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Ahmad Ashril Rizal
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istinbath@uinmataram.ac.id
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Fakultas Syariah, Universitas Islam Negeri Mataram, Jalan Gajah Mada No. 100 Jempong Baru, Mataram
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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 15 Documents
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Search results for , issue "Vol. 23 No. 2 (2024): December" : 15 Documents clear
IMPLICATIONS OF SHARIA ECONOMIC LAW FOR HALAL CERTIFICATION ON IMPORTED PRODUCTS IN INDONESIA Rismilda, Nela Aprilia; Supangat, Supangat
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.655

Abstract

The rapid flow of globalization certainly impacts aspects of life, including the increasingly accessible economic aspect. The magnitude of free trade results in various products entering a country without strict supervision in terms of quality. Indonesia is a country with high export-import activities; this can be seen based on data from the Badan Pusat Statistik (BPS) on Imports of Beef from 2017 to 2021, which shows an increase every year. The size of imported products entering Indonesia is necessary to monitor and check the halalness of these products, considering that the majority of the population in Indonesia is Muslim. This study aims to analyze the position of halal certification of imported goods or products based on the perspective of Sharia economic law. This research uses qualitative methods with data collection techniques and literature study. The results show that the position of halal certification of imported products based on the perspective of sharia economic law has a central position as stated in the Qur'an, some hadiths of the prophet, and other sources of Islamic law for which none of these sources of law reject the existence of halalness to what Muslims need. In addition, the position of halal certification of imported goods in terms of Sharia economic law is also seen as an effort to be in harmony with Islamic teachings, which aim to bring maslahah, not mafsadah, to the people who consume.
THE CONCEPT ILLAT OF USURY ON MONEY FROM THE PERSPECTIVES OF THE FOUR MADZHAB AND CONTEMPORARY ULAMA Anam, Hoirul; Fauzi, Ahmad; Nurohman, Dede
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.689

Abstract

The concept of usury in money is still unclear when it has not been studied, apart from the differences in the opinions of the four madhhab priests regarding usury, this is also caused by the limitations of our minds to capture the wisdom and lessons revealed by Allah SWT, as well as the increasingly modern era which demands new problems. which cannot be completely resolved, therefore it has become a taboo subject since ancient times until today. This paper contains taboos to be explained more clearly. This study uses a literature approach using the literature study method based on primary material, namely the book of al-fiqh al-Islami which is motivated by problems that exist in society. With the results of the study showing that the law of usury applies to money today, because there is a legal illat similar to gold and silver (Nuqud). And with this research, it is hoped that it can add to the body of knowledge in Islamic economics.
THE ROLE OF AL-URF IN CONTEMPORARY ISLAMIC ECONOMIC LEGAL ISSUES: SUSTAINABLE BUSINESS PRODUCTION DEVELOPMENT Santika, Ana; Ghozali, M. Lathoif
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.692

Abstract

The increasingly advanced development of industry impacts the development of transactions and production processes in an increasingly complex economy. Many transaction activities and production processes require ijtihad to find solutions to problems that may arise. The hope is that these transactions and production processes can run smoothly and follow Islamic law. This study aims to discuss how 'urf becomes a method and source of Islamic law in economic activities using a qualitative research methodology with a library research approach. This study concludes that Al-Urf in contemporary Islamic economic law provides a strong foundation through community customs that do not conflict with the Qur'an and Hadith. In responding to the challenges of the existing modern economy, it needs to be critically appreciated according to the context of its time, place, and situation, then developed according to the challenges of the times by using creative ijtihad in the corridor of sharia.
TAQNIN FIKIH : Transformation of Marriage Law in Indonesia Fernanda, Ahmad; Salma, Salma; Hidayat, Rahmat
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.694

Abstract

Indonesia has a pluralist background, so realizing one rule accommodating all interests is a challenge. Among them is the unification of the rules on marriage. The purpose of this study is to explore historically the growth and development of taqnin from time to time, taqnin of marriage law in Indonesia, the legality of post-taqnin marriage law, challenges and opportunities, and challenges of taqnin. This literature research method uses quantitative with an exploratory analysis approach, namely analyzing fikih munakahat products transformed into positive law. Data processing by managing library materials (library research). Secondary data sources are Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI) and books and articles based on OJS (Open Journal System). Techniques for analyzing the data obtained were exploratory and descriptive analysis using the techniques of reduction, display, and verification. The results showed that, based on historical aspects, taqnin had been pursued since the abasiyah daulah but has experienced ups and downs in its implementation. Second, The transformed legal product is dynamic. Third: Munakahat jurisprudence has gone through the process of taqnin to have the legality of state law, so it becomes the primary source in marriage issues. Fourth: The opportunities and challenges faced are internal and external.
BLOCKCHAIN ZAKAT IN LAW PERSPECTIVE AND ITS IMPLICATION ON ZAKAT MANAGEMENT Yusuf, Muhammad Zulfikar; Aufa, Muhammad Fikri; Umam, Khotibul
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.720

Abstract

The main aim of distributing zakat is to provide the broadest possible benefits to those in need whose basic needs, such as clothing, food, and shelter, are not yet met. One effort that can be used to optimize the management and distribution of zakat funds is using blockchain technology. This research is a qualitative descriptive with library research. The method used in this research is a normative legal research methodology with a conceptual approach based on the theories of Economic Analysis of Law and Theory of Change. This research shows that Islamic and normative laws provide opportunities to develop blockchain zakat while prioritizing effective and efficient Sharia principles and legal principles. If applied to zakat institutions, blockchain has various positive impacts, especially in managing zakat funds. Some of the positive effects of using blockchain technology include transparency and accountability, systematic fund tracking, smart contracts with automation methods, efficient administration costs, encrypted security features, cross-border network access, and others. These various advantages will undoubtedly impact increasing public trust in zakat institutions, thereby optimizing the potential of zakat funds and producing a much more significant contribution to the distribution and utilization of zakat funds to mustahik and the wider community.
EXPLORING THE IMPACT OF QRIS TECHNOLOGY ON GEN Z INTENTION TO CONTRIBUTE INFAQ TO MOSQUES Arifin, Samsul; Ratnasari, Ririn Tri; Pertiwi, Tanza Dona
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.729

Abstract

This study examines the impact of religiosity, ease of use, motivation, and intention to donate infaq among Generation Z in Jember, Indonesia, focusing on mosque donations via QRIS technology. Using a quantitative approach with 100 participants and analyzed through SEM-PLS, the study finds that religiosity enhances motivation through goal-focused behavior. In contrast, ease of use promotes motivation by simplifying the donation process. The research highlights QRIS's benefits, such as increased convenience and transparency, but also identifies challenges, including low digital literacy and limited understanding of infaq among some congregants. These findings suggest that while QRIS has the potential for improving mosque donations, addressing digital literacy and comprehension barriers is essential for maximizing its effectiveness among younger generations.
THE BEST INTERESTS OF THE CHILD FROM AN ADULT PERSPECTIVE (A Case Study on Child Marriage Dispensation Cases at the Sukadana Religious Court) Fathoni, Muhammad Nur; Oktora, Nency Dela; Wijayati, Mufliha
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.769

Abstract

This study examines how the child's best interests principle is applied in child marriage dispensation cases at the Sukadana Religious Court, emphasizing the contrasting viewpoints of applicants (parents or guardians) and judges. This topic is significant due to the high prevalence of child marriages at the Sukadana Religious Court, which frequently leads to various adverse effects on children's development. This research employs a qualitative approach combining normative and empirical methods, utilizing a case study framework. It includes an analysis of decisions from the Sukadana Religious Court, in-depth interviews with judges, and a review of case applicants. The results reveal that applicants and judges have yet to apply the child's best interests principle fully. Second, the applicants tend to focus on quick solutions to social, moral, or cultural pressures, such as out-of-wedlock pregnancies, premarital sexual relations, or concerns about family shame. Third, judges adopt a normative approach by assessing the child and their partner's physical, psychological, and financial readiness. However, they often prioritize solutions to the urgent situations presented by the applicants. The study concludes that strengthening the implementation of the child's best interests requires stricter regulations in decision-making, offering pre-marriage education and awareness programs on children's rights, and improving judges' competencies. This study recommends collaboration between the courts, educational institutions, and community organizations to strengthen public understanding of the child's best interests as the primary principle in child protection.
BIBLIOMETRIC ANALYSIS OF THE MAP OF THE DEVELOPMENT AND INFLUENCE OF THE PHENOMENON OF STREET CRIME (1966-2023) FROM THE PERSPECTIVE OF ISLAMIC LAW Putri, Fernanada Monica; Muthoifin, Muthoifin
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.770

Abstract

This study aims to determine the crimes that are still rampant in Indonesia by researching street crimes in Indonesia. This study employs qualitative research methods with a normative juridical approach, analyzing secondary data from published literature. The research employs bibliometric data analysis techniques through searching, deepening, examining, investigating, and researching all publications indexed in Scopus regarding the impact of street crime phenomena on public peace from a criminological perspective: public spaces in Indonesia from 1996 to 2023. The obtained data will be analyzed using Microsoft Excel and R/R-Studio applications. VOSviewer will be used synchronously for synchronous analysis of keyword emergence. Street crime is a phenomenon of street-level criminal activities observed from a specialized execution perspective. Terms in the Quran and Hadith related to the behaviour of klitih (a local term for violent behaviour) are also discussed, including the forms of legal measures applied to it. The term al-hirabah refers to armed groups aiming to create chaos, spill blood, and harm people, which is entirely contrary to religion, morality, rules, and laws. Prevention can be approached through traditional means, and legal enforcement must involve various community elements to take control of the issue with support from the state and formal institutions. The results show an annual growth rate of 6.49%, which represents the average yearly increase in published research papers on street crime over the studied period. This research provides a brief overview of the accessible literature and offers recommendations for future research.
ANALOGY AND HARMONY: AN ANALYSIS OF THE RIGHTS AND OBLIGATIONS OF ADOPTED CHILDREN IN THE DISTRIBUTION OF INHERITANCE FROM THE PERSPECTIVE OF ISLAM AND CHRISTIANITY Alfida, Laila; Azhari, Aidul Fitriciada
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.771

Abstract

This study examines an important comparative legal and religious issue regarding the rights of adopted children in inheritance distribution from Islamic and Christian perspectives. While the abstract summarises key findings, there is a risk of oversimplifying the complexities of religious doctrines and national legal systems governing inheritance laws. Although adopted children's rights are limited in Islamic law, the possibility of making a will can mitigate these restrictions; however, additional nuances arise from various schools of thought and interpretations that influence the scope of inheritance. Conversely, the Christian perspective is often generalised as uniformly granting equal rights to adopted children, which may only hold across some Christian denominations or legal systems influenced by Christian principles. The abstract would benefit from a more detailed analysis of internal variations within each religion and consideration of how different national laws operationalise religious principles. Furthermore, the notion of "harmony" between these two religious traditions in addressing justice for adopted children may be overstated, as the theological foundations guiding inheritance distribution differ fundamentally. A more critical engagement with potential conflicts or limitations in achieving harmonious legal frameworks would add depth to the analysis.
DISSENTING OPINION OF JUDGES IN THE PERSPECTIVE OF SIYASAH SYAR’IYYAH: A Study of the Constitutional Court Decisions No. 1/PHPU.PRES-XXI/2024 and No. 2/PHPU.PRES-XII/2024 (the Presidential Election Results) Mawarni, Wilda; Wardiono, Kelik
istinbath Vol. 23 No. 2 (2024): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i2.772

Abstract

This study delves into the significance and impact of dissenting opinions in Indonesia’s constitutional legal framework, specifically through an analysis of Constitutional Court Decisions No. 1/PHPU.PRES-XXI/2024 and No. 2/PHPU.PRES-XII/2024. In Indonesia, dissenting opinions, though non-binding, play an essential role in the judicial process by offering alternative interpretations and critiques of the majority's rulings. These opinions allow judges to express disagreements rooted in different legal reasoning, often contributing to a richer and more nuanced understanding of the law. By applying the perspective of Siyasah Syar’iyyah—an Islamic governance concept emphasizing justice (’adl) and public welfare (maslahah)—this study frames dissenting opinions as a vital tool for promoting justice and ethical governance within the legal system. The principles of justice and consultation (syura) in Siyasah Syar’iyyah align with the objectives of dissenting opinions, encouraging decision-making processes that are transparent, inclusive, and aligned with the broader interests of society. This research finds that dissenting opinions in the Constitutional Court not only provide critical viewpoints that can refine legal interpretations but also contribute to the legitimacy and resilience of legal policies. Furthermore, dissenting opinions often serve as a corrective mechanism, inspiring future reforms and guiding policymakers toward decisions that uphold equity and societal welfare. This alignment with Siyasah Syar’iyyah underscores the importance of dissenting opinions in fostering a legal environment that remains responsive to evolving social dynamics and rooted in the pursuit of substantive justice. Ultimately, this study highlights how dissenting opinions can act as a bridge between contemporary legal practice and foundational Islamic principles, ensuring that the ideals of Siyasah Syar’iyyah are meaningfully integrated into Indonesia’s legal landscape.

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