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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 14 Documents
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Search results for , issue "Vol 8, No 2 November (2023)" : 14 Documents clear
Reconstructing the Concept of Khalwat Sahihah in the Digital Era: An Analysis of Scholars' Legal Perspectives Ita Musarrofa; Mazro'atus Sa'adah
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8234

Abstract

The Childfree Phenomenon Based on Islamic Law and Its Respond on Muslim Society Wahyu Abdul Jafar; Zulfikri Zulfikri; Amin Sadiqin; Usman Jayadi; Irma Suriyani
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7865

Abstract

This study aims to determine the cause of married couples choosing the childfree trend and to describe the impact of the development of the childfree trend in Muslim society. In addition, this study also aims to learn about childfree law from the perspective of Islamic law in various perspectives. This study is field research. The data collection technique in this research is using a survey. Respondents in this study amounted to 215 people. Based on the survey results, several significant findings related to the childfree phenomenon were found, among others: the factors that most influence married couples to choose the childfree trend are economic factors as much as 42% and health factors as much as 21.5%. The majority of informants, as much as 54%, stated that the childfree phenomenon might impact the social life of the Muslim community. The conclusion of the childfree law on the grounds of economic and social factors is that it is forbidden. Likewise, childfree use of permanent types of contraception is illegal. The childfree for reasons of health and trauma factors (psychological disorders); the law is permissible. Public rejection of the childfree trend due to economic factors is around 56.3%. Meanwhile, the community's rejection of the childfree trend for reasons to be happier is around 76.2%.
Representation of Family Law in the Digital Space: A Study of Discourse Analysis on Instagram Accounts Amri Amri; Siti Aminah; Sidanatul Janah; Yopi Yudha Utama; Dwi Ratna Cinthya Dewi
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6578

Abstract

The emergence of interesting content through Instagram accounts managed by a person or a certain group representing a family law is important to discuss. One of the discourses that appears in these contents is related to the advice of husband and wife in building their household, then brings up tips for husband and wife to pay attention to each other. The husband and wife can apply the contents which are posted on the instagram account to create a harmonious household life. This paper aims to see the narratives that appear in the posts of intagram accounts through a discourse analysis approach. This research data is focused on 3 Instagram accounts with a selection of many followers on the Instagram account. The 3 Instagram accounts are @suami.istri.bahagia, @nasihatsuamiistri, @suamiistriromantis. This research leads to Netnographic studies or digital-based research. Then, because the data obtained is in the form of written content narratives, pamphlets, and videos posted on Instagram, it will be analyzed using discourse theory. The results showed that the content of the program gave rise to two studies that represented family law. First, it relates to the husband's obligation to the wife and the wife's obligation to the husband by posting content in the form of advice for the husband and wife. Second, post content about parents' obligations to children by posting narratives in the form of tips and procedures. Furthermore, the author found that the problem that occurs in these Instagram accounts is the existence of gender bias, this means that posts that represent family law are more content intended for the Wife and their content reflects the business of selling Products.
Discussing the Phenomenon of the Appointment of Judges in District Courts Regarding Interfaith Marriages from a Legal Logic Perspective Kemas Muhammad Gemilang; Hengki Firmanda; Maghfirah Maghfirah; Hellen Lastfitriani; Abdul Rahim Hakimi
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8185

Abstract

This research aims to determine the intent of legislation and the constitution regarding interfaith marriages in Indonesia, so that judges can have a deeper understanding of the existing legal intent rather than relying solely on subjective legal interpretations. Additionally, this study also examines the authority of judges in District Courts who play a role in the determination of interfaith marriages. This research is a qualitative-normative study that utilizes legal documents and literature review, including books, journals, reports, and other reliable sources, which are analyzed using legal logic reasoning. Based on the researcher’s findings, legal logic reasoning in interpreting legislation indicates that interfaith marriages are prohibited. This can be seen in the constitutional goals of Indonesia in the fourth paragraph of the 1945 Constitution, the Judiciary Power Law in Article 5 and Article 50. The constitutional goals serve as the foundation for every judge’s decision. Such decisions not only aim to achieve lasting peace and justice for the parties involved but also for society at large or the majority of the Muslim community in Indonesia. Therefore, interfaith marriages between Muslim women and non-Muslim men should not be permitted. Furthermore, according to Constitutional Court Decision Number 68/PUU-XII/2014, which states that interfaith marriages are closely related to religion, the authority to resolve interfaith marriage cases should be held by Religious Courts. This is in line with Article 49 of Law Number 3 of 2006 on Religious Courts, which specifies one of their authorities is related to marriage matters.
Islam Throughout the Diaspora: Balancing Cultural Characteristics, Religious Beliefs, and Criminal Activity (the Case of Italy) Vasco Fronzoni
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7146

Abstract

The purpose of this study is to revitalizes the debate around the plural structure of Western societies and what cultural traits and religious dimensions mean. Starting from some news reported by the Italian media often with misleading headlines, the article analyze the processes of inclusion of Islam in European legal systems, with a particular focus on the relationship between the religious factor and the criminal sphere. Cyclically the Italian media, in reporting some news stories, associate crimes with the religious affiliation of their perpetrators, polarizing attention on Islam rather than on the criminal. The research method used is qualitative, based on media and library research, with a jurisprudence analysis and a legal approach as an analytical tool to investigate the stated problems. Although in Italy the relationship between the religious factor and criminal law certainly shows a concrete and tangible interest, despite the lack of a dedicated constitutional model as well as a current and specific law on religious freedom. However, doctrinal discussions do not always correctly emphasize the difference between behaviors guided by cultural heritages and those imposed by religious beliefs. The results of this study indicate that, if on the one hand there is a tangible religious illiteracy, internal and external to the Muslim communities living in the diaspora, on the other hand the cultural sphere must be distinguished from the religious one, and a hermeneutic paradigm exercised by suitable and accredited subjects is needed. In fact, the appropriate hermeneutic coordinates are needed both on the legal and on the religious level to live Islam correctly as migrants residing in the diaspora or as Muslims with citizenship. In conclusion, the topic is essential, due to the gap in the research, which often confuses the cultural level with the religious one, and the aim is to clarify the point and provide a new paradigm.In this way discrimination is avoided and Italian judges and legislators will be able to have a more informed and therefore more sensitive approach towards religious minorities in Italy.
Transformation and Sustainability of Livelihoods in Muslim Families Ahmad Alamuddin Yasin; Adang Djumhur Salikin; Aan Jaelani; Edy Setyawan
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6722

Abstract

From the perspective of classical scholars, the only things that constitute a livelihood are clothes, food, and lodging. According to traditional scholars, the husband is not responsible for taking care of the family's health, education, or any essential needs except clothing, food, and shelter. Wives frequently demand goods that are not even primary needs, which causes complications. The implementation of a living is not in accordance with the notions of classical fiqh since of course how individuals see how to provide for themselves has changed through time. The implementation of maintenance in Islamic families in Indonesia and the causes that cause different maintenance implementations will be the main topics of this study. Therefore, this study aims to analyze the transformation of livelihood in Muslim families. Multiple case studies, also known as collective case studies, are used in this study. Primary and secondary data sources were used to gather the data. Data reduction, data presentation, and data verification were used in the data analysis process. According to the study's findings, although life was once thought of as a gift a husband gave to his wife and only addressed a few basic necessities, it is no longer the same. The findings of this study offer a notion of five changes in livelihood. Specifically, transformation and continuation of the definition of subsistence, transformation and continuation of subsistence customs, transformation and continuation of subsistence forms, and transformation and continuation of subsistence processes.
The Difficulty of Finding Halal Food for Muslim Minorities: Analysis of Maqashid Shariah Nasruddin Yusuf; Suprijati Sarib; Willya Evra
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8182

Abstract

This article explores the challenges of Manado's Muslim minorities in finding halal food from the perspective of maqashid Sharia. As a Muslim minority area, food vendors and production in Manado dominate with non-Muslim and non-halal food vendors. It is difficult for minority Muslim communities to practice religious principles, especially eating halal food. The method used in this study is qualitative with normative juridical and empirical approaches. Data obtained through in-depth interviews with research informants from 29 Muslim communities were analyzed inductively. The results found that minority Muslim communities in Manado face significant challenges in finding halal food, given the dominance of non-halal food in their neighborhood. However, personal decisions to choose halal food reflect their loyalty to religious teachings (hifdz al-din), concern for personal health (hifdz al-nafs), and wise asset management (hifdz al-mal). There is clear evidence that the principles of maqashid Sharia are essential in guiding individual actions in facing the challenges of daily life. In this context, religious beliefs are the primary guide for Manado's Muslim community in living their lives and maintaining the integrity of Islamic values in their decisions regarding food.
Revealing the Enforcement of Mbasuh Dusun Tradition for Pregnant Women Outside of Marriage in Indonesia Efrinaldi Efrinaldi; Jayusman Jayusman; Fatimah Fatimah; Rimanto Rimanto; Miti Yarmunida
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8437

Abstract

This research aims to reveal the enforcement of the mbasuh dusun tradition in cases of pregnancy outside marriage in Bengkulu City, Indonesia. This type of research is field research. The nature of this research is descriptive analytic. Data collection techniques in this study used observation, interviews, and documentation. The data obtained was analyzed using descriptive qualitative methods to obtain conclusions and research findings. The result of this study is that: the implementation of the mbasuh dusun tradition is a customary sanction for pregnant women outside of marriage in Bengkulu City, as al-'urf al-shahih and has an effective impact. This mbasuh dusun tradition is carried out by slaughtering a goat, and the perpetrator must be present to be aware and must apologize. Then give charity  (and ask for prayers) at the place where the goat was slaughtered or outside the house. Unlike customary sanctions in other regions, the implementation of the mbasuh dusun tradition has a goal and purpose, so that the perpetrator is ashamed and does not repeat the act again, so that it can effectively reduce and even deter the perpetrator. The application of this customary sanction in the context of developing marriage law in Indonesia, it is necessary to review the legalization of marriage of pregnant women outside of marriage in the Compilation of Islamic Law (KHI), and it turns out that the provision of sanctions for pregnant women outside of marriage has a significant impact on creating a deterrent effect and bringing benefits to the community. 
The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code Syabbul Bachri; Mohd Al Adib Samuri; Najma Moosa; Büşra Nur Duran; Ramadhita Ramadhita
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7221

Abstract

Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relation outside of legal marriage is considered adultery in Islam, requiring criminal sanctions for the perpetrators. Polyamory cases involving same-sex couples are also included in the criminal act. In the Indonesian legal context, although the term polyamory is not mentioned explicitly, the new Penal Code has the potential to criminalize polyamorous perpetrators with the latest regulations regarding adultery and cohabitation offenses. This new penal code can also criminalize homosexual behaviour including lesbian, gay, bisexual, transgender, and Queer plus(LGBTQ+) people. However, the perpetrator of polyamory can only be convicted if there is a complaint from the aggrieved party (i.e. the legal spouse, children, and parents of the perpetrator), because those articles fall into the category of absolute complaint offenses. Looking at the cultural values of Indonesian society, especially the teachings of Islam as a religion adhered to by the majority of citizens, the criminalization of polyamory should be included in the ordinary complaint offense so that it can be in line with the living norms in society.
Navigating Stigma and Discrimination: Betrothal Challenges Faced by Descendants of Leprosy in Madura, Indonesia Fahruddin Ali Sabri; Imron Rosyadi; Mohammad Isfironi; Mukhammad Nur Hadi; M Sulthon; A. Mufti Khazin
AL-ISTINBATH : Jurnal Hukum Islam Vol 8, No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6905

Abstract

This article aims to uncover stereotypes against lepers and their descendants by impacting difficulties in finding a potential partner and the risk of being abandoned by a potential partner. This clearly cannot be underestimated and is part of the State and non-state actors’ responsibilities in protecting human rights based on Islamic law. This article used ethnography as a methodology of research when dialogue and observation were used as research techniques.  This study’s findings revealed that the descendants of lepers were considered a threat to the survival of their descendants, so they got discriminatory treatment, exclusion, stigmatization, exile, and inequality which in turn could interfere with their dignity. The Dhohiri School had a different view out of the four Schools of Islamic law namely Hanafi, Maliki, Shafi'i, and Hanbali, where this School rejected divorce because of disability in any form. Dhohiri School had shown partiality and respect for the human rights of lepers and their descendants to engage in Betrothal and marriage without any discrimination, exclusion, stigmatization, banishment, or inequality of any kind. The alignment of the Dhohiri School is in line with the State and non-state actors’ efforts to minimize the inhumane and terrible treatments of people with leprosy and their descendants.

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