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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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Tabot Festival: Shi'a Tradition Within The Sunni Community Of Bengkulu City On Sociology Of Islamic Law Perspective Fahimah, Iim; Jafar, Wahyu Abdul
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (957.681 KB) | DOI: 10.29240/jhi.v5i2.1777

Abstract

The purpose of this research is to describe the Tabot festival, a legacy of the Shia tradition but still exists and held continuously in the Sunni community of Bengkulu City. This festival is a manifestation of love for Sayidina Husen bin Ali from people of Bengkulu. However, even though the purpose of this Tabot is useful, there are still some people who are questioning the legality of Tabot’s law because it is strongly suspected that Shiites brought this festival to the Bengkulu. This research was held to answer the legality of Tabot’s law, which is still being disputed by the Sunni community. Through this study, the researcher explained in detail the Tabot legal issues through the sociology of  Islamic law Perspective. This research is categorized as field research, and the approach used in this research is the sociology of Islamic law. Data collection techniques used were interview and documentation techniques. After an in-depth study, it was concluded that the Tabot Festival was accepted by the Sunni community, but there are a few sets of events that need to be improved, because it was considered to violate Shari'ah. The allowed event series are Duduk Penja, Meradai, Menjara/Mengandun, Arak Penja, Mengarak Penja Bersurban, Gam, and Arak Gendang. There are two series of Tabot programs that need to be improved, namely Menggambik Tanah and Tabot Tebuang.
Sex Recession Phenomenon from the Perspective Maqashid Sharia Based on Objectives Marriage Law in Indonesia Pelu, Ibnu Elmi Acmad Slamat; Asfia, Hilyatul; Tarantang, Jefry; Supriadi, Akhmad
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (0.079 KB) | DOI: 10.29240/jhi.v7i1.4204

Abstract

The sex recession is an implementation of worries about household responsibilities. Marriage, which is supposed to be a requirement for the legality of sexual relations, has experienced a shift. Marriage is no longer considered an appropriate institution with a modern lifestyle in several not Muslim-majority countries. The objective of this research is to offer solutions to the problem of a sexual recession that some of the world's most developed countries are currently facing. This type of research is empirical-normative research. The data were sourced from official news reports and reputable journals that revealed the sex recession in developed countries, such as the United States, England, Australia, and Asian countries such as Japan, South Korea, Singapore, and China. The research was conducted using a phenomenological approach, a conceptual approach, and a philosophical approach. The results of this research show that the epistemology of marriage in Islamic law is a solution to overcome the sex recession during the Covid-19 pandemic. In an ideal world, the phenomena of sex recession may be handled by adopting Islamic law's epistemology in terms of marriage. Even Indonesian marriage law can dispel sex recession by building awareness and understanding of the nature of marriage (maqasid marriage), which is systemically capable of maintaining offspring, self-respect, and religion.
Siyasah Syar’iyah Paradigm of Hajj Financial Management Regulation in Indonesia Zakiruddin, Muhammad Aziz; Kamsi, Kamsi; Bahiej, Ahmad
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (694.149 KB) | DOI: 10.29240/jhi.v7i2.5310

Abstract

The purpose of this study is to describe the policies taken by the government in the financial management of Hajj in Indonesia through the siyasah syar'iyah paradigm. The questions that arise in this study are regarding the role of the state in the management of Hajj finances and how the policies of Hajj financial management in Indonesia are in the perspective of siyasah syar'iyah. This research is a library research, with a normative legal research method that uses the siyasah syar'iyah approach. After conducting in-depth research, it was concluded that the government in this case through the BPKH seeks to carry out its role in the field of the 'ala al-hajj and Maliyah areas by building the management and investment of hajj funds that are in line with the siyasah syar'iyah, so that the policies that have been implemented by the government in managing the hajj funds include: the initial deposits, the efforts to maintain the value of BPIH, as well as the placements in Islamic banks. It is an effort to achieve Maqasid Syariah, namely the values of benefit that are specifically for the Hajj pilgrims and the community in general which are the government's goal in this policy.
POLA TRANSAKSI PADA COMMODITY EXCHANGE : Perspektif Hukum Islam Efrinaldi Efrinaldi
AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 2 December (2017)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (382.356 KB) | DOI: 10.29240/jhi.v2i2.283

Abstract

Transactions on commodity exchange as futures trading are seen from the contract cycles as a pure trade activity, reduce the risk of profit from buying and selling, as a result of price fluctuations on trading commodities. Price fluctuations can be predicted and transactions begin with analysis, while risk can be protected. The type of transaction on physical goods and the spot market, in the perspective of Islamic economic law, can be tolerated. Certain types of trade (al-tijarah) have been arranged in syara ', because indeed the forms of transactions in such trades have been tolerated in the time of the Prophet. Spot markets, such as transactions of agricultural products, livestock, minerals, handicrafts, industry, and so forth. While transactions service that are non-physical, eg rent (al-ujrah) and wage-hire (al-ijarah). The aim of trade is essentially objects of economic value with the availability of goods in aqad assemblies (at the time of the transaction). In the Islamic review, this also applies to items that are not available or without presenting the goods at the time of the transaction, provides the ordered item is concrete of its nature. This is non-existent form of trade (such as al-salam), in Islamic law studies, depends on seller's effective control and ability to deliver. There is a protection against the value of goods transacted from probabilities that are inconsistent with the properties specified in the aqad assemblies, protection against the interests of consumer from loss (cut loss) and no disappointment in the future. In futures trading, it is known as the term of hedging
Tarik Ulur Hukum Adat dan Hukum Islam dalam Hukum Positif di Indonesia El Falahy, Lutfi
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 1 May (2020)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.308 KB) | DOI: 10.29240/jhi.v5i1.1419

Abstract

Indonesia has written law in the form of positive law and law that lives in recognized societies and then becomes customary law, but recognition of customary law applies only to groups that recognize its existence, of course this is contrary to positive law that applies universally. Here the author tries to examine how the role of customary law in the formation of positive law and what its effects. The method used in this paper is a qualitative method and the approach uses library research. As a rule of law aimed at creating harmony and balance in society, the existence of customary law in a rule of law is absolutely necessary, because the rule of law as a feature of the rule of law is not a final word, but as a way to create justice in society.
Legal Politics in the Establishment of the Sultan Adam Law (Positivization of Islamic Law in the Banjar Kingdom) Hidayati, Tri; Hidayatullah, Muhammad Syarif
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (720.001 KB) | DOI: 10.29240/jhi.v6i2.3486

Abstract

This study aims to determine the position and authority of Sultan Adam al-Watsiq Billah (1826-1857) in the formation of the Law of Sultan Adam 1835 and to describe the political aspects of law in the formation of the Law of Sultan Adam 1835. The method used is normative legal research with statutory, political, and socio-historical approaches. The results are first, Sultan Adam has authority as King and a religious leader in establishing Islamic law as the positive law of the Banjar kingdom in Sultan adam law. Second, the legal-political aspect in Sultan Adam Law is found in the purpose of its formation as stated in the preamble of the sultan adam law Martapura version. They were named, perfecting religion and i'tikad; maintaining the harmony of the unity, and guidelines for judges in deciding a case during their reign so that the people become good. As King and qadhi (judge), Sultan Adam used the religious and political approach through Sultan Adam Law when his political power weakened under Dutch rule. He has successfully applied it to the character of the Banjar Society, which is thick with Islamic (tradition), which is more obedient to religious leaders than rulers. The Banjar people still apply some of the Sultan Adam Law provisions to this day.
Status Anak Luar Nikah Menurut Hukum Positif dan Hukum Islam Pasca Keluarnya Putusan MK Tentang Uji Materiil Undang Undang Perkawinan Busman Edyar
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 2 December (2016)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (441.703 KB) | DOI: 10.29240/jhi.v1i2.115

Abstract

Sekalipun mencatatkan perkawinan bukanlah termasuk yang menentukan keabsahan suatu perkawinan dalam Islam, namun dalam aplikasinya di Indonesia perkawinan yang tidak tercatatkan menyebabkan anak tidak tercatat juga secara hukum negara. Sampai kemudian Mahkamah Konstitusi mengeluarkan putusan yang mengakomodir status semua anak. Hal ini menimbulkan problem serius di kalangan ulama Indonesia. Sebab, tidak semua anak yang lahir punya status yang sama. Hal ini tergantung pada terpenuhinya rukun dan syarat pernikahan kedua orang tuanya. Tulisan berikut mengkaji tentang status anak terutama luar nikah setelah keluarnya Putusan Mahkamah Konstitusi.
Tinjauan Fiqh Muamalah Terhadap Transaksi Multi Akad dalam Fatwa DSN-MUI Tentang Pembiayaan Likuiditas Jangka Pendek Syariah Haerul Akmal; Mohammad Hanief Sirajulhuda
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (613.935 KB) | DOI: 10.29240/jhi.v4i2.922

Abstract

The purpose of this study is to find out the multi-contract picture in the al-bai maa al-wad bi al-syira (BMWBS) agreement on the fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) Number 109/DSN-MUI/II/2017 concerning Sharia Short-Term Liquidity Financing (fatwa 109-PLJPS) and knowing multi-contract transactions in the BMWBS contract on 109-PLJPS fatwa from the perspective of muamalah fiqh. The research is a library research that is qualitative-descriptive in nature with a juridical-normative approach through deductive methods. The results obtained: First, the multi-contract in the BMWBS contract can be seen from several things; binding wa'd (promise) that links the two Sharia Securities transactions (SBS) between Sharia Banks and Bank Indonesia, time limits on SBS sale and purchase, and time-limited utilization of SBS ownership. Secondly, there is relevance between the hadith of the bay'ataini fi bay'ah and the BMWBS contract through illat riba. For this reason, DSN-MUI needs to review the 109-PLJPS fatwa by including the hadith of the bay'ataini fi bay'ah, then making it a legal consideration by looking at the various meanings of the ulemas and their agreement on it to make it more compatible with your fiqh.
Eksistensi Hukum Islam dalam Sistem Waris Adat yang Dipengaruhi Sistem Kekerabatan Melalui Penyelesaian al-Takharujj Shesa, Laras; Hasim Harahap, Oloan Muda; Elimartati, Elimartati
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 1 May (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (583.196 KB) | DOI: 10.29240/jhi.v6i1.2643

Abstract

The purpose of this study is to find out how much the existence of Islamic law in the indigenous heir system influenced kinship systems through peaceful paths and some used al-takharuj settlement. Using the method of research of library studies sourced from many library references both electronic literature and nonelectronics. Analysis with qualitative and inductive techniques, so it can draw conclusions that corroborate normative values. The results of the study revealed that the resolution of inherited problems in the indigenous heir system remained concerned with the decisiveness of Islamic heirs through the path of settlement of al-takharujj and there were also those based on the principle of Islah. It is also in line with what is embraced in the Compilation of Islamic Law in article 183 on the heirs' agreement with peace in terms of the division of the estate. In its settlement there is one first described about the legally divided division of Islam then shared inheritance customary. Yet some are directly shared directly in customary heirs although it has not been described in an Islamic heir but still uses the principle of ishlah. Thus Islamic law remains recognized its existence in the settlement of customary inheritance although in its implementation it is not carried out thoroughly.
Interfaith Marriage: Subjectivity of the Judge in Determination of No. 454/pdt.p/2018 Surakarta District Court Farid, Diana; Abdulah Pakarti, Muhammad Husni; Hendriana, Hendriana; Fathiah, Iffah
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (728.312 KB) | DOI: 10.29240/jhi.v7i2.4574

Abstract

This research discusses mixed marriage which is very controversial in society, even though most religions have prohibited the practice of mixed marriage. In Decree No. 454/Pdt.P/2018/PNSKt. The judge allowed the marriage of someone of a different religion, even though the Marriage Law clearly does not regulate and returns to the laws of each religion. HKI (Compilation of Islamic Law) prohibits the practice of interfaith marriage as stated in Article 40 letter c. This study aims to analyze the judge's considerations in granting or rejecting interfaith marriages with the applicable laws in the marriage law and KHI (Compilation of Islamic Law). The research method used is qualitative (library research) with a normative legal approach as an analytical tool to describe existing problems and gain insight. The results of this study indicate that the determination of interfaith marriages in Decision No. 454/pdt.p/2018, it is only the subjectivity of judges in interpreting Article 2 (1) of the Marriage Law and legalizing interfaith marriages which are in stark contrast to the Compilation of Islamic Law which has been in force in the Religious Courts in Indonesia.

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