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Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Published by Institut Agama Islam Negeri Kerinci
ISSN : 18581099     EISSN : 26543559     DOI : https://doi.org/10.32694/qst.v20i1.1140
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum is a peer-reviewed scientific open access journal. The subject covers textual and fieldwork studies with various perspectives of law, philosophy, mysticism, history, art, theology, and many more. In the beginning the journal only served as a scholarly forum for the lecturers and professors at the State Institute of Islamic Studies. However, due to the later development with a broader readership, the journal has successfully invited scholars and researchers outside the Institute to contribute. The primary topics will publish in this journal is 1. Islamic family law; 2. Islamic criminal law; 3. Islamic political law; 4. Islamic economic law; 5. Islamic astronomy (falak studies).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 178 Documents
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Conservatism of Islamic Legal Arguments in Granting Marriage Dispensation at the Indonesian Religious Courts Mhd Yazid
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 21 No. 1 (2023): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v21i1.2489

Abstract

This article discusses additional legal arguments used by judges in granting proposals for marriage dispensation at the Religious Courts. The article is based on the fact that many of these cases were granted by judges at the Religious Courts in the midst of child protection initiated by the state through Law no. 16 of 2019. This research discusses additional arguments used by judges in several Religious Courts in Indonesia in considering the best interest for children in marriage dispensation decisions. The data in this article was collected from judges' decisions regarding marriage dispensation in 2022. Using a legal philosophy approach, this article finds that additional arguments are a very decisive part for judges in granting marriage dispensation. In other words, the judge cannot grant a marriage dispensation without additional arguments. Among these arguments are the principles of fiqh, the Qur'an or interpretation, hadith, fiqh, and social conditions.
Cerai Talak dengan Alasan Virginitas dalam Tinjauan Hukum Islam dan Feminisme Lewi Ana
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 2 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v20i2.1713

Abstract

This article is intended to explain the views of Islamic law and feminism on the phenomenon of divorce on the grounds that his wife was not a virgin from the start of her marriage. This research uses a doctrinal legal research approach as well as jurisprudence feminism. Data sources related to doctrinal legal research are in the form of Islamic legal norms contained in the treasures of fiqh, as well as fiqh which has been made into positive law in the form of the Marriage Law and Compilation of Islamic Law. The data source for the feminist jurisprudence approach is in the form of observations on the phenomenon of the rise of divorce cases in the Religious Courts on the grounds that the wife was not virgin before marriage. The results of the study show that there are similarities and differences in Islamic law and feminism in terms of virginity. In terms of similarities, both of them view that virginity is not always measured by the integrity of the hymen, but it is necessary to distinguish between sexual and non-sexual factors. However, from the other side, Islam views that a husband has the right to know about his wife's virginity from the start of marriage, whereas according to feminism a wife has the right to keep this secret. Divorce on the grounds of virginity can already meet the legal-formal fair criteria, but not morally.
The Formulation of Good Governance Fiqh for Indonesia as a Welfare State Muhammad Solikhudin; Moh. Zainullah
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 2 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v20i2.1718

Abstract

This study departs from the fact that fiqh, which is the religious guideline for Muslims, does not yet contain specific formulations of good governance that are relevant and increasingly needed in today's state life, especially for Indonesian moslem. This study is intended to identify the principles of good governance and formulate them by looking at their relevance to Indonesia in the context of the welfare state. For that purpose, this study uses the documentation method by collecting and interpreting qualitative data from fiqh books, the 1945 Constitution, and relevant laws and regulations in Indonesia. This study shows that in fiqh books that contain discussions or allude to citizenship and state administration, there are principles of deliberation, justice, welfare, and mutual benefit. These principles can be formulated as good governance fiqh that is relevant to Indonesia which contains the principles of legal certainty, legal urgency, and legal universality. Legal certainty includes accountability and justice. The legal urgency includes aspects of transparency and professionalism. While the universality aspect of law is in the form of guaranteeing general welfare and mutual benefit.
Kewarisan Beda Agama dalam Putusan-Putusan Hakim di Indonesia Arif Zunzul Maizal; Yusnita Eva; Syaiful Marwan
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 2 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v20i2.1927

Abstract

This study aims to examine cases of inheritance from different religions that have been decided by the Religious Courts, High Religious Courts, and the Supreme Court in Indonesia. Inheritance from different religions can be classified into inheritance from Muslim heirs to non-Muslim heirs and inheritance from non-Muslim heirs to Muslim heirs. This study uses a judicial case study approach by examining five decisions, consisting of two religious court decisions, two cassation decisions, and one Supreme Court jurisprudence. This study shows that in cases of inheritance from non-Muslim heirs to Muslim heirs, religious court judges allow Muslim heirs to receive inheritance. This is in line with the opinion of some fiqh scholars who allow such provisions. Meanwhile, in cases of inheritance of Muslim heirs to non-Muslim heirs, judges at the religious court, high court, and the Supreme Court did not decide this case as an inheritance, but as a mandatory wasiat, so that the provisions prohibiting a Muslim from inheriting a non-Muslim were still obeyed by these judges. while the relationship between the heir and the heir is maintained because the heir still receives the heir's inheritance. The formulation of this obligatory will does not conflict with the opinion of the clergy, because there are no religious requirements in wasiat.
Respon Ulama dan Dokter terhadap Hukuman Kebiri Kimia Bagi Pelaku Pedofilia Ali Minanto; Elfia Elfia
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 2 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v20i2.2291

Abstract

This study is intended to see the response of moslim scholar and doctors to the article on chemical castration in The Child Protection Law in Indonesia. Muslim scholars and doctors are considered to represent the two main groups responding to that law. In this case, moslim scholar responds from the legal side, while the doctor responds from the application side. This study uses a socio-legal approach in looking at the urgency of the chemical castration and the community's response to it. Data was collected through interviews, observation and document study. This study shows that the article on chemical castration had indeed received a rejection response from various groups, including religious scholars and doctors. This study shows that the moslim scholar basically do not reject, but just state that this type of chemical castration is not found in Islamic legal literature. However, scholars still agree with the implementation of this punishment because it can be categorized as ta'zir. As for the response from doctors, it is hoped that the executors of this punishment will not be from them, because it would be contrary to the doctor's code of ethics, but from those usually assigned by the state for this purpose. Hence, the response from the clergy and doctors who were previously considered to be opposed could be compromised and lead to the common maslahah.
Dimensi Maqasid Syariah dalam Putusan Hakim Atas Perkara Cerai Gugat di Pengadilan Agama Jayapura Muhammad Adiem; Husnul Yaqin; Moh. Wahib; Athoillah Islamy
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 2 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v20i2.2373

Abstract

This study is intended to look at the dimensions of maqashid sharia in the judge's decision at the Jayapura Religious Court. This aspect of maqasid sharia is important to look at considering that so far there has often been an assumption that judges' decisions in religious courts in Indonesia do not take this aspect into account. This study is a normative-empirical legal study with the type of judicial case study. The data source for this research is the judge's decision at the Jayapura Religious Court number 297/Pdt.G/2021/PA.Jpr. This study shows that the judge's decision at the Jayapura Religious Court already contains maqashid sharia values from the perspective of Jasser Auda. This can be seen from the broad scope of the judge's considerations which not only look at the formal and administrative aspects, but also the systemic implications for the parties, so that the fact of a fight is not only seen as a fight, but also has a negative impact on the physical and mental health of the parties. Likewise, the judge saw the fact of negligence towards the husband's responsibilities in the scope of the life of his wife and children in the future.
Wakalah bi al-Istitsmar dalam Mekanisme Penghimpunan Dana di Lembaga Keuangan Syariah Mhd. Rasidin; Muhamad Izazi Nurjaman; Anas Bayan Mubarok; Raid Alghani
Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Vol. 20 No. 2 (2022): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v20i2.2383

Abstract

This study is intended to examine the fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) regarding Fundraising under the Wakalah bi al-Istismar Agreement which provides greater opportunities for Islamic financial institutions in Indonesia in raising and managing capital. This study uses a document approach by using the DSN-MUI fatwa Number 152 of 2022 as the main source, and analyzed using a qualitative approach. This study shows that the DSN-MUI fatwa has provided additional options for savings and deposit products in Islamic financial institutions, namely wakalah bi al-istismar. Thus, the level of customer needs which is a priority through the addition of various alternative contracts, is expected to be able to attract many customers, especially in the fundraising mechanism in Islamic banking. It's just that the use of the contract does not apply to all fundraising products, but only to certain products that have been determined.
Kondisi Mental Anak Pascapernikahan-Kembali Ibu Tunggal: Tinjauan Maqashid Syariah Liddinillah, Muhammad Yakhsyallah; Baihaqi, Yusuf; Al-Arif, Muhammad Yasin
Al-Qisthu Vol 22 No 2 (2024): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v22i2.4360

Abstract

The high divorce rate in Indonesia often has a significant impact on the mental well-being of children, particularly due to the absence of a father figure and emotional instability within the family. This study focuses on the impact of single mothers’ remarriage on children’s mental development from the perspective of maqāṣid al-sharīʿah. The primary issue explored is how the presence of a stepfather influences the emotional, social, and intellectual stability of children in post-divorce families. The study employs a qualitative approach with a phenomenological design, involving in-depth interviews with six single mothers who have remarried in Negararatu Village, South Lampung. The findings reveal that the presence of a stepfather positively contributes to the reinforcement of religious values (ḥifẓ ad-dīn), emotional well-being (ḥifẓ an-nafs), intellectual development (ḥifẓ al-‘aql), family relations (ḥifẓ an-naṣl), and economic stability (ḥifẓ al-māl). From the perspective of maqāṣid al-sharīʿah, remarriage not only strengthens family structure but also supports the psychological recovery of children after divorce. The novelty of this study lies in integrating the maqāṣid al-sharīʿah framework with the modern family context to explain the role of stepfathers in enhancing children’s mental well-being holistically.
Perubahan Regulasi tentang Penanaman Modal di Bidang Industri Minuman Beralkohol Perspektif Sadd al-Dzariah Sabila, Farahda Meitsa; Junaidi, Mohamad Hakim; Albana, Muhammad Abdur Rosyid
Al-Qisthu Vol 22 No 2 (2024): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v22i2.4407

Abstract

The government initially attempted to liberalize the alcoholic beverage industry by opening investment opportunities; however, public opposition prompted regulatory changes that ultimately closed investment in this sector. This study focuses on analyzing investment regulations in the alcoholic beverage industry from the perspective of sadd al-dzariah, aiming to evaluate the extent to which these regulations prevent harm. Employing a normative legal research method through document analysis, this study examines the regulatory shift from Presidential Regulation No. 10 of 2021 to Presidential Regulation No. 49 of 2021. The findings reveal that the liberalization of investment in this sector posed significant risks of moral and social degradation, while the regulatory amendments closing investment opportunities reflect preventive measures aligned with the sadd al-dzariah principle. This corrective action by the government underscores the relevance of Islamic legal principles in maintaining a balance between economic interests and public welfare in investment regulation policies.
Studi Komparatif Fatwa MUI dan LBMNU Jawa Timur tentang Kehalalan Karmin sebagai Bahan Tambahan Pangan Romadhoni, Faishal Akbar; Zakaria, Soni; Afianto, Ahda Bina
Al-Qisthu Vol 22 No 1 (2024): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v22i1.4448

Abstract

The differing opinions on the halal status of carmine between the Indonesian Ulema Council (MUI) and the East Java Bahtsul Masail Nahdlatul Ulama (LBMNU) have raised questions regarding the ijtihad methodologies employed by these two institutions. This study aims to examine the differences in methodology, legal reasoning, and Islamic jurisprudential approaches utilized by the two institutions in determining the halal status of carmine. The research employs a qualitative method with a descriptive-comparative approach, based on an analysis of fatwa documents and relevant literature. The findings indicate that MUI declares carmine halal through a tahqiqul manath approach, incorporating empirical research and considerations of utility, whereas LBMNU prohibits carmine using a textual approach that bases its decision on the impurity of insect carcasses according to the Syafi'i school of thought. These differences suggest that MUI adopts a more adaptive stance toward modern contexts by integrating scientific aspects, while LBMNU prioritizes preserving the tradition of the Syafi'i school. This study underscores the importance of balancing methodological flexibility and adherence to traditional jurisprudence in addressing contemporary challenges.

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