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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 2 November (2022)" : 15 Documents clear
Interfaith Marriage: Subjectivity of the Judge in Determination of No. 454/pdt.p/2018 Surakarta District Court Diana Farid; Muhammad Husni Abdulah Pakarti; Hendriana Hendriana; Iffah Fathiah
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (728.312 KB) | DOI: 10.29240/jhi.v7i2.4574

Abstract

This research discusses mixed marriage which is very controversial in society, even though most religions have prohibited the practice of mixed marriage. In Decree No. 454/Pdt.P/2018/PNSKt. The judge allowed the marriage of someone of a different religion, even though the Marriage Law clearly does not regulate and returns to the laws of each religion. HKI (Compilation of Islamic Law) prohibits the practice of interfaith marriage as stated in Article 40 letter c. This study aims to analyze the judge's considerations in granting or rejecting interfaith marriages with the applicable laws in the marriage law and KHI (Compilation of Islamic Law). The research method used is qualitative (library research) with a normative legal approach as an analytical tool to describe existing problems and gain insight. The results of this study indicate that the determination of interfaith marriages in Decision No. 454/pdt.p/2018, it is only the subjectivity of judges in interpreting Article 2 (1) of the Marriage Law and legalizing interfaith marriages which are in stark contrast to the Compilation of Islamic Law which has been in force in the Religious Courts in Indonesia.
The Concept of Baligh Perspective of Fiqh and Positive Law Ibnu Amin; Lendrawati Lendrawati; Faisal Efendi; Hertasmaldi Hertasmaldi
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1044.843 KB) | DOI: 10.29240/jhi.v7i2.5268

Abstract

This paper aims to elaborate the concept of baliqh from the perspective of fiqh and Positive Law in Indonesia as the fuqaha's opinion about baligh and adult in Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, Law No. 24 of 2013 concerning Population Administration and Law No. 35 of 2014 concerning Child Protection. The research method used is a literature study by tracking, comparing and analyzing doctrinal normative law through a qualitative approach in content analysis about baligh and adulthood. The results of the research revealed that baligh in fiqh with the rusyd benchmark when referring to the signs of puberty, namely ihtilam (wet dreams for men), menstruation (for women), hair growth around the pubic and age ranges from 15 to 19 years. Whereas, in the Indonesian Positive Law, adults are classified based on interests, namely adults for marriage age limit of 19 years for men and women, adults to have population administration (KTP), driver's license and have political rights at the age of 17 years. To determine the limit of children, notary position and citizenship age 18 years while income tax, free from guardianship and recognized as labor at the age of 21 years. The determination of the limits of puberty and adulthood is included in the category of mashlahah 'ammah, namely the general benefit that concerns the interests of many people.
The Problems of Siri Marriage for Women in Tambang District, Kampar Regency: A Gender Swot Analysis Study Jumni Nelli
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (790.934 KB) | DOI: 10.29240/jhi.v7i2.4740

Abstract

This paper aims to reveal the problems of sirri marriage, and find a solution. Sirri marriages, which are considered religiously valid, have caused many problems that have an impact on women's losses. But there are still many women who are comfortable doing it. This study used a SWOT gender analysis data analysis. The results of this study revealed that in general sirri marriages were carried out for reasons of wanting to obtain religious legitimacy, so as to create inner peace, at least avoiding immoral acts. The basic problems felt by women who do unregistered marriages are psychological problems and mental stress as a result of legal uncertainty about their marital status. Seeing more weaknesses and threats that occur in sirri marriages, then the existing advantages will not be able to overcome the problems faced unless they take advantage of existing opportunities, namely itsbat nikah. According to Islamic marriage law, if the consequences of marriage are known to be strongly suspected of causing harm, then the law is haram. Furthermore, it is necessary to enter registration as a condition for a valid marriage.
Khiyar in Buying and Selling Online Based on the Fiqh Perspective Dwi Novita; Luthfi El-Falahi; Haris Maiza Putra
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (757.52 KB) | DOI: 10.29240/jhi.v7i2.5232

Abstract

The problem of fiqh continues to develop toward the progress of the times, the purpose of this study is to examine the comparison of fiqh about buying and selling connected between the concept of fiqh in Islam and buying and selling online. The method in this study uses a qualitative method with literature or library research. The research materials were obtained from the books, scientific journals, and the internet related to fiqh comparisons about buying and selling. The results of the study showed that Islam clearly regulates buying and selling, related to online buying and selling in the form of e-commerce through online buying and selling applications, it is legal as long as the business does not contain prohibited elements. Online sales transactions where the goods are only based on the description provided by the seller are considered valid, but if the description of the goods does not match then the buyer has the right of khiyar which allows the buyer to continue the purchase or cancel it. The practice of khiyar in e-commerce transactions can be seen in the form of the consumer's ability to return goods, returned goods can be exchanged for similar goods or ask for a refund that has been paid.
The Majelis Ulama’s Fatwa on Freedom of Expression On Social Media: The Perspective of Maqashid Sharia Danil Putra Arisandy; Asmuni Asmuni; Muhammad Syukri Albani Nasution
AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (742.735 KB) | DOI: 10.29240/jhi.v7i2.5235

Abstract

This article criticizes MUI Fatwa Number 24 of 2017 concerning guidelines for naming through social media, wherein the decision of its legal provisions the fatwa has given many restrictions that can be understood as an effort to close the space for freedom of expression and opinion on social media, the impact of which social media users feel afraid and restrained to views. The existence of this fatwa is fundamental because it provides clues regarding the rights of free speech for social media users from an Islamic perspective. This paper uses Jasser Auda's maqasheed sharia approach, namely system theory, as a normative analysis in criticizing fatwas against the interpretation of ghibah behavior, the concept of tabayyun, the public domain in the torso of the general provisions of fatwas. This article argues that the performance of the behavior of the ghibah, the concept of tabayyun, the public domain, in the general conditions of the fatwa body is very influential in the understanding of Islamic law itself towards a direction that is contrary to the purpose of maqasheed sharia, namely the law for the benefit of the people. This is because the interpretation of the fatwa is not ideal for realizing the goal of protecting the human right to opinion for social media users in a country that applies the concept of democracy. This argument is based on the researchers' reading of the MUI Fatwa using a system theory that says the purpose of the law is to achieve the universal benefit, which is inseparable from all points of view of Islamic law. In the end, this article concludes that there is a need to reconstruct the interpretation of the ghibah concept of tabayun, the public domain in the Majelis Ulama’s fatwa.

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