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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 16 Documents
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Search results for , issue "Vol 9, No 1 (2024)" : 16 Documents clear
Qiwamah's Reconception of Muhammad Shahrur's Thoughts and Their Implications for the Feminist Movement in the World Jumni Nelli; Adi Harmanto; Sofia Hardani; Kholil Syu'aib; Devi Megawati
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9797

Abstract

This research aims to reconceptualize Muhammad Syahrur's views on the meaning of qiwamah. Muhammad Syahrur stated that the person most worthy of being qiwamah in the household is a woman. This view is different from the Jumhur Ulama which states that the leader in the household is a man. Does Shahrur's thoughts support the world feminist movement? This library research was carried out by examining books related to the research problem. Primary data sources are the books Al Kitab Wa Al Qur'an and Nahwa Ushul Jadidah Li Al-Fiqh Al-Islami by Muhammad Syahrur. Secondary data sources were obtained from other fiqh books and journals related to the problems in this paper. Descriptive analysis uses the content analysis method. The results of the research found that Syahrur is of the view that qiwamah can be played by husband or wife, as long as it has stability in the economic sector and the characteristics of qiwamah, namely shalihat, qanitat and hafizat; because these qiwamah qualities were firmly instilled by Allah, as qualities possessed by women, the ones most worthy of being appointed as qiwamah are women; Even though Syahrur only relies on linguistic analysis, and ignores the study of the context of the Asbab al Nuzul verse, resulting in inconsistencies and meanings that seem forced, Shahrur's thoughts seem to have given encouragement to the feminist movement in the world. Muhammad Shahrur's breakthrough feminist thought influenced the thinking of Muslim women in the world. This can be seen from the change in their mindset, who no longer want to simply follow or be controlled by men. Contemporary Islamic thinkers agree to provide leadership to men and women with conditions, but they do not say that women are the main leaders.
The Idea of Privatization and Self-Financing of Prison Management in Positive Law and Islamic Law Herlambang Herlambang; Randy Pradityo; Helda Rahmasari; Herlita Eryke; Yagie Sagita Putra
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9055

Abstract

This research aims to explore the basics of the idea of abolishing criminal justice in Indonesia and possible alternative solutions to problems that arise in prisons, especially from a theoretical perspective and comparison with Islamic law and customary law. The legal research method in this research is normative (doctrinal), research activities carried out include inventorying, explaining, interpreting and systematizing and broadcasting all Islamic law and customary law, which are related to the idea of abolishing prison sentences. The results of the research show that imprisonment is not recognized in the Islamic view, whereas currently imprisonment is acceptable only as long as the punishment provides a lot of benefits or kindness or benefits to society. Thus, imprisonment is not an absolute in the view of Islamic law. Based on the inventory of customary law as the original unwritten law of the Indonesian nation, no form of imprisonment was found. Therefore, without imprisonment, customary law can be enforced to maintain order and create justice in Indonesian society. From this analysis, especially related to the study of Islamic law and customary law, it is concluded that imprisonment can be considered for abolition if its shortcomings are more dominant than its benefits. Apart from that, the Indonesian Government should provide a forum for the idea of privatizing correctional institutions in the sense that the management of correctional institutions is carried out by private parties on a non-profit basis.
Legal Institutions in Resolving Divorce Cases in Aceh Muhazir Muhazir; Azwir Azwir; Zubir Zubir
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8529

Abstract

This study aims to examine the legal institutions involved in divorce settlement in Langsa City. Apart from that, this study also analyzes the influence of each institution on the solution to the divorce problem in Aceh. Empirical legal studies are carried out using social and legislative frameworks. A statute approach is used to examine the legal elements in the process of resolving divorce cases, while a sociological approach is used to examine the social components of divorce practice. This study found that the Gampong traditional institution has more influence than the Sharia Court in resolving divorce cases. Even though state law does not allow divorce outside of court, the community believes that the Gampong traditional institution can resolve divorce cases more quickly, cheaply, easily, and with ease. more sacred. This differs from divorce in religious courts, which usually takes time, and filing takes time. Divorce through religious courts is used by the community when the parties want to legalize their new marriage. This study concludes that the influence of traditional institutions is very strong for the people of Langsa City because traditional institutions are able to resolve divorce problems easily and quickly. This study contributes to a distinct viewpoint on divorce by demonstrating that, in addition to state institutions, traditional institutions play an essential role in resolving divorce cases. Without disobeying state laws, the government need to respect traditional institutions' rulings in divorce situations. This implies that a conventional institution's decision may serve as a basis for the law in divorce situations. Aside from that, a court divorce still carries a bad reputation in society because of the length, difficulty of the procedure, and perceived difficulty of the operations.
Tradition, Wisdom and Negotiating Marriage and Inheritance Disputes on Javanese Muslim Miftahul Huda; Agus Purnomo; Abdul Mun'im; Lutfi Hadi Aminuddin; Lukman Santoso
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9887

Abstract

This study aims to find a negotiation model in the tradition of Javanese Muslim communities in resolving disputes regarding marriage and inheritance restrictions. When the reality of resolving marriage and inheritance disputes impacts family and community strife, this becomes crucial. The qualitative paradigm was used to construct this research, which included a series of observations and in-depth interviews with the disputed families and focus group discussions with informants in the East Java community. This research discovers three models for resolving the tradition of avoiding marriage and inheritance disputes in Javanese Muslim society with social components in a heterogeneous society. 1) negotiating the traditional cum theology model, 2) negotiating the tradition and law model, and 3) negotiating the traditional wisdom model. Furthermore, when many cultural traditions fade, the growing negotiation model can serve as the foundation for policy for local governments in generating variants of the nation's cultural traditions.
Strengthening the Indonesian Bicameral Parliament: Siyasah Dusturiyah Perspective Ade Kosasih; Sirajuddin M; Fauzan Fauzan; Henderi Kusmidi
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.10047

Abstract

This research aims at finding a strategy to strengthen Indonesia's bicameral parliament. It is a parliamentary system consisting of an Upper House and a Lower House. The Upper House, Regional Representative Council (DPD),  represents certain groups or regions, and the Lower House, House of Representatives (DPR), represents national interests. Ideally the position of the DPR and DPD is in an equal position, however the DPD arrangements in the constitution have a power but do not reflect the bicameral principle. If left unchecked, it can trigger regional dissatisfaction which threatens the disintegration of the nation. This research employed normative juridical research methods with a conceptual and statutory approach. The result showed that the DPD has made efforts to strengthen it through al-sutha al tasyri'iyah (formal amendments) but failed. Moreover, the DPD has also carried out legal reviews by the Constitutional Court (judicial review) but the results have not been significant. The most realistic way to strengthen the DPD and has never been used before is through a constitutional political strategy (siyasah dusturiyah) to create constitutional conventions by vetoing draft laws whose decisions are made without involving the DPD. Therefore, the Indonesian parliamentary system can run in the double check system and check and balance paradigm in maintaining democracy and regional autonomy. Thus, if the DPD has a strong bargaining position in parliament then the goal of forming a strong bicameral parliament can be established.
Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts Yasin Yetta; Ahmad Rajafi; Syahrul Mubarak Subeitan
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8979

Abstract

This article aims to determine the implications of changing Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage Dispensations in Indonesian Religious Courts. Specifically, this research seeks to analyze the increase in cases of post-amendment dispensation and explore the factors contributing to the gap between legal mandates and community practices regarding early marriage. This research uses a qualitative approach with a juridical perspective using comprehensive data analysis from Religious Courts in various regions in Indonesia. The data sources include decisions from the Directory of Decisions of the Supreme Court of the Republic of Indonesia, which focus on requests for dispensation. The analysis involves data collection, selection, sorting, reduction, and conclusion, aiming to effectively meet research objectives and address research gaps. This study integrates legal norms and societal dynamics to comprehensively understand the failure of the Amendment and its implications for the marriage dispensation in Indonesia. The analysis revealed a significant increase in requests for dispensation after the amendment. This reflects the challenges in dealing effectively with early marriage. Cultural pressures, institutional inconsistencies, and societal complexity contribute to the rise in cases of dispensation, underscoring the need for a different approach to legal reform and societal practice. Despite efforts to equalize the marriage age and prevent early marriage, the Amendment has not effectively addressed societal realities, resulting in a gap between legal mandates and actual practice.
Consistency of the Indonesian Ulama Council in Using Istiṣlāḥ as a Method for Legal Istinbath Zainal Azwar; Farid Afif Rinaldi
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.7680

Abstract

This article aimed to analyze the consistency of the Indonesian Ulama Council (MUI) in using Istiṣlāḥ (public interest) as a method for legal determination when issuing fatwas. There were fatwas where the use of Istiṣlāḥ was very evident with the goal of safeguarding human lives, while in other fatwas, the opposite seemed to be the case. The objective of this study was to analyze the background of the emergence of fatwas and the consistency of MUI in using Istiṣlāḥ. This article is a normative legal study with an usul al-fiqh (principles of Islamic jurisprudence) approach. The data used represented secondary data in the form of Fatwa No. 14 of 2020 and Circular No.: Kep-1702/DP MUI/IX/2020 as the primary legal materials. Other legal materials, such as books and scholarly articles, were also used. The data obtained were analyzed descriptively using the techniques of reduction, display, and verification. The research results indicated the following: first, the emergence of both ijtihad products was caused by two conflicting government objectives; the desire to prohibit gatherings during worship and the desire to allow gatherings during regional elections. Second, these fatwas and circulars demonstrated inconsistency in the use of Istiṣlāḥ. In Fatwa No. 14 of 2020, MUI showed consistency in using Istiṣlāḥ. On the other hand, MUI appeared inconsistent in using the same method even though the primary goals of both ijtihad products were the same, preventing the spread of Covid-19 through mass gatherings.
Islamic Revivalism: Dynamics of Islamic Parties in Legalizing Islamic Law Policies in Indonesia and Malaysia Siti Malaiha Dewi; Muhammad Hasan Syamsudin; Alwi Alatas; Ilyya Muhsin
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8514

Abstract

This study aims to fill the gap and explore how Islamic parties have attempted to legalize Islamic law in both countries over the past three decades. Most scholarly works on Islamic revivalism in Indonesia and Malaysia focus on it as a sociocultural phenomenon. However, there is a lack of scholarship investigating Islamic revivalism through a political approach. This article employs qualitative research methodology, drawing on academic books, journal articles, reports, and online news to examine the efforts of Islamic parties to legalize Islamic law in Indonesia and Malaysia. The findings suggest that the accessibility of political channels significantly influences these efforts. During the Mahathir era in Malaysia, the availability of political channels facilitated the goal of legalizing Islamic law. Conversely, the agenda for legalizing Islamic law was hindered in Indonesia during the Soeharto era due to limited political channels. Additionally, the moderation of Islamic parties affects the agenda for legalizing Islamic law in both countries. In post-Soeharto Indonesia, the incorporation of moderation by Islamic parties has led to a decrease in prioritizing the agenda of legalizing Islamic law. On the other hand, in Malaysia during and after the Mahathir era, the persistence of the obsession with legalizing Islamic law was due to Islamic parties distancing themselves from moderate positions.
Integration of Maqashid Syaria in Nurcholish Madjid’s Thingking about Principles for Effective Good Governance Syamsuar Syamsuar; Ahmad Omar Chapakia; Amrizal Hamsa; Amelia Amelia
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9701

Abstract

This research aims to integrate the concept of Maqasid Syaria with Nurcholish Madjid's framework of good governance. There exists a conceptual gap that requires deeper understanding, as Nurcholish Madjid's theories on good governance may hold perspectives, goals, or assumptions that differ from the principles of maqasid syaria. The study employed the content analysis method, a systematic approach to examining the fundamental aspects of the material under investigation, specifically literature on good governance and maqashid syaria, as initiated by Nurcholish Madjid. The study's findings reveal three main points. Firstly, Nurcholish Madjid emerges as a highly influential contemporary figure within Islam, particularly in Indonesia during the 20th-century transition period. His ideas underscore the necessity of renewing Islam in line with societal demands and contemporary knowledge. His philosophy emphasizes the elevation of human dignity, equality, religious freedom, and social maturity when confronting diversity. Secondly, the compatibility between the maqashid syaria and Nurcholish Madjid's ideologies stems from their shared sources—the Qur'an and Hadith. This relationship is further bolstered by the Qawa'id fiqhiyyah approach, which establishes principles of effective governance. Lastly, Nurcholish Madjid's principle of good governance is grounded in the principle of tawhid and resonates with the maqashid syaria (syaria objectives) framework, particularly concerning muhafadah al-din. Notably, the tawhid principle, concerning the types of maqashid syaria al-Syatibi, falls within the daruriyyah (fundamental) category. Conversely, the hajiyyah level comprises the supportive principles.
Caesarean Section in the Perspective of Family, Health, and Islamic Law Muhammad Juni Beddu; Novi Yanti; Noviyanti Noviyanti; Neri Aslina; Normadiah Daud
AL-ISTINBATH : Jurnal Hukum Islam Vol 9, No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8373

Abstract

This research explores the complexities of cesarean section in the context of family, health, and Islamic law. The main objective is to understand the views and experiences of Muslim families regarding cesarean sections, as well as analyze the health impacts and legal implications associated with them. The research enriches understanding of the role of cesarean section in Muslim communities, provides comprehensive insight into aspects of family, health, and Islamic law, and offers a framework to support informed decision-making in medical practice and health care policy. This study uses qualitative methods in describing family perspectives, Islamic health, and legal aspects regarding cesarean sections. The research approach used is a legal and sociological approach. The analysis method used is content analysis to explore family perspectives, Islamic health, and legal aspects regarding cesarean sections. The findings reveal a range of perspectives among Muslim families regarding caesarean sections, with health and safety considerations being major factors in decision-making. The health impact of cesarean section on mother and baby, including risks and benefits, is also examined in depth. In Islamic law, caesarean section is permitted if necessary, to protect the life of the mother or baby. Ethical and clinical recommendations should reflect relevant religious values and views. To make a decision regarding a cesarean section, it is important to consider a variety of factors, including family views, aspects of health, and Islamic law.

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