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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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Filosofi Masalah Khilafiyah: Ikhtilaf al-Fuqaha' dalam Perpektif Filsafat Sosial Abdul Mun'im
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 analyze the philosophy of difference of opinion (ikhtilaf) among fiqh scholars (fuqaha) in the perspective of social philosophy. Ikhtilaf in Islamic law is often seen as a source of division, even though it has a positive value in the social and intellectual dynamics of Muslims. This study uses a qualitative method with a descriptive-analytical approach, through a literature review of classical and contemporary works that discuss the ikhtilaf al-fuqaha'. The results show that differences of opinion in fiqh are a necessity that arises from differences in methodology, social context, and understanding of sharia texts. In the perspective of social philosophy, ikhtilaf contributes to enriching Islamic discourse and reflects the principle of plurality in Islamic legal thought. Thus, understanding ikhtilaf as intellectual wealth can strengthen tolerance and harmony in Muslim societies.
Reinterpretasi Konsep Nushuz: Falsifikasi Konsep Kebolehan Suami Memukul Istri Ach Fajruddin Fatwa
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 reexamine the concept of nushuz in Islam and criticize the view that allows husbands to beat their wives as a form of discipline. This study uses a qualitative method with a hermeneutic approach and discourse analysis of verses from the Qur'an, hadiths, and classical and contemporary tafsir. The results showed that the concept of nushuz does not always mean wife's defiance, but reflects the dynamics of husband-wife relations which must be resolved with the principles of justice and compassion. The interpretation that allows beatings is more influenced by patriarchal culture than by universal Islamic values. This reinterpretative approach emphasizes that Islam encourages the resolution of domestic conflicts through deliberation and a non-violent approach. Thus, the concept of nushuz needs to be understood in the context of gender justice that is more humanistic and in accordance with the values of maqashid sharia.
Jihad Dalam Perspektif Sejarah Pemikiran Islam Muh Muhsin
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 concept of jihad in various historical periods of Islamic thought and how its meaning has developed in line with the social and political context of Muslims. The method used is qualitative with a historical-analytical approach, through a literature review of classical and modern sources that discuss jihad. The results show that jihad is not always synonymous with warfare (qital), but has spiritual, social, and intellectual dimensions. In the history of Islamic thought, the concept of jihad has been reinterpreted, from physical struggle against the enemy to efforts to improve oneself and society. This broader interpretation of jihad reflects the dynamic needs of the ummah in various situations. Therefore, the understanding of jihad must be contextual, focusing not only on the military aspect, but also on the contribution to the progress of the ummah and humanity as a whole.
Fiqih Wanita: Sebuah Tinjauan Historis M Harir Muzakki
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 development of women's fiqh (Islamic jurisprudence) in a historical perspective and how social and cultural dynamics influence the understanding of Islamic law related to women. The method used is qualitative with a historical-analytical approach, through a literature review of classical fiqh books and contemporary works. The results show that women's fiqh developed in various schools of thought with diverse interpretations, often influenced by the social context of the time. In some periods, women's fiqh was more restrictive, while in the modern context, more inclusive and gender-justice oriented reinterpretations emerged. This study emphasizes that women's fiqh is dynamic and needs to be contextualized according to the principle of maqashid sharia in order to remain relevant to the needs of Muslim women in the contemporary era.
Marjinalisasi Perempuan di Wilayah Politik Aminah Sahal
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 analyze the marginalization of women in the political sphere and the factors that influence it. The method used is qualitative with a descriptive-analytical approach, through a literature review and data analysis regarding the representation of women in politics. The results show that the limitations of women in politics are caused by structural factors, patriarchal culture, and policies that do not support women's participation. In addition, gender stereotypes and lack of access to political resources also reinforce this marginalization. Although various affirmative policies have been implemented, their implementation still faces various obstacles. This study emphasizes the need for more effective strategies in increasing the role of women in politics, both through political education, capacity building, and more inclusive policies. Thus, more equal participation of women in politics can be realized in a sustainable manner.
Suksesi Kepemimpinan Perspektif Ibn al-Farra' Miftahul Huda
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 concept of leadership succession from the perspective of Ibn al-Farrā', a classical Islamic political scholar. The method used is qualitative with a descriptive-analytical approach, through a literature review of Ibn al-Farrā's main works, especially Al-Aḥkām al-Sulṭāniyyah, as well as other references that discuss his thoughts. The results of the study show that Ibn al-Farrā' emphasized the importance of sharia legitimacy and political stability in the process of leadership succession. He argued that a leader must have competence, fairness, and the support of the community and scholars. This concept accommodates the principle of religious authority and the political realities of his time. This study emphasizes that Ibn al-Farrā's thinking is still relevant in discussions about the contemporary Islamic leadership system, especially in relation to the mechanisms of election and legitimacy of power.
Pro-Kontra Poligini Dalam Islam: Upaya Menemukan Titik Tengah Ansor M. Rusydi
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the debate on polygyny in Islam and to find a middle ground in its understanding. The method used is qualitative with a descriptive-analytical approach, through a literature review of classical and contemporary Islamic legal sources. The results show that polygyny in Islam has a sharia basis, but with strict conditions of justice. The pro opinion emphasizes the legitimacy of polygamy as part of Islamic teachings, while the counter party sees it as a practice that can harm women. In the modern context, reinterpretation is carried out to adapt this practice to the principles of justice and family welfare. This study confirms that a middle ground can be found by understanding polygamy as a conditional option and not as the main norm in marriage, so that it remains in accordance with the maqashid sharia which emphasizes justice and benefit.
Kontroversi HAM dan Budaya Marsudi Marsudi
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the controversy between human rights and culture, especially in the context of differences in universal values and local wisdom. The method used is qualitative with a descriptive-analytical approach, through a literature review of international human rights documents, cultural theory, and cases that reflect the clash between human rights and local traditions. The results showed that tensions between human rights and culture arise due to differences in perspectives in interpreting individual rights and social norms. On the one hand, human rights emphasize equality and universal freedom, while culture is often based on diverse community values. This study emphasizes that a dialogical and contextual approach is needed to bridge these differences, so that the application of human rights can be aligned with cultural dynamics without neglecting the principles of justice and humanity.
Tinjauan Normatif Ekonomi Islam Terhadap Perjanjian Leasing Syamsul Arifin AR
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine leasing agreements from an Islamic economic perspective based on sharia principles. The method used is qualitative with a normative juridical approach, through a literature analysis of Islamic law, fatwas from scholars, and regulations related to leasing in the Islamic economic system. The results of the study show that leasing (ijarah muntahiyah bit tamlik) is justified in Islam if it fulfills the principles of justice, transparency, and does not contain elements of usury, gharar, and dzalim. In practice, some forms of conventional leasing still contain elements that contradict sharia, such as interest and unclear contracts. Therefore, a sharia-based leasing model is needed that is more in line with sharia maqashid to create a fair and sustainable economic system.
Investasi Dalam Kacamata Islam Subroto Subroto
Justicia Islamica Vol 2 No 2 (2005)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the concept of investment in the Islamic perspective and the principles that distinguish it from conventional investment. The method used is qualitative with a normative-descriptive approach, through a literature review of Islamic law, fatwas from scholars, and sharia investment regulations. The results show that investment in Islam must be based on the principles of fairness, transparency, and freedom from the elements of usury, uncertainty, and chance. Investment instruments that are sharia-compliant include sharia stocks, sukuk, and mudharabah, which emphasize the fair distribution of risk and profit. This study emphasizes that sharia-based investment is not only oriented towards financial gain, but also pays attention to the ethical aspects and the interests of the community, thus creating a more stable and equitable economic system.

Page 28 of 36 | Total Record : 359

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