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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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Analysing the Pesantren Tradition of Arranged Marriages from the “Kupi Fatwa Trilogy” Perspective Mhd. Rasidin; Doli Witro; Darti Busni; Andri Nurjaman; Marjai Afan
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.v9i1.8436

Abstract

This article aims to analyze the phenomenon of arranged marriage traditions in the Islamic boarding school world from the perspective of the KUPI fatwa trilogy. The KUPI fatwa trilogy, namely the ma’rūf (kindness), mubādalah (reciprocity), and true justice approaches, is used to investigate the phenomenon of arranged marriage traditions in the world of Islamic boarding schools. This article uses a library research method with a phenomenological approach which is analyzed using the KUPI fatwa trilogy. Therefore, the nature of this research is descriptive-analytical. Then data collection techniques come from primary and secondary materials. Meanwhile, the analysis technique uses Miles and friends’ qualitative data analysis techniques, which consist of data condensation, data presentation, and drawing conclusions. The research results show that the tradition of matchmaking in the Islamic boarding school world has given rise to two characters and models of matchmaking in the Islamic boarding school world, firstly the one-way matchmaking tradition which is coercive, and secondly the two-way matchmaking tradition which is not coercive. Salafi Islamic boarding schools which are still conservative still carry out the tradition of one-way matchmaking which is coercive and one-sided, by denying women the opportunity to participate and hear their opinions regarding matchmaking. This results in injustice and tyranny towards women, so the tradition of this type of arranged marriage is contrary to the KUPI fatwa trilogy, because women are positioned as objects rather than equal subjects. However, it should be noted that not all Islamic boarding schools follow the custom of one-way arranged marriage, instead, there is a more egalitarian custom known as two-way arranged marriage, where women are treated as subjects with the same rights and freedoms as men. This is in line with the KUPI fatwa trilogy, because the practice of matchmaking like this is a tradition of fair matchmaking and supports women in order to give birth to ma’rūf (kindness), mubādalah (reciprocity), and true justice. The Miftahul Huda II Bayasari Ciamis Islamic Boarding School is one of the Islamic boarding school institutions that perpetuates the tradition of two-way matchmaking which is non-coercive and in accordance with the spirit of the KUPI fatwa trilogy.
Strengthening the National Waqf Ecosystem through Legal Reform: An Analysis of Waqf Issues in the Provinces of Lampung and South Sumatra Faisal Faisal; Fathul Mu'in; Relit Nur Edy; Gandhi Liyorba Indra; Rudi Santoso 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.v9i1.9320

Abstract

The study aims to identify waqf issues in Lampung and South Sumatra Provinces and explore potential solutions to develop a national waqf ecosystem that is more responsive to the development of time. This research employed empirical juridical research. The primary data was gathered through observations, interviews, and documentation with waqif (donors), nadzir (the administrators of Waqf), public figures, academics, and BWI (Indonesian Waqf Institution) of Lampung and South Sumatra. The secondary data were gathered from books, laws and regulations, judicial decisions, scientific journals, and websites. This study discovered that the challenges of Waqf in Lampung and South Sumatra Provinces comprised aspects of management and supervision, a lack of socialization and literacy, waqf fraud, and insufficient nadzir (donors) resources for creating profitable Waqf and waqf digitization. The solution is to enhance the national waqf ecosystem by reforming waqf laws to strengthen waqif, nadzir, and BWI. With the renewal of waqf law, a positive ecosystem will emerge, reducing waqf disputes and improving people's well-being.
Imam Ash-Shafi'i's Opinion on Hajj without a Mahram and Its Relevance to the Present Day Syarial Dedi; Sri Yuniarti
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.v8i2.7113

Abstract

This study aims to examine more deeply the opinion of Imam ash-Shafi'i regarding the pilgrimage for women without a mahram, and then see its relevance in today's times. Imam ash-Shafi'i has opinion that a mahram or husband is not obligatory for a woman in carrying out the pilgrimage, but on condition that the woman is protected from harming her body and soul and her honor. The majority of fiqh scholars are of the opinion that women must be accompanied by their mahram to perform the pilgrimage. According to the provisions of the Shari'ah, a woman may not travel alone but must be accompanied by her husband or mahram. Even the al-Hanafiyah school of thought argues that a mahram for women is a mandatory requirement for Hajj. This study is in the form of a character study categorized as library research. It used secondary data, either in the form of primary materials, tertiary secondary. Data analysis used heuristic, critics (internal and external), interpretation, and historiography. The results of this study suggest that Imam asy-Syafi'i's opinion which emphasizes law based on its 'illat, namely the factor of women's safety is very relevant to current conditions.

Page 17 of 17 | Total Record : 163

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