Justicia Islamica (Journal)
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Money Laundering Crime in the Perspective of Islamic Law in the System of Proof
No full textThis paper initiates the study of Islamic law related to the reverse proof system contained in Articles 77 and 78 in law number 8 of 2010 concerning the Prevention and Eradication of The Criminal Action of Money Laundering. In this study, the authors used qualitative methods to respond to the concept of fiqh life in Indonesia. The purpose of this study is related to the burden of proof reversed using the opinions of Islamic law, usul fiqh, and legislation. From the study results, the evidence to the contrary does not apply to all criminal cases but only to exceptional cases such as money laundering. Money laundering in Indonesia can be in the form of enrichment by illegal means. Islamic law in the development of law in Indonesia also minimizes the crime of criminal origin that develops and continues in money crimes from the influence of controlling illicit money that feels like halal money and also includes sanctions against perpetrators of crimes punished by Islam into national law
The Inception of SKB on Ahmadiyya: From State of Power to State of Law
No full textThe product of the law on Ahmadiyya, known as the SKB (Surat Keputusan Bersama) or Joint Ministerial Decree, bans them from conducting religious activities, has provoked a polemic and controversy. This article examines the socio-political process of the SKB and criticizes the essence of the state of the law by proposing the concept of limitation of power. Ahmadiyya adherents in Manislor, Kuningan, have become role models in responding to the dynamics of the SKB. Using a qualitative approach to understand the local voices and experiences deeply, the data were based on fieldwork and collected through observations, interviews, and documentation. This article found that (1) the SKB is a controversial political product since the birth of SKB was influenced by various political powers consisting of internal and external parties; (2) the current social situation of Ahmadiyya adherents in Manislor who fervidly initiated to overcome the conflict affected the dynamics of social actors in supporting the process of social integration within society; and (3) the limitation of the power of the government and state apparatus is crucial to avoid abuse of power in dealing with minorities. The limitation of local and national government power is required to obey the law, human rights, and other noble values originating from religious, moral, and ethical norms.
The Implementation of Gender-Responsive Fiqh: A Study of Model Application of Women-Friendly and Child Care Village in Post-Covid-19 Pandemic
No full textAmid the gender-responsive movement, this study addresses issues in Islamic jurisprudence (fiqh). This is because fiqh products appear unable to address contemporary issues, particularly those affecting women and children. The frequent sexual and domestic abuse and women's slower acceleration than men are some of the issues women face today. Meanwhile, the current children in Indonesia are also experiencing various pressures due to the many problems of violence against them. Worse yet, when Indonesia encounters health problems and the severity of Covid-19, Indonesia also faces the problem of women’s and children’s welfare. To overcome this problem, the Ministry of Women's Empowerment and Child Protection (Kemen PPPA) and the Ministry of Villages, Development of Disadvantaged Regions, and Transmigration (Kemendesa PDTT) have declared a Movement to Increase Women's Involvement through Women-Friendly and Child-Care Village. After the Covid-19 emergency, this movement is one of the synergistic efforts to achieve every town's Sustainable Development Goals (SDGs). This study of Islamic law is classified as a reaction to societal issues. Focusing on literature studies, this study finds that implementing women-friendly and child-care villages represent the responsive ijtihad fiqh methodology support in developing fiqh towards gender responsiveness
Collaborative Governance in the Jogja Berwakaf Movement
No full textThis research aimed to look into the collaborative governance model proposed by the Jogja Berwakaf Movement in the Special Region of Yogyakarta (DIY). Data mining is based on primary and secondary legal sources linked to waqf governance employing empirical juridical research methodologies and transformational approaches. Meanwhile, a qualitative descriptive model was employed to analyze the data. The study's findings demonstrate that the Jogja Berwakaf Movement's program has successfully mobilized government and private partners in the DIY to collaborate and collaborate to address the community's socioeconomic difficulties. The Jogja Berwakaf Movement has raised awareness of waqf productivity's significance in speeding economic growth, socio-economic empowerment, and poverty alleviation. This movement resulted in a variety of program models, including the collection of innovative waqf through waqf auctions, literacy and education of waqf to the community through the 'Kopi Luwak' and 'Kopi Lawak' events, digitization of waqf integrated with poverty data in Sleman Regency, waqf corner at KUA throughout DIY through integrated waqf application and various other collaboration-based socialization, collection, and distribution programs of waqf. Through this collaborative movement, waqf governance is more optimal and directed, and the multiplayer effect is getting bigger. From the results of this study, apart from contributing to the acceleration of waqf governance in the regions, it can also become a rule model for sustainable waqf governance in Indonesia.
This research aimed to look into the collaborative governance model proposed by the Jogja Berwakaf Movement in the Special Region of Yogyakarta (DIY). Data mining is based on primary and secondary legal sources linked to waqf governance employing empirical juridical research methodologies and transformational approaches. Meanwhile, a qualitative descriptive model was employed to analyze the data. The study’s findings demonstrate that the Jogja Berwakaf Movement’s program has successfully mobilized government and private partners in the DIY to collaborate and collaborate to address the community’s socioeconomic difficulties. The Jogja Berwakaf Movement has raised awareness of waqf productivity’s significance in speeding economic growth, socio-economic empowerment, and poverty alleviation. This movement resulted in a variety of program models, including the collection of innovative waqf through waqf auctions, literacy and education of waqf to the community through the ”˜Kopi Luwak’ and ”˜Kopi Lawak’ events, digitization of waqf integrated with poverty data in Sleman Regency, waqf corner at KUA throughout DIY through integrated waqf application and various other collaboration-based socialization, collection, and distribution programs of waqf. Through this collaborative movement, waqf governance is more optimal and directed, and the multiplayer effect is getting bigger. From the results of this study, apart from contributing to the acceleration of waqf governance in the regions, it can also become a rule model for sustainable waqf governance in Indonesia
Family Expectation and Poverty Alleviation Program: Approaches to Family Development Laws, Sustainable Development Goals, and Maqashid Sharia
No full textThis research intends to evaluate the Family Expectation Program to alleviate poverty through the lens of Population and Family Development Laws, Sustainable Development Goals, and Maqashid al-Sharia. Poverty becomes a problem in human life and affects individual and social lives. This condition has made the United Nations initiate the Sustainable Development Goals (SDGs) program, which among others, aims to alleviate poverty worldwide. As a member country of the United Nations, Indonesia welcomes this initiative by preparing several national poverty alleviation programs, including Program Keluarga Harapan (PKH)/ Conditional Cash Transfer Program. This study used a qualitative research approach with a case study and multi-site design to evaluate this program. Through the study locus in Tulungagung and Trenggalek Regencies, East Java, the results of this study indicate that the PKH program in the two locations is following the objectives of Islamic law, including the protection of religion (hifz al- din), the protection of human soul and body (hifz al-nafs), the protection of wealth (hifz al-mal), the protection of mind (intelligence) (hifz al-'aql), the protection of lineage (hifz al-nasl), and the protection of honor (hifz al-'ird¸). The results of this research hopefully contribute to setting up poverty alleviation-based -government policies through family development programs to pursue Sustainable Development Goals (SDGs) based on the values of Maqashid al-Sharia
Tarjih Maqasidiy for the Placement of Terrorist Convicts in East Java
No full textPrisons have contributed significantly to the deradicalization process and served as a machine for positive changes for terrorist convicts. On the other hand, instead of isolating and making terrorist convicts repent, public prison is ideal for spreading radicalism understanding. Public prisons cannot prevent terrorist convicts from disseminating their extreme views. This research answered the pros and cons of placing terrorist convicts in public prisons or special prisons containing kindness, maslahah, and targets. This empirical research was processed descriptively. Data was collected through field research in Class I Prison in Surabaya and Class II Prison B in Lamongan through a phenomenological approach, interpretive paradigm, and analysis of Tarjih maqasidiy. This study concluded that the placement of terrorist convicts alongside non-terrorist convicts in public prisons caused more substantial damage (mafsadah arjah) than gathering terrorist convicts in one particular prison by taking the lighter one out of two mafsadah, mafsadah of radical doctrine, recruitment networks, and mafsadah of giving a chance for consolidation to terrorist convicts. This research answered the problem of placing terrorism convicts and formulated an efficient, effective, and targeted policy basis for terrorism convicts
The Dialectics of Islamic Law and Customary Law on Marriage Concept of Javanese Muslim in Malaysia
No full textIn Malaysia, customary law, especially marriage, should follow Islamic laws. Customary law should not conflict with Islamic law. On the contrary, the Muslim community of Javanese descent in Malaysia can combine customary and Islamic laws balanced. They maintain Javanese marriage traditions by harmonizing Malay customs and Islamic marriage laws, such as rewang (helping each other), slametan (praying together), tunangan (engagement), ijaban (wedding), and nyumbang (donating). To contribute to previous studies, this article aims to critically examine the debate between customary and Islamic laws regarding the marriage tradition of the Javanese Muslim community in Selangor and Johor, Malaysia. The analysis results show that the debate of customary and Islamic laws concerning the concept of marriage for the Javanese Muslim community in Malaysia encourages negotiations so customs in harmony with Islamic law can be maintained and conflicting traditions can be abandoned. The debate between customary and Islamic laws in the marriages of Javanese Muslim communities in Malaysia is closely related to social, economic, and traditional symbols of carrying out religious teachings, strengthening solidarity, and preserving tradition.
The Settlement Principles and Effectiveness of Divorce by Mediation of Islamic Civil Perspective: A Critical Review of the Supreme Court Regulation
No full textMediation of divorce is expected to be able to suppress the settlement of the case peacefully. In principle, based on the Elucidation of Law Number 1 of 19 74 concerning Marriage, marriage aims to form a happy and eternal family. Therefore, it is urgent to find mediation pillars in resolving divorce cases. To find the idea in response to these problems, there are three approaches: 1) laws and regulations, by examining them that relate to divorce settlement through mediation in religious courts; Supreme Court Regulation Numb. 1 of 2016, Civil Procedure Code. 2) from the view of experts/scholars, the conceptual approach is used to find ideas by building concepts and arguments according to the issues to be examined to find the efficiency in the implementation of mediation. 3) Philosophy, studying literacy related to the theme of the study to capture philosophical content in finding the pillars of mediation in the study of Islamic civil law. The findings in this study are the pillars of mediation whose relevance to divorce disputes should be stated: 1) Essence of Deliberation to reach an agreement. 2) The essence of mutual forgiveness is to end the dispute. 3) The essence of respecting the rights of others, of avoiding the nature of egoism. 4) The essence of justice is giving equal opportunity to speak to each other so that both parties have the same rights. The efficiency of the mediation implementation in the settlement of divorce can be achieved by mediating: 1) Regarding the care and education of children, 2) the cost of living of ex-wife, and 3) guarantee for the maintenance of the joint property after the termination of a marriage
Towards New Sharia Governance for Islamic Financial Institutions
No full textSince its inception a few decades ago, the Islamic banking and finance industry has been regulating itself in terms of Sharia governance. Although some regulatory authorities from within the industry, such as the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Islamic Financial Services Board (IFSB), the Islamic banking and finance industry remains largely self-regulated. This is because none of the resolutions or the regulatory authorities' standards are binding on the Islamic financial institution except when it willingly chooses to bind itself by them. Few countries have enforced some Sharia-governance-related regulations on their Islamic banks. However, in most cases, these regulations do not go beyond the requirement to formulate some Sharia-controlling bodies, which are practically left to the same operating banks. Furthermore, some existing regulatory authorities' standards and resolutions are conflicted with other resolutions issued by Fiqh academies. The paper addresses those issues by highlighting the shortcomings and proposing the necessary reforms to help reach effective Shariah governance that would protect the industry from within and help it achieve its goals. The paper concludes by proposing a Shariah governance model that should overcome the challenges addressed in the study
Indonesian Political Kleptocracy and Oligarchy: A Critical Review from the Perspective of Islamic Law
No full textThis study discusses corruption in the Indonesian political system from Islamic law, particularly regarding the Kleptocracy and political oligarchy. One of the most basic corruption causes comes from an internal personality factor, human character: greed and wasteful. Additionally, some factors also come from human external factors, namely the perpetrators' coercion, because they are tied to a system. Corruption is carried out by individuals and in cooperation/conspiracy between the bureaucracy, corporations, and political parties. Elites called them Kleptocracy and political oligarchy. This research is descriptive qualitative research with an approach based on legal analysis. This research has found several things. First, corruption in the Indonesian political system can be categorized into acts of Ghulul (treachery), Risywah (Gratification/bribery), Khiyanah (Unfaithful), Sariqah (theft), and Hirabah (Grand Theft/ Robbery). Second. From an Islamic perspective, the strategy to eradicate corruption can be carried out by imposing sanctions, including sanctions in the world's dimensions and the hereafter. This research encourages strengthening the socio-religious system, especially among religious leaders, as a preventive and curative form of handling corruption in the political system in Indonesia