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Ahmad Ashril Rizal
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istinbath@uinmataram.ac.id
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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 216 Documents
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RELEVANSI AYAT-AYAT TENTANG POLITIK DALAM AL-QUR’AN DENGAN KONSTITUSI DI INDONESIA: Tematik Pancasila, UUD 1945 dan Pasal-Pasal Kontroversial KUHP Ashari Mujamil; Ali Wafa
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.549

Abstract

The Qur'an has become a universal guide to life - including political ethics - although it is not explained explicitly so that in its development, the concept of politics and government reflected in the constitution often has relevance to the values of the Qur'an. This study aims to reflect on the main values in the al-Qu'an related to political ethics to be elaborated in the concept of the Constitution in Indonesia, namely Pancasila and the UUD 1945. This research analyses the result using a qualitative approach, a thematic literature study method aided by Abdullah Saeed's contextual hermeneutic approach. The research results show that as a whole, the Pancasila precepts have a meaning that is relevant to the values of the Qur'an, namely the 1st precept of monotheism, the 2nd precept of equality, the 3rd precept of brotherhood/ unity, the 4th precept of deliberation in the process of decision-making, and the 5th precept of social justice/welfare. As for the thematic review of the UUD 1945, there are basic values of political ethics in the Qur'an, namely regarding law, power, and sovereignty; leadership and democracy; government apparatus; and Human Rights. Regarding the controversial articles in the Criminal Code, there are several important points, including the limitations on freedom of expression, alternative criminal penalties and commutation of sentences for corruptors, as well as punishment for adultery perpetrators, which in the contextualization of the values of the Quran contains the relevance of ethical, political and moral values.
ONLINE LENDING IN THE DIGITAL ERA IN THE PERSPECTIVE OF ISLAMIC ECONOMIC LAW Safitri, Gieni Devi; Masruroh, Nikamatul; Munir, Misbahul
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.623

Abstract

The increasingly developing technology era makes the internet one of the dependencies in everyday life. The emergence of online loan services has an impact on people's economic life. Online loans have easy access and are not complicated to apply for business capital. However, many people still do not understand Sharia economic law in online lending services; therefore, the author aims to analyze online loans in the digital era from an economic law perspective. This research method uses descriptive qualitative analysis. The study results found that judging from online loans, it is permissible in case that there are no elements of usury, gharar, maysir, tadlis, dharar, zulm, and haram.
COMMUNITY EMPOWERMENT ACCELERATION MODEL TO INCREASE THE ROLE OF MICRO WAQF BANK AULIA CENDEKIA IN SHARIA ECONOMIC DEVELOPMENT Amin, Arif Rahman Nurul; Ibrahim, Duski; Abdullah, Bukhori
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.626

Abstract

Micro Waqf Bank is an intermediary institution that has enormous potential to increase Islamic economic development through financing accompanied by business assistance. The purpose of this study is to analyze the implementation of Micro Waqf Banks in Aulia Cendekia and formulate a model for accelerating empowerment in improving economic development. This study used a descriptive qualitative approach, data were obtained from observation and interviews, and analytical techniques used triangulation. The results of this study found that the Micro Waqf Bank in Aulia Cendekia not only offers capital loans but seeks to empower people who become customers from the beginning to become potential customers until after becoming customers, namely facilities in the form of socialization, training, Compulsory Group Training, to weekly Group activities commonly called HALMI. The impact of implementation of the empowerment acceleration model of Micro Waqf Bank Aulia Cendikia has a positive impact on customers from a shared responsibility system, without collateral or interest resulting in usury, there are no other costs that reduce customer profits. In addition, Micro  Waqf Banks are also carried out to empower the community under the supervision of OJK through accountability of internal reports to avoid actions outside the objectives and functions of  Micro Waqf Banks as a means of empowering communities in micro businesses to achieve sharia economic development
PROBLEMATICS OF LGBT ACCORDING TO MAQASID AL-SYARIAH WITH HIFDZ NASHL Indah; Nafiah; Almas Syafa; Siti Fatmala; Musyaffa Amin Ash Shabah
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.632

Abstract

This research reviews LGBT issues which are increasingly being discussed because everything seems to be something normal. This is due to the increasing access to globalization, reaching 8,013 cases in Bogor district where LGBT marriages are taking place. Thus this study analyzes the problems related to LGBT marriage to hifdz nashl. This research also uses qualitative methods with literature review, is library research which is literature review research by collecting various sources from both primary and secondary sources and uses library research methodology in analyzing secondary legal materials in the form of reading, analyzing, and collecting data from library research The results of the research are related to Islamic views which include the Qur'an and hadith as well as the consensus of the scholars who say that marriage is an act that is unlawful because of the impact of the LGBT community. In this case, the problems of LGBT marriages can have a major impact on hifdz nashl, as well as discussing how marriage in Islam should be carried out by a man and a woman and perform consent qobul between the man and the marriage guardian with two witnesses. So, when a man marries a man or vice versa it will be equated with adultery which is unlawful.
The PUNISHMENTS FOR INTELLECTUAL ACTORS IN THE CRIME OF MURDER: COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW IN INDONESIA Muhammad Hanifan Musliman Ma'as; Mohammad Syifa Amin Widigdo
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.638

Abstract

The involvement of intellectual actors in criminal cases generally goes unpunished and does not receive much attention in academic studies. Positive law in Indonesia and Islamic law have clear provisions regarding punishment for criminal acts committed by intellectual actors, especially in cases of murder. Therefore, the article aims to understand the position of intellectual actors in murder cases in Islamic law and positive law. In Islamic law, the intellectual actor could receive the death penalty. Similarly, in the positive law,  the death penalty could also be applied to the intellectual actor of murder cases. This case of murder provides an important illustration of how Islamic law is, to a certain extent, accommodated in positive law in Indonesia. By examining primary and secondary sources on the issue of these intellectual actors in Islamic law (fiqh literature) and positive law (Kitab Undang-undang Hukum Pidana, KUHP), this article comparatively discusses the similarities and differences between Islamic law and positive law in providing legal opinion for intellectual actors in murder cases.
ANALYSIS OF PURCHASE INTENTION WITH ATTITUDE TOWARD HALAL PRODUCTS AS A MEDIATING VARIABLE IN THE INDONESIAN ICE CREAM INDUSTRY Dadan Sumantri; Intan Widura Sakti; Iyan Gustiana
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.649

Abstract

The COVID-19 pandemic has destroyed most industries, especially the food and beverage sector, where if companies are not careful, they can face mass layoffs and even bankruptcy and company closure due to the pandemic. One affected food and beverage industry is dairy food, namely the ice cream industry. The ice cream industry has been devastated by COVID-19 as industry experts believe that in addition to lockdown restrictions, sales of ice cream are affected by fears or misconceptions that ice cream makes a person vulnerable to COVID-19. To increase consumer buying interest, the Indonesian government created a program to help entrepreneurs get halal certificates more quickly and for free. Numerous research studies have examined consumer attitudes toward halal products because they positively influence their intention to purchase a product to determine whether these halal certifiers can boost purchase intention and attitudes toward them. After all, they positively influence their product buying to determine whether these halal certifiers can encourage purchase intention. The method used in this research is a quantitative approach, using a survey as the data collection method. The respondents of this study are 200. In this study it was successful in stating that the attitude toward halal products can influence purchase intention. In addition, attitude toward the halal product is significantly influenced by halal knowledge and brand trust, not by religiosity factors
THE INFLUENCE OF ZAKAT LITERACY AND TRUST ON DECISIONS AND AWARENESS OF PAYING ZAKAT THROUGH AMIL ZAKAT INSTITUTIONS USING THE SEM-PLS METHOD Muhammad Zuhri; Muhammad Sholahuddin; Moechammad Nasir
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.653

Abstract

This research aims to determine the influence of Zakat literacy and trust in its influence on decisions and awareness in paying zakat through zakat amil institutions. The type of research is quantitative. The data collection uses survey methods, and data analysis is based on primary data obtained from the questionnaires distributed regarding the influence of Zakat literacy and trust on people's decisions in paying zakat through zakat amil institutions mediated by awareness and techniques. The sampling uses purposive sampling. The sample in this study consisted of 141 district residents of Sukoharjo who have made or are currently paying zakat through amil zakat institutions and must be at least 25 years old. The data analysis technique uses SEM PLS analysis and is analyzed using SmartPLS software, and descriptive analysis is carried out on the test result data. The results of hypothesis testing show that zakat literacy significantly affects decisions with a p-value of 0.034, trust significantly affects decisions with a p-value of 0.011, and awareness significantly affects decisions with a p-value of 0.035. Then, zakat literacy obtained a p-value of 0.000, and a p-value of trust obtained 0.000, where these two variables significantly influence awareness. Zakat literacy and trust do not significantly influence the decision to pay zakat through awareness, with a p-value for zakat literacy of 0.064 and 0.080 for trust.
DONOR DUE DILIGENCE, EDUCATION, DONOR STATEMENTS, AND FINANCIAL REPORT TRANSPARENCY AS A PREVENTION OF MONEY LAUNDERING IN ISLAMIC PHILANTHROPY Setiawan, Nanang
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.656

Abstract

This study aims to explore the potential for money laundering in Islamic philanthropic institutions and how to prevent it. This study uses a descriptive-qualitative method with a literature study approach. Islamic philanthropic activities consist of three activities: collection, management, and distribution. The results show that the potential for criminal acts of money laundering in Sharia philanthropic institutions is in fund collection activities. The potential for money laundering arises from donors with a donation value of more than IDR 500 million, with the condition that the donor does not provide information regarding the source of the funds, so it is not known whether the origin of the funds comes from legal or illegal activities. This study provides recommendations for preventing money laundering through the implementation of donor due diligence, education regarding money laundering warnings to the public, blank donor statements stating that the funds deposited are not from money laundering activities resulting from criminal acts or other illegal sources, and maintaining transparency in financial reporting for the collection and distribution of funds. This study contributes to helping Islamic philanthropic institutions solve problems related to money laundering crimes and formulate effective prevention models for anticipating money laundering crimes.
THE BENEFITS AND PROTECTION OF CHILDREN IN DETERMINATION OF GUARDIANSHIP (A CASE STUDY OF DETERMINATION OF THE SHARIA COURT OF BANDA ACEH NUMBER 2/PDT.P/2021/MS.BNA) Ghifar Afghany; Ilyas Ilyas; Teuku Muttaqin Mansur
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.673

Abstract

Determination of The Sharia Court Of Banda Aceh Number 2/Pdt.P/2021/MS.Bna, which determines the biological mother as the guardian of her biological child, causes a legal conflict. On the one hand, based on the provisions of Article 47 of the Marriage Law, the biological mother, as the parent, represents the child in carrying out legal actions. On the other hand, based on this determination, the biological mother as guardian represents the child in legal actions. This research explains the method of legal discovery and legal considerations in determining guardianship. This research is normative legal research. Secondary data sources come from books, texts, journals, magazines, newspapers, documents, laws and regulations, etc. Research findings show that in the Determination Of The Sharia Court Of Banda Aceh Number 2/Pdt.P/2021/MS.Bna, the judge has carried out a legal construction of analogous arguments, namely Article 47 of the Marriage Law, which cannot resolve the case. However, the events faced in substance it is similar to other regulations related to guardianship, so when Article 47 of the Marriage Law cannot resolve the problem, this provision can be waived. An applicant who is able and has good faith in taking care of himself and the assets of the child who will be under his guardianship in the best possible way and solely for the benefit or benefit of the child, in the perspective of child protection theory, is entitled to be granted guardianship rights. In the Determination Of The Sharia Court Of Banda Aceh Number 2/Pdt.P/2021/MS.Bna there is benefit and harm, what becomes madarat is that if the petition is rejected, the child is abandoned because there is no one to take care of themselves and their property, while what becomes maslahah is if the petition is granted by appointing the Petitioner as the guardian of their children, then the objectives of the Shari’a can be fulfilled, namely take care of the soul of the child and protect the property of the child.
INTERPRETATIONS OF NAFKAH, GENDER RELATIONS, AND MOTIVATIONS FOR DIVORCE: A CASE STUDY OF DIVORCE LAWSUITS AT THE KEDIRI CITY RELIGIOUS COURT Na'mah, Ulin; Rachmatulloh, Mochamamd Agus
istinbath Vol. 23 No. 1 (2024): June 2024
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v23i1.700

Abstract

The phenomenon of high divorce in Indonesian religious courts or Muslim communities causes government anxiety and raises cynical public opinion. Economic considerations are frequently referred to as the excuse for the wife's lawsuit. Data from the Kediri City Religious Court shows that there is a tendency for wives to file for divorce first. Not without justification, it is frequently prompted by the husband's perceived inability to satisfy the wife's requirements. The use of nafkah reasons in divorce can reveal that there is a contradictory tendency; on the one hand, women tend to charge a nafkah to men, and on the other hand, there is a tendency not to charge a nafkah to men or are willing to work to make ends meet. Divorce may not be a factor in limited economic conditions, but the perception of nafkah obligations imposed on husbands. It is critical to recognize that attempts to avoid divorce cannot be based just on economic empowerment but rather on cultural and religious ideas on partnerships and the separation of husband and wife roles. , this article examines the relationship between a contested divorce and economic conditions and perceptions of gender relations in the family, especially in earning a nafkah, to clarify this contradiction. Using a phenomenological approach. The economic reasons that have led wives to divorce are solely due to emptiness and even an emotional drought of love between husbands' wives. The indulgence of husband and wife in dividing household roles from transitional to egalitarian ideology also requires attention and respect for each other.

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