Justicia Islamica (Journal)
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Shah Wali Allah al-Dihlawi: Pemikir di Masa Krisis dan Pengaruhnya Terhadap Gerakan Islam di India
No full textThis study aims to analyze the thoughts of Shah Wali Allah al-Dihlawi in the context of the socio-political crisis that plagued India during his time and its influence on the Islamic movement in the region. This study explores the ideas of Islamic reform that he offered, including the reconstruction of fiqh, Sufism, and Islamic political thought. The method used is library research with a descriptive-analytical approach to the works of Shah Wali Allah, such as Hujjatullah al-Baligha, as well as academic research discussing his influence. The results of the research show that Shah Wali Allah attempted to respond to social disintegration through a synthesis between Sunni teachings and Sufism, as well as calling for the reform of Islamic education and government. His thoughts inspired Islamic reform movements in India, including Darul Uloom Deoband and others. This study confirms that his thoughts remain relevant in contemporary Islamic discourse
Wali Nikah dan Kebebasan Perempuan: Studi Komparatif Hukum Keluarga Malaysia, Maroko, Tunisia dan Syiria
No full textThis study aims to compare the concept of guardian and women's freedom in family law in Malaysia, Morocco, Tunisia, and Syria. The method used is normative juridical research with a comparative law approach through the analysis of marriage laws in the four countries. The results show that Malaysia and Syria still maintain the obligation of a guardian for women, with certain limitations in granting permission. Meanwhile, Morocco provides flexibility by allowing adult women to marry without a guardian, while Tunisia completely abolishes the role of the marriage guardian as a condition of marriage. These differences reflect variations in the interpretation of Islamic law and state policies on women's rights in marriage. This study emphasizes that women's freedom to choose a spouse must maintain a balance between the principles of Islamic law and human rights
Pendekatan Sosiologi Dalam Studi Hukum Islam
No full textAbstract
This study aims to analyze the role of sociological approach in Islamic law studies and its implications for the understanding and application of sharia in society. The method used is juridical-sociological research with a descriptive-analytical approach, through literature studies and studies of social phenomena that influence the dynamics of Islamic law. The results show that the sociological approach helps to understand Islamic law not only as a normative norm, but also as a system that develops in social interaction. Factors such as culture, economy, and social change influence the implementation of Islamic law in various contexts. Therefore, the integration of a sociological approach in the study of Islamic law allows for a more comprehensive and responsive analysis of the reality of society, so that Islamic law can be applied in a more relevant and equitable manner
Suksesi Kepemimpinan Perspektif Ibn al-Farra'
No full textThis study aims to examine the concept of leadership succession from the perspective of Ibn al-Farrā', a classical Islamic political scholar. The method used is qualitative with a descriptive-analytical approach, through a literature review of Ibn al-Farrā's main works, especially Al-Aḥkām al-Sulṭāniyyah, as well as other references that discuss his thoughts. The results of the study show that Ibn al-Farrā' emphasized the importance of sharia legitimacy and political stability in the process of leadership succession. He argued that a leader must have competence, fairness, and the support of the community and scholars. This concept accommodates the principle of religious authority and the political realities of his time. This study emphasizes that Ibn al-Farrā's thinking is still relevant in discussions about the contemporary Islamic leadership system, especially in relation to the mechanisms of election and legitimacy of power
Kritik Nalar Ushul Fiqh: Telaah Komentar Ibnu Rushd Atas Ushul Fiqh al-Ghazali
No full textThis study aims to examine Ibn Rushd's criticism of al-Ghazali's usul fiqh reasoning, especially in the aspects of methodology and rationality of Islamic law. Ibn Rushd, as a philosopher and faqih, tried to balance philosophical reasoning and shar'i rules in responding to al-Ghazali's approach, which was considered too theocentric and Sufi. This study uses a qualitative method with a literature study approach, analyzing the main works of both figures such as al-Mustashfa and Bidayat al-Mujtahid. The results show that Ibn Rushd criticized the tendency towards subjectivity in the istihsan and maqashid methods used by al-Ghazali, and emphasized the importance of a rational approach and logical consistency in the istinbath of law. This study shows the intellectual dynamics in classical usul al-fiqh, as well as Ibn Rushd's contribution to strengthening the framework of Islamic legal rationality
Penyelesaian Sengketa Bidang Ekonomi Melalui Arbitrase dan Alternatif Penyelesaian Sengketa (APS)
No full textThis study aims to analyze the application of arbitration and alternative dispute resolution (ADR) in the economic field as an effective and efficient method of dispute resolution. Using a qualitative method with a case study approach, this study examines the practice of arbitration and ADR in resolving economic disputes, both at the national and international levels. The results show that arbitration and ADR can be a faster and more flexible alternative compared to the formal judicial process, but require clear regulations and transparency in their implementation. Another advantage is its ability to reduce the burden on the courts and maintain good relations between the parties in dispute. This study suggests the need for stronger regulations and a broader understanding of arbitration and ADR among economic actors
Legal Protection for Children Without Family Care: A Comparative Study of Oman, UAE, and Morocco
No full textThis study aims to examine how Omani law protects vulnerable children without family care through foster care arrangements. In addition to assessing the effectiveness of this protection, the study also compares Oman's approach with that of Morocco and the United Arab Emirates, as well as the principles of Islamic Sharia law. Using a descriptive and comparative methodology, this article analyzes the legal conditions for foster care duties and monitoring procedures in Oman. It highlights strengths in the existing legal framework, but also reveals shortcomings in implementation and oversight. Learning from stronger practices in Morocco and the UAE and aligning them more closely with Sharia objectives is one of the recommendations. The research found that while the legal framework in Oman has provided a sufficient basis for the care of vulnerable children without families, there are still significant weaknesses in aspects of implementation and oversight mechanisms. Compared to Morocco and the United Arab Emirates, Oman has not fully adopted best practices in terms of monitoring, ensuring children's rights, and community involvement. The findings also indicate a gap between national legal provisions and the shariah's key objectives in protecting children's rights. By evaluating this dimension of the welfare system through contrasting regional examples and religious principles, this research contributes to the development of a new approach to child welfare
Reassessing Tajdid al-Nikah: Maqasid al-Shariah and Legal Status of Illegitimate Children in Central Lombok
No full textThe practice of tajdid al-nikah (renewal of marriage) within the framework of Maqhasid Sharia presents significant issues in Islamic law, particularly concerning legitimizing the lineage (nasab) of children born outside of marriage. In Islamic law, a couple involved in adultery can validate their relationship post-birth of a child through tajdid al-nikah to establish legal paternity. Although this practice aims to fulfill maqasid al-shariah objectives, such as preserving religion and lineage, it introduces various social, ethical, and legal challenges. This study aims to evaluate the social, moral, and legal ramifications of tajdid al-nikah and assess its alignment with the core principles of maqasid al-shariah, namely, the preservation of religion, lineage, intellect, and property. Additionally, it examines local perceptions in Central Lombok regarding tajdid al-nikah and the Islamic understanding of children born outside of marriage. The research employs a combination of literature review, field investigations, document analysis, and interviews with Islamic law experts and local religious leaders, using an analytical descriptive method grounded in Islamic legal principles. The findings reveal the complexities associated with tajdid al-nikah. While the practice supports maqasid al-shariah goals such as preserving lineage and religion, issues such as the ambiguity in confirming legitimate lineage and potential social repercussions highlight the need for further study. This research advocates for continued exploration and discussion on how tajdid al-nikah can be effectively integrated within an Islamic legal framework that respects maqasid al-shariah values, justice, legal certainty, and social welfare
Metode Istinbat Nahdlatul Ulama: Kajian Tentang Bahtsul Masail
No full textThis study aims to examine the legal istinbat method used in the Bahtsul Masail Nahdlatul Ulama (NU) forum. Bahtsul Masail is a legal decision-making mechanism unique to NU, which refers to turats (classical) books and considers the social context. This study uses a qualitative method with a descriptive-analytical approach, based on a study of literature and an analysis of official NU documents related to Bahtsul Masail. The results show that the istinbat method in NU is not only based on classical fiqh texts but also considers the maqashid of sharia and the needs of the ummah. This approach allows for flexibility in responding to contemporary issues without leaving the established corridors of Islamic scholarship. Thus, Bahtsul Masail becomes an important instrument in maintaining the relevance of Islamic law to ever-evolving social dynamics
Jihad Dalam Perspektif Sejarah Pemikiran Islam
No full textThis study aims to examine the concept of jihad in various historical periods of Islamic thought and how its meaning has developed in line with the social and political context of Muslims. The method used is qualitative with a historical-analytical approach, through a literature review of classical and modern sources that discuss jihad. The results show that jihad is not always synonymous with warfare (qital), but has spiritual, social, and intellectual dimensions. In the history of Islamic thought, the concept of jihad has been reinterpreted, from physical struggle against the enemy to efforts to improve oneself and society. This broader interpretation of jihad reflects the dynamic needs of the ummah in various situations. Therefore, the understanding of jihad must be contextual, focusing not only on the military aspect, but also on the contribution to the progress of the ummah and humanity as a whole