Al-Istinbath: Jurnal Hukum Islam
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.
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<![CDATA[Kontekstualisasi Doktrin Ibadah dalam Irisan Pandemi Coronavirus Disease of 2019 (Covid-19) ]]>
<![CDATA[Edyar, Busman]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.3496
<![CDATA[This paper aims to elaborate on the contextual rituals of Muslims in Indonesia as decreed by Indonesian scholars such as the Indonesian Ulema Council (MUI), Muhammadiyah, and Nahdhatul Ulama (NU) in connection with the Covid-19 pandemic. The type of research used is a literature study with a qualitative approach which is analyzed by means of content analysis. The result of the research is that there is a significant breakthrough in the ritual of worship which has been standard in the doctrine of al-ashlu fi al-ibadah al-tauqif wa al-ittiba'. The breaking of this worship protocol at least occurs in the principle of congregational prayer and its procedures, the use of masks during prayer, the implementation of Friday prayers, Eid prayers, and the organization of the corpse. Meanwhile, Indonesian clerics such as MUI, Muhammadiyah (through the Tarjih Council) and NU (through Bahsul Masail) justified this breach. The maslahah factor in order to avoid the risk of transmitting the Covid-19 virus, is the main reason for the justification of these scholars. This study strengthens the existence of Islamic legal theories which are summarized in the fiqh rules in answering social problems that have a wedge with religious rituals. So it is illustrated that Islamic doctrine is rigid in its provisions but remains flexible in application.]]>
<![CDATA[Revitalisasi Pengelolaan Wakaf di Kota Langsa Perspektif Undang-Undang Wakaf ]]>
<![CDATA[Junaidi, J.]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.2924
<![CDATA[This article discusses the problems of managing waqf assets in Aceh. Until now, waqf management is still traditional regarding fiqh books, even though Indonesia has issued special regulations on waqf management. The purpose of this research is to analyze the management of waqf in Langsa City. This research is empirical legal research with a normative sociological approach. This article argues that waqf management is still traditional due to the understanding of the community and the Nazir think that waqf is only in the form of land and intended for worship facilities only. In addition, there is still a tug of war in the management of waqf assets between indigenous peoples and the government. Revitalization needs so that waqf assets can managed properly and correctly. The direction of revitalizations is; First, it relates to waqf regulation; second, nazir; third, the waqf paradigm (waqf culture); fourth,l waqf institution.]]>
<![CDATA[The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era ]]>
<![CDATA[Maula, Bani Syarif]]>;
<![CDATA[Ariyanti, Vivi]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.3465
<![CDATA[This research departs from a paradigm that the freedom of judges is a form of court independence, which requires that decisions taken must consider objectivity without pressure from any party. This study focuses on the attitude of judges' independence from factors that can influence court decisions, both internal and external factors related to the interests of certain groups. Based on these problems, this study addresses the issue of the independence of judges in cases of blasphemy. This type of research is empirical normative with a qualitative descriptive approach. The data sought for this research is data that comes from the facts of the application of material and formal law by judges in court. In addition, this data is also strengthened by interviews. This study concludes that the analysis of the application of the blasphemy article proves that judges as law enforcers have difficulty translating the substance of blasphemy because of the unclear formulation of Article 156a letter 'a' of the Indonesian Criminal Code. The judge's decision in the blasphemy case does not reflect the independence values of the judges who decide the case. Judges in making decisions on cases handled must be based on their ability to think and will freely (independently) but within the limitations of responsibility and objectivity. The panel of judges in blasphemy cases tends to adopt a more general and situation-oriented attitudes.]]>
<![CDATA[Strategi Jihad Digital Sebagai Upaya Perlawanan Informasi Negatif: Studi Metode Istihsan pada Akun Instagram ]]>
<![CDATA[Rasyid, Arbanur]]>;
<![CDATA[Asmara, Musda]]>;
<![CDATA[Lubis, Maulana Arafat]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.2797
<![CDATA[This research aims to provide educational insight for netizens on how to get smart ways to counteract negative information on social media, especially Instagram as the object of this discussion. The method used by the author in this discussion is a literature study with the main sources being documentation, news, articles that are in accordance with the topic of study. The results of this study are that there are several groups of netizens who are easily influenced by negative news, they are also easily provoked based on social media behavior. Digital jihad strategies on Instagram accounts using the istihsan method as a step to combat misinformation or news; negative by verifying or "tabayyun", then filtering the news sources and measuring in terms of benefits and harm, so that valid conclusions can be found regarding the source of the news circulating on social media Instagram.]]>
<![CDATA[Pertimbangan Perkara Pemeliharaan Anak di Pengadilan Agama Manado ]]>
<![CDATA[Jamal, Ridwan]]>;
<![CDATA[Bukido, Rosdalina]]>;
<![CDATA[Yasin, Yasin]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.2453
<![CDATA[This research aims to analyze the consideration of judge in giving the case decision on child custody (hadanah) as well as upholding the decision of religious court in Manado concerning accountability of child custody. This type of research is field research which is qualitative and used descriptive analysis research method. Whilist the approach used in this research is empirical law method. The result of research shows that the child custody decided by religious court in Manado is persuasive, namely through sociological considerations and considerations of benefit (maslahat), so that it will not harm the child or cause family conflict. Various problems in Manado religious court due to the lack of responsibility, cherish and education from parents to their children became the judge’s consideration in deciding the case. Therefore, the judges must be careful in making decision. In addition, in resolving the issue of hadhanah, not only formal rules must be mentioned, but also legal values, social principles, religious principles, the environment that will be given to parents concerning hadhanah and some other aspects must be considered, especially about the future of their children.]]>
<![CDATA[Kewarisan Beda Agama di Nagari Persiapan Bancah Kariang Kecamatan Kinali Kabupaten Pasaman Barat ]]>
<![CDATA[Elfia, E.]]>;
<![CDATA[Surwati, Surwati]]>;
<![CDATA[Fajri, Yan]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.3479
<![CDATA[This study aims to find out the basis and reasons for heirs of different religions to get inheritance from heirs who died and how the distribution of inheritance is carried out by the community in Nagari Bancah Kariang, Kinali District, West Pasaman Regency. This research is an empirical research using a socio-legal approach. The data used is qualitative data which is analyzed descriptively qualitatively. The findings from this study are the basis and method of dividing inheritance of different religions in Nagari Preparation Bancah Kariang, Kinali District, West Pasaman Regency is based on the habits that have been carried out by the family so that it has been passed down from generation to generation until now and the distribution of inheritance is carried out equally, regardless of religion. in a family member after the death of an heir. This is done with the aim of maintaining harmony among his family and is considered a fair distribution of inheritance with a family system. Families that have family members of different religions also get an equal share and do not differentiate the income from inheritance to their children to strengthen the relationship between children and their parents. The practice carried out by the Nagari Bancah Kariang community clashes with the Prophet's hadith which clearly states that different religions are a barrier to inheriting under any pretext because ikhtilaf al-diin is one of the mawani '(barriers) in Islamic inheritance law.]]>
<![CDATA[Maqasid shariah’s Change as Theory: From Classical to Cotemporary Maqasid Shariah ]]>
<![CDATA[Wanto, Deri]]>;
<![CDATA[Hidayat, Rahmad]]>;
<![CDATA[Repelita, R.]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.3122
<![CDATA[This article intended to identify the development of maqasid shariah theory and discourse in various published articles from various databases courses. By applying a systematic approach to a literature review, this article identifies the development of themes related to maqasid shariah. This approach is applied to fifty-three article in varied data source like ProQuest, Google Scholars, Scopus database and IRTI-IDB Proceeding. From the maqasid shariah index to maqasid shariah as a legal framework in contemporary fiqh discourse, even fatwa’s by various religious institutions such as the MUI. Nevertheless, the development of maqasid shariah as an analytical framework and paradigm has changed, from a values-based and juridical basis to social indicators.]]>
<![CDATA[Memahami Dialektika Antara Perilaku Agama dan Politik dalam Perumusan Hukum Islam di Indonesia ]]>
<![CDATA[Syahbudi, S.]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.3373
<![CDATA[This study aims to explain the formulation of Islamic law is a product of the dialectic between political and religious behavior. Dialectics is often related to relations and power as well as interactions and connections. This article uses a qualitative method with descriptive analysis that compares several literatures by describing the relationship between religious and political dialectics in the formulation of Islamic law. Furthermore, this article uses an inclusive and exclusive theoretical framework. The essence of this theoretical framework is the awareness of the recognition of the existence of salvation beyond self-belief. This article argues that religious doctrines influence the political behavior will tend to produce an inclusive attitude, but political behavior affects the religion will lead to produce an exclusive behavior in formulating of Islamic law. An inclusive attitude can be seen from the openness in responding to political changes by using generally accepted opinion trends. Meanwhile, this exclusive attitude can be seen from the tendency to use legal terms such as lawful, unlawful, infidel or apostasy which applies specifically. However, both inclusive and exclusive models are expressions in the formulation of Islamic law. The conclusion is that the dialectic between political and religious behavior has implications for the recognition of legal pluralism as a dynamic character of Islamic law.]]>
<![CDATA[Legal Politics in the Establishment of the Sultan Adam Law (Positivization of Islamic Law in the Banjar Kingdom) ]]>
<![CDATA[Hidayati, Tri]]>;
<![CDATA[Hidayatullah, Muhammad Syarif]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.3486
<![CDATA[This study aims to determine the position and authority of Sultan Adam al-Watsiq Billah (1826-1857) in the formation of the Law of Sultan Adam 1835 and to describe the political aspects of law in the formation of the Law of Sultan Adam 1835. The method used is normative legal research with statutory, political, and socio-historical approaches. The results are first, Sultan Adam has authority as King and a religious leader in establishing Islamic law as the positive law of the Banjar kingdom in Sultan adam law. Second, the legal-political aspect in Sultan Adam Law is found in the purpose of its formation as stated in the preamble of the sultan adam law Martapura version. They were named, perfecting religion and i'tikad; maintaining the harmony of the unity, and guidelines for judges in deciding a case during their reign so that the people become good. As King and qadhi (judge), Sultan Adam used the religious and political approach through Sultan Adam Law when his political power weakened under Dutch rule. He has successfully applied it to the character of the Banjar Society, which is thick with Islamic (tradition), which is more obedient to religious leaders than rulers. The Banjar people still apply some of the Sultan Adam Law provisions to this day.]]>
<![CDATA[Diskursus Perdebatan Praktik Money Politic dalam Perspektif Metode Istishlahy ]]>
<![CDATA[Rafiq, Mahbub Ainur]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.2074
<![CDATA[This article aims to explain the debate about money politics from an istishlahy perspektif. Money politics is an effort to influence the electoral masses in exchange for certain materials that someone does not exercise their right to vote or exercise their rights in a certain way. This practice make the stability of the political climate is disrupted. That is why, positive law prohibits the practice of money politics. The discourse on money politics is very interesting in the fiqh literature, if there is a concern that not giving money in a contestation of positions will fall to the wrongdoer. So the majority of scholars give privileges to do this practice, and this is not included in the category of bribery. The researcher is interested in examining more deeply the discourse on the debate about the provisions of the practice of money politics. This qualitative research using the ushul fiqh approach aims to examine methodologically more deeply the discourse on the debate about the provisions of the practice of money politics.This debate will be examined using the istishlahy method. The result of this article is: First, this practice can be applied to risywah. Due to the similarity ‘illat (logical ratio), namely khauf al-mail. Second, there is a privilege in conditions that are very far from idealism in practicing money politics, as long as the indicators which are the prevailing factors of money politics practice are found in the socio-political reality.]]>
