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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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Customary Justice and Child Sexual Abuse in Aceh: Legal Pluralism, Restorative Limits, and Child Protection Principles Yuni Roslaili; Suparwany Suparwany; Abdul Manan; Marina Ulfah; Faizah Putroe Phonna
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.v23i1.11867

Abstract

This study explores the position and limitations of customary law in addressing cases of child sexual violence in Aceh, as well as its interaction with legal pluralism and the principles of maqaṣid al-sharia. As a region endowed with special autonomy in the spheres of customary practices and the implementation of Islamic law, Aceh represents a complex manifestation of legal pluralism. This complexity becomes particularly evident when customary dispute-resolution mechanisms intersect with cases of child sexual violence, which are normatively recognised as serious criminal offences. By using a qualitative socio-legal approach, this research integrates an analysis of statutory regulations and qanun (Islamic law) with in-depth interviews involving government officials, local leaders, academic communities, and child protection institutions. The findings reveal variations in the application of customary law to cases of sexual violence against children, which can be classified into minor, moderate, and severe categories. In minor cases, customary law may function as a limited mechanism for recovery and social reconciliation. However, in cases of severe sexual violence, formal judicial processes are deemed more appropriate. This is because, from the perspective of maqasid al-sharia and the concept of ta’zir, child protection is a daruriyyah goal that cannot be compromised. This study emphasises the importance of an integrative-complementary model for resolving child sexual abuse cases within the framework of controlled legal pluralism.
Reconstructing the Concept of Nafkah in Islamic Legal Thought: Gender Reciprocity and Female Breadwinners In the Javanese Priyayi Society Culture, Java Elfa Murdiana; Evi Muafiah; Lutfiana Dwi Mayasari; Dede Nurohman; Nandang Kosim
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.v22i2.12133

Abstract

This article interrogated the phenomenon of female breadwinners within Javanese society, with a particular focus on priyayi women from both the royal court and the contemporary elite. It explores how evolving gender roles contest classical Islamic jurisprudential frameworks regarding financial responsibility (nafkah). The central aim is to reconceptualise nafkah in Islamic legal discourse, critically examine the impact of Javanese cultural paradigms on women’s social positioning, and advocate for a more contextually nuanced and inclusive Islamic legal framework that accurately reflects the lived experiences of Muslim women in Java. Employing a qualitative methodology that integrates textual analysis, in-depth field interviews, and the theoretical lenses of individual resilience, maqāṣid al-shariah, and mubādalah (reciprocity), the research elucidates the extraordinary social and spiritual resilience displayed by priyayi women as they navigate patriarchal stigma and the complexities of dual economic responsibilities. Cultural constructs such as nrimo (acceptance) and laku spiritual (spiritual practice) are not merely passive acquiescence but are reframed as adaptive strategies consonant with the values of maṣlaḥah (public welfare) and iḥsān (moral excellence). Drawing upon these insights, the study advocates for a contextual reconstruction of gender roles in Islamic law, anchored in three foundational principles: reciprocity (mubādalah), public benefit (maṣlaḥah), and cultural contextuality. Ultimately, the article argues that Javanese female breadwinners should not be seen as anomalies within Islamic tradition, but rather as living manifestations of justice, equality, and humanistic values, situated within an evolving, culturally embedded understanding of Islam.
Aligning Mercury Governance With Livelihoods, Legal Frameworks, and Religious Norms: Evidence from Indonesia’s ASGM Amanda Adelina Harun; Vanessa Veronica; Fenty U. Puluhulawa
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.v23i1.12274

Abstract

This study aims to examine the health impacts of mercury exposure on miners and communities, analyse patterns of regulatory compliance in the context of largely informal mining, and evaluate the effectiveness of policies and legal instruments designed to reduce mercury use and mitigate environmental impacts. This study synthesises toxicological and biomonitoring evidence, community-based qualitative studies on practices and risk perceptions, and regulatory analysis in relation to international obligations. Results show that mercury biomarkers remain persistently high and there are neurological impacts on exposed populations, while informality limits oversight and weakens compliance. Interventions focused on enforcement often trigger displacement of activities (mining), rather than changes to more sustainable extraction practices. Policy effectiveness increases when regulations are combined with livelihood-sensitive supporting factors, including cooperative-based formalisation, access to financing and training, and technological transition through integrated governance. The study proposes a governance-livelihood-Islamic norm model and a compliance architecture aligned with maqasid al-sharia.
Does Escrow Really Protect Consumers? : An Islamic Law Critique of Marketplace Transactions in Indonesia Virya Suprayogi Yusuf; Maskun Maskun; Judhariksawan Judhariksawan; M. Arfin Hamid; Supriadi Supriadi; Muh Mutawalli Mukhlis
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.v23i1.12302

Abstract

This article examines whether escrow (rekening bersama) genuinely protects consumers in Indonesian e-commerce, particularly in marketplace-based and off-platform social commerce transactions where fraud risks remain high. The study positions escrow not merely as a technical payment feature, but as a legally significant intermediary arrangement that structures duties, allocates liability, and enables evidentiary reliability and consumer remedies. Employing doctrinal legal research, the article operationally analyses statutes and implementing regulations related to electronic transactions, consumer protection, and electronic commerce (PMSE), while also providing a conceptual analysis of intermediary responsibility. Legal materials are systematically mapped to core escrow safeguards, including conditional fund release, verification, record integrity, and dispute handling, followed by interpretive analysis to identify regulatory gaps. The findings demonstrate that Indonesian law implicitly recognises escrow functions but lacks explicit governance standards, resulting in accountability and enforcement flaws. To address this, the article proposes a doctrinal–institutional escrow governance framework that outlines minimum operational safeguards, allocates responsibility for key failure scenarios, and provides implementation tools in the form of a safeguards checklist and liability map. An Islamic law critique, grounded in the principles of amanah and gharār reduction, further evaluates the fairness and risk containment of escrow practices. The study contributes a legally operational framework to strengthen ex ante consumer protection, enhance institutional trust, and guide regulatory standard-setting and platform compliance.
Negotiating Legal Pluralism: Managing Tensions between Islamic Law and Customary Law in Muslim Marriage Practices in Papua, Indonesia Amri Amri; Lukman Ansar; Shofwan Al Jauhari; Mochammad Arifin; Ma'adul Yaqien Makkarateng
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.v23i1.12404

Abstract

This research aims to describe the forms of conflict and negotiation that can arise between Islamic religious law and customary law in the practice of dowry (mahr) provision within Muslim Papuan marriages, to achieve a balanced coexistence. The primary focus of this study is to examine the forms of conflict and the conflict negotiation mechanisms that can be applied within the tradition of marriage dowry practices. This research employs a qualitative approach with a case study design focusing on Muslim communities of the Marind tribe in Merauke and the Dani tribe in Wamena, Papua, Indonesia. Data were collected through in-depth interviews, direct observation, and systematic documentation. After the research data were fully collected, they were processed and analysed using a descriptive contextual approach. The findings reveal that customary law is prioritised over religious law in determining marriage traditions. The continued existence and application of customary law have implications for tensions and conflicts with Islamic law. Therefore, marriage traditions, particularly the practice of dowry provision among Papuan Muslims, need to be reconstructed through negotiation in order to reconcile religious and customary law so that both may remain harmonious and coexist. Through restorative and normative–theological approaches, this study proposes a new model of negotiation that enables the continued practice of dowry provision based on customary rules without violating Islamic legal principles.
The Digitalisation of Employment, Fiqh Education and Empowerment of Migrant Workers’ Rights Nur Chanifah; Fahd bin Mohana bin Salim al-Ahmadi; Abu Samsudin; Nurul Islami; Muhammad Najih Vargholy
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.v23i1.12454

Abstract

This study aims to analyse the digital transformation of fiqh education on labour for Indonesian migrant workers (PMI) in the United Arab Emirates from a transnational perspective, focusing on how Islamic legal literacy can be an instrument of empowerment and protection of workers' rights. This study uses a socio-legal approach that combines normative fiqh studies with the socio-legal reality in the field. Data was collected through in-depth interviews, observation, and documentation. Data analysis was carried out in stages of data reduction, data presentation, and conclusion drawing. The results of the study show that there is a significant gap between normative knowledge of fiqh labour and the reality experienced by PMI in the UAE. The transformation of digital-based fiqh education can be used as a solution to this gap, as it can expand access to legal literacy, strengthen awareness of transformative maqāṣid, and provide practical skills in negotiating rights. The digitisation of fiqh education on labour issues not only functions as a medium of education but also as a transnational advocacy strategy that strengthens the protection and empowerment of PMI in a global context. This research contributes empirically to overcoming barriers to the implementation of migrant workers' rights in the UAE and recommends a maqāṣid transformative-based digital fiqh education module and strategic policy measures to strengthen the protection of migrant workers' rights.
Reconceptualising the Juristic Legitimacy of Cash Waqf: A Ta‘Līlī Examination of Classical Doctrines and Their Integration into Modern Financial Systems Muh. Zumar Aminuddin; Khoiruddin Nasution; Ali Sodiqin
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.v23i1.12468

Abstract

This article aims to explore the arguments of Islamic legal scholars regarding the pros and cons of the concept of cash waqf and to contextualise these views in the reality of contemporary economic law. This study uses the ta‘līlī method with a thematic approach to classical fiqh literature to identify waqf themes and determine the ‘illah that forms the substance of the waqf concept. The literature analysis is then enriched with interviews with waqf experts and practitioners as a form of confirmation of the relevance of fiqh arguments in modern practice. The results of the study show that there are three main reasons used by scholars who support cash waqf, namely the applicability of 'urf (accepted social practice), the benefits generated, and the possibility of money being rented out or used productively. Meanwhile, scholars who reject cash waqf argue that money is manqūl (movable property) that is depleted when used, thus not fulfilling the requirement of permanence (ta'bīd) as an object of waqf. Interestingly, this study found that the concept of 'illah waqf is actually used by the group that rejects cash waqf, emphasising that money is not permanent because it will be depleted when used. However, this argument becomes less relevant in the context of the modern economy, where money functions not only as a medium of exchange but also as an investment instrument. When a cash waqf is managed productively within the financial system, its principal value can be maintained and even grow. Thus, the permanence of waqf does not lie in the physical form of the asset, but in the sustainability of its value and benefits. This study provides a practical contribution by emphasising that the management of cash waqf integrated with the modern financial system allows for the fulfilment of the principles of sustainability and benefit of waqf.
The Theory of Nullity in Islamic Jurisprudence: A Comparative Approach Through the Lens of Disposing of Another’s Property Ismaeel Alhadidi; Ghofran Hilal; Thawab Hilal
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.v23i1.12470

Abstract

This article aims to conduct a comparative analysis of contract cancellation theories in the Jordanian and French legal systems, focusing on contracts involving the illegal transfer of another party's property. This study examines the fundamental differences between the concepts of absolute and relative nullity in French law and the Jordanian legal approach rooted in Islamic jurisprudence, particularly through the concepts of “suspension” and “non-binding contracts.” The method used is normative legal research with a philosophical-comparative approach. The analysis was conducted on the main provisions of Jordanian legislation and legislative and judicial practices in France, accompanied by a doctrinal study of the theories of cancellation and protection of third-party rights in both legal systems. The findings of the study show that French law makes a clear distinction between absolute and relative nullity, while Jordanian law rejects the concept of relative nullity and replaces it with a suspension mechanism. The theory of suspension, inspired by Islamic law, is considered more flexible and equitable, especially in protecting the property rights of third parties, including vulnerable persons, and more adaptive to the complexity of modern transactions. The practical contribution of this research is a recommendation for legislative reform in Jordan to expand the subjects entitled to cancel suspended contracts, as well as an encouragement for civil law systems to consider adopting the theory of suspension as an alternative to relative nullity. The integration of this concept is believed to increase legal certainty and the protection of individual rights in complex contract disputes.
Axio-Awareness Principle in Javanese Marriage Prohibition as a Normative Framework for Anticipating Divorce Risk Ramadhita Ramadhita; Sudirman Sudirman; Miftahul Huda
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.v23i1.13197

Abstract

This study aims to examine the principle of axio-awareness embedded in Javanese marriage prohibitions as a locally grounded normative framework for anticipating divorce risks. While existing studies on Javanese marital customs largely emphasise anthropological or theological dimensions, their normative rationality as a form of preventive jurisprudence in contemporary family law discourse remains underexplored. This research is motivated by the increasing rate of early-stage divorce, particularly within the first five years of marriage, indicating structural and psychological unpreparedness among couples in navigating the initial phases of family life. Employing a non-doctrinal qualitative approach, this study analyses Javanese marriage prohibitions as manifestations of the values of eling lan waspada (moral awareness and vigilance), situating them within an impact-awareness reasoning framework. Rather than asserting empirical causality, the analysis constructs these prohibitions as socio-cultural mechanisms that foster anticipatory reflection, moral prudence, psychological readiness, and the reinforcement of parental and senior authority in marital decision-making processes. The findings reveal that such prohibitions function as culturally embedded preventive norms aligned with key principles in Islamic jurisprudence, particularly iḥtiyāṭ (legal precaution) and sadd al-dharā’iʿ (blocking the means to harm), both of which emphasise the prevention of potential harm (mafsadah) and the promotion of family welfare (maṣlaḥah). This study contributes to the discourse by reframing Javanese marriage prohibitions not merely as traditional beliefs but as a form of culturally rooted normative prudentialism that enhances risk awareness in family formation and offers a relevant preventive paradigm for contemporary family law.

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