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Istinbath: Jurnal Penelitian Hukum Islam
Published by Institut Agama Islam Darussalam Ciamis
ISSN : 19078064     EISSN : 28077520     DOI : https://doi.org/10.36667/istinbath
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Penelitian Hukum Islam Istinbath adalah jurnal ilmiah yang diterbitkan oleh Fakultas Syariah, Institut Agama Islam Darussalam (IAID) Ciamis Jawa Barat. Artikel-artikel ilmiah yang dimuat di jurnal ini adalah artikel hasil kajian pemikiran dan penelitian hukum Islam.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 51 Documents
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SEBAB-SEBAB CERAI GUGAT DI PENGADILAN AGAMA CIAMIS TAHUN 2017 Yahya Yahya; Ahmad Nabil Atoillah; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 1 (2019): Istinbath, Mei 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

Divorce is the last solution that can be taken by a husband and wife in ending a marriage bond after holding peace or mediation to the maximum can be done at the wishes of the husband or the wife's request. Divorce made at the request of the wife is called a divorce. The purpose of divorce is the request of the wife to her husband to divorce (release) her from a marriage bond accompanied by iwadh in the form of money or goods to the husband in return for the imposition of divorce divorce. The imposition of divorce is as giving equal rights for women to break away from marital ties which are considered to have no benefit, and realize that wives also have the same rights to end marriages. This means that in certain situations a wife who is very tormented due to her husband has the right to sue for divorce with iwadh. In domestic life, even though at first husband and wife are full of affection as if it will not fade, it can even disappear with hatred. If hatred has come and husband and wife do not sincerely seek a way out and restore their love, it will negatively affect their offspring. Therefore, efforts to restore love are something that needs to be done. It is true that love is turned into hatred, but it also needs to be remembered that hatred can then return to love. The case of divorce in the Ciamis Religious Court in 2017 is very high according to information from the court
ANALISIS TERHADAP PENETAPAN PENGADILAN AGAMA KOTA BANJAR TENTANG DISPENSASI NIKAH Rudi Rudi; Helmi Maulana
Istinbath | Jurnal Penelitian Hukum Islam Vol 12 No 1 (2017): Istinbath, Mei 2017
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

Dalam pernikahan usia muda dimana kedewasaan fisik dan rohani masih labil atau kurang, sering timbul goncangan-goncangan dalam kehidupan berumah tangga, ini disebabkan karena kurangnya kesiapan mental dan masih belum masak jiwa raganya untuk membina rumah tangga sehingga tidak jarang terjadi pertengkaran, kesalahpahaman atau selisih pendapat antara keduanya tidak jarang berujung pada perceraian. Memang secara umum tidak ada seorang pun yang menginginkan pernikahannya berakhir dengan suatu perceraian, namun demikian sering kali lingkungan yang berbeda, serta perbedaan-perbedaan yang sifatnya pribadi mengakibatkan perkawinan tidak bisa dipertahankan lagi keutuhannya. Itulah sebabnya penetapan Peradilan Agama tentang dispensasi pernikahan menjadi amat penting.
POLIGAMI LIAR MENURUT UNDANG-UNDANG NO. 1 TAHUN 1974 Rudi Rudi; Septi Pratiwi Suci
Istinbath | Jurnal Penelitian Hukum Islam Vol 13 No 1 (2018): Istinbath, Mei 2018
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

One of the principles of marriage according to Law no. 1 year 1974 is a monogamous marriage. But the principle of monogamy is not absolute. One of the conditions for a husband who wants to marry more than one is to be fair and get the approval of the first wife and apply to the Religious Courts. But the realization is still a lot of irregularities that occur in the community about polygamy. Many of the people who do illegal polygamy without the permission of the Religious Courts for various reasons. The impact of polygamy is also felt by the first wife that her rights become neglected because of the second wife. Polygamy procedures and rights and obligations of husbands who are polygamy or have more than one wife are regulated in detail in Law no. 1 of 1974 on Marriage and Compilation of Islamic Law (KHI), the two laws are a positive law in force in Indonesia.
Tinjauan Filosofis tentang Epistemologi Usul Fikih Berbasis Metode Jama’i Hasan Bisri
Istinbath | Jurnal Penelitian Hukum Islam Vol 15 No 2 (2020): Istinbath, November 2020
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v15i2.23

Abstract

This article attempts to offer the jama’i method as one of the epistemologies of ushul fiqh. The offer is based on the idea that the fiqh proposal philosophically contains various views, at least from an epistemological point of view. The epistemology that develops in the intellectual journey of Muslims is not as simple as people imagine. In recent developments, it seems that the epistemology of the fiqh proposal has received little attention or even wants to be dumped on the grounds of fear of the destruction of the fiqh proposal itself; at least, it still gets a reasonably enthusiastic response from fiqh experts. Thus, it becomes very natural when the reviewers of fiqh proposals in various Islamic universities are required to constantly innovate and explore the idea of fiqh proposals as Islamic logic. In this article, the author offers Jamaican epistemology.
Wanita Pencari Nafkah dalam Pandangan Ulama Pedesaan Ila Nurmila; Zaki Abdul Wahab; Miftah Farid
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.277

Abstract

Marriage is an important worship. Even marriage is a part of perfection in religion. This procession is a sacred thing. Everyone who does marriage must meet the pillars and marital requirements, which leads to the rights and obligations of both. The duty of a husband, as well as a wife varies according to his ability. The legal consequences of a legal marriage include: arising rights between husband and wife, husband becoming head of household and wife becoming housewife. Also arise the obligation of the husband to finance and educate the children and his wife, and seek a place to live with the obligation of the husband with regard to the necessities of life not only provide a living alone. the obligation of the husband also provides shelter, household expenses such as electricity, water and other needs, to the cost of care for the wife and children if they are sick.
PENGARUH PERTUMBUHAN MODAL SENDIRI DAN LABA TERHADAP RASIO RISK BASED CAPITAL DI PT ASURANSI TAKAFUL KELUARGA INDONESIA Irawati Irawati
Istinbath | Jurnal Penelitian Hukum Islam Vol 12 No 2 (2017): Istinbath, November 2017
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

This study based on the performance of PT. Asuransi Takaful Keluarga Indonesia, to measure the performance of the company can be obtained from the financial information contained in the financial statements, in those statements contained ratios one of them is the ratio Risk based capital. The factors that are thought to affect the Risk based capital ratio is the own capital growth and profit growth. The company must increase its own capital and profit growth, but the increase in equity and profit are not always able to increase the Risk based capital ratio. The purpose of this study was to determine how much influence the growth of their own capital as variable X₁ and profit as variable X₂ on the Risk based capital ratio (Y) partially and simultaneously. Framework in this study is the Growth of own capital, Growth of profit and Risk based capital ratios. The insurance companies try to increase their own capital but carelessness in the capital increase it self can increase the volume of claims and erode existing capital so as to reduce the Risk based capital ratio. Another factor is profit growth, profit growth is a reflection of the success of a company, but earnings growth does not guarantee could increase its Risk based capital because usually the company also increased its operations so as to reduce the Risk based capital. This research method is quantitative method with the source data is secondary data obtained from official web Takaful Keluarga (www.takaful.co.id), the official web of Otoritas Jasa Keuangan (www.ojk.go.id), Bapepam official website (www.bapepam.go.id) and the terms of its goal, this study includes research into explanatory (explanatory research). Based on the results of research conducted by partial, own capital growth did not significantly affect the Risk based capital ratio , because the value of t test (-0.642) < t table (2.306), the relationship profit growth against a Risk based capital ratio partially also not significant effect because the results t calculate the profit growth in the Risk based capital ratio is -2.714, then t ( -2.714 ) < t table ( 2.306 ) and the simultaneous growth equity capital, profit return on Risk based capital ratio does not significantly effect because it is based on the analysis of F count ( 3.285 ) < 4:459 (F-tabel)
Hukum Hibah ‘Umra menurut Imam Malik dan Kitab Undang-Undang Hukum Perdata Pasal 1666 Ipah Saripah; Ila Nurmila
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.480

Abstract

In the Shari'at Islam has taught its people to help each other in terms of virtue. The attitude of giving is a good deed, because helping can alleviate the economic pain of that person or another. With an attitude of giving or receiving someone's gift, a sense of unity and brotherhood will be created within the framework of religious harmony. This is manifested by the practice of a gift that helps someone who is in distress and gets the benefits of the item that has been donated. In this case the grant is ownership of the goods that have been granted (control of the goods) and can take advantage of the goods. The problem is whether or not it is permissible to withdraw an 'umra grant that has been given to someone, so that it will cause enmity and break the ties between them. Then how is the 'umra grant law' according to the Ulama, Imam Malik, and in the Civil Code Article 1666. It is used as a study by the author to carry out research and find out the purpose of the research. This study uses qualitative methods that produce descriptive data in the form of written or spoken words from people or observed behavior and this type of qualitative descriptive research uses a content analysis approach. The results of this research can be concluded as follows: general understanding of 'umra' that the return of 'umra after the person who is given dies is vanity. Therefore, with regard to the issue of 'umra, there will be permanent ownership for the person who is given' umra. Imam Malik is of the opinion that the 'umra grant is still valid, and the property returns to the owner of the property, but if the requirements are stated in the name of the offspring, then after the offspring is cut off the property will return to the owner of the property. The opinion of Imam Malik regarding the ability to do the'umra grant is based on the aspect of its benefits only and is qiyasyed like ariyah. And the most important thing in this case is the element of the benefits of the gift items and the first contract at the time of handing over the grant whether to mention for you and your children and grandchildren not What is needed is a witness so as not to cause fraud, to minimize any suspicions and disputes in the future. Based on Article 1666, in principle, a grant given by one person to another cannot be withdrawn or canceled, except in cases as regulated in Article 1688 of the Civil Law..
DISPENSASI NIKAH DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 DAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 Reni Nuraeni; Mustopa Kamal; Ila Nurmila
Istinbath | Jurnal Penelitian Hukum Islam Vol 13 No 2 (2018): Istinbath, November 2018
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

In Law No. 1 of 1974 concerning Marriage, there is a regulation regarding the age of marriage, namely Article 7 Paragraph 1 which states that marriage is permitted if the man has reached the age of 19 years and the woman is 16 years. However, in other articles there are exceptions, namely being allowed to marry under the stipulated age provided there is parental consent and dispensation from the court as stipulated in article 7 Paragraph 2. However, on the other hand, Law No. 35 of 2014 concerning Child Protection provides regulations by requiring parents to prevent marriage at the age of children as stated in Article 26 Paragraph 1 letter c. Every child who is not yet 18 years old must receive protection for their rights and welfare. Therefore, dispensation in a marriage is a phenomenon that must receive serious attention, because this will have an impact on the achievement of the goal of marriage, namely the realization of the sakinah mawaddah warahmah family. This study uses a descriptive analysis method with a normative juridical approach, namely a statute approach, with a research starting point for analysis of statutory regulations. While the data collection technique used is library research (library research) by utilizing various libraries that are relevant to the social phenomena under study. This research resulted in the following conclusions: 1) Marriage dispensation in Law No.1 of 1974 concerning Marriage is contained in Article 7 Paragraph 2, namely in case of deviations from paragraph 1 of this article, dispensation may be requested from the Court or other official appointed by the two parents; 2) One of the child protections in Law no. 35/2014 concerning Child Protection as stated in Article 26 Paragraph 1 letter c, namely that parents are obliged and responsible to prevent marriage at the age of children with the aim of realizing children's welfare through child protection; 3) The two regulations are contradictory, even though the two laws were made by the same legal entity, namely the DPR. This means that there must be a synchronization of the regulations of the two regulations that apply in Indonesia, considering that children are an important and main asset for the survival of life.
Fikih, Filsafat, dan Teologi: Kajian Terhadap Pemikiran Abul Husain al-Bashri al-Mu'tazili Ahmad Nabil Atoillah; Rudi Rudi
Istinbath | Jurnal Penelitian Hukum Islam Vol 12 No 1 (2017): Istinbath, Mei 2017
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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Abstract

Artikel ini mengkaji pemikiran Abul Husain al-Bashri al-Mu'tazili. Kajian dalam artikel ini menemukan bahwa Mu'tazilah dalam bidang teori ushul dan nalar fikih tetap berpegang pada dua prinsip dasar sebagaimana jumhur ulama, yaitu antara dalil akal dan dalil wahyu, keduanya saling menunjang dan tidak akan terjadi kontradiksi antara keduanya. Abul Husain al-Bashri mencoba melakukan sebuah pembaharuan dalam teori ushul agar tidak lagi tercampuri atau tumpang-tindih dengan teori teologi. Abul Husain al-Bashri dalam merumuskan teori ushul menjadikan dirinya sebagai ulama moderat yang hampir mencitrakan seorang pemikir Ahlussunnah.
Pernikahan Usia Dini dan Dampak Perceraian di Pedesaan Yelia Ahya Robby; Ela Siti Fauziah
Istinbath | Jurnal Penelitian Hukum Islam Vol 16 No 1 (2021): Istinbath, Mei 2021
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v16i1.283

Abstract

Early marriage is an ancient issue that was covered by a pile of historical sheets. Weddings are done at an early age may end up with a divorce in the age of marriage that is still very young as well. Marriage at an early age where a person is not ready either mentally or physically, often creates problems, later on, not even a bit of a mess in the middle of the road, and eventually ends up with a divorce. Cases of marriage minors who then ended up with divorce to date are still many in the encounter in Indonesia, both in remote villages and in areas that have grown even in big cities. From here the author is interested to examine the phenomenon of early marriage in the Village Ciodolog Cidolog District Ciamis.

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