Al-Istinbath: Jurnal Hukum Islam
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.
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230 Documents
<![CDATA[Kontekstualisasi Doktrin Ibadah dalam Irisan Pandemi Coronavirus Disease of 2019 (Covid-19) ]]>
<![CDATA[Edyar, Busman]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.3496
<![CDATA[This paper aims to elaborate on the contextual rituals of Muslims in Indonesia as decreed by Indonesian scholars such as the Indonesian Ulema Council (MUI), Muhammadiyah, and Nahdhatul Ulama (NU) in connection with the Covid-19 pandemic. The type of research used is a literature study with a qualitative approach which is analyzed by means of content analysis. The result of the research is that there is a significant breakthrough in the ritual of worship which has been standard in the doctrine of al-ashlu fi al-ibadah al-tauqif wa al-ittiba'. The breaking of this worship protocol at least occurs in the principle of congregational prayer and its procedures, the use of masks during prayer, the implementation of Friday prayers, Eid prayers, and the organization of the corpse. Meanwhile, Indonesian clerics such as MUI, Muhammadiyah (through the Tarjih Council) and NU (through Bahsul Masail) justified this breach. The maslahah factor in order to avoid the risk of transmitting the Covid-19 virus, is the main reason for the justification of these scholars. This study strengthens the existence of Islamic legal theories which are summarized in the fiqh rules in answering social problems that have a wedge with religious rituals. So it is illustrated that Islamic doctrine is rigid in its provisions but remains flexible in application.]]>
<![CDATA[Memahami Konsep Dasar Gerak, Bentuk Dan Ukuran Bumi Studi Analisis Kitab Al-Qȃnȗn Al-Mas'ȗdȋ Karya Al-Biruni Dalm Konteks Hukum Islam ]]>
<![CDATA[Sakirman Sakirman]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 1 June (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v2i1.147
<![CDATA[The central point of a scientist is imprinted on the contribution that can be given to his people. Because, the work that was born of a scientist is a reference that never died was referred by the next scientist in order to complete the methodological study that has not been explored. Al-Biruni, was one of the most admired scientists of his time, especially in the study of astronomy. In 1030 AD, al-Biruni wrote an astronomical encyclopedia entitled Al-Qȃnȗn Al-Mas'ȗdȋ In one of these works, al-Biruni attempted to integrate and interconvert classical astronomical ideas with modern astronomy. The work that became his magnumopus, is still the main reference of astronomers. In brief, Al-Qȃnȗn Al-Mas'ȗdȋ eborate about the intricacies of modern astronomical studies, because in mathematical studies al-Biruni already using the calculation of higt accuration. One of them is the study of basic, motion, shape and size of the earth. According to the thought of al-Biruni as poured in Al-Qȃnȗn Al-Mas'ȗdȋ , al-Biruni proves that the shape of the earth is round, the earth revolves around the sun and the moon rotates by its spin around the earth. Based on the above assumption, al-Biruni can be equated with modern astronomy. Because in his thinking, al-Biruni tried to dismiss the study of astronomy with an astrological methodology.]]>
<![CDATA[Implementasi Wisata Syariah Lombok dalam Perspektif Maqashid Syariah ]]>
<![CDATA[Mulyono Jamal]]>;
<![CDATA[Hamid Fahmi Zarkasyi]]>;
<![CDATA[Haerul Akmal]]>;
<![CDATA[Tesa Mellina]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i2.1002
<![CDATA[Sharia tourism is one of the tourism concepts applied based on sharia principles. In recent years, Islamic tourism has mushroomed in several regions in Indonesia and even in the world, with different concepts. This concept is not only a media for the promotion of the regions that want to apply it, but more than that the tourism carried out by a person can strengthen his creed and belief, if carried out in accordance with Islamic principles. However, how is the application of sharia tourism in accordance with sharia principles? The concept of Islamic tourism which should be applied?, There are still many unknowns. So it takes an in-depth understanding of the concept of sharia tourism, and the need for a research related to this. Researchers see a relationship between maqoshid sharia with sharia tourism currently being applied. This study aims to determine the application of Islamic tourism in the perspective of Islamic maqoshid, with Lombok as the object of study. This type of research is qualitative research. Data collection method is done by interview and observation. Interviews were conducted on 10 respondents and took 5 tourism objects that became tourist icons in 5 districts in Lombok as research samples. The results of this study indicate that there is a relationship between maqoshid sharia in the application of sharia tourism, namely in the safeguarding of religion, soul, reason, descent and wealth. So the applied sharia tourism must include five safeguards in sharia maqoshid. While the application of Lombok sharia tourism in the maqoshid sharia perspective has not yet reached the five aspects of safeguards.]]>
<![CDATA[Revitalisasi Pengelolaan Wakaf di Kota Langsa Perspektif Undang-Undang Wakaf ]]>
<![CDATA[Junaidi, J.]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i2.2924
<![CDATA[This article discusses the problems of managing waqf assets in Aceh. Until now, waqf management is still traditional regarding fiqh books, even though Indonesia has issued special regulations on waqf management. The purpose of this research is to analyze the management of waqf in Langsa City. This research is empirical legal research with a normative sociological approach. This article argues that waqf management is still traditional due to the understanding of the community and the Nazir think that waqf is only in the form of land and intended for worship facilities only. In addition, there is still a tug of war in the management of waqf assets between indigenous peoples and the government. Revitalization needs so that waqf assets can managed properly and correctly. The direction of revitalizations is; First, it relates to waqf regulation; second, nazir; third, the waqf paradigm (waqf culture); fourth,l waqf institution.]]>
<![CDATA[Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought ]]>
<![CDATA[Ariyadi, Ariyadi]]>;
<![CDATA[Muzainah, Gusti]]>;
<![CDATA[Setiawan, Alfiandri]]>;
<![CDATA[Islamy, Athoillah]]>;
<![CDATA[Susilo, Adib]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v7i2.5462
<![CDATA[This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.]]>
<![CDATA[Pemikiran Ushul Fiqih Ibnu Qudamah : Kajian Atas Beberapa Masalah Fiqih Dalam Kitab Al-Kafi Fi Fiqh Al-Imam Ahmad Bin Hanbal ]]>
<![CDATA[Ihsan Nul Hakim]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v1i1.76
<![CDATA[This study has conducted to analyze the thought of Ibn Qudamah about “ushul fiqih” through some “fiqhiyah” problems contained in the book “al-Kafi Fi Fiqh al-Imam Ahmad bin Hanbal”. Ibn Qudamah is a famous theologian in the sect of Ahmad ibn Hanbal. However, there are doubts whether he developed a framework or his own method or influenced by the methods of his teacher. The data presented in this study came from primary source, the book titled “al-Kafi Fi Fiqh al-Imam Ahmad bin Hanbal”, Ihsan Nul Hakim: Pemikiran Ushul Fiqih Ibnu Qudamah | 82 by giving a brief introduction about the discussed themes of jurisprudence and then introducing the opinions of law of jurists (especially the four sects of islamic fiqh) on aspects of the differences and the reasons and basis of their opinion, finally presenting“ushul-fiqih” thought of Ibn Qudaamah. The issues or themes broadly divided into four areas, they are religious jurisprudence, wedding jurisprudence, commerce jurisprudence and felony jurisprudence. This study has concluded that the opinion of Ibn Qudamah jurisprudence generally in line with his teacher’s jurisprudence, Ahmad ibn Hanbal, as well as in the field of “ushul-fiqh” jurisprudence, Ibn Qudamah used the basics, such as The Qur'an, Hadith, judgment of prophet’s friends, “Qiyas” and “maslahah mursalah”.]]>
<![CDATA[Piagam Madinah dan Spiritnya dalam Undang-Undang Dasar (UUD) 1945 ]]>
<![CDATA[Elkhairati Elkhairati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v4i1.776
<![CDATA[This paper aims to look at the existence of the Medina Charter in terms of history, content and authenticity and how it is spiritual in the 1945 Constitution. This study takes the form of literature with a content analysis approach. Data collection techniques in this study are carried out by collecting magazines, journals and books and utilizing internet to collect data related to research. This study concludes that the Charter of Medina contains the Islamic Shari'a as a law, is democratic in nature. If observed carefully, it will be seen the spirit of the Medina Constitution in the 1945 Constitution as the basis of the State of Indonesia. The concrete form is reflected in the points of the articles of the 1945 Constitution. This proves that even though the Republic of Indonesia is not an Islamic state, it does not mean that this country ignores Islamic shari'a.]]>
<![CDATA[Jalb Masalih Izzuddin dan Relevansinya dengan Fatwa NU Terkait Shalat Jumat Masa Pandemi Covid-19 ]]>
<![CDATA[Mushodiq, Muhamad Agus]]>;
<![CDATA[Ghofur, Abdul]]>;
<![CDATA[Mukhlishin, Ahmad]]>;
<![CDATA[Santoso, Haris]]>;
<![CDATA[Thohir, Muhyidin]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 1 May (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v6i1.2193
<![CDATA[This paper aims to explore Izzuddin’s jalb masalih concept and its relevance to the NU’s fatwa related to Friday Prayers during the Covid-19 pandemic. The authors use qualitative research with content analysis. The results of this study are. First. Izzuddin’s maqasid syari'ah leads to jalb masalih which also includes the concept of dzar'u mafasid. Second, Izzuddin integrates imanyah and ilmiyyah in the basic aspects of jalb masalih argumentation. Third, Izzuddin uses the two terms dzarury-hajiy-takmiliy and aliyat-mutawasitat-daniyat as levels of masalih and mafasid. The level of maslahah is influenced by differences in place and time. Fourth, dalil syara is used as the basis of the maqasid of the hereafter and logic, dzan, experiment, and habit as the basis of the maqasid of the world life. Fifth, the authors see the relevance between the results of the NU’s fatwa related to Friday Prayers during the Covid-19 pandemic and the concept of the jalb masalih conceptualized by Izzuddin ibn Abd Salam. The author's criticism is on the information about worship in the yellow zone where there should be a firmness in allowing Friday Prayers to comply with legal health protocols that are carried out based on WHO health recommendations and the rules of Izzuddin’s maqasid, Seventh, there needs to be a basis for differences in worship based on zone quality in the fatwa of Friday prayer. The conclusion obtained is the need for the adjustment of the NU Fatwa with the paguyuban Indonesian culture]]>
<![CDATA[Mut'ah Marriage Law in Perspective of Sayyid Husain Al-Thaba’thabaà and Their Relevance with Family Law in Indonesia ]]>
<![CDATA[Qohar, Abd]]>;
<![CDATA[Zaki, Muhammad]]>;
<![CDATA[Faizal, Liky]]>;
<![CDATA[Rofi'i, Hilmi Yusron]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
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DOI: 10.29240/jhi.v7i1.3714
<![CDATA[This study aims to examine Al-Thaba’thabaà 's thoughts on Mut'ah marriage and its relevance to family law in Indonesia. This research is a type of library research by descriptive-analytical approach. The primary data in this study are the Qur'an, Hadith, books by Al-Thaba’thabaÃ, the 1945 Constitution, Law Number 1 of 1974 concerning National Marriage Law, PP. Number 9 of 1975 as the implementing regulation of Law no. 1974, and INPRES No.1/1991 on the Compilation of Islamic Law (KHI). This study uses deductive thinking techniques and the data analysis uses maqashid sharia theory. The results show that Al-Thaba’thabaà 's thoughts on the permissibility of Mut'ah Marriages are not relevant to the purpose of marriage and the purpose of making legislation. As the purpose of making the law is the value of justice, usefulness, and legal certainty, besides the law is also made to create benefit in society. Al-Thaba’thabaÃ’s thought regarding Mut'ah Marriage must be rejected because it violates the values of the legal objectives, namely justice, benefit, and legal certainty, and also harms the values of benefit. To provide firmness to prohibit the practice of mut'ah marriage in Indonesia, it is necessary to amend Article 2 of Law Number 1 of 1974 concerning Marriage to "a legal marriage is carried out following their respective religions and registered following the legislation. invitation".]]>
<![CDATA[Kedudukan Shalat Sunnah Qabliyyah Jumat Dalam Pemikiran Hukum Imâm Al-Nawawî ]]>
<![CDATA[Rizky Muktamirul Khair]]>;
<![CDATA[Busyro Busyro]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
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DOI: 10.29240/jhi.v3i2.412
<![CDATA[The firm stipulation of sunnah qabliyah prayer is not found in the hadith of the Prophet, but among the scholars of the Shafi'yah, such practice is still carried out by likening it to other fardhu prayers. The practice has been studied extensively by Shafi'yah scholars, and one of them is Imâm al-Nawawî. The question asked in this discussion is the rationale of Imâm al-Nawawî in establishing the law of sunnah law for the prayer and when its execution time. According to Imâm al-Nawawî, the argumentis the generality of hadith announcement about sunnah rawatib prayer and the use of qiyas between Zuhr prayer and Jumat prayer. The general argument is more valid and strong compared with other postulates. As for the time of its implementation, sunnah qabliyyah prayerfor Jumat prayer may be done if there is the first azan when zawâl. Whereas if only one azan, may pray two rak'ah with the intention of sunnah qabliyyahbefore Jum’ah prayer together with tahiyyatul masjid prayer for the new arrival at khutbah. As for those who have sat before the khutbah, it is enough with sunnah muthlaq prayer.]]>
