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.
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133 Documents
<![CDATA[Kewarisan Beda Agama di Nagari Persiapan Bancah Kariang Kecamatan Kinali Kabupaten Pasaman Barat ]]>
<![CDATA[E. Elfia]]>;
<![CDATA[Surwati Surwati]]>;
<![CDATA[Yan Fajri]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 2 November (2021) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v6i2.3479
<![CDATA[This study aims to find out the basis and reasons for heirs of different religions to get inheritance from heirs who died and how the distribution of inheritance is carried out by the community in Nagari Bancah Kariang, Kinali District, West Pasaman Regency. This research is an empirical research using a socio-legal approach. The data used is qualitative data which is analyzed descriptively qualitatively. The findings from this study are the basis and method of dividing inheritance of different religions in Nagari Preparation Bancah Kariang, Kinali District, West Pasaman Regency is based on the habits that have been carried out by the family so that it has been passed down from generation to generation until now and the distribution of inheritance is carried out equally, regardless of religion. in a family member after the death of an heir. This is done with the aim of maintaining harmony among his family and is considered a fair distribution of inheritance with a family system. Families that have family members of different religions also get an equal share and do not differentiate the income from inheritance to their children to strengthen the relationship between children and their parents. The practice carried out by the Nagari Bancah Kariang community clashes with the Prophet's hadith which clearly states that different religions are a barrier to inheriting under any pretext because ikhtilaf al-diin is one of the mawani '(barriers) in Islamic inheritance law.]]>
<![CDATA[Makna Menurut Ibnu Hajib ]]>
<![CDATA[azizullah ilyas]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 2 December (2016) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v1i2.114
<![CDATA[Artikel ini bertujuan untuk mengetahui pandangan Ibnu Hajib mengenai makna suatu kajian dalam upaya memahami klasifikasi, pembagian dan bagian-bagian makna. Dalam Islam studi makna memiliki kedudukan penting sebagai upaya memahami teks keagamaan. Suatu kata akan memiliki beragam makna ketika terdapat dalam kalimat. Pemaknaan akan teks keagamaan sangat mungkin memunculkan penafsiran yang beragam, maka perlu diketahui bagaimana konsep makna dalam pandangan ulama ushul dan Ibnu Hajib merupakan salah seorang ulama ushul yang mengkaji makna. penelitian ini menggunakan metode kajian kepustakaan. Penelitian ini menemukan bahwa Ibnu Hajib memiliki pandangan bahwa lafadz dapat memiliki makna yang bukan hanya makna yang ditunjukan oleh lafadz, Ibnu Hajib menggolongkannya menjadi makna manthûq (what it said) dan mafmum (implikatur), makna mafhum terbagi menjadi mafhum muwafaqah yang terdiri dari fahwa al-khitab dan lahna al-khitab dan mafhûm mukhâlafah , sedangkan makna manthûq terbagi menjadi makna manthûq sharih yang terdiri dari thadamun (entailment) dan muthabaqah dan manthûq ghairu sharih.]]>
<![CDATA[Eksistensi Hukum Keluarga Islam di Indonesia dalam Kontestasi Politik Hukum dan Liberalisme Pemikiran Islam ]]>
<![CDATA[Athoillah Islamy]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v4i2.1059
<![CDATA[This research aims to understand the existence of the Compilation of Islamic Law (KHI) and its status in the political perspective of the formation of law. In addition, it is also to understand the existence of KHI in the midst of the liberalism movement of Islamic legal thinking in Indonesia. This research is a qualitative research in the form of literature review. While the type of legal research in this study, namely historical normative legal research. There are two big conclusions from the results of this study. The First, the formation of KHI accommodates orthodox and responsive legal strategies. The second, the existence of KHI remains consistent even though there have been many thoughtful efforts and studies that have criticized it. This is due to the criticism only as the impact of the opening of the democratic climate for the liberal movement of Islamic thought in the public sphere.]]>
<![CDATA[Pemikiran Ibrahim Hosen Tentang Konsep Pernikahan dan Kontribusinya Terhadap Pembaruan Hukum Perkawinan di Indonesia ]]>
<![CDATA[Widya Sari]]>;
<![CDATA[Muhammad Arif]]>;
<![CDATA[Elkhairati Elkhairati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6, No 1 May (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i1.2540
<![CDATA[This paper aims to examine Ibrahim Hosen's thoughts on the meaning and purpose of marriage and his contribution to the reform of marriage law in Indonesia. How Ibrahim Hosen's thinking about marriage is limited to the definition and purpose of marriage, how various thoughts exist and how the contribution of Ibrahim Hosen's thoughts to reforming marriage law in Indonesia is the problem of this research. This is a library research. The data analysis method used is content analysis. As a result, the definition of ownership in the marriage contract according to Ibrahim Hosen is not a contract to have a wife's body, making a wife an object by the husband. However, the right of ownership in the definition of marriage means the right to have the use of the husband against the wife, in addition to the haram husband who feels the pleasure of the wife. Based on this, it can be concluded that there is no patriarchal element in the definition of marriage as explained by the fiqh scholars. Ibrahim Hosen explained that marriage in Islam aims to build a prosperous household full of sakinah, mawaddah, and mercy. Therefore, linking the husband's obligation to provide for his wife with tamkin is clearly not right, because it seems as if the purpose of marriage is just a matter of sex. This thinking must be corrected by conducting a review, because the obligation to provide a living takes effect after the marriage contract occurs. Therefore, the provisions of Article 80 paragraph [5] KHI related to the relationship between husband and wife and tamkin, need to be revised.]]>
<![CDATA[Cultured Meat for Indonesian Muslim Communities: A Review of Maslahah and Prospect ]]>
<![CDATA[Hudzaifah Achmad Qotadah]]>;
<![CDATA[Ali Chamani Al Anshory]]>;
<![CDATA[Adang Darmawan Achmad]]>;
<![CDATA[Ma’isyatusy Syarifah]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 2 November (2022) ]]>
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DOI: 10.29240/jhi.v7i2.5476
<![CDATA[The aim of this study is to examine the concerns surrounding cultured meat and the obstacles it presents in terms of halal issues, particularly for Muslim communities in Indonesia. The production of cultured meat is currently being heralded as one of the most significant advances of this century. Cultured meat is something that is made in a lab using techniques from bioengineering. Although it is not raised on farms like traditional meat, it shares many of the same biological similarities. This innovation still confronts several obstacles, such as the halal issue, which is still discussed by many Muslim academics, including those in Indonesia. A full qualitative method was employed, which was based on library research to investigate the stated problems, and all the findings were analyzed descriptively. The findings of the study have revealed that, despite various different arguments from Muslim academics’ perspectives regarding the halal status of cultured meat, it will be wiser if the related authorities as well as religious institutions join forces to examine the halal status of cultured meat. Once cultured meat is recognized as halal, it will provide more significant benefits, particularly for Muslim communities in Indonesia. It is also taken into consideration that cultured meat may have the ability to overcome global problems associated with the environmental implications of meat production, animal welfare, food security, as well as human health, or in other words it can offer certain mashlahah in comparison to traditional meat production.]]>
<![CDATA[Undian Berhadiah Alfamart di Kota Bengkulu dalam Perspektif Ekonomi Syariah ]]>
<![CDATA[Wahyu Abdul Jafar]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v4i1.634
<![CDATA[This study aims to examine the issue of lucky draw that has been held by the management of Alfamart in the city of Bengkulu for the marketing interests of a produk. In order to reap maximum profits from consumers, the management of Alfamart in City of Bengkulu did not hesitate to give gifts to lucky consumers. But the problem is, sometimes this lucky draw still contains gambling (Maisyir). This research is included in the field research category, while in analyzing the data obtained, researchers use normative approaches. Data collection techniques used are interview techniques and documentation. After an in-depth study obtained a conclusion that law of the Alfamart lucky draw in the city of Bengkulu is divided into two, namely: First, the law is halal if the lucky draw is made into prizes without financial requirements to buy certain products or pay a certain amount of money. This gift is purely a form of ta'dhiman (Respect) or Mahabah (affection). The second, the law is haram, if the lucky draw uses a lottery system or gambling, that is, someone can take part in the lucky draw if you have purchased a certain produk or after paying money with a certain amount of money.]]>
<![CDATA[Kesaksian Non Muslim dalam Putusan Hakim Pengadilan Agama Curup Nomor 571/Pdt. G/2016 ]]>
<![CDATA[Ahmad Nashoha]]>;
<![CDATA[Yusefri Yusefri]]>;
<![CDATA[Sri Wihidayati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 2 November (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i2.1837
<![CDATA[The focus of the study of this article is on the Decision of the Curup Religious Court Judge number 571 / Pdt. G / 2016, which received testimony from non-Muslims. The classical fiqh scholars have formulated that Islam is one of the conditions that must be met in order to receive witnesses or testimony in a trial. As for the non-Muslim witnesses, the fiqh scholars have different opinions. Imam al-Syafi'i flatly rejected it. Other fiqh scholars, from the Hanafiah, Maliki and Hanabilah circles, accept non-Muslim testimonies in certain cases and circumstances. This article examines two issues, first, what the judges consider accepting non-Muslims as witnesses, and second; how is the view from the Maqâshid al-Syarî`ah side. These two problems were analyzed descriptively qualitatively, using the content analysis method and the Maqâshid al-Syarî`ah analysis approach. This article concludes: First, the judge's consideration of receiving non-Muslim testimony in the Curup Religious Court Judge's Decision number 571 / Pdt. G / 2016 is due to the absence of Muslim witnesses. Second, in the perspective of Maqâshid al-Syariah, the acceptance of testimony from non-Muslims in the absence of Muslim witnesses becomes a conditional need so that the case process can be resolved properly and fairly, lâ dharâra wala dhirâr, leading to the maintenance of the benefits of marriage. When Muslim witnesses are not found (absent), the testimony of non-Muslims can be categorized as the benefit of the hajiyat level. namely the level of benefit needed to provide convenience and eliminate difficulties in implementing legal provisions.]]>
<![CDATA[Maqashid Sharia Perspective of Legal Sanction for Khalwat Actors in Aceh ]]>
<![CDATA[Mulizar Mulizar]]>;
<![CDATA[Asmuni Asmuni]]>;
<![CDATA[Dhiauddin Tanjung]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7, No 1 May (2022) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v7i1.3587
<![CDATA[This paper discusses the dynamics of punishment for khalwat perpetrators which is habitually inclined to implement the rule of law underlined in Aceh. The aim of this research is to analyze the provision of legal sanctions carried out by Acehnese for khalwat perpetrators based on the maqashid sharia perspective. This study was conducted by using empirical juridical research with law sociology approach, and the source of the main data was an interview which was completed by supporting data such as significant articles related to the khalwat cases in Aceh. The results of this study point out that normatively the provision of sanctions for khalwat perpetrators in Aceh are regulated into two forms, namely Jinayat Law Qanun, and the Development of Traditional Life and Custom Qanun. Each of these regulations has differences in the provision of law sanctions for the khalwat perpetrators that cause law dualism. Practically, the sanctions determined by Acehnese for the khalwat perpetrators are various depending on each region. There are four kinds of sanctions enforcement, namely; First: Jinayat Law Qanun, Second: Customary Law, Third: the sanction of punishment in the name of customary law, Fourth: persecution. Based on maqashid al sharia aspect, some of these punishments are considered not in accordance with sharia principles, law of persecution, and in the name of customary law. Indeed, these regulations tend to be decided arbitrarily and even followed by torture.]]>
<![CDATA[Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal ]]>
<![CDATA[Jurna Petri Roszi]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018) ]]>
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DOI: 10.29240/jhi.v3i1.419
<![CDATA[This article aims to describe the problems of the application of criminal sanctions against polygamy committed illegally in the middle of society. Regardless of the controversy of agreeing and disagreeing, the issue of polygamy is a reality that occurs in society. The purpose of polygamy is the same as the purpose of marriage itself, that is worship. However, when the issue of marriage, that in is fact private law, violates the provisions, then the perpetrators may be subjected to criminal sanctions. Criminal sanctions imposed on illegal polygamists are very diverse. This is supported by the attitude of government's ambiguity in viewing illegal polygamy. The Government's doubt and uncertainty in viewing the illegal act of polygamy has implications for the inherent criminal sanctions against the act, strangely the criminal sanction inherent in the law depends on the degree to which the regulations are looked at. This research uses normative law research method whith normative juridical approach. The results of illegal polygamy research is not seen as overspel acts that can be threatened with criminal provisions Article 284 of the Criminal Code because the element of overspel is not the same as polygamy. Polygamy remains a legitimate marriage as the norms contained in the Law No.1 of 1974 onmarriage.Nevertheless the marriage of polygamy must still fulfill the terms and conditions as determined by the Law No.1 of 1974.]]>
<![CDATA[Takhrij Fikih dan Permasalahan Kontemporer ]]>
<![CDATA[Meirison Meirison]]>;
<![CDATA[Desmadi Saharuddin]]>;
<![CDATA[Rosdialena Rosdialena]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5, No 1 May (2020) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v5i1.1235
<![CDATA[This paper aims to describe Takhrij as a medium for understanding the general rules established by imams that are built on the fiqh fiqh by induction and analyzing specific problems (furu 'fiqhiyah), this is what the takhrij ushul means for furu'.Takhrij also means to resolve differences furu 'fiqhiyah with the ushuliyah rules originating from the imams. It is expected to find a law that does not have the proposition shara 'by returning it to the rules and ushul. With a literature study and comparative approach to descriptive analysis, it is found that fiqh takhrij is also used to recognize the law that comes from a priest in a problem that has no text. Its can be made by comparing it with the same furu 'problem with the texts (qiyas), or comparing it with the understanding of Imam's texts or its generality. This is the furu takrij 'on furu'. Takhrij fiqh can be applied to contemporary problems such as loading and unloading insurance, inflation, copyright, furu 'and Syariah laws' in contemporary matters. The development of takhrij fiqh is dependent on the interaction of theory and practice in the existing field to produce solutions to contemporary problems.]]>
