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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 17 Documents
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Search results for , issue "Vol 8 No 2 November (2023)" : 17 Documents clear
Reconstruction of the Practice of Siyasa Syar'iyyah During the Islamic Empire's Relevance to the Practice of Sharia Financing CWLS Retail in Indonesia Putra, Haris Maiza; Ahyani, Hisam; Naisabur, Nanang; Muharir, Muharir; Naisabur, Chikal Anugrah Putra
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8057

Abstract

The purpose of this study is to analyze the reconstruction of Islamic sharia implementation policies during the Islamic Empire in Indonesia from the perspective of siyasah syar'iyyah and their relevance to Indonesian government policies in regulating Islamic financing instruments in Cash Waqf Linked Retail Sukuk (CWLS Retail). The statutory approach and descriptive analysis are used in this research. Sources of data were obtained from various literary materials both from books, journals and the internet, as well as other relevant sources regarding the politics of Islamic law (siyasah syar'iyyah) during the Islamic period and its relevance to the regulation of Islamic financing instruments in Indonesia, especially with regard to the application of retail sukuk cash waqf (CWLS Retail). The results of the study show that first, the political application of Islamic law during the Islamic empire in Indonesia was carried out through the politics of the king's power (ruler). Second, the application of political Islamic law has relevance to current Indonesian government policies, namely in regulating Islamic financing instruments for Cash Linked Retail Sukuk (CWLS Retail), where the Government through various Islamic policies is embodied through laws, government regulations, MUI Fatwa, and other regulations. However, implementing this policy requires 6 variables of Islamic politics (siyasah syar'iyyah) in the opinion of Ibn Khaldun, namely mutual synergy between law, government, society, economy, development and justice.
Political Hoaxes in the Post-Truth Era: An Islamic Political Analysis Agustina, Isna Fitria; Ali, Zezen Zainul; Sakirman, Sakirman; Octavianne, Helena; Jamal, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.8457

Abstract

This study aims to examine how the phenomenon of political hoaxes in the post-truth era occurs and what impact it has on the religious life and political direction of the Muslim community. This research departs from the phenomenon of political hoaxes that are getting stronger, especially when approaching election contestation. This condition is reinforced by the post-truth era where the truth is no longer urgent and trusted because the many hoaxes circulating make hoaxes like the truth. This research is a literature study explaining the phenomenon of political hoaxes in the post-truth era with an Islamic political sociology approach, data obtained from literature related to hoax politics, the post-truth era and analyzed in depth. The findings of this study are: First, the phenomenon of political hoaxes is carried out massively and repeatedly, especially before political events, Second, the reinforcing factors of political hoaxes in Muslim societies are caused by identity politics and low digital political literacy that are spread repeatedly. Third, political hoaxes can trigger inter-religious conflicts including intolerance and radicalism, disrupt religious life, and increase polarization and distrust of political institutions, as well as distrust of the media. Fourth, overcoming the impact of political hoaxes can be done by taking an Islamic political approach in society, namely by always telling the truth and bertabayyun against news and increasing digital literacy and the role of religious authorities.
Building Husband and Wife Partnership Patterns Among Regional Parliament (DPRD) Members from the Mubādalah Perspective Supriyadi, Supriyadi; Zaelani, Abdul Qodir; Mahmudah, Siti; Ja’far, Ahmad Khumedi
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6972

Abstract

This study aimed to analyze the husband and wife partnership pattern due to the wife's role as a member of the Regional Parliament (DPRD) from the mubādalah (reciprocity) perspective. The qualitative descriptive approach was adopted and data were collected through interviews and documentation of 6 female respondents of the DPRD members in Pesawaran Regency, Lampung Province. Respondents were selected using purposive sampling, while the parameters used to examine the husband and wife partnership pattern included division of domestic work, family financial support, and decision-making processes. The result showed an increase in the impact of the partnership pattern on household harmony, which was assessed using the interpersonal communication theory of Joseph A. Devito and Kyai Faqih's mubādalah theory. Furthermore, the division of domestic work among wives as DPRD members could be categorized into two groups. The first was the shared responsibility between husband and wife, while the second was the exclusive responsibility assigned to the wife without the involvement of the husband. In terms of financial support, some wives relied solely on their husbands, while others shared the responsibility. All respondents used the family deliberation approach for decision-making and they agreed on the importance of building a good partnership based on the mubādalah principles between husband and wife. Mubādalah principle consisted of partnership, cooperation, reciprocity, and mutual understanding, which aimed to maintain household harmony.
Imam Ash-Shafi'i's Opinion on Hajj without a Mahram and Its Relevance to the Present Day Dedi, Syarial; Yunarti, Sri
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7113

Abstract

This study aims to examine more deeply the opinion of Imam ash-Shafi'i regarding the pilgrimage for women without a mahram, and then see its relevance in today's times. Imam ash-Shafi'i has opinion that a mahram or husband is not obligatory for a woman in carrying out the pilgrimage, but on condition that the woman is protected from harming her body and soul and her honor. The majority of fiqh scholars are of the opinion that women must be accompanied by their mahram to perform the pilgrimage. According to the provisions of the Shari'ah, a woman may not travel alone but must be accompanied by her husband or mahram. Even the al-Hanafiyah school of thought argues that a mahram for women is a mandatory requirement for Hajj. This study is in the form of a character study categorized as library research. It used secondary data, either in the form of primary materials, tertiary secondary. Data analysis used heuristic, critics (internal and external), interpretation, and historiography. The results of this study suggest that Imam asy-Syafi'i's opinion which emphasizes law based on its 'illat, namely the factor of women's safety is very relevant to current conditions.
Implementation of Aqiqah in the Bulan Maulid in Nagari Padang Laweh West Sumatra Perspective'Urf Sulfinadia, Hamda; Roszi, Jurna Petri; Rosdialena, Rosdialena; Suryani, Eli; Fitri, Anisa
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6800

Abstract

This study aims to find out about the implementation of the aqiqah in the Maulid Nabi in Nagari Padang Laweh in terms of tradition. Aqiqah is an expression of gratitude for the birth of a child, which is basically the seventh or fourteenth day of birth or the twenty-first day. However, this did not happen to the Nagari Padang Laweh, the implementation of the aqiqah was held to coincide with the celebration of the Prophet's Birthday in the month Rabiul Awwal determined by custom. This ritual has been carried out from generation to generation and is still ongoing today. The implementation of the aqiqah will be reviewed from the ‘urf prevailing in the Islamic tradition. The research method used is qualitative with a case study approach. The primary data of this study were obtained through interviews with thirteen informants. After the data is collected, it is classified based on existing themes, then coded and analyzed with valid theory, and ‘urf so that conclusions can be drawn. The case study in this research relates to the implementation of the aqiqah along with the celebration of the Bulan Maulid. The results of the study show that the implementation of the aqiqah which coincides with the Bulan Maulid will provide relief to parents who participate in giving away their children. This is in line with Islamic law, and has proven to contain a lot problem. The conclusion from this research is that the implementation of the aqiqah includes urf shahih and local wisdom that needs to be preserved.
Disparitas Hukum Pidana Terhadap Pelaku Kekerasan Seksual Pada Anak Rahmawati, Rahmawati; Hartiwiningsih, Hartiwiningsih; Rustamaji, Muhammad; Sulistiyanta, Sulistiyanta; Abdillah, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7379

Abstract

This research aims to elucidate how criminal law disparities against perpetrators of sexual violence against children manifest based on Islamic law in Indonesia. The legal disparities indicate that child victims of sexual violence have not received comprehensive legal justice. This study adopts a qualitative descriptive approach, collecting data through exploration and reading online media with the keywords 'sexual violence against children in Indonesia' on the Google search engine. This paper reveals that legal imbalances have undermined the value of justice for child victims of sexual crimes, affecting them both psychologically and physically, and leading to other consequences such as dropping out of school, forced marriage to the perpetrator, and suicide. This study is crucial to bring about justice based on Islamic law for child victims of sexual crimes, juxtaposed with Pancasila justice. It highlights that the criminal legal disparities in cases of sexual violence consistently place children as the disadvantaged objects of legal justice. True legal inequality would not occur if the application of the law is based on Islamic Law grounded in divine values, as the punishment for perpetrators of sexual violence in Islam can be judged as hudud crimes, qhisas crimes, and ta'zir crimes.
The Contestation of Authority in Islamic Marriage Law Indonesia Nasir, Muhammad; Aniza, Aniza; Muzakkir, Muzakkir; Roni, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7896

Abstract

This article describes the contestation between government authorities and religious scholars (ulemas) in the creation of marriage laws in Aceh. The research data were derived from observations, interviews, and documentation, constituting a qualitative study with a theoretical framework based on the relationship between the state and religion, as well as the Theory of Legal Certainty, employing a socio-legal approach. The findings of this study illustrated that the authority of the ulemas was manifested through the issuance of fatwas by Acehnese ulemas, which also operated in society illegally. On the other hand, government authority was realized through the enactment of marriage laws and the Islamic Criminal Code (KHI) implemented by government institutions. The fragmentation and contestation of these authorities occurred following the enactment of the Special Autonomy Law, which granted authority to the ulemas to issue fatwas. As a result, dualism in marriage laws emerged in Aceh, leading to various issues such as legal uncertainty, a lack of trust in state institutions, and the proliferation of illegal marriages in Aceh. Additionally, Acehnese ulemas sought to establish their own local laws for Aceh, independent of national marriage laws. Therefore, it is imperative to establish Aceh's marriage laws through regional regulations (qanun) while accommodating the fatwas issued by Acehnese ulemas.

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