cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ayi Ishak Sholih Muchtar
Contact Email
jurnal.iaid@gmail.com
Phone
+6281224321779
Journal Mail Official
jurnal.iaid@gmail.com
Editorial Address
Fakultas Syari'ah Institut Agama Islam Darussalam (IAID) Jl. Kiai Ahmad Fadlil 2, Ciamis, Jawa Barat, Indonesia, 46271
Location
Kab. ciamis,
Jawa barat
INDONESIA
Istinbath: Jurnal Penelitian Hukum Islam
Published by Institut Agama Islam Darussalam Ciamis
ISSN : 19078064     EISSN : 28077520     DOI : https://doi.org/10.36667/istinbath
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Penelitian Hukum Islam Istinbath adalah jurnal ilmiah yang diterbitkan oleh Fakultas Syariah, Institut Agama Islam Darussalam (IAID) Ciamis Jawa Barat. Artikel-artikel ilmiah yang dimuat di jurnal ini adalah artikel hasil kajian pemikiran dan penelitian hukum Islam.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 51 Documents
 2   3   4   5   6 
ANALISIS GENDER PADA UNDANG-UNDANG NO. 1 TAHUN 1974 DAN KOMPILASI HUKUM ISLAM TENTANG HAK-HAK ISTRI Mustopa Kamal; Saepul Bahri
Istinbath | Jurnal Penelitian Hukum Islam Vol 13 No 1 (2018): Istinbath, Mei 2018
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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

Abstract

Understanding of gender review review on marriage rights and obligations in Marriage Act No. 1 of 1974 and Compilation of Islamic Law which is still gender biased. Articles relating to the rights and obligations of married couples in the Marriage Act No. 1 of 1974 and the Compilation of Islamic Laws, the dichotomy between public spaces and private spaces which consider them to have very different differences in certain matters which make women so low and illustrates that the ideal woman is a woman who is always hanging, consumptive nature that is always confined in the house. Certainly irrelevant to the condition of the nation that began to develop in a life view.
Penggantian Wali Nasab oleh Wali Hakim menurut Intruksi Presiden Nomor 1 Tahun 1991 Ahmad Nabil Atoilah; Ahmad Kamal
Istinbath | Jurnal Penelitian Hukum Islam Vol 15 No 1 (2020): Istinbath, Mei 2020
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v15i1.276

Abstract

The compilation of Islamic Law (KHI) article 19 states that "marriage guardian in marriage is a pillar that must be met for the prospective bride who acts to marry her". The marriage guardian consists of two, namely the guardian of the nasab and the judge's guardian. Wali nasab is a marriage guardian based on blood relation or kinship with the bride of the father's side. While the judge's guardian is a marriage guardian appointed by the Minister of Religious Affairs or an official appointed by him, who is given the right and authority to act as a guardian. Regarding the guardian, if the guardian is not present or does not want to marry a girl under her guardianship, her marriage guardian right falls to the judge's guardian.
PERAN SISTEM PERBANKAN SYARI’AH DALAM PENGEMBANGAN EKONOMI MIKRO DI INDONESIA Tazkiyah Ainul Qolbi
Istinbath | Jurnal Penelitian Hukum Islam Vol 12 No 2 (2017): Istinbath, November 2017
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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

Abstract

Sebagai komunitas Muslim terbesar di dunia, Indonesia optimis menerapkan ekonomi Islam sebagai salah satu sistem. Gejolak keuangan global sebelumnya telah membuat perhatian beralih pada model keuangan Islam, dan khususnya sistem Perbankan Syari’ah. Model ini menawarkan sistem keuangan mikro yang memungkinkan orang miskin untuk memenuhi kebutuhan keuangan mereka. Kebanyakan sistem perbankan kurang peduli tentang kesulitan yang mempengaruhi orang miskin karena mereka biasanya tidak memiliki agunan, menjadikan mereka investasi yang lebih beresiko. Dengan jumlah 98,9% industri mikro di Indonesia, hal ini merupakan kebutuhan mendesak untuk memfasilitasi perantara keuangan mereka. Sistem keuangan mikro Islam mengelola permintaan ini dengan menyediakan layanan keuangan skala kecil ke pasar yang lebih rendah dan miskin dengan memberi mereka fasilitas perbankan. Oleh karena itu keuangan mikro syariah membantu untuk mempertahankan inklusi keuangan sebagai upaya untuk sebagian besar masyarakat miskin yang memiliki kekurangan akses ke lembaga keuangan.
Pendapat Syaikh Nizhamuddin Al-Balkhi dalam Kitab Fatawa Al-Hindiyyah tentang Ittishal antara Ijab dan Kabul Akad Nikah Asep Koswara; Hasan Bisri; Ayi Ishak Sholih Muchtar
Istinbath | Jurnal Penelitian Hukum Islam Vol 14 No 2 (2019): Istinbath, November 2019
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v14i2.479

Abstract

Marriage is considered valid if it has fulfilled the terms and conditions of marriage. Among the pillars of marriage are the consent and kabul. Based on the law of origin, the ulama agreed that the consent came from the bride, while the Kabul came from the groom. However, in the matter of ittishal between the consent and the marriage contract, the scholars have different opinions. If there is no ittishal between the consent and the marriage ceremony, then the contract is still considered valid while it is still focused on the contract procession and not for a long time. The objectives of the research are, (1) knowing and analyzing the opinion of Shaykh Nizhamuddin Al-Balkhi about ittishal between consent and kabul in the marriage contract, (2) knowing the basis of the legal arguments used by Shaykh Nizhamuddin Al-Balkhi regarding ittishal between consent and kabul in the marriage contract, and (3) knowing the ijtihad method used in his istimbath al-hukminya. In this thesis research the writer uses qualitative research methods, namely research methods that produce descriptive data in the form of words or written utterances from people or observed behavior. This type of research is a research library. The results showed, 1) The law of ittishal between consent and the marriage of marriage according to Shaykh Nizhamuddin Al-Balkhi in the fatawa al-hindiyyah book that ittishal between ijab and kabul nikah is only fi majlisin wahidin. The ittishal of the marriage contract that is valid in Indonesia is regulated in the Islamic Law Compilation (KHI) in article 27: consent and kabul between the guardian and the prospective groom must be clear in sequence and not intermittent. 2) The legal basis used by Shaykh Nizhamuddin Al-Balkhi in the matter of ittishal between consent and kabul akad nikah, namely the hadith of the Prophet narrated by Abu Dawud. 3) The ijtihad method used by Shaykh Nizhamuddin Al-Balkhi is qiyas. Shaykh Nizhamuddin al-Balkhi confirmed that the marriage contract was one majlis but did not work with the marriage contract that was represented and in a different place with the condition that there must still be witnesses.
PERAN BP4 DALAM PEMBENTUKAN KELUARGA SAKINAH (Studi Analisis di KUA Kecamatan Ciamis Kabupaten Ciamis) Siti Ulfah; Pepe Iswanto
Istinbath | Jurnal Penelitian Hukum Islam Vol 13 No 2 (2018): Istinbath, November 2018
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

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

Abstract

The formation of a sakinah family is the essence of the purpose of marriage. The process of forming a sakinah family is not an easy thing, it needs sufficient knowledge, mental and material skills to build it. In addition, there needs to be support and participation from outside such as from related institutions, in this case BP4. The problems that arise are, first, what is the role of BP4 KUA in Ciamis District in forming sakinah families. Second, what are the obstacles for the Ciamis District BP4 KUA in forming a sakinah family. Third, what is the action of BP4 KUA Ciamis Subdistrict on the problems faced in forming a sakinah family. This research was conducted to determine the role of BP4 in forming sakinah families in KUA, Ciamis District, Ciamis Regency. Knowing the problems faced by BP4 in forming a sakinah family in KUA, Ciamis District, Ciamis Regency. Knowing BP4's actions in solving problems in the formation of sakinah families in KUA, Ciamis District, Ciamis Regency. The method used in this research is descriptive method, which is a research method that is directed to solve problems that occur at this time, by presenting the results of the research as they are. This is based on a study conducted by researchers, namely to describe the role of BP4 in forming a sakinah family. The conclusion of this study, the role of BP4 in forming a sakinah family is as follows, 1) The role of BP4 in forming a sakinah family will be felt by the community if it is not underestimated. As divorces are rampant, the role of BP4 in this case is very important, its performance must be improved again, so that the community can feel the existence of this institution. 2) The problem faced by BP4 Ciamis Subdistrict in implementing its programs to form a sakinah family is the lack of public understanding of the role of BP4 in the formation of a sakinah family. Socialization runs naturally, meaning that there is no special socialization about institutions. There are no binding rules for prospective brides in the form of sanctions if they do not carry out prenuptial guidance. 3) BP4 Ciamis Subdistrict's actions on the problems faced in the formation of the sakinah family in its implementation provide marriage guidance to prospective brides about marriage, thalak and referencing either individually or in groups. However, the role of BP4 in KUA Ciamis District has not been optimal because even though there is guidance or delivery of information about BP4 at the recitations of the t'alim assembly and related events, in this case there is no enthusiasm from the community. They feel that they have not benefited from the existence of BP4.
The Rights of Non-Muslims in an Islamic State Rudi Rudi; Yaman Suryaman
Istinbath | Jurnal Penelitian Hukum Islam Vol 15 No 2 (2020): Istinbath, November 2020
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v15i2.28

Abstract

This article seeks to examine the position and rights of non-Muslim citizens in an Islamic country. The study results found that non-Muslims are seen as citizens by an Islamic state, even though they are not natives of that country. Islamic justice and the principle of equality in Islam require that Christians, Hindus, Buddhists, Melanesians, Turks, or Arabs be treated the same as other citizens in their own country. He is entitled to enjoy the same privileges as a citizen regardless of religious affiliation.
Kesaksian Non Muslim dalam Perkara Perceraian menurut Pendapat Hakim di Pengadilan Agama Bandung Ahmad Nabil Atoilah; Bayu Alif Ahmad Yasin
Istinbath | Jurnal Penelitian Hukum Islam Vol 16 No 1 (2021): Istinbath, Mei 2021
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v16i1.282

Abstract

Islamic law one of the requirements to be a witness is Islam, but the Procedural Law of Religious Courts does not regulate the Islam of a witness. Terms of Islam are getting responses from various parties, especially the judges. The judge has his own opinion about the witness who must be Muslim, and that is different as formulated by the scholars. The issue of non-Muslim testimony in the case of divorce of judge opinion on the testimony of non-Muslims so that their testimony is accepted and declared valid as Islamic law which refers to Law no. 7 since 1989, since the enactment of the Law, the Procedural Law of Religious Courts is allowed to apply the procedural law applicable in the General Courts as the Law of the Program, namely HIR and R.Bg.
Hak Asuh Anak Akibat Perceraian dalam Pandangan Ulama Pedesaan Ila Nurmila; Azmi Azizah; Robi Awaludin
Istinbath | Jurnal Penelitian Hukum Islam Vol 15 No 1 (2020): Istinbath, Mei 2020
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v15i1.272

Abstract

One of the purposes of marriage is to form a sakinah, mawaddah, warahmah family. However, in the course of family life does not always run smoothly sometimes encounter obstacles, not infrequently the problems and disagreements between husband and wife ended in divorce. And divorce is a very bitter drug that is only used to treat household diseases that can not be maintained again so there is no drug other than a divorce that can cure it. Divorce can deliver the status of the child that becomes the obligation of husband or wife. The breakup of marriage due to divorce will result in various consequences, both for wife, husband, especially for children. Divorce raises questions about the continuity of education maintenance and the financing of children's needs. This condition is very interesting for a writer to know more about child custody as a result of divorce and how also according to the opinion of a cleric of Karangampel Village District of Baregbeg Regency of Ciamis.
Nafkah Bagi Istri Nusyûz Menurut Ibnu Hazm Ayi Ishak Sholih Muchtar; Entan Sutarso
Istinbath | Jurnal Penelitian Hukum Islam Vol 16 No 2 (2021): Istinbath, November 2021
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v16i2.284

Abstract

In Islam, marriage is a bond of promise that justifies each husband and wife. With the marriage, it causes the husband to have to provide for his wife in the form of a living, kiswah and a place to live. However, according to most scholars, the obligation to provide a living can sometimes be lost when a wife is nusyûz. However, the opinion of the majority of scholars is not in line with the opinion of Ibn Hazm which states that the husband is obliged to provide a living for his wife even though the wife is in a state of nusyûz. Ibn Hazm's opinion about the obligation to provide a living for the wife of Nusyûz is seen from the time the marriage contract was established, whether the husband invited him to live at home or not. Because as long as there is a husband and wife bond, during that time there is also the right to live without providing other conditions, and all of that is adjusted to the conditions and abilities of the husband.
Konsep Tathbîq dalam Pemikiran Hukum Islam Mutopa Kamal
Istinbath | Jurnal Penelitian Hukum Islam Vol 16 No 2 (2021): Istinbath, November 2021
Publisher : Fakultas Syari'ah | Institut Agama Islam Darussalam | IAID | Ciamis, Jawa Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36667/istinbath.v16i2.22

Abstract

This article attempts to describe and explore the dynamics of thought and the diversity of tathbîq Islamic law. The results of the search conducted by the author conclude that the dynamics of Islamic legal thought occurs because of the limitations of human ability to grasp the intent of Allah and His messenger. The results of this study indicate that the dynamics of Islamic legal thought occur because of the limited ability of humans to grasp the intentions of Allah and His Messenger. Therefore, continuous discussions need to be carried out in order to approach the ultimate truth and gain His pleasure. However, in history there have often been debates that tend to be unhealthy. Often appears in the debate, feeling that one's self is the best, feels that one's opinion is superior, and feels that one's sect or group is the most important. The results of this study recommend that Muslims channel their differences of opinion through mujâdalah bi al-ahsan in order to get Allah's pleasure in a tolerant frame. The diversity of legal tathbiq is an implication of the diversity of the mainstream and the internal perspectives of Muslims themselves.

Page 5 of 6 | Total Record : 51

 2   3   4   5   6 

Filter by Year

2017 2021


Reset
Filter By Issues
All Issue Vol 16 No 2 (2021): Istinbath, November 2021 Vol 16 No 1 (2021): Istinbath, Mei 2021 Vol 15 No 2 (2020): Istinbath, November 2020 Vol 15 No 1 (2020): Istinbath, Mei 2020 Vol 14 No 2 (2019): Istinbath, November 2019 Vol 14 No 1 (2019): Istinbath, Mei 2019 Vol 13 No 2 (2018): Istinbath, November 2018 Vol 13 No 1 (2018): Istinbath, Mei 2018 Vol 12 No 2 (2017): Istinbath, November 2017 Vol 12 No 1 (2017): Istinbath, Mei 2017