Justicia Islamica (Journal)
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Systems of Government in Islamic Countries: The Dynamics of Sharia Law from the Prophetic Period to the Modern Era
No full textThis article explores the forms and systems of government practiced by Islamic states from the time of the Prophet to the present day. This research departs from the problem of the debate on the relationship between religion and the state in the practice of Muslim countries that form the diversity of Islamic state administration from classical to modern times. This conceptual research is related to classical to contemporary government practices in Muslim countries. This research uses heuristic and philosophical approaches. Based on the research conducted, this study concludes that four factors cause diversity in the implementation of the constitutional state of Islamic countries, namely: 1) there are no specific rules on constitutionalism in Islamic teachings, 2) the centralized and absolute power of the caliph, 3) the growing tradition of the rule of law, and 4) the influence of Western concepts of democracy through international expansion and the expansion of power in the colonial era. This study contributes practically to offering a more adaptive model of interaction and negotiation of diversity-based governance and constitutions of Muslim-majority countries
Settlement of Sharia Economic Disputes: Efficiency of Implementation in Indonesian Religious Courts
No full textThis research is a critique of the efficiency of the sources of material law used in the settlement of sharia economic disputes to see how great the urgency is in creating sources of material law that are more specific and can be used as legally binding in sharia economic cases. This research uses descriptive qualitative research methods. The data collection method is done through observation, interviews, and documentation. Furthermore, data analysis was carried out using the methods of data reduction, data display, and conclusion/verification. The results of this study show that the source of material law in the settlement of sharia economic disputes is less efficient because the settlement of defaults and unlawful acts in the field of sharia economics still refers to the Civil Code (KUHPerdata). This finding confirms that there is a legal vacuum in sharia economic disputes, so dispute resolution only focuses on the agreed aspects of the contract, not on the form and practice of the contract. The implication is that the decision made by the judge does not fulfill the interpretative legal theory that adheres to the values of justice, fairness, and procedural due process. Ideally, the resolution of sharia economic disputes should still be based on Islamic law principles as the basis of the function of the Religious Courts. Practically, this research contributes to the conceptual framework of the source of material law in resolving sharia economic disputes in more effective Religious courts, as well as offering a concept of dispute resolution that follows the principles of the Islamic legal system
Religion and State in Islamic Constitutional Law: The Role of Pesantren in Strengthening Symbiotic Islam and the State in Madura
No full textThe Pesantren Law further emphasizes the existence of pesantren who are responsible for spreading the ideology of patriotism. Pancasila has established a mutual need and benefit pattern between religion and the state. It is unique that the position of religion in Pancasila is based on the first principle. This follows the thinking of the pesantren in Madura, who view that religion and the state cannot be contradicted because both have a mutually beneficial relationship (symbiotic). The purpose of writing this article is to find out the strategy of the pesantren in spreading the symbiotic understanding of religion and the state in Madurese society, which has proven successful in preventing the spread of radicalism in Madurese Muslim society, where the process of spreading has been massive through social media and online media. This research uses empirical legal research with legal sociology and legal anthropology approaches. The results obtained in this study show that pesantren in Madura use two methods and strategies to spread the Islamic ideology of love for the homeland, namely through internal and external strategy. Internal strategies are carried out through the pesantren teaching system, based on the postulates and advice on patriotism to its students. The external strategy is carried out through establishing a network of pesantren and madrasah branches and organizing the duty ustad program in community life to build and maintain the Nusantara Islamic ideology that loves the country. This research contributes to efforts to improve public understanding of the importance of maintaining harmonious relations between religion and state. This model of strengthening understanding can be a reference for the government in implementing policies to strengthen public understanding of the symbiotic of Islam and the state through religious institutions
The Prevention of Underage Marriage in Indonesia: State, Religious Authority and Human Rights
No full textThis paper strives to investigate dynamic interplays among the state, religious authority, and human rights surrounding early marriage among Muslims in contemporary Indonesia. More specifically, this paper will address the following problems: (a) how do religious authorities respond to the cases of early marriage in Indonesia; (b) what kind of religious understanding should be developed to prevent early marriage in Indonesia; (c) how do religious judges exert their agency in preventing early marriage in Indonesia amidst the pressure of state, religion, and human rights. This research employs a qualitative methodology, including interviews with religious scholars and judges and analyzing legal documents. The finding of the research states that while some religious authorities advocate early marriage based on conservative interpretations, progressive scholars argue for delaying marriage to safeguard children's health and rights. In addition, a more context-sensitive understanding, rooted in maqasid al-sharia (objectives of Islamic law), is essential for preventing early marriage. Religious judges, meanwhile, play a pivotal role in navigating social, legal, and religious pressures, especially in cases involving pre-marital pregnancies in Indonesia. This study contributes to the sociology and politics of Islamic law, most notably in unravelling the complexity of power relations among the state, religious authority, and human rights regarding underage marriage.Dalam era modern, pernikahan tidak bisa dipandang sebagai masalah yang bersifat murni keagamaan, yang hanya berhubungan dengan otoritas keagamaan, tetapi juga harus dilihat dari perspektif yuridis formal, yaitu sistem hukum dalam negara, yang dalam hal ini melibatkan otoritas negara. Dalam konteks Indonesia saat ini, kita melihat bahwa ada dua otoritas, yaitu otoritas keagamaan dan otoritas negara, yang memainkan peran penting dalam menentukan pernikahan. Kedua otoritas ini terkadang sejalan, tetapi juga terkadang mengalami ketegangan. Selain itu, satu hal lagi yang perlu dipertimbangkan dalam memutuskan pernikahan, yaitu hak asasi manusia, khususnya hak anak. Makalah ini berusaha untuk menyelidiki dinamika interaksi antara negara, otoritas keagamaan, dan hak asasi manusia seputar pernikahan dini di kalangan Muslim di Indonesia. Lebih spesifik, makalah ini akan mengeksplorasi masalah-masalah berikut: (a) bagaimana otoritas keagamaan merespons kasus-kasus pernikahan dini di Indonesia; (b) jenis pemahaman keagamaan yang harus dikembangkan untuk mencegah pernikahan dini di Indonesia; (c) bagaimana hakim agama menjalankan agensi mereka dalam mencegah pernikahan dini di Indonesia di tengah tekanan dari negara, agama, dan hak asasi manusia
Contestation and Negotiation on Interfaith Inheritance in Pancasila Village
No full textThis research aims to investigate the division of inheritance between different religions in Kampung Pancasila Balerejo Wlingi Blitar and analyze the relationship between legal systems in the division of inheritance. This research is a non-doctrinal research using a legal pluralism approach. Data were collected through document study, observation, focus group discussion, and in-depth interviews. The data was analyzed using Sally Falk Moore's theory of legal pluralism. The results showed that the division of inheritance was carried out equally between men and women even though family members adhered to different religions. The process of inheritance division is carried out by deliberation by presenting village officials. The reality of the division of inheritance between different religions in Pancasila Village shows that local law and state law run simultaneously and complement each other. Kampung Pancasila has a self-regulating inheritance system. The capacity possessed by the people of Pancasila Village to regulate independently shows the existence of autonomy. However, this autonomy is not absolute (the semi-autonomous social field) due to the influence of state organs. These, namely village officials, come from outside the semi-autonomous area and affect the distribution of inheritance. This research contributes to identifying the contestation and negotiation between legal systems in the inheritance distribution practices of multi-religious families. In addition, this research also contributes to providing alternative solutions to the division of inheritance in multi-religious families.This research aims to investigate the division of inheritance between different religions in Kampung Pancasila Balerejo Wlingi Blitar and analyze the relationship between legal systems in the division of inheritance. This research is an empirical juridical research using a legal pluralism approach. Data were collected through observation, document study, focus group discussion, and in-depth interviews. The data was analyzed using Sally Falk Moore's theory of legal pluralism. The results showed that the division of inheritance was carried out equally between men and women even though family members adhered to different religions. The process of inheritance division is carried out by deliberation by presenting village officials. The reality of the division of inheritance between different religions in Pancasila Village shows that local law and state law run simultaneously and complement each other. Kampung Pancasila has a self-regulating inheritance system. The capacity possessed by the people of Pancasila Village to regulate independently shows the existence of autonomy. However, this autonomy is not absolute (the semi-autonomous social field) due to the influence of state organs. These, namely village officials, come from outside the semi-autonomous area and affect the distribution of inheritance. This research contributes to identifying the contestation and negotiation between legal systems in the inheritance distribution practices of multi-religious families. In addition, this research also contributes to providing alternative solutions to the division of inheritance in multi-religious families
MENGATASI KEJAHATAN SIBER DALAM HUKUM ISLAM: STRATEGI DAN PENDEKATAN HUKUM
No full textThis research examines Islamic law strategies in Indonesia to combat cybercrime and illegal data dissemination. The main focus is to identify and analyze relevant Islamic law approaches in cybercrime in Indonesia and assess their effectiveness in addressing illegal data dissemination. Qualitative methodology was used to collect data, including document analysis and expert interviews. The results show that applying Islamic law principles such as justice, transparency, and accountability can strengthen law enforcement policies and practices in addressing cybercrime. The findings also emphasize the importance of improving education and awareness about Islamic law in preventing cybercrime. As a practical contribution, this research offers a legal framework that policymakers and law enforcement can integrate to address cybercrime and illegal data dissemination more effectively. By referring to principles such as justice (al-'adl) and the protection of individual rights (huquq al-insan), the article proposes preventive and enforcement measures that can be applied in the context of legal product formulation, policy drafting and more flexible law enforcement.Perkembangan teknologi informasi telah membawa dampak yang signifikan bagi masyarakat, diantaranya adalah semakin meningkatnya kejahatan siber. Dalam konteks tersebut, artikel ini berusaha untuk mengulas pendekatan hukum dalam menangani kejahatan siber dalam perspektif hukum Islam. Latar belakang artikel ini mengidentifikasi meningkatnya ancaman kejahatan dunia maya dan perlunya strategi hukum yang efektif dalam mengatasi tantangan ini. Tujuan utama artikel ini adalah menganalisis strategi hukum yang dapat dilaksanakan dengan memperhatikan prinsip-prinsip hukum Islam. Metode penelitian yang digunakan melibatkan analisis mendalam terhadap konsep hukum Islam yang relevan serta penilaian efektivitasnya dalam konteks kejahatan dunia maya. Hasil analisis menunjukkan bahwa pendekatan hukum Islam berpotensi memberikan solusi efektif dalam mengatasi kejahatan siber di era digital ini. Kesimpulannya, artikel ini menekankan pentingnya penerapan strategi hukum yang sesuai dengan prinsip hukum Islam untuk melindungi masyarakat dari ancaman kejahatan dunia maya yang semakin kompleks dan meresahkan. Oleh karena itu, artikel ini memberikan kontribusi penting terhadap pemahaman tentang bagaimana hukum Islam dapat diterapkan secara efektif dalam mengatasi tantangan keamanan siber modern
Harmony in Diversity: The Role of Minority Jurisprudence in Realizing Religious Harmony in Jayapura, Papua
No full textThis research aims to answer how the ideal model of minority fiqh implementation in Jayapura Regency and its contribution to religious harmony in Indonesia. This research is a juridical-empirical research with normative theological and sociological approaches. The data was analysed using descriptive qualitative method. The research data was obtained through interviews and observations of informants and research locations in Jayapura. In contrast, document data was obtained from various literature sources, such as books, journal articles, and research reports. Based on the research conducted, the results show that the implementation of the fiqh of the Muslim Minority of Jayapura Regency can be formulated in 4 four models: 1) taking the opinion of the madzhab that facilitates the uncleanliness of dogs and pigs; 2) allowing Muslims to say Merry Christmas to Christians; 3) being able to participate in ceremonial activities and Christmas committees, and 4) the permissibility of electing non-Muslim leaders. Based on the research findings, it shows that there are factors driving the implementation of the fiqh of religious harmony by Muslim minority communities in Jayapura Regency. This research also contributes to realising religious moderation in a pluralistic society
The Concept of Civilized Indonesian Law: Strengthening Islamic Spiritual Values in Law
No full textThis article aims to explain the concept of civility, legal problems in Indonesia that reflect uncivilization, and the idea of civilized law based on Islamic spiritual values. A secular understanding that separates law from good religious and spiritual values is an exciting background for research. This research uses a literature study method with a legal philosophy approach. Research data comes from literature and scientific works related to the research theme. The research results show that civility is related to good moral ethics by religious values. Research shows that legal problems originate from legal actors' wrong actions or moral ethics. Apart from that, the research results also explain the concept of civilized law with the principles of Islamic spiritual values, which are relevant to forming legal, moral ethics. So, it can be concluded that the concept of civilized law for Indonesia is to the current legal situation, which requires changes in the behavioral attitudes of legal actors by strengthening Islamic spiritual values. This research contributes as a behavioral guideline for policymakers and law implementers to present a more moral and ethical law based on morals and ethics (adab) based on spiritual values. This includes the formulation of professional ethics based on spiritual values. To present civilized legal behavior in Indonesia
Transformation of Kyai Authority in Marriage: A Law-Abiding Society in Pekoren, Rembang, Pasuruan
No full textThis article discusses the role and authority of kyai in marriage practices in Muslim communities, especially in Pekoren Rembang Village, Pasuruan. This research uses a socio-legal approach and focuses on the role of kyai in carrying out marriages that are not always registered at the Office of Religious Affairs (KUA). In the Pekoren community, kyai have authority in religious law and are often involved in the marriage contract procession, even though the KUA does not officially record it. This gives rise to unregistered marriages, where marriages are considered religiously valid but not recognized by the state. This research also reveals that the role of kyai in marriage has shifted due to increasing legal awareness in society, pragmatism, and reduced appreciation for Islamic boarding school graduates. This research concludes that the authority of kyai in marriage practices in Pekoren is decreasing along with socio-economic changes and increasing legal awareness in society. Now, people prefer marriages officially registered by the head of the KUA to obtain legal guarantees. The shifting role of kyai in marriage practices in Pekoren Village can serve as a guide for policymakers and religious leaders in ensuring that marriages are recognised under state law, in line with socio-economic changes and the legal awareness of the community
Fiqh Daily Prison: Practical Solutions of Islamic Law for the Problems of Prisoners
No full textThe article aimed to answer the daily fiqh problems of prisoners in Correctional Institutions (Lapas) class II Tembilahan. The fiqh problems related to Islamic law relating to individuals, relationships with God and prison society. The structured interviews with prisoners and the study of relevant documents were used to answer the research questions. This research uses a qualitative approach and literature by referring to classical and contemporary fiqh books. This research resulted in the findings of the formulation of daily fiqh of prisoners in Class II Tembilahan Correctional Institution, namely: First, related to fiqh laws that concern individual issues such as masturbation, tattoos, vital organs installed with roles to becoming prayer leader (imam), paying debts from drug money, anxious between farting or not at the time of bowing or prostration, the law of not providing maintenance for the wife for a long time, and apologizing to parents who have died. Secondly, there is the issue of fiqh rulings between the servant and Allah. In this case, one issue is the law of the zuhur prayer being performed before the Friday prayer. Third, issues related to relationships with society. In this case, there is one issue, namely maintaining tolerance for non-Muslims in prison. This research contributes to providing Islamic legal solutions to the daily problems of Muslim prisoners to continue to carry out religious obligations in correctional institutions and as a reference for policymakers in correctional institutions to continue to present legal benefits for Muslim prisoners.The article aims to answer the daily fiqh problems of prisoners in correctional institutions (Lapas) class II Tembilahan. The fiqh problems in question are related to fiqh related to individuals, relationships with God, and relationships with prison society. To answer these questions, the interview method is used with prisoners. This research uses a qualitative approach with structured interview data collection methods. Then, a literature study will be conducted by referring to classical fiqh books and contemporary fiqh and data analysis. After the research was conducted there were at least three fundamental problems related to the daily fiqh of the Prophets in Class II Tembilahan were found, including first, associated with the issue of fiqh laws concerning individual issues such as the issue of masturbation, the issue of tattoos, the issue of vital organs installed guli-guli being the priest, paying debts from drug money, the issue of anxiety between farting or not at the time of bowing or prostration, the law of not providing maintenance for the wife for a long time, and apologizing to deceased parents. Secondly, there is the issue of fiqh rulings between the servant and Allah. In this case, one issue is the law of the Zuhr prayer being performed before the Friday prayer. Third, issues related to relationships with society. In this case, there is one issue, namely maintaining tolerance for non-Muslims in prison