Al-Istinbath: Jurnal Hukum Islam
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.
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<![CDATA[Analisis Kedudukan Waktu dalam Keabsahan Praktek Jual Beli Syariah ]]>
<![CDATA[Rahmat Hidayat]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.795
<![CDATA[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.]]>
<![CDATA[Piagam Madinah dan Spiritnya dalam Undang-Undang Dasar (UUD) 1945 ]]>
<![CDATA[Elkhairati Elkhairati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.776
<![CDATA[This paper aims to look at the existence of the Medina Charter in terms of history, content and authenticity and how it is spiritual in the 1945 Constitution. This study takes the form of literature with a content analysis approach. Data collection techniques in this study are carried out by collecting magazines, journals and books and utilizing internet to collect data related to research. This study concludes that the Charter of Medina contains the Islamic Shari'a as a law, is democratic in nature. If observed carefully, it will be seen the spirit of the Medina Constitution in the 1945 Constitution as the basis of the State of Indonesia. The concrete form is reflected in the points of the articles of the 1945 Constitution. This proves that even though the Republic of Indonesia is not an Islamic state, it does not mean that this country ignores Islamic shari'a.]]>
<![CDATA[Ilmu dan Kepentingan Politik Tinjauan Hukum Islam ]]>
<![CDATA[Rosdalina Bukido]]>;
<![CDATA[Misbahul Munir Makka]]>;
<![CDATA[Djihan Magfirah Rivai]]>;
<![CDATA[Faradila Hasan]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.780
<![CDATA[This research made because seeing politics that happened in Indonesia this time, evaluating of it from facet Punish Islam. All political perpetrator which have intellectual as guarantor can develop and also move forward state which we love. Social phenomenon that happened in society that is where all political perpetrator which his science application for the sake of is other, that for the benefit of own, group had. Method used by researcher is descriptive. Result of research indicate that all political perpetrator is science application which they have not for the benefit of society but personal for the benefit of as well as group political perpetrator prefer to give political promise but not coincide. Political so that that happened now, politics which in confusion where private interest taken as especial directive. As a result, development and development of state for the shake of kepentigan of society can not be distributed. If us in Al-Quran that that promise a trust which must be shouldered and all my me, politics now which prefer to break a promise it referred all liar. So that according to writer of political perpetrator ought to more is majoring of promise which he have tell.]]>
<![CDATA[Undian Berhadiah Alfamart di Kota Bengkulu dalam Perspektif Ekonomi Syariah ]]>
<![CDATA[Wahyu Abdul Jafar]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v4i1.634
<![CDATA[This study aims to examine the issue of lucky draw that has been held by the management of Alfamart in the city of Bengkulu for the marketing interests of a produk. In order to reap maximum profits from consumers, the management of Alfamart in City of Bengkulu did not hesitate to give gifts to lucky consumers. But the problem is, sometimes this lucky draw still contains gambling (Maisyir). This research is included in the field research category, while in analyzing the data obtained, researchers use normative approaches. Data collection techniques used are interview techniques and documentation. After an in-depth study obtained a conclusion that law of the Alfamart lucky draw in the city of Bengkulu is divided into two, namely: First, the law is halal if the lucky draw is made into prizes without financial requirements to buy certain products or pay a certain amount of money. This gift is purely a form of ta'dhiman (Respect) or Mahabah (affection). The second, the law is haram, if the lucky draw uses a lottery system or gambling, that is, someone can take part in the lucky draw if you have purchased a certain produk or after paying money with a certain amount of money.]]>
<![CDATA[Pernikahan di Bawah Umur Akibat Hamil di Luar Nikah dan Dampak Psikologis Pada Anak di Desa Makrampai Kalimantan Barat ]]>
<![CDATA[Asman Asman]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.784
<![CDATA[This article aims to learn more about marriage in an aged wawah because of an extramarital pregnancy and the psychological impact on children in the village of Makrampai West Kalimantan. This study uses a qualitative method with a phenomenological approach, namely observations in the field, the authors want to describe how the attention of the people of Makrampai Village in Tebas Subdistrict to underage marriages due to pregnancy out of wedlock itself. From the results of this study it was found that underage marriages in Makrampai Village came from a background of lack of parental attention to their biological children so that their children fell into promiscuity which cannot be changed so that the future of children is damaged and the educational background of parents is also very influential towards the education of children at home. Underage marriage has many impacts on the perpetrator, including depression, anxiety, fear and stress which are the effects of underage marriage in Makrampai Village, Tebas District, Sambas Regency.]]>
<![CDATA[Strategi Lembaga Bantuan Hukum dalam Menangani Perkara Perdata di LKBHI IAIN Salatiga ]]>
<![CDATA[Nurrun Jamaludin]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.709
<![CDATA[This research try to find out the strategy of handling case civil case at the Islamic Legal Consultation and Assistance Institute of IAIN Salatiga, nowadays many Legal Aid Institute just focus on litigation process to get money from the Ministry of Justice and Human Rights, but the main function of Legal aid Institute are neglected such as legal studies and legal counseling, besides forgetting the legal function as the aspire of the law, that is to be social control and civil engineer. This research/study using evaluative analysis method, the method is collecting and presenting all LKBHI data since 2016-2018 then analyze the actual facts and then analyze them rationally based on juridical principles through library research and on the spot research.The finding of this research indicate that LKBHI IAIN Salatiga has finished many civil case, but many solution using non litigation process, when the strategy built to resolve cases using a psychological approach to the parties, while also applying procedures to the team to resolve client's case with negotiation and mediation, where all participants on the team is active and doing the work based on their own expertise. Then the results lead by LKBHI IAIN Salatiga the solution is a win-win solution are quite significant.]]>
<![CDATA[Perkawinan Lesbian, Gay, Biseksual, dan Transgender dalam Perspektif Hukum Islam dan Hukum Positif ]]>
<![CDATA[Mulyono Mulyono]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.789
<![CDATA[This article aims to conduct an in-depth comparison of LGBT marriages in the perspective of Islamic law and positive Indonesian law.This is a study on normative laws (doctrine) using deductive logic in analyzing primary and secondary legal materials. The results of this study are (1) in the perspective of Islamic laws, same-sex marriage among LGBT is forbidden since it violates the nature and is contrary to maqasid syariah in the sense that it could threaten the essential needs of existence of human beings such as not preserving religion, soul, descendants, mind and honor; (2) in the perspective of positive laws in Indonesia, the state allows merely the marriage between male and female and that it should be in accordance with their religion. Meanwhile, all religions in Indonesia, including Islam, forbid same-sex marriage. Therefore, marriage among LGBT is unlawful and as a result the state does not guarantee their prosperity.]]>
<![CDATA[Menghujat dan Menista di Media Sosial Perspektif Hukum Islam ]]>
<![CDATA[Arif Alfani]]>;
<![CDATA[Hasep Saputra]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.728
<![CDATA[This paper aims to examine blasphemy phenomena on social media which are analyzed descriptively with the approach of Islamic law. This analysis was then developed on two issues, how the phenomenon of insulting and blasphemous actions in social media, how Islamic law perspective on insulting and blasphemous actions. The reality of each user, obscenities seems to have become a compulsory song that must be sung with enthusiasm in order to berate, blaspheme, and even sometimes provoke so that it leads to anarchy. The phenomenon of mutual blasphemy on social media does not only occur at the level of the political elite, but has taken place in laymen. Media, which should be a positive center for information and communication, has turned into an arena for arguments that are far from polite. The method used in this research is library research, namely research conducted by collecting magazines, journals and books and utilizing the internet to collect data related to research. From this research method it is known that with electronic media anyone can connect without face to face. This is certainly good news, but keep in mind that behind the ease of interaction through social media there are consequences. Considering that there have been many parties involved in criminal matters violating electronic transactions that have caused mischief and blasphemy.]]>
