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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
Revitalizing Sharia Advocates: Reforming the Law on Advocates in Strengthening the Role of Islamic Law in Indonesia Panjaitan, Budi Sastra; Hasibuan, Putra Halomoan; Kurniawan, Puji; Sirait, Adi Syahputra; Ma'mun, Sukron
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.v9i2.10875

Abstract

This study aims to evaluate the urgent need to restore the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates (UUA) to position Sharia advocates as the exclusive legal representatives in religious courts. The research uses a normative juridical method, focusing on the examination of legal norms, rules, and relevant literature. Data were collected through a comprehensive review of legal documents, statutes, and academic sources, and analyzed qualitatively to interpret and critique the legal provisions and their implications. The findings reveal that the current lack of specificity in the advocate profession, particularly in religious courts, has led to the involvement of advocates who may lack the necessary background in Sharia law, potentially harming the legal interests of Muslim clients. The conclusion emphasizes that restoring the Law of the Republic of Indonesia Number 18 of 2003 concerning Advocates to recognize only Sharia advocates in religious courts aligns with the nature of these courts and does not violate human rights. This restoration is vital for protecting the legal interests of Muslims and enhancing the professionalism of Sharia advocates in religious courts, including preparing students of the Faculty of Sharia for specialized legal roles. By promoting legal reforms, the study improves the efficiency of religious courts and ensures better access to justice for Muslim communities.
Revitalizing Intellectual Property Rights in Indonesia: A Maqasid al-Sharia Perspective on Communal Ownership Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Silviani, Ninne Zahara; Rusdiana, Shelvi; Febriyani, Emiliya
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.v9i2.11039

Abstract

Indonesia's diverse cultural heritage significantly contributes to its economic growth, yet the current intellectual property system, based on Western principles, may not fully align with the country's cultural values. This research aims to enhance the legal framework for Indonesia’s communal intellectual property (CIP), by exploring the potentials brought by of Islamic law, particularly Maqasid al-Shariah. For this purpose, this research utilizes the normative legal research method, analyzing relevant norms within existing laws and Islamic legal doctrines, revealing conceptual correlations between Maqasid al-Shariah and CIP. This research also aims to addresses the common misconceptions regarding Maqasid al-Shariah is crucial for effectively utilizing Islamic law principles in Indonesia's legal system. The analysis demonstrates that communal intellectual property aligns with both Western IP principles and Islamic values, as it recognizes the importance of community welfare and individual benefits. Integrating Maqasid al-Shariah values into Indonesia's CIP legal framework can promote a more inclusive, equitable system that respects collective knowledge and cultural heritage while fostering innovation and creativity.
Optimizing Prenuptial Agreements for Asset Protection: A Maqashid Sharia Based Approach Rohmadi, Rohmadi; Faizin, Muadil; Zain, R. Dedy Chairil; Nasution, Yenni Samri Juliati; Suhardiman, Suhardiman
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.v9i2.11064

Abstract

This research aims to explore the optimization of PNAs for asset protection by integrating the principles of maqashid sharia, which emphasize the protection of religion, life, intellect, progeny, and wealth. The high divorce rates in Indonesia, mainly due to online gambling, highlight the vulnerability of asset protection at the beginning of marriage and underscore the importance of prenuptial agreements (PNAs). This research uses a qualitative approach with normative juridical analysis methods. Secondary data was obtained through critical analysis of related literature, including the Indonesian Marriage Law, previous academic studies, and other legal documents related to the PNA. The descriptive-analytical method is used to evaluate the effectiveness of PNA in protecting assets based on maqasid sharia principles. The main question addressed is how PNAs can be effectively utilized to safeguard personal assets and reduce conflicts within marriage. This study critically analyzes Law No. 16/2019 Indonesian Marriage Law and suggests improvements to enhance the effectiveness of PNAs. The analysis reveals that detailed provisions on the content of PNAs, simplification of the legalization process, mandatory legal consultation, and enhanced public education are essential for optimizing asset protection. The findings underscore the necessity of PNAs in providing legal certainty, promoting justice, and ensuring the welfare of both parties in marriage, aligning with the maqashid sharia principles. This research contributes to the existing literature by offering a new perspective on applying Maqashid sharia in PNAs and provides practical guidelines for drafting effective and Sharia-compliant PNAs.
Penetration of Muamalah Jurisprudence into Indonesian Law Husni, Husni; Khairat, Miftahul
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.v9i2.11116

Abstract

This research aims to elaborate the penetration of fiqh muamalah into the Indonesian legal system, especially in laws and regulations related to Islamic financial institutions. One fact is that the nomenclature of muamalah and/or fiqh muamalah is not found at all in legislation and legal system. However, in other reality, substantively, fiqh muamalah has become an integral part of the Indonesian legal system, at least as evidenced by the positivization of fourteen laws and regulations related to Islamic financial institutions. The study uses a descriptive qualitative method that focuses on the analysis of legal documents. The analysis method used is a normative descriptive technique involving a historical approach to Islamic law in the context of Indonesia. The findings of this study reveal that the penetration of fiqh muamalah into the Indonesian legal system does not only occur at the theoretical level, but has also had a real impact on the legal culture, legal structure, and legal substance of Indonesian law. At the level of legal culture, muamalah has become an attitude and legal awareness in the form of beliefs, values, ideas, and expectations of the community. As a legal structure, muamalah already has state institutions and their enforcement organizations. In addition to the House of Representatives, which carry out the role of legislation with the government, the legal norms of muamalah have been implemented by Islamic banking institutions, Islamic capital markets, Islamic insurance, Islamic pawnshops, and other Islamic microfinance institutions. Meanwhile, in terms of legal substance, the legal norms of muamalah have manifested into various laws and regulations related to economic and social activities, which are basically related to the determination of sharia principles as the main reference for the activities of financial institutions, the use of muamalah contracts in sharia economic activities, and the criminalization of violations of sharia principles.
A Comparative Analysis of Minority Political Participation from an Islamic Perspective in Indonesia and Singapore Syarif, Mujar Ibnu; Kharlie, Ahmad Tholabi; Purkon, Arip
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.v9i2.11124

Abstract

This study aims to examine the Islamic political concept of minority political participation and compare its implementation in the contexts of Indonesia and Singapore. The research is a qualitative study utilizing a comparative method, combined with descriptive and analytical approaches. The data sources are twofold: primary sources, such as the Constitutions of the Republic of Indonesia and Singapore, and secondary sources, including several academic works relevant to the research topic, sourced from both print and online media. Data analysis was carried out in four stages: data collection, reduction, presentation, and conclusion drawing. The findings of this study indicate that political participation refers to the actions of citizens to influence government policies, enabling the government to be guided towards issuing egalitarian policies. Minorities in Indonesia include Protestants, Catholics, Buddhists, Hindus, and Confucians, while minorities in Singapore comprise Muslims, Christians, Hindus, Confucians, Taoists, and atheists. Indonesia is a moderate country that blends Islamism and secularism, whereas Singapore is a secular state. The conclusion of this study reveals that most Islamic scholars argue that non-Muslim minorities cannot fully participate in politics unless in emergency situations. On the other hand, liberal Muslim intellectuals believe that non-Muslims can fully participate in politics, even outside of emergency contexts. The majority of Muslim intellectuals in both Indonesia and Singapore allow full political participation for minorities, including becoming president, as there are no restrictions in either country preventing minorities from holding the presidency. The comparative analysis shows that minorities in both Indonesia and Singapore have equal standing with the majority. However, in Indonesia, no minority has yet succeeded in becoming President, whereas in Singapore, Halimah Yacob, a Muslim minority, became the country’s first female president.
The Impact of Islamic Law on Human Rights Abuses in Conflict Zones Abduljabbar, Firas Meshhal; Ahmed, Sundus Serhan; Abdulameer, Nibras Arif; Jawad, Haider Mahmood; Umirbekovna, Kubeeva Zhanar
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.v9i2.11165

Abstract

The article explores the interplay between international law and Islamic jurisprudence in mitigating human rights violations in conflict zones, emphasizing compliance and enforcement challenges. Given the persistent human rights abuses in crisis areas, ranging from torture to extrajudicial killings, this study highlights the role of international conventions and treaties in curtailing such breaches. Employing a mixed-methods approach, the study quantitatively evaluates human rights violations against international treaties and Sharia principles over the past 30 years, alongside qualitative case studies that consider geopolitical contexts and the influence of international organizations. Preliminary findings indicate that while some infractions have declined in nations that actively engage with international bodies and adhere to Sharia principles, others persist, particularly in regions lacking effective international oversight. The article concludes that both international and Islamic legal systems must reassess their frameworks to enhance human rights protections, as the enforcement of treaties and Sharia laws remains challenging in wartime contexts. Strengthening the integration of Islamic jurisprudence within international law may offer additional avenues for safeguarding human rights in these vulnerable areas.
Islamic Legal Perspectives on Climate Change and Global Policy Frameworks Hussein, Jasim Mohammed; Abdullah, Sawsan Khairy; Dahash, Zahraa Mahdi; Zuhair, Mohammed; Maksutalievna, Asanalieva Meergul
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.v9i2.11185

Abstract

This article explores the intersection of climate change and Islamic law, analyzing how Sharia principles may enhance and support global environmental policies. The study aims to address the urgent need for ethical frameworks in environmental action by examining Islamic jurisprudence’s approach to stewardship (Khilafah), justice (Adl), and protection for vulnerable populations. Using a comprehensive literature review and case studies, this research investigates the relevance of Islamic law and international legislation on climate change. Islamic principles offer unique perspectives on environmental governance that prioritize equity and communal responsibility, bridging gaps in existing global policy frameworks. Findings reveal that integrating Sharia-based ethics can promote more inclusive and justice-oriented climate policies. This integrative approach underscores the potential of Islamic legal principles to strengthen and diversify international climate action, contributing to more equitable and effective solutions. By incorporating Islamic legal concepts, this study provides insights into developing a robust, ethical foundation for global climate governance.
The Intersection of Global Legal Frameworks and Islamic Judicial Principles in Post-Conflict Reconstruction and Peace building Nazem, Suhaba Nizar; Jasim, Ammar Khadim; Turki, Mohammed; Al-Musawi, Oudha Yousif Salman; Khlaponin, Dmytro
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.v9i2.11201

Abstract

The article explores the integration of international law and Islamic judicial principles in post-conflict reconstruction to foster long-term peace. The research aims to assess how these legal frameworks contribute to governance, human rights, and reconciliation in societies recovering from war. Utilizing a qualitative methodology, the study analyzes case studies and legal documents to examine the effectiveness of combining international and Islamic legal systems in addressing post-conflict challenges. The findings reveal that while international law provides a foundation for accountability and normative standards, its universal application often neglects local traditions and culturally rooted dispute-resolution processes critical for sustainable peace. By incorporating Islamic judicial principles, which emphasize justice, reconciliation, and community involvement, these gaps can be addressed effectively. The study concludes that the integration of Islamic judicial concepts with international legal norms offers a culturally sensitive approach to rebuilding post-conflict societies, enhancing local ownership and sociopolitical alignment. This nuanced framework holds the potential to strengthen governance structures and promote enduring peace.
UNCLOS' Role and Limitations in Resolving Marine Territorial Disputes: Integrating Islamic Jurisprudence for Enhanced Effectiveness Ali, Saleh Hussain; Resen, Sami Hammadi; Subhi, Anas Akram Mohammed; AlShaeer, Mahmood Jawad Abu-; Chornomordenko, Ivan
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.v9i2.11323

Abstract

The article critically examines the United Nations Convention on the Law of the Sea (UNCLOS) and its limitations in addressing marine territorial disputes, especially in regions where Islamic jurisprudence holds influence. Given the strategic and resource value of marine territories, international conflicts frequently arise over these areas. While UNCLOS aims to regulate and resolve such disputes, its effectiveness is hindered by geopolitical power dynamics and enforcement challenges. This research utilizes a mixed-methods approach, involving an extensive review of historical conflicts governed by UNCLOS, along with qualitative interviews with diplomats, international law experts, and Islamic legal scholars. Findings reveal that while UNCLOS establishes a formal legal framework for marine claims, its application often falls short in regions where political interests supersede legal protocols. Integrating principles of Islamic jurisprudence, particularly justice, equity, and mutual respect, can offer alternative pathways to enhance UNCLOS's efficacy in dispute resolution. The article concludes that incorporating Islamic legal principles could address UNCLOS’s shortcomings, fostering a more harmonious and cooperative maritime environment in geopolitically sensitive areas.
Revitalizing ‘Urf in State Legal Development: The Case of Minangkabaunese Marriage Traditions Zulkifli, Zulkifli; Zikri, Ahmad; Artiningsih, Dwi Wahyu; Zainuddin, Zainuddin; Helim, 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.v9i2.11034

Abstract

This article aims at explaining the marriage regulations in several Minangkabau regions which contribute to the enforcement and development of state law. These marriage rules have become a tradition that must be obeyed by the Minangkabaunese and recognized by Sharia, which in this case is categorized as ‘urf shahih. This research was conducted by using qualitative method. It was done by inventorying several marriage rules that are still applied by the Minangkabaunese and recognized by Sharia. The data were analyzed for their conformity with the provisions of marriage law established by the state. This research found that several forms of regulations are still applied and contribute to the development and enforcement of state law such as traditions before marriage, the process of getting married and living in the household, as well as when problems arise in the household and divorce. This ‘urf needs to be re-actualized to achieve good state law enforcement. This research confirms the need for the state to consider local traditions (‘urf) in developing and enforcing laws.

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