cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Musda Asmara
Contact Email
al-istinbath@iaincurup.ac.id
Phone
+6285274234274
Journal Mail Official
al-istinbath@iaincurup.ac.id
Editorial Address
Umea' Jurnal IAIN Curup Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu 39119
Location
Kab. rejang lebong,
Bengkulu
INDONESIA
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 249 Documents
 21   22   23   24   25 
Ridhaa in Islamic Marriage Law: Reconstructing Consent under Psychological Coercion Ahmad Irfan; Alfiandri; Abraham Zakky Zulhazmi; Akhmad Nizaruddin; Faiz Husaini
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.16345

Abstract

This article reconstructs the concept of ridhaa (marital consent) in Islamic marriage law by incorporating psychological coercion as a form of defective consent that remains under-theorized in contemporary fiqh discourse. While classical doctrines of ikrah primarily focus on physical coercion and explicit threats, recent interdisciplinary studies in psychology have demonstrated that coercive control operates through non-physical mechanisms such as emotional manipulation, dependency, and behavioral domination, significantly impairing autonomous decision-making. This study employs a qualitative-normative approach grounded in ushul al-fiqh and maqashid al-shari'ah, supported by a systematic engagement with multi-madhhab fiqh sources and contemporary psychological literature on coercive control. By adopting a functional interpretation of ikrah, the analysis examines whether psychological coercion fulfills the same legal rationale ('illah) as classical coercion in invalidating consent. The findings argue that ridhaa should be conceptualized not merely as formal agreement but as substantively free will, protected from structural domination. Psychological coercion can therefore be framed as dhaarar nafsi that undermines legal agency and qualifies as a defect of consent within an ushulī framework. This study contributes by offering a more precise maqashid-based reconstruction of consent that bridges classical fiqh doctrine and contemporary empirical insights, while also identifying doctrinal limits to prevent over-expansion of ikrah.
The Differentiation of Gender Bias Paradigm Toward The Qanun Aceh Number 6 of 2014 on Jinayat Law Jarudin Jarudin; Salma; Ade Saputra; Ihsan Muhidin
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14489

Abstract

Qanun Aceh Number 6 of 2014 on Jinayat Law, which was amended through Aceh Qanun Number 12 of 2025 concerning Amendments to Aceh Qanun Number 6 of 2014 on Jinayat Law, has been implemented for more than a decade and continues to attract national and international attention. Several provisions related to sexual violence have been criticized by gender observer groups through the List of Inventory Problems (DIM), particularly the requirement for female rape victims to provide evidence beyond their own testimony. Critics argue that this provision burdens victims and potentially hinders access to justice. This article also highlights that rape provisions were absent from the initial draft of the Qanun, indicating that the regulation emerged through a complex and contested legislative process. This study employs qualitative field research using primary and secondary data collected through interviews and documentation. Data were analyzed through reduction, display, and verification techniques, supported by sharia, normative-juridical, and empirical-juridical approaches. The findings reveal contrasting perspectives between the Qanun drafters and critics. The drafters view the Qanun as reflecting Islamic legal principles emphasizing repentance over imprisonment, while critics point to inconsistencies with the Indonesian Criminal Code (KUHP), enforcement challenges, and elements of gender bias. This study’s novelty lies in its analysis of the legislative trajectory of rape provisions within the Jinayat Qanun and its examination of how tensions between Islamic legal values, human rights discourse, and gender justice continue to shape the reform and implementation of Jinayat law in contemporary Aceh.
The Medical Cannabis Dilemma in Indonesia From an Islamic Law Perspective: Between Benefit and Harm Rahmad Setyawan; Hayatul Islami; Doli Witro; Ahmad Mundzir; Muhammad Asyrofudin
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14758

Abstract

The prohibition of cannabis under Indonesian narcotics law has generated continuing debate regarding its potential use for medical treatment. This study aims to examine the legal status of medical cannabis from the perspective of Islamic law and to formulate a governance framework for its limited medical use in Indonesia. This research employs a qualitative normative legal method through statutory, conceptual, and case approaches, supported by literature review and semi-structured interviews with Islamic scholars, legal academics, and healthcare professionals. The findings reveal that Islamic law does not treat medical cannabis through an absolute prohibition paradigm but through a contextual assessment of maṣlaḥah and mafsadah. Medical cannabis may be permitted in exceptional circumstances when there is an urgent therapeutic need, scientific evidence of efficacy, no equally effective alternative treatment, and strict medical and governmental supervision. The study further identifies six Islamic bioethical principles relevant to the regulation of medical cannabis, namely protection of life, protection of intellect, public benefit, necessity, harm reduction, and the right to health. Based on these principles, the study proposes a maqāṣid al-sharī‘ah-based governance model emphasizing scientific validation, specialist supervision, patient registration, pharmaceutical control, stakeholder involvement, and periodic risk assessment. The study concludes that a limited and highly regulated medical cannabis policy is compatible with the objectives of Islamic law and may serve as a basis for future reform of Indonesian narcotics regulation.
Negotiating Sharia, Customary Law, and Gender: Feminist Legal Pluralism in the Learo Tradition of Marriage in the Bintauna Community, Indonesia Rizal Darwis; Nurul Mahmudah; Ahmad Faisal; Muhammad Syakir Al Kautsar; Ahmad Fathan Aniq
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14890

Abstract

The learo tradition in marriage among the Bintauna community of Indonesia reflects the tension between Islamic law, customary law and gender equality. While this practice symbolically honours women, it simultaneously enforces a discriminatory public virginity test, causing psychological distress and gender inequality. This study aims to analyse the learo tradition as a space for negotiation between Sharia law and customary law, to uncover power relations and the politics of women’s bodies, and to propose a framework of feminist legal pluralism centred on women’s voices. This qualitative research was conducted in Bintauna Sub-district (May–July 2023) using semi-structured interviews with 18 respondents (religious leaders, customary leaders, ritual leader (inang), academics, and women practising the tradition) and non-participant observation at five learo ceremonies. Thematic analysis was conducted using a feminist legal pluralism framework. The findings indicate: (1) the function of virginity testing within the learo tradition exceeds the bounds of valid customary (‘urf shahih) as it contradicts cover up a fault (saturul ‘aib) and the objectives of Islamic (law maqashid of sharia); (2) this practice reinforces patriarchy by imposing purity tests solely on women, causing trauma and stigma; (3) women (the ritual leader and the bride) have limited but strategic agency in quietly negotiating the rituals. The contribution of this research is to provide an operational framework for feminist legal pluralism based on three pillars: living customary normativity, locally reinterpreted Islamic legitimacy, and dialectical power relations. This framework offers adaptive transformation without erasing tradition, by recommending the abolition of virginity tests, the privatization of rituals, and full inclusivity for all prospective brides and grooms
Rethinking Maqasid al-Shari‘ah from the Ground: An Ethnography of Pilgrimage and Community Philanthropy in Pasir Sialang Village, Kabupaten Kampar, Riau Muh Rizki; Roem Syibly; Khoirul Anam; Alima Toktan
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.15784

Abstract

This study examines the annual grave pilgrimage (ziarah raya enam) and community-based giving in Pasir Sialang Village, Kabupaten Kampar, Riau, as an ethnographic case of how local Muslim actors negotiate religious devotion, customary practice, and communal welfare. Rather than claiming to reconstruct maqasid al-shari'ah as a legal theory, this article uses maqashid as an interpretive lens to examine how local meanings and social practices may be cautiously related to Islamic ethical objectives. Employing a qualitative ethnographic case study, the research draws on participant observation, semi-structured interviews with five key informants, and analysis of local documents related to pilgrimage, mosque activities, communal meals, and donation practices. The findings show that the pilgrimage is understood not only as prayer and remembrance for the deceased, but also as a social event that organizes kinship, migrant return, village belonging, food sharing, and mosque-based donations. Community philanthropy in this context operates less through formal charitable institutions than through informal giving, voluntary labor, shared meals, and household-based contributions. These practices form a local moral economy in which domestic resources are transformed into communal support and social reciprocity. The study also finds that the relationship between Islamic norms and local custom is not simply harmonious, but continuously negotiated through religious authority, customary leadership, gendered participation, and theological caution. The article contributes to community-based maqāṣid studies by showing that local practices should not be directly mapped onto classical maqasid categories, but interpreted through empirical meanings, observable social effects, religious boundaries, and the presence of maslahah.
English English Afwan Faizin; Khamami Zada
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.15972

Abstract

This article examines the radical transformation of the Saudi Arabian legal system under Vision 2030, marking a fundamental shift from the supremacy of traditional judicial interpretation to the codification of state positive law. The analysis focuses on Crown Prince Mohammed bin Salman’s (MBS) epistemological maneuver to limit the authority of "Ahad Hadith" (single-narrator reports) in the public sphere, mandating that state law rely exclusively on the Qur'an and Mutawatir Hadith. Using a juridical-normative approach and critical discourse analysis, this study tests the consistency of this doctrine within recent legislative packages, specifically the Personal Status Law, the Civil Transactions Law, and Evidence Law. The study covers a methodological inconsistency that the state rejects Ahad Hadith in economic matters to ensure investment certainty but retains them in socio-familial issues to maintain patriarchal stability. Consequently, this article concludes that Saudi legal reform is not a pure theological purification but a "pragmatic legal hybridity" which epistemologically lacks a strong academic basis. The claim of relying solely on Mutawatir Hadith serves as a discursive strategy for the "nationalization of Sharia," effectively reducing the role of clerics and judges from autonomous interpreters of divine law to bureaucratic executors of state statutes, serving political stability and global economic interests.
Beyond Formal Legality: A Maqashid al-Shari'ah Approach to Ethical Legitimacy in Electronic Consent across Notarial, Healthcare, and Child Protection Practices Anis Mashdurohatun; Naimah; Raendhi Rahmadi; Ismayana; Hari Suparjo
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.16236

Abstract

The rapid expansion of digital technology has transformed consent practices across various sectors, including notarial services, healthcare, and child protection. While electronic consent mechanisms are increasingly recognized as legally valid, concerns remain regarding their ability to ensure meaningful autonomy, informed understanding, and protection of vulnerable individuals. This study aims to examine the ethical limitations of contemporary electronic consent regimes and to evaluate them through the normative framework of maqashid al-shari‘ah. Employing doctrinal and comparative legal research, the study analyzes Indonesian digital legal regulations alongside selected international frameworks, including the General Data Protection Regulation (GDPR), the Children’s Online Privacy Protection Act (COPPA), and the United Kingdom’s Age Appropriate Design Code. The findings reveal that legally valid electronic consent often functions as procedural authorization rather than substantive ethical consent. In notarial services, consent mechanisms primarily verify identity without adequately ensuring voluntariness; in healthcare, digital consent may fail to secure meaningful patient comprehension; and in child protection, click-based consent frequently overlooks the limited capacity and vulnerability of minors. These findings indicate a persistent gap between legal validity and ethical legitimacy in digital governance. The study concludes that maqashid al-shari‘ah provides a human-centered framework that reorients electronic consent from procedural compliance toward the protection of autonomy, dignity, welfare, and vulnerable users in digitally mediated environments.
Konseptualisasi Siyāsah dalam Empat Mazhab Sunni: Perdebatan Yurisprudensial Klasik dan Logika Yuridis Fleksibilitas Politik Muhammad Abu Dzar; Muntaha Artalim Zaim; Muhammad Amanullah
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.16245

Abstract

This article examines siyasah in classical Sunni fiqh as a form of jurisprudential reasoning, rather than as a theory of state institutions. This study employs a normative qualitative approach using comparative fiqh analysis and contextual jurisprudential interpretation to analyze authoritative classical fiqh texts from the Hanafi, Maliki, Shafi’i, and Hanbali schools pertaining to governance, political authority, public policy, and legal discretion. The comparative method is used to identify patterns of similarities and differences across schools in conceptualizing the relationship between law, political authority, and the public interest, while contextual interpretation is applied to situate fiqh arguments within their historical and methodological contexts. The research findings indicate that doctrinal differences regarding political discretion reflect the plurality of legal rationalities operating within a shared normative horizon, namely justice ('adl) and the public interest (maslahah). Political flexibility in this article is conceptualized as the juristic logic of political flexibility, namely an internally structured and ethically bound legal logic, not a value-free space of political power. This article concludes that siyasah syar'iyah is an integral form of bound discretion within the Islamic legal system, offering a historical, contextual-methodological, and non-reductionist framework for contemporary studies of Islamic law and politics.
Rekonstruksi Fikih Ekosentrisme: Revitalisasi Konsep Hima sebagai Antitesis Pembangunan Ekstraktif di Indonesia Muhammad Suaib Tahir; Muhammad Patri Arifin; Agam Royana; Habib Maulana Maslahul Adi; Muhsin
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.16274

Abstract

This study aims to analyze the roots of the ecological crisis in Indonesia driven by the paradigm of extractive development and to evaluate the limitations of modern regulations in providing equitable environmental protection. Although numerous studies have examined the tension between economic development and ecological sustainability, a research gap remains regarding the integration of classical Islamic legal concepts, particularly ḥimā, into a contemporary environmental law framework grounded in an ecocentric approach. Therefore, this study contributes by proposing a conceptual reconstruction of Ecocentric Fiqh through the revitalization of the ḥimā instrument as an alternative mechanism for protecting Community-Managed Areas (Wilayah Kelola Rakyat / WKR) amid the expansion of extractive development in Indonesia.This research employs a qualitative method using a juridical-normative approach and library research. Data were collected from strategic environmental reports, including Environmental Outlook 2025 published by WALHI, and were examined alongside contemporary Islamic legal literature and reputable international journal sources. The analysis was conducted to connect empirical ecological crisis data with the normative construction of Islamic law in the context of environmental protection.The findings reveal that development policies centered on economic growth have generated significant ecological debt, marked by extensive deforestation, agrarian conflicts, and investment dominance in natural resource governance. Existing positive law tends to be anthropocentric and has not yet provided substantive ecological protection. As a key finding, this study demonstrates that revitalizing the concept of ḥimā within the framework of Ecocentric Fiqh offers a more inclusive model of territorial protection by positioning nature as an entity with intrinsic value. The contribution of this study lies in developing a theoretical framework for Islamic environmental law that is not merely normative but also relevant for addressing contemporary ecological challenges in Indonesia.

Page 25 of 25 | Total Record : 249

 21   22   23   24   25 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol 11 No 1 (2026) Vol 10 No 2 (2025) Vol 10 No 1 (2025) Vol 9 No 2 (2024) Vol 9 No 1 (2024) Vol 8 No 2 November (2023) Vol 8 No 1 May (2023) Vol 7 No 2 November (2022) Vol 7 No 1 May (2022) Vol 6 No 2 November (2021) Vol 6 No 1 May (2021) Vol 5 No 2 November (2020) Vol 5 No 1 May (2020) Vol 4, No 2 November (2019) Vol 4, No 1 May (2019) Vol 3, No 2 December (2018) Vol 3, No 1 June (2018) Vol 2, No 2 December (2017) Vol 2, No 1 June (2017) Vol 1, No 2 December (2016) Vol 1, No 1 June (2016) More Issue