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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 234 Documents
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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.
Imam Ash-Shafi'i's Opinion on Hajj without a Mahram and Its Relevance to the Present Day Dedi, Syarial; Yunarti, Sri
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7113

Abstract

This study aims to examine more deeply the opinion of Imam ash-Shafi'i regarding the pilgrimage for women without a mahram, and then see its relevance in today's times. Imam ash-Shafi'i has opinion that a mahram or husband is not obligatory for a woman in carrying out the pilgrimage, but on condition that the woman is protected from harming her body and soul and her honor. The majority of fiqh scholars are of the opinion that women must be accompanied by their mahram to perform the pilgrimage. According to the provisions of the Shari'ah, a woman may not travel alone but must be accompanied by her husband or mahram. Even the al-Hanafiyah school of thought argues that a mahram for women is a mandatory requirement for Hajj. This study is in the form of a character study categorized as library research. It used secondary data, either in the form of primary materials, tertiary secondary. Data analysis used heuristic, critics (internal and external), interpretation, and historiography. The results of this study suggest that Imam asy-Syafi'i's opinion which emphasizes law based on its 'illat, namely the factor of women's safety is very relevant to current conditions.
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.
Implementation of Aqiqah in the Bulan Maulid in Nagari Padang Laweh West Sumatra Perspective'Urf Sulfinadia, Hamda; Roszi, Jurna Petri; Rosdialena, Rosdialena; Suryani, Eli; Fitri, Anisa
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.6800

Abstract

This study aims to find out about the implementation of the aqiqah in the Maulid Nabi in Nagari Padang Laweh in terms of tradition. Aqiqah is an expression of gratitude for the birth of a child, which is basically the seventh or fourteenth day of birth or the twenty-first day. However, this did not happen to the Nagari Padang Laweh, the implementation of the aqiqah was held to coincide with the celebration of the Prophet's Birthday in the month Rabiul Awwal determined by custom. This ritual has been carried out from generation to generation and is still ongoing today. The implementation of the aqiqah will be reviewed from the ‘urf prevailing in the Islamic tradition. The research method used is qualitative with a case study approach. The primary data of this study were obtained through interviews with thirteen informants. After the data is collected, it is classified based on existing themes, then coded and analyzed with valid theory, and ‘urf so that conclusions can be drawn. The case study in this research relates to the implementation of the aqiqah along with the celebration of the Bulan Maulid. The results of the study show that the implementation of the aqiqah which coincides with the Bulan Maulid will provide relief to parents who participate in giving away their children. This is in line with Islamic law, and has proven to contain a lot problem. The conclusion from this research is that the implementation of the aqiqah includes urf shahih and local wisdom that needs to be preserved.
Disparitas Hukum Pidana Terhadap Pelaku Kekerasan Seksual Pada Anak Rahmawati, Rahmawati; Hartiwiningsih, Hartiwiningsih; Rustamaji, Muhammad; Sulistiyanta, Sulistiyanta; Abdillah, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7379

Abstract

This research aims to elucidate how criminal law disparities against perpetrators of sexual violence against children manifest based on Islamic law in Indonesia. The legal disparities indicate that child victims of sexual violence have not received comprehensive legal justice. This study adopts a qualitative descriptive approach, collecting data through exploration and reading online media with the keywords 'sexual violence against children in Indonesia' on the Google search engine. This paper reveals that legal imbalances have undermined the value of justice for child victims of sexual crimes, affecting them both psychologically and physically, and leading to other consequences such as dropping out of school, forced marriage to the perpetrator, and suicide. This study is crucial to bring about justice based on Islamic law for child victims of sexual crimes, juxtaposed with Pancasila justice. It highlights that the criminal legal disparities in cases of sexual violence consistently place children as the disadvantaged objects of legal justice. True legal inequality would not occur if the application of the law is based on Islamic Law grounded in divine values, as the punishment for perpetrators of sexual violence in Islam can be judged as hudud crimes, qhisas crimes, and ta'zir crimes.
The Contestation of Authority in Islamic Marriage Law Indonesia Nasir, Muhammad; Aniza, Aniza; Muzakkir, Muzakkir; Roni, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7896

Abstract

This article describes the contestation between government authorities and religious scholars (ulemas) in the creation of marriage laws in Aceh. The research data were derived from observations, interviews, and documentation, constituting a qualitative study with a theoretical framework based on the relationship between the state and religion, as well as the Theory of Legal Certainty, employing a socio-legal approach. The findings of this study illustrated that the authority of the ulemas was manifested through the issuance of fatwas by Acehnese ulemas, which also operated in society illegally. On the other hand, government authority was realized through the enactment of marriage laws and the Islamic Criminal Code (KHI) implemented by government institutions. The fragmentation and contestation of these authorities occurred following the enactment of the Special Autonomy Law, which granted authority to the ulemas to issue fatwas. As a result, dualism in marriage laws emerged in Aceh, leading to various issues such as legal uncertainty, a lack of trust in state institutions, and the proliferation of illegal marriages in Aceh. Additionally, Acehnese ulemas sought to establish their own local laws for Aceh, independent of national marriage laws. Therefore, it is imperative to establish Aceh's marriage laws through regional regulations (qanun) while accommodating the fatwas issued by Acehnese ulemas.
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.

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