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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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Pemikiran Politik dan Kenegaraan Hasan Al Turabi dan Mahmoed Mohammed Thaha Muhibbin Zuhri
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze and compare the political thoughts and concepts of statehood of Hasan al-Turabi and Mahmoed Mohammed Thaha, two Muslim intellectual figures who have different views on Islam and politics. The method used is qualitative research with a descriptive-analytical approach and a comparative study of the works and ideas of both. The results show that al-Turabi emphasizes Islam as the basis of a modern and inclusive political system, while Thaha proposes a reinterpretation of Islamic teachings with a progressive and humanist approach. Their thoughts reflect differences in seeing the relationship between religion and the state, with al-Turabi supporting the integration of Islam in politics, while Thaha emphasizes separation to achieve social justice. This study provides new insights into the dynamics of Islamic political thought and its relevance in the contemporary political context.
Hikmah Dalam Perspektif Pembinaan Hukum Islam Moh Hasyim
Justicia Islamica Vol 1 No 1 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the concept of wisdom in Islamic law and its implications for the formulation of fair and contextual law. The method used is normative juridical research with a conceptual approach and analysis of the main sources of Islamic law, such as the Qur'an, Hadith, and the thoughts of scholars. The results of the study show that the wisdom of Islamic law does not only refer to discretion, but also to the purpose of the law (maqāṣid al-sharī'ah) which emphasizes the interests of the community. The principle of wisdom plays a role in the flexibility of Islamic law so that it can be applied in accordance with the times without losing the essence of sharia. Therefore, in the development of Islamic law, an approach is needed that balances normative texts and social needs in order to create a more responsive and equitable legal system.
Pembaharuan Hukum Islam: Perspektif Muhammad Abduh Moh Munir
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of Islamic law reform in the perspective of Muhammad Abduh and its relevance in the context of modern Islamic law. The method used is normative juridical research with a historical and conceptual approach, through a study of the literature of Abduh's works and the thoughts of contemporary scholars. The results of the study show that Abduh emphasizes ijtihad as the main instrument in the renewal of Islamic law, by rejecting taqlid which limits the development of law. He argues that Islamic law must be dynamic and able to adapt to social change, without neglecting the basic principles of sharia. His thinking made a significant contribution to the reform of Islamic law, especially in building a legal system that is more rational and in line with the needs of modern society. This study emphasizes the importance of a contextual approach in understanding and developing Islamic law.
Politik Hukum Islam di Indonesia: Studi Terhadap Legislasi Kompilasi Hukum Islam (KHI) Sirojudin Ahmad
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the politics of Islamic law in Indonesia through a study of the process of legislating the Compilation of Islamic Law (KHI). The method used is normative juridical research with a historical and legal policy approach, through the analysis of legislation documents, government policies, and the social dynamics behind the drafting of the KHI. The results show that the KHI legislation is a compromise between Islamic norms and state policy in building a harmonious legal system. The KHI plays an important role in the unification of Islamic law in Indonesia, although it still faces challenges in its implementation, especially related to the diversity of schools of thought and social change. This study emphasizes that the politics of Islamic law in Indonesia is dynamic and influenced by the interests of the state and the aspirations of Muslims in the formation of regulations that are more responsive to the needs of society.
Mahasiswa Sebagai Salah Satu Kekuatan Penegakan Hukum Layyin Mahfiana
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the role of students as one of the forces in law enforcement in Indonesia. The method used is juridical-sociological research with a descriptive-analytical approach, through literature studies and studies of student movements in the history of legal reform. The results show that students have a strategic role in upholding the rule of law through advocacy, social criticism, and involvement in reform movements. In various historical moments, students have been agents of change that encourage transparency, accountability, and justice in the legal system. However, the challenges faced include the lack of consistency in the movement, political intervention, and limitations in in-depth understanding of the law. Therefore, it is necessary to strengthen students' capacity in understanding the law and more systematic advocacy strategies in order to contribute more effectively to law enforcement.
Pendekatan Sosiologi Dalam Studi Hukum Islam Marsudi Marsudi
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

Abstract This study aims to analyze the role of sociological approach in Islamic law studies and its implications for the understanding and application of sharia in society. The method used is juridical-sociological research with a descriptive-analytical approach, through literature studies and studies of social phenomena that influence the dynamics of Islamic law. The results show that the sociological approach helps to understand Islamic law not only as a normative norm, but also as a system that develops in social interaction. Factors such as culture, economy, and social change influence the implementation of Islamic law in various contexts. Therefore, the integration of a sociological approach in the study of Islamic law allows for a more comprehensive and responsive analysis of the reality of society, so that Islamic law can be applied in a more relevant and equitable manner.
Kontribusi Umer Chapra Dalam Membangun Sistem Ekonomi Islam Aji Damanuri
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze Umer Chapra's contribution to building an Islamic economic system and its relevance to the development of contemporary Islamic economics. The method used is qualitative research with a descriptive-analytical approach through a literature study of Chapra's works and the Islamic economic concepts he developed. The results show that Chapra emphasizes the integration of sharia principles and modern economic theory to create an equitable economic system. He criticized the weaknesses of the capitalist and socialist systems and offered an Islamic economic concept based on the maqāṣid al-sharī'ah, which prioritizes social welfare, fair distribution of wealth, and economic stability. His ideas became the basis for the development of Islamic economic policies in various countries. This study confirms that Chapra's theory has strong relevance in building a more inclusive and sustainable economic system.
Diskriminasi Gender dan Agenda Islam Untuk Penegakan Martabat Perempuan Mufidah CH
Justicia Islamica Vol 1 No 2 (2004)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the phenomenon of gender discrimination and explore the Islamic agenda in upholding the dignity of women. The method used is juridical-normative research with a descriptive-analytical approach, through a study of Islamic texts, legal regulations, and social realities related to gender issues. The results show that gender discrimination still occurs in various aspects of life, including education, employment, and legal rights. Islam as a holistic value system has actually emphasized equality and respect for women, but its implementation is often influenced by cultural factors and biased interpretations. Therefore, a more contextual reinterpretation of Islamic law and policies that support gender justice are needed. This study affirms that Islam has strong principles in upholding women's dignity through social justice and the protection of their rights.
Elderly in Nursing Homes: Between Birr al-Wālidayn Obligations and Social Dynamics In Banten Province Humaeroh Humaeroh; M.A. Tihami; Ahmad Hidayat; Asep Dadan Suganda; Arifeen Yama
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.v22i1.10601

Abstract

The rising trend of placing elderly parents in nursing homes in Banten Province raises questions about its compatibility with Islamic values, particularly the obligation of birr al-wālidayn. This study is grounded in the tension between modern socio-economic demands and religious expectations that children provide direct care for their parents. The objective is to examine this practice through the lens of maqāṣid al-sharī‘ah and assess whether it can still reflect birr al-wālidayn within a changing social context. A qualitative approach was employed, using observations and in-depth interviews with families, nursing home staff, and religious leaders. The analysis draws on credo theory, legal authority theory, social change theory, fatwa evolution theory, and fishbone analysis. Findings indicate that social, economic, and legal factors influence the decision to institutionalize older people. When guided by principles of protection and well-being, such practices can align with Islamic teachings. The study contributes theoretically and practically to developing elderly care policies that are religiously grounded and responsive to contemporary societal dynamics.
Metode Istinbat Nahdlatul Ulama: Kajian Tentang Bahtsul Masail Luthfi Hadi Aminuddin
Justicia Islamica Vol 2 No 1 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the legal istinbat method used in the Bahtsul Masail Nahdlatul Ulama (NU) forum. Bahtsul Masail is a legal decision-making mechanism unique to NU, which refers to turats (classical) books and considers the social context. This study uses a qualitative method with a descriptive-analytical approach, based on a study of literature and an analysis of official NU documents related to Bahtsul Masail. The results show that the istinbat method in NU is not only based on classical fiqh texts but also considers the maqashid of sharia and the needs of the ummah. This approach allows for flexibility in responding to contemporary issues without leaving the established corridors of Islamic scholarship. Thus, Bahtsul Masail becomes an important instrument in maintaining the relevance of Islamic law to ever-evolving social dynamics.

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