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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 300 Documents
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Permintaan Mahar Perkawinan Dan Stigmatisasi Negatif Terhadap Perempuan Zulaikha, Siti
Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i1.4081

Abstract

A dowry in marriage is something that is given at the request of the woman, although bargaining about the amount is common and common, until an agreement is reached between the two prospective brides. Although statistically 'there is no provision regarding the amount of dowry, there is also no limit to the smallest size of the dowry. This becomes interesting when the size of the dowry is then questioned. The fact in society is that for women who determine a dowry not in a large amount, then the woman will be considered good, on the other hand women will be underestimated if they are judged to determine their dowry in a large amount. What should be seen is the substance of the dowry, apart from being a form of respect and exaltation, the dowry must begin to be seen as a long-term investment, meaning that if it is needed later, with the wife's permission, the dowry can be used together in accordance with the provisions of syara'.
Pembagian Waris Receptie Exit: Tinjauan Kritis Terhadap Pemikiran Hazairin anggoro, sandiko yudho; Lahuri, Setiawan Bin; Zarkasyi, Muhammad Ridlo
Istinbath : Jurnal Hukum Vol 19 No 02 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4698

Abstract

Hazairin as master on Indonesian’s traditions law proffer a device for implementing Islamic law by introduce receptie exit theory. He said, an Islamic inheritance law is not only hegemonized by Indonesian culture, but also by Arab culture which has a patrilineal system. Furthemore, he explained that the Islamic inheritance law does not interpret the Qur'an justice which is actually bilateral. So Hazairin created a new concept regarding of inheritance law. The purpose of this study is to explain that the Islamic inheritance is accordance with the Qur'an. Islamic inheritance law has a universal justice, because it’s inculde theological, maslahah, social and economic aspects. Thus, Hazairin’s concept does not only criticize of ulama ideas, In fact he deconstructs Islamic inheritance law where he negates ashaba, abolishes dzawu al-arḥam, and reconstructs the concept of hijab.
Implementasi Corporate Social Responsibility PT. Sarana Multigriya Finansial Dalam Mendukung SDGs Menurut Maqashid Syariah Fitri. S, Aufa Saffanah; Dewi, Gemala
Istinbath : Jurnal Hukum Vol 19 No 02 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4725

Abstract

Abstract Corporate Social Responsibility (CSR) is often understood as a social activity (charity), charity fund program, or revolving fund. CSR is a company obligation that is regulated in-laws and related regulations guided by ISO 26000. In this case, the author reviews the link between SDGs and the implementation of the CSR or CSR program of PT. Sarana Multigriya Financial (Persero) according to maqashid sharia. The research method used in this research is the empirical-juridical research method, with a maqashid sharia research approach. The results of the study show that the CSR or CSR programs run by SMF, namely Homestay Financing, House Development in Slums, and Social Programs are not only profit-oriented and philanthropic activities, but also carry the concept of sustainable development (SDGs) from upstream to downstream. The impact is the alignment of the implementation of the CSR program or CSR SMF with maqashid sharia, namely protecting religion, soul, mind, property, and offspring. Keywords: Corporate Social Responsibility (CSR), ISO 26000, SDGs, Maqashid Syariah Abstrak Tanggung Jawab Sosial Perusahaan atau Corporate Social Responsibility (CSR) seringkali dipahami sebagai kegiatan sosial (charity), program dana belas kasihan ataupun dana bergulir. Padahal, CSR merupakan sebuah kewajiban perusahaan yang diatur dalam undang-undang, peraturan terkait, dan berpedoman pada ISO 26000. Dalam hal ini penulis meninjau kaitan SDGs dengan implementasi program TJSL atau CSR PT. Sarana Multigriya Finansial (Persero) menurut maqashid syariah. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian yuridis empiris, dengan pendekatan penelitian maqashid syariah. Adapun hasil penelitian menunjukkan bahwa program TJSL atau CSR yang dijalankan oleh SMF yakni Pembiayaan Homestay, Pengembangan Rumah di Daerah Kumuh dan Program Sosial tidak hanya sekedar profit oriented dan aktivitas filantropi, namun juga mengusung konsep pembangunan berkelanjutan (SDGs) dari hulu ke hilir. Dampaknya adalah keselarasan penerapan program TJSL atau CSR SMF dengan maqashid syariah yaitu melindungi agama, jiwa, pikiran, harta dan keturunan. Kata kunci: Corporate Social Responsibility (CSR), ISO 26000, SDGs, Maqashid Syariah
Harmonisasi Hukum Di Indonesia Dalam Perspektif Teori Hukum Pembangunan Kriswanto, Kriswanto
Istinbath : Jurnal Hukum Vol 19 No 01 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4763

Abstract

Law is one of the instruments needed to facilitate various social developments. Law is an important thing in the process of community development, especially for countries that identify law as a written rule. This paper is a normative juridical research, with data sources on primary legal materials and secondary legal materials. The results show that the harmonization of law in Indonesia is marked by a simplification in the formation of laws through the omnibus law/omnibus bill method, with the existence of this omnibus law, several regulations can be simplified into one law. So that the regulations can be simpler and can answer many aspects of the legal needs of the community. So the researcher assumes that the harmonization of laws carried out by the government, in order to simplify regulations and meet the needs of the community, is very much in accordance with the Legal Development Theory which is still relevant to be used as a guide and guide for Harmonization of Law in Indonesia. .
Mediasi Desa: Upaya Berhukum dengan Kearifan Lokal mustaqim, mustaqim
Istinbath : Jurnal Hukum Vol 19 No 01 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4772

Abstract

Village mediation as an effort to resolve disputes is an important thing for the community to do. This is because mediation in rural communities emphasizes the harmonization of society and the values of local wisdom. This research is oriented towards explaining the importance of reviving mediation practices at the village level which aims to maintain community harmonization and how to formulate the right law to revive mediation practices at the village level. This research is a juridical-normative research that seeks to analyze legal issues with primary, secondary, and non-legal materials. The results of the study indicate that efforts and urgency to revive dispute resolution through mediation from the village head need to be carried out because there is an essence of moral values and maintaining harmonization in society. The legal formulation to revive the practice of mediation at the village level is to optimize Lawrence M. Friedman's theory of the legal system which includes: substance, structure, and legal culture
Klausula Eksonerasi Dalam Bisnis Perspektif Hukum Progresif Kurniawan, I Gede Agus
Istinbath : Jurnal Hukum Vol 19 No 02 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4784

Abstract

Exoneration clause using progressive law. This research is normative legal research with a doctrinal approach, while the legal materials used are primary legal materials, secondary legal materials, and non-legal materials. The discussion show that the essence of the exoneration clause is the unilateral desire of one of the parties in the business process, therefore it is necessary to implement the principle of proportionality to achieve balance in the agreement. In addition, from a progressive legal perspective, the dignity of the parties in a business relationship is important for assessing an exoneration clause.
Efektivitas Aturan Batas Minimal Usia Perkawinan Dalam Meminimalisir Permohonan Dispensasi Kawin Di Pengadilan Agama Tulab, Tali
Istinbath : Jurnal Hukum Vol 19 No 01 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4792

Abstract

One of the problems that never met the solution is the number of cases of underage marriage that occur in Indonesia. Even after there is a Law that regulates the minimum age of marriage is also considered to still have loopholes that can be utilized, that is, the community can still apply for marriage dispensation to the relevant Court. So this study focuses on the opinion of judges regarding the effectiveness of article 7 of Law No.16 of 2019 which determines the minimum limit that a person can hold a marriage in the Demak Class IB Religious Court. This research is a qualitative type with data search techniques through interviews with judges and documents. This study also compiled data on marriage dispensation applications before the enactment of Law No.16 of 2019 and after in the Demak Class IB Religious Court. As we know that Law No.16 of 2019 is a change from Law No.1 of 1974 on marriage which regulates the minimum age of marriage, where previously it was 19 years for men and 16 years for women then changed to 19 years for men and women. The purpose of enacting Law No.16 of 2019 is to minimize early marriage in Indonesia. But this is contrary to the data of marriage dispensation applications at the Demak Class IB Religious Court. That is, since the enactment of this regulation, the application for marriage dispensation in the Class IB Demak Religious Court has increased. This shows that this regulation is less effective in suppressing the practice of early marriage in Indonesia.
Bisnis Pariwisata Halal Bagi Keluarga Muslim Di Indonesia Dalam Perspektif Maqashid Al-Syari’ah Al Kautsar, Izzy
Istinbath : Jurnal Hukum Vol 19 No 01 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4811

Abstract

The tourism sector based on Islamic values ​​or called halal tourism is a new breakthrough. This sector is projected to be a method and way for Muslim travelers to travel. This is based on the tourism sector which will not run out of time due to the flexible nature of the tourism industry. Consumer protection. This study uses a normative research method with a statutory and conceptual approach. The results of this study are; 1) consumption preferences tend to benefit and harm the goods and services consumed so that goods that are beneficial are preferred over those that have no benefits and those that are harmful need to be avoided or far away do not need to be used as consumption choices in the family. 2) The concept of sharia tourism contains proper morals and character, represented by Islamic values ​​from sharia tourism products and services, in carrying out tourist trips not only aiming to enjoy the occasion but must be based on 5 things, including; efforts to protect religion, efforts to protect intelligence and reason, efforts to protect life, protection of wealth; and protection for offspring. 3) The Consumer Protection Law is an alternative law that practically seeks to protect the rights of tourists including the implementation of Islamic teachings, product and service safety, product and service clarity, choice of needs, and state guarantees in order to obtain sharia tourism products and services in accordance with the provisions principles of sharia tourism implementation.
Perkembangan Bisnis Pariwisata Syariah Dalam Perspektif Maqashid Al-Syariah Al Kautsar, Izzy; Muhammad, Danang Wahyu; Lestari, Ahdiana Yuni
Istinbath : Jurnal Hukum Vol 19 No 02 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4812

Abstract

The tourism sector based on Islamic values ​​or called halal tourism is a new breakthrough. This sector is projected to be a method and way for Muslim travelers to travel. This is based on the tourism sector which will not run out of time due to the flexible nature of the tourism industry. Consumer protection. This study uses a normative research method with a statutory and conceptual approach. The results of this study are; 1) consumption preferences tend to benefit and harm the goods and services consumed so that goods that are beneficial are preferred over those that have no benefits and those that are harmful need to be avoided or far away do not need to be used as consumption choices in the family. 2) The concept of sharia tourism contains proper morals and character, represented by Islamic values ​​from sharia tourism products and services, in carrying out tourist trips not only aiming to enjoy the occasion but must be based on 5 things, including; efforts to protect religion, efforts to protect intelligence and reason, efforts to protect life, protection of wealth; and protection for offspring. 3) The Consumer Protection Law is an alternative law that practically seeks to protect the rights of tourists including the implementation of Islamic teachings, product and service safety, product and service clarity, choice of needs, and state guarantees in order to obtain sharia tourism products and services in accordance with the provisions principles of sharia tourism implementation.
Reasoning Ecological Fatwas: The Progressive Response of the Indonesian Ulema Council (MUI) to the Phenomenon of Climate Change in Indonesia Mufid, Moh.
Istinbath : Jurnal Hukum Vol 20 No 02 (2023): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v20i02.4824

Abstract

This article aims to discuss the epistemological footing of MUI's ecological fatwa and its contribution in responding to the phenomenon of climate change. Today's environmental crisis is no longer a threat to the earth, but has become a reality. Climate change that occurs on a national and global scale leaves a negative impact on the lives of the earth's inhabitants. One of the causes of the environmental crisis is the attitude of humans who are not friendly to the environment. Humans as God's ambassadors on earth are arbitrary in utilizing the potential of natural resources destructively and exploitatively. Therefore, guidance is needed for Muslims in their interactions with the surrounding environment. MUI as a religious authority has contributed in overcoming the environmental crisis and climate change. The ecological fatwas issued by MUI are expected to be able to change the attitude and behavior of Muslims to become environmentally aware (eco-literacy). Epistemologically, MUI's environmentally friendly fatwas are based on maqāṣid sharī'ah reasoning through maslahat-mafsadat analysis. The approach used in finding the value of the spirit of environmental conservation is based on naṣ qaṭ'ī, qaulī and manhajī methods. These three sources of knowledge are formulated in an environmentally friendly fatwa product as a response to the environmental crisis that has become a global discourse today. Thus, MUI's fatwa can function as a tool of social control and a tool of social engineering at the same time.

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