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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 2 November (2022)" : 15 Documents clear

Sharia-Based Customs in Unregistered Marriage Rules (Case Study in Rambatan Village, West Sumatra) Muhammad Khalilurrahman; Eficandra Eficandra; Dodon Alfiander
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the view of Islamic law. The type of research conducted was field research. Primary data sources were Ninik Mamak, Wali Jorong, Religious Counselors, perpetrators of unregistered marriages, and their relatives. Secondary data sources were books and journals about marriage, customs, Islamic law and Positive law. The data were collected through semi-structured interviews and documentation techniques. Data analysis and interpretation techniques were data reduction, data presentation and conclusions. The technique of guaranteeing the validity of the data was by triangulation of sources. The results of the study indicate that the cause of the birth of customary rules was because they were not in accordance with Islamic teachings, positive law, and were considered a disgrace to the people. Forms of sanctions for the perpetrators of this unregistered marriage were expelled from the Nagari, if they were not pleased then paid a fine for slaughtering a goat, and if they did not want to do it, then they were set aside as long as the custom. Those who paid the fine had to do so in public and apologized to Ninik Mamak. Of the 11 pairs who performed unregistered marriages, 7 pairs were expelled from Nagari, 2 pairs paid a fine for slaughtering a goat, and 2 pairs were set aside from the custom. This rule is in line with sadd al-zari'ah principles in Islamic law.

Utilization of Land Pawning Objects in Minangkabau in The Perspective of The Scholars of Schools of Thought Ilda Hayati; Fathurrrahman Djamil; Busman Edyar
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to explain the practice of pawning in Sariek Laweh, the law on the use of land pawning objects in Minangkabau from the perspective of Islamic scholars, and the solutions of pawning. This research is a field study using a normative approach, which is analyzed using a comparative descriptive method. The results of the study are: that in general, pawning in Minangkabau is carried out with the ability to use the object of land pawning and to take all the proceeds by the pawn holder. This applies until the mortgagee is able to pay off the debt. Scholars have different opinions regarding the use of pawn objects by pawn holders, the majority (jumhur ulama) forbid it. The second opinion (minority) says that it is permissible to take advantage of the pawn object, but there are still provisions in this matter. Based on the findings of this study, the practice of pawning in Sariek Laweh is not in accordance with the provisions of the Islamic Sharia which are seen from various schools of thought, apart from the element of exploitation of the pawn holder, the mortgagee does not receive any compensation from the goods used, other than fixed loan funds which must be paid according to the amount of the initial loan, without any reduction, also because there are conditions for taking benefits included in the contract, all schools of thought agree that this practice is not permissible. Regarding the pawning solution, it is in the form of musyarakah between the pawn holder and the owner of the pawn object. The pawn holder processes and takes the proceeds with a sharing system with the land owner.

Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought Ariyadi Ariyadi; Gusti Muzainah; Alfiandri Setiawan; Athoillah Islamy; Adib Susilo
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.

Maqasid Sharia Perspective in Changes the Marriage Age Limits for Women According to Law Number 16 of 2019 Darlin Rizki; Frina Oktalita; Ali Sodiqin
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This study analyzes the changes to Law no. 16 of 2019 on Law No. 1 of 1974 concerning the age limit of marriage. There are various responses in society, socio-cultural clashes and even religion cannot be avoided, where this situation is increasingly difficult to achieve the goal of marriage. This raises the question, why is it necessary to rearrange the age limits for marriage, and what background causes it? This study uses the maqasid sharia approach with the System theory of Jasser Auda. This type of research is descriptive qualitative using the maqasid sharia approach. The object of study is Law no. 19 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. This study uses secondary data from two sources. First, the primary source is taken from the text of the Law and the Decision of the Constitutional Court. Second, secondary sources such as books, journals, reports, magazines, newspapers, and so on. Then the data are interpreted and analyzed descriptively. The results of this study showed that the determination of changes to the law regarding the age limit for marriage can be classified into the interests of al-dharurriyah (primary), which are important and must be fulfilled to achieve the goals of sharia, namely safety. The analysis of maqasid sharia with six subsystem features explains that protected interests are closely related, which are related to one another, representing age differences in marriage, which is a form of discrimination. The scope of the provisions on the age limit for marriage is classified as maqasid ‘ammah, because it covers all the interests of women in Indonesia. Also, as maqasid khassah, legal protection from the fulfillment of basic rights and constitutional rights as citizens. The level of dharuriyah does not always have the implication of obligatory syar'i (causing sin) but only until obligatory hukm (must), because the legal provisions are explored by mujtahids and are based on the absence of qat'y texts on this issue.

I'adah al-Nadzr (Reconsideration): A Critical Comparative Study between Indonesian Law and Saudi Arabian Law Perspectives (Fiqh Murafa’at) Islamul Haq; Muliati Muliati; Muhammad Majdy Amiruddin; Nur Misyuari Maddolangeng; Hamza Abed Al Karim Hammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this study was to ascertain the murafa’at fiqh (Saudi Arabian Law) and the Indonesian Criminal Procedure Code's perspectives on a convict's plea for i’adah al-nadzr (reconsideration). This was a normative juridical inquiry, which entailed poring over relevant material to gather data, assess content, and draw similarities between positive law and Islamic criminal law. The findings of this study indicated that review in positive law, referred to in Saudi Arabia's murafa’at fiqh as i’adah al-nadzr/al-muhakamah, attempted to ensure legal justice and judge justice in their rulings. There were parallels between positive law and murafa’at fiqh in terms of the justifications for filing reconsideration. There were, however, distinctions regarding the giyabi case as a basis for submitting reconsideration. In Saudi Arabia's murafa’at fiqh, the reconsideration application in the giyaby case could be accepted, although positive law did not cite the giyaby ruling as a reason to seek reconsideration. Positive law, on the other hand, provides for the possibility of resistance (verzet) if the defendant was not present in court and has not protested Verstek's ruling. Another parallel between positive law and Saudi fiqh murafa’at was seen in the reconsideration application regulations, which prohibited suspending the execution of rulings. However, the researcher notes that this rule cannot be applied universally.

The Analysis of the Decisions of the Sharia Court Judges on Child Rape Cases in the City of Langsa Muzakkir Muzakkir
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This study analyzes of the Decisions of the Sharia Court Judges on Child Rape Cases in the City of Langsa Number 33/JN/2021/MS.Lgs, which gave a prison sentence for perpetrators of raping biological children, this type of research is qualitative using empirical normative legal methods (application) that will analyze the written law and apply it at the time of the case. Research is a type of normative research using a case approach; the primary data source is in the form of a first-level decision that was tried by the Mahkamah Syar’iyah of Langsa City Number 33/JN/2021 /MS.Lgs, as for the research findings, the judge gave a decision based on the Qanun Jinayat with a fine of 165 months in prison because the victim in his request to be tried by the Qanun jinayat. The things that burden the uqubat for the perpetrators are: The defendant's actions did not support the Aceh Provincial government's program in enforcing Islamic Shari'a in Aceh Province; The Defendant's actions caused anxiety and damaged the future of the Victim's Child; The defendant is the biological father of the victim's child who is supposed to protect and guide the victim's child; and while the mitigating factors for the perpetrator are that the defendant is polite at trial and has never been convicted.

Fatwa Lajnah Bahtsul Masail NU Concerning Istibdâl Wakaf and Their Relevance with Renewal of Islamic Law Nurjanah Nurjanah; Rahmatsyah Rahmatsyah; Ali Mutakin
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This article aims to describe the views and arguments of NU scholars in responding to the concept of istibdâl waqf through the fatwas issued by Lajnah Bahtsul Masail (LBM-NU), and their relevance to Islamic law reform. The concept of istibdâl is basically one way that can be used by policy makers in managing waqf land so that it remains productive. However, the concept of istibdâl has not been fully accepted by scholars. In general, the responses of scholars regarding the concept of istibdâl can be grouped into two. The first group strictly prohibits istibdâl, and the second group allows istibdâl but with strict conditions. The difference is more due to the tendency of the principle that is the weight, namely the principle of eternity (ta’bid al-ashl) and the principle of expediency (tasbîl al-manfa’ah). This research is a normative legal research because it examines the legal provisions, arguments and arguments used. The approach used is a conceptual approach. Primary data sources are fatwa texts issued by NU scholars, while secondary data sources are scientific books, articles, journals, laws related to this research. This study shows that NU scholars allow the practice of istibdâl with agreed terms, namely the existence of disadvantages contained in the waqf object so that the waqf property is in an emergency condition that must be saved. The argument is that the concept of benefit is the spirit of maqâshid syari’ah (the purpose of syari’a), where the value of benefit in istibdâl practice is far greater than its harm. The concept of benefit which is the argument in the fatwa is in accordance with the spirit of reforming Islamic law.

Cultured Meat for Indonesian Muslim Communities: A Review of Maslahah and Prospect Hudzaifah Achmad Qotadah; Ali Chamani Al Anshory; Adang Darmawan Achmad; Ma’isyatusy Syarifah
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Al-Istinbath: Jurnal Hukum Islam

The aim of this study is to examine the concerns surrounding cultured meat and the obstacles it presents in terms of halal issues, particularly for Muslim communities in Indonesia. The production of cultured meat is currently being heralded as one of the most significant advances of this century. Cultured meat is something that is made in a lab using techniques from bioengineering. Although it is not raised on farms like traditional meat, it shares many of the same biological similarities. This innovation still confronts several obstacles, such as the halal issue, which is still discussed by many Muslim academics, including those in Indonesia. A full qualitative method was employed, which was based on library research to investigate the stated problems, and all the findings were analyzed descriptively. The findings of the study have revealed that, despite various different arguments from Muslim academics’ perspectives regarding the halal status of cultured meat, it will be wiser if the related authorities as well as religious institutions join forces to examine the halal status of cultured meat. Once cultured meat is recognized as halal, it will provide more significant benefits, particularly for Muslim communities in Indonesia. It is also taken into consideration that cultured meat may have the ability to overcome global problems associated with the environmental implications of meat production, animal welfare, food security, as well as human health, or in other words it can offer certain mashlahah in comparison to traditional meat production.

The North Sumatra MUI’s Fatwas on Zakat: Analysis of Fatwa Methods and the Influence of School Thought Heri Firmansyah; Pagar Pagar; Muhammad Amar Adly
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Al-Istinbath: Jurnal Hukum Islam

This paper examines the methodology of the North Sumatran MUI fatwas, especially those are relating to the influence of schools on the North Sumatran MUI fatwas related to the issue of zakat from 2000-2010. There are 3 samples of fatwas used in this study, namely: first, the fatwa on the law of issuing zakat fitrah with money (qimah) and the amount, second, on the law of paying zakat not to amil and third, the fatwa about zakat on agriculture and plantations. The method used is content analysis. In the study, it was found that from a methodological, the North Sumatra MUI in finding the fatwa law used three theories, namely bayani, ta'lili and istislahi. On the issue of the influence of schools of thought, in the fatwa of the North Sumatran MUI, it was found that the fatwa of the North Sumatran MUI was influenced by various schools of thought and not dominated by a particular school. In this study influenced by the Hanafi, Shafi'i and Hanbali schools. Although the North Sumatran MUI considers the importance of school thought to be taken into consideration, it does not mean that the North Sumatran MUI does not dare to leave the school of thought and issue new laws that come out of the school of thought by using various methods which in this study use the talfiq method.

Siyasah Syar’iyah Paradigm of Hajj Financial Management Regulation in Indonesia Muhammad Aziz Zakiruddin; Kamsi Kamsi; Ahmad Bahiej
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this study is to describe the policies taken by the government in the financial management of Hajj in Indonesia through the siyasah syar'iyah paradigm. The questions that arise in this study are regarding the role of the state in the management of Hajj finances and how the policies of Hajj financial management in Indonesia are in the perspective of siyasah syar'iyah. This research is a library research, with a normative legal research method that uses the siyasah syar'iyah approach. After conducting in-depth research, it was concluded that the government in this case through the BPKH seeks to carry out its role in the field of the 'ala al-hajj and Maliyah areas by building the management and investment of hajj funds that are in line with the siyasah syar'iyah, so that the policies that have been implemented by the government in managing the hajj funds include: the initial deposits, the efforts to maintain the value of BPIH, as well as the placements in Islamic banks. It is an effort to achieve Maqasid Syariah, namely the values of benefit that are specifically for the Hajj pilgrims and the community in general which are the government's goal in this policy.

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Musda Asmara

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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