cover
Article Per Year (5 Year)
All
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
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 234 Documents
 10   11   12   13   14 
Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah) Elkhairati Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.587 KB) | DOI: 10.29240/jhi.v3i1.403

Abstract

This article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).
Kebijakan Pemerintah Indonesia dalam Pencegahan Penyebaran Corona Virus Disease 2019 (Covid-19) Perspektif Maqashid Syari’ah Anshor, Ahmad Muhtadi; Muttaqin, Muhammad Ngizzul
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.082 KB) | DOI: 10.29240/jhi.v5i2.1946

Abstract

This study aims to provide an overview of several Indonesian government policies relate to prevent the spreading of Covid-19 from the perspective of maqashid syari'ah. This is due to the spreading of Covid-19 in Indonesia which has had several negative impacts. One of the negative impacts is to pose a threat to human existence, namely threatening human life and life. This condition requires the Indonesian government to issue various policies as an effort to prevent the spreading of Covid-19. This study uses a qualitative method with discourse analysis that discusses the legal-socio-contextual side of Indonesian government regulations and policies related to the prevention of the spreading of Covid-19 from the perspective of maqashid syari'ah. The findings of this study show, first, that all Indonesian government policies in the context of preventing the spreading of Covid-19 are a manifestation of maqashid syari'ah, namely as an effort to protect human existence as well as the embodiment of personal and group interests. Second, the realization of mashlahah as the essence of maqashid syari'ah can be realized by the existence of cooperation between the central and regional governments and the community to comply with and implement all government policies as a whole.
The Epistemology of MUI’s Fatwas on Covid-19: Bayani and Burhani Eclecticism Mun'im, Zainul
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (859.984 KB) | DOI: 10.29240/jhi.v7i1.3216

Abstract

This article aims to analyze the legal epistemology used in MUI’s fatwas related to Covid-19. This article focuses on the MUI’s fatwas on the Implementation of Friday and Congregational prayers to prevent the Transmission of the Covid-19 Pandemic and the Fatwa on Guidelines for managing the body (tajhiz al-jana'iz) of a Muslim infected with the Covid-19. This study is library research with qualitative methods. This article shows that MUI uses two epistemologies in its fatwas. The first is the epistemology of bayani, which is mainly derived from the authority of the Quran and Sunnah. This epistemology serves to establish the principle of law in the fatwa. The second is the epistemology of burhani, which is based on rational-empirical arguments. This epistemology serves to find out how dangerous the Covid-19 virus is. The two epistemological branches used by MUI above are an attempt to combine textual and rational-empirical arguments. Based on the eclecticism of these two epistemologies, the fatwa issued by MUI is more in line with the realities of today's life, especially regarding the reality of health during the pandemic of Covid-19.
The Majelis Ulama’s Fatwa on Freedom of Expression On Social Media: The Perspective of Maqashid Sharia Arisandy, Danil Putra; Asmuni, Asmuni; Albani Nasution, Muhammad Syukri
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (742.735 KB) | DOI: 10.29240/jhi.v7i2.5235

Abstract

This article criticizes MUI Fatwa Number 24 of 2017 concerning guidelines for naming through social media, wherein the decision of its legal provisions the fatwa has given many restrictions that can be understood as an effort to close the space for freedom of expression and opinion on social media, the impact of which social media users feel afraid and restrained to views. The existence of this fatwa is fundamental because it provides clues regarding the rights of free speech for social media users from an Islamic perspective. This paper uses Jasser Auda's maqasheed sharia approach, namely system theory, as a normative analysis in criticizing fatwas against the interpretation of ghibah behavior, the concept of tabayyun, the public domain in the torso of the general provisions of fatwas. This article argues that the performance of the behavior of the ghibah, the concept of tabayyun, the public domain, in the general conditions of the fatwa body is very influential in the understanding of Islamic law itself towards a direction that is contrary to the purpose of maqasheed sharia, namely the law for the benefit of the people. This is because the interpretation of the fatwa is not ideal for realizing the goal of protecting the human right to opinion for social media users in a country that applies the concept of democracy. This argument is based on the researchers' reading of the MUI Fatwa using a system theory that says the purpose of the law is to achieve the universal benefit, which is inseparable from all points of view of Islamic law. In the end, this article concludes that there is a need to reconstruct the interpretation of the ghibah concept of tabayun, the public domain in the Majelis Ulama’s fatwa.
Golongan Putih (GolputT) Menurut Hukum Islam (analisis terhadap Al-Qur’an dan Hadits) Muhammad Arsad Nasution
AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 2 December (2017)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (849.57 KB) | DOI: 10.29240/jhi.v2i2.240

Abstract

Islam is very important leadership inexistence. This is evident from the many verses of the Koran and the hadith that explains about leadership. Beside that politically Islamic law can not be applied to the surface of the earth when there is no power to compelen forcement. That power is the master that made Islamic law as the supreme law governing the country. The existence of Islamic law would not be important if he had only beenon the writings of scholars of Islamic law. Islamic law new significanceseen when he practiced and carried out by human beings. Thus Islamic law requires the authorities wh oimplement it. The appointment of rulers who are committed to the enforcement of Islamic law chosen by democratic ballot. Suffrage some one will be very significant in determining the leadership. Therefore abstentions are not justified under Islamic law.
Rekonstruksi Kewarisan Islam: Studi Hermeneutika Ibn Abbas atas Ayat-ayat Waris Bachri, Syabbul
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 1 May (2020)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (918.294 KB) | DOI: 10.29240/jhi.v5i1.1197

Abstract

This study intends to analyze the hermeneutics of Ibn Abbas on the verses of inheritance in the Koran and their implications for the Islamic inheritance model. This research is a juridical normative study using content analysis and conceptual approaches. The results of research on Ibn Abbas's hermeneutics show that: first, daughters get a 2/3 portion if they are three or more in quantity. Second, in the case of gharawayn, the mother gets 1/3 of all inheritance not 1/3 of the remaining. Third, brothers or sisters can prevent the mother from getting 1/3 into 1/6 if they are 3 or more in quantity. Fourth, the grandfather has the same position as the father absolutely when the father died first. Fifth, the word "walad" refers to children  generally, both male and female. Sixth, kalalah is interpreted as a person who dies without having children and parents. The word "children" includes boys and girls while parents include father and grandfather. Seventh, there is no 'aul in Islamic inheritance based on the logical thought that there can be no division of inheritance exceeding the amount of the inheritance itself.
Keutuhan Rumah Tangga Suami di penjara (Studi Kasus di Lembaga Pemasyarakatan Kelas II A Bukittinggi) Sulfinadia, Hamda; Yanti, Deri; Roszi, Jurna Petri
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (683.329 KB) | DOI: 10.29240/jhi.v6i2.3372

Abstract

This article discusses the husband as an inmate who is serving a prison term of between 7 and 20 years at the Class II A Penitentiary in Bukittinggi, but on the other hand in married life as husbands, they still have an obligation to provide for their wives and children. The purpose of this study was to determine the views of Islamic law on the fulfillment of the rights and obligations of the husband while he was in prison. This study is a qualitative field research. Based on the research that the author has done, the author concludes that first, husbands who are in prisons can still provide for their wives even though they are modest, and wives can still carry out their obligations to their husbands, although not completely, secondly, wives who still maintain their households are love. , patient and sincere in undergoing the test he is going through and third, in Islamic teachings the husband who is in a correctional institution still has obligations to his children and wife, but if the husband is in a difficult situation and cannot afford it, the husband may provide for his children and wife according to his ability.
Transformation and Future Challenges of Islamic Law in Indonesia Siroj, A. Malthuf; Marzuki, Ismail; Elkhairati, Elkhairati
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.6618

Abstract

This study aims to investigate the transformation of Islamic law starting from pre-entry of Islam to Indonesia, entry of Islam, colonialism, and independence to current reformation in Indonesia, as well as various challenges to the formalization of Islamic law. The method used was a qualitative method with the type of library research namely by researching and reviewing legal materials that include primary legal materials, secondary legal materials, and tertiary legal materials that relevant to the object of this research. The results show that pre-entry of Islam to Indonesia, the applicable law was adat law, then since the entry of Islam into Indonesia, Islamic law has been well accepted and implemented by the community, and even its existence has gained legitimacy from both legal experts and the Dutch government. After Indonesia's independence, especially during the Old Order era, Islamic law did not transform significantly. During the New Order after such party collapsed, Islamic law began to transform significantly. Although since the reform period, Islamic law has transformed significantly, the challenges of Islamic law are serious, both internal and external. The most dominant internal challenges among are not fully codified Islamic law, Indonesian pluralistic condition, politics of the rulers' law, misconceptions of some legal experts about Islamic law, and other. Meanwhile, external challenges include influence of transnational ideologies which give a negative stigma against Islam, the development of Western ideologies that clash with Islamic law and the human rights, and strong influence of the domination of Western law in Indonesia.
The Progressivity of Umar Ibn Al-Khattab's Ijtihad in Responding to Community Social Changes Arrasyid, Fauzan; Pagar, Pagar; Tanjung, Dhiauddin; Nor, Mohd Roslan Mohd
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.4872

Abstract

This study aims to see how Umar Ibn Al-Khattab's legal ijtihad typology responds to social changes that occur in society. Ijtihad is a legal decision-making process based on syar'i arguments. During his leadership, Umar ibn Khattab was known to history as one of the caliphs who often performed ijtihad and the results often differed from those of other companions of the Prophet in terms of understanding and practice of Islamic law. Umar bin Khattab often recited the Quranic texts and hadith of the Prophet by contextualizing verses and hadiths through his maqasid approach.  This research uses normative legal research methods. The data were obtained through literature review and analyzed using a descriptive analysis approach. The results showed that Umar's ijtihad pattern of Islamic law in some cases is considered as an integrated, integral, and authentic understanding in order to realize the benefit of Muslims. He carried out the policy of Islamic law by paying attention to rapidly developing social changes. Although his Ijtihad seems contrary to the provisions of the text, in fact Umar can be said to be able to understand the general principles (al-ushul al-kulliyat) of the Koran.  So that the Quranic text, which has descended historically, can always provide answers and solutions to social problems of society that are always undergoing changes.
Sultan's Law and Islamic Sharia in The Ottoman Empire Court: An Analysis of The Existence of Secular Law Fatarib, Husnul; Meirison, Meirison; Saharuddin, Desmadi; Bahar, Muchlis; Karimullah, Suud Sarim
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.4908

Abstract

This article aims to describe the impact of legal dualism within the Ottoman Empire. After Constantinople was taken over, Sultan Muhammad Al-Fatih instituted a significant policy, including issuing laws and regulations for the benefit of society; then, there was also a dualism system within the Ottoman Empire, which was visible during the reign of Sultan Sulaiman I. During this time, foreign nationals were mainly recruited, and foreign traders began to gain impunity at the peak of power. This then prompted several questions, such as were the sultans free to create the laws they wanted, or was Islamic law still binding on them? Was Sultan's law an innovation from the Ottoman Empire or a legacy from the preceding dynasty in the form of Capitulation? To address those issues, the authors conducted a comparative historical analysis of various types of literature. We used a descriptive qualitative approach to Qānūn's position, which served as a springboard for foreign intervention in an Empire that was strong but weak in political policies which occasionally strayed outside the corridor of Islamic Sharia which had become customary and national culture. The tolerance separated from the corridors of Islam derailed during the crisis. This became a springboard for legal dualism in a state body with integrity in various dimensions.Keywords: Sultan's Law, Sharia, Judiciary,  Ottoman

Page 12 of 24 | Total Record : 234

 10   11   12   13   14 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol 11 No 1 (2026): In Press Vol 10 No 2 (2025) Vol 10 No 1 (2025) Vol 9 No 2 (2024) Vol 9 No 1 (2024) Vol 8 No 2 November (2023) Vol 8 No 1 May (2023) Vol 7 No 2 November (2022) Vol 7 No 1 May (2022) Vol 6 No 2 November (2021) Vol 6 No 1 May (2021) Vol 5 No 2 November (2020) Vol 5 No 1 May (2020) Vol 4, No 2 November (2019) Vol 4, No 1 May (2019) Vol 3, No 2 December (2018) Vol 3, No 1 June (2018) Vol 2, No 2 December (2017) Vol 2, No 1 June (2017) Vol 1, No 2 December (2016) Vol 1, No 1 June (2016) More Issue