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Lukman Santoso
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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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Urgensi Aspek Pidana Dalam Mengawal Aktivitas Pasar Modal Munawir Munawir
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 role of criminal aspects in overseeing capital market activities to create a fair and transparent system. The method used is qualitative with a normative-juridical approach, through a literature review of capital market legal regulations and cases of violations that have occurred. The results show that criminal instruments have an important role in preventing and prosecuting violations, such as insider trading, market manipulation, and the dissemination of misleading information. The application of criminal sanctions in capital market regulations aims to increase legal certainty, protect investors, and maintain economic stability. This study confirms that strengthening criminal aspects, including more assertive law enforcement, is necessary to create a healthier, more integrated, and sustainable capital market.
Konsep Politik Kenegaraan Dalam Islam: Studi Analisis Tentang Pemikiran Politik al-Ghazali Mursyidi Ridwan
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 state politics in Islam based on the thought of al-Ghazali. The method used is qualitative with a descriptive-analytical approach, through a literature review of al-Ghazali's main works, especially Al-Tibr al-Masbuk and Ihya' Ulum al-Din, as well as other references that discuss his thoughts. The results of the study show that al-Ghazali views politics as an instrument for upholding justice and maintaining social order within the framework of sharia. He emphasizes the importance of a close relationship between religion and the state, where the leader must have moral legitimacy and be responsible for the welfare of the people. This study confirms that al-Ghazali's political thought remains relevant in the discourse of contemporary Islamic politics, especially in the context of leadership based on Islamic ethics and values.
Gerakan Jender Dalam Islam: Kesetaraan Relasi Perempuan dan Laki-laki menurut al-Qur'an Evi Muafiah
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 gender equality in Islam based on the perspective of the Qur'an. The method used is qualitative with a thematic interpretation approach, through a literature review of Qur'anic verses, hadiths, and classical and contemporary scholars' thoughts on the relationship between women and men. The results showed that the Qur'an emphasizes the principle of equality in rights and responsibilities between men and women, despite contextual differences in roles. The concept of gender justice in Islam is oriented towards a balance of rights and obligations without demeaning either party. This study emphasizes that the gender movement in Islam must be based on the values of the Qur'an and Islamic objectives, thus producing harmonious and fair relationships in social life.
Menyuntik Ushul Fiqh Dengan Filsafat Iswahyudi Iswahyudi
Justicia Islamica Vol 3 No 1 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to explore the integration of philosophy in ushul fiqh to enrich the methodological approach in understanding Islamic law. The philosophical approach is expected to provide a more rational and contextual perspective on the concepts in ushul fiqh. The method used is a literature study by analyzing classical and contemporary sources related to ushul fiqh and philosophy. The analysis was carried out descriptively and critically to identify the relevance of philosophical thought in the study of ushul fiqh. The results showed that a philosophical approach can deepen the understanding of the concepts of qiyas, maqashid shariah, and istihsan, as well as increase flexibility in the application of Islamic law in the modern era. This integration opens up space for a more adaptive renewal of Islamic law without losing its normative essence. Thus, philosophy can be an important instrument in developing a more dynamic and contextual ushul fiqh.
Kontribusi Ibn Hazm Terhadap Pembaharuan Hukum Islam: Upaya Pemurnian Hukum Islam dari Dominasi Ra'y Isnatin Ulfah
Justicia Islamica Vol 3 No 1 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze Ibn Hazm's contribution to the renewal of Islamic law, especially in his efforts to purify Islamic law from the domination of ra'y (rational opinion). As the main figure of the Zahiri school of thought, Ibn Hazm rejected the use of qiyas, istihsan, and taqlid, and emphasized a literal understanding of the law based on the text of the Qur'an and Hadith. This study uses a qualitative method with a literature study approach, analyzing Ibn Hazm's works such as Al-Muhalla and Ihkam fi Ushul al-Ahkam. The results show that Ibn Hazm contributed to offering a more textualist approach to Islamic law, which rejects subjectivity in ijtihad. Although his approach is often criticized for being rigid, his thoughts continue to have an influence in the discourse of modern Islamic law, especially in the effort to maintain the purity of shar'i arguments.
Kontekstualisasi Hukum Islam: Telaah atas Pemikiran Hukum KH. MA Sahal Mahfudz Miftahul Huda
Justicia Islamica Vol 3 No 1 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the Islamic legal thought of KH. MA Sahal Mahfudz in the context of Islamic legal reform relevant to social development. KH. MA Sahal Mahfudz is known for his approach of balancing text (nash) and context in applying Islamic law. This study uses a qualitative method with a literature study approach, examining his works and thoughts, especially related to social fiqh. The results of the study show that KH. MA Sahal Mahfudz's thinking emphasizes the importance of contextualizing Islamic law so that it remains relevant to changing times without losing its shar'i values. Through the maqashid sharia approach and the contextual ijtihad method, he offers a formulation of Islamic law that is more responsive to social realities. His thoughts contribute to the development of dynamic fiqh, especially in social issues and Islamic legal policy in Indonesia.
Perkawinan Beda Agama Menurut Fiqh Nardoyo Amin
Justicia Islamica Vol 3 No 1 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the law of interfaith marriage in the perspective of Islamic fiqh. The differing views among scholars regarding the legal status of marriage between Muslims and non-Muslims is an ongoing debate. This study uses a qualitative method with a literature study approach, analyzing the arguments of the Qur'an, Hadith, and the views of fuqaha from various schools of thought. The results show that the majority of scholars prohibit marriage between Muslims and non-Muslims who are not people of the book, while some scholars allow Muslim men to marry women of the book. However, in the modern social context, a new approach has emerged that considers the aspects of maqashid Shariah and maslahat in looking at this issue. This study emphasizes that the law of interfaith marriage still requires contextual analysis to suit social realities without neglecting the principles of Shariah.
Hukum Islam di Indonesia, mungkinkah ? Marluwi Marluwi
Justicia Islamica Vol 3 No 1 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the possibility of applying Islamic law in Indonesia in the context of a pluralistic national legal system. As a Muslim-majority country, the application of Islamic law is an evolving discourse, especially in the aspects of family, economic, and criminal law. This study uses a qualitative method with a literature study approach, examining the constitution, laws and regulations, as well as the thoughts of scholars and academics. The results of the study show that Islamic law has been accommodated in several regulations, such as the Islamic Law Compilation (KHI) and Islamic banking. However, the comprehensive application of Islamic law faces challenges from political and social aspects, and the principle of diversity. This study emphasizes that although Islamic law has the opportunity to be applied, a contextual and inclusive approach is needed to remain in harmony with the values of justice and Indonesian nationality.
Bisnis Sekuritas Perspektif Ekonomi Islam Aji Damanuri
Justicia Islamica Vol 3 No 1 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the securities business from an Islamic economic perspective, especially related to sharia principles in investment and securities trading activities. In Islamic economics, financial transactions must be free from the elements of usury, uncertainty, and luck. This study uses a qualitative method with a literature study approach, reviewing literature related to the capital market, DSN-MUI fatwas, and Islamic economic theory. The results showed that the securities business is acceptable in Islam as long as it complies with sharia principles, such as through sharia stocks, sukuk, and sharia mutual funds. However, there are still challenges in the implementation of sharia securities business, especially in ensuring transparency and sharia compliance in the capital market. This study emphasizes the importance of regulation and supervision to ensure that the securities business runs according to the principles of Islamic economics, so that it can become a halal and ethical investment instrument.
Manajemen Pemerintahan Umar: Studi Dasar-dasar Pemerintahan Modern Dalam Islam M Miftahul Ulum
Justicia Islamica Vol 3 No 1 (2006)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the governance of Umar bin Khattab and its relevance to the principles of modern governance in Islam. Umar is known as a leader who implemented effective administrative, economic, and legal policies based on the principles of justice, transparency, and the welfare of the people. This study uses a qualitative method with a literature study approach, examining sources of Islamic history and modern governance literature. The results showed that Umar's administrative system included state financial governance, an independent judicial system, and the principle of openness in public policy. The concepts of leadership and bureaucracy that Umar applied are similar to the principles of good governance in modern government. This study emphasizes that Umar's model of government can be an inspiration in the development of an Islamic system of government that is adaptive and responsive to the needs of contemporary society.

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