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 308 Documents
 13   14   15   16   17 
MODEL IJTIHAD SAINTIFIK DALAM PENENTUAN WAKTU IBADAH Arifin, Zaenul
Istinbath : Jurnal Hukum Vol 12 No 1 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

The style of reading text is ideally through three stages, they are “qira'ah salafiyya”, “qira'ah ta'wiliyyah”, and “qira'ah maqashidiyyah”. While in the area of “​​al-waqi'” (the fact) there are several disciplines of knowledge that are used in understanding social phenomena, politics, and science. Therefore, when we are reading the text that will be focus on science phenomenon, the context should be interrelated to the existing disciplines of knowledge in the area of ​​“al-waqi'”. If we do not apply it, the understanding of the text will be out of date, so it is not aplicable. Therefore the “ijtihad” must be always inflamed and the door of “ijtihad” will never be closed. In the context of inflaming “ijtihad”, the knowledge of “usul fiqh” is known as a set of standard methodology that its role has been proven by Islamic thinkers such as Imam madzhab in digging an Islamic law from its original source (al-Qur'an and Sunnah). But today, the “fiqh” of Islam is considered barren because the role of theoretical framework of “usul fiqh” is less relevant to answer the contemporary problems. Therefore, there are many models of “ijtihad” with a new methodology from contemporary Islamic experts in an attempt to dig Islamic law from its original source to suit the dynamics of the progress of time, one of the models of “ijtihad” scientific is timing of prayers. This is a big job to be done in order to establish Islamic ideals themselves (self image of Islam) in the midst of modern life that it is constantly changing and evolving. In Indonesia, the last decade has emerged the development of Islamic law which is adapted to the real conditions of life in Indonesia. This is motivated by the realization that the classical “fiqh” with its methodology device are not able to answer the contemporary issues, so we need a scintific model of “ijtihad”.
KEJAHATAN ANAK MENURUT HUKUM PIDANA POSITIF DAN HUKUM PIDANA ISLAM Hermawati, Nety
Istinbath : Jurnal Hukum Vol 12 No 1 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

The Position of a child is as a subject of law which is determined from the form and system toward the child as a group of community and they are classified that they are incapable or underage. In Islamic law, the children are not as subject of punishment for the crime done by them, because there is no burden of law responsibility for children at any age until they reach the age of puberty, “qadhi” will only have the right to reprimand their guilt or set some restrictions, help them fix it, and require them not to do more mistakes in the future. The study about the age limit of children and its criminal liability according to positive and islamic criminal law become very interesting phenomenon to be discussed. Moreover, there are many phenomena that an underage child was accused and detained like the litigants. The Limit of the child's age and its criminal responsibility in Islamic law is that a child under the age of 15 or 18 years old and his acts can be considered that it against the law only if the condition itself can affect the accountability. The offenders of law done by children can be excused or punished, but it is not on the principal punishment, but ta’zir punishment. While in positive law, limits of the children’s age is 8 years old but they haven’t not reached the age of 18 years old and they have never been married and all deeds of children that violate the law can be punished but their maximum imprisonment is a half of adult’s punihsment for prison or jail up to 10 years. The penalty life imprisonment and the death penalty are not prevailed to children.
ANALISIS YURIDIS SOSIOLOGIS TERHADAP PERUBAHAN UNDANG-UNDANG KOPERASI Murdiana, Elfa
Istinbath : Jurnal Hukum Vol 12 No 1 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

The change in the Law of Cooperation No. 17 year 2012 gives an impact on the institutional and cooperative Indonesian capital system including Baitul Maal Wat Tanwil (BMT) which is belong to Shari'ah micro-finance institutions under the shelter of the Department of Cooperation. By means of sociological juridical approach, it emphasizes the analysis aspects about the response of Baitul Maal Wat Tanwil (BMT) Metro City toward Cooperative Law alteration No. 17 Year 2012. By applying the technique of interview, the researcher was succesfully collected the data then analyzed them by using deductive thinking groove, thus, it was described that since it was prevailed in Cooperative Law No. 17 year 2012 the entire of BMT in Metro has issued an SMK (Cooperative Capital Certificate) as a form of capital gained from members, related to the institutional alteration of BMT cooperation that have been doing the separation of business units such as a business conducted by atta'awun BMT through the cooperation of Jusimart Metro. In substance, however the existence of Law Cooperation No. 17 year 2012 is actually perceived that it is not in line with the vision and mission of BMT because indirectly, it has reduced the spirit of Shari'ah in BMT. It was information conveyed by some great leaders of BMT, therefore their great hope that BMT has their own development policy as shari'a banking.
QADZAF MENURUT HUKUM ISLAM DAN KHI Afifah, Nurul
Istinbath : Jurnal Hukum Vol 12 No 1 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

Islam views that adultery (zina) is an indecency and it includes a great sin. So as a consequence, Islam impose penalties (had) of “rajam for mukhsan adultery” and penalty about 100 floggings (one hundred times). As a balance toward the severity of sanction adultery law, accusing man or a good woman doing adultery is slander vicious, because if the accusations were continued, of course the accused man or woman will be affected by the consequences of adultery law itself. It will raise the assumption that they are doing cruel acts. “Qadzaf” is accusing someone else that commits adultery, either allegations through a clear statement or utterance that one's children is not a descendant of his father. These action is included into major sin. The requirements of a “qadhif” that if she wants to be save (from the penalty of dera), he must provide four equitable male witnesses; if it is not capable to be done, the punishment (had) for him is trounced about 80 (eighty times); the testimony of himself will not be accepted forever and they are belong fasik people. In Indonesia there has not been a specific legal provisions that organize about the punishment for adultery accuser (qadzaf). But in the Compilation of Islamic Law in Indonesia (KHI), it is described that a husband who accuses his wife of adultery and deny the unborn child or children who have been born by his wife, while his wife refuses the accuse and deny it then they can take an oath in front of the judges council. The law consequence of the oath is the marital status of both will be severed forever.
STATUS HUKUM DAN HAM ANAK DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA Asnawi, Habib Shulton
Istinbath : Jurnal Hukum Vol 12 No 2 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

Background This article departs from concern about the high violation of children's rights in Indonesia, particularly children in conflict with the law (child in conflict with the law), either as witnesses, victims or perpetrators of crime. In this article, focusing on the study of the question of the juvenile criminal justice system, namely Law. No. 11 of 2012 on the Criminal Justice System Child (Law SPPA), which still left many problems so that justice and the rights of children difficult to materialize. However, it should be realized that the product legislation is the result of a political compromise so much criticism even guguatan shown in SPPA law shortly after enactment. Although, on the other hand the Act SPPA lot of progress compared to the previous juvenile justice law. Therefore, in this article that will be studied is what are the issues in the Act SPPA and how efforts to optimize the Act SPPA in justice and human rights protection for children in Indonesia against the law.
MEDIASI PERSPEKTIF HUKUM ISLAM (STUDI PERMA NO. 1 TAHUN 2008 TENTANG PROSEDUR MEDIASI DI PENGADILAN) Bashori, Imam Ali
Istinbath : Jurnal Hukum Vol 12 No 2 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

Mediation is an alternative way to resolve disputes. With the approach of a win-win solution, mediation can bring a sense of fairness in resolving disputes without going through trial procedures are familiar with legal terminology that is difficult to understand by the general public. However, not all disputes can be resolved through mediation way. Perma No. 1 of 2008 on mediation procedure in court mediation limit applies only to disputes / civil cases. This paper questions the back of the scope and types of cases that can use alternative settlement by way of mediation. Here will be presented mediation according to the viewpoint of Islam well as analysis for Perma No. 1 Year 2008. Islamic law is an integral part of building laws in Indonesia, so that it opens the possibility of treasures in Islamic law becomes the input for the law in Indonesia, including on mediation. In the mediation of Islam known as Sulh encompass a broader scope than the scope of mediation in Perma No. 1 Year 2008. This paper will parse the opportunity to broaden the scope of mediation in Perma No. 1 of 2008 is based on the viewpoint of Islamic law, one of which is mediation in criminal cases. The State does not only present as a punisher, but more widely present state as a mediator in criminal matters (public).
HAK PEREMPUAN PASCA PERCERAIAN : ANALISIS PERBANDINGAN HUKUM KELUARGA DI INDONEISA DAN DUNIA Sadari, Sadari
Istinbath : Jurnal Hukum Vol 12 No 2 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

Islamic law has set universally regarding family law issues relating to divorce, but it seems that the difference for women's rights after divorce occurs in a range of applications in the side or the level of legal arrangements, given the differences in social system, cultural system or even the political system in each each country both in Indonesia and in the Islamic world. Comparative analysis of family law related to women's rights after divorce in this article, based on the exposure of legal jurisprudence schools and the positive law in force in countries such as Indonesia, Malaysia Tunisia, Iran, Egypt, Yemen, Turkey, and Iraq, special about the reasons of divorce. In general, these countries legal materials more dominant tendency is patterned Shafi'i schools. However, there are several different opportunities such as: in terms of the chances of divorce, in each country appears once judiciary complicate divorce, meaning to go keperceraian first sought peace efforts were made as strong as possible. Yet in terms of the position of the parties is protected rights before the law (principle of equality before the law) in each country for example in Indonesia and South Yemen, especially in Yemen has also strengthened in its National Constitution that "The State guarantee or protect the legal equality between laki- men with women in all aspects of life, whether political, economic, and social life ".
DINAMIKA HISAB RUKYAT DI INDONESIA Izzuddin, Ahmad
Istinbath : Jurnal Hukum Vol 12 No 2 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

Rukyat reckoning in Indonesia synonymous with crucial endless conflict. Determination loaded with the beginning of the month of Ramadan phenomenon of determination dated 1 Shawwal and Dzulhijah. Determination early in the calendar hijriyah Typically, the difference was the case of the methods used. To determine 1 Ramadan could Rukyat and Hisab. Each one has a proposition. So if it is different, but there are strong arguments. Hilal debate current hot issue ahead of the fasting month and 1 Shawwal. Hilal is the earliest appearance in the visible faces of the earth after months of conjunctions / ijtimak. This initial month will appear on the western horizon (maghrib) at sunset. Ijtimak / conjunctions are events that occur when the angular distance (elongation) of an object with another object is equal to zero degrees. In the approach to astronomy, Conjunction is an event when the sun and moon are aligned in the same plane of the ecliptic. At a certain moment, these conjunctions can cause a solar eclipse. Hilal is the criteria for an initial month. As we know, in the Hijri calendar, a day starting from sunset local time, and the determination of the beginning of the month (calendar) depending on the sighting of the new moon / month. Therefore, the Islamic calendar month can be aged 29 days or 30 days. Rukyat visibility of the new moon is observed activity, namely sighting the crescent first appears after the ijtimak. Rukyat can be done with the naked eye, or with optical aids such as telescopes. Rukyat activity carried out on the eve of the first sunset after ijtimak (at this time, the position of the moon is on the western horizon, and the moon sets shortly after sunset). When the moon is visible, then in the evening local time has been entered date 1. In addition to the new moon and rukyat term reckoning still controversy. Hisab often used as an astronomical mathematical calculation method to estimate the position of the sun and moon to the earth. Determination of the position of the sun is important because Muslims to worship prayers using the sun's position as the benchmark prayers. While the determination of the position of the moon to know the moon to mark the entry of the new moon period in the Hijri calendar.
KONSEP KEPALA KELUARGA ANTARA LAKI-LAKI DAN PEREMPUAN DALAM SURAT AN NISA (4) AYAT 34 Kholis, Muhammad Nur
Istinbath : Jurnal Hukum Vol 12 No 2 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

Husband's role in the family is affected by the role of the wife. Harmonious domestic life is the desire of every couple who fostered by the head of the family both men and women. But in practice conditions many families are affected by the threat of hurricanes and the current inequality of a leadership role. The relationship between husband and wife at a given time can suffer shocks worrying. Tali marriage in Islam is a strong bond that is formed couples in order to reach the fabric of household. In al-Qur'an Allah characterization of his marriage with the term mitsaqan ghalizhan (rope solid agreement). This article attempts to explain the relationship between the holy book the Koran and the community, both of which are factors that have a dependency memenculkan different interpretations, particularly of the concept of "head of household". In other words, changes in the condition and development is a means to understand the scope of the meaning of al-Qur'an.
METODE PENENTUAN ARAH KIBLAT DENGAN POSISI MATAHARI: (Rasydhul Qiblah Harian Sebagai Metode Mengukur Arah Kiblat) Jamil, Antoni
Istinbath : Jurnal Hukum Vol 12 No 2 (2015): Istinbath Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

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

Abstract

Research on method of determining the Qibla direction has been done by the people of Indonesia. But studies conducted have not been studied in depth at a particular focus of study. In fact, if observed, facing the qibla is the absolute duty for every Muslim. For facing the Qiblah closely associated with the implementation of the prayers that are part of one of the pillars of Islam. It can be said unauthorized person's prayers when implemented in a position not facing the Qibla. The samples in this study using techniques purposivve sampling area, where the sample is based on certain considerations in addition based on the area, because the Indonesian territory is divided into three time zones, the three regions of the sampled population, while the region was taken purposively by considering geographical location, namely latitude and longitude. Based on the research conducted, it can be seen that the rasydhul Qiblah daily can not be converted because of the time difference is relatively large, rasydhul Qiblah daily can be made a fixed schedule as the schedule of prayer, the sun's position in the sense of the distance of the sun from the equator very influential on the time or the time the sun right leads to the direction of Qibla (rasydhul Qiblah), while the geographical location there is however relatively small influence.

Page 15 of 31 | Total Record : 308

 13   14   15   16   17 

Filter by Year

2015 2025


Reset
Filter By Issues
All Issue Vol 22 No 02 (2025): Istinbath: Jurnal Hukum 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