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Ahmad Ashril Rizal
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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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SUSTAINABLE PRODUCTIVE WAQF MANAGEMENT OF MANARUL ILMI ITS FOUNDATION PERSPECTIVE OF MAQÂSHID SHARIA Pratama, Roby Julio; Wahab, Abdul; Berkah, Dian
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.v24i1.964

Abstract

This research project aims to examine the management of sustainable productive waqf at the Manarul Ilmi ITS Foundation and assess its suitability from a Maqâshid Syariah perspective. It used a qualitative case study approach. Data were collected through interviews with foundation administrators (nazhir), waqf fund managers, and donors (waqif). Additionally, the researchers conducted direct observations of the waqf business unit and analysed supporting documents, such as programmes and financial reports. The results showed that the management of productive waqf at the Manarul Ilmi Foundation includes asset development in the form of waqf funds from alums and benefactors, as well as thematic programmes such as well waqf, mosque design waqf, and scholarships. However, the sustainability aspect has not yet been fully incorporated into long-term strategic planning or social impact measurement. From a Maqâshid Syariah perspective, this management fulfils several aspects, such as hifz al-din (through mosque utilisation and da'wah), hifz al-'aql (through scholarship waqf), and hifz al-nafs (through well waqf). However, the hifz al-mal aspect still requires improvement in efficiency, transparency, and reinvestment of waqf proceeds. This research recommends that foundations develop a productive waqf governance system based on sharia maqâshid indicators, strengthening public engagement and institutional documentation to ensure the long-term benefits of the waqf.
HALAL CERTIFICATION FOR MSMEs: PROTECTION OF THE FIVE BASIC ASPECTS OF LIFE (AD-DHARURIYYAH AL-KHAMSAH) AND STRATEGIES TO STRENGTHEN ITS IMPLEMENTATION Nopriansyah, Waldi; Muntazhor, Ahmad Widad; Chantika, Zalvira; Choiriyah, Choiriyah; Meriyati, Meriyati
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.v24i1.966

Abstract

This study investigates the persistently low compliance of Micro, Small, and Medium Enterprises (MSMEs) with halal certification, despite its critical role in safeguarding the five essential objectives of Islamic law (ad-dharuriyyah al-khamsah): religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), and property (māl). Employing a qualitative research design, this study utilizes a descriptive-analytical approach supported by thematic content analysis. Data were collected through a systematic literature review, including primary Islamic sources (Qur’an, Hadis, and classical jurisprudence) and relevant secondary literature (peer-reviewed journals, regulations, and government reports). The findings were categorized based on the maqāṣid al-shari'ah framework to ensure a structured and normative analysis. The results reveal that halal certification serves as a multidimensional protection mechanism, with the preservation of life (ḥifẓ al-nafs) identified as the most urgent priority. This emphasis stems from product consumption's direct psychological and ethical implications on human well-being. By elevating ḥifẓ al-nafs above traditional priorities such as ḥifẓ al-dīn, the study offers a contextual reinterpretation aligned with contemporary public health and ethical standards. Moreover, this research fills a notable gap in the literature by explicitly linking halal certification to the comprehensive structure of ad-dharuriyyah al-khamsah, a dimension often overlooked in previous studies. Policy recommendations include financial incentives, awareness campaigns, streamlined regulations, and stakeholder collaboration, highlighting the dual role of halal certification as both a religious obligation and a vehicle for public welfare.
JUDICIAL CONSIDERATION IN GRANTING A FOURTH WIFE PERMIT: A MAQĀṢID AL- SHARĪ'AH PERSPECTIVE ON THE DECISION OF THE RELIGIOUS COURT OF MALANG Rekak, Nurlailatul Badriyyah; Stiawan, Thoat; Al-Farisi, Salman; Ikhwanuddin, Mohammad; Berkah, Dian
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.v24i1.997

Abstract

The practice of polygamy, especially in the form of marriage applications for fourth wives, still raises legal and ethical debates in Indonesian society. The Malang City Religious Court Decision Number 1471/Pdt.G/2024/PA.MLG is an interesting case. Which granted the application. This study aims to analyze the judge's reasoning in the decision through the perspective of Maqāṣid al- Sharī'ah according to Imam al-Syāṭibī, to evaluate the extent to which the decision is in line with the five main objectives of the Shari'ah (al-kulliyyāt al-khamsah). The research method used is qualitative with a normative juridical approach, focusing on analyzing legal documents, court decisions, and relevant literature. The results showed that although the petition was granted formally, not all aspects of maqāṣid, such as the protection of the soul (ḥifẓ al-nafs), offspring (ḥifẓ al- nasl), and property (ḥifẓ al-māl) were fulfilled thoroughly. The application of maqāṣid is still partial and tends toward administrative justification. The implications of this finding emphasize the importance of comprehensively strengthening the maqāṣid al-shari'ah approach in family law considerations so that the policies taken are not only legally valid but also reflect the value of justice and substantial benefit as the main objectives of Islamic law.
PROFIT-SHARING WAGE PRACTICES AMONG RICE FIELD WORKERS IN PINRANG: AN ISLAMIC LEGAL ANALYSIS Anwar, Alfiansyah; Ibrahim, Musdalifa; Rizkyanti, Rizkyanti
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.889

Abstract

The Islamic wage system is grounded in the value and benefit of a person's labor, emphasizing service and usefulness. In contrast to the capitalist approach, which typically ties wages to the minimum cost of living, this system prioritizes the intrinsic worth of work. This research seeks to demonstrate the Islamic legal perspective on wage practices among rice field workers in Tamansari, Tatae Village, Duampanua District, Pinrang Regency, South Sulawesi. This research employs an interpretative approach, utilizing primary data sourced from landowners and field workers through observation, interviews, and documentation. The data collection methods include observation, interviews, and documentation. The wage system for rice field workers uses various models, such as two-way, three-way, and five-way profit sharing. Each model has different mechanisms regarding the distribution of crop yields and the allocation of responsibility for production costs. Although this practice has been implemented in the local community, some aspects of this model are not fully aligned with the principles of Islamic law, especially regarding justice and risk distribution.
THE EFFECTIVENESS OF POJK 23/2022 AND IMPLICATIONS FOR MSME FINANCING INCLUSION (EVIDENCE FROM BPRS BTB BOGOR, WEST JAVA) Saputra, Yusup; Isman, Isman; Salsabila, Azka
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1042

Abstract

This study examines the impact of implementing POJK No. 23 of 2022 on MSME lending at BPRS Tegar Beriman Bank in Bogor Regency, with a particular focus on the effectiveness of the minimum financing limit policy in promoting the financial inclusion of non-bank MSMEs (the unbankable community). BPRS Tegar Beriman was selected as a representative of rural banks based on APBD. The methodology employed is a mixed-methods approach, incorporating an ex post quantitative analysis through linear regression of data collected from January 2023 to March 2024. The dependent variable in this study is total financing to non-bank third parties, while the independent variables include murabaha, istishna, and multijasa receivables. The regression results indicate an R-square of 0.82359, suggesting that the model accounts for 82.36% of the observed variation in financing. Of the three variables, only istishna financing is statistically significant, with a negative coefficient. It suggests that banks are exercising caution when facilitating complex project financing. Theoretically, this finding is indicative of the preeminence of prudential logic in legal substance, the accommodation of community needs within legal culture, and structural efficiency resulting from regulatory pressure in the legal structure, as posited by Lawrence Friedman's theory. Bank adjustments to regulations are regarded not only as a form of normative compliance but also as a strategic effort to enhance risk management efficiency and achieve financing targets. The minimum lending regulation has been shown to affect bank compliance with it positively.
FORMULATION OF ISLAMIC CRIMINAL LAW POLICY AS A JURIDICAL INSTRUMENT FOR MAINTAINING THE BALANCE OF POWER AMONG STATE INSTITUTIONS Suryadin, Suryadin; Arkiang, Bachder Syarif; Yumansyah, Diky; Mohammad, Burhanuddin; Syamsuddin, Syamsuddin; Musmuliyadin, Musmuliyadin; Putra, Anggar
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1043

Abstract

This study conceptually explores the possibility of integrating Islamic criminal law, particularly the doctrine of taʿzīr, into Indonesia’s constitutional framework of checks and balances. Rather than proposing an institutional mechanism, the paper normatively analyzes how Islamic ethical values such as ʿadl (justice), maslahah (public welfare), and hisbah (moral accountability) can enrich the moral foundation of state governance. The analysis is conducted through a qualitative normative approach based on secondary legal materials, including constitutional theory, Islamic jurisprudence, and contemporary scholarly discourse. The paper argues that taʿzīr, while traditionally applied to individual moral violations lacking explicit textual sanctions, may serve as a philosophical reference for enhancing ethical responsibility among state officials. However, this requires a clear epistemological distinction between taʿzīr as a moral-legal doctrine and checks and balances as a political-institutional system. The integration, therefore, should not be understood as a merger of institutional powers but as a normative dialogue between divine ethics and constitutional governance. The study concludes that Islamic criminal law contributes by offering an ethical corrective dimension to Indonesia’s democratic system, emphasizing moral accountability and justice without undermining legal pluralism or constitutional principles.
ADAT BOKA: ANALYSIS OF SOCIAL STRATIFICATION FROM THE PERSPECTIVE OF ISLAMIC LAW (CASE STUDY IN SANDI VILLAGE, BUTON WAKATOBI REGENCY) Mariafu, Mariafu; Sanmas, Abu; Tohe, Ansar
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1055

Abstract

Boka is a form of dowry with a fixed amount determined by the social stratification of women within the customary system. Sandi Village, located in Buton Wakatobi Regency, Southeast Sulawesi Province, is among the communities that still preserve the Boka tradition. This study aims to explore the practice of Boka in marriage ceremonies in Sandi Village and to analyze its compatibility with Islamic law, particularly through the lens of the maslahah (public interest) theory. The main objective is to examine how the Boka tradition is implemented, including the establishment of dowry values based on women's social hierarchy, and to assess whether this tradition aligns with Islamic principles that emphasize social harmony and justice. This research employs a qualitative approach, with fieldwork conducted in Sandi Village, Buton Wakatobi Regency. The analysis is descriptive and qualitative. The findings reveal the dynamic practice of Boka in the community's marriage rituals, showing a significant relationship between the amount of the dowry (Boka) and the traditional social stratification of women (Kaomu, Walaka, Papara). The Boka value is fixed and non-negotiable, intended to maintain women's social status in Butonese society.
ANALYSIS OF HARMONIZATION OF SHARIA FINANCING TAX REGULATIONS BETWEEN DSN-MUI FATWA NO. 123/DSN-MUI/XI/2018 AND PP NO. 25 OF 2009 Rismawati, Eva Nur; Isman, Isman; Budiman, Mamdukh
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1060

Abstract

This research is a juridical analysis that examines the harmony of legal norms governing the tax treatment of Islamic financing in Indonesia, drawing on MUI DSN Fatwa No. 123/2018 and Government Regulation No. 25 of 2009. The results of the study show juridical disharmony, where the Fatwa prohibits the recognition of tax from customers as income by Islamic financial institutions (LKS). At the same time, government regulations treat it as a valid income tax asset. This discrepancy creates potential normative conflicts and legal uncertainty, and can weaken the principles of maqashid sharia in national economic practice. The findings underscore the pressing need for legal harmonization by applying the non-contradiction principle to reconcile positive law with Sharia principles. In practical terms, revising PP No. 25 of 2009 or issuing new technical regulations is necessary to accommodate the characteristics of Islamic law. Furthermore, the study recommends future research on integrating the Sharia taxation system within the national legal framework. It encourages comparative studies with other Muslim-majority countries to support the realization of a fair, sustainable, and law-abiding Sharia financing system.
IMPLEMENTATION OF THE WAKALAH WAL MURABAHAH CONTRACT AT PT PNM MEKAAR MEULABOH BASED ON DSN-MUI FATWA NO. 04/DSN-MUI/IV/2000 Anggraini, Reska Aji; Hendrawan, Yoni; Ananda, M. Aditya; Rizki, Darlin
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1065

Abstract

This study aims to analyse the implementation of the wakalah wal murabahah contract in the Islamic microfinance program of PT Permodalan Nasional Madani (PNM) Mekaar, Meulaboh Branch, located in Pasi Mesjid Village, West Aceh, with reference to the provisions of the National Sharia Board Indonesian Ulema Council (DSN-MUI) Fatwa No. 04/DSN-MUI/IV/2000. The Mekaar program empowers underprivileged women through group-based, collateral-free business capital financing, accompanied by business mentoring. This research adopts a qualitative case study approach, employing observation, in-depth interviews, and document analysis of the financing contracts. The findings reveal that financing through the wakalah wal murabahah scheme generally increases income and fosters microenterprise independence. However, several practices were inconsistent with Sharia principles, including executing the murabahah contract before the goods were legally owned by the institution and disbursing cash without a clear separation between the wakalah and murabahah stages. Such practices risk transforming the contract into a disguised qardh (loan), thereby contravening the principles of fiqh al-mu'amalah. These findings highlight the importance of separating contract stages into their respective pillars (arkan) and conditions (shurut), ensuring the institution's legitimate ownership of goods prior to the murabahah contract, issuing invoices in the institution’s name, and providing continuous Sharia education for staff and clients. The study recommends that PT PNM Mekaar enhance its Sharia compliance mechanisms by ensuring clear separation between wakalah and murabahah stages, issuing invoices in the institution’s name, and providing continuous Sharia education for both officers and clients. These measures are expected to improve transparency, fairness, and adherence to DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000.
THE SUBSTANCE AND RELEVANCE OF THE CONCEPT OF MARRIAGE AGE IN CONTEMPORARY ISLAMIC FAMILY LAW: AN ANALYSIS OF THE DISCOURSE ON EARLY MARRIAGE AMONG MUSLIM FIGURES Adawiyah, Robiatul
istinbath Vol. 24 No. 2 (2025): December
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i2.1075

Abstract

This study examines the substance and relevance of the concept of marriage age within various contemporary Islamic family laws, particulary focusing on Indonesia and other muslim-majority countries. The research addresses two main problems. First, it examines the comprehensive provisions on the minimum marriage age as regulated by Indonesian law and by comparative Islamic family laws, taking into account biological, psychological, and social maturity. Second, it analyzes the relevance and alignment between statutory marriage-age regulations and the perspectives of religious figures who advocate early marriage, including their philosophical, social, and religious arguments. Employing a normative juridical approach combined with qualitative content analysis, this study reviews primary legal sources such as Law Number 1 of 1974 and its amendment through Law Number 16 of 2019 in Indonesia, the Compilation of Islamic Law (KHI), as well as scholarly literature on the alignment and conflicts between positive law and Islamic legal principles. The findings reveal that Indonesia's legal provision setting the minimum marriage age at 19 years for both men and women aligns with the maqasid al-syariah principles aimed at protecting life (hifz al-nafs), intellect (hifz al-‘aql), and progeny (hifz al-nasl). Nonetheless, there remains a dichotomy in religious discourse, where some leaders justify early marriage based on traditional interpretations emphasizing baligh (puberty) and social practices. In contrast, others caution against its health and psychosocial risks, advocating adherence to statutory age limits. The study concludes by recommending a multidisciplinary, participatory approach involving government, religious leaders, local customs authorities, and civil society to enhance education, socialization, and legal enforcement, thereby effectively addressing the challenges posed by early marriage practices. This balanced framework harmonizes religious values, human rights, and legal norms toward creating healthy, prosperous, and stable families.

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