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Al-Istinbath: Jurnal Hukum Islam
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 5 Documents
 1 
Search results for , issue "Vol 1, No 1 June (2016)" : 5 Documents clear
Pemikiran Ushul Fiqih Ibnu Qudamah : Kajian Atas Beberapa Masalah Fiqih Dalam Kitab Al-Kafi Fi Fiqh Al-Imam Ahmad Bin Hanbal Ihsan Nul Hakim
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.615 KB) | DOI: 10.29240/jhi.v1i1.76

Abstract

This study has conducted to analyze the thought of Ibn Qudamah about “ushul fiqih” through some “fiqhiyah” problems contained in the book “al-Kafi Fi Fiqh al-Imam Ahmad bin Hanbal”. Ibn Qudamah is a famous theologian in the sect of Ahmad ibn Hanbal. However, there are doubts whether he developed a framework or his own method or influenced by the methods of his teacher. The data presented in this study came from primary source, the book titled “al-Kafi Fi Fiqh al-Imam Ahmad bin Hanbal”, Ihsan Nul Hakim: Pemikiran Ushul Fiqih Ibnu Qudamah | 82 by giving a brief introduction about the discussed themes of jurisprudence and then introducing the opinions of law of jurists (especially the four sects of islamic fiqh) on aspects of the differences and the reasons and basis of their opinion, finally presenting“ushul-fiqih” thought of Ibn Qudaamah. The issues or themes broadly divided into four areas, they are religious jurisprudence, wedding jurisprudence, commerce jurisprudence and felony jurisprudence. This study has concluded that the opinion of Ibn Qudamah jurisprudence generally in line with his teacher’s jurisprudence, Ahmad ibn Hanbal, as well as in the field of “ushul-fiqh” jurisprudence, Ibn Qudamah used the basics, such as The Qur'an, Hadith, judgment of prophet’s friends, “Qiyas” and “maslahah mursalah”.
Perluasan Teori Maqashid Al-Syari’ah: Kaji Ulang Wacana Hifdz Al-‘Ummah A. Djuzuli Syahrial Dedi
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (304.115 KB) | DOI: 10.29240/jhi.v1i1.72

Abstract

This paper wasdone the discourse of “hifdz al-'ummah/the savior of nation” of A. Djazuli in the theory of “maqashid al-shari'ah”. Because the benefit is the essence or substance of Islamic law.Mentioning the essence or substance of Islamic law intended to mean that the beneficiaries are a key element of the building of Islamic law, which binds other related ones. The data presented in this paper comes from primary sources directly related to A. Djazuli thought. This study found that the study of “maqashid al-shari'ah/the purpose of law” which is now developing emphasize to people as individual and less offset by humans as members of the community. The concept of people becomes important in life togetherwhether people within the scope of the first, second, or third which are well aligned with the economic, political, and social-culture aspects of a nation or the international community. In the era of globalization, the roles of aspects become very strong and their interaction becomes very intensive.
Reinterpretasi Makna Jihad Dan Teroris Musda Asmara
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (275.365 KB) | DOI: 10.29240/jhi.v1i1.87

Abstract

This paper aims to find a very clear distinction between jihad and terrorism. The concept of jihad is often regarded as the source of the proliferation of terrorism because of misunderstanding in understanding religion. The very hard thought of religion or radicalism with certain genes can has increasingly strong role for the growth of extremism, terrorism which finally will act of terror on the pretext of jihad fi sabilillah. The situation and the opportunity was used by the enemy to continue claimed that “Islam is terrorism”. The data presented in this paper is sourced from some literatures. The results of this paper, that jihad is the real struggle whether with the soul, materials, verbal acts and thoughts in order to up hold the religion and Islamic values peacefully. Instead of terrorists is an act of terrorizing, threatening, frightening the masses with certain motives and goals.
Zina Dalam Kajian Teologis dan Sosiologis Budi Kisworo
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (326.39 KB) | DOI: 10.29240/jhi.v1i1.54

Abstract

This paper aims to examine the meaning of adultery through the lens of the theological and sociological theory. Adultery is forbidden which has been condemned both by religion and by the positive law in Indonesia, although the meaning of adultery in the religious sense and the positive law has a different sense, but still have the same meaning in substance. The data presented in this paper comes from the study of literature by searching for sources that are directly related to the theme. This study found that to have adultery sometimes not known by public because it is done in secret. In such circumstances, adultery is still personal sin, and Allah still provides an opportunity for each executant to immediately repent. By contrast, if it is already known by public, then the act has an effect on social life so that it became a social sin. It is not enough to repentance only, but it must be given sanctions against the perpetrators. Keywords: Adultery, Theological theory, Sociological theory
Analisis Asas Hukum Pidana Islam Dan Asas Hukum Pidana Di Indonesia Wahyu Abdul Jafar
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (2458.968 KB) | DOI: 10.29240/jhi.v1i1.55

Abstract

This articlehas done to identifysome similarities and differences between the principles of Islamic criminal law and ones of criminal law in Indonesia. The Differences and similarities among both occurred because each law has different legal sources. Actually, The data presented in this article comes from information sources that relates directly to the Islamic criminal law and positive-criminal law in Indonesia. From this study,we know that there are some principles that are different meanwhile there are also some principlesin both, the Islamic criminal law and the criminal law in Indonesia,nevertheless it does not mean exactlysame because of their applicabilities. As well as the differences of both do not mean absolutely different because of their substances. The same principles amongones of Islamiccriminal law and criminal law in Indonesia, they are the principle of legality, the presumption of innocence and the principle of not retroactivepenalties. Meanwhile, the different principlesamong both are the principle of the prohibition of analogy, the principle of territoriality, the principle of nationality, the principleof personality, the principle of universality, the principle of changes in legislation, the principle of equality in the law and the principle of the prohibition of transferingfaults on others.

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