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All Journal Jurnal Adabiyah Al-Ahwal: Jurnal Hukum Keluarga Islam Alhadharah: Jurnal Ilmu Dakwah FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan AJIS : Academic Journal of Islamic Studies AL-FALAH : Journal of Islamic Economics Al-Madrasah: Jurnal Ilmiah Pendidikan Madrasah Ibtidaiyah Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Literasiologi Al-Musthofa: Journal of Sharia Economics El-Ghiroh : Jurnal Studi Keislaman Al-Awqaf: Jurnal Wakaf dan Ekonomi Islam AL-FALAH : Journal of Islamic Economics Alhadharah: Jurnal Ilmu Dakwah Al-Istinbath: Jurnal Hukum Islam Berasan: Journal of Islamic Civil Law
Syarial Dedi
Institut Agama Islam Negeri (IAIN) Curup
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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TELAAH PENDAPAT IBN QAYYIM AL-ZAWJIYAH TENTANG HUKUM TAWAF BAGI WANITA HAID Yunarti, Sri; Dedi, Syarial
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.12677

Abstract

The aims in this study is to construct women's jurisprudence by examining Ibn Qayyim's ijtihad regarding the permissibility of menstruating women performing tawaf. This is very interesting because there are clear provisions in the texts (the Qur'an and hadith) that prohibit such practice. Tawaf must be performed in a state of purity, considering that the ritual is performed inside the mosque, while there is a prohibition on entering the mosque in conditions of major impurity. This clearly shows the conflict between the texts and the product of ijtihad. This paper is a normative research in the form of a study of figures and is classified as literature research, commonly called qualitative research, and is supported by the approaches of fiqh and ushul al-fiqh. The data used is secondary data. Data collection was carried out by reading books by the figures discussed, namely: A’lam al-Muwaqiin an rab al-‘Alamin, by including literature related to this issue. The data analysis is inductive, consisting of content analysis through data reduction, data display, and a conclusion. This study concludes that Ibn Qayyim's opinion, which permits women to perform tawaf during menstruation, does not negate sacred law or ignore the provisions of the texts and the opinions of scholars, but rather links the provisions of the texts with sharia principles. This line of thinking pays close attention to the social conditions of society. This legal fatwa is still relevant to practice and can save women from the risks of consuming period-delaying pills.
Judicial Role Conflict in Civil Dispute Resolution in Indonesia: Judges as Adjudicators and Mediators at the Religious Court of Curup M.Reivaldy Elfitra Samudra Tungga; Syarial Dedi; Ilda Hayati; Rifanto bin Ridwan
Berasan: Journal of Islamic Civil Law Vol. 4 No. 2 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v4i2.16054

Abstract

The expansion of judicial functions through court-annexed mediation has led judges to serve not only as adjudicators but also as mediators in the resolution of civil disputes. This situation gives rise to potential role conflicts that have implications for the principles of judicial impartiality and independence. This study aims to analyze the forms and dynamics of judges’ role conflicts in practice, as well as their implications for the implementation of court-annexed mediation in Indonesia. This study employs an empirical legal approach through a case study at the Curup Religious Court, utilizing case file analysis and interviews with judge-mediators. The findings reveal that role conflict is a tangible phenomenon experienced by judges, particularly when performing mediation functions and subsequently adjudicating the same case. Nevertheless, this conflict does not directly undermine judicial impartiality, as it is addressed through the internalization of professional ethics and a commitment to independence. However, these findings also reveal that the effectiveness of judicial mediation remains highly dependent on the individual integrity of judges and is not yet fully supported by an optimal institutional design. This study contributes theoretically by positioning judges’ role conflict as an inherent characteristic managed within a hybrid dispute resolution system, and by emphasizing the importance of an approach that considers the interaction between norms, structures, and actors in the development of court-annexed mediation in Indonesia as part of a global issue.
Co-Authors Birahmat, Budi Birahmat, Budi Budi Birahmat Hardivizon Hardivizon Hartini Hartini Hasep Saputra, Hasep Iim Iim Ilda Hayati Lendrawati Lendrawati, Lendrawati M.Reivaldy Elfitra Samudra Tungga Rifanto Bin Ridwan Sudirman Sudirman Suprapti, Hartika Yunarti, Sri