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Al-Istinbath: Jurnal Hukum Islam

alistinbath
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Published by Institut Agama Islam Negeri Curup

ISSN : 25483374 EISSN : 25483382 DOI : http://dx.doi.org/10.29240/jhi

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice

Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific works related to thoughts or studies in the field of Islamic law and actualize and add to the treasure of a better understanding of Islamic law through the publication of articles and research reports. Al-Istinbath : Jurnal Hukum Islam is published twice in a year, on May and November. This journal is published by the Institut Agama Islam Negeri (IAIN) Curup in partnership with Asosiasi Dosen Hukum Keluarga Islam (ADHKI) Indonesia, download MoU here. This journal is projected as a media, sphere, and dessemination of scholars studies on islamic law issues. Indeed, Al-Istinbath invites all of participant—scholars and researchers to submit their best-papers, and publish it in Al-Istinbath : Jurnal Hukum Islam.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 163 Documents

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Alih Fungsi Tanah Wakaf Ditinjau Dari Hukum Islam dan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf lutfi el falahy
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 2 December (2016)
Publisher : Institut Agama Islam Negeri Curup

Abstrak Tulisan ini mengkaji korelasi antara Negara dalam bentuk Undang- Undang dan peraturannya serta Agama melalui Al-Quran dan pendapat- pendapat mazhab dalam merumuskan permasalahan wakaf, ruislag, dan azaz pemanfaatan demi kepentingan umum atau kemaslahatan umat. Sehubungan dengan kebutuhan tanah yang semakin meningkat dan luas tanah yang mulai berkurang serta perkembangan pembangunan yang semakin meningkat. Tulisan ini menggunakan pendekatan deskriptif referensial dengan nuansa kajian fiqh muamlat dan hukum Islam. Adapun hasil dari tulisan ini, bahwa alih fungsi tanah wakaf dalam pandangan Hukum Islam dan Undang-Undang Nomor 41 Tahun 2004 Tentang Wakaf dapat dibenarkan bila alasan-alasannya telah sesuai dengan ketentuan yang berlaku. Bahwa dalam Hukum Islam diadakannya pembenaran peruntukkan atau pengalihan tanah wakaf dengan syarat bahwa tanah yang telah dialihkan tersebut memang mempunyai manfaat yang jauh lebih baik demi kemaslahatan umat atau kepentingan umum.

Analisis Kedudukan Waktu dalam Keabsahan Praktek Jual Beli Syariah Rahmat Hidayat
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019)
Publisher : Institut Agama Islam Negeri Curup

This article aims to analyze the position of time and its correlation with sharia sale and purchase transactions, to answer time problems in each component of buying and selling transactions. Buying and selling is a transaction that is most often carried out by humans in meeting their daily needs. One of the main components of buying and selling that distinguishes it from other transactions is the transfer of ownership by handing over the goods with the value of the goods. Normally, the handover of goods occurs in a sale and purchase activity known as the majlis`aqd. However, due to certain factors, the handover may experience delays. A delay or suspension which is a derivative of time has a certain effect on the validity of a sale and purchase contract. So that it can be understood that global universal time has a special position in buying and selling. This research uses content analysis method by making classic and contemporary scholarship books as references plus several journals. This study deduced the opinions of scholars regarding payment or delivery of delayed items which were then analyzed by the authors to be a conclusion. The results of this study indicate that the conditions of time can determine whether or not the sale and purchase agreement is valid. In addition to several aspects, the aspect of clarity of time is very important to note.

Islam and Medicine: A Study on The Fatwa of Indonesian Ulama Council on Vaccines JM. Muslimin; Rizky Fauzi Iskandar; Yulia Fatma
AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021)
Publisher : Institut Agama Islam Negeri Curup

The principles of Islamic jurisprudence can provide a convenient solution for practitioners of Islamic law in formulating the law of this rapidly expanding vaccine field for now and the future. This study aims to obtain the rationale of fiqhiyyah principles used by Indonesia Ulama Council (Majelis Ulama Indonesia, MUI) related to contemporary medical and health sciences, especially vaccines.. This research is a qualitative library research with primary source the fatwa of Indonesian Ulama Council.. The data and document are reviewed through content analysis techniques using descriptive-analytical and interpretative methods. The approach in this study uses the Principles of Islamic Jurisprudence (usul al-fiqh) and Islamic legal maxims (qawa'id fiqhiyyah) approach. . The conclusion of the study is the permissibility and prohibition of using vaccines are based on the ingredient of the vaccines. If the ingredient is extracted from allowed materials (halal), the vaccines are accepted. On the contrary, if it is contaminated by illegal materials, the vaccines are rejected. However, in the urgent situations, all vaccines can be accepted based on the logics of emergency and need.

Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra) Muhammad Khalilurrahman; Eficandra Eficandra; Dodon Alfiander
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the view of Islamic law. The type of research conducted was field research. Primary data sources were Ninik Mamak, Wali Jorong, Religious Counselors, perpetrators of unregistered marriages, and their relatives. Secondary data sources were books and journals about marriage, customs, Islamic law and Positive law. The data were collected through semi-structured interviews and documentation techniques. Data analysis and interpretation techniques were data reduction, data presentation and conclusions. The technique of guaranteeing the validity of the data was by triangulation of sources. The results of the study indicate that the cause of the birth of customary rules was because they were not in accordance with Islamic teachings, positive law, and were considered a disgrace to the people. Forms of sanctions for the perpetrators of this unregistered marriage were expelled from the Nagari, if they were not pleased then paid a fine for slaughtering a goat, and if they did not want to do it, then they were set aside as long as the custom. Those who paid the fine had to do so in public and apologized to Ninik Mamak. Of the 11 pairs who performed unregistered marriages, 7 pairs were expelled from Nagari, 2 pairs paid a fine for slaughtering a goat, and 2 pairs were set aside from the custom. This rule is in line with sadd al-zari'ah principles in Islamic law.

Metode Penetapan Hukum Dalam Berfatwa Ahmad Mukhlishin; Aan Suhendri; Muhammad Dimyati
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Fatwa is the answer to the problem that arises, usually respond to contemporary things. This can be seen from a series of fatwa issued by the MUI. from the problem golput, cigarettes, pre-wedding photos, motorcycle taxi women and many other things. Fatwa is a very urgent case for humans because not everyone is able to explore the laws of the Shari'a. Or it can be concluded that the fatwa is an explanation of Sharia law on various issues that occur in the midst of society. Therefore, given the importance of the position of the fatwa, it should be done that the people do not ignore the fatwas issued by the Fatwa scholars born because of the consideration of the benefit of the ummah or mashalihul ummah, and in this paper will be discussed about the methods of law enforcement in berfatwa. One of the conditions for determining fatwas is that they must fulfill the methodology (manhaj) in teaching, because it establishes fatwas without regard to manhaj including those which are prohibited by religion. Establish a fatwa based solely on the necessity (li al-hajah), or because of the benefit (li al-mashlahah), or because the essence of religious teachings (li maqashid as-syari'ah), with no adhering to nushus syar'iyah, including the excessive group (ifrathi). Within the scope of the fatwa there are some important things that must be noticed by a mufti (giver of fatwas) and a mustafti (the person who asks fatwas) so that the resulting fatwa can be useful in solving a problematika. For the sake of perfection a fatwa of mustafti must use some method which must be consumed in solving problem which in ijtihadi at that time, like method bayani, ta'lili and termi.

Ushul Fiqih Menurut Paradigma Filsafat Ilmu (Kajian Ontologi, Epistemologi, dan Aksiologi) Syarial Dedi
AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to examine how the ontology, epistemology and axiology (paradigm of philosophy of science) ushul fiqih. This is very important because ushul fiqih has its own epistemological construct that cannot be separated from the principles of science in an Islamic perspective which are clearly at odds with the West. This misunderstanding raises negative accusations against the science of ushul fiqih. Even though usul fiqih is the highest degree of science, because it combines naql and 'aql. This is a library research using content analysis method. This study concludes that the three pillars (ontology, epistemology and axiology) are closely related. The combination of the power of revelation and reason is the hallmark of ushul fiqih epistemology. Revelation is positioned at the highest level, because it comes from the omniscient. Intellect is positioned at a lower level hierarchically, implying that reason submits to the truth of revelation. In this construct, it is revelation that becomes the standard of truth.

Divorce and Its Impact on Custody of Minors Using Islamic Law Perspectives Siti Nurjanah
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to examine the factors that cause divorce in an Islamic country and how that affects the custody minors shares between parents from an Islamic perspective. This study focus on three main causes, adultery, economy, and the occupance gap. Furthermore, this research used interviews of 718 married couples 140 pairs are divorced in Kota Metro, a high rate of divorce region with a Muslim majority in an Islamic country (Indonesia). The results of this study show that Couples sometimes have to face problems in their domestic life, the emergence of problems in the household can be caused by many things including economic factors, and no sense of responsibility, differences in life outlook that can lead to household crises. The woman who will become a widow does not think about other people's views of her because she thinks this is her life and she is the one who goes through it all, it's just that there is guilt in her child when she has to divorce. He thinks about the impact of divorce that will arise on the psychological development of his child, he tries so that his child does not lose the love of a father.

Utilization of Land Pawning Objects in Minangkabau in The Perspective of The Scholars of Schools of Thought Ilda Hayati; Fathurrrahman Djamil; Busman Edyar
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to explain the practice of pawning in Sariek Laweh, the law on the use of land pawning objects in Minangkabau from the perspective of Islamic scholars, and the solutions of pawning. This research is a field study using a normative approach, which is analyzed using a comparative descriptive method. The results of the study are: that in general, pawning in Minangkabau is carried out with the ability to use the object of land pawning and to take all the proceeds by the pawn holder. This applies until the mortgagee is able to pay off the debt. Scholars have different opinions regarding the use of pawn objects by pawn holders, the majority (jumhur ulama) forbid it. The second opinion (minority) says that it is permissible to take advantage of the pawn object, but there are still provisions in this matter. Based on the findings of this study, the practice of pawning in Sariek Laweh is not in accordance with the provisions of the Islamic Sharia which are seen from various schools of thought, apart from the element of exploitation of the pawn holder, the mortgagee does not receive any compensation from the goods used, other than fixed loan funds which must be paid according to the amount of the initial loan, without any reduction, also because there are conditions for taking benefits included in the contract, all schools of thought agree that this practice is not permissible. Regarding the pawning solution, it is in the form of musyarakah between the pawn holder and the owner of the pawn object. The pawn holder processes and takes the proceeds with a sharing system with the land owner.

Pelaksanaan Eksekusi Hadhonah Bagi Pasangan Yang Bercerai Di Pengadilan Agama Curup Tahun 2016 Zainal Arifin
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018)
Publisher : Institut Agama Islam Negeri Curup

This research aims to give a identification about Hadhanah’s problems which were often separated with claims or divorce requests. The phenomenon of child custudy disputes for small regional areas such as in city of Curup is not understood yet by the public. The lack of understanding about it sometimes makes what has been decided by the court is not implemented by the parties concerned. This research was field research with qualitative approach. In assessing the primasy data obtained from the interview, the researcher used interative libraries such as the Alquran and hadith. From the research, it is found that, first the number of hadhanah’s case at Curupreligious court class I B in 2016 is one case with the case number 262/Pdt.G/2016/PA.Crp. Second, the exsecution of hadhanah’s case at curupreligious courts in class I B in 2016 has never been done because the public understanding of the execution is still lack, the cost of execution is quite expensive and the strength of family principles in solving problems. Last, the consistency of the level of execution ofhadhanah’s caseinCurup religious courts in class I B in 2016 can not be seen and can not be found. It is because there has never been any parties who have filed an appeal or a request for a cassation against hadhanah’s verdict.

Analisis Faktor Pemakaian Jasa Bantuan Hukum Probono Legal Aid di Pengadilan Agama Kelas 1A Tanjung Karang Kota Bandar Lampung Abdul Qodir Zaelani
AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 1 May (2020)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this study is to uncover the factors underlying the use of probono legal aid legal aid services in the Class 1A Religious Court of Tanjung Karang, Bandar Lampung City. This research is a field research (field research), primary data taken from service users, service managers and officials in the Class 1A Religious Court of Tanjung Karang in Bandar Lampung City, through structured free interviews. This research found the fact that the presence of Legal Aid Posts which provide probono legal aid services is very helpful for people who need legal assistance because of their limitations with the factors that become the reasons for using legal aid services for probono legal aid. For those who do not understand the law, the presence of Posbakum in the Class 1A Religious Court of Bandar Lampung City is very helpful in the process of resolving legal issues, as well as for those who do not have sufficient budget and funds to resolve legal issues that are being passed through, the presence of Posbakum is very helpful and reduce their financial expenses. The presence of Posbakum also facilitates and accelerates the resolution of legal issues.

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Musda Asmara

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+6285274234274

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Umea' Jurnal IAIN Curup Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu 39119

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Bengkulu

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Musda Asmara

Contact Email al-istinbath@iaincurup.ac.id

Phone +6285274234274

Journal Mail Official al-istinbath@iaincurup.ac.id

Editorial Address Umea' Jurnal IAIN Curup Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu 39119

Location Kab. rejang lebong, Bengkulu INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Musda Asmara

Contact Email
al-istinbath@iaincurup.ac.id

Phone
+6285274234274

Journal Mail Official
al-istinbath@iaincurup.ac.id

Editorial Address
Umea' Jurnal IAIN Curup Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu 39119

Location
Kab. rejang lebong,

Bengkulu

INDONESIA