Justicia Islamica (Journal)
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356 research outputs found
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Artificial Intelligence in Indonesia’s Financial Sector: Regulatory and Islamic Law Perspectives
No full textThe Indonesian financial sector still faces fundamental challenges in the form of low investor participation, technological limitations, cyber risks, and regulatory uncertainty that affect banking and Islamic finance. This study positions Artificial Intelligence (AI) as a transformational solution to improve efficiency, mitigate risk, and protect consumers. The method employed is prescriptive legal research on regulations, including the Electronic Information and Transactions Law, the Personal Data Protection Law, and OJK Guidelines, which are analysed within the framework of Islamic law and legal effectiveness theory. The findings indicate that the application of AI has the potential to enhance risk assessment, fraud detection, portfolio optimisation, and market forecasting when supported by a robust legal framework. This study confirms that compliance with maqāṣid al-shariah, particularly ḥifẓ al-māl, justice, and amanah, will ensure that AI is used ethically to achieve transparency and data protection. Therefore, it is necessary to formulate an AI bill, strengthen the role of the OJK, and prepare a special fatwa from Islamic authorities to ensure the responsible implementation of AI in Indonesia's financial sector
Pemetaan Sistem Hukum Kesultanan Kutai Kertanegara
No full textThis study aims to map the legal system of the Kutai Kertanegara Sultanate and understand the legal characteristics that developed in the kingdom. This study explores the sources of law, the structure of the judiciary, and the interaction between customary, Islamic, and colonial law in the legal system of the Kutai Kertanegara Sultanate. The research methods used were library research and historical analysis with a descriptive-analytical approach. The main sources of this research include legal manuscripts, historical records, and previous research related to the law of the Kutai Sultanate. The results showed that the legal system of the Kutai Kertanegara Sultanate was a combination of Dayak-Malay customary law, Islamic sharia, and the influence of Dutch colonial law. This synergy created a dynamic legal system that was adaptive to the changing times. This study contributes to the understanding of the history of Indonesian law and its relevance in the context of customary law and contemporary Islamic law
Kharaj dan Agraria: Studi Komparasi Sistem Kharaj Masa Awal lslam dan Agraria di Indonesia
No full textThis study aims to compare the kharaj system in early Islamic times with the agrarian system in Indonesia to understand the similarities and differences in land management and agricultural taxes. The method used is juridical-historical research with a comparative approach through a literature study of classical Islamic sources and agrarian regulations in Indonesia. The results of the study show that kharaj is a land tax system applied in early Islamic rule to regulate land ownership and utilization, while the Indonesian agrarian system is based on the concept of customary rights and modern regulations such as the Basic Agrarian Law (UUPA). Although it has the principle of fairness in land distribution, the kharaj system is more oriented towards state revenue, while Indonesian agrarian law emphasizes the welfare of the people. This study recommends integrating the principle of kharaj justice into modern agrarian policy
Tinjauan Normatif Ekonomi Islam Terhadap Perjanjian Leasing
No full textThis study aims to examine leasing agreements from an Islamic economic perspective based on sharia principles. The method used is qualitative with a normative juridical approach, through a literature analysis of Islamic law, fatwas from scholars, and regulations related to leasing in the Islamic economic system. The results of the study show that leasing (ijarah muntahiyah bit tamlik) is justified in Islam if it fulfills the principles of justice, transparency, and does not contain elements of usury, gharar, and dzalim. In practice, some forms of conventional leasing still contain elements that contradict sharia, such as interest and unclear contracts. Therefore, a sharia-based leasing model is needed that is more in line with sharia maqashid to create a fair and sustainable economic system
Preferensi Konsumsi Dalam Islam: Telaah atas Konsep Maslahah pada Perilaku Konsumsi
No full textThis study aims to analyze consumption preferences in Islam by examining the concept of maslahah (public interest) as a normative basis for consumption behavior. Using a qualitative method through a literature study approach, this study examines classical and contemporary Islamic economic literature, as well as the principles of Islamic maqashid (objectives of Islamic law) related to consumptive behavior. The results show that consumption in Islam is not only based on personal satisfaction, but must also consider individual and collective benefits (maslahah), as well as the values of justice, balance, and sustainability. The concept of maslahah limits excessive consumption and encourages an ethical and responsible consumption orientation. This study emphasizes that consumption preferences in Islam are holistic, combining spiritual, social, and economic aspects for the realization of equitable welfare
Perlindungan Terhadap Aktivitas Perempuan di Bidang Politik dan Tenaga Kerja
No full textThis study aims to analyze the protection of women's activities in politics and labor in the context of law and policy in Indonesia. Using a qualitative method with a juridical-sociological approach, this study examines regulations that guarantee gender equality and the structural obstacles faced by women. The results show that despite various regulations such as Law Number 7 of 1984 concerning the Ratification of the CEDAW Convention and the Manpower Act, their implementation is still not optimal. Women still face discrimination, limited access, and gender stereotypes in both politics and the job market. This study emphasizes the importance of consistent law enforcement, gender education, and policy reform to create a fair and equal space for women's participation
Status Kewarisan Anak di Luar Nikah: Telaah atas Pemikiran Syi'ah Imamiyyah
No full textThis study aims to examine the inheritance status of children born out of wedlock from the perspective of Imamiyyah Shi'ite thought. Using a qualitative method and a normative-theological approach, this study examines Shi'ite fiqh literature and compares it with the views of the Sunni school. The results show that the Imami Shi'ites provide greater opportunities for children born out of wedlock to obtain certain rights, including inheritance from the mother, but not from the father, unless there is recognition. This approach is based on the principle of justice and protection of the rights of children as individuals. This study shows significant differences in the interpretation of inheritance law between Islamic schools of thought, as well as the importance of a contextual approach in addressing modern family issues
Fikih Reproduksi Perempuan: Tinjauan Terhadap Aborsi dan Pernikahan Dini
No full textThis study aims to examine Islamic fiqh views on abortion and early marriage as issues in women's reproduction. Using a qualitative method with a normative-analytical approach, this study analyzes various opinions in classical and contemporary fiqh on abortion and early marriage. The results showed that in fiqh, abortion is generally considered haram, except in certain conditions that endanger the mother's life, while early marriage is viewed from various perspectives, depending on the social and cultural context. However, there is a consensus among scholars regarding the importance of protecting women's health and rights. This study concluded that women's reproductive fiqh needs to be understood in a modern context, with attention to aspects of health, women's rights, and the principle of justice in Islam
Islam dan Feminisme: Telaah Atas Teologi Feminisme
No full textThis study aims to analyze the relationship between Islam and feminism through an examination of feminist theology. This study explores how the principles of feminism are interpreted in Islamic discourse and the extent to which the concept of gender justice can be harmonized with Islamic teachings. The method used is library research with a descriptive-analytical approach, which examines various Islamic and feminist literature, both from the perspective of Muslim academics and feminist thinkers. The results show that there are differences of opinion in understanding feminism in Islam, with some seeing it as an attempt to reconstruct equality-based theology, while others consider it to be contrary to Islamic teachings. This study emphasizes that the dialogue between Islam and feminism can open up space for reinterpretation of religious texts while maintaining Islamic values. This study contributes to enriching the discourse on gender justice from an Islamic perspective
Pemikiran Fiqh al-Shafi'i: Telaah Atas Transformasi Qaul Qadim dan Qaul jadid
No full textThis study aims to analyze the fiqh thought of Imam al-Shafi'i with a focus on the transformation between the Qaul Qadim (old opinion) and the Qaul Jadid (new opinion). This study explores the factors behind the change in Imam al-Shafi'i's views and their implications for the development of ushul fiqh. The method used is library research with a descriptive-analytical approach. The main sources of research include the works of Imam al-Shafi'i, such as Al-Risalah and Al-Umm, as well as academic studies that discuss changes in his legal methodology. The results of the study show that the transition from Qaul Qadim to Qaul Jadid was due to geographical factors, intellectual experience, and interaction with other schools of thought. This transformation reflects the flexibility of fiqh in responding to different contexts. This study emphasizes that al-Shafi'i's thinking remains relevant in the development of contextual Islamic law