Justicia Islamica (Journal)
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356 research outputs found
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Elderly in Nursing Homes: Between Birr al-Wālidayn Obligations and Social Dynamics In Banten Province
No full textThe rising trend of placing elderly parents in nursing homes in Banten Province raises questions about its compatibility with Islamic values, particularly the obligation of birr al-wālidayn. This study is grounded in the tension between modern socio-economic demands and religious expectations that children provide direct care for their parents. The objective is to examine this practice through the lens of maqāṣid al-sharī‘ah and assess whether it can still reflect birr al-wālidayn within a changing social context. A qualitative approach was employed, using observations and in-depth interviews with families, nursing home staff, and religious leaders. The analysis draws on credo theory, legal authority theory, social change theory, fatwa evolution theory, and fishbone analysis. Findings indicate that social, economic, and legal factors influence the decision to institutionalize older people. When guided by principles of protection and well-being, such practices can align with Islamic teachings. The study contributes theoretically and practically to developing elderly care policies that are religiously grounded and responsive to contemporary societal dynamics
Hukum Islam di Indonesia, mungkinkah ?
No full textThis 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
Membincang Kembali Poligami: Telaah Kesejarahan atas Praktek Poligami Dalam Islam
No full textThis study aims to examine the practice of polygamy in Islam from a historical perspective, by exploring the social, cultural, and legal background surrounding it. Polygamy in Islam is often a subject of debate, especially in relation to the interpretation of verses from the Qur'an and their historical context. This study uses a qualitative method with a literature study approach, examining classical and contemporary sources on the law and practice of polygamy in various periods of Islamic history. The results show that polygamy in Islam has a flexible legal basis, with certain conditions that emphasize fairness. In a historical context, the practice of polygamy is influenced by social factors and the needs of the times, not merely as a general norm. This study emphasizes that the understanding of polygamy must consider the historical context and the purpose of sharia, so that its application remains relevant to the principle of justice in Islam
Orthodoxy and Heresy in the Thought of Nūr al-Dīn al-Rānīrī : Shaṭaḥāt, Takfīr, and the Boundaries of Shariah
No full textThe theological debate in Aceh in the 17th century, particularly the accusations of heresy and infidelity directed by Nūr al-Dīn al-Rānīrī against the Wujudiyah group, reflected the tension between shariah, sufism, and creed. This issue is relevant to revisit because it is not only an essential part of the intellectual history of Islam in the archipelago, but also has strong resonance in contemporary takfīr discourse that impacts the religious practices and socio-legal order of Muslims. This study aims to analyse al-Rānīrī's accusations through the parameters of shariah, particularly in relation to shaṭaḥāt (ecstatic expressions), while also examining its significance in modern debates regarding the limits of faith and the practice of excommunication. Using a literature review method and al-Fatḥ al-Mubīn as the primary source, this study found that al-Rānīrī's verdict was based on the assumption that Wujudiyah rejected the obligations of prayer and fasting. However, a textual analysis of Hamzah Fansuri's thought showed that what is meant was only the condition of Sufis in a state of unconsciousness, which in fiqh is considered a matter of khilafiah (disagreement). Therefore, the accusations of bid'ah and kufr do not have sufficient legal legitimacy. This finding confirms that the discourse of takfīr is not only a historical problem, but also has significant socio-legal implications in contemporary times, both through institutional fatwas and the narratives of transnational groups that have the potential to give rise to stigmatisation and social conflict
The Right to Digital Tranquility: A Comparative Analysis of AI Governance in Oman and Jordan from an Islamic Legal Perspective
No full textThe development of artificial intelligence (AI) and digital technology in the Middle East has raised new challenges to the right to privacy and tranquility of individuals in cyberspace. This article examines the concept of the right to digital tranquility through a comparative analysis of legal policies in the Sultanate of Oman and the Hashemite Kingdom of Jordan. This study uses a qualitative legal approach that combines normative and comparative analysis to assess the extent to which both countries regulate the collection and processing of personal data, as well as respond to digital violations arising from the use of AI. The results show that Oman implements a preventive approach based on al-siyāsah al-shar‘iyyah values with a focus on explicit user consent as stipulated in Personal Data Protection Law No. 6 of 2022. In contrast, Jordan takes a repressive and law enforcement approach through Cybercrime Law No. 17 of 2023 and Data Protection Law No. 24 of 2023, which emphasize accountability and balance between digital freedom and national security. From an Islamic legal perspective, the right to digital tranquility represents the implementation of maqāṣid al-shariah, specifically ḥifẓ al-‘ird (protection of honor) and ḥifẓ al-nafs (protection of life). Principles such as karāmah al-insān, dar’ al-mafsadah, maslahah mursalah, and lā ḍarar wa lā ḍirār form the moral basis for fair and humane AI governance. This article concludes that strengthening the right to digital peace requires an ethical, participatory AI governance model that is in line with Islamic legal values so that technological progress does not sacrifice human dignity in the digital age
Ketegangan HAM dan Hukum Islam: Menelusuri Akar Masalah
No full textThis study aims to explore the root of the tension between human rights and Islamic law. It explores the main sources of disagreement between universal human rights principles and Islamic legal norms, as well as attempts at reconciliation between the two. The method used is library research with a descriptive-analytical approach. The research sources include international legal documents, classical and contemporary Islamic legal literature, and related academic studies. The results of the study show that this tension is rooted in epistemological differences, historical contexts, and legal interpretations that have developed in various Muslim regions. Despite these differences, a number of modern Muslim thinkers have attempted to harmonize human rights and Islamic law. This study emphasizes the importance of constructive dialogue to bridge differences without neglecting the fundamental principles of each legal system
Pemikiran Politik dan Kenegaraan Hasan Al Turabi dan Mahmoed Mohammed Thaha
No full textThis study aims to analyze and compare the political thoughts and concepts of statehood of Hasan al-Turabi and Mahmoed Mohammed Thaha, two Muslim intellectual figures who have different views on Islam and politics. The method used is qualitative research with a descriptive-analytical approach and a comparative study of the works and ideas of both. The results show that al-Turabi emphasizes Islam as the basis of a modern and inclusive political system, while Thaha proposes a reinterpretation of Islamic teachings with a progressive and humanist approach. Their thoughts reflect differences in seeing the relationship between religion and the state, with al-Turabi supporting the integration of Islam in politics, while Thaha emphasizes separation to achieve social justice. This study provides new insights into the dynamics of Islamic political thought and its relevance in the contemporary political context
Mahasiswa Sebagai Salah Satu Kekuatan Penegakan Hukum
No full textThis study aims to analyze the role of students as one of the forces in law enforcement in Indonesia. The method used is juridical-sociological research with a descriptive-analytical approach, through literature studies and studies of student movements in the history of legal reform. The results show that students have a strategic role in upholding the rule of law through advocacy, social criticism, and involvement in reform movements. In various historical moments, students have been agents of change that encourage transparency, accountability, and justice in the legal system. However, the challenges faced include the lack of consistency in the movement, political intervention, and limitations in in-depth understanding of the law. Therefore, it is necessary to strengthen students' capacity in understanding the law and more systematic advocacy strategies in order to contribute more effectively to law enforcement
Sistem Pengupahan Dalam Islam
No full textThis study aims to examine the wage system from an Islamic perspective, by highlighting the principles of justice, transparency, and humanity contained in Islamic teachings. Using a qualitative method through a literature study approach, this study analyzes primary sources such as the Qur'an, Hadith, and classical and contemporary fiqh literature. The results showed that the wage system in Islam emphasizes the importance of an agreement between workers and employers, the obligation to pay wages on time, and the prohibition of labor exploitation. Islam views wages as a right that must be fulfilled fairly as part of maintaining human dignity. This study confirms that the implementation of a wage system in accordance with Islamic values can create social justice and increase work productivity
Rethinking Marriage Guardians for Widows in Indonesia : Perspective of Legal Certainty and Maslahah Theory
No full textThe issue of marriage guardianship (wali nikah) for widows remains crucial in Indonesia. BPS 2022 data shows over 13 million widows (cerai mati) and 2.7 million divorced women (cerai hidup). He absence of explicit regulation in Article 14 of KHI creates legal uncertainty, often leading widows to unregistered marriages (nikah sirri), risking their legal protection and rights. It is at this point that the study of this article aims to examine more deeply the stipulation of the “marriage guardian” requirement for widows in the Compilation of Islamic Law, reviewed according to the theory of legal certainty and benefit. At the same time, this article also aims to identify and analyze the form of reformulation of the provisions of marriage guardianship for widows according to the theory of legal certainty and legal benefit. The research method used in this article is a qualitative prescriptive method with a normative juridical approach, utilizing legal interpretation and literature review. The findings indicate that Article 14 of the Compilation of Islamic Law does not explicitly regulate the marriage guardian for widows, causing legal uncertainty and increasing unregistered marriages (nikah sirri), which result in unclear legal status and administrative obstacles. The study recommends the reformulation of clear and fair provisions affirming the widow's authority in marriage, ensuring legal certainty and alignment with the principles of Islamic law and national legal norms. The contribution of this article lies in offering a specific legal reformulation of Article 14 of the KHI regarding the marriage guardian for widows.Kedudukan wali nikah bagi janda dalam hukum Islam merupakan problem yang cukup krusial di era kontemporer ini. Meningkatnya pertumbuhan populasi janda di Indonesia meniscayakan adanya berbagai kajian sosiologi dan filsafat hukum tentang pentingnya ketentuan wali nikah bagi janda yang tegas dan berkepastian hukum. Sehingga berbagai problem pernikahan janda dapat diurai secara transformative. Dititik inilah studi artikel ini bertujuan untuk menelisik lebih dalam tentang penetapan syarat “wali nikah”bagi janda dalam Kompilasi Hukum Islam ditinjau menurut teori kepastian hukum dan kemaslahatan. Pada waktu yang bersamaan artikel ini juga bertujuan untuk mengidentifikasi dan menganalisis bentuk reformulasi ketentuan wali nikah bagi janda menurut teori kepastian hukum dan kemaslahatan hukum. Metode penelitian yang digunakan dalam studi artikel ini adalah metode preskriptif kualitatif dengan pendekatan yuridis normative. Adapun hasil dalam penelitian artikel ini menunjukan bahwa ketetapan wali nikah bagi janda dalam Kompilasi Hukum Islam tidak sesuai dengan prinsip kepastian hukum hukum dan kemaslahatan hukum. Hal itu dikarenakan berbagai ketentuan yang mengatur perwalian nikah bagi janda yang tidak diatur secara tegas dan eksplisit. Sehingga sebagai konsekuensi yuridisnya banyak para janda yang memilih nikah sirih dengan status hukum yang tidak jelas. Oleh karenanya berbagai rumusan tersebut harus dipikirkan ulang dan direformulasi dalam bentuk ketetapan dan aturan yang eksplisit yang berkeadilan dan berkemaslahatan. Novelty dalam tulisan artikel ini terletak pada tawaran reformulasi hukumnya yang distingtif tentang ketentuan wali nikah bagi janda pasal 14 didalam KHI