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Al-Istinbath: Jurnal Hukum Islam
Published by Institut Agama Islam Negeri Curup
ISSN : 25483374     EISSN : 25483382     DOI : http://dx.doi.org/10.29240/jhi
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific works related to thoughts or studies in the field of Islamic law and actualize and add to the treasure of a better understanding of Islamic law through the publication of articles and research reports. Al-Istinbath : Jurnal Hukum Islam is published twice in a year, on May and November. This journal is published by the Institut Agama Islam Negeri (IAIN) Curup in partnership with Asosiasi Dosen Hukum Keluarga Islam (ADHKI) Indonesia, download MoU here. This journal is projected as a media, sphere, and dessemination of scholars studies on islamic law issues. Indeed, Al-Istinbath invites all of participant—scholars and researchers to submit their best-papers, and publish it in Al-Istinbath : Jurnal Hukum Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol 10 No 1 (2025)" : 20 Documents clear
Eco-Theological Insights on The Sasi Tradition: Analyzing Environmental Ethics and Sanctions Through Fiqh al-Bi'ah and Islamic Criminal Law Haq, Islamul; L, Sudirman; Amiruddin, Muhammad Majdy
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.9412

Abstract

Environmental preservation is a crucial issue that continues to receive attention, especially amid growing concerns about environmental degradation caused by human activities. This study aims to examine the implementation of the sasi mechanism by the people of Negeri Iha, Seram Island, and Ambon and to analyze the cultural significance of the sasi system regarding the concepts of Fiqh al-Bi'ah and Islamic criminal law. Using an empirical approach with qualitative methods, this research explores how the sasi mechanism contributes to community welfare and its relevance to Fiqh al-Bi'ah. The findings reveal that the implementation of the sasi tradition is managed by customary institutions with the authority to determine when sasi is enforced or lifted. There are two forms of traditional natural resource management in Negeri Iha: sasi laut (marine sasi) and sasi darat (land sasi). The study also shows that the sasi tradition's rules, goals, and punishments are similar to those in Fiqh al-Bi'ah. Both try to get the most suitable things done while doing the least environmental harm. Furthermore, violations of the sasi tradition are subject to customary sanctions, including physical punishment, fines, or spiritual consequences, such as the belief that violations could bring curses or illness as divine retribution. This research provides valuable insights into the harmony between the sasi tradition and the principles of Fiqh al-Bi'ah in preserving nature and maintaining the balance between humans and their environment.
Understanding The Rise of Childfree Marriage: Avoiding Toxic Family, Being Happy and Well Without Children Despite Contradiction With Maqashid al-Sharia Harahap, Ikhwanuddin; Siregar, Fatahuddin Aziz; Hariyanto, Erie
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.9984

Abstract

This research aims to understand the phenomenon of increasing childfree marriage as a contemporary social construction and analyze it from the perspective of maqashid al-sharia, especially related to the principle of progeny preservation in Islam. This study uses a descriptive qualitative approach with a field research method. Primary data was obtained through in-depth interviews with two married couples (four informants), each of whom committed to a child-free marriage. The data were analyzed thematically with an eminic and ethical approach, as well as interpretive-descriptive. Research has found that couples' decisions to marry without having children are based on a desire to achieve happiness and well-being throughout their life with their partner, as well as avoiding the creation of a toxic family. These internal factors are reinforced by external factors such as education, economy, and career. Research has also found that wives play a key role in these decisions regarding reproductive rights. From the perspective of Islamic law, although there is no explicit text prohibiting childfree marriage, maqashid al-sharia still emphasizes the importance of the sustainability of offspring. The childfree decision is a conscious choice of a married couple to pursue happiness and well-being without the presence of children, on the grounds of avoiding the potential for toxic families. In the Islamic view, childfree marriage falls within the territory of ijtihadiyyah which requires a legal approach based on maqashid al-sharia and 'illat analysis. Although this phenomenon is socially acceptable, normatively Islam still prioritizes the importance of offspring as part of the purpose of sharia.
Looking for Moderate Fiqh: The Thought of Mohammad Hashim Kamali on the Reformation of Rigidity and Inflexibility in Islamic Law Hefni, Wildani; Mustofa, Imam; Ahmadi, Rizqa
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.10694

Abstract

This article aims to examine Mohammad Hashim Kamali’s thoughts on the paradigm of moderate Islamic law (wasatiyyah), which emphasizes harmonious values and a humanistic approach as an integral part of maqasid al-shariah. The focus is on how Kamali’s moderate fiqh can address contemporary issues and offer an alternative to rigid, literal interpretations of Islamic law. This research employs a library research method, analyzing Kamali’s works and relevant literature to explore the foundations of his thought. A philosophical-normative analysis is used to discuss how Kamali’s ideas on moderate fiqh are rooted in the objectives of Islamic law (maqasid al-shariah) and how they align with contemporary needs for flexibility and human-centered legal reasoning. The study finds that Kamali proposes a reformation of Islamic law in response to the violence and rigidity fostered by formalistic legal understandings. His moderate fiqh, based on the principles of wasatiyyah, advocates for a balanced, context-sensitive approach to Islamic law that aligns with humanist values and social justice, all while upholding the core objectives of maqasid al-shariah. Kamali’s thought offers a significant contribution to the development of Islamic jurisprudence, proposing a moderate and adaptive legal framework that remains faithful to Islamic principles while responding to the complexities of the modern world. His approach can help reconcile traditional Islamic law with contemporary humanistic values, promoting peace, justice, and tolerance.
LEGAL REASONING BY JUDGES IN THE DECISION OF THE RELIGIOUS COURT IN THE DKI JAKARTA AREA REGARDING SHARIA FINANCING Supardin, Muhammad Ikhlas; Mubarok, Jaih; Muslimin, JM; Nasril, Muhammad; Amir, Rahma
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.10917

Abstract

This study aims to analyze the differences in Religious Court rulings on Sharia economic cases based on judges' ijtihad in interpreting and constructing laws. The legal interpretation conducted by judges represents ijtihad in uncovering legal solutions to Sharia economic issues found in Religious Court rulings in the DKI Jakarta region from 2016 to 2022. Judges’ ijtihad in legal discovery employs various methods or approaches, resulting in differences in rulings. The conceptual approaches utilized in this study include the statute approach and the case approach. The data sources for this research comprise Religious Court decisions in the DKI Jakarta region from 2016 to 2022 concerning Sharia economic cases, including murabahah, musyarakah, mudarabah, and istisna contracts. The data analysis technique employed in this research is descriptive qualitative analysis. The findings of this study demonstrate that judges’ ijtihad in legal discovery is grounded in statutory regulations and various relevant legal sources. Judges’ legal reasoning in examining, adjudicating, and delivering rulings applies different interpretative methods or approaches, leading to variations in rulings on similar Sharia economic cases. The ijtihad or legal reasoning methods used by judges are categorized into juridical interpretation methods, including grammatical, systematic, and authentic interpretations. Additionally, teleological interpretation is the sole legal reasoning method used by judges as a contextual approach, incorporating empirical evidence based on statutory provisions.
Wives with The Double Burden: Measuring Gender Justice in the Division of Joint Property of Suku Anak Dalam (SAD) Batin Sembilan Viewed from The Principle of al-Musāwah Mustika, Dian; Yaswirman, Yaswirman; Warman, Kurnia; Yasniwati, Yasniwati
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11023

Abstract

This research aims to analyze gender justice in the customary provisions of the division of joint property towards wives carrying the double burden in the Muslim community of Suku Anak Dalam (SAD) Batin Sembilan, Jambi, based on the principle of al-musāwah. The customary provisions of this community regulate the division formulation of joint property. Both husband and wife get half a share in the event of divorce or death of one of the parties. However, in reality, wives face the double burden today. In addition to being responsible for household affairs, wives are forced to work to earn a living due to their husbands neglecting their obligations. This research uses an empirical juridical approach. Data were collected through in-depth interviews and documentation. The informants in this research were the customary elders and some residents of SAD Batin Sembilan, while additional information was obtained from the Village Head. The data obtained were analyzed from the gender justice perspective using the principle of al-musāwah. The results showed that based on the principle of al-musāwah emphasizing equality and proportionality (tawāzun), the customary provisions on the joint property division for wives carrying the double burden have not fully promoted the values of gender equality and justice in Islam. On that basis, the joint property division should be added to the contribution/role of the husband and wife in producing marital assets. Thus, based on gender justice considerations, wives carrying the double burden are entitled to a more significant share of the joint property than husbands.
Portrait of Ulayat Land Conflicts in Minangkabau Customary Law Community: Alternative Resolutions Under Islamic Law Iswari, Fauzi; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11066

Abstract

This research aims to describe an overview of the existence of ulayat land in the Minangkabau customary law community, the characteristics of ulayat land conflicts that occur in the Minangkabau customary law community, and alternative solutions to conflict resolution of ulayat land in the Minangkabau customary law community according to Islamic law. This research is a normative legal research conducted using the comparative legal study approach method. The legal material used comes from library materials or secondary data, then the data is analysed qualitatively juridically. Based on the results of the research, it can be explained that the existence of ulayat land in customary law communities has been recognised in various laws and regulations. However, horizontal and vertical conflicts still occur in the community. Litigation settlement, it turns out, has not been able to bring justice to customary law communities. This is because the resolution of conflicts over ulayat rights tends to prioritise the aspect of formal legality alone. Therefore, in resolving various customary land conflicts that occur, it is a necessity for Minangkabau customary law communities that make Islam the only religion adopted to consider ways of dispute resolution based on Islamic law, such as through ishlah or peace. Thus, in the midst of legal pluralism that applies in Indonesia, in addition to State law, the provisions in Islamic law and customary law should also be used as a reference in resolving any ulayat land conflicts in the community.
Tradisi Hitung Waris dalam Walimatul ‘Ursy Masyarakat Melayu Yuliatin, Yuliatin; Nabilah Effendi, Ghina; Sibawaihi, Muhammad; Santri, Diah Dwi; Septia Utami, Henny
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11127

Abstract

The tradition of calculating inheritance in walimatul ‘ursy of Jambi Malay community is a social practice that regulates the recording of wedding donations as a form of debt that must be returned in the future. This tradition reflects a reciprocity system that aims to maintain the family's economic balance, but also creates a financial burden for the next generation. This study aims to analyse the tradition of inheritance calculation from the perspective of Maqāṣid al-Syarī'ah, to assess whether this practice is in accordance with the principles of justice and benefit in Islamic law. This research uses a qualitative approach with the method of sociology of Islamic law. Data were collected through in-depth interviews with traditional leaders, scholars, and people involved in this tradition, as well as participatory observation of the practice of calculating inheritance in weddings. Data analysis techniques included data reduction, data presentation, and conclusion drawing based on Maqāṣid al-Syarī'ah theory and Islamic economic principles related to qardh (debt and credit) and sadd al-dharī'ah (prevention of harm). The results show that although the tradition of calculating inheritance has positive aspects in strengthening social relations and helping to finance weddings, this practice also has the potential to create economic pressures that are not in accordance with the principles of Maqāṣid al-Syarī'ah, especially in the aspects of ḥifẓ al-māl (protection of property) and ḥifẓ al-nafs (protection of the soul). This tradition can cause intergenerational financial burden if it is not regulated with a more flexible and transparent mechanism. Therefore, it is necessary to reformulate the practice of inheritance calculation in order to maintain its social values without causing excessive economic burden for individuals and families.
Reconstruction of Online Gambling Sanctions in Indonesia: A Comparative Analysis of Ta'zir Sanctions and Penalties of the Electronic Information and Transaction Law Harahap, Zul Anwar Ajim
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11314

Abstract

The purpose of this study is to analyze and compare the effectiveness of sanctions under the ITE Law and jarimah ta'zir in addressing online gambling, and to explore how the integration of these approaches can create a more effective and comprehensive legal framework in Indonesia. This study employs a normative juridical method with an analytical approach to relevant laws and regulations, particularly the ITE Law and Qanun Jinayat in Aceh. Data were analyzed through a comparative evaluation of sanctions under the ITE Law and jarimah ta'zir, focusing on their effectiveness in tackling technological challenges, reducing recidivism, and creating social deterrence against online gambling. The findings reveal that the ITE Law, while effective in utilizing technological measures such as website blocking and account monitoring, faces limitations in providing a permanent deterrent due to the adaptability of gambling networks through VPNs, cryptocurrency, and domain migration. On the other hand, jarimah ta'zir, as implemented in Aceh, demonstrates significant success in reducing online gambling cases, with a recorded 35% decrease in cases in 2022, and a 10.53% decrease in overall criminal cases in Aceh Jaya in 2024 compared to 2023, primarily due to public punishments like caning, which create stronger social stigma and moral deterrence. Furthermore, the rehabilitative aspect of jarimah ta'zir offers a complementary approach to the punitive nature of the ITE Law, addressing the underlying causes of gambling behavior.
Syariatisasi yang Tidak Konsisten: Penegakkan Prinsip Hukum Ekonomi Syariah pada Lembaga Keuangan Syariah Non Bank Rizal; Ifelda Nengsih; Chitra Indah Sari; Riska Fauziah Hayati; Sri Mutia
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11508

Abstract

This article aims to explain the inconsistency of Baitul Maal Wa Tamwil (abbreviated as BMT) in implementing Sharia principles. This is a case study research with an empirical legal approach which was conducted in LKMS BMT Almabruk Inc. (BMT Almabruk) of Tanah Datar Regency and BMT Al Fattah of Solok City. Data were obtained through interviews with BMT management and related documents from BMT. The result of study showed that firstly, Sharia compliance in fund distribution contract in the form of murabahah was divided into two: murabahah through cooperation with partners and murabahah with a wakalah contract. In the first model, Sharia implementation in Murabahah was consistent, meanwhile it was inconsistent in the second one. Similarly, it still contained the elements of usury in determining its administrative costs. Second, Sharia compliance in the fund collection contract appears to be inconsistent in mudharabah savings. Third, Sharia Supervisory Board at BMT Almabruk had been consistent in monitoring Sharia principles. On the other hand, the performance of BMT Al Fattah had been inconsistent in monitoring the Sharia principles themselves. Based on the results of the study, a new scheme needs to be found for BMT to be consistent with the principles of Sharia economic law, for instance, administrative costs are used as unit costs which are included in the acquisition cost; the implementation of Sadd adz-Dzariah concept in the merger of two contracts; the implementation of Murabahah contract is carried out only after the Wakalah contract is fully completed or the goods have become the property of  BMT; and the Mudharabah contract which applies to savings that can be withdrawn at any time is replaced by Hajj savings or Umrah savings that have a fixed term.
The Dilemma of Joint Property (Gono-gini) in Multi-Ethnic Marriage Communities in North Sulawesi Salma, Salma; Alwi, Baso Mufti; Hasan, Faradila; Karim Hammad, Hamza Abed Al
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11802

Abstract

Implementing marriage agreements in multi-ethnic communities presents complexities, particularly in harmonizing Islamic, customary, and favorable laws. The gap in understanding the concept of Syirkah Al-milk in classical fiqh and modern practice, as well as the lack of comprehensive studies on the implementation of marriage agreements in multi-ethnic areas such as North Sulawesi, creates an urgency to explore this phenomenon further. This study aims to analyze the implementation of marriage agreements from the perspective of Syirkah Al-milk and its dynamics in North Sulawesi's multi-ethnic communities. The study employed a qualitative approach with a multisite case study design across seven religious court institutions. Researchers collected data through semi-structured interviews with judges, religious figures, and traditional leaders, as well as non-participant observation and document analysis. They validated the data using method triangulation, member checking, and peer debriefing. The study found a significant gap between the concept of Syirkah Al-milk in Islamic law and its practice in society. Religious court judges face challenges harmonizing Syirkah principles with socio-cultural realities, particularly in recognizing non-financial contributions within marriage. Constitutional Court Decision No. 69/PUU-XII/2015 provides new flexibility in line with the principle of maslahah in implementing marriage agreements. The study concludes that a holistic approach integrating Sharia values, customary law, and positive law is necessary to develop a more adaptive marriage agreement system. Continuous efforts are required to increase public understanding of Syirkah Al-milk concepts and the benefits of marriage agreements.

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