Justicia Islamica (Journal)
Not a member yet
356 research outputs found
Sort by
Keberanjakan Hukum Waris Islam: Studi Perundangan Hukum Waris Negara Turki dan Somalia
No full textKeberanjakan Hukum Waris Islam: Studi Perundangan Hukum Waris Negara Turki dan Somalia
Abstract
This study aims to analyze the shift of Islamic inheritance law in the context of national legislation with a focus on the inheritance legal system in Turkey and Somalia. This study explores how the two countries implement and adapt Islamic inheritance principles in their respective legal systems, as well as the factors that influence these changes. The method used is library research with a descriptive-comparative approach. The research sources include Islamic law literature, national legislation, and related academic studies. The results showed that Turkey adopted a civil law-based inheritance legal system with significant secularization, while Somalia still maintained elements of Islamic inheritance law in its legislation. Historical, political, and social factors were the main determinants in the differences in the implementation of inheritance law in the two countries. This study provides insights into the dynamics of Islamic law adaptation in the context of a modern state
Menakar Tafsir Sufistik
No full textThis study aims to analyze the Sufi interpretation approach in understanding the Qur'an and its implications for Islamic discourse. This study explores the main characteristics of Sufi interpretation, its method of interpretation, and its relevance in the context of Islamic spirituality. The research method used is library research with a descriptive-analytical approach. The main sources of this research include classical and modern works of Sufi interpretation, as well as related academic studies. The results of the study show that Sufi interpretation emphasizes the inner (esoteric) meaning of the Qur'an through a symbolic approach and mystical experience. This approach provides spiritual depth for seekers of meaning, but also faces criticism regarding subjectivity and methodological limitations. This study emphasizes that Sufi interpretation remains relevant in enriching the understanding of Islam, especially in the aspects of Sufism and spiritual ethics
Penyelesaian Sengketa Alternatif Dalam Perselisihan Perdata: Suatu Rekomendasi Pembaharuan Hukum Formal Yang Responsif
No full textThis study aims to explore the effectiveness of alternative dispute resolution (ADR) in handling civil disputes and formulating recommendations for formal legal reform that is more responsive to the needs of the community. The research method used is normative juridical with a legislative approach and conceptual analysis. Data was obtained through a literature study that included legislation, court decisions, and related literature. The results of the study show that ADR mechanisms, such as mediation and arbitration, have great potential to resolve disputes more quickly, efficiently, and fairly than litigation. However, limitations in regulation and implementation are still obstacles. Therefore, more adaptive formal legal reforms are needed, including enhancing the role of judges in promoting ADR and harmonizing procedural rules to strengthen its effectiveness in the Indonesian legal system
Konsep Hak Milik Menurut Islam, Kapitalis dan Sosialis: Sebuah Komparasi
No full textThis study aims to compare the concept of property rights in the perspectives of Islam, capitalism, and socialism in order to understand the fundamental differences and their implications in the economic and legal systems. The method used is normative juridical research with a comparative law approach. Data were obtained through a literature study that included religious literature, economic theory, and related regulations. The results showed that in Islam, property rights are individual but limited by social interests and justice. Capitalism emphasizes private ownership without significant restrictions, while socialism emphasizes collective ownership for the sake of social equality. This comparison reveals that the Islamic system offers a balance between individual ownership and the public interest, in contrast to the extreme approaches of capitalism and socialism. Therefore, the concept of property rights in Islam has the potential to become a fairer alternative model for resource management
Hikmah Dalam Perspektif Pembinaan Hukum Islam
No full textThis study aims to examine the concept of wisdom in Islamic law and its implications for the formulation of fair and contextual law. The method used is normative juridical research with a conceptual approach and analysis of the main sources of Islamic law, such as the Qur'an, Hadith, and the thoughts of scholars. The results of the study show that the wisdom of Islamic law does not only refer to discretion, but also to the purpose of the law (maqāṣid al-sharī'ah) which emphasizes the interests of the community. The principle of wisdom plays a role in the flexibility of Islamic law so that it can be applied in accordance with the times without losing the essence of sharia. Therefore, in the development of Islamic law, an approach is needed that balances normative texts and social needs in order to create a more responsive and equitable legal system
Reinterpretasi Konsep Nushuz: Falsifikasi Konsep Kebolehan Suami Memukul Istri
No full textThis study aims to reexamine the concept of nushuz in Islam and criticize the view that allows husbands to beat their wives as a form of discipline. This study uses a qualitative method with a hermeneutic approach and discourse analysis of verses from the Qur'an, hadiths, and classical and contemporary tafsir. The results showed that the concept of nushuz does not always mean wife's defiance, but reflects the dynamics of husband-wife relations which must be resolved with the principles of justice and compassion. The interpretation that allows beatings is more influenced by patriarchal culture than by universal Islamic values. This reinterpretative approach emphasizes that Islam encourages the resolution of domestic conflicts through deliberation and a non-violent approach. Thus, the concept of nushuz needs to be understood in the context of gender justice that is more humanistic and in accordance with the values of maqashid sharia
Kontekstualisasi Hukum Islam: Telaah atas Pemikiran Hukum KH. MA Sahal Mahfudz
No full textThis study aims to analyze the Islamic legal thought of KH. MA Sahal Mahfudz in the context of Islamic legal reform relevant to social development. KH. MA Sahal Mahfudz is known for his approach of balancing text (nash) and context in applying Islamic law. This study uses a qualitative method with a literature study approach, examining his works and thoughts, especially related to social fiqh. The results of the study show that KH. MA Sahal Mahfudz's thinking emphasizes the importance of contextualizing Islamic law so that it remains relevant to changing times without losing its shar'i values. Through the maqashid sharia approach and the contextual ijtihad method, he offers a formulation of Islamic law that is more responsive to social realities. His thoughts contribute to the development of dynamic fiqh, especially in social issues and Islamic legal policy in Indonesia
Penerapan Hukum Islam di Indonesia
No full textThis study aims to analyze the application of Islamic law in Indonesia in the context of a pluralistic national legal system. As a Muslim-majority country, various aspects of Islamic law have been accommodated in legislation, especially in the fields of family law, Islamic banking, and zakat. This study uses a qualitative method with a literature study approach, examining Islamic legal regulations, fatwas, and their implementation in the Indonesian legal system. The results showed that the implementation of Islamic law in Indonesia is progressing gradually through legal-formal policies, such as the Islamic Law Compilation (KHI) and the Sharia Banking Law. However, challenges remain, especially in the aspect of harmonization with national law and the principle of diversity. This study emphasizes that the implementation of Islamic law in Indonesia must consider contextual aspects in order to remain in harmony with the values of justice and diversity in society
Menimbang Khazanah Tafsir Fiqhi
No full textThis study aims to examine the treasure trove of fiqh interpretation as an important contribution to the development of Islamic fiqh. Using a qualitative method and a historical-critical approach, this study traces the development of fiqh interpretation through classical to contemporary texts, as well as its role in bridging the understanding of religious texts with the practice of Islamic law. The results of the study show that fiqhi interpretation provides a more contextual framework for the verses relating to fiqh, and enriches the Islamic intellectual tradition in providing legal solutions to contemporary issues. This study emphasizes the importance of fiqhi interpretation in shaping legal foundations that are adaptive and relevant in the midst of changing times
Industri Keuangan Syari'ah Dalam Perspektif Manajemen Sumber Daya Insani
No full textThis study aims to analyze the Islamic finance industry from the perspective of human resource management, specifically related to the management of human resources in improving the operational effectiveness and performance of Islamic financial institutions. The method used is qualitative with a case study approach to several Islamic financial institutions in Indonesia. The results show that good human resource management, including recruitment, training, and employee development based on sharia principles, greatly affects service quality and customer satisfaction. In addition, challenges in managing SDI related to a deep understanding of sharia and a lack of competence in the managerial field are major obstacles in the development of this industry. This study recommends the need to increase the capacity of SDI in the sharia finance sector to create synergy between sharia principles and organizational goals