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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 227 Documents
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ANALYZING PATA’GALA GALUNG (PADDY FIELD PAWNING) THROUGH THE LENS OF ISLAMIC ECONOMICS: A CASE STUDY IN BANGKALALOE VILLAGE, BONTORAMBA DISTRICT, JENEPONTO REGENCY, SOUTH SULAWESI Eko Ardiansyah; Syaripuddin; Ermiati
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.1198

Abstract

This study examines the practice of pata’gala galung (paddy field pawning) in Bangkalaloe Village, Bontoramba District, Jeneponto Regency, South Sulawesi, Indonesia, from the perspective of Islamic economics. It addresses three research questions concerning the operational mechanism of this customary practice, its conformity with the principles of classical fiqh al-muamalah, and the sharia-based reconstruction required to address identified legal and ethical deviations. A qualitative case study approach was employed. Data were collected through in-depth interviews, participant observation, and document analysis involving eight purposively selected informants, with source triangulation used to enhance the credibility of the findings. The results reveal that: (1) pata’gala galung has been preserved as an intergenerational customary practice based on oral agreements without written documentation or clearly defined contractual periods; (2) the pledgee’s unrestricted appropriation of agricultural yields constitutes a form of riba khafi and conflicts with the principles of justice, transparency, and mutual benefit emphasized in Islamic commercial law; and (3) reconstructing this practice requires an integrated framework consisting of written contracts, clearly specified pledge periods, sharia-compliant profit-sharing arrangements, strengthened legal awareness among community members, and the establishment of village-based Islamic microfinance institutions as alternative financing mechanisms. This study contributes to the contextual development of fiqh al-muamalah by demonstrating how Islamic legal principles can be applied to reform customary agricultural transactions while preserving local traditions. It also offers practical recommendations for policymakers, village governments, religious leaders, and Islamic financial institutions in promoting more equitable and sharia-compliant rural financial practices.
OBEDIENCE TO ULIL AMRI AND THE REJECTION OF LAW NO. 52 OF 2009: SALAFI GROUPS, CITIZENSHIP, AND FAMILY PLANNING IN LEGALIST AND CONSTITUTIONAL PERSPECTIVE Najamudin; Jumarim; Apipuddin; Rahimin Affandi Abdul Rahim
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.1225

Abstract

This article examines the tension between the professed obedience of Salafi Islamic groups in Indonesia (often labelled “conservative” or “Wahabi”) to the legitimate ruler (Ulil Amri) and their rejection of Law No. 52 of 2009 on Population Development and Family Development, together with its family-planning (Keluarga Berencana/KB) programme. Using doctrinal-normative legal research complemented by conceptual analysis, the study reads this tension through two lenses: the legalist theory of law associated with Han Feizi, which treats enforceable law backed by a capable ruler as the basis of social order, and the constitutional framework of the 1945 Constitution and Pancasila. The article presents the groups’ own position in their terms their distinction between birth limitation (tahdid al-nasl), which they reject, and birth spacing (tanzim al-nasl), and their reliance on a pronatalist reading and the Lajnah Daimah fatwa alongside the competing view that family planning is permissible, as affirmed by the MUI, Nahdlatul Ulama, and Muhammadiyah. It argues that the rejection sits in tension with the constitutional duty of equal submission to law (Article 27) and with the groups’ own doctrine of obedience, but that the category is internally diverse and that any state response is bounded by the constitutional freedoms of religion, expression, and association. The study concludes that, rather than the coercive control a strict legalist logic would imply, a constitutionally constrained approach combining law enforcement with dialogue and civic education is more defensible. The contribution of these groups to demographic trends is treated as a hypothesis requiring further empirical study.
INDONESIAN WAQF BOARD AND PRODUCTIVE WAQF GOVERNANCE FOR COMMUNITY ECONOMIC PROSPERITY IN CENTRAL JAVA Muhammad Syauqy Salam; A. Zaenurrosyid; Hidayatus Sholihah
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.960

Abstract

Waqf has substantial potential to strengthen local economic development in Indonesia; however, its institutional governance and productive utilization remain uneven across regions. This study examines the governance of waqf assets and the utilization of waqf proceeds for community economic empowerment within the jurisdiction of the Indonesian Waqf Board (BWI) Representative Office of Semarang City. A qualitative case study approach was employed using field research. Data were collected through semi-structured interviews with BWI representatives, waqf managers (nazhir), and beneficiaries, complemented by document analysis of relevant regulations and institutional records. The data were analyzed using an interactive qualitative analysis model involving data reduction, data display, and conclusion drawing. The findings reveal a significant gap between the regulatory mandate and institutional practice. Although BWI Regulation No. 4 of 2010 authorizes BWI to serve as nazhir under specific circumstances, the BWI Representative Office of Semarang City has not assumed this role and does not directly manage waqf assets. Consequently, the governance of waqf assets remains dependent on individual nazhir institutions with varying managerial capacities. Most waqf assets in Semarang City consist of land dedicated to mosques, prayer facilities, educational institutions, and cemeteries, while only a limited proportion has been developed for productive economic activities. Existing productive initiatives are generally managed independently by local nazhir rather than through direct institutional management by BWI. This institutional arrangement constrains the optimization of waqf for community economic empowerment despite the considerable economic potential of available waqf assets. The study argues that strengthening governance capacity, improving institutional coordination, enhancing nazhir professionalism, and implementing systematic monitoring mechanisms are necessary to align waqf management practices with the objectives of national waqf governance. These findings contribute to the discussion on waqf governance by providing empirical evidence of the implementation gap between regulatory frameworks and local institutional practice, while offering policy recommendations for improving productive waqf management in Indonesia.
GOOD CORPORATE GOVERNANCE IN GREEN FINANCING FOR RENEWABLE ENERGY ISLAMIC BUSINESS ETHICS PERSPECTIVE Haryati; Heri Junaidi; Abdul Mughits; Nik Abdul Rahim Nik Abdul Ghani
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.1052

Abstract

Good corporate governance (GCG) is increasingly important in ensuring that green financing for renewable energy is not reduced to a formal environmental label, but is managed through transparent, accountable, responsible, independent, and fair decision-making. This study examines how renewable-energy financing can be strengthened through the integration of GCG and Islamic business ethics. Using normative-conceptual library research, the article analyses regulations, green-financing instruments, energy-management literature, and Islamic ethical principles. The study proposes a TARIF-Amanah Green Financing Governance Model, which links each GCG principle to Islamic ethical values and to concrete governance mechanisms in project screening, use of proceeds control, impact reporting, sharia supervision, and stakeholder protection. The findings show that Islamic business ethics deepens conventional GCG by transforming governance from procedural compliance into moral accountability before God, society, and the environment. In this framework, green sukuk and sustainable finance policies become stronger when they apply credible eligibility criteria, measurable environmental impacts, and safeguards against greenwashing. The article concludes that renewable-energy financing requires not only capital mobilization, but also ethical governance that protects public welfare and ecological balance
RECONSTRUCTING THE LAW OF JILBAB IN THE QUR’AN: A COMPARATIVE STUDY OF CLASSICAL AND CONTEMPORARY INTERPRETATIONS Ihram Ahmed Siregar; M. Aulia Urrahman; Rizki Amar; Andrie Nindy Dwiantari; Lisa Hertiana
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.1140

Abstract

This article examines and reconstructs the legal understanding of the jilbab through a comparative approach between the interpretations of classical and contemporary Islamic scholars. Debates on the jilbab are not limited to the normative aspects of religious texts, but also reflect the dynamic relationship between religion, culture, and social change. This study employs a qualitative method with a normative–comparative approach by analyzing Qur'anic verses related to the hijab, particularly Q. al-Nūr [24]: 31 and Q. al-Aḥzāb [33]: 59, as well as the interpretations of classical exegetes such as al-Ṭabarī, Ibn Kathīr, al-Qurṭubī, and al-Suyūṭī. These interpretations are then compared with the views of contemporary Muslim thinkers, including Saʿīd al-ʿAshmāwī, Muhammad Syahrūr, Amina Wadud, Yusuf al-Qaraḍāwī, and M. Quraish Shihab. The findings indicate a paradigmatic shift in interpretation from a textual–normative approach that emphasizes the formal obligation of the hijab toward a contextual and teleological approach oriented to the objectives of Islamic law (maqāṣid al-sharīʿah), such as the protection of dignity, modesty, and social justice. The reconstruction of hijab law proposed in this article underscores the importance of distinguishing between universal normative Islamic values and the practical forms of the jilbab, which are historical and contextual in nature. This distinction has particular relevance in a Muslim-majority country such as Indonesia, where debates over religious dress intersect with questions of religious diversity and legal formalization. This study is expected to contribute to the development of contemporary Islamic legal discourse that is more adaptive, humanistic, and responsive to social realities.
COMPARATIVE STUDY OF SALE AND PURCHASE ACCORDING TO MADHHAB FIQH AND FATWA DSN MUI NO. 110 Nasywa Hanifah; Neni Nuraeni; Fauzan Januri
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.1208

Abstract

This study aims to examine and compare the concept of sale and purchase (jual beli/bay') according to the four schools of Islamic jurisprudence (madhab fiqh) Hanafi, Shafi'i, Maliki, and Hanbali and to analyze their relevance to DSN-MUI Fatwa No. 110/DSN-MUI/IX/2017 on the Contract of Sale and Purchase (Akad Jual Beli). This research employs a normative-comparative legal approach using library research methodology, drawing on classical fiqh texts, contemporary muamalah literature, scholarly journals, and DSN-MUI fatwas. The findings reveal that all four schools share strong common ground on fundamental principles: the permissibility of sale and purchase based on QS. al-Baqarah: 275, the necessity of mutual consent (ridha/taradi), and the prohibition of riba and excessive gharar (gharar fahisy). Differences arise at the technical-operational level, particularly in determining the number of pillars (arkan): Hanafi recognizes only one (sighat), while Shafi'i and Maliki recognize three, and Hanbali four. Divergence also emerges on the validity of ta'athi (exchange without verbal offer-acceptance), and the application of sadd al-dzara'i' to contracts such as bai' al-'inah and bai' al-wafa'. DSN-MUI adopts an eclectic (talfiq) approach oriented toward maqashid al-shari'ah: adopting the majority's (jumhur) pillar structure (Shafi'i-Maliki), applying Maliki-Hanbali sadd al-dzara'i' in rejecting ribawi legal stratagems (hilah ribawiyyah), and accommodating Hanafi-Hanbali flexibility on ta'athi and 'urf for modern transactional needs. In conclusion, the opinions of the imams of the four schools remain highly relevant as methodological references for DSN-MUI in responding to contemporary challenges in Islamic economic law.
PROTECTION OF INVESTORS’ CIVIL RIGHTS AT PT DANA SYARIAH INDONESIA FROM THE PERSPECTIVE OF MAQASID SHARIAH AND OJK REGULATION NO 22 OF 2023 Ummi Syahadah Nainggolan; Aida Nur Hasanah
istinbath Vol. 25 No. 1 (2026): Contextualizing Islamic Law and Economics
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v25i1.1235

Abstract

The development of globalization and digitalization has transformed the way society interacts within the financial sector, one example being Sharia-based peer-to-peer (P2P) lending fintech in Indonesia. This transformation presents serious challenges to the protection of investors’ civil rights. This is reflected in the case of PT Dana Syariah Indonesia (DSI), which is alleged to have committed fraud, causing lender funds of more than Rp1.386 trillion while the total accumulated losses of all victims are widely reported to reach 2.4 trillion from tens of thousands of investors. Such circumstances indicate that current regulations and supervision have not been able to provide optimal legal protection. This study aims to analyze the types of civil rights violations against investors at DSI, the effectiveness of legal protection based on OJK Regulation No. 22 of 2023, and its compatibility with the principles of Maqasid Syariah, particularly hifdz al-mal (protection of wealth). The method used is normative juridical, employing a statutory and conceptual approach through literature study. The results show that DSI is suspected of committing eight types of investor rights violations, including a Ponzi scheme, fictitious projects, and fund transfers to affiliated entities. Investor protection in OJK Regulation No. 22 of 2023 is regulated both preventively and repressively; however, its implementation is hampered by information asymmetry and weak fiduciary duty. From the perspective of Maqasid Syariah, DSI’s practices contradict the principle of hifdz al-mal as they involve elements of gharar (uncertainty) and fraud. This study concludes that there is a need to strengthen fiduciary duty and enhance Maqasid Syariah based supervision in OJK regulations to ensure optimal and equitable protection of investors’ assets.

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