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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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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.
Integrating Islamic Criminal Law and International Human Rights Law in Counter-Terrorism Efforts: A Critical Analysis Suleiman, Nashwan Mohammed; Armoosh, Saud Suwaid; Salih, Rami; Al-Obaidi, Salman Husain; Chornomordenko, Dmytro
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.v9i1.11199

Abstract

The article examines the effectiveness of counter-terrorism strategies in aligning with international human rights law (IHRL) and Islamic criminal law (ICL). The rise in global terrorism has led governments to implement stringent counter-terrorism measures, often resulting in conflicts between maintaining national security and upholding human rights and Islamic legal principles. Through a comprehensive review of international legal instruments, Islamic legal texts, case law, and national counter-terrorism policies, a comparative analysis was conducted to assess the extent of conformity between state measures and international human rights standards, alongside the principles of ICL. The findings reveal that while many countries attempt to incorporate human rights protections and Islamic values into their counter-terrorism frameworks, these efforts are often undermined by practices such as prolonged detention without trial, torture, and restrictions on freedom of expression and association. Furthermore, inconsistencies in the interpretation and application of ICL across jurisdictions were observed. The study concludes that states must balance the imperative of ensuring national security with their obligations under international human rights law and Islamic criminal law. Although it is possible to formulate effective counter-terrorism strategies within these frameworks, governments must remain vigilant and committed to upholding both security and human rights.
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.
Integration of Genetic Resources and Intellectual Property Rights within Global and Islamic Legal Frameworks Shakar, Rana Saad; Najim, Samah Riyadh; Kabrch, Jassim Kadhi; Turchyn, Maryna
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.v9i1.11269

Abstract

The article evaluates international legal frameworks governing genetic resources and intellectual property rights (IPR), with a focus on their alignment with Islamic legal principles. Given the rapid advancements in biotechnology, genetic resources have become critical assets, raising complex issues related to ownership, use, and equitable allocation, particularly within Islamic contexts. The study conducts a thorough analysis of international agreements, including the Convention on Biological Diversity (CBD), the Nagoya Protocol, and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, alongside core Islamic legal texts. Through examining case law, policy developments, and academic scholarship, the study highlights key tensions, as the CBD and Nagoya Protocol prioritize fair resource distribution and conservation, while TRIPS emphasizes IPR protection, often restricting resource access. Islamic principles such as justice ('Adl'), fairness ('Ihsan'), and stewardship ('Amanah') are explored as foundational ethics that can inform a balanced framework for IPR and resource distribution. Findings indicate that integrating Islamic values with international policies can promote a fairer and more ethical system, ensuring equitable compensation for all stakeholders, especially indigenous and marginalized communities. The study concludes that a unified legal framework rooted in both international and Islamic values is essential to achieve a just balance between IPR protection and the equitable sharing of genetic resource benefits.
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.
Eco-Theological Insights on The Sasi Tradition: Analyzing Environmental Ethics and Sanctions Through Fiqh al-Bi'ah and Islamic Criminal Law Haq, Islamul; L, Sudirman; Amiruddin, Muhammad Majdy
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.9412

Abstract

Environmental preservation is a crucial issue that continues to receive attention, especially amid growing concerns about environmental degradation caused by human activities. This study aims to examine the implementation of the sasi mechanism by the people of Negeri Iha, Seram Island, and Ambon and to analyze the cultural significance of the sasi system regarding the concepts of Fiqh al-Bi'ah and Islamic criminal law. Using an empirical approach with qualitative methods, this research explores how the sasi mechanism contributes to community welfare and its relevance to Fiqh al-Bi'ah. The findings reveal that the implementation of the sasi tradition is managed by customary institutions with the authority to determine when sasi is enforced or lifted. There are two forms of traditional natural resource management in Negeri Iha: sasi laut (marine sasi) and sasi darat (land sasi). The study also shows that the sasi tradition's rules, goals, and punishments are similar to those in Fiqh al-Bi'ah. Both try to get the most suitable things done while doing the least environmental harm. Furthermore, violations of the sasi tradition are subject to customary sanctions, including physical punishment, fines, or spiritual consequences, such as the belief that violations could bring curses or illness as divine retribution. This research provides valuable insights into the harmony between the sasi tradition and the principles of Fiqh al-Bi'ah in preserving nature and maintaining the balance between humans and their environment.

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