cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ahmad Ashril Rizal
Contact Email
ashril@uinmataram.ac.id
Phone
+6281805765431
Journal Mail Official
istinbath@uinmataram.ac.id
Editorial Address
Fakultas Syariah, Universitas Islam Negeri Mataram, Jalan Gajah Mada No. 100 Jempong Baru, Mataram
Location
Kota mataram,
Nusa tenggara barat
INDONESIA
Istinbath: Jurnal Hukum dan Ekonomi Islam
Published by Universitas Islam Negeri Mataram
ISSN : 18296505     EISSN : 26549042     DOI : -
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Istinbath fokus pada bidang hukum Islam yang meliputi Hukum Keluarga Islam, Ekonomi Syariah, Hukum Pidana Islam, Fiqh-Ushul Fiqh, Kaidah Fiqhiyah, Masail Fiqhiyah, Tafsir dan Hadits Ahkam.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 12 No 1 (2013): Juni" : 6 Documents clear
PENERAPAN HUKUMAN MATI BAGI PELAKU KEJAHATAN KORUPSI DI INDONESIA: ANALISIS PENDEKATAN TEORI MAQÀSHID AL-SYARÌ’AH Khaeron Sirin
istinbath Vol 12 No 1 (2013): Juni
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.931 KB)

Abstract

Corruption is a serious crime in Indonesia that has destroyedthe foundation of the state and nation. Not only is corruptiondetrimental to the state, but it also snatches social rights and economicdevelopments in general. This crime is very difficult to eradicate,because it is often committed through a systematic way and involvedthe people who hold economic and political power. The impactsof corruption are devastating. It is time now to classify corruptionan extraordinary crime that needs an extra effort, comprehensiveapproach and systematic way to eradicate it. One way to do this is byimposing death penalty to corruptors.
HADITH NABI SEBAGAI SUMBER AJARAN ISLAM: Dari Makna Lokal-Temporal Menuju Makna Universal Abdul Haris
istinbath Vol 12 No 1 (2013): Juni
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1559.647 KB)

Abstract

This article discusses two existing different, contradicting views of Muslims about Hadith and offers a solution for this. The first view maintains that Hadith may contain local or temporal meanings that reflected the life of the Prophet in the seventh century of Arabia. In this view, Hadith should be seen as a historical narrative that waist closely related to its contexts. The second view holds that Hadith is the second source of Islam after the Qur’an and has become the religious reference for Muslims since early time of Islam until today, even up to the end of day. This article proves that both views are valid. It, however, proposes to find a method to understand best Hadith in contemporary Muslim’s lives. By contextualizing Hadith from its temporal meaning to its universal meaning, Hadith will be always meaningful for Muslim’s contemporary lives.
RELEVANSI BERMAZHAB (Reorientasi dari Bermazhab Qaulì menuju Bermazhab Manhajì) Imam Mustofa
istinbath Vol 12 No 1 (2013): Juni
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.5 KB)

Abstract

This article discusses the relevance of following a certain Islamic legal school (mazhab) in this era, where science advances sophisticatedly and media grows rapidly. Educational institutions have also emerged every where. Islamic sciences or Islamic studies have been taught at various educational institutions. As time has passed, situations and conditions, social setting and socio-cultural conditions have also changed. This era is different from the social settings and the conditions at the time of the first scholars or jurists conducted ijtihad. Do well-trained Muslims in fiqh and and usul al-fiqh still need to follow a certain madzhab or even to blindly follow it (taqlid)? If so, to what extent are they allowed to follow a madzhab, at the level of methodological aspects or at the level of doctrinal ones? This article responses these questions. This is a library research that uses usul fiqh approach. Data are collected from the work usul fiqh and fiqh, both classic and contemporary work. This article argues that for those who are qualified to do ijtihad is not allowed to follow the product of a madzhab’s legal doctrines. However, for those who have no competence to do ijtihad are encouraged to follow Islamic legal doctrines from a particular Islamic school that they think most relevant to their own contexts.
PERADILAN AGAMA DAN SENGKETA EKONOMI SYARI’AH (Studi Atas Efektifitas UU No 3 Tahun 2006 di Kota Metro) Mufliha Wijayati
istinbath Vol 12 No 1 (2013): Juni
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1559.815 KB)

Abstract

Since the born of Enactment of law No. 3 2006 and Act No. 50 2009 is a new era of religious couts. These acts was a change of Act No. 7 1989 of Religious Courts. The main changes of this law is the existence of absolute territorial expansion of the religious courts to handle economic Syariah dispute. This paper answered how the readiness of religious court Class IB Kota Metro dealing with islamic finance dispute and identified supporting factors and inhibiting factors related to the readiness of religious courts of Kota Metro to handle absolute competence in Islamic finance dispute. The findings of this research showed that the result of observation and interview to the judge, clerk of the court, jury and enterpreneur analyzed by Friedman theory. The result showed that the religious court Kota Metro has been ready to handle islamic finance dispute at the legal substance and legal structure level. The problem was on law culture of citizen that tend to avoid the curiousity toward law and court. As a result, some islamic finance disputes that happened in BMT, BPRS and Bank Syariah compromised out of the court. The solution of the problems were chosen because of some considerations such as case complexity, economic factor and maintaining good relationship factor.
TINJAUAN HUKUM POSITIF TERHADAP APLIKASI IJÀRAH MUNTAHIYAH BI AL-TAMLIK (IMBT) PADA PERBANKAN SYARI’AH Muh. Baehaqi
istinbath Vol 12 No 1 (2013): Juni
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.688 KB)

Abstract

Ijàrah Muntahiyah Bi al-Tamlìk is a combination of the two contract: lease contract (ijàrah) and sale and purchase contract (bai‘). Ijàrah contract with ownership at the end is one of the favorite products and is recognized by the Majlis Ulama Indonesia through its National Fatwa Council of Sharia. This paper aims to compare the concept of Ijàrah Muntahiyah Bi al-Tamlìk with those of contracts prescribed by state laws in Indonesia. It argues that any purchase agreement on the principle of hire purchase between Shariá-based banks and their customers will not use a fixed, but lose rule of treaty/contract (Treaty Innominaat), because it is not regulated by the Civil Code. In case this contract/agreement may trigger disputes between the parties in the future, the settlement is arbitrarily decided by the parties who must agree between themselves on whichever rules may apply and work for them, as this is regulated in Article 1338 (1) Civil Code.
KOMPARASI HUKUM ISLAM DENGAN UU NO. 4 TAHUN 1979 TENTANG HAK ANAK Ulya Sofiana
istinbath Vol 12 No 1 (2013): Juni
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1559.696 KB)

Abstract

Children need protection not only because they are weak but also because they are the next potential generation. Since they are not yet able to fulfill their own needs and to protect themselves from dangers, they need helps from others in realizing their rights. As a young generation, they deserve mental and physical well-beings to ensure their growth. Based on analyses of various theories and references, this study seeks to examine and compares the Law of Child Welfare No. 4/1974, especially Article 2, and Islamic law regarding children’s welfare and rights. This study finds that Islamic law has a more comprehensive rule on children’s rights and well-being than that of the positive law. Islamic law, for example, stipulates that children deserve early care and protection even when they are still in their mother’s womb.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2013 2013


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): December Vol. 24 No. 1 (2025): June Vol. 23 No. 1 (2024): June 2024 Vol. 23 No. 2 (2024): December Vol. 22 No. 2 (2023): December 2023 Vol. 22 No. 1 (2023): June 2023 Vol. 21 No. 2 (2022): Desember 2022 Vol. 21 No. 1 (2022): Juni 2022 Vol 15 No 2 (2016): Desember Vol 20 No 2 (2021): Desember 2021 Vol 20 No 1 (2021): Juni 2021 Vol 19 No 2 (2020): Desember Vol 19 No 1 (2020): Juni Vol 18 No 2 (2019): Desember Vol 18 No 1 (2019): Juni Vol. 17 No. 2 (2018): Desember Vol 17 No 2 (2018): Desember Vol 17 No 1 (2018): Juni Vol 16 No 2 (2017): Desember Vol. 16 No. 1 (2017): Juni Vol 15 No 1 (2016): Juni Vol. 14 No. 2 (2015): Desember Vol 13 No 2 (2015): Juni Vol 12 No 1 (2013): Juni More Issue