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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 19 Documents
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Search results for , issue "Vol 9 No 1 (2024)" : 19 Documents clear
The Consideration of Maslahat in the Imposition of the Death Penalty for Serious Sexual Crimes in Indonesia Syatar, Abdul; Abubakar, Achmad; Kurniati, Kurniati; Bedong, M. Ali Rusdi; Ahmad, Ahmad
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8880

Abstract

This research aimed to provide efforts to strengthen the law if changes to regulations occur, which must be accompanied by academic and socio-political approaches. In Indonesia, there is a new form of sexual crime whether verbal, non-physical, physical, or online. The prevalence of such incidents reflects a troubling trend that needs urgent attention from both authorities and society. This research was field research, equipped with qualitative data. The data sources included observational research, interviews, and documentation as well as literature studies by reviewing documents relating to criminal sanctions for adultery, especially from the Criminal Code, outside the Criminal Code, and manuscripts of Islamic criminal law. The beneficial theory used was the Al-Būtī version, which emphasized the validity of al-‘uqūbah al-Islāmiyah. The research findings revealed that in the event of changes to criminal law in Indonesia, maslahat considerations are prioritized, particularly in cases of grave sexual crimes, the death penalty should be applied. The government must consider things such as benefits, cultural values, and societal perspectives when making criminal punishment policies. In Indonesia, several backgrounds supported the choice of the death penalty for sexual crimes. The expected benefits are community protection, preventative action, justice for victims, and the elimination of dangerous perpetrators in the future. The legal situation governing sexual crimes in Indonesia is increasingly pitiful, and a change is needed.
The Principles of the Concept of Maslahah in Islamic Family Law of a Wife Looking for Living Husband Taking Care of Household Work Firdaus, Firdaus; Mursal, Mursal; Desminar, Desminar; Halim, Syaflin
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8464

Abstract

This study aims to explore the implementation principles of the Maslahah concept in the context of Islamic Family Law, with a specific focus on the case study of a working wife and a husband responsible for household duties. Another purpose for knowing about the family harmonism. Apart from that, to understand that family harmony is when the family is managed by the husband or man. Researched using qualitative methods with a case study approach. The principles of maslahah use for this research about hifz al-mal, hifz al-nafs, hifz al-nasl, hifz al-‘aql, and hifz al-din. The data used is a total of 6 primary data and secondary data from various relevant research. The research instrument is validated through reference validation. Data analysis is carried out by presenting data, reducing data, interpreting data, and drawing conclusions. This research succeeded in finding the existence of maslahah principles that can look at the problem of wives working and husbands taking care of the house from several points of view. Meanwhile, each party's views can be answered through hifz al-mal, hifz al-nafs, hifz al-nasl, hifz al-'aql, and hifz al-din. The family wgom the wives go to work they are trustly always keep the harmonism family, because their reason about the economy.
Maisi Sasuduik: Restrengthening the Implementation of the Concept of al-Ba`ah in some Minangkabaunese Traditional Marriages Busyro, Busyro; Asmara, Musda; Wadi, Fajrul; Manap, Norhoneydayatie Abdul; Tarihoran, Adlan Sanur
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9619

Abstract

This article aims at restrengthening the implementation of the al-ba’ah concept in maisi sasuduik tradition of some Minangkabaunese marriage customs because some people think that this tradition is just a custom and has nothing to do with Islamic teachings. Maisi sasuduik is an obligation for a prospective groom before marriage. This research uses a qualitative approach by which the data were collected through interviews with several community figures and from relevant literature. The descriptive and inductive theories were used in analyzing the data. The results of the research showed that some people believe that this custom has nothing to do with Islamic teachings. The finding reveal that marriages are sometimes postponed and some are even annulled because the men do not agree to fulfill maisi sasuduik custom. According to the concept of al-ba’ah in Islam, a man must prepare a house for his wife to live in because he will take her there after marriage. For Minangkabaunese men, they are not required to prepare a house to live in before marriage because they will live in the wives’ house. Based on the concept of al-ba’ah, Maisi sasuduik describes a man’s al-ba’ah (ability) to perform a marriage. Therefore, the custom of maisi sasuduik is an implementation of Islamic teachings regarding the necessity of having an al-ba’ah before marriage.
Legitimacy of Smart Contracts from the Perspective of Islamic Law: A Case Study of Blockchain Transactions Atiyah, Ghassan Adhab; Manap, Nazura Abdul; Ibrahim, Ahmed Ismael; Rahman, Abdur
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8726

Abstract

Blockchain smart contracts is a digital program based on the blockchain design that accommodates certain data stored in their internal logic. The decentralized nature of this technology prevents unauthorized access. This technology require the use of cryptocurrencies to be effectively utilized as a medium of exchange. While cryptocurrencies have received wide recognition as an improvement to modern business transactions. However, in the Muslim communities, Muslim scholars have divergent views on the permissibility and prohibition of cryptocurrencies on certain grounds. Islamic law is characterized by outstanding flexibility that enables it to keep pace with the development of time and place, and gives it the validity to interact to address emerging issues that stand in people's way. This study aims to examine blockhain smart contracts, how they work, the religious ruling surrounding its permissibility. As well as the consensus of Muslim Scholars on its usage by Muslim communities. The study adopts qualitative doctrinal, library based or normative judicial research to analyze blockchain smart contracts and their suitability and compatibility with Islamic law. By examining the law from the perspective of social reality, the researchers qualitatively analyzed the concept of Smart contracts within the boundaries of law and its application under Islamic law. Delving into deductive reasoning and conclusions based on consensus of scholars. This study found that blockchain smart contracts falls within the permissibility principle, The Maliki school sale on credit and negotiations under the ijtihadi perspective. This research suggests the need for further study to shed light on this new type of contract to support its acceptability among Muslim communities.
Analysing the Pesantren Tradition of Arranged Marriages from the “Kupi Fatwa Trilogy” Perspective Rasidin, Mhd.; Witro, Doli; Busni, Darti; Nurjaman, Andri; Afan, Marjai
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8436

Abstract

This article aims to analyze the phenomenon of arranged marriage traditions in the Islamic boarding school world from the perspective of the KUPI fatwa trilogy. The KUPI fatwa trilogy, namely the ma’rūf (kindness), mubādalah (reciprocity), and true justice approaches, is used to investigate the phenomenon of arranged marriage traditions in the world of Islamic boarding schools. This article uses a library research method with a phenomenological approach which is analyzed using the KUPI fatwa trilogy. Therefore, the nature of this research is descriptive-analytical. Then data collection techniques come from primary and secondary materials. Meanwhile, the analysis technique uses Miles and friends’ qualitative data analysis techniques, which consist of data condensation, data presentation, and drawing conclusions. The research results show that the tradition of matchmaking in the Islamic boarding school world has given rise to two characters and models of matchmaking in the Islamic boarding school world, firstly the one-way matchmaking tradition which is coercive, and secondly the two-way matchmaking tradition which is not coercive. Salafi Islamic boarding schools which are still conservative still carry out the tradition of one-way matchmaking which is coercive and one-sided, by denying women the opportunity to participate and hear their opinions regarding matchmaking. This results in injustice and tyranny towards women, so the tradition of this type of arranged marriage is contrary to the KUPI fatwa trilogy, because women are positioned as objects rather than equal subjects. However, it should be noted that not all Islamic boarding schools follow the custom of one-way arranged marriage, instead, there is a more egalitarian custom known as two-way arranged marriage, where women are treated as subjects with the same rights and freedoms as men. This is in line with the KUPI fatwa trilogy, because the practice of matchmaking like this is a tradition of fair matchmaking and supports women in order to give birth to ma’rūf (kindness), mubādalah (reciprocity), and true justice. The Miftahul Huda II Bayasari Ciamis Islamic Boarding School is one of the Islamic boarding school institutions that perpetuates the tradition of two-way matchmaking which is non-coercive and in accordance with the spirit of the KUPI fatwa trilogy.
Strengthening the National Waqf Ecosystem through Legal Reform: An Analysis of Waqf Issues in the Provinces of Lampung and South Sumatra Faisal, Faisal; Mu'in, Fathul; Edy, Relit Nur; Indra, Gandhi Liyorba; Santoso, Rudi Santoso
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.9320

Abstract

The study aims to identify waqf issues in Lampung and South Sumatra Provinces and explore potential solutions to develop a national waqf ecosystem that is more responsive to the development of time. This research employed empirical juridical research. The primary data was gathered through observations, interviews, and documentation with waqif (donors), nadzir (the administrators of Waqf), public figures, academics, and BWI (Indonesian Waqf Institution) of Lampung and South Sumatra. The secondary data were gathered from books, laws and regulations, judicial decisions, scientific journals, and websites. This study discovered that the challenges of Waqf in Lampung and South Sumatra Provinces comprised aspects of management and supervision, a lack of socialization and literacy, waqf fraud, and insufficient nadzir (donors) resources for creating profitable Waqf and waqf digitization. The solution is to enhance the national waqf ecosystem by reforming waqf laws to strengthen waqif, nadzir, and BWI. With the renewal of waqf law, a positive ecosystem will emerge, reducing waqf disputes and improving people's well-being.
Islamic Law Paradigm Responding Conflicts of Interest of Economic Development and Ecological Conservation Hifdz al-Bi'ah Perspective Rois, Choirur; Jannani, Nur; Mufid, Moh. Hoirul
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8660

Abstract

This research is aimed to examine the policy paradigm and alignments of the Indonesian government in responding to conflicts of interest in economic development and environmental preservation from the perspective of hifdz al-bi'ah theory and the rules of fiqh taṣarruf al-imān 'ala al-ra'iyah manutun bi al-maslahah. Many polemics on strategic government projects such as the construction of Rempang Eco-City and several similar cases were used as study material. The research used descriptive qualitative methods focused on literature study. The analytical method used inductive descriptive techniques involving legislative approaches, Islamic law, and the theory of hifdz al-bi'ah which originates from the maqashid sharia discourse. The conclusion of this research shows that the interests of environmental preservation must receive priority in every government development policy. The effort of government to accelerate the pace of development must not conflict with aspects of environmental sustainability. The interest in preserving the environment is universal in terms of Islamic legal, socio-cultural, economic, and political norms. The implications of this research emphasize that if the government policy paradigm and development program has the potential to threaten the sustainability of environmental conservation, thus on the basis of welfare the government is not justified in establishing policies that are contrary to the interests of ecological empowerment, either in the form of long-term or medium-term development plans, especially in downstream programs industries that are projected to boost the national economic progress.
Integrating Islamic Criminal Law and International Human Rights Law in Counter-Terrorism Efforts: A Critical Analysis Suleiman, Nashwan Mohammed; Armoosh, Saud Suwaid; Salih, Rami; Al-Obaidi, Salman Husain; Chornomordenko, Dmytro
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.11199

Abstract

The article examines the effectiveness of counter-terrorism strategies in aligning with international human rights law (IHRL) and Islamic criminal law (ICL). The rise in global terrorism has led governments to implement stringent counter-terrorism measures, often resulting in conflicts between maintaining national security and upholding human rights and Islamic legal principles. Through a comprehensive review of international legal instruments, Islamic legal texts, case law, and national counter-terrorism policies, a comparative analysis was conducted to assess the extent of conformity between state measures and international human rights standards, alongside the principles of ICL. The findings reveal that while many countries attempt to incorporate human rights protections and Islamic values into their counter-terrorism frameworks, these efforts are often undermined by practices such as prolonged detention without trial, torture, and restrictions on freedom of expression and association. Furthermore, inconsistencies in the interpretation and application of ICL across jurisdictions were observed. The study concludes that states must balance the imperative of ensuring national security with their obligations under international human rights law and Islamic criminal law. Although it is possible to formulate effective counter-terrorism strategies within these frameworks, governments must remain vigilant and committed to upholding both security and human rights.
Integration of Genetic Resources and Intellectual Property Rights within Global and Islamic Legal Frameworks Shakar, Rana Saad; Najim, Samah Riyadh; Kabrch, Jassim Kadhi; Turchyn, Maryna
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.11269

Abstract

The article evaluates international legal frameworks governing genetic resources and intellectual property rights (IPR), with a focus on their alignment with Islamic legal principles. Given the rapid advancements in biotechnology, genetic resources have become critical assets, raising complex issues related to ownership, use, and equitable allocation, particularly within Islamic contexts. The study conducts a thorough analysis of international agreements, including the Convention on Biological Diversity (CBD), the Nagoya Protocol, and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, alongside core Islamic legal texts. Through examining case law, policy developments, and academic scholarship, the study highlights key tensions, as the CBD and Nagoya Protocol prioritize fair resource distribution and conservation, while TRIPS emphasizes IPR protection, often restricting resource access. Islamic principles such as justice ('Adl'), fairness ('Ihsan'), and stewardship ('Amanah') are explored as foundational ethics that can inform a balanced framework for IPR and resource distribution. Findings indicate that integrating Islamic values with international policies can promote a fairer and more ethical system, ensuring equitable compensation for all stakeholders, especially indigenous and marginalized communities. The study concludes that a unified legal framework rooted in both international and Islamic values is essential to achieve a just balance between IPR protection and the equitable sharing of genetic resource benefits.

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