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[Ushul Fiqih Menurut Paradigma Filsafat Ilmu (Kajian Ontologi, Epistemologi, dan Aksiologi) ]]>
<![CDATA[Syarial Dedi]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i2.1829
<![CDATA[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.]]>
<![CDATA[Arranged Marriage: Adjusting Kafa’ah Can Reduce Trafficking of Women ]]>
<![CDATA[Anwar Hafidzi]]>;
<![CDATA[Rusdiyah Rusdiyah]]>;
<![CDATA[Nurdin Nurdin]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i2.1991
<![CDATA[This study aims to find the concept of match making or coercion in marriage against women. Women are more sensitive to match making issues and express disagreement with practices that violate women’s rights and endanger their future. However, previous researchers also considered match making coercion, sowe tried to research what if it was adapted to the concept of kafa'ah according to Shariah. The method used in this researchis a literature review by looking at the book an-nikah by Shaykh Muhammad Arsyad Al-Banjari, written in the 17th century AD. Through a hermeneuticalapproach, the researcher explores the marriage problems that her parents thought to becornering women in marriage problems. We try to uncover marriage problems that are sometimes considered to push women into marriage problems by their parents. This research proves that the concept of kafa'ah in al-Banjari theory can eliminate the perception of match making with a coercive system, because in the kafa'ah what is prioritized is a person's faith relationship which is ultimatelyable to maintain the honor of his wife and family. Not only in terms of material, but more inclined to approach immaterial needs. The Immaterial approach is evidenced by the harmonious relationship between the two families of the bride and groom.]]>
<![CDATA[Poligami di Malaysia dan Indonesia Serta Relevansinya dengan Pemenuhan Hak Gender ]]>
<![CDATA[Hervin Yoki Pradikta]]>;
<![CDATA[Hasanuddin Muhammad]]>;
<![CDATA[Musda Asmara]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
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DOI: 10.29240/jhi.v5i2.1932
<![CDATA[This paper aims to find out the provisions of polygamy in Malaysia and Indonesia related to the protection and fulfillment of wife's rights from a gender perspective. The method of writing this article uses a comparison, by comparing the provisions of polygamy in the two countries then analyzing it with a gender approach. The result is that both countries allow polygamy. However, the provisions on the permissibility of practicing polygamy in Malaysia and Indonesia place more emphasis on physical conditions. Such as reasons because they are barren, aged, crazy and cannot serve and carry out their obligations as a wife. The ability of polygamy prioritizes the fulfillment of the husband's rights by providing solutions for channeling the husband's sexual desire. Whereas in the historical context, polygamy was carried out on the grounds of religious preaching and protection of widows and orphans. This provision is a form of injustice and discrimination against wives. The wife in a weak position has no choice and is the victim of these regulations. For this reason, it is necessary to add polygamy permissibility requirements where the prospective wife to be married is a widow who has orphans.]]>
<![CDATA[Hak Waris Anak Perempuan di Cimanuk (Antara Kompilasi Hukum Islam dan Penetapan Pengadilan Agama Nomor 69/Pdt.P/2013/Pdlg) ]]>
<![CDATA[Yusuf Somawinata]]>;
<![CDATA[Hafidz Taqiyuddin]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i2.1839
<![CDATA[This research was to explore the importance of the inheritance rights of women towards the inheritance rights of deceased brothers who were applied in the Pandeglang district, Banten. The object of this research is inheritance law in the Islamic Law Compilation. The secondary source of this research is the Religious Court Decision Number 69/Pdt.P/2013/PA.Pdlg. The interviews related to this research were conducted in Cimanuk sub-district, Pandeglang district. This research is a collaborative research of library and field research which is qualitative model. The collected data is processed by selecting and classifying data. Then the data is analyzed by comparing and interpreting. This study found that in general, the Cimanuk ulama or community leaders gave the asabah (remaining assets) portion to deceased brothers or sisters, both siblings and brothers who inherited along with the daughters. However, there are also those who argue that a brother or sister, both siblings and a father is veiled by a daughter, so that they do not get part of the inheritance inheritance. It was also found that in principle the determination had been made by the people of Cimanuk sub-district. The conclusion of this study is the provisions in the Pandeglang Religious Court Decision Number 69/Pdt.P/2013/PA.Pdlg. November 7th, 2013 shows the difference with the provisions in the Islamic Law Compilation. KHI has a stipulation that girls do not prevent (hijab) their brothers,inheritance right, while the Religious Court rulings show that girls can obstruct the inheritance rights of brothers.]]>
<![CDATA[Kesaksian Non Muslim dalam Putusan Hakim Pengadilan Agama Curup Nomor 571/Pdt. G/2016 ]]>
<![CDATA[Ahmad Nashoha]]>;
<![CDATA[Yusefri Yusefri]]>;
<![CDATA[Sri Wihidayati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i2.1837
<![CDATA[The focus of the study of this article is on the Decision of the Curup Religious Court Judge number 571 / Pdt. G / 2016, which received testimony from non-Muslims. The classical fiqh scholars have formulated that Islam is one of the conditions that must be met in order to receive witnesses or testimony in a trial. As for the non-Muslim witnesses, the fiqh scholars have different opinions. Imam al-Syafi'i flatly rejected it. Other fiqh scholars, from the Hanafiah, Maliki and Hanabilah circles, accept non-Muslim testimonies in certain cases and circumstances. This article examines two issues, first, what the judges consider accepting non-Muslims as witnesses, and second; how is the view from the Maqâshid al-Syarî`ah side. These two problems were analyzed descriptively qualitatively, using the content analysis method and the Maqâshid al-Syarî`ah analysis approach. This article concludes: First, the judge's consideration of receiving non-Muslim testimony in the Curup Religious Court Judge's Decision number 571 / Pdt. G / 2016 is due to the absence of Muslim witnesses. Second, in the perspective of Maqâshid al-Syariah, the acceptance of testimony from non-Muslims in the absence of Muslim witnesses becomes a conditional need so that the case process can be resolved properly and fairly, lâ dharâra wala dhirâr, leading to the maintenance of the benefits of marriage. When Muslim witnesses are not found (absent), the testimony of non-Muslims can be categorized as the benefit of the hajiyat level. namely the level of benefit needed to provide convenience and eliminate difficulties in implementing legal provisions.]]>
<![CDATA[Tabot Festival: Shi'a Tradition Within The Sunni Community Of Bengkulu City On Sociology Of Islamic Law Perspective ]]>
<![CDATA[Iim Fahimah]]>;
<![CDATA[Wahyu Abdul Jafar]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i2.1777
<![CDATA[The purpose of this research is to describe the Tabot festival, a legacy of the Shia tradition but still exists and held continuously in the Sunni community of Bengkulu City. This festival is a manifestation of love for Sayidina Husen bin Ali from people of Bengkulu. However, even though the purpose of this Tabot is useful, there are still some people who are questioning the legality of Tabot’s law because it is strongly suspected that Shiites brought this festival to the Bengkulu. This research was held to answer the legality of Tabot’s law, which is still being disputed by the Sunni community. Through this study, the researcher explained in detail the Tabot legal issues through the sociology of Islamic law Perspective. This research is categorized as field research, and the approach used in this research is the sociology of Islamic law. Data collection techniques used were interview and documentation techniques. After an in-depth study, it was concluded that the Tabot Festival was accepted by the Sunni community, but there are a few sets of events that need to be improved, because it was considered to violate Shari'ah. The allowed event series are Duduk Penja, Meradai, Menjara/Mengandun, Arak Penja, Mengarak Penja Bersurban, Gam, and Arak Gendang. There are two series of Tabot programs that need to be improved, namely Menggambik Tanah and Tabot Tebuang.]]>
<![CDATA[Sanksi Adat Tentang Larangan Perkawinan Terhadap Orang Sesuku dengan Pelaku Zina ]]>
<![CDATA[Nailur Rahmi]]>;
<![CDATA[Rinta Okta Henny]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
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DOI: 10.29240/jhi.v5i2.1525
<![CDATA[The purpose of this study is to determine and describe the implementation of customary sanctions regarding the prohibition of marriage against people of the same ethnicity as adulterers and to analyze the views of Islamic law on customary sanctions regarding marriage rights against people of the same ethnicity as adultery. This type of research is field research, namely, research that is carried out in the field. The research data was collected through interviews with people affected by customary sanctions, niniak mamak, the head of KAN, and ulama. The data that had been collected were analyzed using a qualitative descriptive method. The results of the study found that the process of implementing customary sanctions regarding the prohibition of marriage against people of the same ethnicity as adulterers begins with the stipulation of customary sanctions against adulterers. If the sanctions are not implemented then the niniak mamak will prohibit the nephew from marrying until the sanctions are completed. The implementation of the prohibition of marriage to people who are of the same ethnicity as the perpetrator of adultery due to customary sanctions is not regulated in Islamic Law. These rules are the rules that apply in Nagari Lunto. including 'urf saheeh, because the conditions of' urf sahih have been fulfilled. Among the conditions is that it contains benefit and has been going on for a long time. The benefit of the implementation of the marriage prohibition due to the adultery customary sanction is to provide a deterrent effect on adultery in particular and the Lunto community in general so that they do not approach adultery anymore, and protect their nephews from things that deviate from Islamic teachings. Based on the ʻurf method, the customary sanction regarding the prohibition of marriage against people of the same ethnicity as the perpetrator of adultery is permissible.]]>
<![CDATA[Analisis Yuridis Terhadap Rumusan Jarimah Pemerkosaan dalam Qanun Aceh Nomor 6 Tahun 2014 Tentang Hukum Jinayat ]]>
<![CDATA[Umarani Azkha]]>;
<![CDATA[Syahrizal Abbas]]>;
<![CDATA[Mohd. Din]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i2.1784
<![CDATA[This research aims to predict the extent of the punishment disparity probability in the Qanun Jinayat's rape formula as a consequence of the breadth of the formula and to determine the construction of the definition and classification method of the classical Islamic jurisprudence’s az-zina bil-ikrah formula and the Qanun Jinayat’s rape formula as a consequence of radical differences between the two coercive sexual delicts that are formed based on Islamic law. This research is normative legal research by using statute and comparative approach. The research results showed that the Qanun Jinayat’s rape formula has the punishment disparity probability in the same delict, the disparity in delicts those have same seriousness gradation, the disparity of punishment imposed by one judges panel, the disparity of punishment imposed by different judges panel for the same delict and the disparity of punishment in different actions in one delict formula with different gradations of seriousness. The definition and classification of az-zina bil-ikrah are constructed through the bayani method, while the definition and classification of the rape are constructed through the istishlahi method.]]>
<![CDATA[Implementasi, Kendala dan Efektifitas Kursus Pranikah di KUA Kecamatan Pontianak Tenggara ]]>
<![CDATA[Muhammad Lutfi Hakim]]>;
<![CDATA[Sugianto Sugianto]]>;
<![CDATA[Asyharul Muala]]>;
<![CDATA[Khamim Khamim]]>;
<![CDATA[Habib Ismail]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
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DOI: 10.29240/jhi.v5i2.1817
<![CDATA[This article is aimed to explain the implementation of the premarital course, the constraints, and the effectiveness of the Regulation of Director General Bimas Islam No. DJ. II/542 Years 2013 concerning the Guidelines on the Implementation of the Premarital Course in the KUA Southeast Pontianak Sub-District. That is because KUA Southeast Pontianak Sub-District did not implement this provision optimally. The type of research the author uses is empirical legal research with a sociological-juridical approach. There are three research results in this paper. First, the premarital course in the KUA Southeast Pontianak Sub-District is held once a week. The resource person delivered four materials with the lecture and answer method, namely reproductive health, reproductive health, marital law, fostering sakīnah families, and the resilience of families. These materials are submitted by the Officers of the Health Service, Head, and the Functional Headman (Penghulu) KUA Southeast Pontianak Sub-District. After attending a premarital course, the bride candidate received a certificate from BP4. Secondly, there are two obstacles experienced by the KUA Southeast Pontianak Sub-District that have not fully implemented the Regulation of Director General Bimas Islam No. DJ. II/542 Years 2013, namely the absence of fees for the Speaker’s honorarium and yet to be present and the management of the leadership related to the implementation. Third, the guidelines for administering prenuptial courses have not been effectively implemented at KUA Southeast Pontianak Sub-District, because there are no derivative rules from these regulations (substance), the unreadiness of officials and employees in implementing them (structure), and the public’s assumption that prenuptial courses are only a formality (legal culture).]]>
<![CDATA[Kebijakan Pemerintah Indonesia dalam Pencegahan Penyebaran Corona Virus Disease 2019 (Covid-19) Perspektif Maqashid Syari’ah ]]>
<![CDATA[Ahmad Muhtadi Anshor]]>;
<![CDATA[Muhammad Ngizzul Muttaqin]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
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DOI: 10.29240/jhi.v5i2.1946
<![CDATA[This study aims to provide an overview of several Indonesian government policies relate to prevent the spreading of Covid-19 from the perspective of maqashid syari'ah. This is due to the spreading of Covid-19 in Indonesia which has had several negative impacts. One of the negative impacts is to pose a threat to human existence, namely threatening human life and life. This condition requires the Indonesian government to issue various policies as an effort to prevent the spreading of Covid-19. This study uses a qualitative method with discourse analysis that discusses the legal-socio-contextual side of Indonesian government regulations and policies related to the prevention of the spreading of Covid-19 from the perspective of maqashid syari'ah. The findings of this study show, first, that all Indonesian government policies in the context of preventing the spreading of Covid-19 are a manifestation of maqashid syari'ah, namely as an effort to protect human existence as well as the embodiment of personal and group interests. Second, the realization of mashlahah as the essence of maqashid syari'ah can be realized by the existence of cooperation between the central and regional governments and the community to comply with and implement all government policies as a whole.]]>
