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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 218 Documents
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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.
FIQH MUAMALAH PERSPECTIVE ON INDODAX CRYPTOCURRENCY PAYMENTS: IMPACT ANALYSIS Mudrikah, Azizah; SW, Oman Fathurohman
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.v23i2.886

Abstract

This research aims to explain a more in-depth analysis of the effects of using Indodax cryptocurrency payments from the perspective of fiqh muamalah and how it interacts with the principles of fiqh muamalah. This research is qualitative and uses a library research method. The author collects data, analyses it, and concludes the sources of information obtained. The results show that the impact of using Indodax cryptocurrency payments triggers concerns regarding the elements of gharar (uncertainty) and maisir (gambling) due to the highly fluctuating value and speculative nature that are sometimes involved in trading this digital currency. Because legal authorities do Not regulate cryptocurrency and have No Intrinsic Value, Cryptocurrencies can be affected by market manipulation, such as pump-and-dump schemes, where the price of a cryptocurrency is artificially inflated and then sold in large quantities, causing the price to crash. Such practices are a form of fraud and tadlis because they mislead other investors.
ALIGNING CRYPTOCURRENCIES WITH ISLAMIC LAW: CHALLENGES, ETHICAL CONCERNS, AND REGULATORY SOLUTIONS Rahmadani, Nova Mentari Putri; Fajar, Fajar
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.v23i2.887

Abstract

Cryptocurrencies, underpinned by blockchain technology, present significant challenges to Islamic law due to their volatile nature, speculative tendencies, and lack of intrinsic value, which introduce elements of gharar (uncertainty) and maysir (gambling), both prohibited under Sharia. Additionally, cryptocurrencies' decentralized and pseudonymous nature has raised concerns about their potential misuse in money laundering and other criminal activities, further complicating their alignment with Islamic principles. The research emphasizes the need for a multi-faceted regulatory approach, incorporating Sharia advisory boards, asset-backed cryptocurrencies, and advanced RegTech solutions such as blockchain analytics and E-KYC protocols. By fostering collaboration among scholars, regulators, and financial experts, this study aims to bridge the gap between innovative financial technologies and Islamic law, promoting ethical growth and stability in the cryptocurrency market.
THE STRATEGIC ROLE OF BTN SYARIAH MARGONDA IN THE REALIZATION OF A USURY-FREE MURABAHA MORTGAGE AT PT. ABC GROUP: ANALYSIS BASED ON ISLAMIC LAW Damanik, Ade Zuki; Noor, Afif; Ichrom, Mohamad
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.v23i2.888

Abstract

This study aims to analyze the application of the murabaha contract in the BTN Syariah Margonda Home Ownership Credit (KPR) product from the perspective of Islamic law. In the face of increasing demand for usury-free housing, BTN Syariah offers a solution through the murabaha contract, which guarantees home financing without involving the element of interest. Through cooperation with PT ABC Group, BTN Syariah Margonda provides a more transparent and fair financing alternative for the community. This research method uses a normative-empirical approach with interviews, observations, and documentation studies. The results show that the application of the Murabaha contract at BTN Syariah Margonda is in accordance with Sharia principles, where the profit margin is determined from the start, and the installments are fixed throughout the payment period. However, the main challenge is the need for a more public understanding of the differences between sharia and conventional mortgages. Nevertheless, the murabaha contract provides a positive impact in the form of financial certainty for customers and supports stable financial planning without being trapped in usury practices. This research also identifies the need to increase public education on the advantages of Sharia-based financing and the importance of the role of property developers who fully implement Sharia principles.
ISLAMIC ECONOMIC LAW ON MUSYARAKAH AND MURABAHAH: IMPACTS ON ISLAMIC BANKING GROWTH Pramita, Adinda Dian; Fikriyah, Khusnul; Suryaningsih, Sri Abidah
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.v23i2.906

Abstract

This research uses a qualitative approach with a literature study method to explore the performance of Islamic banking. This method allows researchers to understand the natural context of the phenomenon under study through data collection from various relevant literature, such as official reports from Bank Indonesia, the Financial Services Authority, and Islamic economic literature. This qualitative analysis aims to describe the condition and performance of Islamic banking in detail and in depth. The results show that Islamic banking has experienced significant growth in several indicators, such as asset growth and financing, compared to conventional banking. However, financing is still dominated by the consumptive sector, with MSME financing remaining low. The study also highlights the differences between murabaha and musyarakah contracts, as well as Islamic banking faces challenges such as limited product offerings and financial literacy issues. The key differences between Murabahah, a cost-plus sale contract, and Musyarakah, a partnership contract based on profit and loss sharing, lie in the way risks and profits are distributed.
STRENGTHENING THE SAFETY NET, PROTECTING WOMEN JUSTICE SEEKERS FROM THE CLUTCHES OF JUSTICE BROKERS Nasrudin, Muhamad; Zulaikha, Siti; Lestari, Enny Puji
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.v23i2.909

Abstract

Female justice seekers are vulnerable and find it difficult to access justice due to psychological factors (fear, inferiority, nervousness), financial problems, limited access to facilities and resources, limited knowledge in the legal field, and negative stigma about going to court. In these circumstances, East Lampung district may turn to the pamong desa (village officials). Unfortunately, village officials sometimes act as justice brokers, preventing women from further accessing justice. This paper refers to how the safety net was built and strengthened to protect justice seekers from the clutches of justice brokers. Therefore, this paper uses qualitative research with a socio-legal approach. Data was collected through conversation and focused group discussion among village officials, religious counselors, the Office of Religious Affairs (KUA), and Rumah Perempuan dan Anak (RPA) Lampung Timur to strengthen the position of female justice seekers. The data was analyzed using feminist legal studies, access to justice, and mediation as a framework. As a finding, female justice seekers are vulnerable and have limited access. Therefore, support should be provided by close community assets, namely religious counselors and village officials. These two parties need to be strengthened in terms of understanding the importance of the perspective of vulnerable women as legal subjects, prioritizing the interests of victims, the urgency of resolving both litigious and non-litigious cases, strengthening close, trusted networks, consolidating and distributing roles among community assets, strengthening mediation and advocacy skills, strengthening the role of the KUA and its assets, strengthening preventative functions, and strengthening the economic family based on the uniqueness of the village.
QIRAAH MUBADALAH: SOLUTION TO DOMESTIC VIOLENCE Muthohar, Muhammad Amin; Cholil, Mufidah; Rizki, Kamalia Fitri
istinbath Vol. 24 No. 1 (2025): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i1.755

Abstract

The study of domestic violence is very important to discuss because with the existence of domestic violence, various new thoughts and solutions emerge, one of which is qiraah mubadalah. This article aims to describe domestic violence, the involvement of power in domestic violence, and qiraah mubadalah as a solution to domestic violence. This research is in the form of library science research or literature using qualitative methods. The results of this study are: Domestic violence can be defined as domestic violence can be defined as an act against a person, especially a woman, which causes physical, sexual, psychological, and/or domestic neglect. It also includes threats to commit such acts, coercion, or unlawful deprivation of liberty within the scope of the household. The dominance of power is also very influential in domestic violence because, with the power held by someone, other people in the social strata will submit to the owner of the power. Qiraah mubadalah can be a solution when domestic violence cases occur through the principles of mitsaqan ghalidzo, hunna libasun lakum wa antum libasun lahunna, muasyarah bil maruf, tasyawurin, and Taradhim min huma.
EFFECTIVENESS OF THE ROLE OF THE SHARIA SUPERVISORY BOARD IN GOOD CORPORATE GOVERNANCE PERFORMANCE Huda, M. Ikhwanul; Mujib, Abdul
istinbath Vol. 24 No. 1 (2025): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i1.765

Abstract

There is little doubt that sound corporate governance is the foundation for the quick rise of Sharia banks. One of Indonesia's most well-known Islamic banks is Bank Muamalat, which has grown significantly in popularity. Bank Muamalat Indonesia needs the Sharia Supervisory Board (DPS) to monitor its activities and ensure they align with sound corporate governance standards. Law No. 21 Article 32 of 2008, which strengthens PBI regulations, and Bank Indonesia Regulation No. 11/33/PBI/2009 are two further regulatory references that DPS uses for oversight. This study evaluates the efficacy of the DPS-implemented rules, namely Law No. 21 Article 32 of 2008 and Bank Indonesia Regulation No. 11/33/PBI/2009. This study uses normative legal research with a research approach using the statute approach and a conceptual approach. This study shows that due to the legal effectiveness carried out by DPS in its regulations, namely Bank Indonesia Regulation No. 11/33/PBI/2009 and Law No. 21 Article 32 of 2008, DPS has been quite effective in carrying out its duties by laws and regulations. This is evidenced by the implementation and absence of violations committed by DPS while carrying out their duties as supervisors. DPS Education Background is very influential in becoming a member of DPS. Unfortunately, in the GCG report of Bank Muamalat Indonesia, there is no mention of the development made by the institution in improving the competence of the National Supervisory Board.

Page 19 of 22 | Total Record : 218

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