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Musda Asmara
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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 Digital Forensics as Qarinah Muasirah in Proving Cyber Offences Under Malaysian Islamic Evidence Law Tuan Ibrahim, Tuan Muhammad Faris Hamzi; Nasrul Hisyam Nor Muhamad; Mohamad Aniq Aiman Alias; Ahmad Syukran Baharuddin
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.v11i1.14738

Abstract

The rise of cybercrime cases such as online gambling (al-maysir) and zina through digital platforms poses an unprecedented challenge to the classical evidentiary structure in Islamic criminal law. Traditional evidentiary methods (wasail al-ithbat) such as iqrar and shahadah are increasingly difficult to apply, especially in digital crime cases without physical interaction or direct witnesses. As a response to this evidentiary gap, digital forensics, which is based on validated scientific procedures, offers a reliable approach through the process of identifying, preserving and analyzing digital evidence. This study aims to examine how this digital forensic method can be recognized and integrated within the framework of Islamic criminal law, specifically as a valid form of qarinah (circumstantial evidence) according to the principles of syariah evidence. This study uses a qualitative approach through document analysis that includes primary and secondary sources. Data were examined through qualitative content analysis using inductive approach. In addition, analogical reasoning was employed to bridge digital forensic evidence with classical concepts of qarinah derived from the Qur'an and hadith. This integrated approach allows for a critical synthesis between Islamic evidentiary principles and modern digital forensic methodologies. This study finds that digital evidence through forensic procedures is capable of providing strong evidentiary value within the framework of Islamic evidence law. These evidentiary forms conceptually correspond to the classical Islamic notions of qarinah through al-'alamat and al-amarat, which function as recognised indicators of criminal conduct. The findings also reveal that the logic underlying Locard’s Exchange Principle, which affirms that every action leaves a trace is not foreign to Islamic legal reasoning. In Malaysian legal system, The Syariah Court Evidence Act 1997 [Act 561] and Syariah Court Practice Directions issued by the Department of Syariah Judiciary Malaysia (JKSM) provide a normative basis for admitting digital evidence as means of proof. Relatively, the integration of digital forensics into the framework of Islamic evidence law upholds the dynamic capacity of the Syariah to uphold the maqasid Syariah. However, the study identifies notable procedural and institutional limitations where religious enforcement officers lack digital forensic expertise and existing directives such as the 2007 Standing Instruction and Practice Direction No. 4 of 2020 remain general, outdated and lack of technical or verification standards for digital evidence.
Legal Adaptation for Muslim Minorities: A Reconstruction of Fiqh al-Aqalliyyat through the Methodological Frameworks of Abdullah bin Bayyah and Muhammad Yusri Ibrahim Solikin, Nur; Syaiful Ahyar; Muhamad Zaenal Muttaqin; Mochamad Syaefudin; Hilmi Ridho
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.v11i1.13028

Abstract

This article examines the reconstruction of fiqh al-aqalliyyat as a framework for legal adaptation addressing the complex socio-legal challenges faced by Muslim minorities in non-Muslim majority societies. It focuses on the methodological frameworks developed by Abdullah bin Bayyah and Muhammad Yusri Ibrahim, two prominent contemporary scholars whose works have significantly shaped minority jurisprudence. Employing a comparative doctrinal and analytical approach, this study examines their primary writings sinaʿat al-Fatwa wa Fiqh al-Aqalliyyat and Fiqh al-Nawazil li al-Aqalliyyat al-Muslimah to identify the epistemological foundations, legal reasoning patterns, and normative objectives underlying their approaches. The findings demonstrate a clear methodological divergence: Ibn Bayyah emphasizes maqāṣid al-shariʿah, tahqiq al-manat, and contextual legal reasoning rooted in the Maliki tradition to enable adaptive and purpose-oriented rulings, while Yusri Ibrahim adopts a more textualist and precedent-based framework within the Hanbali school, prioritizing juristic continuity and doctrinal restraint. This article argues that fiqh al-aqalliyyat should be understood not merely as a collection of legal concessions (rukhaṣ), but as a systematic methodological paradigm that negotiates normative fidelity and contextual responsiveness. By reframing minority fiqh through the lens of legal adaptation, this study contributes to contemporary debates on Islamic legal methodology, minority rights, and the future development of Islamic jurisprudence in pluralistic societies.
Cultural Pluralism and Islamic Legal Ethics: Reimagining Family Law for Interreligious Marriages in Banyumas Muchimah; Komalasari, Nunung; Fadhil , Rahmatul; Milki Aan; Humaira Ahmad
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.v11i1.14442

Abstract

This research explores the encounter between cultural pluralism and Islamic legal ethics within the context of interreligious marriage in Banyumas, Indonesia. Although there are formal legal and religious restrictions toward interfaith marriage, many couples in Banyumas continue to perform their respective religious rituals within shared domestic life. By utilizing a socio-legal approach and qualitative methods which included in-depth interviews, participant observation, as well as document analysis, this study focused attention on significant ritual moments such as marriage ceremonies, birth traditions, and death rites, because those moments constituted crucial arenas where religious norms, legal expectations, and cultural values intersected and were tangibly negotiated. The findings of the research indicate that cultural values such as rukun (harmony), tepa selira (mutual consideration), and cablaka (openness) play a central role in enabling peaceful coexistence and symbolic negotiation within those households. Rather than adhering rigidly to legal formalism, interreligious families rely upon adaptive ethical reasoning which is rooted in Islamic principles, particularly maqasid al-shari‘ah (the higher objectives of Islamic law). This research offers a rearticulated framework for family law which is inclusive, contextual, and responsive toward the realities of life within plural society. This study also proposes a dynamic model of Islamic legal ethics which integrates legal pluralism, human dignity, and protection of fundamental rights, as well as offers new pathways for legal reform within the context of multicultural society with Muslim majority.
Pendekatan Fusi dalam Pengadilan Islam Indonesia: Memadukan Prinsip-Prinsip Islam dengan Praktik Mediasi Keluarga Asia dalam Kasus Perceraian Wirdyaningsih; Maryam, Rini; Ayuni, Qurrata; Abdullah, Raihanah
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.v11i1.14848

Abstract

This study explores the role of mediators in Indonesia’s Islamic Courts, focusing on their unique integration of Islamic principles with Asian family mediation practices in divorce cases. Unlike the theoretical model of mediation, which emphasizes mediators as neutral facilitators without providing advice, mediators in Indonesia’s Islamic Courts adopt a distinctive approach. They incorporate Islamic values, often offering moral and religious guidance, while also drawing on Asian family-court traditions that prioritize familial harmony and community involvement. This study uses the qualitative framework to analyze divorce mediation approach in court and its dynamics in divorce cases. Moreover, observation and interview are methods that applied to get comprehensive picture in the mediation process such as the individual experiences of each party, the dynamics of the relationships between the parties and between the parties and the mediator, and the mediator's perspective on the case, the parties, and the resolution of the case. In-depth interviews were conducted with non-judge mediators and the disputing parties at the South Jakarta Religious Court.  This paper highlights how these mediators navigate cultural, religious, and legal dimensions to address divorce disputes. The findings reveal a fusion mediation model that challenges conventional Western approach  offering insights into culturally sensitive dispute resolution in Islamic legal contexts

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