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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 6 Documents
 1 
Search results for , issue "vol 11 no 2 (2026)" : 6 Documents clear
Contextualizing Fatwas amid Social Change: A Maqasid-Based Comparative Framework of Legal Reasoning in MUI, Muhammadiyah, and Nahdlatul Ulama Ilda Hayati; Busman Edyar; Desfitranita; Busahdiar; Juliansyah
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 2 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i2.15361

Abstract

This study examines how Indonesian fatwa institutions contextualize Islamic legal rulings in response to social change through a maqasid-based framework of legal reasoning. While previous studies have explored the institutional authority, legal methodology, and implementation of fatwas in Indonesia, limited attention has been given to the comparative mechanisms through which the Indonesian Ulema Council (MUI), Muhammadiyah, and Nahdlatul Ulama (NU) reconcile textual authority with evolving social realities. This research employs normative juridical and library research methods using a usul al-fiqh approach. Primary data consist of fatwas issued by MUI, Muhammadiyah, and NU, complemented by relevant classical and contemporary literature. The data were analyzed using qualitative content analysis and comparative legal analysis. The findings demonstrate that the three institutions employ distinct yet complementary models of legal reasoning in contextualizing fatwas. MUI emphasizes collective ijtihad and public policy considerations, Muhammadiyah adopts a maqasid-oriented rational approach through bayani, qiyasi, and istislahi reasoning, while NU integrates the authority of classical legal tradition with a gradual methodological shift toward manhaji reasoning. Despite their methodological differences, all three institutions consistently prioritize the objectives of Islamic law, particularly the protection of religion, life, intellect, and public welfare, when responding to contemporary legal challenges. This study proposes a maqasid-based comparative framework that explains how different fatwa institutions maintain the authority of Islamic legal texts while adapting legal rulings to changing social contexts, thereby contributing to contemporary discussions on Islamic legal reasoning, fatwa studies, and maqasid al-shariah.
Reconstructing Maintenance Rights for Children Born of Rape: Beyond Nasab Doctrine toward State Responsibility Budi Tresnayadi; Jajang Jamaluddin; Yayan Muhammad Royani; Khairani Dewi
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 2 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i2.16890

Abstract

Children born of rape face persistent uncertainty regarding long-term maintenance because Indonesian law separates child protection, criminal restitution, and family-based maintenance. While positive law emphasizes restitution and compensation, Islamic family law traditionally associates paternal maintenance with legally recognized nasab, creating a protection gap when paternal lineage cannot be established or enforced. This study examines the limitations of the nasab-based maintenance doctrine and formulates a maqāṣid-based model of responsibility for children born of rape. It employs doctrinal legal research using statutory, conceptual, comparative, and maqashid al-shari‘ah approaches. Legal materials include Indonesian legislation, court decisions, classical Islamic jurisprudence, and scholarly studies on children’s rights, lineage, and victim protection. The findings demonstrate that existing restitution mechanisms do not ensure continuous maintenance, while the dependence of maintenance on nasab may leave affected children without an effective responsible party. A purposive interpretation of hifz al-nafs, hifz al-nasl, and hifz al-mal supports treating maintenance as an independent child-protection entitlement rather than merely a consequence of legal lineage. This study proposes a layered responsibility model in which the perpetrator or proven biological father bears primary liability, while the state serves as a subsidiary guarantor when private responsibility cannot be identified or enforced. The model requires a state-managed child maintenance guarantee, periodic judicial assessment, and a right of recourse against the perpetrator. This reconstruction aligns Islamic legal reasoning with the best interests of the child and provides a sustainable framework for protecting children born of rape.
Beyond Linguistic Formalism: Maslahah-Oriented Hermeneutics and the Reconstruction of Islamic Legal Reasoning in Ibn ‘Abd al-Salam Amin Muhtar; Akhmad Kamil Rizani; Ibnu Kharish; Afifi Hasbunallah; Lutfi El Falahy
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 2 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i2.11325

Abstract

This article examines the reconstruction of Islamic legal reasoning through a maslahah-oriented hermeneutical framework in the legal thought of Izz al-Din Ibn Abd al-Salam. Existing studies have highlighted his contribution to maqasid al-shariah and legal ethics, yet insufficient attention has been given to how maslahah functions as an operative interpretive method in textual istinbat. This study aims to analyze the epistemological foundations and methodological structure of his legal hermeneutics. This research employs qualitative library research based on the primary works of Ibn Abd al-Salam, particularly Al-Imam fi Bayan Adillat al-Ahkam, Qawaid al-Ahkam, and Tafsir al-Quran. Data were analyzed using content analysis and hermeneutical interpretation within the framework of Islamic legal theory. The study finds that Ibn Abd al-Salam positions maslahah not merely as a legal objective but as a methodological principle for interpreting revelation. His hermeneutical model operates through three interconnected mechanisms: identifying semantic-ethical indicators of benefit and harm in the Quran, establishing maslahah as the normative basis of legal commands and prohibitions, and interpreting legal meanings through contextual analysis of siyaq al-kalam. This approach integrates textual authority, ethical reasoning, and contextual awareness into a coherent system of legal derivation. The article argues that Ibn Abd al-Salam developed an early form of ethical hermeneutics that transcends linguistic formalism while preserving the authority of revelation. This framework contributes to contemporary discussions on maqasid al-shariah, Islamic legal reform, and the reconstruction of Islamic legal reasoning by offering a model that remains normatively grounded while responsive to changing social realities.
Protecting Children from Digital Sextortion: Integrating Indonesian Law and Maqasid al-Shariah Amrina Rosyada; Diana Yusyanti; Rachmat Trijono; Jalaluddin; Siti Nurunnajwa Shamsudin
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 2 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i2.14874

Abstract

The increasing use of digital platforms has exposed children to new forms of technology-facilitated sexual violence, including sextortion. Although Indonesian law provides several legal instruments for addressing electronic sexual violence, the regulation and protection of child victims remain fragmented, while the potential contribution of Islamic legal principles to a preventive and victim-centered framework has received limited attention. This study examines the legal protection of children from digital sextortion and develops an integrative framework based on Indonesian law and maqasid al-shariah. It employs normative juridical research using statutory and conceptual approaches. The legal materials include the Criminal Code, legislation on electronic information and transactions, child protection, pornography, and sexual violence, complemented by Islamic legal sources and relevant scholarly literature. The materials were analyzed through legal interpretation, comparative analysis, and maqasid-based normative assessment. The findings demonstrate that Indonesian law provides an increasingly specific basis for prosecuting electronic sexual violence, particularly through the TPKS Law, but important challenges remain concerning regulatory fragmentation, digital evidence, victim protection, and enforcement capacity. From the perspective of maqasid al-shariah, child sextortion simultaneously threatens the protection of life, dignity and lineage, intellect, and property. The study argues that integrating positive law with maqasid-based protection produces a more comprehensive model combining prosecution, victim recovery, prevention, digital literacy, and protection of children's dignity. This integrative framework contributes to developing a child-centered response to emerging forms of digital sexual violence.
Fragmented by Design: A Maqasid Analysis of Stunting Eradication Policy in West Sumatra Duhriah; Fauzi Yati; Addiarrahman
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 2 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i2.15743

Abstract

The persistent, and recently rising, stunting rate in West Sumatra, Indonesia, from 23.3 percent in 2021 to 24.9 percent in 2024, still above the national average of 19.8 percent, signals a failure of current policy approaches rather than of national commitment. Most Indonesian stunting research explains this persistence through household-level determinants such as sanitation, maternal education, and feeding practices, leaving the design of the policies themselves under-examined. This study addresses that gap by treating policy design, not household behavior, as the object of analysis. Its contribution is methodological: it applies Jasser Auda's seven-element Maqasid Framework, concepts, purposes, values, commands, universal laws, groups, and proofs, for the first time as a diagnostic instrument for subnational stunting governance in a Muslim-majority, customary (adat) society, rather than as a purely normative or theological tool. Drawing on qualitative fieldwork in Solok and West Pasaman districts, document analysis of local regulations and in-depth interviews and observations with policymakers, health cadres, and community members, the study maps local stunting policies onto the seven Maqasid elements and finds a systemic lack of synergy among them: technically narrow concepts detached from a shared higher purpose, marginalized Minangkabau customary leadership (tungku tigo sajarangan), and implementation reduced to bureaucratic routine. The study concludes that meaningful progress requires reorienting stunting governance from fragmented, target-driven administration toward purpose-driven, culturally embedded policy design, positioning the Maqasid Framework as a transferable diagnostic and design tool for comparable development challenges.
Closing Regulatory Gaps in New Psychoactive Substance Control: A Sadd al-Dhari‘ah-Based Comparative Analysis of Indonesia, Malaysia, and Turkiye Andri Winjaya Laksana; Arpangi; Hendro Widodo; Aditya Saputra; Anjar Ratnasari Winjaya
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 2 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i2.16844

Abstract

The rapid emergence of New Psychoactive Substances (NPS) has created regulatory gaps because modifications to their chemical structures enable new substances to circulate before they are formally classified as prohibited drugs. This study examines how sadd al-dhariah can be operationalized as a preventive framework for addressing regulatory gaps in NPS control in Indonesia without undermining the principle of legality. It employs doctrinal legal research using statutory, conceptual, and comparative approaches. Primary and secondary legal materials concerning NPS regulation in Indonesia, Malaysia, and Turkey were examined through legal interpretation and comparative analysis. The analysis shows that Indonesia's substance-by-substance scheduling mechanism has not adequately responded to the rapid development of NPS, thereby limiting law enforcement against substances not yet included in official schedules. Malaysia similarly relies primarily on periodic scheduling, whereas Turkey combines individual scheduling with generic definitions based on chemical structures. These comparative findings provide relevant lessons for developing a more adaptive regulatory mechanism in Indonesia. From the perspective of sadd al-dhariah, controlling precursor materials, production, digital promotion, and distribution constitutes a legitimate preventive measure to protect human intellect and life. However, preventive regulation must be supported by scientific precision, procedural accountability, proportionality, and safeguards against overcriminalization. This study concludes that sadd al-dhariah can support adaptive NPS control when implemented through measurable chemical definitions, forensic verification, an early warning system, transparent classification procedures, and judicial oversight. It contributes a preventive legal framework that integrates Islamic legal reasoning with legal certainty and regulatory responsiveness.

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