cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Agus Salim Ferliadi
Contact Email
salim.ferliadi@gmail.com
Phone
+6283168836990
Journal Mail Official
redaksiistinbath@gmail.com
Editorial Address
Jl. Ki Hajar Dewantara 15A Iringmulyo, Metro Timur, Kota Metro, Lampung Telpon: 0725-41507, Fax: 0725-47296, CP: 0857 6999 9502
Location
Kota metro,
Lampung
INDONESIA
Istinbath : Jurnal Hukum
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : 18298117     EISSN : 25273973     DOI : https://doi.org/10.32332/istinbath.v17i1
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Istinbath : Jurnal Hukum is Open Journal of Law, a Journal that contains legal-based scientific papers. Published by Sharia Faculty of IAIN Metro. Ever applied for accreditation in 2016. It is published twice a year in Mei and November. Istinbath Journal Law is a periodical publication of scientific articles containing thematic laws with various approaches in the scope of positive law and Islamic law. Journals are published in print and online. Istinbath Journal of Law is published by the IAIN Metro Sharia Faculty. Istinbath Journal of Law is published as an attempt to socialize scientific studies in the form of literature review articles and research results related to the law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
 1   2 
Search results for , issue "Vol 13 No 1 (2016): Istinbath Jurnal Hukum" : 16 Documents clear
MEKANISME DAN DASAR KEBERLAKUAN LEGAL DRAFTING DI INDONESIA Betha Rahmasari
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.185 KB)

Abstract

Indonesia is a country based on pancasila and the Constitution of the Republic of Indonesia in 1945, then all aspects of life, civic, State, and national Government should be included based on the law. With regard to the process of the formation of laws, both prior to and post the amademen Constitution, and after the establishment of Act No. 10 of 2004, senyatanya is still faced with various problematic, both substantially juridical, technical authors, as well as the implementation and enforcement of the law. The publication of law No. 10 of 2004 which was approved in a plenary meeting of the DPR on 24 May 2004 and was replaced by law number 12 of the year 2011 on the establishment of regulations, then the mechanism of the formation of laws and regulations have been terintegritas in one act. Planning laws-laws at least contains five things: 1. the planning and goals of the Foundation, 2. Application priority legal matter will be planned, 3. Determination of the mechanisms of the planning process, 4. A means of planning, and 5. supporting, such as research, extension, dekumentasi, and so on. Legislation is a decision of a State agency or agencies of Government that was formed on the basis of attribution and delegation. In another formulation can also be interpreted, that laws are regulations written legislation formed by State agencies or officials who authorized and binding in General. In the study of the science of law there are three factors that become a parameter of legislation so as to apply properly, i.e. have basic juridical, sociological, enforceability and philosophical. Through this mechanism the formation and enactment of laws and regulations in Indonesia parsed systematically.
KERANGKA ISTINBATH MASLAHAH MURSALAH SEBAGAI ALTERNATIF PROBLEM SOLVING DALAM HUKUM ISLAM Wahyu Abdul Jafar
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (449.563 KB)

Abstract

This study explains the importance of limits and rules in beristinbath using maslahah mursalah. Not all the reasons the benefit on any issue that can be accepted and relied upon in the beristinbath but still need the filtering process in advance. Only reasons that meets the requirements can be allowed to be used as proof in beristinbath using maslahah mursalah. This is important because if it is done in the beristinbath using the opportunities given mursalah maslahah as free-free without any clear rules, will dihawatirkan appear legal products which do not comply with maqosyid al-Shari'ah (Islamic law forming). Later in this study described the question of beristinbath framework using approach of maslahah mursalah in detail, beginning with the process description, collection and presentation of data related to issues that will be discussed. Then proceed with the process of verification and justification.
MODEL PENEMUAN HUKUM DENGAN METODE MAQASHID SYARIAH SEBAGAI JIWA FLEKSIBELITAS HUKUM ISLAM Azmi Sirajuddin
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.223 KB)

Abstract

Finding the law in the Islamic law by Maqashid Syariah Method as a soul of Islamic law flexibility is very important and urgent in social life especially in a moslem society and it is one of way to be the best in stepping forward and progressing for a muslim country toward a moslem society and a moslem citizen in order to get a victory and a progress in facing many cases in this modern living and to get the best foundation in finding a new formula in an Islamic law and a new soul as the method in understanding and finding a new formula in solving many life problems especially in economic challengers for moslem society where and whenever they are. This is a big problem for a moslem intellectual to sharing their knowledge and science in getting new formulas in Islamic law for helping muslim’s problems and cases either social’s cases or nation’s cases to set up and build up something different with other cases of other religions. Islamic law is different from other laws as Josep Schract said: Islam is the religion of law and Christian is the religion of theology. At the present to solve the economic problems belong to muslim’s problem either in their life inside social climate or in board religious affair that those problems in economy can be solved by maqashid syariah as the excellent method in finding a new formula in Islamic law as Allah’s gracious toward His Ummah. The conflict theory is a method which is always true and exist in social life and social climate as Allah’s grant toward His Worshippers in this world. So this theory gives functions as the result of human’s life in facing many problems and cases. Human life must be exist and stand to continue their life in this world. In this case, the judges must be able to form a new law based on the maqashid syariah.
ARGUMENTASI IBN HAZM: DEKONSTRUKSI KEHUJJAHAN QIYAS SEBAGAI METODE PENETAPAN HUKUM ISLAM chamim tohari
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (468.336 KB)

Abstract

This research discuss about argumentation constructed by Ibn Hazmand his efforts to reject qiyas as a methodology for making decision of the Islamic jurisprudence. The purposes of this research fo find the answers of the questions below: Definition of qiyas and its legality in the opinion of muslim scholars; The rejection of Ibn Hazm to the qiyas as a methodology of ijtihad and his argumentations; and the description of Ibn Hazm’s logical reasoning in his ijtihad when he do not using qiyas as his method. The research is a library research with content analysis as analysis method. Its to collect several sources which is have connection with the theme of this research, then analysed qualitatively to get the answers for the formulated questions. The result of this research: First, qiyas is bring a unknown law to a known law, in order to establish the law for both, or to eliminate the law for both, caused by something unites both, wether it is legal or nature. The majority of muslim scholars agreed with the legality of qiyas. Second, the rejection Ibn Hazm to the qiyas is based on some verses of Qur’an and Hadith, beside that he reject also ijma’ shahaba as legal fondation of qiyas. Third, in his ijtihad, Ibn Hazm did not use qoyas as his method, but he use istishâb and logical analysis approuch to extract the law from the nash.
PRODEO DALAM PERADILAN SEMA NOMOR 10 TAHUN 2010 Nawa Angkasa
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.791 KB)

Abstract

The parties who could not afford, can file a lawsuit/petition in prodeo. The State can't afford it should be proved by certificate of the head of the concerned villages. In the register matter it will be recorded. All receipts and expenditure, though none in the journal must remain recorded. Before a lawsuit is recorded in the register book, plaintiff in advance are to apply for litigants in prodeo, which if granted, the Judge makes the determination about the permit litigants in prodeo, after previously opposing parties are given the opportunity to respond to the petition. About granting permission beracara in prodeo applies to each level of the judiciary in own-¬ itself and can not be given to all levels of the judiciary. Defendant who cannot afford to pay the fees, are also eligible to apply in such a way the prodeo above. The petition against the litigants in prodeo, the judge makes the determination of diizinkannya beracara in prodeo after previously opposing parties are given the opportunity to determine ¬ patan to respond (in accordance with article 237, and HIR Article 273 RBg).
AL-THÛFÎ : REPRESENTASI KAUM LIBERALIS TERHADAP PEMBENTUKAN HUKUM ISLAM Moh Mufid
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (583.036 KB)

Abstract

The dynamics of Islamic legal thought continue rolling relentlessly. One of the frequently asked questions discourse in academic circles is about the concept of affairs. The most controversial are considered related that concept was Najm al-Din al-Thûfî. In his work, al-Thûfî seek elaborating the thought of his predecessors. The thought of al-Thûfî that's cause he is regarded as a liberal figure, for daring to "against" nash. One of the points from the al-Thûfî of affairs is that Affairs is the most powerful sharee'ah (al-mashlahah al-syar'i adillat Sukhumi). For al-Thûfî, when nash and consensus contrary to Affairs, should take precedence by way of takhshish Affairs and bayan against nash. This then gave birth to the pros and cons against the thought of al-Thûfî. On the other hand, thanks to the brilliant thought, then al-Thûfî often referred to as the House of Liberals. Whereas there is a fundamental difference related to the thought of al-Thûfî with the Liberals in Indonesia.
EKSISTENSI MADZHAB DALAM HUKUM ISLAM MASA KONTEMPORER M Saleh
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.468 KB)

Abstract

Based on the above explanation can we understand that differences of opinion among Muslims is not a new phenomenon, but since most early Islamic period of dissent that has already happened. The difference occurs based and the existence of different views of each sect in understanding Islam the truth on that one. For that we Muslims should always be open and arif in memendang as well as understand the meaning of the difference, up to a point the conclusion that is different it's not identical to the contrary during the difference it move towards truth and Islam are one in diversity. Khilafiah problem is the problems that occur in the reality of human life. Among the problems the khilafiah anyone solve it in a way that is simple and easy, since there is a mutual understanding based on common sense. But behind that khilafiah can be a problem stand to establish harmony among Muslims because of the attitude of the taasub (fanatical) excessive, not based on considerations of common sense and so on. Dissent in the Court of law as a result of research (ijtihad), need not be seen as a factor that weakens the position of Islamic law, even on the contrary can provide respite. This means, that people are free to choose one of the opinion of the many, and not just glued to one opinion only. Therefore, the existence of bermadzhab in Islamic law in contemporary era is still required to align clients ' factual truth of the Qur'an and as-Sunnah.
KEDUDUKAN IJMA SEBAGAI DALIL HUKUM TERHADAP JABATAN PUBLIK Muhammad Ashsubli
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.628 KB)

Abstract

Asked for office or running for political ethics are common. Some of the arguments of such consensus clearly explain how the real Islam considers an office that has become a symbol of social status. Candidacy and campaign for certain political positions can be justified under Islamic law for a person who within him there are two things. First, has the capacity, capability and acceptability sufficient to assume that he ran for office and campaign for him to reach it. Second, the main motivation is certainly solely to seek the pleasure of Allah and for the sake of realizing the public good and not for personal interests and reach or not the means to do things that are destructive to the interests of the public. Thus, through this paper hope to anyone who wants to run for leaders to be honest in judging ourselves, so that positions of leadership which it aspires into leadership, accompanied by the Lord's hand in giving the best to the people method used in this study using Quantitative Research. This study uses a measurement technique problem through careful against varaiabel-specific variables, so to be produce conclusions that can be generalized, separated from the context of the time and the situation and the type of data collected mainly quantitative data. Quantitative research is used primarily to develop the theory in a scientific discipline. Use of taking the measurements with analyzes statically in research implies that this study uses quantitative methods.
ARGUMENTASI IBN HAZM: DEKONSTRUKSI KEHUJJAHAN QIYAS SEBAGAI METODE PENETAPAN HUKUM ISLAM tohari, chamim
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research discuss about argumentation constructed by Ibn Hazmand his efforts to reject qiyas as a methodology for making decision of the Islamic jurisprudence. The purposes of this research fo find the answers of the questions below: Definition of qiyas and its legality in the opinion of muslim scholars; The rejection of Ibn Hazm to the qiyas as a methodology of ijtihad and his argumentations; and the description of Ibn Hazm’s logical reasoning in his ijtihad when he do not using qiyas as his method. The research is a library research with content analysis as analysis method. Its to collect several sources which is have connection with the theme of this research, then analysed qualitatively to get the answers for the formulated questions. The result of this research: First, qiyas is bring a unknown law to a known law, in order to establish the law for both, or to eliminate the law for both, caused by something unites both, wether it is legal or nature. The majority of muslim scholars agreed with the legality of qiyas. Second, the rejection Ibn Hazm to the qiyas is based on some verses of Qur’an and Hadith, beside that he reject also ijma’ shahaba as legal fondation of qiyas. Third, in his ijtihad, Ibn Hazm did not use qoyas as his method, but he use istishâb and logical analysis approuch to extract the law from the nash.
AL-THÛFÎ : REPRESENTASI KAUM LIBERALIS TERHADAP PEMBENTUKAN HUKUM ISLAM Mufid, Moh
Istinbath : Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The dynamics of Islamic legal thought continue rolling relentlessly. One of the frequently asked questions discourse in academic circles is about the concept of affairs. The most controversial are considered related that concept was Najm al-Din al-Thûfî. In his work, al-Thûfî seek elaborating the thought of his predecessors. The thought of al-Thûfî that's cause he is regarded as a liberal figure, for daring to "against" nash. One of the points from the al-Thûfî of affairs is that Affairs is the most powerful sharee'ah (al-mashlahah al-syar'i adillat Sukhumi). For al-Thûfî, when nash and consensus contrary to Affairs, should take precedence by way of takhshish Affairs and bayan against nash. This then gave birth to the pros and cons against the thought of al-Thûfî. On the other hand, thanks to the brilliant thought, then al-Thûfî often referred to as the House of Liberals. Whereas there is a fundamental difference related to the thought of al-Thûfî with the Liberals in Indonesia.

Page 1 of 2 | Total Record : 16

 1   2 

Filter by Year

2016 2016


Reset
Filter By Issues
All Issue Vol 22 No 01 (2025): Istinbath: Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum Vol 21 No 01 (2024): Istinbath: Jurnal Hukum Vol 20 No 02 (2023): Istinbath : Jurnal Hukum Vol 20 No 01 (2023): Istinbath : Jurnal Hukum Vol 19 No 02 (2022): Istinbath : Jurnal Hukum Vol 19 No 01 (2022): Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum Vol 16 No 2 (2019): Istinbath : Jurnal Hukum Vol 16 No 1 (2019): Istinbath : Jurnal Hukum Vol 15 No 2 (2018): Istinbath : Jurnal Hukum Vol 15 No 1 (2018): Istinbath Jurnal Hukum Vol 14 No 2 (2017): Istinbath Jurnal Hukum Vol 14 No 1 (2017): Istinbath Jurnal Hukum Vol 13 No 2 (2016): Istinbath Jurnal Hukum Vol 13 No 1 (2016): Istinbath Jurnal Hukum Vol 12 No 2 (2015): Istinbath Jurnal Hukum Vol 12 No 1 (2015): Istinbath Jurnal Hukum More Issue