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.
Articles
230 Documents
<![CDATA[Perluasan Teori Maqashid Al-Syari’ah: Kaji Ulang Wacana Hifdz Al-‘Ummah A. Djuzuli ]]>
<![CDATA[Syahrial Dedi]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (304.115 KB)
|
DOI: 10.29240/jhi.v1i1.72
<![CDATA[This paper wasdone the discourse of “hifdz al-'ummah/the savior of nation” of A. Djazuli in the theory of “maqashid al-shari'ah”. Because the benefit is the essence or substance of Islamic law.Mentioning the essence or substance of Islamic law intended to mean that the beneficiaries are a key element of the building of Islamic law, which binds other related ones. The data presented in this paper comes from primary sources directly related to A. Djazuli thought. This study found that the study of “maqashid al-shari'ah/the purpose of law” which is now developing emphasize to people as individual and less offset by humans as members of the community. The concept of people becomes important in life togetherwhether people within the scope of the first, second, or third which are well aligned with the economic, political, and social-culture aspects of a nation or the international community. In the era of globalization, the roles of aspects become very strong and their interaction becomes very intensive.]]>
<![CDATA[Ilmu dan Kepentingan Politik Tinjauan Hukum Islam ]]>
<![CDATA[Rosdalina Bukido]]>;
<![CDATA[Misbahul Munir Makka]]>;
<![CDATA[Djihan Magfirah Rivai]]>;
<![CDATA[Faradila Hasan]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (549.151 KB)
|
DOI: 10.29240/jhi.v4i1.780
<![CDATA[This research made because seeing politics that happened in Indonesia this time, evaluating of it from facet Punish Islam. All political perpetrator which have intellectual as guarantor can develop and also move forward state which we love. Social phenomenon that happened in society that is where all political perpetrator which his science application for the sake of is other, that for the benefit of own, group had. Method used by researcher is descriptive. Result of research indicate that all political perpetrator is science application which they have not for the benefit of society but personal for the benefit of as well as group political perpetrator prefer to give political promise but not coincide. Political so that that happened now, politics which in confusion where private interest taken as especial directive. As a result, development and development of state for the shake of kepentigan of society can not be distributed. If us in Al-Quran that that promise a trust which must be shouldered and all my me, politics now which prefer to break a promise it referred all liar. So that according to writer of political perpetrator ought to more is majoring of promise which he have tell.]]>
<![CDATA[Pendekatan Interdisipliner dalam Studi Hukum Islam Perspektif M. Atho Mudzhar ]]>
<![CDATA[Naim, Ngainun]]>;
<![CDATA[Huda, Qomarul]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 1 May (2021) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (354.335 KB)
|
DOI: 10.29240/jhi.v6i1.2253
<![CDATA[Islamic law studies are having a complex dynamic. One of the complexity aspects is related to Islamic law which is increasingly dynamic and has a comprehensive scope. It takes an approach that not only monodisciplinary or multidisciplinary but also interdisciplinary to providing solutions to issues. This article uses a literature review and content analysis, seeks to explain the significance and application of interdisciplinary approaches in Islamic law studies. Based on the sociological Islamic law approaches of M. Atho Mudzhar which delivers insights on exceptionality of Islamic law issues and serve a contribution of Indonesian scholar to the triumph of Islamic studies. This article argues that interdisciplinary approaches made a significant academic contribution to Islamic law studies. Its approach is better than the monodisciplinary in the context of answering contemporary issues.]]>
<![CDATA[The Legality of Smart Contract in the Perspectives of Indonesian Law and Islamic Law ]]>
<![CDATA[Munawar, Munawar]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (752.028 KB)
|
DOI: 10.29240/jhi.v7i1.4140
<![CDATA[This study aims to determine the legal status of smart contracts from the perspective of Indonesian law and Islamic law through a comprehensive literature review. The revolution of the internet and smartphones has changed human life, as happens in smart contracts. This difference in character between smart and conventional contracts has not been fully anticipated by applicable law. That is why the urgency of fiqh renewal or reform of the law in the cyberspace era. Although smart contracts are still in their infancy, and there are still many critical issues that need to be resolved, the results of the literature research show that the smart contract has fulfilled the principles in the agreement/contract in Islamic law. According to the ITE Law, a smart contract can be interpreted as an agreement referred to in Article 1313 of the Civil Code, "an act where one person binds himself to one or more other people". Although this study is not sufficient, this needs to be elaborated from the perspective of Indonesian law. The most important things in smart contracts to comply with the Islamic law are: the sequence of processes in the smart contract must comply with Islamic law, the object being transacted must be halal, the perpetrators have complied with the provisions of the Islamic law, fixed price during the contract period and the number of parties involved in the contract may increase over time.]]>
<![CDATA[Keterjaminan Kedudukan Dzaul Arham Dalam Kewarisan Islam Melalui Wasiat Wajibah ]]>
<![CDATA[Laras Shesa]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018) ]]>
Publisher : <![CDATA[Al-Istinbath: Jurnal Hukum Islam ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (356.891 KB)
|
DOI: 10.29240/jhi.v3i2.615
<![CDATA[Dzaul Arham mentioned his part in the discussion of the obligatory will. Mandatory wills are different from ordinary testaments. Although the boundaries of the section are the same, they cannot be one third. But regarding its position there are still differences of opinion. And according to the author although with the existence of differences of opinion that little or no part of dzaul arham was taken into account. In this journal the author uses substantive qualitative research methods, with the research type library research. The primary data comes from the literature. With the method of deductive analysis, something universal leads to a specific direction. The position of dzaul arham is indeed not written in the Koran but its position has become the ijma of the ulamas still being calculated with several conditions including no furudh ashhabul. Second, there is no ashabah. And finally, if furudh ashhabul only consists of a husband or wife, then he will receive his inheritance fardh, and the rest will be given to dzawul arham. Through the obligatory dzaul arham testament as though the parts are taken into account. And the completion of the obligatory will that the writer recommends is a settlement from Hasbi Ash-Shiddiqi, namely by determining the part of each heir including the recipient of the obligatory will, replacing the position of his deceased parents according to the level of his acceptance. Providing the recipient of the mandatory will for the portion that should have been received by his parents a maximum of one third of the portion. Giving excess balance after taking the mandatory test taker to the heirs according to the level of their respective parts. So that this way the dzawul arham part is still very calculated, or its position can be guaranteed.]]>
<![CDATA[Hak Waris Anak Perempuan di Cimanuk (Antara Kompilasi Hukum Islam dan Penetapan Pengadilan Agama Nomor 69/Pdt.P/2013/Pdlg) ]]>
<![CDATA[Somawinata, Yusuf]]>;
<![CDATA[Taqiyuddin, Hafidz]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1057.953 KB)
|
DOI: 10.29240/jhi.v5i2.1839
<![CDATA[This research was to explore the importance of the inheritance rights of women towards the inheritance rights of deceased brothers who were applied in the Pandeglang district, Banten. The object of this research is inheritance law in the Islamic Law Compilation. The secondary source of this research is the Religious Court Decision Number 69/Pdt.P/2013/PA.Pdlg. The interviews related to this research were conducted in Cimanuk sub-district, Pandeglang district. This research is a collaborative research of library and field research which is qualitative model. The collected data is processed by selecting and classifying data. Then the data is analyzed by comparing and interpreting. This study found that in general, the Cimanuk ulama or community leaders gave the asabah (remaining assets) portion to deceased brothers or sisters, both siblings and brothers who inherited along with the daughters. However, there are also those who argue that a brother or sister, both siblings and a father is veiled by a daughter, so that they do not get part of the inheritance inheritance. It was also found that in principle the determination had been made by the people of Cimanuk sub-district. The conclusion of this study is the provisions in the Pandeglang Religious Court Decision Number 69/Pdt.P/2013/PA.Pdlg. November 7th, 2013 shows the difference with the provisions in the Islamic Law Compilation. KHI has a stipulation that girls do not prevent (hijab) their brothers,inheritance right, while the Religious Court rulings show that girls can obstruct the inheritance rights of brothers.]]>
<![CDATA[The ‘Urf Perspective of Maanta Bareh Pasaran: Reinforcing the Kinship System through a Local Wisdom in Nagari Balingka ]]>
<![CDATA[Nofiardi, Nofiardi]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (670.716 KB)
|
DOI: 10.29240/jhi.v7i1.4132
<![CDATA[This study aims to explain the tradition of the Nagari Balingka community, Agam Regency known as maanta bareh pasaran seen from the ‘urf perspective. The study applied a qualitative method with a sociology and descriptive analysis approach. The findings of the study revealed that a niece; kamanakan, if she was married, she was obliged to perform the tradition by visiting the house of her Mamak, bringing the rice (bareh) and the cake (kue gadang) just in time before the Ramadhan as a way to maintain the bond and the relationship of the big family, the matrilineal system in particular. The tradition was in line with the ‘urf admitted in Islam. Referring findings of the study, it could be concluded that the maanta bareh pasaran tradition done by a niece to her mamak helped, in general, to maintain the relationship of every member of the family since there was a bit change of in the role of a Mamak in Minang, and in particular to prolong the matrilineal system. The tradition which was specifically carried out by the people of Nagari Balingka was in line with the ‘Urf perspective.]]>
<![CDATA[Fatwa Lajnah Bahtsul Masail NU Concerning Istibdâl Wakaf and Their Relevance with Renewal of Islamic Law ]]>
<![CDATA[Nurjanah, Nurjanah]]>;
<![CDATA[Rahmatsyah, Rahmatsyah]]>;
<![CDATA[Mutakin, Ali]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (728.178 KB)
|
DOI: 10.29240/jhi.v7i2.3707
<![CDATA[This article aims to describe the views and arguments of NU scholars in responding to the concept of istibdâl waqf through the fatwas issued by Lajnah Bahtsul Masail (LBM-NU), and their relevance to Islamic law reform. The concept of istibdâl is basically one way that can be used by policy makers in managing waqf land so that it remains productive. However, the concept of istibdâl has not been fully accepted by scholars. In general, the responses of scholars regarding the concept of istibdâl can be grouped into two. The first group strictly prohibits istibdâl, and the second group allows istibdâl but with strict conditions. The difference is more due to the tendency of the principle that is the weight, namely the principle of eternity (ta’bid al-ashl) and the principle of expediency (tasbîl al-manfa’ah). This research is a normative legal research because it examines the legal provisions, arguments and arguments used. The approach used is a conceptual approach. Primary data sources are fatwa texts issued by NU scholars, while secondary data sources are scientific books, articles, journals, laws related to this research. This study shows that NU scholars allow the practice of istibdâl with agreed terms, namely the existence of disadvantages contained in the waqf object so that the waqf property is in an emergency condition that must be saved. The argument is that the concept of benefit is the spirit of maqâshid syari’ah (the purpose of syari’a), where the value of benefit in istibdâl practice is far greater than its harm. The concept of benefit which is the argument in the fatwa is in accordance with the spirit of reforming Islamic law.]]>
<![CDATA[Kebolehan Suami Memukul Istri Yang Nusyûz Dalam Al-Qur’an ]]>
<![CDATA[Sri Wihidayati]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 2 December (2017) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (672.351 KB)
|
DOI: 10.29240/jhi.v2i2.267
<![CDATA[One of the negative allegations against Islam, especially from the Western (orientalist) is that Islam is a religion that tends to justify violence. The allegations are reasonable. One of them is because in Islam there is a doctrine which, if not studied in fully and deeply, gives the impression of the existence of acts of violence. For example, there is an al-Qur'an letter of al-Nisa '/ 4: 34 that allows husbands to beat wives who do nusyz to them. To verify whether or not the allegations are alleged, Q.S al-Nisa'/4:34 needs to be examined critically, profoundly and comprehen-sively. Having studied with the analytical approach of tahlîlî, it does not or does not mean justification of violence, but rather.]]>
<![CDATA[Fatwa antara Makharij Fiqhiyah dan Market Needs: Eklektisisme Pragmatis di balik Fatwa DSN MUI di Indonesia ]]>
<![CDATA[Sholihin, Muhammad]]>
<![CDATA[ AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 1 May (2020) ]]>
Publisher : <![CDATA[Institut Agama Islam Negeri Curup ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (425.84 KB)
|
DOI: 10.29240/jhi.v5i1.1412
<![CDATA[This study seeks to explore the possibility of implementing eclectic-pragmatic reasoning in the DSN-MUI fatwa on Sharia Banking Products. By applying the Ahmed Fekry Ibrahim study model when exploring the eclectic-pragmatic tradition of Islamic law. This study finally succeeded in introducing a thesis that the DSN-MUI fatwa, especially related to Islamic banking products, is full of eclectic-pragmatic reasoning. Â This is also expected to be the novelty of this study. Because previous studies, such as those conducted by Ahmed Fekry Ibrahim did not specifically discuss the eclecticism of Islamic law on the fatwa products of the Indonesian Ulema Council related to Islamic banking products. This can be identified from two things, namely: First, the eclectic-pragmatic reasoning of the DSN MUI Fatwa on Islamic banking products can be traced from the selection of legal arguments that are consistent in primary arguments, but flexible in choosing secondary arguments - the views of cleric. Second, the principle of protection of corporate needs, in this case encouraging the banking industry to respond to market needs, so that fatwas are made in the framework of these interests.]]>
