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Al-Istinbath: Jurnal Hukum Islam
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
The Urgency of Ahlus Sunnah wal Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic Wahyu Abdul Jafar; Musda Asmara
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1071.09 KB) | DOI: 10.29240/jhi.v7i1.4153

Abstract

This study aims to determine the urgency of Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic. This study is literature research, which uses documentation techniques in collecting research data. At the same time, the analysis technique used in this research is the descriptive inductive technique. After conducting in-depth research, a conclusion was found that ahlus sunnah wal jamaah Based Islamic Jurisprudence is urgently disseminated and practiced. Ahlus sunnah wal jamaah Based Islamic Jurisprudence can be a strong binder of unity and integrity because there are ahlus sunnah wal jamaah Based Islamic Jurisprudence values of hubul wathon (love of the homeland), unity, and tolerance among religious believers. This teaching is more accepting of the differences in the broader community than radical and liberal Islam teachings, which divide the unity among Muslims and often create commotion and quarrels in society. Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence can block Islamic sharia that deviates and leaves the corridor of the principle of tasriul ahkam, namely realizing the benefit of human life. The benefit will be easily realized if in a country the people are united, in harmony, live in peace, and are not hostile to each other.
Urf Review of The Practice of Gold Marriage Mahar in The Community of Tanjung Senang District Bandar Lampung Efrinaldi Efrinaldi; Jayusman Jayusman Jayusman; Shafra Shafra; Nurfatati Nurfatati
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (870.824 KB) | DOI: 10.29240/jhi.v7i1.4085

Abstract

This study aims to reveal and analyze the practice of marriage dowry in the form of gold in the people of Tanjung Senang District, Bandar Lampung in the perspective of 'urf. The method used in this research is a descriptive analytical field research. Primary data in the form of interviews with the community in Tanjung Senang District, Bandar Lampung, then supplemented with secondary data. The results of this study indicate that: the tradition of the people of Tanjung Senang District, Bandar Lampung, it appears that the dowry in a marriage must be in the form of gold, whereas in Islamic law the form of the dowry is not determined in marriage, everything that has value can be used as a dowry. For the people here, dowry other than gold is considered unusual, the tradition of dowry in the form of gold is inherent, this tradition is considered good, it does not conflict with Islamic law, and brings benefit to society in general. This tradition is a form of love and affection, sincerity, and responsibility for the prospective husband to his prospective wife. The nominal is related to the level of education, social status, ethnicity, and profession based on the agreement of the parties. The conclusions of this study are: in the perspective of Islamic law, by referring to the rules of urf, that is to see the traditions/customs that have been attached to the community, and to see the philosophy of the practice of giving dowry as a form of appreciation for the social status of a woman, with the practice of giving this dowry is to achieve a benefit between the two prospective brides and even between large families, then it is not against Islamic law.
Zakah and Waqf for Cryptocurrency in Islamic Law Muhammad Al Ikhwan Bintarto; Yudi Setiawan; Muhammad Uwais Alqarni; Faishal Hilmi
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (855.843 KB) | DOI: 10.29240/jhi.v7i1.4229

Abstract

Cryptocurrency is a virtual currency based on block chain. Yet, some countries forbid it as a means of payment in transactions. It can only be used as diversification in investment. In fact, cryptocurrency is a liquid asset even though it fluctuates. In Islam, there are different views whether cryptocurrency can be assets or can be zakah, infaq, sadaqah, and waqf. The object of this study is to answer whether the crypto can be al-amwal azzakawiyah or something that can be zakah and waqf which can be maslahah for the society. Another purpose of this research is to enlighten about zakah and waqf managers on what cryptocurrency is for. The theory used is the theory of zakah and waqf in Islam. This is a qualitative study with a conceptual approach and an Islamic law approach. The result of this research is that cryptocurrency can be said as wealth or al-maal that can be zakah, infaq, and waqf because it has fulfilled several requirements to be classified as wealth or al-maal in Islam.  Zakah calculation of crypto currency must exceed the nisab 2,5% equivalent to 85 grams of gold, the owned can already be an object of zakah.
Dharar as a Reason for Divorce Lawsuit in Fiqh and Legislation of Some Muslim Countries: Study on Indonesia, Bahrain, Sudan, Qatar, and Morocco Ali Trigiyatno; Sutrisno Sutrisno
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (783.929 KB) | DOI: 10.29240/jhi.v7i1.3368

Abstract

This paper aims to explain dharar as a reason for divorce in the legislation of five Muslim countries, namely Indonesia, Bahrain, Sudan, Qatar, and Morocco. The five countries were chosen with consideration of representing the Sunni Islamic School and one Shia Islamic School. The approach used is a normative approach combined with a comparative method of the law. Primary legal materials are acts and other legislation relevant to the topic of discussion. The results show that the five countries equally provide room for divorce for the wife if she is experiencing dharar, the judge or hakam is obliged to reconcile the two disputing spouses, dharar includes physical and psychological, and the accusation must be proven using evidence generally applicable in procedural law. As for the difference, only Indonesia emphasizes cruelty and physical abuse, while other countries are general. Morocco is the most complete in regulating dharar as a reason for divorce and has several specifics such as violating the marriage agreement which is categorized as dharar. Morocco also regulates compensation due to ḍarar suffered by the wife, while the other four countries do not discuss it in their family law.
The Epistemology of MUI’s Fatwas on Covid-19: Bayani and Burhani Eclecticism Zainul Mun'im
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (859.984 KB) | DOI: 10.29240/jhi.v7i1.3216

Abstract

This article aims to analyze the legal epistemology used in MUI’s fatwas related to Covid-19. This article focuses on the MUI’s fatwas on the Implementation of Friday and Congregational prayers to prevent the Transmission of the Covid-19 Pandemic and the Fatwa on Guidelines for managing the body (tajhiz al-jana'iz) of a Muslim infected with the Covid-19. This study is library research with qualitative methods. This article shows that MUI uses two epistemologies in its fatwas. The first is the epistemology of bayani, which is mainly derived from the authority of the Quran and Sunnah. This epistemology serves to establish the principle of law in the fatwa. The second is the epistemology of burhani, which is based on rational-empirical arguments. This epistemology serves to find out how dangerous the Covid-19 virus is. The two epistemological branches used by MUI above are an attempt to combine textual and rational-empirical arguments. Based on the eclecticism of these two epistemologies, the fatwa issued by MUI is more in line with the realities of today's life, especially regarding the reality of health during the pandemic of Covid-19.

Page 2 of 2 | Total Record : 15

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