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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 12 Documents
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Search results for , issue "Vol 11 No 1 (2026): In Press" : 12 Documents clear
TELAAH PENDAPAT IBN QAYYIM AL-ZAWJIYAH TENTANG HUKUM TAWAF BAGI WANITA HAID Yunarti, Sri; Dedi, Syarial
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.12677

Abstract

The aims in this study is to construct women's jurisprudence by examining Ibn Qayyim's ijtihad regarding the permissibility of menstruating women performing tawaf. This is very interesting because there are clear provisions in the texts (the Qur'an and hadith) that prohibit such practice. Tawaf must be performed in a state of purity, considering that the ritual is performed inside the mosque, while there is a prohibition on entering the mosque in conditions of major impurity. This clearly shows the conflict between the texts and the product of ijtihad. This paper is a normative research in the form of a study of figures and is classified as literature research, commonly called qualitative research, and is supported by the approaches of fiqh and ushul al-fiqh. The data used is secondary data. Data collection was carried out by reading books by the figures discussed, namely: A’lam al-Muwaqiin an rab al-‘Alamin, by including literature related to this issue. The data analysis is inductive, consisting of content analysis through data reduction, data display, and a conclusion. This study concludes that Ibn Qayyim's opinion, which permits women to perform tawaf during menstruation, does not negate sacred law or ignore the provisions of the texts and the opinions of scholars, but rather links the provisions of the texts with sharia principles. This line of thinking pays close attention to the social conditions of society. This legal fatwa is still relevant to practice and can save women from the risks of consuming period-delaying pills.
The Role of Digital Forensics as Qarinah Muasirah in Proving Cyber Offences Under Malaysian Islamic Evidence Law Tuan Ibrahim, Tuan Muhammad Faris Hamzi; Nasrul Hisyam Nor Muhamad; Mohamad Aniq Aiman Alias; Ahmad Syukran Baharuddin
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14738

Abstract

The rise of cybercrime cases such as online gambling (al-maysir) and zina through digital platforms poses an unprecedented challenge to the classical evidentiary structure in Islamic criminal law. Traditional evidentiary methods (wasail al-ithbat) such as iqrar and shahadah are increasingly difficult to apply, especially in digital crime cases without physical interaction or direct witnesses. As a response to this evidentiary gap, digital forensics, which is based on validated scientific procedures, offers a reliable approach through the process of identifying, preserving and analyzing digital evidence. This study aims to examine how this digital forensic method can be recognized and integrated within the framework of Islamic criminal law, specifically as a valid form of qarinah (circumstantial evidence) according to the principles of syariah evidence. This study uses a qualitative approach through document analysis that includes primary and secondary sources. Data were examined through qualitative content analysis using inductive approach. In addition, analogical reasoning was employed to bridge digital forensic evidence with classical concepts of qarinah derived from the Qur'an and hadith. This integrated approach allows for a critical synthesis between Islamic evidentiary principles and modern digital forensic methodologies. This study finds that digital evidence through forensic procedures is capable of providing strong evidentiary value within the framework of Islamic evidence law. These evidentiary forms conceptually correspond to the classical Islamic notions of qarinah through al-'alamat and al-amarat, which function as recognised indicators of criminal conduct. The findings also reveal that the logic underlying Locard’s Exchange Principle, which affirms that every action leaves a trace is not foreign to Islamic legal reasoning. In Malaysian legal system, The Syariah Court Evidence Act 1997 [Act 561] and Syariah Court Practice Directions issued by the Department of Syariah Judiciary Malaysia (JKSM) provide a normative basis for admitting digital evidence as means of proof. Relatively, the integration of digital forensics into the framework of Islamic evidence law upholds the dynamic capacity of the Syariah to uphold the maqasid Syariah. However, the study identifies notable procedural and institutional limitations where religious enforcement officers lack digital forensic expertise and existing directives such as the 2007 Standing Instruction and Practice Direction No. 4 of 2020 remain general, outdated and lack of technical or verification standards for digital evidence.
Legal Adaptation for Muslim Minorities: A Reconstruction of Fiqh al-Aqalliyyat through the Methodological Frameworks of Abdullah bin Bayyah and Muhammad Yusri Ibrahim Solikin, Nur; Syaiful Ahyar; Muhamad Zaenal Muttaqin; Mochamad Syaefudin; Hilmi Ridho
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.13028

Abstract

This article examines the reconstruction of fiqh al-aqalliyyat as a framework for legal adaptation addressing the complex socio-legal challenges faced by Muslim minorities in non-Muslim majority societies. It focuses on the methodological frameworks developed by Abdullah bin Bayyah and Muhammad Yusri Ibrahim, two prominent contemporary scholars whose works have significantly shaped minority jurisprudence. Employing a comparative doctrinal and analytical approach, this study examines their primary writings sinaʿat al-Fatwa wa Fiqh al-Aqalliyyat and Fiqh al-Nawazil li al-Aqalliyyat al-Muslimah to identify the epistemological foundations, legal reasoning patterns, and normative objectives underlying their approaches. The findings demonstrate a clear methodological divergence: Ibn Bayyah emphasizes maqāṣid al-shariʿah, tahqiq al-manat, and contextual legal reasoning rooted in the Maliki tradition to enable adaptive and purpose-oriented rulings, while Yusri Ibrahim adopts a more textualist and precedent-based framework within the Hanbali school, prioritizing juristic continuity and doctrinal restraint. This article argues that fiqh al-aqalliyyat should be understood not merely as a collection of legal concessions (rukhaṣ), but as a systematic methodological paradigm that negotiates normative fidelity and contextual responsiveness. By reframing minority fiqh through the lens of legal adaptation, this study contributes to contemporary debates on Islamic legal methodology, minority rights, and the future development of Islamic jurisprudence in pluralistic societies.
Cultural Pluralism and Islamic Legal Ethics: Reimagining Family Law for Interreligious Marriages in Banyumas Muchimah; Komalasari, Nunung; Fadhil , Rahmatul; Milki Aan; Humaira Ahmad
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14442

Abstract

This research explores the encounter between cultural pluralism and Islamic legal ethics within the context of interreligious marriage in Banyumas, Indonesia. Although there are formal legal and religious restrictions toward interfaith marriage, many couples in Banyumas continue to perform their respective religious rituals within shared domestic life. By utilizing a socio-legal approach and qualitative methods which included in-depth interviews, participant observation, as well as document analysis, this study focused attention on significant ritual moments such as marriage ceremonies, birth traditions, and death rites, because those moments constituted crucial arenas where religious norms, legal expectations, and cultural values intersected and were tangibly negotiated. The findings of the research indicate that cultural values such as rukun (harmony), tepa selira (mutual consideration), and cablaka (openness) play a central role in enabling peaceful coexistence and symbolic negotiation within those households. Rather than adhering rigidly to legal formalism, interreligious families rely upon adaptive ethical reasoning which is rooted in Islamic principles, particularly maqasid al-shari‘ah (the higher objectives of Islamic law). This research offers a rearticulated framework for family law which is inclusive, contextual, and responsive toward the realities of life within plural society. This study also proposes a dynamic model of Islamic legal ethics which integrates legal pluralism, human dignity, and protection of fundamental rights, as well as offers new pathways for legal reform within the context of multicultural society with Muslim majority.
Pendekatan Fusi dalam Pengadilan Islam Indonesia: Memadukan Prinsip-Prinsip Islam dengan Praktik Mediasi Keluarga Asia dalam Kasus Perceraian Wirdyaningsih; Maryam, Rini; Ayuni, Qurrata; Abdullah, Raihanah
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14848

Abstract

This study explores the role of mediators in Indonesia’s Islamic Courts, focusing on their unique integration of Islamic principles with Asian family mediation practices in divorce cases. Unlike the theoretical model of mediation, which emphasizes mediators as neutral facilitators without providing advice, mediators in Indonesia’s Islamic Courts adopt a distinctive approach. They incorporate Islamic values, often offering moral and religious guidance, while also drawing on Asian family-court traditions that prioritize familial harmony and community involvement. This study uses the qualitative framework to analyze divorce mediation approach in court and its dynamics in divorce cases. Moreover, observation and interview are methods that applied to get comprehensive picture in the mediation process such as the individual experiences of each party, the dynamics of the relationships between the parties and between the parties and the mediator, and the mediator's perspective on the case, the parties, and the resolution of the case. In-depth interviews were conducted with non-judge mediators and the disputing parties at the South Jakarta Religious Court.  This paper highlights how these mediators navigate cultural, religious, and legal dimensions to address divorce disputes. The findings reveal a fusion mediation model that challenges conventional Western approach  offering insights into culturally sensitive dispute resolution in Islamic legal contexts
Between Legal Formalism and Welfare Orientation: Maqāṣid-Based Analysis of Waqf Land Exchange Practices in Banyumas Supani; Enung Asmaya; Asrizal Saiin; Maulana Yusuf; Cecep Soleh Kurniawan
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.13941

Abstract

This study aims to examine the practice of waqf land exchange in Rempoah Village, Baturaden District, Banyumas Regency, and to analyze how such practice is implemented and justified within the framework of Maqāṣid al-Sharīʿah. While previous studies on waqf management have largely emphasized normative legal doctrines and textual interpretations, they have often overlooked the empirical realities and welfare-oriented considerations underlying waqf land exchange at the local level. This research seeks to fill that gap by investigating the socio-legal dynamics of waqf land exchange and assessing whether and how it aligns with the higher objectives of Islamic law. Employing a socio-legal field research approach grounded in Maqāṣid al-Sharīʿah, the study collected data through documentation, direct observation, and in-depth interviews with relevant stakeholders. The data were analyzed using descriptive-analytical methods, supported by triangulation techniques involving data reduction, data display, and conclusion drawing to ensure validity and reliability. The findings reveal that the waqf land exchange in Rempoah Village functions not merely as a formal administrative procedure, but as a welfare-oriented mechanism designed to optimize the social, economic, and functional benefits of waqf assets for the community. The practice reflects a contextual application of Islamic legal principles in which legal formalism interacts dynamically with considerations of public welfare. Academically, this case contributes to the development of Maqāṣid-based jurisprudence in the field of waqf by demonstrating that Maqāṣid al-Sharīʿah serves as an adaptive and responsive legal framework capable of addressing contemporary socio-economic challenges in waqf governance.
Dua Dekade Pembangkangan Sipil (Civil Disobedience) Masyarakat Agam: Menguak Akar Hukum, Religius, Kultural dalam Menolak Peraturan Pemerintah Taufik, Muhammad; Alfan Miko; Indraddin; Bob Alfiandi; Halim, Abdul
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14452

Abstract

This research analyses the sociological and normative lawfulness of the civil disobedience initiated by the Agam community against the implementation of Government Regulation (PP) No. 84 of 1999, examined through the dual lenses of Maqasid al-Shari’ah and sociolegal theory. Employing a sociolegal research framework, the study integrates a normative-doctrinal analysis of Islamic legal literature with empirical field investigations to deconstruct the occurring legal tensions in West Sumatra. The findings demonstrate that the resistance against the proliferation of Nagari territories does not constitute an act of rebellion (bughat); rather, it represents a form of mu’aradhah shar’iyyah (legitimate constitutional opposition) and an implementation of the principle of amr ma’ruf nahi munkar. State policies that potentially disenfranchise communal land sovereignty (ulayat) are found to contravene the Shari’ah principles of preserving communal property (hifz al-mal) and lineage (hifz al-nasl), thereby failing to satisfy the legal maxim that government policies must be predicated upon the welfare of the people (tasharruf al-imam manuthun bi al-maslahah). From the perspective of Shari’ah jurisprudence, this civil disobedience is justified as a mechanism for preventing harm (dar’u al-mafasid) caused by repressive centralized regulations. This study underscores the imperative of harmonizing the laws of the state, customs (adat), and Shari’ah to avert structural injustice within the framework of regional autonomy.
Rethinking Profit and Loss Sharing: Regulatory Paradoxes in Mudharabah Savings and the Operationalization of Maqasid al-Shariah Novida, Irma; Junarti, Junarti; Hidayatulloh; Hidayah, Nur; Maman, Ujang
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.11364

Abstract

This article examines the regulatory paradox in the governance of mudharabah savings in Indonesian Islamic banking, where the principle of profit-and-loss sharing (PLS), which is doctrinally based on risk sharing, operates within a regulatory architecture oriented towards risk control and depositor protection. The interaction between risk sharing based contractual rationality and risk containment based prudential regimes raises structural questions about whether PLS still functions as a substantive governance paradigm, or primarily as a formal legal category in a stability oriented financial regime. This study aims to identify the mudharabah regulatory framework and analyze it through the principle of hifz mal in maqasid sharia as a systemic evaluation instrument for consistency between the normative objectives of Islamic finance and its supervisory mechanisms. The study uses a normative-empirical legal design. The primary data consists of the Law on Islamic Banking, Financial Services Authority (OJK) regulations, and fatwas from the National Sharia Council Indonesian Ulema Council (MUI) regarding mudharabah contracts. The secondary data includes academic literature on PLS and maqasid al-sharia. Data were collected through documentation studies and analyzed using content analysis techniques. The findings show that the integration of PLS into the modern prudential regime produces three interrelated paradoxes moderation of risk transmission through risk control mechanisms, structural limitation of depositor exposure to losses through deposit insurance, and stabilization of returns due to competitive benchmarking pressures. Furthermore, this article shows that in its interaction with the modern regulatory regime, the principle of hifz mal in maqasid sharia has undergone a transformation from a normative doctrine to an analytical instrument for reassessing PLS governance. This process leads to the repositioning of PLS from mere regulatory compliance to a maqasid oriented governance framework that allows for critical evaluation of stability orientation, risk distribution fairness, and systemic integrity. The main contribution of this research lies in the operationalization of maqasid sharia as a methodological framework for re-reading PLS governance, while offering a conceptual reconstruction of the relationship between the principles of risk sharing and modern financial stability.
Regulatory Gaps in Digital Witness Protection for Cybercrime: Integrating International Standards, Egyptian Law, and Islamic Jurisprudence Tarek El Sayed Mahmod; Khalid awad hammadi Al –Alwani; Ismael Hellawss; Mahmood Shaker Alaloosh; Salah Ragab Fathelbab
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.16326

Abstract

This study examines regulatory gaps in digital witness protection in cybercrime by analyzing the relationship between international standards, Egyptian law, and Islamic jurisprudence. The increasing use of digital testimony in cybercrime cases has not been matched by adequate legal protection, exposing witnesses to risks such as cyber intimidation, data leakage, and cross border retaliation. This study aims to identify these gaps and develop an integrated legal approach that strengthens witness protection while maintaining the integrity of criminal justice. The research applies a normative juridical approach supported by descriptive, analytical, and comparative methods. It analyzes the United Nations Convention on Cybercrime, Egyptian legislation on information technology crimes, and Islamic legal principles related to testimony and protection. The findings show that international standards provide relatively comprehensive protection through mechanisms such as anonymity, remote testimony, and relocation. In contrast, Egyptian law lacks specific provisions addressing digital risks, particularly in relation to technical safeguards, remote protection mechanisms, and international cooperation. From the perspective of Islamic jurisprudence, witness protection is closely linked to the objectives of Sharia, especially the protection of life, dignity, and property, as well as the obligation to ensure truthful testimony without coercion. These principles provide a strong normative basis for adopting modern protection mechanisms, including digital anonymization and remote testimony. The study concludes that addressing regulatory gaps requires the integration of international standards with national legislation supported by Sharia based principles. It proposes a comprehensive model of digital witness protection that combines legal, technological, and ethical safeguards to enhance witness security, strengthen legal certainty, and improve the effectiveness of cybercrime enforcement in transnational contexts.
Zakat Behavior in Urban Communities: A Sharia-Oriented Phenomenological Study Susiyanto; Ardinata, Mikho; Isra, Muhammad Faiz; Saputra, Arief Dwi; Rahmatia, Alfina
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.15260

Abstract

This study advances the understanding of zakat behavior by challenging dominant behavioral approaches particularly those grounded in the Theory of Planned Behavior which reduce compliance to measurable determinants while overlooking its legal and experiential dimensions. Adopting a socio-legal Islamic law perspective, this research employs an interpretive phenomenological approach to examine how muzakki experience, interpret, and enact zakat as a binding religious obligation in contemporary urban contexts. Data were collected through in-depth interviews with 15 informants and analyzed using a systematic thematic coding process. The findings reveal that zakat behavior is fundamentally meaning-driven, rooted in experiential religiosity as an internalized moral and spiritual awareness. Institutional trust emerges not as a direct determinant, but as an interpretive mediator through which individuals assess the legitimacy of formal and informal zakat practices, resulting in hybrid distribution patterns. Critically, maqasid al-shariah operates as a practical framework of legal reasoning, guiding compliance based on the perceived realization of maslahah, adl, and tazkiyah, rather than procedural adherence alone. By integrating phenomenological insights with socio-legal analysis, this study reconceptualizes zakat behavior as a meaning-driven, legally interpreted, and socially embedded process. It contributes to the literature by moving beyond determinant-based models toward an integrative framework that bridges Islamic legal theory and empirical behavior. Practically, the findings underscore the need for maqasid-oriented governance and hybrid zakat management strategies that enhance institutional legitimacy by aligning formal systems with lived religious expectations.

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