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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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The Consideration of Maslahat in the Imposition of the Death Penalty for Serious Sexual Crimes in Indonesia Abdul Syatar; Achmad Abubakar; Kurniati Kurniati; M. Ali Rusdi Bedong; Ahmad Ahmad
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.v9i1.8880

Abstract

This research aimed to provide efforts to strengthen the law if changes to regulations occur, which must be accompanied by academic and socio-political approaches. In Indonesia, there is a new form of sexual crime whether verbal, non-physical, physical, or online. The prevalence of such incidents reflects a troubling trend that needs urgent attention from both authorities and society. This research was field research, equipped with qualitative data. The data sources included observational research, interviews, and documentation as well as literature studies by reviewing documents relating to criminal sanctions for adultery, especially from the Criminal Code, outside the Criminal Code, and manuscripts of Islamic criminal law. The beneficial theory used was the Al-Būtī version, which emphasized the validity of al-‘uqūbah al-Islāmiyah. The research findings revealed that in the event of changes to criminal law in Indonesia, maslahat considerations are prioritized, particularly in cases of grave sexual crimes, the death penalty should be applied. The government must consider things such as benefits, cultural values, and societal perspectives when making criminal punishment policies. In Indonesia, several backgrounds supported the choice of the death penalty for sexual crimes. The expected benefits are community protection, preventative action, justice for victims, and the elimination of dangerous perpetrators in the future. The legal situation governing sexual crimes in Indonesia is increasingly pitiful, and a change is needed.
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.
The Principles of the Concept of Maslahah in Islamic Family Law of a Wife Looking for Living Husband Taking Care of Household Work Firdaus Firdaus; Mursal Mursal; Desminar Desminar; Syaflin Halim
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.v9i1.8464

Abstract

This study aims to explore the implementation principles of the Maslahah concept in the context of Islamic Family Law, with a specific focus on the case study of a working wife and a husband responsible for household duties. Another purpose for knowing about the family harmonism. Apart from that, to understand that family harmony is when the family is managed by the husband or man. Researched using qualitative methods with a case study approach. The principles of maslahah use for this research about hifz al-mal, hifz al-nafs, hifz al-nasl, hifz al-‘aql, and hifz al-din. The data used is a total of 6 primary data and secondary data from various relevant research. The research instrument is validated through reference validation. Data analysis is carried out by presenting data, reducing data, interpreting data, and drawing conclusions. This research succeeded in finding the existence of maslahah principles that can look at the problem of wives working and husbands taking care of the house from several points of view. Meanwhile, each party's views can be answered through hifz al-mal, hifz al-nafs, hifz al-nasl, hifz al-'aql, and hifz al-din. The family wgom the wives go to work they are trustly always keep the harmonism family, because their reason about the economy.
Maisi Sasuduik: Restrengthening the Implementation of the Concept of al-Ba`ah in some Minangkabaunese Traditional Marriages Busyro Busyro; Musda Asmara; Fajrul Wadi; Norhoneydayatie Abdul Manap; Adlan Sanur Tarihoran
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.v9i1.9619

Abstract

This article aims at restrengthening the implementation of the al-ba’ah concept in maisi sasuduik tradition of some Minangkabaunese marriage customs because some people think that this tradition is just a custom and has nothing to do with Islamic teachings. Maisi sasuduik is an obligation for a prospective groom before marriage. This research uses a qualitative approach by which the data were collected through interviews with several community figures and from relevant literature. The descriptive and inductive theories were used in analyzing the data. The results of the research showed that some people believe that this custom has nothing to do with Islamic teachings. The finding reveal that marriages are sometimes postponed and some are even annulled because the men do not agree to fulfill maisi sasuduik custom. According to the concept of al-ba’ah in Islam, a man must prepare a house for his wife to live in because he will take her there after marriage. For Minangkabaunese men, they are not required to prepare a house to live in before marriage because they will live in the wives’ house. Based on the concept of al-ba’ah, Maisi sasuduik describes a man’s al-ba’ah (ability) to perform a marriage. Therefore, the custom of maisi sasuduik is an implementation of Islamic teachings regarding the necessity of having an al-ba’ah before marriage.
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.
Reconstruction of the Practice of Siyasa Syar'iyyah During the Islamic Empire's Relevance to the Practice of Sharia Financing CWLS Retail in Indonesia Haris Maiza Putra; Hisam Ahyani; Nanang Naisabur; Muharir Muharir; Chikal Anugrah Putra Naisabur
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.v8i2.8057

Abstract

The purpose of this study is to analyze the reconstruction of Islamic sharia implementation policies during the Islamic Empire in Indonesia from the perspective of siyasah syar'iyyah and their relevance to Indonesian government policies in regulating Islamic financing instruments in Cash Waqf Linked Retail Sukuk (CWLS Retail). The statutory approach and descriptive analysis are used in this research. Sources of data were obtained from various literary materials both from books, journals and the internet, as well as other relevant sources regarding the politics of Islamic law (siyasah syar'iyyah) during the Islamic period and its relevance to the regulation of Islamic financing instruments in Indonesia, especially with regard to the application of retail sukuk cash waqf (CWLS Retail). The results of the study show that first, the political application of Islamic law during the Islamic empire in Indonesia was carried out through the politics of the king's power (ruler). Second, the application of political Islamic law has relevance to current Indonesian government policies, namely in regulating Islamic financing instruments for Cash Linked Retail Sukuk (CWLS Retail), where the Government through various Islamic policies is embodied through laws, government regulations, MUI Fatwa, and other regulations. However, implementing this policy requires 6 variables of Islamic politics (siyasah syar'iyyah) in the opinion of Ibn Khaldun, namely mutual synergy between law, government, society, economy, development and justice.
Legitimacy of Smart Contracts from the Perspective of Islamic Law: A Case Study of Blockchain Transactions Ghassan Adhab Atiyah; Nazura Abdul Manap; Ahmed Ismael Ibrahim; Abdur Rahman
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.v9i1.8726

Abstract

Blockchain smart contracts is a digital program based on the blockchain design that accommodates certain data stored in their internal logic. The decentralized nature of this technology prevents unauthorized access. This technology require the use of cryptocurrencies to be effectively utilized as a medium of exchange. While cryptocurrencies have received wide recognition as an improvement to modern business transactions. However, in the Muslim communities, Muslim scholars have divergent views on the permissibility and prohibition of cryptocurrencies on certain grounds. Islamic law is characterized by outstanding flexibility that enables it to keep pace with the development of time and place, and gives it the validity to interact to address emerging issues that stand in people's way. This study aims to examine blockhain smart contracts, how they work, the religious ruling surrounding its permissibility. As well as the consensus of Muslim Scholars on its usage by Muslim communities. The study adopts qualitative doctrinal, library based or normative judicial research to analyze blockchain smart contracts and their suitability and compatibility with Islamic law. By examining the law from the perspective of social reality, the researchers qualitatively analyzed the concept of Smart contracts within the boundaries of law and its application under Islamic law. Delving into deductive reasoning and conclusions based on consensus of scholars. This study found that blockchain smart contracts falls within the permissibility principle, The Maliki school sale on credit and negotiations under the ijtihadi perspective. This research suggests the need for further study to shed light on this new type of contract to support its acceptability among Muslim communities.
Political Hoaxes in the Post-Truth Era: An Islamic Political Analysis Isna Fitria Agustina; Zezen Zainul Ali; Sakirman Sakirman; Helena Octavianne; Muhammad Jamal
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.v8i2.8457

Abstract

This study aims to examine how the phenomenon of political hoaxes in the post-truth era occurs and what impact it has on the religious life and political direction of the Muslim community. This research departs from the phenomenon of political hoaxes that are getting stronger, especially when approaching election contestation. This condition is reinforced by the post-truth era where the truth is no longer urgent and trusted because the many hoaxes circulating make hoaxes like the truth. This research is a literature study explaining the phenomenon of political hoaxes in the post-truth era with an Islamic political sociology approach, data obtained from literature related to hoax politics, the post-truth era and analyzed in depth. The findings of this study are: First, the phenomenon of political hoaxes is carried out massively and repeatedly, especially before political events, Second, the reinforcing factors of political hoaxes in Muslim societies are caused by identity politics and low digital political literacy that are spread repeatedly. Third, political hoaxes can trigger inter-religious conflicts including intolerance and radicalism, disrupt religious life, and increase polarization and distrust of political institutions, as well as distrust of the media. Fourth, overcoming the impact of political hoaxes can be done by taking an Islamic political approach in society, namely by always telling the truth and bertabayyun against news and increasing digital literacy and the role of religious authorities.
Building Husband and Wife Partnership Patterns Among Regional Parliament (DPRD) Members from the Mubādalah Perspective Supriyadi Supriyadi; Abdul Qodir Zaelani; Siti Mahmudah; Ahmad Khumedi Ja’far
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.v8i2.6972

Abstract

This study aimed to analyze the husband and wife partnership pattern due to the wife's role as a member of the Regional Parliament (DPRD) from the mubādalah (reciprocity) perspective. The qualitative descriptive approach was adopted and data were collected through interviews and documentation of 6 female respondents of the DPRD members in Pesawaran Regency, Lampung Province. Respondents were selected using purposive sampling, while the parameters used to examine the husband and wife partnership pattern included division of domestic work, family financial support, and decision-making processes. The result showed an increase in the impact of the partnership pattern on household harmony, which was assessed using the interpersonal communication theory of Joseph A. Devito and Kyai Faqih's mubādalah theory. Furthermore, the division of domestic work among wives as DPRD members could be categorized into two groups. The first was the shared responsibility between husband and wife, while the second was the exclusive responsibility assigned to the wife without the involvement of the husband. In terms of financial support, some wives relied solely on their husbands, while others shared the responsibility. All respondents used the family deliberation approach for decision-making and they agreed on the importance of building a good partnership based on the mubādalah principles between husband and wife. Mubādalah principle consisted of partnership, cooperation, reciprocity, and mutual understanding, which aimed to maintain household harmony.

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