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Al-Istinbath: Jurnal Hukum Islam

alistinbath
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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 234 Documents

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The Concept of Baligh Perspective of Fiqh and Positive Law Amin, Ibnu; Lendrawati, Lendrawati; Efendi, Faisal; Hertasmaldi, Hertasmaldi
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to elaborate the concept of baliqh from the perspective of fiqh and Positive Law in Indonesia as the fuqaha's opinion about baligh and adult in Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, Law No. 24 of 2013 concerning Population Administration and Law No. 35 of 2014 concerning Child Protection. The research method used is a literature study by tracking, comparing and analyzing doctrinal normative law through a qualitative approach in content analysis about baligh and adulthood. The results of the research revealed that baligh in fiqh with the rusyd benchmark when referring to the signs of puberty, namely ihtilam (wet dreams for men), menstruation (for women), hair growth around the pubic and age ranges from 15 to 19 years. Whereas, in the Indonesian Positive Law, adults are classified based on interests, namely adults for marriage age limit of 19 years for men and women, adults to have population administration (KTP), driver's license and have political rights at the age of 17 years. To determine the limit of children, notary position and citizenship age 18 years while income tax, free from guardianship and recognized as labor at the age of 21 years. The determination of the limits of puberty and adulthood is included in the category of mashlahah 'ammah, namely the general benefit that concerns the interests of many people.

Fiqh al-Hadis Etika Bisnis (Tinjauan Kesahihan dan Pemahaman) Busra Febriyarni
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 2 December (2016)
Publisher : Institut Agama Islam Negeri Curup

Business ethics will have an important meaning in providing insight to the business world in the future. The phenomenon of developing of business ethics is not lately simply one because of demands of reality of atmosphere turn more deepened but because the behavior of the perpetrators is getting away from the majesty of moral values (ethics). Nowadays, it has expanded the realm of Islamic economic studies at various universities.In the Indonesian context, the presence of business ethics is very urgent to look at the reality of corruption, collusion, nepotism, monopoly and others are increasingly grow and spread. These practices are highly contrary to the ethics that have been inscribed the Prophet Muhammad., as al-Amin in affairs of commerce. Prophet teach some principles in commerce include: honest, not cheating, ban of “najasy” selling, ban of “ihtikar” or monopoly and the payment of wages before his sweat dries. When some of these principles have been implemented well, then good luck and blessing in business will be acquired in the world and in the hereafter. The fifth hadith in this researchare “maqbul”in quality or acceptable (“saheeh” and “hasan”). Keywords: Business Ethics, Hadith Truth, Hadis Comprehension

Perkawinan Lesbian, Gay, Biseksual, dan Transgender dalam Perspektif Hukum Islam dan Hukum Positif Mulyono Mulyono
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019)
Publisher : Institut Agama Islam Negeri Curup

This article aims to conduct an in-depth comparison of LGBT marriages in the perspective of Islamic law and positive Indonesian law.This is a study on normative laws (doctrine) using deductive logic in analyzing primary and secondary legal materials. The results of this study are (1) in the perspective of Islamic laws, same-sex marriage among LGBT is forbidden since it violates the nature and is contrary to maqasid syariah in the sense that it could threaten the essential needs of existence of human beings such as not preserving religion, soul, descendants, mind and honor; (2) in the perspective of positive laws in Indonesia, the state allows merely the marriage between male and female and that it should be in accordance with their religion. Meanwhile, all religions in Indonesia, including Islam, forbid same-sex marriage. Therefore, marriage among LGBT is unlawful and as a result the state does not guarantee their prosperity.

Maqasid al-Syariâ€™ah dalam Penegakkan Hukum Lalu Lintas di Indonesia Busriyanti, Busriyanti
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 1 May (2021)
Publisher : Institut Agama Islam Negeri Curup

The high number of traffic accidents in Indonesia occurred because the traffic law enforcement does not run optimally. This paper tried to explore the rules regarding the traffic that have been contained in the form of Law no. 22 of 2009 concerning Road Traffic and Transportation and other regulations from an Islamic legal point of view, especially through the study of maqashid al-shariâ€™ah. The maqashid al-shariâ€™ah approach is used as an approach because maqashid explains the wisdom behind the rules of Islamic shariâ€™ah. The maqashid approach used by the author in this paper is the maqashid classification used by Jamaluddin al-Athiya which divided maqashid into four domains, they are maqashid al-shariâ€™ah in the individual realm, maqashid al-shariâ€™ah in the family realm, maqashid al-shariâ€™ah in the realm of the ummah and maqashid al-shariâ€™ah in the realm of humanity. It can be concluded that law enforcement in traffic matters in Indonesia is in line with the objectives of maqashid al-shariâ€™ah relating to maqashid al-ummah, especially in terms of maintaining stability, security, and justice. Regulations concerning traffic order are matters of the nature of dharuriyyat at this time because the existence of rules regarding traffic will protect matters that are essential in human life, they are religion, soul, mind, descent, and property.Â

Urf Review of The Practice of Gold Marriage Mahar in The Community of Tanjung Senang District Bandar Lampung Efrinaldi, Efrinaldi; Jayusman, Jayusman Jayusman; Shafra, Shafra; Nurfatati, Nurfatati
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to reveal and analyze the practice of marriage dowry in the form of gold in the people of Tanjung Senang District, Bandar Lampung in the perspective of 'urf. The method used in this research is a descriptive analytical field research. Primary data in the form of interviews with the community in Tanjung Senang District, Bandar Lampung, then supplemented with secondary data. The results of this study indicate that: the tradition of the people of Tanjung Senang District, Bandar Lampung, it appears that the dowry in a marriage must be in the form of gold, whereas in Islamic law the form of the dowry is not determined in marriage, everything that has value can be used as a dowry. For the people here, dowry other than gold is considered unusual, the tradition of dowry in the form of gold is inherent, this tradition is considered good, it does not conflict with Islamic law, and brings benefit to society in general. This tradition is a form of love and affection, sincerity, and responsibility for the prospective husband to his prospective wife. The nominal is related to the level of education, social status, ethnicity, and profession based on the agreement of the parties. The conclusions of this study are: in the perspective of Islamic law, by referring to the rules of urf, that is to see the traditions/customs that have been attached to the community, and to see the philosophy of the practice of giving dowry as a form of appreciation for the social status of a woman, with the practice of giving this dowry is to achieve a benefit between the two prospective brides and even between large families, then it is not against Islamic law.

Korelasi Historisitas Ilmu Hisab Rukyat Dengan Perkembangan Peradaban Islam Li'izza Diana Manzil
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

Few people, especially the layman who understands that the science of reckoning and rukyat can also be called as the science of falak (islamic astronomy). This is caused in the implementation of islamic astronomy science found manythe practice of reckoning (calculation) and rukyat (observation). If you look a few years ago, the practice of hisab rukyat has been implemented by Rasulullah SAW even before Islam came. In history noted the development of the science of hisab rukyat experienced rapid development in the Islamic world. it proven from the birth of a number of intellectual Muslim who are proficient in the astronomy, astrology, mathematics and other exact science. In addition, the number of writings and instruments created can not be denied Islamic civilization continues to experience the golden age. From this, it clearly shows the historicity of the science of hisab has an important correlation to Islamic civilization, such as in the calculations and studies of sky object for the practice of Falak Science experience the level of carefulness more accurate. So rapid the science of hisab rukyat science from the era of the Prophet until the modern era shows that Islamic civilization also experienced rapid development along the course of history.

Implementasi, Kendala dan Efektifitas Kursus Pranikah di KUA Kecamatan Pontianak Tenggara Hakim, Muhammad Lutfi; Sugianto, Sugianto; Muala, Asyharul; Khamim, Khamim; Ismail, Habib
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

This article is aimed to explain the implementation of the premarital course, the constraints, and the effectiveness of the Regulation of Director General Bimas Islam No. DJ. II/542 Years 2013 concerning the Guidelines on the Implementation of the Premarital Course in the KUA Southeast Pontianak Sub-District. That is because KUA Southeast Pontianak Sub-District did not implement this provision optimally. The type of research the author uses is empirical legal research with a sociological-juridical approach. There are three research results in this paper. First, the premarital course in the KUA Southeast Pontianak Sub-District is held once a week. The resource person delivered four materials with the lecture and answer method, namely reproductive health, reproductive health, marital law, fostering sakÄ«nah families, and the resilience of families. These materials are submitted by the Officers of the Health Service, Head, and the Functional Headman (Penghulu) KUA Southeast Pontianak Sub-District. After attending a premarital course, the bride candidate received a certificate from BP4. Secondly, there are two obstacles experienced by the KUA Southeast Pontianak Sub-District that have not fully implemented the Regulation of Director General Bimas Islam No. DJ. II/542 Years 2013, namely the absence of fees for the Speakerâ€™s honorarium and yet to be present and the management of the leadership related to the implementation. Third, the guidelines for administering prenuptial courses have not been effectively implemented at KUA Southeast Pontianak Sub-District, because there are no derivative rules from these regulations (substance), the unreadiness of officials and employees in implementing them (structure), and the publicâ€™s assumption that prenuptial courses are only a formality (legal culture).

Zakah and Waqf for Cryptocurrency in Islamic Law Bintarto, Muhammad Al Ikhwan; Setiawan, Yudi; Alqarni, Muhammad Uwais; Hilmi, Faishal
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Cryptocurrency is a virtual currency based on block chain. Yet, some countries forbid it as a means of payment in transactions. It can only be used as diversification in investment. In fact, cryptocurrency is a liquid asset even though it fluctuates. In Islam, there are different views whether cryptocurrency can be assets or can be zakah, infaq, sadaqah, and waqf. The object of this study is to answer whether the crypto can be al-amwal azzakawiyah or something that can be zakah and waqf which can be maslahah for the society. Another purpose of this research is to enlighten about zakah and waqf managers on what cryptocurrency is for. The theory used is the theory of zakah and waqf in Islam. This is a qualitative study with a conceptual approach and an Islamic law approach. The result of this research is that cryptocurrency can be said as wealth or al-maal that can be zakah, infaq, and waqf because it has fulfilled several requirements to be classified as wealth or al-maal in Islam.Â Zakah calculation of crypto currency must exceed the nisab 2,5% equivalent to 85 grams of gold, the owned can already be an object of zakah.

The Problems of Siri Marriage for Women in Tambang District, Kampar Regency: A Gender Swot Analysis Study Nelli, Jumni
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to reveal the problems of sirri marriage, and find a solution. Sirri marriages, which are considered religiously valid, have caused many problems that have an impact on women's losses. But there are still many women who are comfortable doing it. This study used a SWOT gender analysis data analysis. The results of this study revealed that in general sirri marriages were carried out for reasons of wanting to obtain religious legitimacy, so as to create inner peace, at least avoiding immoral acts. The basic problems felt by women who do unregistered marriages are psychological problems and mental stress as a result of legal uncertainty about their marital status. Seeing more weaknesses and threats that occur in sirri marriages, then the existing advantages will not be able to overcome the problems faced unless they take advantage of existing opportunities, namely itsbat nikah. According to Islamic marriage law, if the consequences of marriage are known to be strongly suspected of causing harm, then the law is haram. Furthermore, it is necessary to enter registration as a condition for a valid marriage.

Ushul Al-Fiqh Dan Kontribusinya (Konsep Ta’wil dan Relevansinya Dengan Pembaharuan Hukum Islam) Syarial Dedi
AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 2 December (2017)
Publisher : Institut Agama Islam Negeri Curup

The ta’wil is a method of istinbath al-ahkam from texts (nash). In principle ushuliyyin agreed to say the use of ta’wil, if it’s meets the existing requirements, this ta’wilis called by the trem ta’wil maqbul, that is ta’wil wich not far from the meaning of zhahir, so that with simpleintructionscan be understood. But if the ta’wil is based only foundation to impulses and unfulfilled conditions,the trasnforming of meaning of lafazh wich away from, can’t be known by a dalil of simple proposition. So this ta’wil like this is rejeced or termed is ta’wil ghair al-maqbul. But in determining of dalil of ta’wil (argumantation support), the are differencesof opinion among ushuliyyin, thus are raising the trem ta’wil baid. overall, method of ta’wil is still considered relevant to the reform of Islamic law.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Musda Asmara

Contact Email al-istinbath@iaincurup.ac.id

Phone +6285274234274

Journal Mail Official al-istinbath@iaincurup.ac.id

Editorial Address Umea' Jurnal IAIN Curup Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu 39119

Location Kab. rejang lebong, Bengkulu INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

Contact Name
Musda Asmara

Contact Email
al-istinbath@iaincurup.ac.id

Phone
+6285274234274

Journal Mail Official
al-istinbath@iaincurup.ac.id

Editorial Address
Umea' Jurnal IAIN Curup Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu 39119

Location
Kab. rejang lebong,

Bengkulu

INDONESIA