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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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ISLAMIC LEGAL PERSPECTIVE ON CONTENTIOUS MARRIAGE ISBAT IN GIRI MENANG RELIGIOUS COURT Muhasim, Ahmad; Abdullah, Abdullah; Nuruddin, Nuruddin
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.v24i2.957

Abstract

Contentious marriage confirmation is a solution given to people whose husband/wife has died and whose marriage has not been registered at the Office of Religious Affairs. This study examines two important things, namely, how contentious marriage confirmation is applied at the Giri Menang Religious Court, West Lombok, and how Islamic law reviews the application. The method used in this study is qualitative, field research type, with a normative legal approach. The results of this study indicate that the application for contentious marriage confirmation at the Giri Menang Religious Court is for (1) Completeness of personal identity to take care of making the applicant's child's birth certificate; (2) Disbursement of the Applicant's Husband's Death Insurance Fund; (3) Completeness of Personal Identity and Transfer of the Deceased Hajj Pilgrim's Seat Number; (4) Completeness of Personal Identity and Management of BPJS Employment Funds. In making a decision/determination on the application for contentious marriage confirmation, the Panel of Judges at the Giri Menang Religious Court considers the following: (1) Consideration that the marriage is valid according to religion; (2) Consideration that the marriage can be proven and meets the material and formal elements and requirements of proof such as written evidence and witnesses; (3) Consideration that the marriage confirmation is made for administrative purposes; and (4) Consideration of public interest. The marriage confirmation of contentiousness in Islamic law can be accepted as long as there is sharia evidence that supports the existence of a valid marriage contract. Although the formal form of marriage confirmation is not known in classical fiqh, its substance is very much in line with the values ​​of Islamic law. Therefore, the institution of marriage confirmation of contentiousness in Indonesian religious courts is an application of sharia principles in the context of modern state and society.
ISLAMIC FAMILY LAW AND GENDER PERSPECTIVE ON NOBLE AND LOWER CLASS MARRIAGES (CASE STUDY OF MANGKUNG VILLAGE, WEST PRAYE, CENTRAL LOMBOK) Pratama, Muhammad Izziya; Musawar, Musawar
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.v24i2.959

Abstract

This research was conducted because, in the Merariq tradition, the Sasak tribe has a social hierarchy. Which, at every layer, influences Islamic Family Law and the Gender perspective. This research aims to analyze, from Islamic Family Law and perspectives, marriage among aristocratic and coralline descendants, with a research focus on case studies in Mangkung village, Central Lombok. Regarding gender equality and Islamic Law, different prices for Ajikrame occur when intermarriages occur between groups, especially those of noble descent and those of Jajarkarang descent. The incident of determining Ajikrame has a significant impact on marriage at the social level and affects Islamic Law, particularly in Islamic Family Law. Therefore, researchers are interested in exploring two research questions, namely (1) What is the practice of aristocratic and Jajarkarang marriages in Mangkung village, West Praya District, Central Lombok? (2) What is the Islamic Family Law perspective on noble and Jaja Karang marriages in Mangkung Village, West Praya District, Central Lombok? This research employs a qualitative approach with a descriptive type. The data collection method employed is a combination of documentation and interviews, while the data analysis method used is content analysis. The research utilizes both primary and secondary sources. The research results show that in the context of the marriage between Ningrat and Jajarkarang in Mangkung Village, West Praya District, Central Lombok, which was influenced by the determination of "Aji Krame," there are several aspects from the perspective of Islamic Family Law and Gender that can influence the social and cultural life of the local community. These aspects include societal alienation and its impact on gender justice. The practice of marriage between Ningrat and Jajarkarang in Mangkung Village, West Praya District, Central Lombok, is valid because it has fulfilled the conditions and requirements of a valid marriage transaction.
CHILD PROTECTION IN THE FATWA OF MUHAMMADIYAH COUNCIL FOR RELIGIOUS OPINION AND TAJDID IN 2024 AND LAW NO. 35 OF 2014 Efendy, Imam Nur; Ikhwanuddin, Mohammad; Al Farisi, Salman; Stiawan, Thoat; Berkah, Dian
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.v24i2.978

Abstract

This study analyzes the protection of children's rights from a comparative perspective between the Fatwa of the Muhammadiyah Tarjih and Tajdid Council Number 54/KEP/I.0/B/2024 concerning Child Protection Jurisprudence (Fiqh) and the Law of the Republic of Indonesia Number 35 of 2014 concerning Child Protection. The research problem focuses on the similarities and differences in the legal substance between the aforementioned Fatwa and the Child Protection Law in terms of guaranteeing children's rights. Both legal sources share four main similarities: the right to life and development, the right to education, the right to custody (hadanah), and the right to express an opinion. However, there are three main differences: (1) the legal sources used, where the Fatwa is derived from Islamic teachings, while the law is based on state law; (2) the Fatwa does not directly address the rights of children with disabilities, although attention to this issue is contained in a separate Fiqh for Disabilities; and (3) (Assumption: Insert the third explicit difference if available in the original text, or focus on implications). This research used a qualitative method with a juridical-normative approach, analyzing relevant documents and literature. The results indicate that significant issues remain to require attention, such as the lack of clear regulations for child protection in the digital age, the continued occurrence of child marriage despite its prohibition, and the limited space for children to express their opinions due to authoritarian family cultures. This research recommends the importance of incorporating religious values into state policy and the need for further study on the protection of children with disabilities and children in the digital world from an Islamic perspective.
JUDGE'S CONSIDERATIONS REGARDING DEFAULT ON DELAYED PAYMENT OF CREDIT BY BRI SYARIAH PALANGKA RAYA BRANCH – (STUDY OF DECISION NO. 1/PDT.G.S/2020/PA. PLK) Saragih, Liyan Sestin Pebriani; Hayati, Mulida; Setiawan, Ahmad
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.v24i2.1082

Abstract

The development of Islamic banking in Indonesia has led to an increase in Islamic economic disputes, particularly those related to financing defaults. This study analyzes judges' considerations in determining default on late payments of BRI Syariah loans, based on a survey of Decision No. 1/Pdt.G.S/2020/PA.Plk. The research method used is normative legal research with a case study approach to court decisions. Data was collected through a documentary study of the ruling, relevant laws and regulations, and Islamic economic law literature. The analysis was conducted using descriptive qualitative methods, drawing on primary legal materials, including court rulings, the Civil Code, the Compilation of Islamic Economic Law (KHES), and relevant laws and regulations. The results of the study show that the judge in decision No. 1/Pdt.G.S/2020/PA.Plk used a comprehensive approach by considering the murabahah bil wakalah financing contract, the bank's restructuring efforts, and the debtor's inability to fulfil their obligations even after being given leniency. The judge found default based on continuous late payments, disregard of repeated warning letters, and failure to take advantage of financing restructuring. The judge's considerations also integrated the principles of Islamic economic law with the provisions of positive civil law in determining the legal consequences of default. This study contributes to understanding the application of Islamic economic law in resolving Islamic banking disputes in Indonesian religious courts.
COMPARISON OF LEGAL NORMS AND MECHANISMS FOR SETTLEMENT OF INTER-RELIGIOUS MARRIAGES IN INDONESIA AND SINGAPORE Istimeisiyah, Dian; Aryanti, Dwi
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.v24i2.1095

Abstract

Interfaith marriages pose different legal challenges in Indonesia and Singapore, primarily due to differences in validation mechanisms and normative frameworks. This study aims to compare the normative frameworks and resolution mechanisms for interfaith marriages in Indonesia and Singapore. This study uses a normative legal research method, with a comparative approach, to examine regulations, administrative practices, and relevant decisions in both countries. In Indonesia, Article 2, paragraph (1), of the Marriage Law makes religious law the primary requirement for validity, so the state does not provide administrative channels for couples of different religions. This condition is reinforced by Supreme Court Circular Letter No. 2 of 2023, which limits requests for court rulings regarding interfaith marriages. In contrast, Singapore implements a dual legal system for marriage through the Women's Charter and the Administration of Muslim Law Act (AMLA), which allows interfaith marriages among non-Muslims through a defined, structured administrative mechanism. The comparative results show that Indonesia still prioritizes substantive, religion-based norms without administrative resolution mechanisms, while Singapore is more adaptive through its civil marriage regulations, which provide legal certainty. This research emphasizes the need for legal reform in Indonesia to accommodate diversity without neglecting the normative principles held by society.
THE ROLE OF HALAL CERTIFICATION INSTITUTIONS IN ENSURING BUSINESS OPERATORS' COMPLIANCE WITH PRODUCT NAMING REQUIREMENTS IN INDONESIA’S HALAL CERTIFICATION PROCESS Yadita, Devina; Sakti, Muthia
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.v24i2.1099

Abstract

A legal tool known as halal certification attests to a product's halal status and ensures compliance with Islamic law. Implementing halal certification involves more than inspection and testing; it also requires certifying bodies to ensure that business actors comply with product-naming rules during the certification process. The purpose of this study is to investigate human resource development in the halal certification process via the regular and self-declaration pathways established by BPJPH, MUI, and LPH, and to analyse the monitoring of the halal certification mechanism through these two channels. With a statute-based and case-based methodology, this study employs a normative juridical approach. Primary, secondary, and tertiary legal literature found through library research are the sources of the data used. The study's findings indicate that BPJPH, MUI, and LPH conduct more stringent oversight of the halal certification procedure through standard channels, involving Halal Auditors and Halal Supervisors who possess competency certifications in compliance with legal requirements. However, because the self-declaration pathway depends on the business owner's self-declaration and PPH Assistants' confirmation, it is typically more vulnerable to exploitation.

Page 22 of 22 | Total Record : 216

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