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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 2 (2025)" : 20 Documents clear
Can Islamic Law and Secular Law Coexist Without Conflict Haider, Aftab; Mathlouthi, Naim; Saer Rahal, Mohamed; Afzal, Jamil
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.11331

Abstract

The coexistence of Islamic law and state legal systems presents significant challenges, especially in multicultural societies, where multiple legal systems intersect and influence governance, human rights, and societal integration. Despite significant interest in the concept of legal pluralism, there is still a lack of clarity on how these two legal frameworks can work together without causing conflicts, especially when it comes to issues like family law, human rights, and governance. Through a detailed comparison of case studies, legal texts, and real-life examples, the research identifies areas where these legal systems overlap and clash, particularly regarding gender equality, the protection of human rights, and jurisdictional conflicts. The study also looks at potential solutions, such as legal reforms and the creation of hybrid legal bodies that can help complement the two systems. The findings suggest that while there are significant challenges in balancing these systems, there are also opportunities for greater cooperation and understanding. This article emphasizes the importance of legal reforms, improved communication between legal authorities, and the creation of shared spaces where both legal systems can coexist more effectively. It aims to provide practical insights for legislators and legal practitioners to improve the way these legal frameworks work together, eventually promoting justice and social cohesion in multicultural societies
Reimagining Islamic Political Structures in Contemporary Muslim Societies: The Role of Global Networks and Transnational Movements Saif Saad Ahmed; Abdulsatar Shaker Salman; Ali Ghassan Ahmed Mohammed; Aida Apyshova; Aqeel Mahmood Jawad
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.13368

Abstract

This article offers a critical analysis of how transnational Islamic movements are changing the landscape of Islamic political thought by appropriating global digital networks for political participation, authority, and discourse. It examines how classical Islamic ideals—shūrā (consultation), ‘adl (justice), ummah (community) are reappropriated in modern forms of civic engagement and global governance. Implementing a multimethod approach that combines geospatial network mapping, thematic content analysis of political speech, sentiment analysis of digital exchange, and multivariate statistical modeling, the study is also a test of these two methods. Furthermore, survey tools were used to test ideological consistency and commitment to Islamic governance principles for a sample of five diaspora groups. Five transnational Islamic movements (without identification) were concurrently analyzed in perspective of ideological spread, operational organization, digital enthusiasm and user behavior. The results suggest that centralized religious authority has been replaced by digitally mediated ideological mobilization. Islamic political ideas are more and more inscribed into transnational discourses of justice, consultation and solidarity. Sites like Telegram and Twitter represent strategic spaces of ideological spread, and engagement on the Internet and with organizational structures are the strongest predictors of alignment with Islamic governance, according to a regression analysis. In the 21st century, Islamic political identity is being reconfigured through digital-enabled, decentralized and ideologically cohesive transamination networks. These structures constitute an adaptive development of Islamic government—rooted in the classical traditions yet responsive to the pluralistic, participatory and technological conditions of the realities of modern global politics.
Strengthening Ethical Responsibility in the Prosecutor's Office: A Comparative Study of Positive Law and Islamic Legal Principles Sugiarto, Windhu; Suparto Wijoyo; Mitra Uktutias, Sendy Ayu; Julian, Antoni
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.13123

Abstract

This study explores how ethical responsibility forms the foundation of Organizational Citizenship Behavior (OCB) within law enforcement institutions, using the Prosecutor's Office as a case study. Employing a qualitative approach, it integrates normative and sociological analyses through the dual perspectives of positive law and Islamic ethical principles. The findings indicate that ethical responsibility encompassing integrity, honesty, and a commitment to justice is essential in motivating prosecutors to go beyond formal obligations by engaging in OCB practices such as loyalty, collegial support, and personal initiative. From the standpoint of positive law, OCB enhances institutional effectiveness, while from the perspective of Islamic law, it reflects work ethics rooted in maqāṣid al-sharī‘ah, particularly in promoting justice and public welfare. The study concludes that reinforcing ethical values grounded in both positive law and Islamic teachings can improve professionalism and accountability within the Prosecutor’s Office, contributing to broader legal bureaucratic reform in Indonesia. The academic contribution of this research lies in its integration of universal ethical values and Sharia principles into the study of organizational behavior in the legal sector—an area traditionally dominated by administrative and legalistic paradigms. As such, the study offers a more contextualized and transdisciplinary ethical-normative approach to legal reform.
Fitnah in the Digital Age: Regulating Social Media Misuse Through Islamic Criminal Principles Omar Saad Ahmed; Hussein Ajlan Hasan; Sameer Dawood Salman Bazool; Aigul Mirzaeva; Oudha Yousif Salman Al-Musawi
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.13369

Abstract

The global dissemination of fitnah false allegations, vilification, and damaging speech has become even more pronounced with the advent of social media, creating an ethical and moral quandary in many Muslim (and other) societies. Although most countries have adopted some version of secular laws for the control of their digital space, there remains a clear deficiency in the application of an Islamic criminal law that protects individual honor and social harmony. The study looks at the possibility of adapting the Islamic criminal principles to govern the abuse of social media platforms with special reference to offences similar to qadhf, ghibah, buhtan and namimah. It seeks to offer a jurisprudential model that is in harmony with the current digital situation but is also acceptable with Islamic legal principles. The article applies a doctrinal legal methodology and statistical scrutiny of 155 digital crimes that have been reported. Data were analyzed based on five dimensions of analysis: legal response, severity index, harm likelihood, public concern, and variation with the Shari‘ah compliance. Validation of the framework was guided by advice from jurists and organized classification of types of offense. Differences in legal enforcement and popular reaction are dramatic, according to the findings. The most compliant with Islamic law was False Accusation and the least verdict was Defamation (despite being the most frequent). Both Religious Incitement and Digital Harassment showed high potential for harm but were somewhat underregulated. Community responses conformed to Islamic ethics and, in many instances, were more sensitive than institutional responses. Possibilities for an ethically sound regulation of digital offenses under Islamic criminal law. A hybrid model combining the worldview values of Shari‘ah provisions and digital technology may potentially favor justice, accountability and social harmony on digital platforms.
Fiqh Siyasa on War and Peace in Indonesia’s Post-Colonial Era: Analyzing Its Prospects and Challenges in the Sulawesi Region Adnan, Adnan; Maula, Bani Syarif; Harahap, Najhan Parluhutan
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.10304

Abstract

This research explores the interpretation and application of Fiqh Siyasa principles on war and peace by Islamist movements in Sulawesi, focusing on post-colonial dynamics and modern Indonesian reform. Fiqh Siyasa regulates state-citizen relations and interactions with non-Muslims, though its provisions on war and peace have limited contemporary application due to European colonialism and Western constitutionalism. The study traces the evolution of Fiqh Siyasa in Sulawesi, examining how local movements interpret these principles amid historical influences like colonial legacies, local rebellions, and conservative Islamic ideologies. Groups such as MIT, Mujahedeen KOMPAK, KPPSI, FKAWJ, MMI, FPI, and HTI exhibit diverse interpretations: some advocate for an Islamic state through dār al-Islam, while others promote coexistence by reinterpreting dār al-harb. These varied perspectives create a fragmented and context-dependent application of Fiqh Siyasa. The research contributes to understanding how global Islamic jurisprudential concepts adapt to regional realities, enriching discourse on Islam and state relations in modern Indonesia
Marriage Law Reform in Indonesia A Maqasid al-Usrah Perspective on Legal Adaptation Busriyanti, Busriyanti; Pujiono, Pujiono; Mursalim; Chamdan, Umar
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12739

Abstract

This study explores the reform of Indonesian marriage law through the lens of maqasid al-usrah, the family-centered objectives within Islamic legal theory. It critically assesses whether key legal reforms such as marriage registration, minimum age requirements, regulation of divorce, and prenuptial asset arrangements align with the ethical aims of Islamic family law, including the protection of lineage, dignity, justice, and family welfare. Employing a qualitative library research method, the paper draws on classical Islamic jurisprudence, statutory legal documents, court practices, and the analytical framework of Jamaluddin al-Athiyya. It finds that while Indonesian legislation increasingly incorporates maslahah (public benefit) and maqasid reasoning to justify reforms, the implementation often falls short due to bureaucratic barriers, legal pluralism, and social inequality. For instance, minimum age laws are undermined by widespread judicial dispensations, and formal protections for women are diluted by enduring patriarchal norms and unequal access to justice. The study argues that maqasid al-usrah has been invoked more as a justificatory narrative than as a fully operational legal method. It concludes that meaningful application of maqasid requires not only legal reform but also structural, procedural, and cultural transformation to ensure that laws genuinely promote justice, protect the vulnerable, and reflect the dynamic needs of Indonesian Muslim society. This research contributes to the growing discourse on maqasid-based legal reform and offers a practical framework for evaluating future policy developments in Islamic family law.
Islamic Judicial Activism in Determining Child Maintenance: Ex Officio Authority and Peaceful Settlement in Indonesian Religious Courts alamsyah, Alamsyah; Sukirman, Asrianti; Mukhlas, Oyo Sunaryo; Rosadi, Aden
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12755

Abstract

This article examines the construction of Islamic law in determining child support after divorce through two mechanisms in Indonesia’s Religious Courts: amicable settlement (ṣulḥ) and judges’ ex officio authority. Although both have a clear legal basis, their practice continues to face challenges: amicable settlements are often compromise-based without objective evaluation of children’s needs, while ex officio rulings tend to be more responsive but lack uniformity due to the absence of standardized guidelines. Employing a juridical-empirical approach with content analysis of four representative decisions from the Bintuhan and Manna Religious Courts (2023–2024), this study identifies the legal considerations applied, assesses the adequacy of child support amounts, and compares the effectiveness of both mechanisms. The findings reveal that amicable settlements frequently result in insufficient child support, whereas ex officio rulings better protect children’s interests yet remain inconsistent. By integrating the principle of maqāṣid al-syarī‘ah, particularly ḥifẓ al-nasl (protection of lineage), this research introduces the concept of Islamic judicial activism, which positions judges as proactive actors in ensuring the child’s best interests. Theoretically, the study enriches global Islamic legal discourse by proposing a maqāṣid-oriented adjudication model that bridges normative texts, socio-economic realities, and substantive justice. Practically, it recommends that the Supreme Court establish national guidelines for child support determination based on cost-of-living standards, enhance judges’ capacity, and strengthen monitoring mechanisms for enforcement. Thus, this study not only contributes to comparative family law scholarship but also offers an innovative normative model for child protection in Muslim jurisdictions.
Digitalization of Land Certification: Legal Perspectives from Islamic, Positive, and Administrative Law Anggriani, Jum; Noviarita, Heni; Said, Hasani Ahmad; M. Nainin, Dasrizal
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12921

Abstract

This research examines the digitalization of land certification from an integrative perspective between Islamic law, positive law, and state administration practices in Indonesia. Digital transformation in the land sector is a strategic urgency to address classic challenges such as agrarian conflicts, overlapping ownership, and administrative inefficiencies. However, the success of digitalization does not only depend on technical aspects, but also on the harmonization of the religious values ​​of society, especially those based on Islamic law and the formal legal system of the state. Through a normative juridical approach, this study explores the meeting points and potential conflicts between the principles of maqāṣid syarI'ah, the principles of Indonesia law as stated in the Basic Agrarian Regulations (UUPA) and its derivative regulations, as well as the principles of good governance in public administration. The results of the study indicate that digitalization can increase legal certainty and efficiency, but still faces challenges such as the gap in digital infrastructure, legal and technological literacy of the community, and disharmony in regulations related to proof of rights, inheritance, and waqf. This research offers a three-dimensional legal integration model as a conceptual solution to realize effective, inclusive, and equitable digitalization of land certification, and is in line with the diversity of social and cultural values ​​of the Indonesian people. This reesarch offers a multidisciplinary legal framework for digital land governance that bridges Islamic and secular law. It provides a model relevant for countries with plural legal systems or large Muslim populations, and serves as a reference for international agencies in formulating culturally responsive and legally coherent land digitalization policies.
Integrasi Hukum Islam dalam Kebijakan Pengelolaan Sumber Daya Alam: Mencapai Keberlanjutan dan Keadilan Sosial di Indonesia Susana, Lina Marlina; Tripalupi, Ramadhani Irma; Kholil, Suparman; Efendi, Nur; Sakinah, Gina
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.13038

Abstract

This study examines the integration of Islamic legal principles into Indonesia’s natural resource governance, with a particular focus on sustainability and social justice. The research is motivated by the exploitative and anthropocentric orientation of current policies, which neglect intergenerational equity and ecological justice. To address this gap, the study employs a normative-juridical method with a critical approach, analyzing law as a system of norms rather than merely as social practice. Sources include statutory laws such as the Minerba Law and Job Creation Law, relevant fatwas issued by the Indonesian Council of Ulama, as well as Qur’anic and Hadith texts interpreted through the framework of maqāṣid al-sharī‘ah. Case studies of deforestation in Kalimantan and mining conflicts in West Nusa Tenggara are presented to contextualize the neglect of Islamic values in environmental management. The findings reveal four structural problems: legal dualism between state law and Islamic ethics, weak institutionalization of sharia principles, sectoral fragmentation in governance, and centralization of authority that marginalizes indigenous communities. These issues contribute to the persistent neglect of maslahah, ‘adl, and environmental justice in public policy. The study proposes a maqāṣid-based reconstruction of legal norms through ijtihād maqāṣidī and taḥqīq al-manāṭ as methodological tools to realign governance with ethical and ecological imperatives. Recommendations include revising extractive laws, integrating environmental fatwas into statutory frameworks, strengthening participatory governance, and establishing a Maqāṣid Commission for ecological oversight. In conclusion, the research demonstrates that reconstructing Islamic law through maqāṣid not only fills the ethical gap in Indonesia’s regulatory system but also offers a transformative model for just, participatory, and sustainable environmental governance.
A Rhetorical-Legal Hermeneutic: Representations of Women in the Qur'an through Balaghah and Their Implications for Islamic Law Yasmar, Renti; Nurmala, Mia; Nurbayan, Yayan; Erlina, Erlina; Atikah, Tiara
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.11132

Abstract

This study addresses contested interpretations of women's status in Islamic law by innovatively applying Balaghah (Quranic rhetoric) to analyze gender representations in the Quran. Using rhetorical analysis of kalam khabari (declaratives), kalam insha'i (directives), and kinayah (metaphors), we systematically examine verses concerning inheritance, testimony, and women's rights. Our findings reveal that the Quran's linguistic structures consistently affirm gender equality, contradicting patriarchal readings - particularly through its deliberate use of rhetorical devices in key verses (e.g., Q 4:7, Q 2:282). The study's novelty lies in developing a Balaghah-based framework for Islamic feminist jurisprudence, demonstrating how Quranic rhetoric inherently safeguards women's dignity. This provides: (1) a new methodology for gender-sensitive Quranic exegesis, and (2) textual evidence for reforming patriarchal legal interpretations. These findings are significant for contemporary Muslim societies, offering a Quran-grounded approach to aligning Islamic law with gender justice principles.

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