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Qisthosia
Published by Sekolah Tinggi Agama Islam Negeri Majene
ISSN : -     EISSN : 28081676     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
This Qisthosia: Jurnal Syariah dan Hukum intents to publish issues on law studies and practices in Indonesia covering several topics related to Islamic law, Islamic Law of Criminal, Islamic Law of Family, Islamic Economic Law, Social Community, Constitutional law, International Law, Environmental Law, Criminal Law, Private Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 6 No. 1 (2025)" : 8 Documents clear
Praktik Kawin Tangkap (Piti Rambang): Konflik Hukum Adat dengan Hukum Perkawinan Nasional dan Hukum Islam: The Practice of Captive Marriage (Piti Rambang): Conflict between Customary Law, National Marriage Law, and Islamic Law Wiwin; Auliah Ambarwati; Johamran Pransisto; Irwan Surya Darmawan; Irwan
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1469

Abstract

The practice of kawin tangkap is a traditional custom in Sumba in which a man or his family unilaterally abducts a woman to be married without her prior consent. This practice has sparked controversy due to its perceived violation of women's rights, while on the other hand, it is regarded by some as a part of customary law. This study aims to analyze the legal standing of the kawin tangkap practice from the perspective of Law No. 1 of 1974 on Marriage and Islamic law. The research employs a normative legal method with a statutory approach, analytical approach, and Islamic legal approach. The findings indicate that the practice of kawin tangkap is in conflict with Article 6 paragraph (1) of the Marriage Law, which explicitly requires the consent of both prospective spouses as a condition for a valid marriage. Consequently, a marriage conducted through kawin tangkap may be annulled pursuant to Article 22 of the Marriage Law. Furthermore, kawin tangkap contradicts Islamic law as it involves ikrah (coercion) in marriage, which is prohibited by Islamic principles and Article 16 paragraph (1) of the Compilation of Islamic Law. Although kawin tangkap is rooted in customary law, its enforcement cannot be legitimized as it violates Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia (which requires customary law to align with the principles of the Republic) and the theory of receptie a contrario (which mandates that customary law must conform to Islamic law).
Reinterpretasi Ḥifẓ an-Nasl menurut At-Ṭāhir bin ‘Āsyūr dan Relevansinya terhadap Konsep Ketahanan Keluarga: Reinterpretation of Ḥifẓ an-Nasl according to At-Ṭāhir bin ‘Āsyūr and its Relevance to the Concept of Family Resilience Alwan Subaki; Khafid, Khafid Abadi
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1489

Abstract

This article explores the reinterpretation of the concept of ḥifẓ an-nasl by contemporary maqāṣid scholar Muhammad At-Tahir bin ‘Ashur and its relevance to the development of family resilience. Unlike classical scholars who tend to view ḥifẓ an-nasl in a protective sense—mainly through the prohibition of adultery to safeguard lineage—Ibnu ‘Āshūr offers a more proactive and comprehensive approach. He incorporates aspects of education, economy, social well-being, and psychology as integral parts of lineage protection. This study employs a qualitative library research method using the maqāṣid asy-sharī‘ah framework. The findings indicate that the expanded concept of ḥifẓ an-nasl supports the strengthening of five key indicators of family resilience: family unity, physical resilience, economic stability, social cohesion, and psychological well-being. Thus, Ibnu ‘Āshūr’s thought provides a significant contribution to building families that are not only legally valid but also holistically strong and prosperous in the face of modern challenges.
Penyidikan Tindak Pidana Pembunuhan Berencana Yang Secara Kolekti: Studi Kasus di Polres Bengkulu Tengah: Investigation of Premeditated Murder as a Collective Crime: A Case Study at the Central Bengkulu Police Station Ela Darma Pertiwi; Alauddin; Rosmanila
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1506

Abstract

This article analyzes the investigation process of premeditated murder committed collectively within the jurisdiction of the Central Bengkulu Police Department. The study employs an empirical legal method with a socio-legal approach, relying on interviews with investigators, perpetrators, and victims’ families, as well as an examination of official documents. The findings reveal significant obstacles, including the perpetrators fleeing across regional boundaries, strong solidarity among the offenders, and the destruction of evidence. Investigators adopted cross-sectoral strategies and utilized forensic technology to overcome these challenges. This study emphasizes the importance of inter-agency coordination and an integrative approach in handling collective crimes.
Saadoe’ddin Djambek's Thoughts on Calculating the Beginning of the Hijri Month Marwadi, Marwadi; Mughni Labib
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1515

Abstract

The determination of the beginning of the Hijri month is important for Muslims as the basis for performing several religious rituals. There are two major schools of thought that are the source of debate in determining the beginning of the Hijri month, namely the rukyat school and the hisab school. Hisab is divided into hisab urfi and hisab hakiki. Hisab hakiki is further categorised into hisab hakiki taqribi, hisab hakiki tahqiqi, and hisab hakiki kontemporer. One of the data sources for hisab hakiki kontemporer is the Nautical Almanac, which was first developed in Indonesia by Saadoe’ddin Djambek as one of the innovators in hisab thought. One of the ideas proposed by Saadoe’ddin Djambek is the renewal of the calculation of the beginning of the Hijri month. This paper will discuss the calculation of the beginning of the Hijri month in Saadoe’ddin Djambek’s thinking. This research is a literature review with primary data sources from Saadoe’ddin Djambek’s writings and secondary data sources from other writings related to this theme. The data collection method involves documentation, with data analysis using content analysis techniques. The research indicates that Saadoe’ddin Djambek’s approach to calculating the beginning of the Hijri month is a contemporary method, and his data and methodologies play a significant role in determining the onset of the month. The theory of the calculation of the beginning of the month proposed by Saadoe’ddin Djambek provides a relatively new foundation for thinking about the calculation of the beginning of the month at that time, as it is derived from an integrated understanding between experts in calculation and experts in astronomy. Saadoe’ddin Djambek’s calculation method is among those whose accuracy is not significantly different from other methods of calculating the beginning of the month, such as the Ephemeris system. Therefore, this method remains viable for use despite being proposed in the 1970s.
Direksi Hakim atau Kepatuhan Hukum: Analisis Dasar Pertimbangan Putusan Bebas dalam Perkara Korupsi di Pengadilan Tipikor Bengkulu: Judicial Discretion or Legal Compliance: A Basic Analysis of Considerations for Acquittals in Corruption Cases at the Bengkulu Corruption Court Tari Corisa Ariani Putri; Alauddin; Ependi
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1541

Abstract

This research seeks to examine the basis of judicial reasoning behind the acquittal of defendants in corruption cases at the Bengkulu Corruption Court. The research employs an empirical legal approach using interviews, observation, and literature review techniques. hese problems underscore a disparity between normative legal standards and actual judicial practices, thereby impacting the effectiveness of anti-corruption initiatives at the regional level. hese problems underscore a disparity between normative legal standards and actual judicial practices, thereby impacting the effectiveness of anti-corruption initiatives at the regional level.. The challenges identified include a lack of independent witnesses, incorrect application of legal articles, and administrative irregularities during court proceedings. These problems underscore a disparity between normative legal standards and actual judicial practices, thereby impacting the effectiveness of anti-corruption initiatives at the regional level. The study recommends improving inter-agency coordination among law enforcement bodies and enhancing judicial capacity in handling corruption cases.
Perlindungan Konsumen Online Dalam Perspektif Maqāṣid al-sharī‘ah: Studi Sosio-Legal di Indonesia: Online Consumer Protection in the Perspective of Maqāṣid al-sharī‘ah: A Socio-Legal Study in Indonesia Herman, Herman; A Edeth Fuari Anatasya
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1552

Abstract

The digital economic transformation has massively expanded online transactions, yet it has also triggered various challenges concerning consumer protection. In this context, maqashid al-shari'ah offers a comprehensive philosophical framework for establishing fair and maslahah-oriented e-commerce regulations. This study aims to examine how the principles of maqashid al-shari'ah can serve as a foundation for formulating consumer protection regulations in online transactions through a socio-legal approach. The method used is normative legal research with a socio-legal approach, analyzing e-commerce regulations in Indonesia and interpreting them based on maqashid values such as hifz al-mal (protection of property), hifz al-nafs (protection of life), and hifz al-'aql (protection of intellect). The findings reveal that regulations based solely on a positivist approach have not optimally safeguarded consumers from risks such as fraud, data theft, and transactional injustices. Integrating maqashid al-shari'ah into e-commerce regulation enriches the protective dimension by embedding values of justice, welfare, and transparency, thereby strengthening consumer trust within the digital ecosystem. This study recommends the formation of regulations grounded in maqashid values and the need for legal reform based on a contextual understanding of the dynamics of digital society to achieve effective and equitable consumer protection.
Analisis Hukum Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi: Legal Analysis of Remission for Prisoners Convicted of Corruption Syah, syawal Amirul; Asrullah Dimas; Mirnayanti; Sri Hasrina; Inda Sari Palinrungi; Nur Akifah Janur
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1566

Abstract

This study aims to analyze the juridical aspects of granting remissions to prisoners convicted of corruption crimes, focusing on the legal requirements and their alignment with Indonesian law. The primary questions addressed include the conditions under which remissions are granted, particularly within a moratorium framework, and how these legal regulations synchronize with other relevant laws in Indonesia’s legal system. The research employs a normative legal methodology, reviewing relevant legal materials, theories, principles, and regulations related to the issue. The main findings reveal that the legal requirements for remissions are stipulated in several government regulations, with notable differences between criteria for ordinary and extraordinary crimes, specifically for corruption offenses where stricter conditions are applied, complicating prisoner eligibility. Additionally, legal inconsistencies exist because the moratorium on remission for corruption prisoners conflicts with constitutional provisions and human rights laws. The study emphasizes the urgent need to revise existing regulations to prevent unconstitutional policies, advocating that the government, especially the Ministry of Law and Human Rights, should adhere to principles of correctional principles and human rights in the formulation of policies regarding prisoner development. The results contribute to ongoing debates on legal reforms and the protection of human rights within Indonesia’s correctional system, highlighting the importance of harmonized legal frameworks that respect constitutional and human rights standards.
The Child's Civil Relationship under Indonesia's Compilation of Islamic Law: Reconciling Legal Legitimacy, Biological Paternity, and Guardianship Obligations Astuti, Widia; Sri Wahyuni Ningsi; Hamzah
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 6 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v6i1.1636

Abstract

This study analyzes the determination of a child's civil status (including lineage, inheritance, guardianship, and marriage) under the Compilation of Islamic Law (KHI), by identifying inconsistencies within its provisions. The analysis applies legal interpretation to specific articles of the KHI. Article 53 paragraph (1) of the Compilation of Islamic Law states that a woman who is pregnant outside of marriage may be married to the man who caused the pregnancy. However, from a linguistic perspective, the use of the word may in Article 53 paragraph (1) opens the possibility for interpretation that another man, not responsible for the pregnancy, may also marry the pregnant woman. As a consequence, a man who is not the biological father of the child may still acquire a civil legal relationship with the child due to his legal marriage to the mother. Although not the biological father, the man’s legal status toward the child born from his wife is recognized in civil law. This interpretation aligns with the Constitutional Court Decision Number 46/PUU-VIII/2010, which reinterprets Article 43 paragraph (1) of the Marriage Law. Furthermore, Article 53 paragraph (1) of the Compilation of Islamic Law opens new opportunities for the recognition of civil status of children born from unregistered marriages or from the marriage of a pregnant woman to a man who is not the biological father.

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