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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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UTILIZING QAWĀ’ID FIQHIYYAH IN LEGAL ANALYSIS: A REVIEW OF THEIR EVOLUTION AND APPLICATION IN INDONESIAN ISLAMIC JURISPRUDENCE Jalili, Ismail; Syukri, Ilham
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.v24i1.776

Abstract

The study of Qawā’id Fiqhiyyah or Islamic legal maxims, plays a crucial role in contemporary legal analysis and application within Indonesian Islamic jurisprudence. This research explores the brief historical evolution and modern utilization of these legal maxims, emphasizing their significance in shaping legal outcomes in Indonesia's dynamic socio-religious landscape. The study aims to shed light on how Qawā’id Fiqhiyyah has been adapted and integrated into the Indonesian legal system, providing a framework for resolving complex legal issues in a manner consistent with Islamic principles. This research examines the evolution of Qawā’id Fiqhiyyah (Islamic legal maxims), exploring their foundational roots in classical Islamic jurisprudence and analyzing their adaptation and relevance in contemporary Indonesian legal and societal contexts. It highlights how these maxims have provided a bridge between traditional Islamic law and the modern legal challenges faced by a diverse Muslim population. The research method employed includes a qualitative analysis of legal texts and case studies, offering a comprehensive overview of the practical application of these maxims. The results reveal that Qawā’id Fiqhiyyah has been instrumental in providing clarity and consistency in legal reasoning, contributing to a more coherent and adaptable legal system. The research identifies specific maxims frequently applied in Indonesian jurisprudence and analyzes their impact on legal decisions and policymaking. In conclusion, the study underscores the importance of Qawā’id Fiqhiyyah as a vital tool in the Indonesian legal context, advocating for their continued evolution and adaptation to meet the needs of an ever-changing society.
JUDICIAL INTERPRETATION CHALLENGES IN IMPLEMENTING CHILD PROTECTION RIGHTS OUTSIDE OF MARRIAGE: A STUDY OF THE RELIGIOUS COURT OF MALANG REGENCY Zaman, Jamrud Qomaruz; Rouf, Abd.; Samudin, Siti Aisyah binti; Saifullah, Ainan Husnaa binti Muhammad
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.v24i1.777

Abstract

Constitutional Court Decision No. 46/PUU-VIII/2010 is classified as a positive legislator decision and is not followed up by lawmakers, making it difficult to apply, especially the interpretation of the phrases ‘children born outside marriage’ and ‘civil relations’. The purpose of this study is to examine the judges' interpretation model of children outside marriage and their civil rights in Constitutional Court Decision No. 46/PUU-VIII/2010 with the indicators of François Gény’s legal contextualization theory. This research is mixed research with legislative, legal philosophy, and sociology approaches. The data analysis technique used is descriptive-analytical. The result of this research is that the phrase “children born out of wedlock” in Constitutional Court Decision No. 46/PUU-VIII/2010 is often understood differently by the panel of judges, some of whom limit it only to children born out of siri marriage as guided by Islamic law. However, some also extend it to children born of adultery on the grounds of children's human rights. Although ideally, both of the judges' reasoning is by François Gény's theory of legal contextualization, in reality, the narrowing of the meaning to children from siri marriages is closer to the truth due to the context of the applicant's status as a siri marriage and the contextualization of Indonesian society today which is always religious. Therefore, the phrase “children born out of wedlock” in Constitutional Court Decision No. 46/PUU-VIII/2010 must be interpreted narrowly to children from siri marriages.
IMPLEMENTATION OF MULTI-AKAD STRUCTURES IN SHARIA PEER-TO-PEER LENDING PLATFORMS: A STUDY ON LEGAL COMPLIANCE AND INNOVATION IN INDONESIA’S FINTECH ECOSYSTEM Zustika, Anisa Fadilah; Widiastuti, Tika; Bonang, Dahlia
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.v24i1.913

Abstract

In the era of Society 5.0, the development of digital technology has increasingly influenced Indonesia’s financial sector, particularly through financial technology (fintech). This study explores the implementation of multi-akad (multiple contract structures) in Sharia Peer-to-Peer (P2P) Lending platforms in Indonesia. Using a qualitative case study method supported by in-depth interviews and documentation, the study identifies and analyzes contract types such as Qardh, Wakalah bil Ujrah, and Mudharabah Mutlaqah as applied within P2P lending schemes. Findings show that multi-akad practices, specifically categorized under al-‘Uqud al-Mujtami’ah, not only support Sharia compliance but also demonstrate innovation in adapting Islamic jurisprudence to contemporary digital finance. The study contributes to regulatory strengthening, offering insights to policymakers, platforms, and stakeholders in developing inclusive and ethical Sharia-compliant fintech ecosystems.
FEMALE CIRCUMCISION (BETWEEN SHARIAH LEGAL EVIDENCE AND GOVERNMENT REGULATIONS) Mundzir, Ahmad; Irfan, Moh; Setiyono, Taufiq Andre; Raharjo, Raharjo
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.v24i1.923

Abstract

The law of female circumcision in Indonesia is still a controversy between scholars, medicine, and the state. This study aims to analyze the obligation of citizens to comply with Government Regulation No. 28 of 2024, which prohibits the practice of female circumcision, from the perspective of the Shafii School, where this madhhab actually encourages it. This study uses the library research method to examine primary and secondary sources related to hadith, fiqh, madhhab Syafii, contemporary fatwa, and medical and legal aspects in Indonesia. The analysis was carried out using the approach of hadith criticism, ushul fiqh, maqashid shariah, and fiqh madhhab Syafii. The results of the study show that there is a contradiction between the classical views of the Shafii School that tend to advocate female circumcision, including the MUI fatwa, and the results of the 32nd NU Congress in Makassar. However, the principle of obedience to the government is also emphasized in this school. This study found that the sharia basis for female circumcision is dzanni, with generally weak supporting hadith and medical aspects that aggravate female circumcision that can be carried out with the support of the ushhul fiqh approach, maqashid sharia, and fiqh madhhab Syafii. In conclusion, despite differences of opinion, citizens' compliance with Government Regulation No. 28 of 2024 can be justified from the perspective of the Shafii School by considering that it does not contradict Islam. This study suggests the need to review Islamic law in fatwa institutions in Indonesia.
THE URGENCY OF ANTI-CIRCUMVENTION ARRANGEMENTS IN INDONESIA: A COMPARATIVE ANALYSIS WITH THE UNITED STATES AND ISLAMIC LAW PERSPECTIVES Prasetyo, Adi; Wirdyaningsih, Wirdyaningsih
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.v24i1.941

Abstract

This study examines the urgency of anti-circumvention regulations in Indonesia to address the practice of circumvention that harms the domestic industry and state revenue. Circumvention, or avoidance of anti-dumping import duties in Indonesia, often occurs through diverting export routes through third countries. For example, H&I Section steel from China has entered Indonesia via Thailand. Similarly, after anti-dumping was imposed on Chinese HRC Alloy products, imports from Japan, Taiwan, and Vietnam surged. As a result, the domestic industry experienced significant sales volume and profits declines, while the country lost potential revenue. The broader impact includes reduced anti-dumping policy effectiveness, increased risk of layoffs, and factory closures due to unfair competition resulting from circumvention. This study employs qualitative normative research methods through a literature review, examining primary legal materials (such as laws and regulations from Indonesia and the U.S.), secondary sources (literature, journals, previous research results), and tertiary sources (legal dictionaries, encyclopedias). The analysis uses a comparative approach between the Indonesian and United States legal systems and examines Islamic law's perspective on these practices. The study’s findings indicate that Indonesia lacks specific regulations to address circumvention, unlike the United States, which already has a structured system. Concrete recommendations include: first, there is a need for a clear operational definition of circumvention. Second, an integrated monitoring system should be developed based on national trade data and community involvement through complaint channels. Third, the investigation procedure should allow initiation by both the authorities and external parties, with field verification and a deadline for completion. Fourth, progressive sanctions should be enforced, such as expanding anti-dumping import duties, suspending import permits, and imposing retroactive fines. Regulations can be further strengthened by adopting best practices from countries such as the United States and integrating the principles of maqashid sharia (justice, protection of property, and public welfare) so that regulations are technically effective, fair, and socially sustainable. With these measures, Indonesia can close the regulatory gap regarding circumvention, protect the domestic industry, and optimize state revenues from the international trade sector.
LEGAL OPPORTUNITIES AND CHALLENGES IN INDONESIA’S SHARIA ECONOMY POST COVID-19: A FOCUS ON DIGITALISATION AND REGULATION Febrianty, Yenny; Vitalia, Filda; Arzuna, Pit; Ode, Haruni
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.v24i1.958

Abstract

This study aims to analyse the implementation of the sharia economy in post-pandemic Indonesia by highlighting the opportunities and legal challenges faced. The main focus of this study is on aspects of legal certainty, regulatory effectiveness, and policy adaptation to the development of Islamic economic digitalisation. The study also discussed the impact of the COVID-19 pandemic on the Islamic financial sector and the halal industry as well as recovery measures that have been implemented by the government and related authorities. The method used in this study is a normative legal research method with a statutory approach (statute approach) and a conceptual approach (conceptual approach). A study was done on several Sharia economic laws, such as Law No. 21 of 2008 on Sharia banking, Law No. 33 of 2014 on Halal Product Guarantee, and fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). In addition, this study also examines the principles of Islamic economics and how they are applied in the national legal system. The results showed that although the Islamic economy experienced positive growth after the pandemic, there are still various challenges, especially in the aspects of regulatory harmonisation, legal protection for businesses and consumers, and strengthening digital infrastructure in the Islamic financial ecosystem. Sharia Fintech is one of the fastest-growing sectors, but its regulation is still in the adjustment stage to remain in accordance with Sharia principles. Sharia financial literacy is still low among the public, which is also an inhibiting factor in optimising this sector. Digitalisation and innovation of Islamic finance must be balanced with regulations that provide legal certainty and protection for all parties. In addition, increasing Islamic financial literacy is an important aspect of strengthening an inclusive and competitive Islamic economic ecosystem at the global level.
IMPROVING THE COMMUNITY ECONOMY THROUGH PRODUCTIVE ZAKAT (CASE STUDY OF THE AL-WUSTHO MOSQUE ZAKAT INSTITUTION, PRINGOMBO II VILLAGE, EAST LAMPUNG) Khoiroh, Muflikhatul; Syakur, Abd.; Najiyah, Ashilatun; Solichah, Mas Amaliyatus
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.v24i1.944

Abstract

This article explains the zakat management pattern of the ʻāmil zakat of the Al-Wustho Mosque in Lampung. They developed an innovative, productive zakat model to empower the mosque community's economy. This empirical research relies on zakat management data excavated using in-depth interviews, documentation, and direct observation. The collected data was analyzed using analytical-synthetic thinking techniques, and as a result, it was found that the ʻāmil zakat of Al-Wustho mosque, Lampung, distributed zakat through the planning process; determination of mustaḥiq criteria and determination of mustaḥiq obligations after receiving productive zakat; implementation, determination of mustaḥiq that meets the requirements, transactional delivery of productive zakat between muzakkī and/or ʻāmil zakat and mustaḥiq based on mutually agreed provisions; After that, monitoring and evaluation were carried out, which resulted in a mustaḥiq performance report. With such a procedure, ʻāmil zakat in Lampung succeeded in improving the community's economy so that what was originally mustaḥiq then became muzakkī. The profits and benefits from the productive zakat capital from the muzakkī are partly donated to the mosque for the development and prosperity of the mosque's business, including the construction and expansion of the mosque, the cost of Friday prayers, free vegetable markets, and similar initiatives.
FIQH STUDY OF POWDERED BREAST MILK FROM THE PERSPECTIVE OF THE MALIKI AND SHAFI'I SCHOOLS IN THE NUSANTARA Fathoni, M Insan; Awalia, Fadhila Tianti Mudi; Kamaluddin, Imam; Sa’adah, Yaumi
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.v24i1.949

Abstract

This study explores the differing views of the Maliki and Shafi’i schools on whether breastfeeding using powdered breast milk (ASI Bubuk) establishes a mahram relationship. It also examines how this issue fits within Islam's social and cultural context in the Nusantara region. One of the key questions is whether transforming breast milk into powder changes its essential characteristics: color, taste, and smell. Using a comparative descriptive approach, this research highlights that both schools agree that powdered breast milk can create a mahram bond if its core properties remain unchanged, even when mixed with food, drinks, or medicine. However, they set different conditions. The Maliki school holds that a single feeding session is enough, whether the milk enters through the mouth or nose, as long as it reaches the stomach and provides nourishment. On the other hand, the Shafi'i school requires five separate breastfeeding sessions, all within the first two years of a child's life. Beyond the legal debate, this study also considers powdered breast milk's social and health implications in determining mahram relationships. Given the evolving ways breast milk is processed and used, further research involving other schools of thought could offer deeper insights into how Islamic law adapts to modern developments.
IMPLEMENTATION OF MUDHARABAH AGREEMENT IN TABAH PRODUCTS WITHIN THE FRAMEWORK OF ISLAMIC PRINCIPLES OF JUSTICE AND ECONOMIC PROFIT SHARING AT BMT NU PURWOHARJO BRANCH, BANYUWANGI Azzahra, Amelia; Ustanti, Mira
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.v24i1.950

Abstract

This research aims to comprehensively analyze the implementation of the mudharabah contract in TABAH savings products at BMT NU Purwoharjo Branch, focusing on its conformity with Islamic economic principles. The novelty of this study lies in its contextual exploration of the Purwoharjo Branch, which has unique socio-economic characteristics, and in offering an operational assessment of mudharabah practices that have not been covered in previous research. The study also critically examines how operational standards reflect Islamic values such as justice, amanah (trust), and maslahah (public benefit). This research uses a descriptive qualitative method with a case study approach. Data were collected through in-depth interviews with BMT managers and customers, direct observations of daily operations, and analysis of documents such as SOPs, financial reports, and contract agreements. Data validation was ensured through source, method, and theoretical triangulation, and analysis was conducted using Miles and Huberman's interactive model involving data reduction, categorization, and conclusion drawing. The findings show that implementing the mudharabah contract at BMT NU Purwoharjo Branch aligns with key Islamic economic principles such as transparency, fairness in profit-sharing, and trust-based (amanah) fund management. The profit-sharing ratio is determined based on mutual agreement, reflecting Islamic law's principle of willingness (taradhi). However, a gap remains in customer understanding of mudharabah mechanisms, particularly regarding the concept of risk-sharing and the customer's role as shahibul mal, indicating the need for strengthened financial literacy. On the other hand, BMT's fund allocation supports halal and productive micro-business sectors, aligning with the principle of maslahah and contributing to local economic empowerment. Risk mitigation is addressed through stringent partner selection and continuous monitoring. This study provides practical insights into operationalizing Islamic contractual values in microfinance institutions and expands the growing literature on context-based mudharabah implementation.
LEGAL IMPLICATIONS OF BREAST MILK DONATION ON THE LACTASHARE PLATFORM PERSPECTIVE OF SADD AL-DZARI’AH Anjani, Ria; Bachri, Syabbul
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.v24i1.962

Abstract

The advancement of digital platforms has led to innovations such as breast milk donation through Lactashare. While this addresses nutritional needs for infants, it raises complex legal issues, particularly in Islamic jurisprudence regarding lineage and mahram relationships. This study examines the legal implications of breast milk donation from the perspective of Sadd al-Dzari’ah, a principle in Islamic law that emphasizes harm prevention. Utilizing a qualitative case study design, the research draws from in-depth interviews with the founder of Lactashare and relevant legal documents to explore how the institution navigates regulatory, ethical, and religious challenges. The study applies thematic analysis to examine the procedural safeguards, identity verification systems, and legal documentation practices, particularly the issuance of mahram certificates and donor-recipient records. The findings reveal that while Lactashare implements various safeguards in line with Islamic principles, such as donor screening, recording mahram certificates, and compliance with fatwas, it still faces challenges in completely preventing legal ambiguity regarding milk kinship, especially in areas outside Malang and Jakarta where monitoring is limited to online reporting, these risks are possible but uncertain and are likely to be outweighed by significant benefits to infant health especially in Indonesia, where stunting and infant mortality rates are high. This study contributes to Lactashare’s ability to anticipate these risks with a digital tracking system, the appointment of regional coordinators, intensive education, and strengthening regulations through legal agreements. Collaboration with local health and religious institutions is also expected to enhance supervision and legal protection. However, this study has limitations. It only focuses on the perspectives of Lactashare founders and legal documents, so further study is needed to capture the experiences and views of other stakeholders, such as donors, recipients, health professionals, and religious scholars. Despite these limitations, this work provides fundamental insights for policymakers, religious authorities, and digital health platforms on how to align technological innovation with Sharia law using the Sadd al-Dzari’ah framework.

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