Judicial Ijtihad in Religious Courts for Achieving Substantive Justice in Indonesia

Abstract

As a state of law, Indonesia requires the role of judges in the judicial and administrative system. On the other hand, Islam has become an integral part of Indonesian culture and society, even influencing long-established customs. Therefore, it is natural that Islam has an impact on various aspects of Indonesian life, including the legal system and the role of judges in the judiciary. In Islam, the duties of a just judge have been regulated in detail. This research aims to examine the role of judges from an Islamic perspective. Using a literature study method, this research utilizes a normative legal research approach or also known as dogmatic legal research, which is conducted through a literature review of primary legal materials, such as laws, conventions, or other legal documents, as well as research results and other relevant references. The results of this research show that the philosophy of Islamic law emphasizes justice as the main principle that must be realized in the applicable legislation. Based on the study of the philosophy of Islamic law, the role of judges in carrying out judicial functions and authority is to apply the concept of justice developed by al-Syatibi in maqashid al-syari'ah, namely to determine the law based on mashlahat through their decisions. In addition, the application of ijtihad techniques in the formation of Islamic law plays an important role in ensuring the realization of justice, especially in addressing contemporary issues related to the application of ijtihad law by judges in the judiciary.