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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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Ijtihad Istinbati dan Tatbiqi Syabbul Bachri
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the concept of ijtihad istinbati and ijtihad tatbiqi in the context of Islamic law development that is adaptive to social reality. Ijtihad istinbati focuses on determining the law based on shar'i principles, while ijtihad tatbiqi emphasizes the application of the law in the actual context. This study uses a qualitative method with a literature review approach, examining classical and contemporary works of ushul fiqh that discuss the dynamics of ijtihad. The results show that the integration of the two types of ijtihad is very important in answering modern legal issues. Ijtihad istinbati provides a normative foundation, while ijtihad tatbiqi guarantees the relevance of the law to changing social conditions. This study emphasizes that the balance between text and context is key in developing Islamic law that is responsive and solution-oriented to the challenges of the times.
Nalar Fiqh NU Pasca Munas Alim Ulama1992: Arah Baru Menuju Madhhab Manhaji Luthfi Hadi Aminuddin
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the development of the fiqh reasoning of Nahdlatul Ulama (NU) after the 1992 Alim Ulama National Conference, which marked a paradigm shift from the qauli madhhab to the manhaji madhhab. This transformation reflects NU's efforts to respond to socio-contextual challenges with a more open and dynamic methodological approach. This study uses a qualitative method with a literature study approach, analyzing official NU documents, the results of bahtsul masail, and literature related to manhaji fiqh. The results show that NU has begun to prioritize the principles of maqashid syariah, maslahah, and a contextual approach in making law, without abandoning the roots of the madhhab tradition. This change directs NU fiqh towards a pattern of thinking that is more solution-oriented, inclusive, and adaptive to the times. This study emphasizes the importance of the madhhab manhaji as a framework for istinbath of law that is relevant to contemporary society.
Perkembangan Pemikiran Fiqh Pada Masa Awal: Telaah atas Pemikiran Imam al-Shafi'i Ajat Sudrajat
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to trace the development of fiqh thought in the early days of Islam through an examination of the intellectual contributions of Imam al-Shafi'i. As a central figure in the formation of the ushul fiqh system, al-Shafi'i is known for his work al-Risalah, which became the foundation for formulating the methodology of istinbath law. This study uses a qualitative method with a literature study approach, analyzing primary and secondary works that discuss the legal thought of Imam al-Shafi'i. The results show that al-Shafi'i succeeded in systematizing the sources of Islamic law, namely the Qur'an, sunnah, ijma', and qiyas, and rejecting legal practices that were not based on scripture. His thinking became an important turning point in the consolidation of fiqh from local practices to a standardized methodological framework. This study emphasizes that al-Shafi'i's thinking played a key role in the development of classical and modern Islamic law.
Konsep Fiqh Ibadah Imam al-Ghazali Dalam Kitab Ihya Ulum al-Din M. Nur Agus Salim
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine Imam al-Ghazali's concept of the fiqh of worship as contained in the book Ihya Ulum al-Din, with a focus on the integration of the outward (fiqh) and inward (tasawuf) aspects of worship. This study uses a qualitative method with a literature study approach, analyzing the contents of the book Ihya as well as relevant classical and contemporary references. The results showed that Imam al-Ghazali offered an approach to the fiqh of worship that not only emphasized the formal aspects of the law, but also brought to life the spiritual meaning of each practice. He combined the disciplines of fiqh and Sufism to form a form of worship that was not only valid according to Islamic law, but also solemn and spiritually valuable. This study shows the relevance of al-Ghazali's thinking in building a holistic dimension of worship, which touches on both legal aspects and the purification of the soul.
Hukum Islam dan Hak Asasi Manusia Rejal Miftahul Fajar
Justicia Islamica Vol 5 No 1 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the relationship between Islamic law and human rights (HAM), as well as how sharia principles can contribute to the protection and promotion of human rights in modern society. This study uses a qualitative method with a literature study approach, examining the main sources of Islamic law such as the Qur'an, Hadith, and international documents on human rights. The results of the study show that Islamic law basically supports human rights values, such as the right to life, freedom of religion, justice, and equality before the law. However, there are challenges in the interpretation and implementation of these norms in several social and political contexts. This study emphasizes the importance of the maqashid sharia approach and the contextualization of Islamic law so that the universal values of human rights can be in harmony with the principles of sharia in a substantive and applicative manner.
Nikah Beda Agama Perspektif al-Manar Saifullah Saifullah
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to examine the interpretation of al-Manar on interfaith marriage, especially between Muslims and non-Muslims. Using a qualitative method and a literature study approach, this study traces Rashid Ridha's interpretation in Tafsir al-Manar of verses from the Qur'an relating to interfaith marriage, such as Surah al-Baqarah: 221 and QS. al-Ma'idah: 5. The results show that al-Manar provides a more contextual and moderate view, allowing marriage between Muslim men and Ahlul Kitab women under certain conditions, but still rejecting the marriage of Muslim women to non-Muslim men. This interpretation reflects a reformist approach that considers social realities and the principle of benefit. This study confirms that the interpretation of al-Manar tries to balance between normative texts and social contexts in matters of Islamic family law.
Kawin Paksa Perspektif Sosiologis dan Psikologis Ahmad Munir
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze the practice of forced marriage from sociological and psychological perspectives, as well as its impact on individuals and society. Using qualitative methods and a literature review approach as well as supporting empirical data, this study examines the socio-cultural factors that perpetuate forced marriage, such as the pressure of tradition, patriarchy, and community norms. Psychologically, this study reveals the negative impact of forced marriage on the mental health of victims, such as trauma, depression, and a decline in quality of life. The results of the study show that forced marriage not only violates the individual's right to freedom of choice of partner, but also causes long-term damage to the social and emotional development of the victim. This study emphasizes the importance of a multidisciplinary approach in dealing with the issue of forced marriage, as well as the need for stronger education, regulation, and legal protection.
Membincang Kembali Praktik Poligami di Indonesia: Telaah Sosiologi Hukum Agus Purnomo
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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This study aims to review the practice of polygamy in Indonesia through a sociological legal approach, by highlighting the dynamics between legal norms, social values, and the reality of practice in society. This study uses qualitative methods through literature studies and secondary data analysis, including statutory regulations and polygamous practices in a social context. The results show that although polygamy is strictly regulated in Marriage Law No. 1 of 1974, the practice still takes place with various social, cultural, and religious justifications. There is tension between restrictive positive law and permissive religious interpretation. From the perspective of the sociology of law, polygamy reflects the clash between formal legal norms and social norms of society. This study emphasizes the importance of a critical and holistic approach in formulating policies related to the practice of polygamy in Indonesia.
Memahami Hukum Perjanjian Islam: Teori, Asas, dan Praktek Rohmah Maulidia
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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This study aims to understand the law of contract in Islam comprehensively, covering aspects of theory, legal principles, and their practice in modern life. The law of Islamic contract is based on the principles of justice, willingness (taradhi), and clarity ('adam al-jahalah) between the parties. This study uses a qualitative method with a literature study approach, examining classical fiqh literature, contemporary Islamic legal documents, and contract practices in Islamic economics. The results show that Islamic contract law has high flexibility as long as it does not contradict sharia principles. In addition, principles such as freedom of contract and the obligation to fulfill promises (al-'uqud musyahadah) remain relevant in the modern legal system. This study emphasizes that Islamic contract law can be a strong normative foundation for ethical and fair business contracts.
Preferensi Konsumsi Dalam Islam: Telaah atas Konsep Maslahah pada Perilaku Konsumsi Unun Roudlotul Janah
Justicia Islamica Vol 5 No 2 (2008)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

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Abstract

This study aims to analyze consumption preferences in Islam by examining the concept of maslahah (public interest) as a normative basis for consumption behavior. Using a qualitative method through a literature study approach, this study examines classical and contemporary Islamic economic literature, as well as the principles of Islamic maqashid (objectives of Islamic law) related to consumptive behavior. The results show that consumption in Islam is not only based on personal satisfaction, but must also consider individual and collective benefits (maslahah), as well as the values of justice, balance, and sustainability. The concept of maslahah limits excessive consumption and encourages an ethical and responsible consumption orientation. This study emphasizes that consumption preferences in Islam are holistic, combining spiritual, social, and economic aspects for the realization of equitable welfare.

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