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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
Optimizing AI Technology in Assessing Islamic Financing Risks: A SWOT Analysis of Challenges and Opportunities from an Islamic Legal Perspective (Fiqh) Wazin, Wazin; Siti Patimah; Aan Ansori; Wasehudin
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.v10i1.11941

Abstract

This study aims to analyze the implementation of AI in Islamic financial risk assessment using a SWOT approach. The primary objective is to evaluate how AI can be integrated to enhance risk assessment effectiveness while ensuring compliance with Islamic legal principles (Fiqh), particularly the prohibition of Riba, the avoidance of Gharar, and the promotion of ethical transparency. A qualitative methodology with a descriptive analytical approach is employed in this research. Data sources include scholarly literature, regulatory policies, industry reports, and case studies related to AI adoption in Islamic finance. The analysis utilizes the IFAS and EFAS to assess internal and external factors influencing AI adoption. Additionally, an Islamic legal analysis is conducted to ensure that AI implementation aligns with Shariah principles. The findings reveal that AI has significant potential to enhance efficiency and innovation in Islamic finance. However, challenges such as infrastructure limitations and a lack of technological literacy pose obstacles to its implementation. From an external perspective, opportunities for financial inclusion and strategic technological partnerships are expanding, yet concerns regarding data security and regulatory uncertainties remain prevalent. From an Islamic legal standpoint, this study underscores the importance of developing an AI framework that adheres to Shariah principles. The adoption of AI in Islamic finance must follow a balanced approach by leveraging external opportunities, addressing internal challenges, and ensuring compliance with ethical and legal standards. This study offers strategic insights into AI integration within Islamic finance, contributing to its sustainability and global competitiveness.
Generation Z's Perception of Religious Tolerance and Implementing Islamic Law in Indonesia Aprilianto, Dwi; Aslamiyah, Siti Suwaibatul; Zahidi, Salman; Crisnasari, Nihaya Alifiya; Hidayatussholihah, Rahil
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.v10i1.11962

Abstract

This research discusses Generation Z's (Gen-Z's) views on religious tolerance and the application of Islamic law in Indonesia. Also, it explores their perceptions of interreligious social relations in Indonesia, especially in Eat Java Lamongan and Surabaya, opinions about non-Muslim leaders, the Islamic State of the Caliphate, and opinions about the implementation of Islamic law in Indonesia, such as hand cutting and the death penalty. The research method is interesting because it combines quantitative and qualitative methods with a phenomenological approach to understand the complexity of Gen-Z's understanding of this issue. The study began with a quantitative survey to obtain an overview of Gen-Z's tolerant attitudes in Lamongan and Surabaya. After a quantitative survey, in-depth interviews were conducted. The research results show that Gen-Z has a positive attitude towards diversity and tolerance. However, there are still some respondents who doubt or disagree, especially regarding the acceptance of non-Muslim leaders and the application of Islamic law. This research concludes the importance of inclusive education in building tolerance and supporting harmonious social relations in a multicultural society. The majority of Gen-Z are open-minded and make friends with non-Muslims because they are accustomed to interacting with friends of different religions. There is a balanced comparison between Gen-Z, who reject the implementation of Islamic law and all its instruments because they consider this a pluralistic country, and it is impossible to impose regulations or laws on one religion. Meanwhile, Gen-Z accepted it because they felt disappointed with many crimes, so they thought one solution was to apply Islamic law.
The Special Status of Papua in the New Format of Special Autonomy and the Concept of Regional Autonomy in the Perspective of Islamic Law Bauw, Lily
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.v10i1.12409

Abstract

This article examines the concept of Papua's specialness in the context of special autonomy, focusing on changes in format and its implementation in Papua Province. This study aims to analyze the implementation of the new format of special autonomy within the national legal framework and assess the conformity of the new format of special autonomy with the principles of Islamic law. Through the normative legal method, this article explores the legal aspects of Papua's special autonomy, including the authority given to the regional government, institutions, finances, including the rights of the Papuan people. This study uses primary and secondary legal sources, including laws and regulations, the Qur'an, Hadith, fatwas, and the views of scholars on regional autonomy in the context of Islam. And data is collected through documents and interviews. The findings of this study indicate that Papua's special autonomy provides space for regional governments in Papua Province to determine policies that are more in line with the needs of the community, but its implementation is still not optimal. From the perspective of Islamic Law, the concept of regional autonomy based on the principles of independence and justice is in line with special autonomy, namely in the management of power based on the principles of deliberation, avoiding exploitation, and maintaining the welfare of the people. The conclusion of this study is important to integrate the principles of Islamic Law within the framework of regional autonomy, in order to create a government that is more just, transparent, and in accordance with the religious and social values ​​that exist in society.
The Phenomenon Marriage is Scary: Causal Factors and Efforts Faced by Muslim Communities in Indonesia Sulfinadia, Hamda; Jurna Petri Roszi; Mega Puspita; A'zizil Fadli; A'inil Fadli
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.v10i1.12414

Abstract

This research focuses on the phenomenon marriage is scary that has become a phenomenon in Indonesia. Indonesian statistics show that the marriage rate is decreasing, and the divorce rate is increasing every year.  It was found that as many as 397 Muslims in Indonesia experienced marriage is scar. This may be one of the causes of the declining marriage rate every year.  This study aims to determine and analyze the causes of marriage is scary and explore the efforts made in the internal and external environment. This study is a qualitative research, primary data comes from respondents who experience marriage is scary, parents, traditional leaders and religious leaders, totaling 20 people. The findings of this study indicate that first, the causes of marriage is scary in Indonesian Muslim communities are economic factors (31.99%), customs and culture (15.62%), social media (6.8%), domestic violence (15.60%), social media (6.85) and other reasons (11.44%); Second, the efforts made to minimize the occurrence of marriage is scary in Indonesia are approaches and open communication with families, providing religious strengthening and understanding of marriage and strengthening local wisdom.
Legal Protection of Traditional Cultural Expressions in Aceh: A Comparative Legal Analysis of Islamic Law and Positive Law in Indonesia Nasrianti, Nasrianti; Sanusi, Sanusi; Azhari, Azhari; Ilyas, Ilyas
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.v10i1.12526

Abstract

This study aims to analyze the legal protection of traditional cultural expressions (TCEs) in Aceh through a comparative legal analysis of Islamic law and Indonesian copyright law. While TCEs play a crucial role in preserving cultural heritage, their legal protection remains insufficient due to regulatory inconsistencies and enforcement challenges. This research method used is normative juridical research. The primary data sources in this study include Law No. 28 of 2014 on Copyright, Law No. 11 of 2006 on Aceh Governance, and relevant Qanun in Aceh that govern the protection of cultural heritage and intellectual property. The data analysis was conducted through a comparative evaluation of Islamic law perspectives and positive law in Indonesia. The results of this study indicated that Indonesia's legal framework provides formal recognition of TCEs, yet lacks a robust enforcement mechanism. In contrast, Islamic law views TCEs as intellectual property that must be safeguarded under the principles of hifdz al-mal (protection of property) and maslahah mursalah (public welfare). Harmonizing these two legal perspectives is essential to establish a comprehensive and culturally sensitive legal framework. This study contributes to the discourse on intellectual property rights by integrating Islamic and Indonesian legal perspectives, offering a pathway for more effective legal protection of TCEs in Aceh.
Reevaluating Inheritance Distribution in Indonesia: The Role of Hibah as a Preventive Measure Bilalu, Naskur; Bukido, Rosdalina; Subeitan, Syahrul Mubarak; Zakariah, Asril Amirul
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.v10i1.12530

Abstract

This study examines the understanding of wealth distribution during the testator's lifetime under Article 187, paragraphs (1) and (2) of the Compilation of Islamic Law. The purpose is to understand the distribution of wealth during the testator's lifetime and the construction of the implementation of wealth distribution during the testator's lifetime as a legal option. This research employs a qualitative approach using juridical-normative methods. The data sources consist of articles in the Compilation of Islamic Law (KHI) that regulate Islamic law in Indonesia. The findings reveal that understanding wealth distribution during the testator's lifetime is a legal option based on two considerations: first, wealth distribution after the testator's death may lead to conflicts; second, it may cause unfairness among heirs. The construction of wealth distribution implementation involves three aspects: 1) verifying the estate of the deceased, 2) validating the expenses incurred by the testator, and 3) distributing wealth to the heirs through four legal options, namely: the testator and heirs agree to a settlement, the testator considers gifts previously given to the heirs as part of the inheritance, the testator revokes gifts previously given to their children, and the testator distributes the inheritance according to the provisions of inheritance law.
Examining Legislation and Enforcement Mechanisms to Combat International Human Trafficking from an Islamic Criminal Law Perspective Nameer Hashim Qasim; Said Salih Mohammed; Raad Fajer Ftayh; Mohammed Zuhair; Jassim Kadhi Kabrch
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.v10i1.12544

Abstract

This study aims to uncover the potential use of Islamic criminal law to strengthen anti-trafficking responses, assessing and evaluating the adequacy of existing legal responses. Human trafficking continues to be an alarming international problem, with global legal mechanisms not always ensuring effective law enforcement and victim protection. Even with national treaties and laws in place, differences in prosecution rates and lack of legal structures keep trafficking networks running. This study employs a mixed-methods approach by integrating legal analysis along with qualitative insights from both legal practitioners and trafficking survivors to highlight enforcement faults. It researches Fasad fil Arz (corruption on earth) versus Hadd (fixed punishments) principles and their capacity to improve deterrence and accountability. Through this research, we see how the rational and punitive nature of secular legal systems is balanced by Islamic criminal heritage by presenting the ideological, moralistic, and rehabilitation nature of Islamic law. The article recommends a hybrid legal model that integrates local Islamic principles and international standards to address enforcement inconsistencies and enhance protection for victims. It contends that the incorporation of Islamic legal mechanisms, such as the introduction of restitution and community-based regulation, can help address existing gaps in prosecution and survivors’ rehabilitation. It further emphasizes the need for cross-jurisdictional cooperation, legislative reform and strengthened institutional capacity for the effective countering of trafficking. This study thus adds to wider debates on how to strengthen anti-trafficking strategies through a holistic approach that brings together secular and Islamic legal traditions by calling for a more holistic legal framework. Also, underscores the necessity of integrating Islamic legal principles with international cooperation to create a robust and effective anti-trafficking strategy.
Effectiveness of Islamic Law in Protecting The Rights of The Child Amer Hadi Abdullah; Abdullah, Waleed Mohammed; Kazem Al-Bayati, Adnan Khalil; Husain Al-Obaidi, Bushra Salman; Khlaponina, Svitlana
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.v10i1.12586

Abstract

The article critically evaluates the success of Islamic Family Law in meeting its core goals of child protection and welfare, comparing its influence and execution to the CRC's worldwide standards. Islamic Family Law provides a comprehensive framework based on religious and cultural norms to protect children's rights. Despite its strong basic principles, Islamic Family Law's practical application and efficacy in safeguarding children's rights varies greatly among sociopolitical circumstances, echoing the issues experienced by the Convention on the Rights of the Child (CRC). A mixed-method approach was used, combining quantitative analyses of child welfare statistics from mostly Islamic nations with qualitative evaluations based on case studies, interviews with legal experts, and reviews of secondary literature. Key indices of child welfare and rights were monitored throughout time, with comparison studies showing the disparities in results across different national contexts. The statistics show that Islamic Family Law has resulted in major advances in child welfare in a number of nations, while the extent of application and success varies. The efficacy of these legislation is heavily determined by unique sociopolitical and economic circumstances. The incorporation of Islamic values has facilitated worldwide discourse and action, raised awareness and established a precedent for child safety. Islamic Family Law has made significant contributions to defining the agenda for children's rights in Islamic contexts, but its practical impact varies greatly. A personalized, context-specific strategy, together with ongoing monitoring and modification, is required to guarantee that its ideas are universally recognized and effectively applied.
Pengungkapan Konflik Keluarga di Media Sosial dalam Perspektif Hukum Islam: Menerapkan Prinsip Islah sebagai Solusi Resolusi Konflik Novita, Dwi; Sar’an, Mohamad; Ahmad Ridwansah, Asep; Suharyono, Suharyono; Ardiansyah, Hamdan
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.v10i1.12658

Abstract

This study examines the phenomenon of disclosure of family conflicts on social media from the perspective of Islamic law, with particular emphasis on the social and psychological effects and violations of sharia values. Qualitative research methods were used through the analysis of the texts of the Qur'an, Hadith, and Islamic legal literature, as well as case studies of viral conflicts on Instagram, Facebook, TikTok, and Twitter. The results showed that this practice contradicts the principles of ghibah (gossip), namimah (divisive gossip), and ifk (false accusations). These principles violate family privacy and the honor of al-'irdh as part of maqashid syaria. The spread of conflict in the digital public sphere causes greater problems, emotional distress, social stigma, and the separation of family relationships, as seen in viral inheritance, polygamy, and intergenerational conflicts. Solutions offered by Islamic law include the concept of islah, or reconciliation, which emphasizes digital ethics education, mediation by neutral parties, and closed conflict resolution. First, deliberation with good intentions, second, the application of the principle of forgiveness (al-'afw), third, raising awareness about the long-term impact of conflict exposure, and fourth, setting boundaries of privacy on social media. This study found that to maintain family harmony in the digital age, sharia-based ethics education and the principle of islah must be combined. The academic results enhance Islamic legal research on social media dynamics. On the other hand, the practical consequences offer guidelines for practitioners and families to resolve conflicts in a way that is in accordance with Islamic values. Strengthening digital literacy based on prudence and optimizing community-based mediation are two main recommendations.
Legal Perspectives on Leadership Transformation and Workforce Flexibility in Police Institutions: State and Islamic Law in the Digital Era Tinto Adi Nugraha; Nuri Herachwati; Fiona Niska Dinda Nadia; Prayogo, Fatma Merve
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.v10i1.12685

Abstract

Leadership transformation and workforce flexibility in police institutions have become crucial issues in the rapidly evolving digital era. This article examines the legal perspectives on leadership changes and workforce adaptation in police institutions based on state law and Islamic law. Using a normative juridical approach, this study explores how modern regulations and Islamic legal principles support leadership reform and workforce flexibility to enhance police effectiveness and professionalism. The findings indicate that state law provides a dynamic regulatory framework to support leadership transformation and workforce flexibility, while Islamic law offers ethical and justice-based leadership principles that strengthen institutional integrity. The implications of this study highlight the importance of synergy between state law and Islamic law in formulating police policies that are responsive to digitalization challenges and social changes. Thus, this study underscores that technology-based leadership transformation and workforce flexibility, when supported by clear regulations and strong legal principles, can enhance the professionalism and effectiveness of police institutions in carrying out their duties in the digital era.

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