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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 230 Documents
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Mengungkap Efektifitas Hukum Ekonomi Syariah di Indonesia Zulqarnain
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12952

Abstract

The development of law often lags behind the dynamics of economic activities, whereas legal certainty is essential to protect the economic and business rights of market participants. This study evaluates the effectiveness of Islamic economic law in Indonesia using Anthony Allott’s theory of legal effectiveness, which emphasizes the preventive, curative, and facilitative functions of law. Employing a qualitative evaluative approach, the analysis draws on statutory laws, fatwas, judicial decisions, and institutional regulations from key authorities such as the Financial Services Authority (OJK), the National Sharia Board (DSN-MUI), and the National Committee for Sharia Economics and Finance (KNEKS), complemented by reputable peer-reviewed academic sources. The findings indicate that Islamic economic law remains partially effective: it has yet to improve public literacy and inclusion, its curative mechanisms are constrained by limited substantive law, and its facilitative role is weakened by regulatory inflexibility. The study contributes to the socio-legal evaluation of Islamic economic law, proposing a more integrated, adaptive, and innovation-oriented framework to enhance the responsiveness and sustainability of Indonesia’s Sharia economic system.
Legal Pluralism and the Transformation of Islamic Inheritance Law: A Study of Sasak Customary Practices in Indonesia Yusmita, Yusmita; Sitorus, Iwan Romadhan; Shesa, Laras; Septiana Rachman, Evy; Lumatus Sa'adah, Sri
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12500

Abstract

This study examines the dynamics of legal pluralism and the transformation of Islamic inheritance law within the indigenous Sasak community of Indonesia. Its primary objective is to explore how the deeply entrenched patrilineal tradition, which privileges sons in the transmission of land and core family assets, interacts with the proportional distribution mandated by Islamic inheritance law (farā’iḍ), a system that explicitly recognizes the rights of female heirs. Employing a qualitative approach rooted in socio-legal empiricism, the research draws on in-depth interviews with customary leaders, Sasak community members, and scholars of Islamic jurisprudence, complemented by documentary analysis of national legal instruments and classical fiqh literature. Findings reveal that, although patrilineal practice remains predominant, a discernible shift in values is underway toward greater adherence to Islamic inheritance principles, particularly among younger generations and families with higher educational attainment. Socio-economic change, modernization, and growing awareness of gender justice have collectively fuelled this transformation, even as resistance persists among traditional elders who regard patrilineal inheritance as an indispensable marker of cultural identity. The study concludes that these developments exemplify the inherent dynamism of Islamic law through processes of renewal (tajdīd) and selective adaptation (takhayyur). Achieving a just, gender-inclusive inheritance system with broad social legitimacy in the Indonesian context ultimately requires thoughtful harmonization among Islamic inheritance norms, local customary traditions, and the national legal framework.
From Classical Kafā’ah to Contemporary Economic Justice: A Hadith-Based Legal Reassessment in Islamic Family Law Nurdin, Zurifah; Suryani; Agusten
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12880

Abstract

This study aims to reassess the concept of economic kafa’ah by re-examining prophetic traditions (ahadith) through a phenomenological and socio-legal lens. Employing qualitative methodology, this research integrates thematic hadith analysis, historical contextualization of classical juristic opinions, and phenomenological interpretation to explore shifts in meaning and application. The findings reveal that economic kafa’ah in prophetic tradition primarily emphasizes ethical reliability, economic responsibility, and shared life capital rather than pre-existing wealth or social pedigree. Contemporary application suggests that kafa’ah is a dynamic construct that may emerge through mutual potential, education, work ethic, and long-term economic cooperation. The legal reassessment demonstrates that classical hierarchy-based criteria are not immutable; instead, they may be contextualized according to maqasid al-shari‘ah to promote economic justice, household stability, and gender balanced financial roles. This study concludes that economic kafa’ah should be reconstructed as a principle of equitable capability and shared socio-economic commitment rather than rigid material equivalence.
"From Traditional 'Urf to Digital 'Urf: Accommodating the Values of the Young Generation on Husband-Wife Relations in the Framework of Ushūl al-Fiqh". Zulbaidah, Zulbaidah; Yuniardi, Harry; Januri, Januri; Najmudin, Nandang; Cason, Christoper
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.14630

Abstract

This study examines how digital interpretations of marital roles among Muslim youth transform the classical concept of 'urf and challenge traditional gendered norms in Islamic family law. Existing research has extensively discussed 'urf and marital hierarchy, yet little attention has been paid to how digital-native perceptions, circulating through platforms such as TikTok and Instagram, reshape normative expectations of spousal relations within the framework of ushul fiqh. This study addresses this gap by analyzing the emergence of "digital 'urf" as a new sociocultural reference for young Muslims. Using qualitative documentary analysis combined with thematic content analysis, the study examines 120 short-form digital contents produced by Indonesian Muslim youth between 2023–2024, selected through purposive sampling. The dataset is triangulated with classical fiqh texts, contemporary fatwas, and statutory family law materials to evaluate the extent to which digital 'urf aligns with or diverges from established ushul fiqh principles. The findings reveal three major shifts: (1) digital 'urf reframes marital roles from hierarchical–patriarchal to partnership-based, (2) normative authority moves from textual and communal scholars to digital micro-influencers, and (3) the concept of qiwāmah undergoes functional reinterpretation driven by economic and technological equality. These shifts indicate the emergence of a hybrid normativity that merges experiential digital ethics with fiqh-based reasoning. This study contributes a conceptual reformulation of 'urf in the digital era and offers a framework for integrating digital socio-cultural patterns into ushul fiqh analysis.
Legal Responses to Sexual Orientation Related Marital Breakdown: A Comparative Analysis of Islamic Family Law and Indonesian State Law Danil, Rahmadanil; Yaswirman; Yasniwati; Devianty Fitri; Wan Minto, Deri
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.11669

Abstract

Marital breakdown due to sexual orientation is becoming an increasingly visible phenomenon in Indonesian courts, but it remains in a gray area in both Islamic family law and national law. This study aims to analyze how both legal systems respond to this issue, both through written norms and jurisprudential practice, while identifying points of convergence and divergence between the two. Using qualitative research methods with a normative comparative approach, this study examines classical and contemporary fiqh literature and legislation. The findings show that although fiqh and Indonesian positive law depart from different epistemological orientations fiqh is based on ethical-normative principles and state law is based on legal-formalist principles both have important intersections in the form of the principle of preventing harm, recognition of factual disharmony, and psycho-social protection of couples. but there are significant differences in the categories of disgrace, standards of evidence, and the scope of judicial discretion, which lead to disparities in rulings. This research contributes to the development of family law discourse by offering a harmonization framework based on maqāṣid al-sharī'ah and a harm-based reasoning approach, as well as recommending interpretive guidelines that can increase legal certainty and protection of couples' rights in marriage cases involving sexual orientation.
The Concept of Taʿzir in Fiqh Jinayat and Its Relevance to Traffic Ticket Sanctions in Indonesian Traffic Law Adnan, Mohammad; Uyuni, Badra; Saleh, Muhammad; Siagian, Nilasari; Judijanto, Loso
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12626

Abstract

This study aims to examine traffic ticket sanctions from the perspective of fiqh jinayat, with a particular focus on the concept of ta'zir as a form of punishment that is flexible and delegated to the discretion of the ruling authority (ulil amri). In the context of traffic law in Indonesia, traffic fines are implemented to enforce order and reduce violations that may endanger public safety. This study focuses on how fiqh jinayat provides a normative foundation for the enforcement of traffic sanctions and its relevance within Indonesia’s positive legal system. This study uses a qualitative normative-sociological approach to examine how taʿzir-based traffic sanctions shape public legal awareness and influence community compliance with traffic regulations. The analysis uses an explanatory method to explore the correlation between the principles of ta'zir and modern traffic law policy. The findings demonstrate that fiqh jinayat positions traffic sanctions within the framework of maslahah, aiming to protect life (hifzh al-nafs) and property (hifzh al-mal). Traffic ticket penalties in Indonesia, such as fines for not wearing helmets, license suspensions for reckless driving, or vehicle impoundment for driving without valid documents, can be classified as taʿzīr punishments. These sanctions function preventively by deterring future violations and repressively by disciplining offenders to maintain social order. This study affirms that the principles of fiqh jināyāt, particularly the concept of taʿzīr, can serve as an ethical and normative foundation for enforcing traffic ticket sanctions within Indonesia’s positive legal system. Such integration is essential for strengthening justice, promoting road safety, and ensuring collective welfare in Indonesian society. This study contributes to the development of contextual Islamic law, particularly through the integration of maqāṣid al-sharīʿah values with the modern legal system to strengthen public compliance with regulatory norms.
Hubungan Negara dan Otoritas Agama dalam Pengawasan Penerapan Syariah di Indonesia Zuhdi, Achmad; Saputra, Edi; Hidayat, Hasannudin; Umam, Khoirul; Hayamansyah, Didi
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12812

Abstract

This study examines the functional relationship and institutional conflict between religious authorities namely the National Sharia Council of the Indonesian Ulema Council (DSN MUI) and the Sharia Supervisory Board (DPS) and state authorities, particularly the Financial Services Authority (OJK), in supervising sharia compliance within Indonesia’s financial institutions. Employing a normative-qualitative method with a statutory and conceptual approach, the research analyzes relevant laws, DSN fatwas, OJK regulations, as as well as a conceptualized model derived from legal approaches and public management theory. The findings reveal a structural gap: DSN MUI’s fatwas significantly influence regulatory practice yet lack formal legal force, while OJK, despite its regulatory mandate, cannot substantively review those fatwas. Moreover, DPS appointments by financial institutions raise concerns about independence and public accountability. As a scholarly contribution, this study introduces the Integrated Sharia Governance Framework (ISGF), a model that proposes procedural integration between DSN MUI and OJK, strengthens DPS oversight, and embeds fatwas into formal regulatory processes without eroding religious autonomy. The ISGF serves as a normative solution to institutional fragmentation and offers a context-sensitive approach to harmonizing religious authority with democratic rule-of-law principles in Indonesia’s sharia financial governance
Individual Rights (of a Person) Are Threatened When Maintaining Sustainable Stability of Life Arianti, Farida; Febriyanti , Siska; Silvianetri; Al-Hakim, Sofian; Fikri, M Ihsanul
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.14411

Abstract

Individual/family rights, when not fulfilled, will bring about ongoing threats to life safety. Eliminating wealth/property leads to the pinnacle of poverty, a lack of prosperity, and dependence on others. This study aims to examine the rights of individuals/families regarding the lack of obligation to distribute consumed wealth as a threat to their lives. It also examines the causes of this lack of obligation to distribute consumed wealth. This study relies on a qualitative approach, with the type of field research, by collecting data through in-depth interviews with key informants and conducting observations. Data sources Datuak, Ninik mamak, bundo kandung, Minangkabau indigenous people. Analysis method with qualitative description. The research results show that the lack of utilization in asset distribution indicates the emergence of a form of difficulty in fulfilling individual/family rights to sustainability and survival. There are shortages in education, health, economic capital, and so on. The existence of Rangkiang values ​​is already feared, leading to the building being neglected and left to fall into disrepair, even though the building holds valuable value in the process of sustaining life. This paper concludes that a stable pattern of wealth consumption is associated with a person's fair attitude in balancing individual (self)/family rights and obligations in Hifzul Maal (preservation of wealth). Individual (self)/family rights are threatened when individual/family obligations in the distribution and consumption of wealth are neglected. The lack of sufficient living conditions has led to suffering due to the lack of everything needed to achieve life's activities.
Integrasi Moderasi Beragama dan Industri Halal: Tantangan dan Solusi Saefullah, Asep; Burhanudin, Dede; Syibromalisi, Arif; Bahri, Saeful; Hardivizon, Hardivizon
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.14554

Abstract

The rapid expansion of Indonesia’s halal industry requires alignment between economic growth and the principles of religious moderation, including wasaṭiyyah (balance) and maṣlaḥah (public welfare). This study analyzes how these principles are integrated into halal governance, certification, and policy frameworks while identifying structural and socio-cultural barriers that hinder their implementation. Employing a descriptive qualitative design grounded in interpretivism, the research uses document and content analysis of legal instruments (Law No. 33/2014 on Halal Product Assurance), institutional reports (BPJPH and KNEKS), and peer-reviewed literature. Triangulation was applied through cross-validation of academic, governmental, and media sources. The findings reveal that religious moderation is conceptually acknowledged yet structurally fragmented due to bureaucratic inefficiencies, inconsistent policy coordination, and limited accessibility for micro and small enterprises (MSMEs). Cultural resistance and theological diversity further constrain its application. The study contributes to the interdisciplinary discourse on Islamic governance and ethical regulation by operationalizing wasaṭiyyah and maṣlaḥah as analytical tools for inclusive halal policymaking. It recommends strengthening regulatory coordination, digitizing halal certification, and embedding moderation training within institutional programs to enhance transparency and inclusivity. Religious moderation thus emerges not merely as a moral principle but as a structural framework for sustainable halal industry development and global competitiveness
TELAAH PENDAPAT IBN QAYYIM AL-ZAWJIYAH TENTANG HUKUM TAWAF BAGI WANITA HAID Yunarti, Sri; Dedi, Syarial
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.12677

Abstract

The aims in this study is to construct women's jurisprudence by examining Ibn Qayyim's ijtihad regarding the permissibility of menstruating women performing tawaf. This is very interesting because there are clear provisions in the texts (the Qur'an and hadith) that prohibit such practice. Tawaf must be performed in a state of purity, considering that the ritual is performed inside the mosque, while there is a prohibition on entering the mosque in conditions of major impurity. This clearly shows the conflict between the texts and the product of ijtihad. This paper is a normative research in the form of a study of figures and is classified as literature research, commonly called qualitative research, and is supported by the approaches of fiqh and ushul al-fiqh. The data used is secondary data. Data collection was carried out by reading books by the figures discussed, namely: A’lam al-Muwaqiin an rab al-‘Alamin, by including literature related to this issue. The data analysis is inductive, consisting of content analysis through data reduction, data display, and a conclusion. This study concludes that Ibn Qayyim's opinion, which permits women to perform tawaf during menstruation, does not negate sacred law or ignore the provisions of the texts and the opinions of scholars, but rather links the provisions of the texts with sharia principles. This line of thinking pays close attention to the social conditions of society. This legal fatwa is still relevant to practice and can save women from the risks of consuming period-delaying pills.

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