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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 163 Documents
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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.
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.
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.
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.
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.
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.

Page 15 of 17 | Total Record : 163

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