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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 15 Documents

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Search results for , issue "Vol 7, No 1 May (2022)" : 15 Documents clear

Divorce and Its Impact on Custody of Minors Using Islamic Law Perspectives Siti Nurjanah
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to examine the factors that cause divorce in an Islamic country and how that affects the custody minors shares between parents from an Islamic perspective. This study focus on three main causes, adultery, economy, and the occupance gap. Furthermore, this research used interviews of 718 married couples 140 pairs are divorced in Kota Metro, a high rate of divorce region with a Muslim majority in an Islamic country (Indonesia). The results of this study show that Couples sometimes have to face problems in their domestic life, the emergence of problems in the household can be caused by many things including economic factors, and no sense of responsibility, differences in life outlook that can lead to household crises. The woman who will become a widow does not think about other people's views of her because she thinks this is her life and she is the one who goes through it all, it's just that there is guilt in her child when she has to divorce. He thinks about the impact of divorce that will arise on the psychological development of his child, he tries so that his child does not lose the love of a father.

Mut'ah Marriage Law in Perspective of Sayyid Husain Al-Thaba’thabaí and Their Relevance with Family Law in Indonesia Abd Qohar; Muhammad Zaki; Liky Faizal; Hilmi Yusron Rofi'i
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to examine Al-Thaba’thabaí 's thoughts on Mut'ah marriage and its relevance to family law in Indonesia. This research is a type of library research by descriptive-analytical approach. The primary data in this study are the Qur'an, Hadith, books by Al-Thaba’thabaí, the 1945 Constitution, Law Number 1 of 1974 concerning National Marriage Law, PP. Number 9 of 1975 as the implementing regulation of Law no. 1974, and INPRES No.1/1991 on the Compilation of Islamic Law (KHI). This study uses deductive thinking techniques and the data analysis uses maqashid sharia theory. The results show that Al-Thaba’thabaí 's thoughts on the permissibility of Mut'ah Marriages are not relevant to the purpose of marriage and the purpose of making legislation. As the purpose of making the law is the value of justice, usefulness, and legal certainty, besides the law is also made to create benefit in society. Al-Thaba’thabaí’s thought regarding Mut'ah Marriage must be rejected because it violates the values of the legal objectives, namely justice, benefit, and legal certainty, and also harms the values of benefit. To provide firmness to prohibit the practice of mut'ah marriage in Indonesia, it is necessary to amend Article 2 of Law Number 1 of 1974 concerning Marriage to "a legal marriage is carried out following their respective religions and registered following the legislation. invitation".

The Effectiveness of Mobile Court Implementation in Manado Religious Court Hasyim Sofyan Lahilote
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This article discusses the implementation of the mobile Court conducted by the Manado Religious Court. This research is qualitative field research using empirical legal methods. The aim is to determine the dominant factors that affect the effectiveness of the mobile court conducted by the Manado Religious Court. By using the Legal System theory proposed by Lawrence M. Friedman, the author tries to unravel the problems that often arise in the mobile court process. The results of the study indicate that there is a significant relationship between the knowledge and awareness of justice seekers who use the judiciary, especially the Religious Court. The success implementation of mobile courts is due to the coordination and readiness of judicial infrastructure, including efforts to socialize the practice of mobile courts to related agencies, which are enhanced to achieve the goals of implementation of the mobile court.

Development of the Shafi'iyyah Fiqh Thought Pattern and the Role of al-Nawawī as a Unifier Helmi Imran; Karimuddin Abdullah Lawang
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to find factors for the emergence and development of the Shafií School of legal thought and the role of al-Nawawī as a unifier of these thoughts. Legal thought in the Shafií school of thought at the beginning of the revival of the school was very diverse, so this also affected the legal analogy that developed between one region and another. This research is a qualitative research, in which the data were analyzed by using content analysis based on the text of the thoughts of the scholars. Based on the results of the study, it can be understood that the birth of various styles of thought in the Shafií school was caused by the different methods of thinking of the scholars from different regions in developing the Shafií school of thought, such as the areas of Iraq and Khurasan. Iraqi scholars prefer the riwāyah method while Khurasan scholars prefer the dirāyah method. In addition, each of these styles of thinking has advantages and disadvantages. The advantage of the Iraqi style is in the transmission of mazhab opinions and the rules of ijtihad, so that this style of thinking is considered stronger than Khurasan, while the Khurasan style lies in the systematic method of legal development, so that this style is considered better in legal development cases. The weakness of the Iraqi style of thought is in terms of takhrīj and tafrī’ compared to the Khurasan style, while the Khurasan style is weak in terms of the accuracy of the transmission of opinions compared to the Iraqi style. This has inspired the scholars who lived afterward, such as al-Nawawī (d. 676 H) to initiate the unification of these styles of thought. Therefore, al-Nawawī is seen as the most representative of the Shafi'iyyah scholars in developing the Shafi'i school.

The Legality of Smart Contract in the Perspectives of Indonesian Law and Islamic Law Munawar Munawar
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to determine the legal status of smart contracts from the perspective of Indonesian law and Islamic law through a comprehensive literature review. The revolution of the internet and smartphones has changed human life, as happens in smart contracts. This difference in character between smart and conventional contracts has not been fully anticipated by applicable law. That is why the urgency of fiqh renewal or reform of the law in the cyberspace era. Although smart contracts are still in their infancy, and there are still many critical issues that need to be resolved, the results of the literature research show that the smart contract has fulfilled the principles in the agreement/contract in Islamic law. According to the ITE Law, a smart contract can be interpreted as an agreement referred to in Article 1313 of the Civil Code, "an act where one person binds himself to one or more other people". Although this study is not sufficient, this needs to be elaborated from the perspective of Indonesian law. The most important things in smart contracts to comply with the Islamic law are: the sequence of processes in the smart contract must comply with Islamic law, the object being transacted must be halal, the perpetrators have complied with the provisions of the Islamic law, fixed price during the contract period and the number of parties involved in the contract may increase over time.

The ‘Urf Perspective of Maanta Bareh Pasaran: Reinforcing the Kinship System through a Local Wisdom in Nagari Balingka Nofiardi Nofiardi
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to explain the tradition of the Nagari Balingka community, Agam Regency known as maanta bareh pasaran seen from the ‘urf perspective. The study applied a qualitative method with a sociology and descriptive analysis approach. The findings of the study revealed that a niece; kamanakan, if she was married, she was obliged to perform the tradition by visiting the house of her Mamak, bringing the rice (bareh) and the cake (kue gadang) just in time before the Ramadhan as a way to maintain the bond and the relationship of the big family, the matrilineal system in particular. The tradition was in line with the ‘urf admitted in Islam. Referring findings of the study, it could be concluded that the maanta bareh pasaran tradition done by a niece to her mamak helped, in general, to maintain the relationship of every member of the family since there was a bit change of in the role of a Mamak in Minang, and in particular to prolong the matrilineal system. The tradition which was specifically carried out by the people of Nagari Balingka was in line with the ‘Urf perspective.

Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh Mulizar Mulizar; Asmuni Asmuni; Dhiauddin Tanjung
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Al-Istinbath: Jurnal Hukum Islam

This paper discusses the dynamics of punishment for khalwat perpetrators which is habitually inclined to implement the rule of law underlined in Aceh. The aim of this research is to analyze the provision of legal sanctions carried out by Acehnese for khalwat perpetrators based on the maqashid sharia perspective. This study was conducted by using empirical juridical research with law sociology approach, and the source of the main data was an interview which was completed by supporting data such as significant articles related to the khalwat cases in Aceh. The results of this study point out that normatively the provision of sanctions for khalwat perpetrators in Aceh are regulated into two forms, namely Jinayat Law Qanun, and the Development of Traditional Life and Custom Qanun. Each of these regulations has differences in the provision of law sanctions for the khalwat perpetrators that cause law dualism. Practically, the sanctions determined by Acehnese for the khalwat perpetrators are various depending on each region. There are four kinds of sanctions enforcement, namely; First: Jinayat Law Qanun, Second: Customary Law, Third: the sanction of punishment in the name of customary law, Fourth: persecution. Based on maqashid al sharia aspect, some of these punishments are considered not in accordance with sharia principles, law of persecution, and in the name of customary law. Indeed, these regulations tend to be decided arbitrarily and even followed by torture.

Model of Zakat Utilization in the Covid-19 Pandemic Era: Perspective of Maqashid Sharia Ramadhita Ramadhita; Sudirman Sudirman; Syabbul Bachri
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

The Covid-19 pandemic brought significant changes in human social life. One of the most affected sectors is the economy. One of the financial institutions that can be used to alleviate poverty is zakat. This article aims to describe the utilization of zakat in East Java province and analyze it using the principles of Maqashid Sharia. This article is based on empirical research using a conceptual approach. Primary data was generated from interviews with Badan Amil Zakat East Java, Yayasan Dana Sosial Al-Falah Malang, Nurul Hayat Malang, and Baitul Mal Hidayatullah Malang. This study shows that zakat management institutions have distributed productive zakat. There are three models of the productive distribution of zakat: the provision of Business Capital, Revolving Funds, and scholarships. Productive management of zakat can be maximized through mentoring and monitoring the program. Assistance to mustahiq beneficiaries can improve the quality of religious knowledge, reason, and economic income as stated in maqashid syariah.

Sex Recession Phenomenon from the Perspective Maqashid Sharia Based on Objectives Marriage Law in Indonesia Ibnu Elmi Acmad Slamat Pelu; Hilyatul Asfia; Jefry Tarantang; Akhmad Supriadi
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

The sex recession is an implementation of worries about household responsibilities. Marriage, which is supposed to be a requirement for the legality of sexual relations, has experienced a shift. Marriage is no longer considered an appropriate institution with a modern lifestyle in several not Muslim-majority countries. The objective of this research is to offer solutions to the problem of a sexual recession that some of the world's most developed countries are currently facing. This type of research is empirical-normative research. The data were sourced from official news reports and reputable journals that revealed the sex recession in developed countries, such as the United States, England, Australia, and Asian countries such as Japan, South Korea, Singapore, and China. The research was conducted using a phenomenological approach, a conceptual approach, and a philosophical approach. The results of this research show that the epistemology of marriage in Islamic law is a solution to overcome the sex recession during the Covid-19 pandemic. In an ideal world, the phenomena of sex recession may be handled by adopting Islamic law's epistemology in terms of marriage. Even Indonesian marriage law can dispel sex recession by building awareness and understanding of the nature of marriage (maqasid marriage), which is systemically capable of maintaining offspring, self-respect, and religion.

Alternatives to Criminal Conviction in a Comparative Analysis of Positive Law and Islamic Criminal Law Fauzan Fauzan
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to comprehensively analyze the concept of alternative punishment in a comparative study of positive law and Islamic criminal law. Currently, imprisonment is still the main choice, causing overcrowding in prisons in Indonesia. Sharp criticism and dissatisfaction with imprisonment have prompted the development of alternative punishments other than imprisonment that are in accordance with the purpose of punishment. This study is a type of qualitative research using data collection techniques through literature studies. The data used in this study was taken from secondary data from various literatures consisting of books, journals, mass media, news, social media related to alternative sentencing. The conclusion of this paper shows that in positive law, alternative provisions for punishment other than imprisonment have been regulated in the Criminal Code (KUHP) and other laws and regulations, including in the form of fines (compensation), rehabilitation sanctions for narcotics abuse cases, and settlement of criminal cases outside the court (APS) by prioritizing the principle of restorative justice, namely peace and forgiveness, for the perpetrators, victims and the community. In positive law, alternative punishment has an ideal concept with the aim of sentencing that leads to recovery, not retaliation. This paper also concludes that in the concept of Islamic criminal law, the provision of alternative punishments contains the principles in maqashid sharia, namely in maintaining religion (al-dîn), soul (al-nafs), offspring (al-nasl), property (al-mâl) and reason (al-aql).

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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

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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

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