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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 3, No 2 December (2018)" : 6 Documents clear
Metode Penetapan Hukum Dalam Berfatwa Ahmad Mukhlishin; Aan Suhendri; Muhammad Dimyati
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.194 KB) | DOI: 10.29240/jhi.v3i2.444

Abstract

Fatwa is the answer to the problem that arises, usually respond to contemporary things. This can be seen from a series of fatwa issued by the MUI. from the problem golput, cigarettes, pre-wedding photos, motorcycle taxi women and many other things. Fatwa is a very urgent case for humans because not everyone is able to explore the laws of the Shari'a. Or it can be concluded that the fatwa is an explanation of Sharia law on various issues that occur in the midst of society. Therefore, given the importance of the position of the fatwa, it should be done that the people do not ignore the fatwas issued by the Fatwa scholars born because of the consideration of the benefit of the ummah or mashalihul ummah, and in this paper will be discussed about the methods of law enforcement in berfatwa. One of the conditions for determining fatwas is that they must fulfill the methodology (manhaj) in teaching, because it establishes fatwas without regard to manhaj including those which are prohibited by religion. Establish a fatwa based solely on the necessity (li al-hajah), or because of the benefit (li al-mashlahah), or because the essence of religious teachings (li maqashid as-syari'ah), with no adhering to nushus syar'iyah, including the excessive group (ifrathi). Within the scope of the fatwa there are some important things that must be noticed by a mufti (giver of fatwas) and a mustafti (the person who asks fatwas) so that the resulting fatwa can be useful in solving a problematika. For the sake of perfection a fatwa of mustafti must use some method which must be consumed in solving problem which in ijtihadi at that time, like method bayani, ta'lili and termi.
Kedudukan Shalat Sunnah Qabliyyah Jumat Dalam Pemikiran Hukum Imâm Al-Nawawî Rizky Muktamirul Khair; Busyro Busyro
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.926 KB) | DOI: 10.29240/jhi.v3i2.412

Abstract

The firm stipulation of sunnah qabliyah prayer is not found in the hadith of the Prophet, but among the scholars of the Shafi'yah, such practice is still carried out by likening it to other fardhu prayers. The practice has been studied extensively by Shafi'yah scholars, and one of them is Imâm al-Nawawî. The question asked in this discussion is the rationale of Imâm al-Nawawî in establishing the law of sunnah law for the prayer and when its execution time. According to Imâm al-Nawawî, the argumentis the generality of hadith announcement about sunnah rawatib prayer and the use of qiyas between Zuhr prayer and Jumat prayer. The general argument is more valid and strong compared with other postulates. As for the time of its implementation, sunnah qabliyyah prayerfor Jumat prayer may be done if there is the first azan when zawâl. Whereas if only one azan, may pray two rak'ah with the intention of sunnah qabliyyahbefore Jum’ah prayer together with tahiyyatul masjid prayer for the new arrival at khutbah. As for those who have sat before the khutbah, it is enough with sunnah muthlaq prayer.
Dekonstruksi Epistemologi Muhammad Shahrur Suheri Sahputra Rangkuti
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (395.734 KB) | DOI: 10.29240/jhi.v3i2.545

Abstract

The past viewpoint of issuing fiqh policy was strongly influenced by episteme (in Arkoun) in his time. Of course this is not the point of the problem at this time.The main problem is to draw the building of past thinking, both in the epistemological realm and in the axiology level. Finally, many fiqh are merely swell and attempts to rationalize the classical mass construct without dismantling and rebuilding from scratch. This fiqh policy must inevitably clash with the present, for example, fiqh about women, which closes a lot of their space, because classical masculine and patriarchal epistemes make them lose their independence even considered inappropriate even if they only determine the direction of their lives. Shahrur came by reading and deconstructing the epistemology in women's fiqh so as to produce friendly fiqh in the present nuance. Although the way he traveled was classified as not mainstream, the mega project he handled was worthy of investigation and discussion.
Keterjaminan Kedudukan Dzaul Arham Dalam Kewarisan Islam Melalui Wasiat Wajibah Laras Shesa
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.891 KB) | DOI: 10.29240/jhi.v3i2.615

Abstract

Dzaul Arham mentioned his part in the discussion of the obligatory will. Mandatory wills are different from ordinary testaments. Although the boundaries of the section are the same, they cannot be one third. But regarding its position there are still differences of opinion. And according to the author although with the existence of differences of opinion that little or no part of dzaul arham was taken into account. In this journal the author uses substantive qualitative research methods, with the research type library research. The primary data comes from the literature. With the method of deductive analysis, something universal leads to a specific direction. The position of dzaul arham is indeed not written in the Koran but its position has become the ijma of the ulamas still being calculated with several conditions including no furudh ashhabul. Second, there is no ashabah. And finally, if furudh ashhabul only consists of a husband or wife, then he will receive his inheritance fardh, and the rest will be given to dzawul arham. Through the obligatory dzaul arham testament as though the parts are taken into account. And the completion of the obligatory will that the writer recommends is a settlement from Hasbi Ash-Shiddiqi, namely by determining the part of each heir including the recipient of the obligatory will, replacing the position of his deceased parents according to the level of his acceptance. Providing the recipient of the mandatory will for the portion that should have been received by his parents a maximum of one third of the portion. Giving excess balance after taking the mandatory test taker to the heirs according to the level of their respective parts. So that this way the dzawul arham part is still very calculated, or its position can be guaranteed.
Urgensi Talak Di Depan Sidang Pengadilan Perspektif Maslahah Mursalah Musda Asmara; Reti Andira
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.039 KB) | DOI: 10.29240/jhi.v3i2.626

Abstract

This paper aims to find the urgency of the divorce that must be imposed in front of the court as stipulated in article 115 Compilation of Islamic Law based on the review of maslahah mursalah. This was done because there was a controversy about the talak provisions in classical fiqh with the provisions of the divorce contained in the Marriage Law in Indonesia. The data presented in this paper are sourced from the literature. The results of this paper indicate that the review of Maslahah Mursalah against the imposition of divorce which must be done in front of the court is that the divorce has legal certainty for both husband and wife if they are to remarry, in addition to guaranteeing the child's livelihood and living for his wife, and the wife can claim the right to share property without this. In addition, the Religious Court is one of the institutions that can narrow divorce and at the same time can abort talak habits that are arbitrary.
Korelasi Historisitas Ilmu Hisab Rukyat Dengan Perkembangan Peradaban Islam Li'izza Diana Manzil
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (589.273 KB) | DOI: 10.29240/jhi.v3i2.432

Abstract

Few people, especially the layman who understands that the science of reckoning and rukyat can also be called as the science of falak (islamic astronomy). This is caused in the implementation of islamic astronomy science found manythe practice of reckoning (calculation) and rukyat (observation). If you look a few years ago, the practice of hisab rukyat has been implemented by Rasulullah SAW even before Islam came. In history noted the development of the science of hisab rukyat experienced rapid development in the Islamic world. it proven from the birth of a number of intellectual Muslim who are proficient in the astronomy, astrology, mathematics and other exact science. In addition, the number of writings and instruments created can not be denied Islamic civilization continues to experience the golden age. From this, it clearly shows the historicity of the science of hisab has an important correlation to Islamic civilization, such as in the calculations and studies of sky object for the practice of Falak Science experience the level of carefulness more accurate. So rapid the science of hisab rukyat science from the era of the Prophet until the modern era shows that Islamic civilization also experienced rapid development along the course of history.

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