmonization between qanun and national law and the strengthening of protection for vulnerable groups, so that the application of this law can take place fairly and inclusive in order to maintain social stability in Aceh.
Rethinking Marriage Guardians for Widows in Indonesia : Perspective of Legal Certainty and Maslahah Theory Ahmad Suryana; Khoirul Hidayah; Muhammad Muhammad
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.v22i1.9990

Abstract

The issue of marriage guardianship (wali nikah) for widows remains crucial in Indonesia.  BPS 2022 data shows over 13 million widows (cerai mati) and 2.7 million divorced women (cerai hidup). He absence of explicit regulation in Article 14 of KHI creates legal uncertainty, often leading widows to unregistered marriages (nikah sirri), risking their legal protection and rights. It is at this point that the study of this article aims to examine more deeply the stipulation of the “marriage guardian” requirement for widows in the Compilation of Islamic Law, reviewed according to the theory of legal certainty and benefit. At the same time, this article also aims to identify and analyze the form of reformulation of the provisions of marriage guardianship for widows according to the theory of legal certainty and legal benefit. The research method used in this article is a qualitative prescriptive method with a normative juridical approach, utilizing legal interpretation and literature review. The findings indicate that Article 14 of the Compilation of Islamic Law does not explicitly regulate the marriage guardian for widows, causing legal uncertainty and increasing unregistered marriages (nikah sirri), which result in unclear legal status and administrative obstacles. The study recommends the reformulation of clear and fair provisions affirming the widow's authority in marriage, ensuring legal certainty and alignment with the principles of Islamic law and national legal norms. The contribution of this article lies in offering a specific legal reformulation of Article 14 of the KHI regarding the marriage guardian for widows.
Fiqh Humanism in Interfaith Relations: Sufistic Expressions of Shalawat Wahidiya in Indonesia Bustanul Arifin; Diyan Putri Ayu; Ahmad Insya Ansori; Muhammad Misbahuddin; Safa Alrumayh
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.10264

Abstract

This study examines how fiqh humanism can be operationalised as a lived legal–ethical framework through the Sufistic practices of Shalawat Wahidiya in Indonesia. The research addresses the question of how Islamic legal objectives (maqāsid al-sharīa) are translated into concrete interfaith engagement and social ethics in a plural religious context. Positioning itself within maqāsid-oriented jurisprudence and contemporary Sufism studies, the article argues that Islamic law does not need to be limited to normative abstraction or legal formalism, but it can function as an ethical system verified through social practice. Methodologically, the study employs a convergent mixed-methods design, integrating a survey of 382 respondents with participant observation, in-depth interviews in Jombang, East Java and document analysis. Quantitative data map patterns of inclusivity, interfaith attitudes, and community sustainability, while qualitative findings explain how these patterns are ethically internalised and institutionally organised. The findings demonstrate that Wahidiya operates as a living maqāsid system, where collective dhikr, ritual openness, and consultative governance foster emotional security, interfaith comfort, and social cohesion without weakening Islamic commitment. The study contributes theoretically by advancing fiqh humanism as an empirically verifiable framework and provides a model that can be used to analyse Islamic legal and spiritual practices in diverse societies.

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