Justicia Islamica (Journal)
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Diskriminasi Gender dan Agenda Islam Untuk Penegakan Martabat Perempuan
No full textThis study aims to analyze the phenomenon of gender discrimination and explore the Islamic agenda in upholding the dignity of women. The method used is juridical-normative research with a descriptive-analytical approach, through a study of Islamic texts, legal regulations, and social realities related to gender issues. The results show that gender discrimination still occurs in various aspects of life, including education, employment, and legal rights. Islam as a holistic value system has actually emphasized equality and respect for women, but its implementation is often influenced by cultural factors and biased interpretations. Therefore, a more contextual reinterpretation of Islamic law and policies that support gender justice are needed. This study affirms that Islam has strong principles in upholding women's dignity through social justice and the protection of their rights
Mewujudkan Cita Hukum Yang Efektif: Suatu Pandangan Teoritis
No full textThis study aims to analyze the concept of an effective legal ideal from the perspective of legal theory. The legal ideal is a normative foundation in the formation and application of law that reflects the values of justice, certainty, and expediency. This study uses a qualitative method with a literature review approach, examining various legal theories and their relevance in building a responsive and effective legal system. The results show that the effectiveness of the legal ideal is influenced by normative and institutional factors, as well as public legal awareness. An ideal law must not only be written in regulations, but must also be applied fairly and in accordance with social needs. This study emphasizes that realizing an effective legal ideal requires a balance between clear regulations, strong law enforcement, and active community participation in the legal system
Hukum Islam dan Hak Asasi Manusia
No full textThis study aims to examine the relationship between Islamic law and human rights (HAM), as well as how sharia principles can contribute to the protection and promotion of human rights in modern society. This study uses a qualitative method with a literature study approach, examining the main sources of Islamic law such as the Qur'an, Hadith, and international documents on human rights. The results of the study show that Islamic law basically supports human rights values, such as the right to life, freedom of religion, justice, and equality before the law. However, there are challenges in the interpretation and implementation of these norms in several social and political contexts. This study emphasizes the importance of the maqashid sharia approach and the contextualization of Islamic law so that the universal values of human rights can be in harmony with the principles of sharia in a substantive and applicative manner
Membincang Kembali Praktik Poligami di Indonesia: Telaah Sosiologi Hukum
No full textThis study aims to review the practice of polygamy in Indonesia through a sociological legal approach, by highlighting the dynamics between legal norms, social values, and the reality of practice in society. This study uses qualitative methods through literature studies and secondary data analysis, including statutory regulations and polygamous practices in a social context. The results show that although polygamy is strictly regulated in Marriage Law No. 1 of 1974, the practice still takes place with various social, cultural, and religious justifications. There is tension between restrictive positive law and permissive religious interpretation. From the perspective of the sociology of law, polygamy reflects the clash between formal legal norms and social norms of society. This study emphasizes the importance of a critical and holistic approach in formulating policies related to the practice of polygamy in Indonesia
Cuci Kampung as a Mechanism of Restorative Justice: Integrating Customary Law and Islamic Principles in the Rejang Lebong, Indonesia
No full textThis study examines the Cuci Kampung tradition among the Rejang community in Rejang Lebong as a form of religious and cultural law enforcement rooted in local wisdom. The primary focus is on how this tradition functions as a restorative, educational, and spiritual mechanism for resolving customary violations through the Jenang Kutei Customary Court. A normative-empirical method was employed, which combines document studies, field observations, and interviews with customary and religious leaders to analyse the interaction between Islamic and customary norms within a plural legal system. The findings reveal that Cuci Kampung and Jenang Kutei serve as a form of living law that integrates customary and Islamic values, such as justice, repentance, and social responsibility. The implementation of John Griffiths’ theory of legal pluralism clarifies how religious-cultural practices strengthen community-based justice systems. This research contributes to reinforcing models of restorative justice, which is grounded in local culture and provides a reference for integrating customary law into the formal legal system, as well as preserving local traditions as part of the development of national law
Konsep Politik Kenegaraan Dalam Islam: Studi Analisis Tentang Pemikiran Politik al-Ghazali
No full textThis study aims to analyze the concept of state politics in Islam based on the thought of al-Ghazali. The method used is qualitative with a descriptive-analytical approach, through a literature review of al-Ghazali's main works, especially Al-Tibr al-Masbuk and Ihya' Ulum al-Din, as well as other references that discuss his thoughts. The results of the study show that al-Ghazali views politics as an instrument for upholding justice and maintaining social order within the framework of sharia. He emphasizes the importance of a close relationship between religion and the state, where the leader must have moral legitimacy and be responsible for the welfare of the people. This study confirms that al-Ghazali's political thought remains relevant in the discourse of contemporary Islamic politics, especially in the context of leadership based on Islamic ethics and values
Menyuntik Ushul Fiqh Dengan Filsafat
No full textThis study aims to explore the integration of philosophy in ushul fiqh to enrich the methodological approach in understanding Islamic law. The philosophical approach is expected to provide a more rational and contextual perspective on the concepts in ushul fiqh. The method used is a literature study by analyzing classical and contemporary sources related to ushul fiqh and philosophy. The analysis was carried out descriptively and critically to identify the relevance of philosophical thought in the study of ushul fiqh. The results showed that a philosophical approach can deepen the understanding of the concepts of qiyas, maqashid shariah, and istihsan, as well as increase flexibility in the application of Islamic law in the modern era. This integration opens up space for a more adaptive renewal of Islamic law without losing its normative essence. Thus, philosophy can be an important instrument in developing a more dynamic and contextual ushul fiqh
Kontribusi Ibn Hazm Terhadap Pembaharuan Hukum Islam: Upaya Pemurnian Hukum Islam dari Dominasi Ra'y
No full textThis study aims to analyze Ibn Hazm's contribution to the renewal of Islamic law, especially in his efforts to purify Islamic law from the domination of ra'y (rational opinion). As the main figure of the Zahiri school of thought, Ibn Hazm rejected the use of qiyas, istihsan, and taqlid, and emphasized a literal understanding of the law based on the text of the Qur'an and Hadith. This study uses a qualitative method with a literature study approach, analyzing Ibn Hazm's works such as Al-Muhalla and Ihkam fi Ushul al-Ahkam. The results show that Ibn Hazm contributed to offering a more textualist approach to Islamic law, which rejects subjectivity in ijtihad. Although his approach is often criticized for being rigid, his thoughts continue to have an influence in the discourse of modern Islamic law, especially in the effort to maintain the purity of shar'i arguments
Bisnis Sekuritas Perspektif Ekonomi Islam
No full textThis study aims to analyze the securities business from an Islamic economic perspective, especially related to sharia principles in investment and securities trading activities. In Islamic economics, financial transactions must be free from the elements of usury, uncertainty, and luck. This study uses a qualitative method with a literature study approach, reviewing literature related to the capital market, DSN-MUI fatwas, and Islamic economic theory. The results showed that the securities business is acceptable in Islam as long as it complies with sharia principles, such as through sharia stocks, sukuk, and sharia mutual funds. However, there are still challenges in the implementation of sharia securities business, especially in ensuring transparency and sharia compliance in the capital market. This study emphasizes the importance of regulation and supervision to ensure that the securities business runs according to the principles of Islamic economics, so that it can become a halal and ethical investment instrument
Kawin Paksa Perspektif Sosiologis dan Psikologis
No full textThis study aims to analyze the practice of forced marriage from sociological and psychological perspectives, as well as its impact on individuals and society. Using qualitative methods and a literature review approach as well as supporting empirical data, this study examines the socio-cultural factors that perpetuate forced marriage, such as the pressure of tradition, patriarchy, and community norms. Psychologically, this study reveals the negative impact of forced marriage on the mental health of victims, such as trauma, depression, and a decline in quality of life. The results of the study show that forced marriage not only violates the individual's right to freedom of choice of partner, but also causes long-term damage to the social and emotional development of the victim. This study emphasizes the importance of a multidisciplinary approach in dealing with the issue of forced marriage, as well as the need for stronger education, regulation, and legal protection