Justicia Islamica (Journal)
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356 research outputs found
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Fiqih Wanita: Sebuah Tinjauan Historis
No full textThis study aims to examine the development of women's fiqh (Islamic jurisprudence) in a historical perspective and how social and cultural dynamics influence the understanding of Islamic law related to women. The method used is qualitative with a historical-analytical approach, through a literature review of classical fiqh books and contemporary works. The results show that women's fiqh developed in various schools of thought with diverse interpretations, often influenced by the social context of the time. In some periods, women's fiqh was more restrictive, while in the modern context, more inclusive and gender-justice oriented reinterpretations emerged. This study emphasizes that women's fiqh is dynamic and needs to be contextualized according to the principle of maqashid sharia in order to remain relevant to the needs of Muslim women in the contemporary era
Marjinalisasi Perempuan di Wilayah Politik
No full textThis study aims to analyze the marginalization of women in the political sphere and the factors that influence it. The method used is qualitative with a descriptive-analytical approach, through a literature review and data analysis regarding the representation of women in politics. The results show that the limitations of women in politics are caused by structural factors, patriarchal culture, and policies that do not support women's participation. In addition, gender stereotypes and lack of access to political resources also reinforce this marginalization. Although various affirmative policies have been implemented, their implementation still faces various obstacles. This study emphasizes the need for more effective strategies in increasing the role of women in politics, both through political education, capacity building, and more inclusive policies. Thus, more equal participation of women in politics can be realized in a sustainable manner
Ijtihad Istinbati dan Tatbiqi
No full textThis 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
Perkembangan Pemikiran Fiqh Pada Masa Awal: Telaah atas Pemikiran Imam al-Shafi'i
No full textThis 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
Reconstructing Islamic Legal Epistemology: The Performative Logic of Ijtihād Irshādī in the Lajnah Bahtsul Masā’il of Pesantren Lirboyo
No full textThis article examines the epistemological and performative construction of Ijtihād irshādi at the Lajnah Bahtsul Masail (LBM) of Pesantren Lirboyo as a paradigm that repositions fatwa not merely as juridical determination, but as ethical discourse shaped through communicative, pedagogical, and socially embedded reasoning. Responding to contemporary socio-religious issues such as domestic violence, interfaith marriage, and digital era household needs, this research argues that Ijtihād irshādi emphasises moral orientation, dialogical clarification, and contextual sensitivity while remaining grounded in maqasid al-shariah and the pesantren tradition. Using a qualitative phenomenological case study combined with Foucauldian archaeological discourse analysis, this study examines LBM documents, in-depth interviews with kiai and senior students, and participant observation in bahtsul masail sessions to map the epistemic formation of irshādi fatwas. The findings demonstrate that Irshadi reasoning works through nonimperative ethical guidance, performative enunciation of authority, and flexible interpretive mechanisms that integrate classical texts with lived realities. The study contributes conceptually by clarifying the epistemic structure of irshādi fatwas, methodologically through the synthesis of phenomenology and archaeological analysis, and practically by showing how pesantren-based jurisprudence can guide Muslims through evolving ethical challenges
Sexual Exploitation in Marriage Tourism: Justice and Legal Protection for Victims in Cianjur and Jember
No full textThis article aims to provide recommendations for establishing regional regulations related to tourist marriage, the imposition of strict sanctions, and efforts to protect victims. The urgency of this research is because, in several tourist areas, there has been a practice of contract marriage involving women and children with tourists for years. This research uses descriptive-qualitative data analysis with a case study approach. In contrast, data collection techniques are done through interviews and a literature review of online source data. Based on the results of the research, it was found that contract marriage cases in the Puncak Bogor area and the Jember area are one type of sexual trafficking with child victims involving marriage brokers, parents, and tourists. This marriage is motivated by economic factors to save themselves and their families from poverty. Victims are primarily virgin girls aged 14-18 years who are married off on a transactional basis in exchange for half of the promised dowry. In practice, marriages are conducted are not registered. The local government in Jember has passed a local regulation on protecting women and children, while in Cianjur a district head regulation on the prohibition of contract marriages was passed. Socialization from the Religious Affairs Office and local government is still done in tourist areas. However, some contract marriage practices can still be found because women do not feel they are victims of sexual trafficking. This research provides a basis for local government policy towards handling and minimizing the practice of contract marriage
Presidential Threshold in the 2024 Presidential Elections: Implications for the Benefits of Democracy in Indonesia
No full textElections are one of the Indonesian people's efforts to elect the best leaders as well as the embodiment of a democratic country. The Presidential Threshold (PT) that applies in the 2024 presidential election (Pilpres) is one of the things that has become a polemic in society. This can be seen in several judicial review processes by the public and groups requesting the abolition of the threshold. With normative research and conceptual and legislative approaches relating to elections in general and presidential elections in particular, this research questions its benefits. The benefit in question is the benefit that returns to the community in particular and the government system that is formed. Through literature study and qualitative analysis, the results showed that the existence of PT contradicts the wrongful benefits and á¸arÅ«rÄ« in the nation's life and democracy. This means the people are limited in choosing presidential and vice-presidential candidates who truly suit their wishes. The nation's best sons and daughters are limited in their rights to nominate themselves as leaders because of the PT. Furthermore, the ruling party has a tremendous opportunity to control the presidential system, both at the legislative and executive levels, and this is undoubtedly contrary to the benefit itself
Contradiction Implications of the Receptie a Contrario Theory in Minangkabau Inheritance
No full textThis research explores the application of the receptie a contrario theory in its implementation in the inheritance law of the Minangkabau customary society. This research is a normative juridical research with conceptual and philosophical approaches. Data source analysis is conducted on primary legal materials in the form of expert interviews and laws and regulations, and secondary legal materials in the form of research results on Islamic law and customary law. Based on the research results, it can be concluded that the theory of receptie a contrario still applies to inheritance issues in Minangkabau. Although the Minangkabau people are famous for their adherence to customs, they consider breaking customs shameful. However, the Minangkabau community has explicitly stated that their customary inheritance law refers to Islamic inheritance law by recognizing that children and wives are heirs of their parents/husbands. In contrast, previously, the customary heirs recognized were nieces (kemenakan). This research confirms that the application of the receptie a contrario theory still applies to inheritance issues in Minangkabau. In addition, it also contributes to explaining to the broader community that inheritance in Minangkabau, although it adheres to matrilineal kinship lines, has implemented Islamic law
Resilience of Muslimah Sex Workers: Fulfilment of Children's Rights Based on Fiqh Hadhanah and the Child Protection Law
No full textThis research study aims to further explore and delve into the resilience efforts of Muslimah sex workers in fulfilling their children's rights as mandated by Hadhanah jurisprudence and the Child Protection Law, which has become a living law in society. This is socio-legal research with a case study in Wisata Karaoke (ex-localization), Suko, Malang, Indonesia. The method of data collection used in this study is in-depth interviews with four muslimah prostitutes who have children, observation, and documentation. The results of this study indicate that Muslimah sex workers employ two resilience models in fulfilling their children's rights. The first resilience model involves placing their children in Islamic boarding schools (pesantren), considered authoritative childcare institutions. The second resilience model consists of entrusting their children to immediate family members, such as grandparents and aunts, who are perceived to be free from negative influences like promiscuity and alcohol consumption, which are commonly associated with the world of prostitution. Both resilience models are based on mitigation efforts to prevent their children from falling into the same cycle of prostitution as their mothers. This research contributes to becoming new policy material for scholars, government, legislators, and academics in initiating the formation of childcare institutions around ex-localizations as a guarantee of continuity, protection, and fulfillment of the rights of abandoned prostitutes' children
The Existence of Marriage Post the Constitutional Court Decision: As a Right or a Prerequisite?
No full textThe practice of marriage is always closely related to the arrangements in religious law and state law. This research aims to answer two legal issues, namely the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 and the implications of the Constitutional Court Decision No. 24/PUU-XX/2022 in the aspects of Islamic law and national law. This research is a normative legal research with case, conceptual, and legislative approaches. The findings of this research confirm that the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 is not only seen as a human right as a freedom for everyone to enter into marriage. But it must be based on the values of religious law as a representation of the legality of marriage by the state. The orientation of the Constitutional Court Decision is important because KHI and the Marriage Law have the same perspective in viewing marriage as a prerequisite and not as a right. The practical contribution of this research is related to ideal legal policy, namely the need for affirmation and formulation in Indonesian legislation that marriages that do not aim to form families and are oriented towards continuing offspring are invalid in accordance with the aspects of maslahat mursalah and the Indonesian legal system