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Al-Istinbath: Jurnal Hukum Islam

alistinbath
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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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Maqasid shariahâ€™s Change as Theory: From Classical to Cotemporary Maqasid Shariah Wanto, Deri; Hidayat, Rahmad; Repelita, R.
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021)
Publisher : Institut Agama Islam Negeri Curup

This article intended to identify the development of maqasid shariah theory and discourse in various published articles from various databases courses. By applying a systematic approach to a literature review, this article identifies the development of themes related to maqasid shariah. This approach is applied to fifty-three article in varied data source like ProQuest, Google Scholars, Scopus database and IRTI-IDB Proceeding. From the maqasid shariah index to maqasid shariah as a legal framework in contemporary fiqh discourse, even fatwaâ€™s by various religious institutions such as the MUI. Nevertheless, the development of maqasid shariah as an analytical framework and paradigm has changed, from a values-based and juridical basis to social indicators.

Analisis Tentang Kewajiban Nafkah Keluarga Dalam Pemberlakuan Harta Bersama Jumni Nelli
AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 1 June (2017)
Publisher : Institut Agama Islam Negeri Curup

In Islam, a nafkah is the responsibility of a husband. As in Indonesia family lawappliesthat nafkahis the responsibility of a husband and also it imposes joint property. The obligation of a husband to feed raises an issue regarding the implementation of obligations of a husband that can lead to a legal loophole that could undermine the principle of legal certainty and justice community. It is important to be discussed about nafkah and the concept of joint property in Islamic law and KHI, as well as the obligations to provide nafkah for her husband. Based on this research, understandably ifjoint property was appliedthen it becomes the collective responsibility of husband and wife. It also brings the consequence that all the household duties can beduties in together. Thus Islam adheres to the principle of balance and fairness in the relationship of husband and wife.

Gugatan Harta Waris Terhadap Anak Angkat Analisis Yuridis Terhadap Putusan PA Situbondo No. 0371/Pdt.G/2017/PA.Sit Muhammad Ibnul Hasan; Rosyidatul Khoiriyah
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Al-Istinbath: Jurnal Hukum Islam

This study aims to determine the rights and status of adopted children to the inheritance of their parents according to Islamic law and to determine the decision of the Religious Court regarding the lawsuit against inheritance which is controlled by adopted children. This type of research is a normative legal research that studies secondary data with descriptive-analysis research specifications. Inheritance is often the reason for a split in the family, so there is a law governing who is entitled and what level is entitled to each family member. But one problem that often arises is the mastery of inheritance by adopted children. In Islamic law, the status of adopted children cannot be equalized with biological children because adopted children are not included in inherited family relationships. The results of this study are that adopted children are not included as heirs so as to obtain the compulsory will of 1/3 of the inheritance of their adopted parents according to the Jurisprudence of the Religious Court and in the decision of Situbondo No. PA. 0371 / Pdt.G / 2017 / PA.Sit in outline, the procedure of the proceedings and decisions have fulfilled the requirements as regulated in the legislation.

Memahami Dialektika Antara Perilaku Agama dan Politik dalam Perumusan Hukum Islam di Indonesia Syahbudi, S.
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021)
Publisher : Institut Agama Islam Negeri Curup

This study aims to explain the formulation of Islamic law is a product of the dialectic between political and religious behavior. Dialectics is often related to relations and power as well as interactions and connections. This article uses a qualitative method with descriptive analysis that compares several literatures by describing the relationship between religious and political dialectics in the formulation of Islamic law. Furthermore, this article uses an inclusive and exclusive theoretical framework. The essence of this theoretical framework is the awareness of the recognition of the existence of salvation beyond self-belief. This article argues that religious doctrines influence the political behavior will tend to produce an inclusive attitude, but political behavior affects the religion will lead to produce an exclusive behavior in formulating of Islamic law. An inclusive attitude can be seen from the openness in responding to political changes by using generally accepted opinion trends. Meanwhile, this exclusive attitude can be seen from the tendency to use legal terms such as lawful, unlawful, infidel or apostasy which applies specifically. However, both inclusive and exclusive models are expressions in the formulation of Islamic law. The conclusion is that the dialectic between political and religious behavior has implications for the recognition of legal pluralism as a dynamic character of Islamic law.

The North Sumatra MUIâ€™s Fatwas on Zakat: Analysis of Fatwa Methods and the Influence of School Thought Firmansyah, Heri; Pagar, Pagar; Amar Adly, Muhammad
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper examines the methodology of the North Sumatran MUI fatwas, especially those are relating to the influence of schools on the North Sumatran MUI fatwas related to the issue of zakat from 2000-2010. There are 3 samples of fatwas used in this study, namely: first, the fatwa on the law of issuing zakat fitrah with money (qimah) and the amount, second, on the law of paying zakat not to amil and third, the fatwa about zakat on agriculture and plantations. The method used is content analysis. In the study, it was found that from a methodological, the North Sumatra MUI in finding the fatwa law used three theories, namely bayani, ta'lili and istislahi. On the issue of the influence of schools of thought, in the fatwa of the North Sumatran MUI, it was found that the fatwa of the North Sumatran MUI was influenced by various schools of thought and not dominated by a particular school. In this study influenced by the Hanafi, Shafi'i and Hanbali schools. Although the North Sumatran MUI considers the importance of school thought to be taken into consideration, it does not mean that the North Sumatran MUI does not dare to leave the school of thought and issue new laws that come out of the school of thought by using various methods which in this study use the talfiq method.

Reinterpretasi Makna Jihad Dan Teroris Musda Asmara
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to find a very clear distinction between jihad and terrorism. The concept of jihad is often regarded as the source of the proliferation of terrorism because of misunderstanding in understanding religion. The very hard thought of religion or radicalism with certain genes can has increasingly strong role for the growth of extremism, terrorism which finally will act of terror on the pretext of jihad fi sabilillah. The situation and the opportunity was used by the enemy to continue claimed that “Islam is terrorism”. The data presented in this paper is sourced from some literatures. The results of this paper, that jihad is the real struggle whether with the soul, materials, verbal acts and thoughts in order to up hold the religion and Islamic values peacefully. Instead of terrorists is an act of terrorizing, threatening, frightening the masses with certain motives and goals.

Pernikahan di Bawah Umur Akibat Hamil di Luar Nikah dan Dampak Psikologis Pada Anak di Desa Makrampai Kalimantan Barat Asman Asman
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019)
Publisher : Institut Agama Islam Negeri Curup

This article aims to learn more about marriage in an aged wawah because of an extramarital pregnancy and the psychological impact on children in the village of Makrampai West Kalimantan. This study uses a qualitative method with a phenomenological approach, namely observations in the field, the authors want to describe how the attention of the people of Makrampai Village in Tebas Subdistrict to underage marriages due to pregnancy out of wedlock itself. From the results of this study it was found that underage marriages in Makrampai Village came from a background of lack of parental attention to their biological children so that their children fell into promiscuity which cannot be changed so that the future of children is damaged and the educational background of parents is also very influential towards the education of children at home. Underage marriage has many impacts on the perpetrator, including depression, anxiety, fear and stress which are the effects of underage marriage in Makrampai Village, Tebas District, Sambas Regency.

Jual Beli Tanaman Monstera Adansonii di Indonesia Perspektif Hukum Islam Febriyarni, Busra; Yarmunida, Miti; Asmara, Musda
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 1 May (2021)
Publisher : Institut Agama Islam Negeri Curup

This study aims to analyze the sale and purchase of Monstera Adansonii plants in Indonesia according to Islamic law. This research is motivated by a phenomenon that occurs in Indonesian people buying and selling ordinary ornamental plants Monstera Adansonii at fantastic prices, even though these plants are not difficult to obtain, are not difficult to maintain, nor do they have extraordinary intrinsic value. The phenomenon of soaring crop prices is influenced by inflated prices by unscrupulous sellers and several parties they cooperate with and use good strategies so that the price of this plant soars (irrational). This study used a qualitative descriptive method, the data sources used were phenomena that occurred in the field and some news on the internet about the phenomenon of buying and selling Monstera Adansonii plants, the data analysis used deductive analysis. The result of this research is the sale and purchase of Monstera Adansonii plants which contain elements of fasid legal price engineering, even though they meet the principles and requirements of buying and selling in Islam, because there is an element of fraud by manipulating prices. This buying and selling includes buying and selling which is prohibited in Islamic law because it is included in the sale and purchase of najasy. From the maqashid syariâ€™ah, buying and selling of monstera adansonii plants is included in the necessity of tahsiniyayyat, because this sale and purchase is not to meet primary or secondary needs and is in the ishraf category (excessive attitude in spending assets).

Model of Zakat Utilization in the Covid-19 Pandemic Era: Perspective of Maqashid Sharia Ramadhita, Ramadhita; Sudirman, Sudirman; Bachri, Syabbul
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

The Covid-19 pandemic brought significant changes in human social life. One of the most affected sectors is the economy. One of the financial institutions that can be used to alleviate poverty is zakat. This article aims to describe the utilization of zakat in East Java province and analyze it using the principles of Maqashid Sharia. This article is based on empirical research using a conceptual approach. Primary data was generated from interviews with Badan Amil Zakat East Java, Yayasan Dana Sosial Al-Falah Malang, Nurul Hayat Malang, and Baitul Mal Hidayatullah Malang. This study shows that zakat management institutions have distributed productive zakat. There are three models of the productive distribution of zakat: the provision of Business Capital, Revolving Funds, and scholarships. Productive management of zakat can be maximized through mentoring and monitoring the program. Assistance to mustahiq beneficiaries can improve the quality of religious knowledge, reason, and economic income as stated in maqashid syariah.

Urgensi Talak Di Depan Sidang Pengadilan Perspektif Maslahah Mursalah Musda Asmara; Reti Andira
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

This paper aims to find the urgency of the divorce that must be imposed in front of the court as stipulated in article 115 Compilation of Islamic Law based on the review of maslahah mursalah. This was done because there was a controversy about the talak provisions in classical fiqh with the provisions of the divorce contained in the Marriage Law in Indonesia. The data presented in this paper are sourced from the literature. The results of this paper indicate that the review of Maslahah Mursalah against the imposition of divorce which must be done in front of the court is that the divorce has legal certainty for both husband and wife if they are to remarry, in addition to guaranteeing the child's livelihood and living for his wife, and the wife can claim the right to share property without this. In addition, the Religious Court is one of the institutions that can narrow divorce and at the same time can abort talak habits that are arbitrary.

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Musda Asmara

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Umea' Jurnal IAIN Curup Jalan Dr. Ak. Gani No. 01 Telp. (0732) 21010 Curup Rejang Lebong Bengkulu 39119

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Kab. rejang lebong,

Bengkulu

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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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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