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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 20 Documents
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Search results for , issue "Vol 9 No 2 (2024)" : 20 Documents clear
Between Flogging and Imprisonment: The Disparity Effect of the Sharia Court's Decision on the Supremacy of the Qanun Jinayat of Aceh Salma, Salma; Rama, Alfi Syukri; Jarudin, Jarudin; Samsudin, Muhammad Adib bin; Fadhilah, Defi Rahmi
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.8397

Abstract

This research aims to map the same cases with different sentencing decisions, determine the causes for the disparities in penalties in those decisions, and elaborate on the reasons for judges in making decisions. Qanun Jinayat of Aceh has designated flogging as the primary punishment for qanun violators. Nonetheless, many Sharia Court judges sentence offenders of sexual crimes to prison. This is empirical legal research with a normative juridical approach and a Sharia approach. Data were collected through interviews and the examination of decision documents. Those data were analyzed using data reduction, data display, and data verification. This research found that the same cases with different decisions include cases of rape, sexual harassment, and accusations of adultery. More prison sentences are imposed by Sharia Court judges in these cases than flogging and fines. The fundamental reason for these differences in decisions is due to the qanun's punishment choices, which are tinted by judges' perspectives in assessing Sharia-based qanun rules. Another factor for this disparity is the community's insistence that cases of rape and sexual harassment be punished by imprisonment or the authority to be remanded to the District Court. Some people argue that flogging has not deterred the perpetrators because, if the judge decides on this sentence, it may be carried out in a short time. Then, the perpetrator immediately returns to society and has an opportunity to repeat his crimes, while the victim is still in a traumatized state.
The Interaction and Acculturation of Islamic Law and Rejang Customary Law in Rejang Lebong Regency Mabrursyah, Mabrursyah; Marhayati, Nelly; Habiburrahman, Habiburrahman; Yasmin, Anida; Yusro, Ngadri
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.9052

Abstract

The Rejang people are one of the ethnic groups inhabiting Bengkulu Province, possessing a unique language and script. Over time, it is suspected that interaction and acculturation have occurred between Islamic teachings and the customs of the Rejang people, with Islamic values exerting a significant influence on their way of life. The aim of this research is to identify the various types of customary law practiced by the Rejang people and to explore the interaction and acculturation between Islamic law and Rejang customary law in Rejang Lebong District. To achieve this goal, the study employed a normative empirical method with a qualitative approach, which included legal document analysis, as well as direct observation and interviews. The findings revealed two main conclusions: First, the types of Rejang customary law in Rejang Lebong District encompassed various rules within the categories of customary law such as cepalo mato, cepalo mulut, cepalo tangan, cepalo kaki, and cepalo telingo. These rules reflected strong values and norms that regulated individual behavior and social interactions within the community. In cases of more serious violations, such as adultery and immorality involving the abduction of another man’s wife, Rejang customary law enforced stricter measures such as flogging and cuci kampung (community cleansing rituals). Second, there was a mutual interaction between the universal values of Islam and the unique local customs, resulting in a distinctive form of Islamic culture. The process of acculturation between Islamic law and Rejang customary law created a unique form of Rejang customary law that did not conflict with the principles of Islamic law.
Artificial Intelligence in the Era of Society 5.0: Compromising Technological Innovation Through theWasathiyyah Approach within the Framework of Islamic Law Kosasih, Engkos; Islamy, Mohammad Rindu Fajar; Wiwaha, Rizzaldy Satria
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.9596

Abstract

This research aims to investigate the legality of using ChatGPT in education from the perspective of the Muslim community, focusing on ethics, Islamic law, and Islamic values. Since the emergence of Artificial Intelligence (AI) in the early 2020s, public debates on AI have generated both support and criticism. Western scholars such as Kelly Ann Allen, Joseph A. Crawford, and Ricky Acanto argue that AI significantly contributes to enhancing learning, personalizing instruction, and managing resources. However, concerns have arisen regarding the negative impacts of AI, such as cheating and plagiarism. Islam, as a timelessly relevant religion, offers wise solutions to these issues. This empirical study employs a literature review approach using the Systematic Quantitative Literature Review method to map the dynamics of the AI ChatGPT discussion among scholars. This study adheres to Miles and Huberman’s three stages of data analysis: data display, reduction, and conclusion. The research findings indicate that internalizing the values of Wasathiyyah is crucial for developing a broad perspective on societal acceptance of AI ChatGPTs. Religious moderation emphasizes that Islam does not reject AI, but rather emphasizes the importance of mitigating its negative effects. With proportional policies, AI is expected to collaborate with humans to accelerate civilization forward.
The Role of Customary Law in Family Resilience and Divorce Prevention: Phenomenological Studies in Indonesia Usman, Munadi; Abdullah, Abdullah; Kafrawi, Kafrawi; Jafar, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.9685

Abstract

Based on data released by the Central Statistics Agency, the divorce rate in Indonesia continues to increase every year due to various factors behind it. The rise of divorce and the fragility of family resilience is partly due to the ineffectiveness of customary law in preventing this. So this research was conducted to examine the existence of customary law in creating family resilience and preventing divorce. This type of research is descriptive-qualitative with a phenomenological approach. Data collection was carried out through focus group discussions (FGD) with traditional leaders about customary rules that are applied to create family resilience and prevent divorce. The research results show that traditional institutions have made customary regulations to create family resilience and prevent divorce, including making customary rules to minimize divorce, requiring prospective brides and grooms to take pre-marital courses, resolving husband and wife conflicts and preserving marriage traditions. However, the application of customary law in creating family resilience and preventing divorce faces a number of internal and external challenges. Internally, the obstacles include weak competence of traditional leaders in carrying out their functions as executors of customary law, decreased public trust in traditional leaders, and decreased public awareness of implementing customary law in marriage processions. External challenges include government policies that amputate the role of customary law in society, and the lack of government support for customary institutions. So the role of customary law needs to be revitalized as local wisdom which really functions to solve various problems in society.
Regional Autonomy System: Delegation of Authority and Power of Regional Government in Indonesia in the Study of Fiqh Siyasah Mukhlis, Muhammad Mutawalli; Maskun, Maskun; Tajuddin, Muhammad Saleh; Aslan, Jamal; Hariyanto, Hariyanto; Samosir, Hotlan
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.9709

Abstract

This research aims to find out the implementation of regional autonomy in Indonesia in general and also to find out about Fiqh Siyasah's view on the implementation of regional autonomy in Indonesia. A qualitative approach was used in conducting this research and data was obtained through relevant literature studies. The result, Islam provides space for ijtihad in the area of ​​siyasah or state politics provided that it is done to achieve the goals of benefit and justice as well as the welfare of the general public. One of the things related to the siyasah area is related to the implementation of regional autonomy in Indonesia. Basically, the provision of regional autonomy in Indonesia is a space to provide opportunities for each region in this country to explore and develop the potential of each region in order to provide prosperity for regional communities. The conclusion, this article highlights the importance of local government autonomy within a federal structure to encourage grassroots democracy and self-governance. Islamic law does not have specific rules regarding regional autonomy, and this concept emerged during the reform era to promote justice and prosperity. However, Islam still acknowledges the concept of baldatun thayyibatun, which is based on the Qur'an and the Sunnah of the Prophet.
Beyond Borders: Shedding Light on Foreign Bribery through an Islamic Legal Lens Sauni, Herawan; Fernando, Zico Junius; Putra, David Aprizon; Virdaus, Saivol; Hardinanto, Aris
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.9752

Abstract

This research examines the urgency and challenges of eradicating foreign bribery in Indonesia, utilizing the perspective of Islamic law as an ethical and moral framework. Although Indonesia has committed to the eradication of corruption through ratification of the United Nations Convention against Corruption (UNCAC) and participation in the G20 Anti-Corruption Working Group, the persistence of a stagnant Corruption Perception Index (CPI) score and the absence of specific regulations on foreign bribery indicate a gap between international commitments and domestic implementation. Through a normative legal method, this research analyzes the legal framework and corruption eradication practices in comparison to the principles of fairness, transparency, and accountability in Islamic law. The results show that there are significant gaps in the regulation and practice of combating corruption, especially in relation to combating foreign bribery. This research recommends reforming regulations that not only meet international standards but also accommodate ethical and moral values from Islamic law, as well as emphasizing the importance of international cooperation based on the principle of solidarity in goodness. Efforts to eradicate foreign bribery in Indonesia require a comprehensive approach, combining legal reform, integration of Islamic values, and strengthening international cooperation, to increase the effectiveness of the fight against corruption and strengthen integrity and public trust.
Implementing the Concept of Co-Parenting in Divorce Cases: An Analysis Using the Maslahah Approach Turnip, Ibnu Radwan Siddik; Harahap, Sumper Mulia; Talli, Abdul Halim; Arminsyah, Arminsyah; Sebyar, Muhamad Hasan
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.10117

Abstract

This study aims to analyze the application of child rights protection in divorce decisions at the Cirebon Religious Court and explore ways to optimize this protection using the maslahah approach. Divorce significantly impacts the physical and mental development of children, often resulting in a weakened next generation due to the lack of fulfillment of children's rights post-divorce. The research employs a normative juridical method, incorporating statute, case, and conceptual analyses to provide a comprehensive understanding of the current legal landscape and its shortcomings. The findings reveal that while the inclusion of children's rights in divorce decisions is crucial, it remains optional rather than mandatory. This oversight leaves many children vulnerable, as their rights are not consistently safeguarded in the aftermath of their parents' separation. Currently, no regulation mandates the inclusion of children's rights in divorce decrees, limiting judges to act only on explicit petitions. This study highlights the effectiveness of the Maslahah approach in ensuring that children's rights are prioritized, recommending significant legal reforms to make the inclusion of these rights mandatory in divorce rulings. Such reforms would provide a robust legal foundation to safeguard children's human rights post-divorce, covering aspects such as education, health, and protection from parental conflict. By implementing these recommendations, we can enhance the well-being of children affected by divorce and ensure their rights are consistently protected.
Contextualisation of Reciprocal Alues in Fulfillment Aliqah as an Effort to Strengthen the Family Firdawaty, Linda; Zuhraini, Zuhraini; Fajar, Mokhammad Samson
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.10215

Abstract

This study aims to explore the form of the absence of reciprocal or mutuality values that lead wives to file for a divorce, the factors causing the non-implementation of reciprocal values in financial support, and strategies for family strengthening. This research is a qualitative descriptive study based on the increasing trend of divorce cases filed by wives. Data was gathered from online news about the trend of divorce lawsuits triggered by either the wife's or husband's failure to apply reciprocal values.   Interviews were conducted with maslahah family counselors, heads of religious affairs office, female scholars, academics, and judges of religious courts about the reasons wives file for divorce and efforts to strengthen families. Analysis was done qualitatively using the theories of mublà and social adaptation. The findings indicate that the absence of reciprocal values is triggered by gender-biased understanding dominating classical scholars' mindsets, which rely on patriarchal ethics and greatly favour men. This gender bias is implemented in Indonesian marriage regulations and becomes ingrained in the subconscious of society. The gender bias is implemented in Indonesian marriage regulation and becomes ingrained in the subconscious of humanity. Consequently, the obligation of financial support is seen as an absolute duty of the husband, without considering specific circumstances such as illness, disability or imprisonment, which may prevent the husband from fulfilling his obligations. On the other hand, when a husband cannot provide financial support, he is also unwilling to share domestic responsibilities, causing the wife to bear a double burden. As a result, conflicts and violence often occur. Therefore, there is a need to reinterpret the concept of financial support by following the messages of the Quran and the dynamics of modern society, implementing reciprocal values, and adapting roles. Socialising reciprocal values to all elements of society through relevant institutions and social media is essential for realising family strengthening.
From Conflict to Peace: Fuqaha Political Exegesis on Israel's War Crimes in Palestine Basid, Abdul
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.10597

Abstract

The aims of this research are to analyse the contributions of Indonesian netizens' comments regarding Israel's war crimes in Palestine and to examine the contributions of fuqaha's political exegesis towards peace politics in addressing these crimes. The study provides insights into Indonesian netizens' views and the role of fuqaha in promoting sustainable peace. Using an in-depth qualitative method and textual analysis, the research focuses on fuqaha interpretations of Israel's war crimes, the two-state solution, Palestinian independence, and the role of Islamic law in peace and reconciliation. Participants include fuqaha experts, Islamic studies and international law academics, and Indonesian netizens selected for their expertise. Data collection involves analyzing war crimes documents, two-state resolution texts, and public forum comments. Thematic coding identifies patterns in the data. Findings show Indonesian netizens' strong opinions on social media, calling for accountability for figures like Netanyahu and urging ICC action. Fuqaha, like Al-Shafi'i, Al-Shaukani, and Al-Zuhaily, emphasise peace and justice, condemning Israel's violations of international law. They advocate for integrating Islamic principles into political and social approaches to achieve lasting peace.
Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation Analiansyah, Analiansyah; Dhiaurrahmah, Dhiaurrahmah; Jamhuri, Jamhuri; Salam, Abdul Jalil; Iskandar, Mizaj
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.10833

Abstract

This study aims to assess and elucidate the influence of polygamy on domestic violence as reflected in the Sharia Court rulings in Aceh, as well as the viability of polygamy as a justification for granting divorce petitions. The study of this topic is significant since Islam essentially allows polygamy, provided that men can behave justly. The divorce ruling at the Sharia Court in Aceh revealed that polygamy led to the neglect of women and other forms of domestic violence. Unfortunately, Indonesian laws and regulations do not acknowledge polygamy as a valid ground for women to petition for divorce. The study is normative juridical review in nature. The data source is a judicial ruling. The data is examined under a women's protection framework. The findings indicate that the wife initiated divorce proceedings against her husband for practicing polygamy, which contravened Indonesian marital law and the Compilation of the Islamic Law, namely polygamy conducted without the wife's consent. Furthermore, polygamy often leads to domestic abuse against the wife. Polygamy can be categorized as irresponsible when practiced by a husband lacking steady economic resources, resulting in the neglect of women and their children. This polygamy is likewise deemed a contravention of the rules of marriage in the Islamic jurisprudence. At the present time, polygamy is not recognized as the reason for divorce in the Indonesian law. This study advocates for the inclusion of polygamy without consent as a legal ground for divorce, as the current legislation recognizes only physical domestic violence as a valid justification for divorce.

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