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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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Zina Dalam Kajian Teologis dan Sosiologis Budi Kisworo
AL-ISTINBATH : Jurnal Hukum Islam Vol 1, No 1 June (2016)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to examine the meaning of adultery through the lens of the theological and sociological theory. Adultery is forbidden which has been condemned both by religion and by the positive law in Indonesia, although the meaning of adultery in the religious sense and the positive law has a different sense, but still have the same meaning in substance. The data presented in this paper comes from the study of literature by searching for sources that are directly related to the theme. This study found that to have adultery sometimes not known by public because it is done in secret. In such circumstances, adultery is still personal sin, and Allah still provides an opportunity for each executant to immediately repent. By contrast, if it is already known by public, then the act has an effect on social life so that it became a social sin. It is not enough to repentance only, but it must be given sanctions against the perpetrators. Keywords: Adultery, Theological theory, Sociological theory

Strategi Lembaga Bantuan Hukum dalam Menangani Perkara Perdata di LKBHI IAIN Salatiga Nurrun Jamaludin
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 1 May (2019)
Publisher : Institut Agama Islam Negeri Curup

This research try to find out the strategy of handling case civil case at the Islamic Legal Consultation and Assistance Institute of IAIN Salatiga, nowadays many Legal Aid Institute just focus on litigation process to get money from the Ministry of Justice and Human Rights, but the main function of Legal aid Institute are neglected such as legal studies and legal counseling, besides forgetting the legal function as the aspire of the law, that is to be social control and civil engineer. This research/study using evaluative analysis method, the method is collecting and presenting all LKBHI data since 2016-2018 then analyze the actual facts and then analyze them rationally based on juridical principles through library research and on the spot research.The finding of this research indicate that LKBHI IAIN Salatiga has finished many civil case, but many solution using non litigation process, when the strategy built to resolve cases using a psychological approach to the parties, while also applying procedures to the team to resolve client's case with negotiation and mediation, where all participants on the team is active and doing the work based on their own expertise. Then the results lead by LKBHI IAIN Salatiga the solution is a win-win solution are quite significant.

Sanksi Adat Tentang Larangan Perkawinan Terhadap Orang Sesuku dengan Pelaku Zina Rahmi, Nailur; Henny, Rinta Okta
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this study is to determine and describe the implementation of customary sanctions regarding the prohibition of marriage against people of the same ethnicity as adulterers and to analyze the views of Islamic law on customary sanctions regarding marriage rights against people of the same ethnicity as adultery. This type of research is field research, namely, research that is carried out in the field. The research data was collected through interviews with people affected by customary sanctions, niniak mamak, the head of KAN, and ulama. The data that had been collected were analyzed using a qualitative descriptive method. The results of the study found that the process of implementing customary sanctions regarding the prohibition of marriage against people of the same ethnicity as adulterers begins with the stipulation of customary sanctions against adulterers. If the sanctions are not implemented then the niniak mamak will prohibit the nephew from marrying until the sanctions are completed. The implementation of the prohibition of marriage to people who are of the same ethnicity as the perpetrator of adultery due to customary sanctions is not regulated in Islamic Law. These rules are the rules that apply in Nagari Lunto. including 'urf saheeh, because the conditions of' urf sahih have been fulfilled. Among the conditions is that it contains benefit and has been going on for a long time. The benefit of the implementation of the marriage prohibition due to the adultery customary sanction is to provide a deterrent effect on adultery in particular and the Lunto community in general so that they do not approach adultery anymore, and protect their nephews from things that deviate from Islamic teachings. Based on the Ê»urf method, the customary sanction regarding the prohibition of marriage against people of the same ethnicity as the perpetrator of adultery is permissible.

Alternatives to Criminal Conviction in a Comparative Analysis of Positive Law and Islamic Criminal Law Fauzan, Fauzan
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This paper aims to comprehensively analyze the concept of alternative punishment in a comparative study of positive law and Islamic criminal law. Currently, imprisonment is still the main choice, causing overcrowding in prisons in Indonesia. Sharp criticism and dissatisfaction with imprisonment have prompted the development of alternative punishments other than imprisonment that are in accordance with the purpose of punishment. This study is a type of qualitative research using data collection techniques through literature studies. The data used in this study was taken from secondary data from various literatures consisting of books, journals, mass media, news, social media related to alternative sentencing. The conclusion of this paper shows that in positive law, alternative provisions for punishment other than imprisonment have been regulated in the Criminal Code (KUHP) and other laws and regulations, including in the form of fines (compensation), rehabilitation sanctions for narcotics abuse cases, and settlement of criminal cases outside the court (APS) by prioritizing the principle of restorative justice, namely peace and forgiveness, for the perpetrators, victims and the community. In positive law, alternative punishment has an ideal concept with the aim of sentencing that leads to recovery, not retaliation. This paper also concludes that in the concept of Islamic criminal law, the provision of alternative punishments contains the principles in maqashid sharia, namely in maintaining religion (al-dÃ®n), soul (al-nafs), offspring (al-nasl), property (al-mÃ¢l) and reason (al-aql).

Penentuan Mut’ah Wanita Karir dalam Pandangan Hukum Positif Indonesia Sanuri Majana
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 June (2018)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this research is to know how to give mut’ah if the divorced woman is a career women; Whether the establishment is the same with ordinary women who are not career women. This research is a library research in which the secondary data were obtained from interviews using literature literature such as the Qur'an and hadith. Research begins by way of describing the description of the problems of the data obtained, then drawn conclusions with inductive techniques.In this article, it can be concluded the determination of mut’ahtalak for career women, that is first, the determination of mut’ahtalak for career woman in positive law view in Indonesia is based on propriety contained in article 160 KHI and applies not only to career woman. Sufficiency is worthy or not the amount for the wife in terms of husband's economic ability. Second, the determination of mut’ah for career woman based on propriety and ability of husband as in article 160 KHI. According to the jurisprudence of the judge,the propriety is reasonable whether or not the number is seen from the aspect of the husband's economic capability as well as the aspect of his wife, and also there are the customs prevailing in the environment of the relevant parties in accordance with surah al-Baqarah verse 236.

Analisis Yuridis Terhadap Rumusan Jarimah Pemerkosaan dalam Qanun Aceh Nomor 6 Tahun 2014 Tentang Hukum Jinayat Azkha, Umarani; Abbas, Syahrizal; Din, Mohd.
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

This research aims to predict the extent of the punishment disparity probability in the Qanun Jinayat's rape formula as a consequence of the breadth of the formula and to determine the construction of the definition and classification method of the classical Islamic jurisprudenceâ€™s az-zina bil-ikrah formula and the Qanun Jinayatâ€™s rape formula as a consequence of radical differences between the two coercive sexual delicts that are formed based on Islamic law. This research is normative legal research by using statute and comparative approach. The research results showed that the Qanun Jinayatâ€™s rape formula has the punishment disparity probability in the same delict, the disparity in delicts those have same seriousness gradation, the disparity of punishment imposed by one judges panel, the disparity of punishment imposed by different judges panel for the same delict and the disparity of punishment in different actions in one delict formula with different gradations of seriousness. The definition and classification of az-zina bil-ikrah are constructed through the bayani method, while the definition and classification of the rape are constructed through the istishlahi method.

The Urgency of Ahlus Sunnah wal Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic Jafar, Wahyu Abdul; Asmara, Musda
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 1 May (2022)
Publisher : Institut Agama Islam Negeri Curup

This study aims to determine the urgency of Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic. This study is literature research, which uses documentation techniques in collecting research data. At the same time, the analysis technique used in this research is the descriptive inductive technique. After conducting in-depth research, a conclusion was found that ahlus sunnah wal jamaah Based Islamic Jurisprudence is urgently disseminated and practiced. Ahlus sunnah wal jamaah Based Islamic Jurisprudence can be a strong binder of unity and integrity because there are ahlus sunnah wal jamaah Based Islamic Jurisprudence values of hubul wathon (love of the homeland), unity, and tolerance among religious believers. This teaching is more accepting of the differences in the broader community than radical and liberal Islam teachings, which divide the unity among Muslims and often create commotion and quarrels in society. Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence can block Islamic sharia that deviates and leaves the corridor of the principle of tasriul ahkam, namely realizing the benefit of human life. The benefit will be easily realized if in a country the people are united, in harmony, live in peace, and are not hostile to each other.

Konparasi Syarat Keabsahan “Sebab Yang Halal” Dalam Perjanjian Konvensional Dan Perjanjian Syariah Lukman Santoso; Tri Wahyu Surya Lestari
AL-ISTINBATH : Jurnal Hukum Islam Vol 2, No 1 June (2017)
Publisher : Institut Agama Islam Negeri Curup

As social beings, social relations are fundamental and inseparable. Social interaction that has many differences requires the existence of a specific guidance or law adopted by the community. The law is for the sake of realizing a sense of security and assured in establishing community relations, as well as to realize a good social relationship, harmonious and without having to harm others. A specific form of guidance in society is the agreement. Indonesia has three sub-systems of law that are broadly divided into namely western law, customary law, and Islamic law. The procurement of agreements in order to increase security and certainty is already inevitable in the modern era, which is rapidly growing as it is today. Therefore, before entering into an agreement, it is necessary to comply with all conditions of the validity of the agreement in order for the agreement to become valid as a law so that the purpose of the agreement can be reached. One of the terms of the validity of the treaty that is "lawful cause" is an important thing to be studied deeply by the parties who make the contract because of the difference of the legal system in its environment (Indonesia) is mainly the conventional agreement system which is used as the standard of legislation in Indonesia and the system Islamic agreement or sharia that is used as the guidance of the majority of Indonesian people who are Muslims, so that there are no things that do not want inflicted in the future

Kedudukan Talak di Pengadilan Perspektif Siyasah Syariyah Miti Yarmunida; Busra Febriyarni
AL-ISTINBATH : Jurnal Hukum Islam Vol 4, No 2 November (2019)
Publisher : Institut Agama Islam Negeri Curup

The purpose of this discussion is to describe the analysis of siyasah shariah for divorce in court. The understanding is still developing in Indonesian religious and Muslim community figures that divorce is not mandatory in court, divorce in court is only for administrative needs. This research is explanatory research, the source of the data used is library data, data processing by editing, coding, reconstructing and systematizing and analysis using deductive logic. The result of this discussion is that the state has the authority to set regulations that can bring benefit to its people even though explicit divorce in court is not found in Islamic legal norms. But every regulation that is believed to be able to uphold the benefit and reject the interpretation is the implementation of the values of Islamic teachings. The state makes legal rules in marital affairs is to realize justice, certainty and legal benefits for the benefit of society in the field of marriage and in accordance with sharia maqashid.

Diskursus Perdebatan Praktik Money Politic dalam Perspektif Metode Istishlahy Rafiq, Mahbub Ainur
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021)
Publisher : Institut Agama Islam Negeri Curup

This article aims to explain the debate about money politics from an istishlahy perspektif. Money politics is an effort to influence the electoral masses in exchange for certain materials that someone does not exercise their right to vote or exercise their rights in a certain way. This practice make the stability of the political climate is disrupted. That is why, positive law prohibits the practice of money politics. The discourse on money politics is very interesting in the fiqh literature, if there is a concern that not giving money in a contestation of positions will fall to the wrongdoer. So the majority of scholars give privileges to do this practice, and this is not included in the category of bribery. The researcher is interested in examining more deeply the discourse on the debate about the provisions of the practice of money politics. This qualitative research using the ushul fiqh approach aims to examine methodologically more deeply the discourse on the debate about the provisions of the practice of money politics.This debate will be examined using the istishlahy method. The result of this article is: First, this practice can be applied to risywah. Due to the similarity â€˜illat (logical ratio), namely khauf al-mail. Second, there is a privilege in conditions that are very far from idealism in practicing money politics, as long as the indicators which are the prevailing factors of money politics practice are found in the socio-political reality.

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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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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