Al-Istinbath: Jurnal Hukum Islam
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.
Articles
133 Documents
<![CDATA[Dekonstruksi Epistemologi Muhammad Shahrur ]]>
<![CDATA[Suheri Sahputra Rangkuti]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (395.734 KB)
|
DOI: 10.29240/jhi.v3i2.545
<![CDATA[The past viewpoint of issuing fiqh policy was strongly influenced by episteme (in Arkoun) in his time. Of course this is not the point of the problem at this time.The main problem is to draw the building of past thinking, both in the epistemological realm and in the axiology level. Finally, many fiqh are merely swell and attempts to rationalize the classical mass construct without dismantling and rebuilding from scratch. This fiqh policy must inevitably clash with the present, for example, fiqh about women, which closes a lot of their space, because classical masculine and patriarchal epistemes make them lose their independence even considered inappropriate even if they only determine the direction of their lives. Shahrur came by reading and deconstructing the epistemology in women's fiqh so as to produce friendly fiqh in the present nuance. Although the way he traveled was classified as not mainstream, the mega project he handled was worthy of investigation and discussion.]]>
<![CDATA[Poligami di Malaysia dan Indonesia Serta Relevansinya dengan Pemenuhan Hak Gender ]]>
<![CDATA[Hervin Yoki Pradikta]]>;
<![CDATA[Hasanuddin Muhammad]]>;
<![CDATA[Musda Asmara]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (698.127 KB)
|
DOI: 10.29240/jhi.v5i2.1932
<![CDATA[This paper aims to find out the provisions of polygamy in Malaysia and Indonesia related to the protection and fulfillment of wife's rights from a gender perspective. The method of writing this article uses a comparison, by comparing the provisions of polygamy in the two countries then analyzing it with a gender approach. The result is that both countries allow polygamy. However, the provisions on the permissibility of practicing polygamy in Malaysia and Indonesia place more emphasis on physical conditions. Such as reasons because they are barren, aged, crazy and cannot serve and carry out their obligations as a wife. The ability of polygamy prioritizes the fulfillment of the husband's rights by providing solutions for channeling the husband's sexual desire. Whereas in the historical context, polygamy was carried out on the grounds of religious preaching and protection of widows and orphans. This provision is a form of injustice and discrimination against wives. The wife in a weak position has no choice and is the victim of these regulations. For this reason, it is necessary to add polygamy permissibility requirements where the prospective wife to be married is a widow who has orphans.]]>
<![CDATA[Development of the Shafi'iyyah Fiqh Thought Pattern and the Role of al-Nawawī as a Unifier ]]>
<![CDATA[Helmi Imran]]>;
<![CDATA[Karimuddin Abdullah Lawang]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (887.174 KB)
|
DOI: 10.29240/jhi.v7i1.4233
<![CDATA[This study aims to find factors for the emergence and development of the Shafií School of legal thought and the role of al-Nawawī as a unifier of these thoughts. Legal thought in the Shafií school of thought at the beginning of the revival of the school was very diverse, so this also affected the legal analogy that developed between one region and another. This research is a qualitative research, in which the data were analyzed by using content analysis based on the text of the thoughts of the scholars. Based on the results of the study, it can be understood that the birth of various styles of thought in the Shafií school was caused by the different methods of thinking of the scholars from different regions in developing the Shafií school of thought, such as the areas of Iraq and Khurasan. Iraqi scholars prefer the riwāyah method while Khurasan scholars prefer the dirāyah method. In addition, each of these styles of thinking has advantages and disadvantages. The advantage of the Iraqi style is in the transmission of mazhab opinions and the rules of ijtihad, so that this style of thinking is considered stronger than Khurasan, while the Khurasan style lies in the systematic method of legal development, so that this style is considered better in legal development cases. The weakness of the Iraqi style of thought is in terms of takhrīj and tafrī’ compared to the Khurasan style, while the Khurasan style is weak in terms of the accuracy of the transmission of opinions compared to the Iraqi style. This has inspired the scholars who lived afterward, such as al-Nawawī (d. 676 H) to initiate the unification of these styles of thought. Therefore, al-Nawawī is seen as the most representative of the Shafi'iyyah scholars in developing the Shafi'i school.]]>
<![CDATA[Resistensi Ulama Terhadap Konsep Takharuj Dalam Fikih Hanafiyah ]]>
<![CDATA[Elfia Elfia]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (353.237 KB)
|
DOI: 10.29240/jhi.v3i1.420
<![CDATA[This research is based on the desire to know the cause of rejection (resistance) of ulama to the concept of takharuj which isdeveloped in fikih Hanafiyah. The Hanafiyah scholar follows the way of takharuj (the removal of one or more beneficiaries from the heirs of the beneficiary in return for the benefit of other beneficiaries either by using his own property or from the heritage property. However,there is a weak point in the completion of the law so that scholars outside Hanafiyah refuse and do not practice it. This research is a library research by collecting and reading jurisprudence literature that contains the opinion of the major ulama and Hanafiyah scholars as the primary material. The approach used in this study is a normative approach. There is a resistance (rejection) of scholars to the concept of takharuj submitted by Hanafiyah scholars because takharuj is considered as a legacy sale but the object of trading is not yet or is not clear. This is contrary to the general principle of muamalah maaliyah. Besides, giving inheritance to the heirs before the person died, even though the purpose was to benefit the heirs, violates and conflicts with the prophecy of qath'i, and the principle of ijbari in inheritance.]]>
<![CDATA[Poliandri di Kalangan Masyarakat Muslim: Studi Sosiologis di Kelurahan Bunut Kecamatan Kisaran Barat Kabupaten Asahan ]]>
<![CDATA[Hasliza Lubis]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 1 May (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (494.651 KB)
|
DOI: 10.29240/jhi.v5i1.1198
<![CDATA[The purpose of this research is to know the factors that cause the Muslims in Bunut village west Kisaran District Asahan Regency to do polyandry practice. The process of a wife’s marriage is still valid marriage to her first husband. Wives get married to other man without any divorced or divorce proceedings because the wife is separated form the first husband. This research is a field study, researchers use qualitative debitor that use the interview method as primary data which then generates descriptive analytical data. Results of this research, after conducting the factors are influenced by economic factors, low levels of education, and lack of awareness of people's understanding of the law, the first husband is not responsible, the husband's work away from his wife, polygamy husband, high lust, and weak supervision of the Office of Religious Affairs (KUA) when the parties get married husband and wife. Regarding public awareness in Bunut about marriage belong is low so that they does not follow the rules in Islamic law, marriage law and compilation of Islamic law.]]>
<![CDATA[Strategi Jihad Digital Sebagai Upaya Perlawanan Informasi Negatif: Studi Metode Istihsan pada Akun Instagram ]]>
<![CDATA[Arbanur Rasyid]]>;
<![CDATA[Musda Asmara]]>;
<![CDATA[Maulana Arafat Lubis]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 2 November (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (691.866 KB)
|
DOI: 10.29240/jhi.v6i2.2797
<![CDATA[This research aims to provide educational insight for netizens on how to get smart ways to counteract negative information on social media, especially Instagram as the object of this discussion. The method used by the author in this discussion is a literature study with the main sources being documentation, news, articles that are in accordance with the topic of study. The results of this study are that there are several groups of netizens who are easily influenced by negative news, they are also easily provoked based on social media behavior. Digital jihad strategies on Instagram accounts using the istihsan method as a step to combat misinformation or news; negative by verifying or "tabayyun", then filtering the news sources and measuring in terms of benefits and harm, so that valid conclusions can be found regarding the source of the news circulating on social media Instagram.]]>
<![CDATA[Ibadah Haji Ditinjau Dari Berbagai Aspek ]]>
<![CDATA[Budi Kisworo]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 1 June (2017) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (610.646 KB)
|
DOI: 10.29240/jhi.v2i1.194
<![CDATA[Hajj is a very special worship in Islam. It is the spiritual congress of Muslims worldwide. His position in religion as the fifth pillar of Islam, but in terms of its appeal to the interests of the Muslim community, the pilgrims ranked first. There are no districts or provinces in Indonesia that are waiting list of hajj candidates for only one year. It's all over five years. Hajj comes from the Shari'ah of Prophet Ibrahim. Which was transmitted by the Prophet Muhammad and followed by his people until the end of time. The goal is that mankind wants to imitate the behavior of Prophet Ibrahim, his wife Hajar, and his son Ismail in surrendering in totality to his Lord. The spiritual monument built by Prophet Ibrahim and his family has been practiced and perfected by the Prophet Muhammad. Through the pilgrimage, the spiritual monument built by four central figures, Ibrahim as., Siti Hajar, Ismail as., And Muhammad saw. It would be taken home by every pilgrim as a souvenir to be dedicated to the community in their respective hometown. Not the title of Pak Haji or Bu Hajjah, not white “peci” or white “mukena” as a symbol of hajj mabrur, but "pure heart" as the embodiment of total submission of faith to the Most Own.]]>
<![CDATA[Hukum Homoseksual Perspektif Maqashid Syariah ]]>
<![CDATA[Siska Lis Sulistiani]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (680.665 KB)
|
DOI: 10.29240/jhi.v4i2.813
<![CDATA[The purpose of this study is to find out aspects of sharia maqashid or the objectives and wisdom of the rule of law related to homosexual behavior, because the purpose of law enforcement is in addition to causing deterrent effects for the culprit and awake a sense of justice for all humans. This research is a normative juridical study, which uses secondary data in the form of primary, secondary and tertiary legal sources (library data), collected through library research and analyzed qualitatively descriptive. So that the discussion can be found in accordance with the data obtained. The results of this study state that Islam exists as a religion contained in universal and humanist legal aspects, for the benefit of all beings in the world. Deviant behavior such as homosexuality is a behavior that is given harsh sanctions in Islam because for the sake of maintaining the benefit of human life, both in terms of protecting offspring (hifdz nasab), maintaining honor (hifdz irdh) and health (hifdz nafs). Sharia maqasid needs to be understood from a strict rule, especially aspects of Islamic criminal law so that Muslims can understand thoroughly the rule of law is not just believe or become a phobia.]]>
<![CDATA[Pertimbangan Perkara Pemeliharaan Anak di Pengadilan Agama Manado ]]>
<![CDATA[Ridwan Jamal]]>;
<![CDATA[Rosdalina Bukido]]>;
<![CDATA[Yasin Yasin]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 2 November (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (700.472 KB)
|
DOI: 10.29240/jhi.v6i2.2453
<![CDATA[This research aims to analyze the consideration of judge in giving the case decision on child custody (hadanah) as well as upholding the decision of religious court in Manado concerning accountability of child custody. This type of research is field research which is qualitative and used descriptive analysis research method. Whilist the approach used in this research is empirical law method. The result of research shows that the child custody decided by religious court in Manado is persuasive, namely through sociological considerations and considerations of benefit (maslahat), so that it will not harm the child or cause family conflict. Various problems in Manado religious court due to the lack of responsibility, cherish and education from parents to their children became the judge’s consideration in deciding the case. Therefore, the judges must be careful in making decision. In addition, in resolving the issue of hadhanah, not only formal rules must be mentioned, but also legal values, social principles, religious principles, the environment that will be given to parents concerning hadhanah and some other aspects must be considered, especially about the future of their children.]]>
<![CDATA[The Analysis of the Decisions of the Sharia Court Judges on Child Rape Cases in the City of Langsa ]]>
<![CDATA[Muzakkir Muzakkir]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (677.148 KB)
|
DOI: 10.29240/jhi.v7i2.4922
<![CDATA[This study analyzes of the Decisions of the Sharia Court Judges on Child Rape Cases in the City of Langsa Number 33/JN/2021/MS.Lgs, which gave a prison sentence for perpetrators of raping biological children, this type of research is qualitative using empirical normative legal methods (application) that will analyze the written law and apply it at the time of the case. Research is a type of normative research using a case approach; the primary data source is in the form of a first-level decision that was tried by the Mahkamah Syar’iyah of Langsa City Number 33/JN/2021 /MS.Lgs, as for the research findings, the judge gave a decision based on the Qanun Jinayat with a fine of 165 months in prison because the victim in his request to be tried by the Qanun jinayat. The things that burden the uqubat for the perpetrators are: The defendant's actions did not support the Aceh Provincial government's program in enforcing Islamic Shari'a in Aceh Province; The Defendant's actions caused anxiety and damaged the future of the Victim's Child; The defendant is the biological father of the victim's child who is supposed to protect and guide the victim's child; and while the mitigating factors for the perpetrator are that the defendant is polite at trial and has never been convicted.]]>
