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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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Bersiul Sebagai Bentuk Kekerasan Seksual: Nalar Sadd al-Żarī’ah Dalam Hukum Positif di Indonesia Setiaji, Muhammad Ikhsan
Al-Qisthu Vol 21 No 2 (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.v21i2.2578

Abstract

Whistling, initially regarded as a harmless personal expression, has evolved over time to be considered a form of sexual violence in specific legal and interpretative contexts. Consequently, Indonesian law has incorporated this activity as one manifestation of sexual violence. This article aims to provide an analysis and elucidation of legislative regulations pertaining to sexual violence, which includes whistling as a form thereof, utilizing the sadd al-dzari’ah or preventive logic approach. Employing a document analysis methodology, the study focuses on Law Number 12 of 2022, Minister of Education and Culture Regulation Number 30 of 2021, and Minister of Religious Affairs Regulation Number 73 of 2022 as its study objects. The research reveals that the inclusion of whistling as a form of sexual violence in legislative regulations is substantiated not only by various social facts but also by the presence of preventive reasoning within sadd al-dzari’ah. This suggests that whistling is perceived to potentially lead to more serious offenses, both in terms of fostering a continuous inclination to engage in such behavior and escalating its frequency and intensity, as well as instigating a profound sense of intimidation and serious degradation for the victims.
Poligami dalam Pemikiran K.H. Hussein Muhammad Zulfikri, Zulfikri; Nurhidayatullah, Ahmad Syawal
Al-Qisthu Vol 21 No 2 (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.v21i2.2583

Abstract

When viewed from a historical perspective, marriage existed and was carried out before the arrival of Islam. However, it is known that marriages carried out before Islam tended to be more towards political reasons not based on love, impressed because of the power factor so that at that time men could have more than one wife, dozens or even unlimited. The culture of marriage for men who have more than one wife is known as polygamy. Historically, the culture of pre-Islamic polygamy was carried out by ancient civilizations so that the Arabian peninsula, especially the Middle East, was not the main propagator of the polygamous tradition, which is often embedded. Therefore, one of the prominent scholars, namely KH. Husain Muhammad described in his writings that the tradition of polygamy was not a tradition that originated in Islam. Formulation of the problem of how to analyze polygamy related to non-Islamic traditions according to KH. Husein Muhammad and why KH. Husein Muhammad is of the view that polygamy is not an Islamic tradition? The research method used is qualitative research of the type of literature study, the approach used is a historical approach related to Islamic studies, this research is descriptive-analytical with the object of research being polygamy not Islamic tradition. The research results conclude that the culture of polygamy didn’t originate from Islam, because pre-Islamic polygamy in practice seemed misogynistic and tended to dehumanize after Islam arrived. Polygamy improved this situation with the main principles of justice and prioritizing women's rights.
Fiqh Siyasah Examination of the Dynamics of Implementation of Presidential Regulations on Covid-19 Vaccination in Pelalawan Regency, Riau Yufriadi, Ferdi; Syahriani, Fadilla
Al-Qisthu Vol 21 No 2 (2023): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

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

Abstract

The COVID-19 vaccination program in Indonesia experiences various dynamics depending on the socio-cultural conditions of each region, and within this context, dynamics in urban areas are crucial as they represent the acceptance, understanding, and implementation of vaccination within a diverse and multicultural society. This research aims to examine how beliefs, social and economic conditions, and the role of religious institutions influence the urban community's acceptance of the COVID-19 vaccination program scheduled by the central government and implemented by local authorities. This study is a field research conducted in Pangkalan Kerinci Sub-district, Pelalawan Regency, Riau, Indonesia. Data were collected through interviews, observations, and documentation. The study indicates that the implementation of vaccination by local authorities reflects a harmonization between religious principles, public policies, and the socio-economic conditions of the community. This highlights the importance of health policies being aligned with the ethical foundations and religious principles embraced by the local community, which can serve as a strategy to address common challenges encountered in vaccination efforts across various locations.
Kontribusi Mediator Nonhakim dalam Penyelesaian Konflik Rumah Tangga Darmawan, Aldy Darmawan; Elfia, Elfia; Zulfan, Zulfan
Al-Qisthu Vol 21 No 2 (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.v21i2.2970

Abstract

The success rate of mediation conducted by non-judge mediators at the Class 1A Religious Court in Padang is higher than that of mediation conducted by judges. In 2022, out of 54 cases successfully mediated, 17 were mediated by judges, while 37 were mediated by non-judge mediators. This article aims to explain how non-judge mediators contribute to case mediation. Using interview techniques and document studies, this research reveals that the presence of non-judge mediators has provided an alternative mediation model in the Religious Court amidst the generally low national success rate of mediation in religious courts. As a result, the success rate of mediation has continuously increased year by year at the Class 1A Religious Court in Padang, with the highest success rate among non-judge mediators. During the mediation process, non-judge mediators focus more on providing advice and counsel on psychological aspects rather than rational aspects, allowing the reasons for divorce presented in the parties' petitions to be considered with feelings and conscience rather than purely rational thoughts that tend to push them towards divorce.
Analisis Yuridis Putusan Hakim dalam Kasus Perceraian dengan Alasan Murtad Rahmi, Nailur
Al-Qisthu Vol 21 No 2 (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.v21i2.3007

Abstract

The compilation of Islamic law has already stipulated that apostasy can be one of the grounds for divorce. However, in 2012, the Supreme Court of the Republic of Indonesia affirmed the decision of the Semarang Religious Court, which granted a divorce to a married couple, one of whom had apostatized. This affirmation was based not solely on proving continuous irreconcilable disputes but also disregarded the fact of the wife's apostasy. This article aims to provide an analysis of the case, emphasizing that the Supreme Court's decision could serve as jurisprudence for subsequent judicial rulings. The research employs a judicial case study approach, utilizing data from the Semarang Religious Court's decision Number 1449/Pdt.G/2011/PA.Sm, the Semarang Religious High Court's decision Number 043/Pdt.G/2012/PTA.Smg, and the Supreme Court's decision Number 742 K/AG/2012. The study indicates that the Supreme Court's affirmation of the Religious Court's decision is not a contradiction to the norms outlined in the Compilation of Islamic Law or Islamic jurisprudence. Rather, it aims to ensure the fulfillment of women's rights during and after the divorce process, such as past livelihood, mut'ah, and iddah allowances.
Anomali Fatwa Majelis Ulama Indonesia dalam Sistem Hukum Indonesia: Telaah Hukum Responsif Achmad, Dirga; Thamrin, Azlan
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.v22i1.3011

Abstract

As an independent social organization, the Indonesian Council of Ulama (MUI) provides facultative religious opinions. However, the psychological response of society often elevates these opinions or fatwas beyond mere guidance, with many being formalized by the government into legislation, particularly in the fields of Islamic economics and finance. This article aims to elucidate the role of MUI fatwas within the social fabric and collective consciousness of Indonesian society, which is formally regulated by its own legal system. Employing a normative-empirical approach, this study finds that the MUI, as a social organization, is more accurately categorized as a Quasi NGO (Quango) rather than a typical NGO. MUI fatwas are not part of Indonesia's binding legal system; they are instead responsive, recommendatory, and facultative. Nonetheless, MUI fatwas play a significant role in regulating various aspects of Muslim community life, especially in the domains of muamalah, such as halal product certification, Islamic economics, and Islamic banking.
Maqashid Syariah dalam Perlindungan Hukum terhadap Korban Prostitusi Online di Jawa Tengah Subeno, Handoyo; Surbakti, Natangsa; Iksan, Muchamad
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.v22i1.3092

Abstract

This study delves into the legal protection afforded to women who are This study investigates the legal protection aspects for women victims of online prostitution and the Islamic legal perspective on such cases. The research employs a mixed-methods approach, combining legislative analysis and case studies from the PPA Unit of Subdirectorate IV/Renakta, Ditreskrimum, Central Java Police. The study reveals a need for legal certainty in protecting women victims of online prostitution, as current criminal laws do not target the users of such services. Existing legal instruments only address pimps and commercial sex workers. Legal protection is formulated through regulations and sanctions, including preventive and repressive approaches. Challenges include limited compliance by perpetrators, insufficient attention from law enforcement officers, and a lack of investigative knowledge in handling these cases. Proposed solutions encompass restitution, rehabilitation, repatriation, and social reintegration. From an Islamic legal perspective, victim protection refers to the concept of restitution, as articulated through diat and al-gharamah al-maaliyah.
Moderasi Fatwa: Telaah Kritis atas Keputusan Fatwa Majelis Ulama Indonesia Provinsi Jambi tentang Pengalihan Harta Wakaf Sibawaihi, Muhammad; Yuliatin, Yuliatin; Naziro, Naziro
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.v22i1.3223

Abstract

In 2021, the Indonesian Council of Ulama (MUI) of Jambi Province issued a fatwa permitting the transfer, exchange, or alteration of waqf assets to enhance their value and utility. This stands in contrast to the Shafi’i school of thought, which is predominantly followed by Muslims in Indonesia, where such actions are generally discouraged. This study aims to explore the legal methodology employed by the MUI of Jambi Province and to elucidate the principles of religious moderation inherent in their decision. The research utilizes a case study design, relying on interview data from MUI officials and document analysis of the issued fatwa and other relevant materials. The findings indicate that, although this fatwa initially appears to contradict the Shafi’i doctrine, it is procedurally sound, employing the methodologies of bayani, ta’lili, and istishlahi. Substantively, it aligns with the Quran, Hadith, and the views of both classical and contemporary scholars, strongly supporting the principle of public interest (maslahah). Moreover, the fatwa reflects significant aspects of religious moderation, particularly inclusivity, respect for tradition, and adaptability to social change.
Fiqh Muamalah Review of The Kali Lubang Tutuik Lubang System in Farm Labor Wages Putri, Siska Elasta; Wahyudi, Syafri; Nofialdi, Nofialdi
Al-Qisthu Vol 19 No 2 (2021): 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.v19i2.3621

Abstract

This paper examines the practice of remuneration of farm laborers with the kali lubang tutuik lubang system in the perspective of fiqh muamalah. This research uses qualitative method with descriptive research type. This research was conducted in Nagari Lawang Mandahiling, Tanah Datar Regency, West Sumatra. The data in this study consisted of primary data and secondary data. Data were analyzed using interactive model of analysis, starting from data collection, data reduction, data presentation, and drawing conclusions. This research shows that the wage contract with the kali lubang tutuik lubang system is in the form of a speech containing an agreement about the type of work, place, and time of work. Wages are not paid directly by the land owner on the first day, but on the second day or when the worker gets a second job from the same person. If there is no work on the second day or other work, wages will be deferred one week from the last day of work. According to the fiqh muamalah review, wages with this system are legal, because from a legal point of view, the contract has met the terms and conditions. Both parties also understand that the system has been going on for a long time. However, from an ethical aspect, such a wage system contains demages, because it contains elements of neglecting the payment of wages.
Dua Fatwa untuk Toleransi Beragama: Relasi Muslim dan Nonmuslim dalam Perspektif Nahdhatul Ulama Huda, Nur; Alfi, Ahmad Musonnif; Arafah, Nawal Nur
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.v22i2.3656

Abstract

The increasing religious intolerance in Indonesia in recent years has prompted various responses from religious authorities, including Nahdlatul Ulama (NU). One of NU's efforts to address this phenomenon is through fatwas issued by the Forum Bahtsul Masail Kyai Muda Anshor (2017) and Bahtsul Masail Maudhu’iyah at the National Conference (Munas) of NU (2019), which emphasize the principle of religious tolerance, particularly concerning non-Muslim leadership and the status of non-Muslims in Muslim-majority societies. This study focuses on analyzing these two fatwas using a qualitative method through discourse analysis and interviews with key figures involved in their formulation. The findings indicate that NU fatwas not only serve as Islamic legal guidelines but also function as instruments of social reconciliation in plural societies. These fatwas offer a more inclusive and contextualized Islamic perspective, reaffirm NU’s commitment to national principles, and demonstrate that religious authority plays a crucial role in shaping tolerance discourse amid Indonesia’s socio-political dynamics. Furthermore, this study reveals that the production and reception of fatwas are influenced by social and political factors, underscoring the importance of understanding how fatwas are utilized in shaping public opinion.

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