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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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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.
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.

Page 18 of 24 | Total Record : 234

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