cover
Contact Name
Lukman Santoso
Contact Email
justicia@uinponorogo.ac.id
Phone
+6285643210185
Journal Mail Official
justicia@uinponorogo.ac.id
Editorial Address
Faculty of Sharia, UIN Kiai Ageng Muhammad Besari Ponorogo Puspita Jaya Street, Jenangan District, Ponorogo Regency, East Java, Indonesia.
Location
Kab. ponorogo,
Jawa timur
INDONESIA
Jurnal Kajian Hukum dan Sosial
ISSN : 16935926     EISSN : 25027646     DOI : 10.21154/justicia
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 364 Documents
Stock Market Trading between Legal Formalities and Economic Substance: A Macro-Sharia Appraisal Abozaid, Abdulazeem; Elamrawy, Sama; Abdullah, Fuady
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.12466

Abstract

This study examines stock market trading from a macro-sharia perspective by grounding normative evaluation in the empirical realities of contemporary financial markets. Using descriptive empirical analysis of selected stock market indices from developed and emerging economies over the period 2005–2025, the paper explores patterns of price volatility and market behavior that characterize modern stock market trading practices. The findings indicate that persistent volatility, sharp price fluctuations, and speculative dynamics often weaken the linkage between market prices and underlying economic fundamentals, particularly in emerging markets. Building on these empirical observations, the study reassesses stock market trading in light of Shariah principles and the broader objectives of Islamic law (maqāṣid al-sharīa), emphasizing the importance of incorporating systemic outcomes and real economic effects into Shariah evaluation. The paper contributes to the Islamic finance literature by highlighting the need to move beyond purely formal assessments toward a more context-sensitive, macro-level approach.
Legal Pluralism and the Enforcement of Zina Offences: Analysis of Customary and Jinayat Law in the Alas Community, Aceh Sari, Nur Mala; Mustar, Febiawan Suparman; Manan, Abdul; Jailani, Jailani; Sari, Cut Maya Aprita
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.12655

Abstract

This study analyzes the enforcement of adultery in the Alas Tribe community in Southeast Aceh Regency, highlighting the dominance of customary law mechanisms over formal law enforcement, as provided in Qanun Aceh Number 6 of 2014 concerning Jinayat Law. Although the qanun normatively regulates criminal sanctions for adultery, its implementation at the local level has not been effective. This study uses a normative-empirical approach, combining analyses of legislation, case studies, and in-depth interviews with traditional leaders, Wilayatul Hisbah officials, and Sharia Court judges. The results show a dualism in the mechanisms for resolving adultery cases, characterized by a strong community preference for customary law. Customary-based resolution is seen as better at maintaining family honor and restoring social harmony, but it also undermines legal certainty and the effectiveness of criminal punishment. This article argues that the dominance of customary mechanisms reflects the failure of normative integration between jinayat law and customary law, resulting in the inability to achieve the objectives of Islamic criminal punishment (maqāṣid al-'uqūbāt), particularly the deterrent effect, justice, and equality before the law. This research contributes to the development of Islamic legal pluralism studies by emphasizing the importance of functional integration between customary law and Islamic criminal law within indigenous Muslim communities.
Judicial Strategies in Addressing Domestic Violence: Gender-Responsive Legal Analysis from the Religious Court of Malang Regency, Indonesia Fajarani, Meisy; Harry, Musleh; Akbar, Muhammad Jihadil; Jannani, Nur; Rusdi, Mikdar
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.11804

Abstract

This study aims to analyze judicial efforts to enhance protection for women and children in cases of domestic violence, particularly in the Malang region of East Java, where the number of cases has been increasing annually. The methodology employed is legal research using a case study approach, involving data collection through interviews with judges and analysis of court rulings. The results of the study indicate that judges at the Malang Regency Religious Court have developed various strategies to provide more effective protection, particularly in cases involving gender discrimination and DV. These strategies include the fair and prudent application of the law, consideration of the interests of victims and children, and a holistic, comprehensive approach to adjudication. In adjudicating cases, judges refer to various legal instruments, including Law No. 23 of 2004 concerning the Elimination of Domestic Violence and the Compilation of Islamic Law. Practically, this study serves as a reference for policymakers and judicial officials, particularly judges within the Religious Courts, to enhance sensitivity toward gender issues and improve the effectiveness of handling domestic violence cases, thereby further strengthening legal protection for women and children.
Paid Online Surveys in the Digital Economy: Jurisprudential Classification and Islamic Legal Ruling Al-Bool, Saba Mohammad Mustafa
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13338

Abstract

This study examines the jurisprudential classification and Islamic legal ruling on participation in paid online surveys within the digital economy. It addresses the central question: what is the appropriate Islamic contractual framework for paid online survey transactions, and under what conditions does participation become shariah-compliant? Employing a qualitative method that integrates descriptive analysis of digital survey platforms, inductive reasoning from classical jurisprudential sources on juʿālah (reward-based contracts), and analytical application of these principles to contemporary digital labor practices, the study systematically investigates the contractual mechanisms underlying paid online surveys. The findings establish that such surveys are best classified as juʿālah contracts, wherein the platform acts as the employer (jāʿil), the registered participant as the worker (ʿāmil), the monetary or point-based compensation as the juʿl, and the completion of survey questions as the stipulated work. The study further determines that participation is permissible (ibāḥah) under sharia, subject to six jurisprudential conditions: free registration, a known and lawful reward, the absence of prohibited payments, the avoidance of prohibited content, the legal competence of participants, and adherence to sharia guidelines on freedom of expression. These findings advance the emerging field of Islamic digital economy jurisprudence by offering a coherent framework for evaluating digital labor platforms and providing practical guidance for Muslims engaging in contemporary online economic activities.