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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 8 Documents

Search results for , issue "Vol 4, No 2 November (2019)" : 8 Documents clear

Implementasi Wisata Syariah Lombok dalam Perspektif Maqashid Syariah Mulyono Jamal; Hamid Fahmi Zarkasyi; Haerul Akmal; Tesa Mellina
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

Sharia tourism is one of the tourism concepts applied based on sharia principles. In recent years, Islamic tourism has mushroomed in several regions in Indonesia and even in the world, with different concepts. This concept is not only a media for the promotion of the regions that want to apply it, but more than that the tourism carried out by a person can strengthen his creed and belief, if carried out in accordance with Islamic principles. However, how is the application of sharia tourism in accordance with sharia principles? The concept of Islamic tourism which should be applied?, There are still many unknowns. So it takes an in-depth understanding of the concept of sharia tourism, and the need for a research related to this. Researchers see a relationship between maqoshid sharia with sharia tourism currently being applied. This study aims to determine the application of Islamic tourism in the perspective of Islamic maqoshid, with Lombok as the object of study. This type of research is qualitative research. Data collection method is done by interview and observation. Interviews were conducted on 10 respondents and took 5 tourism objects that became tourist icons in 5 districts in Lombok as research samples. The results of this study indicate that there is a relationship between maqoshid sharia in the application of sharia tourism, namely in the safeguarding of religion, soul, reason, descent and wealth. So the applied sharia tourism must include five safeguards in sharia maqoshid. While the application of Lombok sharia tourism in the maqoshid sharia perspective has not yet reached the five aspects of safeguards.

Kawin Beda Agama dalam Kajian Hukum Islam dan Peraturan Perundang-Undangan di Indonesia Sarifudin Sarifudin
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to reopen the discussion on the plurality of thoughts in interfaith marriages from the perspective of Islamic law and legislation in Indonesia. The method used is the literature study. Where the author tries to understand clearly the concept of interfaith marriage through books, documents and related research results. Whereas, in analyzing these data using the verstehen method. In this method, an interpretative analysis process is carried out on the concept of interfaith marriage. This interpretive analysis requires the writer to provide scientific arguments and criticisms in interpreting research data. In many cases in the community, interfaith marriages always create resistance. Religious arguments are always raised to oppose the marriage. One of the verses of the Koran which is popular for opposing interfaith marriages is QS al-Baqarah verse 221. But strangely, some people (muslims) continue to carry out interfaith marriages in the Civil Registry Office. The conclusion of this paper confirms that the legality of interfaith marriage is still debatable, both in Islamic law and regulations in Indonesia. Therefore, the new rules are needed that are clearer about interfaith marriages, because they are binding on each individual citizen, so that legal certainty and justice will be created.

Hukum Homoseksual Perspektif Maqashid Syariah Siska Lis Sulistiani
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this study is to find out aspects of sharia maqashid or the objectives and wisdom of the rule of law related to homosexual behavior, because the purpose of law enforcement is in addition to causing deterrent effects for the culprit and awake a sense of justice for all humans. This research is a normative juridical study, which uses secondary data in the form of primary, secondary and tertiary legal sources (library data), collected through library research and analyzed qualitatively descriptive. So that the discussion can be found in accordance with the data obtained. The results of this study state that Islam exists as a religion contained in universal and humanist legal aspects, for the benefit of all beings in the world. Deviant behavior such as homosexuality is a behavior that is given harsh sanctions in Islam because for the sake of maintaining the benefit of human life, both in terms of protecting offspring (hifdz nasab), maintaining honor (hifdz irdh) and health (hifdz nafs). Sharia maqasid needs to be understood from a strict rule, especially aspects of Islamic criminal law so that Muslims can understand thoroughly the rule of law is not just believe or become a phobia.

Eksistensi Hukum Keluarga Islam di Indonesia dalam Kontestasi Politik Hukum dan Liberalisme Pemikiran Islam Athoillah Islamy
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Al-Istinbath: Jurnal Hukum Islam

This research aims to understand the existence of the Compilation of Islamic Law (KHI) and its status in the political perspective of the formation of law. In addition, it is also to understand the existence of KHI in the midst of the liberalism movement of Islamic legal thinking in Indonesia. This research is a qualitative research in the form of literature review. While the type of legal research in this study, namely historical normative legal research. There are two big conclusions from the results of this study. The First, the formation of KHI accommodates orthodox and responsive legal strategies. The second, the existence of KHI remains consistent even though there have been many thoughtful efforts and studies that have criticized it. This is due to the criticism only as the impact of the opening of the democratic climate for the liberal movement of Islamic thought in the public sphere.

Gugatan Harta Waris Terhadap Anak Angkat Analisis Yuridis Terhadap Putusan PA Situbondo No. 0371/Pdt.G/2017/PA.Sit Muhammad Ibnul Hasan; Rosyidatul Khoiriyah
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Al-Istinbath: Jurnal Hukum Islam

This study aims to determine the rights and status of adopted children to the inheritance of their parents according to Islamic law and to determine the decision of the Religious Court regarding the lawsuit against inheritance which is controlled by adopted children. This type of research is a normative legal research that studies secondary data with descriptive-analysis research specifications. Inheritance is often the reason for a split in the family, so there is a law governing who is entitled and what level is entitled to each family member. But one problem that often arises is the mastery of inheritance by adopted children. In Islamic law, the status of adopted children cannot be equalized with biological children because adopted children are not included in inherited family relationships. The results of this study are that adopted children are not included as heirs so as to obtain the compulsory will of 1/3 of the inheritance of their adopted parents according to the Jurisprudence of the Religious Court and in the decision of Situbondo No. PA. 0371 / Pdt.G / 2017 / PA.Sit in outline, the procedure of the proceedings and decisions have fulfilled the requirements as regulated in the legislation.

Tinjauan Fiqh Muamalah Terhadap Transaksi Multi Akad dalam Fatwa DSN-MUI Tentang Pembiayaan Likuiditas Jangka Pendek Syariah Haerul Akmal; Mohammad Hanief Sirajulhuda
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this study is to find out the multi-contract picture in the al-bai maa al-wad bi al-syira (BMWBS) agreement on the fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) Number 109/DSN-MUI/II/2017 concerning Sharia Short-Term Liquidity Financing (fatwa 109-PLJPS) and knowing multi-contract transactions in the BMWBS contract on 109-PLJPS fatwa from the perspective of muamalah fiqh. The research is a library research that is qualitative-descriptive in nature with a juridical-normative approach through deductive methods. The results obtained: First, the multi-contract in the BMWBS contract can be seen from several things; binding wa'd (promise) that links the two Sharia Securities transactions (SBS) between Sharia Banks and Bank Indonesia, time limits on SBS sale and purchase, and time-limited utilization of SBS ownership. Secondly, there is relevance between the hadith of the bay'ataini fi bay'ah and the BMWBS contract through illat riba. For this reason, DSN-MUI needs to review the 109-PLJPS fatwa by including the hadith of the bay'ataini fi bay'ah, then making it a legal consideration by looking at the various meanings of the ulemas and their agreement on it to make it more compatible with your fiqh.

Kedudukan Talak di Pengadilan Perspektif Siyasah Syariyah Miti Yarmunida; Busra Febriyarni
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this discussion is to describe the analysis of siyasah shariah for divorce in court. The understanding is still developing in Indonesian religious and Muslim community figures that divorce is not mandatory in court, divorce in court is only for administrative needs. This research is explanatory research, the source of the data used is library data, data processing by editing, coding, reconstructing and systematizing and analysis using deductive logic. The result of this discussion is that the state has the authority to set regulations that can bring benefit to its people even though explicit divorce in court is not found in Islamic legal norms. But every regulation that is believed to be able to uphold the benefit and reject the interpretation is the implementation of the values of Islamic teachings. The state makes legal rules in marital affairs is to realize justice, certainty and legal benefits for the benefit of society in the field of marriage and in accordance with sharia maqashid.

Niat al-Muqaranah al-Hakikiyyah dan al-Muqaranah al-Urfiyyah dalam Ibadah Shalat Perspektif Ulama Syafiiyyah Imam Syafi'i
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

This research aims to examine and analyze the opinion of Syafi'iyyah scholars about intention in prayer. On this problem, Syafi'iyyah scholars are divided into two opinions, namely from the previous period scholars (Mutaqoddimin) whit his opinion intention of al-Muqoronah al-Hakikiyyah, and from the contemporary scholars (mutaakhkhirin) whit his opinion intention of al-Muqoronah al-Urfiyyah. This research is important because the intention in prayer is compulsory case (rukn) and is the beginning of all forms of worship. Other than that many Muslims doubt in his intention so anxiety arises in them. As research that examines the opinions of the scolars, the method used in this research is library research which descriptive qualitative research, where the object of study is literature in the form works in the yellow books, journal and other books. From the explanation and studies that has done, the intention of al-Muqoronah al-Hakikiyyah as stated by the previous period scholars is a law of origin, one must do when praying. Whereas the intention of al-Muqoronah al-Urfiyyah as stated by the contemporary scholars is rukhsah wajibah because of the udzur that befell a person while doing the prayer.

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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

INDONESIA

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Abstract

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

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