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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 16 Documents
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Search results for , issue "Vol 8 No 1 May (2023)" : 16 Documents clear
Acehnese Dayah Ulama's Response to the Use of 'Urf in Istinbath of Fiqh Law from Islam Nusantara Yusuf, Januddin Muhammad; Yuslem, Nawir
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5732

Abstract

This study aims to find the reaction or response of Acehnese dayah scholars (ulama) to the use of ‘urf in istinbath of Fiqh Law from Islam Nusantara. This study departs from the fact that Islam is a religion of rahmatan lil’alamin as a universal religion, and the development of society in Indonesia has a growing variety of cultures, thus requiring a special fiqh methodology in adapting culture to religion. This research is a field research with a descriptive qualitative research type. Data collection techniques using documentation, observation and interview techniques. The interviewees came from several dayah clerics who are members of several Islamic organizations such as the NU organization, the MPU organization, the HUDA organization, and the Tastafi Aceh organization. The results of the study show that the response of Islamic religious scholars in Aceh to the use of ‘urf in istinbath fiqh law of Islam Nusantara, some accepted and some refused. Those who refused reasoned that the use of ‘urf fashid is not in accordance with the Shari'a and leads to shirk as is customary of peulheuh alen, rabu abeh in Acehnese society. While the use of ‘urf shahih, Islamic religious scholars in Aceh accept it because it does not conflict with the Shari'a like khanduri blang because it is included in the generality of the argument for charity. Thus, it can be concluded that the istinbath method of Islam Nusantara fiqh law can be accepted and has its legality according to Acehnese Islamic scholars when using ‘urf shahih. The findings of this study contribute to the fact that customary practices need to be preserved if they do not conflict with Shari'a.
The Urgency of Maturity to Get Married and Its Relevance to Family Life Goals Darussamin, Zikri; Armansyah, Armansyah; Zikri, Ahmad
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5324

Abstract

This paper aims to explore aspects of the legitimacy of limiting the age of marriage from the perspective of maqâshid al-syarî'ah. Early marriage is regarded as highly common ini Indonesia. According to data for 2020, 1 in 9 or almost 11% of Indonesian girls get married before becoming 18 years old. Through Law Number 16 of 2019 about Amendments to Law Number 1 of 1974 about Marriage, the government is trying to suppress the practice of early marriage  through limiting the age of marriage to 19 years. Research methods are qualitative-explanative method, this paper attempts to analyze the texts and doctrines of fiqh scholars relating to the age of marriage and relate them to the purpose of marriage through the point of view of maqâshid al-syarî'ah. Through this method, it has been discovered that that marriage is a noble Islamic law and the only institution that legalizes sexual relations as a primary need (daruri) for human being in order to realize the maintenance of religion (hifzh al-dîn) through the avoidance of the practice of adultery, as well as maintaining the sustainability of mankind (hifzh al-nasl). Considering that marriage is closely related to responsibilities, it can be concluded that arrangement 19 years as the ideal age for marriage is considered to be in line with the maqâshid of marriage. Carrying out underage marriages will cause mafsadah, because it has negatives effect on health, fertility and causes bad social impacts so that maqâshid marriage cannot be realized.
The Relevance of Jamal Al-Banna's Islamic Legal Thoughts with Religious Moderation in Indonesia Lubis, Sakban; Ependi, Rustam; Tumiran, Tumiran; Harahap, Muhammad Yunan; Hakim, Abdul
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6649

Abstract

This research aims to find out the relevance of Jamal Al-Banna's Islamic Legal Thought with Religious Moderation in Indonesia. This research is a doctrinal Islamic legal research using historical approach method (content analysis). The primary data source of this research is Jamal al-Banna's own work, namely Nahwa Fiqh Jadîd and the book Religious Moderation written by the Balitbang Team of the Indonesian Ministry of Religion. This research is also supported by secondary sources in the form of works related to the topic of study. The result of this research is that the Relevance of Jamal Al-Banna's Islamic Legal Thought with Religious Moderation in Indonesia. textually there are 2 (two), namely: justice and tolerance. As for substantially there are also 2 (two), namely: the value of the principle of "convenience" is the same as tawassuṭ and compassion is the same as the principle of equality (musawah/egalitarian).
Strengthening Family Resilience Through Local Wisdom: Pulang Ka Bako Type of Marriage in Minangkabau Warman, Arifki Budia; Zulkifli, Zulkifli; Yustiloviani, Yustiloviani; Nabilah, Wardatun; Hayati, Riska Fauziah
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6971

Abstract

This paper aims at explaining the background of the persistence of Pulang ka Bako marriage in Lasi area and its correlation to family resilience. This research is field research. The Minangkabaunese still carry out the tradition of Pulang ka Bako marriage (marrying the daughter of father’s female sibling) in Minangkabau community, especially in Lasi area. This marriage is considered the ideal type of marriage in Minangkabau. The data sources were obtained from the result of interview with married couples, traditional leaders, and religious leaders. The collected data were then reduced, presented, and concluded. This result showed that the background of Pulang ka Bako marriage was the community’s understanding that this type of marriage can guarantee the development and maintenance of inheritance, kinship social relations, and preservation of traditions and customs. This tradition can build family resilience in the terms of economic and social, and it strengthens cultural resilience as well. From the perspective of maqashid al-sharia, Pulang ka Bako marriage does not only bring benefit to the individual but also to the family. Besides fulfilling the elements of hifzun nasl (preserving offspring), hifzul mal (managing assets), and hifzul 'irdh (maintaining honor), Pulang ka Bako also fulfills the elements of tahqiqul sakn wal mawaddah wa rahmah (realizing the sense of peace, love, and compassion) and tanzimul janibul mali (managing family finances). It can be concluded that Pulang ka Bako type of marriage has fulfilled the objectives of Islamic law and is capable of being one of the solutions to family resilience issues.
Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004 Hayati, Ilda; Edyar, Busman
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5657

Abstract

This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.
Copyright as a Waqf Object in the Context of Fiqh and Positive Law Sukiati, Sukiati; Rahmadany, Rahmadany; Sebyar, Muhamad Hasan; Harahap, Purnama Hidayah; Man, Yovenska L
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6696

Abstract

This research aimed to analyze the position of copyright as a waqf object from the perspective of fiqh and positive law. This study was literature research with a normative approach. The data collection technique used in this study is the documentation technique. At the same time, the analysis technique in this study used descriptive inductive techniques. The results of this study indicated that copyright is protected by Sharia law. The owner has the right and authority over his or her copyright and is protected by the rules and laws. Copyright as a waqf object is permitted by Islamic law as long as the requirements for a waqf object are met. This is reinforced by the decision of the Indonesian Ulema Council (MUI) number 1 MUNAS/VII/5/2005, which allows Intellectual Property Rights (IPR) as a waqf object. The permissibility of copyright as a waqf object is also supported by positive law, i.e. Law No. 41 of 2004 concerning Waqf and Government Regulation No. 42 of 2006. In addition, copyright as part of IPRs fulfils the criteria of a waqf object, i.e. a valuable asset permissible by Sharia law whose ownership rights are transferrable. Accordingly, IPRs are legally used as a waqf object, and such rights should not be violated.

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