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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 3 Documents
 1 
Search results for , issue "Vol 11 No 1 (2026): In Press" : 3 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.

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