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[Islam and Medicine: A Study on The Fatwa of Indonesian Ulama Council on Vaccines ]]>
<![CDATA[JM. Muslimin]]>;
<![CDATA[Rizky Fauzi Iskandar]]>;
<![CDATA[Yulia Fatma]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v6i1.2496
<![CDATA[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.]]>
<![CDATA[Jalb Masalih Izzuddin dan Relevansinya dengan Fatwa NU Terkait Shalat Jumat Masa Pandemi Covid-19 ]]>
<![CDATA[Muhamad Agus Mushodiq]]>;
<![CDATA[Abdul Ghofur]]>;
<![CDATA[Ahmad Mukhlishin]]>;
<![CDATA[Haris Santoso]]>;
<![CDATA[Muhyidin Thohir]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v6i1.2193
<![CDATA[This paper aims to explore Izzuddin’s jalb masalih concept and its relevance to the NU’s fatwa related to Friday Prayers during the Covid-19 pandemic. The authors use qualitative research with content analysis. The results of this study are. First. Izzuddin’s maqasid syari'ah leads to jalb masalih which also includes the concept of dzar'u mafasid. Second, Izzuddin integrates imanyah and ilmiyyah in the basic aspects of jalb masalih argumentation. Third, Izzuddin uses the two terms dzarury-hajiy-takmiliy and aliyat-mutawasitat-daniyat as levels of masalih and mafasid. The level of maslahah is influenced by differences in place and time. Fourth, dalil syara is used as the basis of the maqasid of the hereafter and logic, dzan, experiment, and habit as the basis of the maqasid of the world life. Fifth, the authors see the relevance between the results of the NU’s fatwa related to Friday Prayers during the Covid-19 pandemic and the concept of the jalb masalih conceptualized by Izzuddin ibn Abd Salam. The author's criticism is on the information about worship in the yellow zone where there should be a firmness in allowing Friday Prayers to comply with legal health protocols that are carried out based on WHO health recommendations and the rules of Izzuddin’s maqasid, Seventh, there needs to be a basis for differences in worship based on zone quality in the fatwa of Friday prayer. The conclusion obtained is the need for the adjustment of the NU Fatwa with the paguyuban Indonesian culture]]>
<![CDATA[Publikasi Mimpi Bernuansa Politis di Tengah Antisipasi Radikalisme dalam Kajian Sadd al-Dzari`ah ]]>
<![CDATA[Busyro Busyro]]>;
<![CDATA[Hanif Aidhil Alwana]]>;
<![CDATA[Ismail Ismail]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i1.2530
<![CDATA[This paper questions how to respond to the publication of political dreams in relation to efforts to reduce radicalism in Indonesia according to Sadd al-Dzari'ah's study. This research is qualitative in nature and its presentation uses descriptive analysis method. Publication of dreams is a common thing in society, moreover dreams that are disseminated are good dreams. However, sometimes the publication of a dream, according to people who experience it, is suitable for public consumption, on the other hand it may have an impact on the emergence of radicalism in a country. An example that recently occurred was the dream of Haikal Hassan who met Rasulullah SAW regarding the shooting of the Islamic Defenders Front (FPI) laskar by the police in Mega Mendung, West Java. The publication of this dream seemed to have political nuances and caused turmoil among the FPI, because in this dream Rasullullah SAW seemed to blame the police for handling the FPI laskar and on the contrary defending the FPI laskar who was killed. This paper concludes that the act of publishing dreams which was previously immutable is not permitted if the publication creates a radicalism movement that may threaten the integrity of the country. In the study of siyasah syar'iyyah, security and public order (maslahah) is a very important part of state politics. Therefore, according to Sadd al-Dzari'ah's study, the legal position of publishing dreams, which has so far been converting, can become haram if it causes harm to a country.]]>
<![CDATA[Pendekatan Interdisipliner dalam Studi Hukum Islam Perspektif M. Atho Mudzhar ]]>
<![CDATA[Ngainun Naim]]>;
<![CDATA[Qomarul Huda]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v6i1.2253
<![CDATA[Islamic law studies are having a complex dynamic. One of the complexity aspects is related to Islamic law which is increasingly dynamic and has a comprehensive scope. It takes an approach that not only monodisciplinary or multidisciplinary but also interdisciplinary to providing solutions to issues. This article uses a literature review and content analysis, seeks to explain the significance and application of interdisciplinary approaches in Islamic law studies. Based on the sociological Islamic law approaches of M. Atho Mudzhar which delivers insights on exceptionality of Islamic law issues and serve a contribution of Indonesian scholar to the triumph of Islamic studies. This article argues that interdisciplinary approaches made a significant academic contribution to Islamic law studies. Its approach is better than the monodisciplinary in the context of answering contemporary issues.]]>
<![CDATA[Pemikiran Ibrahim Hosen Tentang Konsep Pernikahan dan Kontribusinya Terhadap Pembaruan Hukum Perkawinan di Indonesia ]]>
<![CDATA[Widya Sari]]>;
<![CDATA[Muhammad Arif]]>;
<![CDATA[Elkhairati Elkhairati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i1.2540
<![CDATA[This paper aims to examine Ibrahim Hosen's thoughts on the meaning and purpose of marriage and his contribution to the reform of marriage law in Indonesia. How Ibrahim Hosen's thinking about marriage is limited to the definition and purpose of marriage, how various thoughts exist and how the contribution of Ibrahim Hosen's thoughts to reforming marriage law in Indonesia is the problem of this research. This is a library research. The data analysis method used is content analysis. As a result, the definition of ownership in the marriage contract according to Ibrahim Hosen is not a contract to have a wife's body, making a wife an object by the husband. However, the right of ownership in the definition of marriage means the right to have the use of the husband against the wife, in addition to the haram husband who feels the pleasure of the wife. Based on this, it can be concluded that there is no patriarchal element in the definition of marriage as explained by the fiqh scholars. Ibrahim Hosen explained that marriage in Islam aims to build a prosperous household full of sakinah, mawaddah, and mercy. Therefore, linking the husband's obligation to provide for his wife with tamkin is clearly not right, because it seems as if the purpose of marriage is just a matter of sex. This thinking must be corrected by conducting a review, because the obligation to provide a living takes effect after the marriage contract occurs. Therefore, the provisions of Article 80 paragraph [5] KHI related to the relationship between husband and wife and tamkin, need to be revised.]]>
<![CDATA[Jual Beli Tanaman Monstera Adansonii di Indonesia Perspektif Hukum Islam ]]>
<![CDATA[Busra Febriyarni]]>;
<![CDATA[Miti Yarmunida]]>;
<![CDATA[Musda Asmara]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v6i1.2469
<![CDATA[This study aims to analyze the sale and purchase of Monstera Adansonii plants in Indonesia according to Islamic law. This research is motivated by a phenomenon that occurs in Indonesian people buying and selling ordinary ornamental plants Monstera Adansonii at fantastic prices, even though these plants are not difficult to obtain, are not difficult to maintain, nor do they have extraordinary intrinsic value. The phenomenon of soaring crop prices is influenced by inflated prices by unscrupulous sellers and several parties they cooperate with and use good strategies so that the price of this plant soars (irrational). This study used a qualitative descriptive method, the data sources used were phenomena that occurred in the field and some news on the internet about the phenomenon of buying and selling Monstera Adansonii plants, the data analysis used deductive analysis. The result of this research is the sale and purchase of Monstera Adansonii plants which contain elements of fasid legal price engineering, even though they meet the principles and requirements of buying and selling in Islam, because there is an element of fraud by manipulating prices. This buying and selling includes buying and selling which is prohibited in Islamic law because it is included in the sale and purchase of najasy. From the maqashid syari’ah, buying and selling of monstera adansonii plants is included in the necessity of tahsiniyayyat, because this sale and purchase is not to meet primary or secondary needs and is in the ishraf category (excessive attitude in spending assets).]]>
<![CDATA[Eksistensi Hukum Islam dalam Sistem Waris Adat yang Dipengaruhi Sistem Kekerabatan Melalui Penyelesaian al-Takharujj ]]>
<![CDATA[Laras Shesa]]>;
<![CDATA[Oloan Muda Hasim Harahap]]>;
<![CDATA[Elimartati Elimartati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v6i1.2643
<![CDATA[The purpose of this study is to find out how much the existence of Islamic law in the indigenous heir system influenced kinship systems through peaceful paths and some used al-takharuj settlement. Using the method of research of library studies sourced from many library references both electronic literature and nonelectronics. Analysis with qualitative and inductive techniques, so it can draw conclusions that corroborate normative values. The results of the study revealed that the resolution of inherited problems in the indigenous heir system remained concerned with the decisiveness of Islamic heirs through the path of settlement of al-takharujj and there were also those based on the principle of Islah. It is also in line with what is embraced in the Compilation of Islamic Law in article 183 on the heirs' agreement with peace in terms of the division of the estate. In its settlement there is one first described about the legally divided division of Islam then shared inheritance customary. Yet some are directly shared directly in customary heirs although it has not been described in an Islamic heir but still uses the principle of ishlah. Thus Islamic law remains recognized its existence in the settlement of customary inheritance although in its implementation it is not carried out thoroughly.]]>
<![CDATA[Maqasid al-Syari’ah dalam Penegakkan Hukum Lalu Lintas di Indonesia ]]>
<![CDATA[Busriyanti Busriyanti]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i1.2470
<![CDATA[The high number of traffic accidents in Indonesia occurred because the traffic law enforcement does not run optimally. This paper tried to explore the rules regarding the traffic that have been contained in the form of Law no. 22 of 2009 concerning Road Traffic and Transportation and other regulations from an Islamic legal point of view, especially through the study of maqashid al-shari’ah. The maqashid al-shari’ah approach is used as an approach because maqashid explains the wisdom behind the rules of Islamic shari’ah. The maqashid approach used by the author in this paper is the maqashid classification used by Jamaluddin al-Athiya which divided maqashid into four domains, they are maqashid al-shari’ah in the individual realm, maqashid al-shari’ah in the family realm, maqashid al-shari’ah in the realm of the ummah and maqashid al-shari’ah in the realm of humanity. It can be concluded that law enforcement in traffic matters in Indonesia is in line with the objectives of maqashid al-shari’ah relating to maqashid al-ummah, especially in terms of maintaining stability, security, and justice. Regulations concerning traffic order are matters of the nature of dharuriyyat at this time because the existence of rules regarding traffic will protect matters that are essential in human life, they are religion, soul, mind, descent, and property. ]]>
<![CDATA[Ayat-Ayat Hukum dalam Alquran Mengatur Hubungan Sesama Manusia ]]>
<![CDATA[Hendrianto Hendrianto]]>;
<![CDATA[Lutfi Elfalahy]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i1.2719
<![CDATA[This study aims to reveal the legal verses in the Koran, especially the legal verses about human relationships (habluminannas) that have been written in the Koran, as a guide or reference for Muslims. Especially in the case, the number of verses regarding muamalah law is relatively small, especially when compared to the law verses on worship. While the development of life seems to continue to change. while the verse has no changes and additions. This research was conducted with literature study, data collection techniques using documentation techniques with data analysis, namely content analysis. The results show that the verses of muamalah law are classified into 7 (seven) sections, including those related to family law, civil law, criminal law, procedural law, administrative law, economic law, and finance. The verse of law regulates fellow human beings or muamalahs which provide little opportunity for Muslims to implement muamalah activities in accordance with the guidelines contained in the Koran and Hadith, if not explicitly explained it is supported by other legal products such as ushul fiqh and kaedah- fiqh principles.]]>
<![CDATA[Peran Dispensasi Kawin dalam Peningkatan Angka Pernikahan Dini di Wilayah Kotamadya Jakarta Barat ]]>
<![CDATA[Melinda Rahmawati]]>;
<![CDATA[Heni Ani Nuraeni]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v6i1.1578
<![CDATA[The purpose of this research is to know role of dispensation of marriage in the rise early married in West Jakarta. One of selection problem in Indonesian civilization as generally until now unfinished is early married. In national regulation, there are exclusion of wedding registration or “dispensation of marriage” for candidate mate that by the law not eligible to married. Dispensation of marriage now made reason to registration of the wedding for candidate mate mentioned. Research methods are qualitative-explanative method which is source from reference about increase in population rate and marriage regulation. Generative approach who gave identification in detail about role of Dispensasi kawin in improvement early married in West Jakarta. The result of research is known dispensation of marriage currently as opportunity in the rise early married rates in West Jakarta. The conclusion of this research is dispensation of marriage the truth used to last option urgent for the sake of mutual benefit, now as opportunity to give legality on early married.]]>
