Qisth: Jurnal Studi dan Penelitian Hukum Islam
Qisth: Jurnal Studi dan Penelitian Hukum Islam is a peer-reviewed academic journal that focuses on the exploration of contemporary issues in Islamic legal studies. The journal adopts both qualitative and quantitative research methodologies and covers a wide range of topics within social, religious, economic, cultural, political, and legal contexts. Qisth operates within the framework of Islamic law, encompassing Islamic Jurisprudence (Fiqh), Islamic Legal Methodology (Ushul Fiqh), the Objectives of Islamic Law (Maqashid Sharia), and Islamic Legal Philosophy. It engages with both classical and contemporary Islamic scholarship to critically address current developments and challenges. The scope of the journal includes, but is not limited to, the following areas: Social and Cultural Studies: Investigations into marriage practices, divorce, customary law, social policies, and related sociocultural phenomena from an Islamic legal perspective. Religious Studies: Research on Islamic astronomy, halal industries, government religious policies, zakat, waqf, and other religious legal issues. Economic Studies: Analyses of Islamic economics, Islamic banking law, and contemporary economic challenges related to Sharia. Political Studies: Studies on Islamic political systems, governance, and the intersection of politics and Islamic law. Legal Studies: Discussions on marriage law, inheritance law, Islamic economic law, family law, civil law, comparative law, and other fields relevant to Islamic legal discourse. Qisth invites scholars, researchers, and practitioners in the field of Islamic law to contribute high-quality, original research articles that offer fresh insights and critical analysis, aiming to advance the development of Islamic legal studies in both theory and practice.
Articles
23 Documents
<![CDATA[Penegakan Hukum Terhadap Tindak Pidana di ZEE ( Zona Ekonomi Eksklusif Indonesia ) Konvensi Hukum Laut International (UNCLOS 1982) ]]>
<![CDATA[Zainal Abidin Pakpahan]]>;
<![CDATA[Marlon Simanjorang]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 1 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[Abstract: Exclusive Economic Zones (EEZs) and offshore seas are geographically difficult to monitor and enforce. Crimes such as illegal fish theft, piracy, and human trafficking are common in the region. This study aims to analyze the legal aspects and challenges in cracking down on criminal offenders operating in the EEZ and offshore seas. Through literature studies and case studies, this study highlights the importance of international cooperation, surveillance technology, and effective law enforcement to address these problems. Keywords: Criminal Acts, Indonesian EZZ]]>
<![CDATA[Analisis Filsafat Hukum Pada Aturan Penghapusan Kekerasan Seksual Dalam Undang-Undang No. 12 tahun 2022 ]]>
<![CDATA[Moh. Fudholi]]>;
<![CDATA[Mohsi Mohsi]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 1 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[Sexual violence is a crime against humanity that has long been a serious issue in society. Its impact not only harms individual victims but also creates broader social injustice. The government has made efforts to address this issue through various regulations, one of which is Law No. 12 of 2022 on the Prevention of Sexual Violence. This law aims to provide stronger legal protection for victims and prevent the occurrence of sexual violence in society. This study analyzes the philosophical aspects of this regulation using a legal philosophy and legislative approach. The analysis highlights the concepts of justice, human rights, legal ethics, and social responsibility in the implementation of this policy. Additionally, this study evaluates the effectiveness of the regulation in achieving its objectives and the challenges faced in its implementation. By understanding the philosophical foundations underlying this regulation, it is expected that Indonesia’s legal system can be further strengthened to provide better protection and justice for victims of sexual violence.]]>
<![CDATA[Pendampingan Dan Sosialisasi Ketahanan Keluarga Melalui Pendekatan Financial Resilience Di Desa Bulmatet Karang Penang ]]>
<![CDATA[Fahmi Assulthoni]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 1 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[Financial resilience within households is always a persistent issue that haunts every family. It is a latent problem that requires special attention to prevent it from spreading and disrupting family stability and unity. Not all families are able to face enormous economic pressures without being equipped with maturity and strength in managing and handling their finances. In Bulmatet village, the community, based on the author's findings, needs mentoring and socialization to maintain family unity from the perspective of financial resilience. They admitted that they have not yet fully understood that financial resilience is one of the factors that can affect family resilience. This article aims to gather information and provide some solutions that the local community can apply in their social lives. It is hoped that the community can preserve and strengthen the integrity of their households through financial strength and resilience. The mentoring activities were conducted using socialization methods, including location surveys, program socialization, lectures, and discussions to deliver the material, concluded with general conclusions and evaluations. Based on the results of the mentoring, it is concluded that the people of Bulmatet village were very enthusiastic in participating in the mentoring and socialization program. They realized that financial resilience is one of the key factors in maintaining family resilience. Furthermore, they hope similar activities will continue to be held with topics that address other social issues]]>
<![CDATA[Regulasi Pasar dan Etika Penetapan Harga: Pandangan Klasik dan Kontemporer Para Fuqaha ]]>
<![CDATA[Prayudi Kumala]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 1 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[The concept of pricing in Islam is in accordance with maqasid sharia that aims with benefit. In determining the price of buikan only based on demand and supply. However, it must pay attention to aspects of justice, honesty, and welfare aspects. The market can play an effective role in life on the principle of free competition can apply effectively. The market does not expect intervention from any party, including the state with pricing authority or the private sector with monopolistic or other. The type of research in this paper is to use descriptive analysis with a comparative causal approach, which is a research that focuses on actual old causal comparisons by compiling, analyzing, and interpreting. The method of this writing is library research (liberary reseach), namely writing taken by theoretical basic research in collecting data from the library.]]>
<![CDATA[Economic and Social Impact of Islamic Inheritance Distribution : (an Analysis of The Development and Adaptation of Inheritance Law in the Modern Context) ]]>
<![CDATA[Mohammad Adnan]]>;
<![CDATA[Badrah Uyuni]]>;
<![CDATA[Mahfuz Mahfuz]]>;
<![CDATA[Sarbini Anim]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 2 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[This study examines the economic and social impacts of the distribution of Islamic inheritance and the adaptation of inheritance law in a modern context. Islamic inheritance law stipulated in the Quran and Hadith provides clear guidelines on the division of inheritance, but its implementation often faces various challenges, including delays in the distribution and uncertainty of rights. This study uses qualitative methods with observation and literature review to explore how Islamic inheritance law affects wealth distribution, economic and social justice, and adaptation to social and cultural changes. The study found that inheritance sharing plays an important role in creating economic and social justice, but is often hampered by a lack of understanding, delays, and internal family disputes. The implementation of technology and increased inheritance law education are expected to reduce disputes and increase compliance. This study also recommends the role of scholars and scholars in providing guidance and the need for a firmer legal system to overcome existing challenges. Further research is suggested to explore the impact of technology in inheritance management, case studies of law implementation in various communities, and evaluation of the role of ulama and the impact of inheritance law education on legal compliance.]]>
<![CDATA[Kontektualisasi Risalah al-Qadha Masa Khalifah Umar Bin Khattab dan Relevansinya Terhadap Peradilan Agama di Indonesia ]]>
<![CDATA[Bahrul Ulum]]>;
<![CDATA[Ibnu Alfin]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 2 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[History proves that the judiciary has existed and been known since time immemorial, in the course of Islamic history, the judicial system has been known since the time of the Prophet Muhammad. In this Treatise there is a lot of legal content and things that we can learn and apply, in the Religious Courts in Indonesia there are many similarities and conformities with the Treatise of Umar which was given to Abu Musa Al-Asy Ari, in fact many scholars quote this Treatise, because when studied in more depth this Treatise can really be used as a legal benchmark and guide to apply, as well as many judges in Indonesia who study and apply it when deciding legal and justice cases. The aim is to find out the extent of the Al-Qadha Treatise and its relevance in Religious Courts when applied from the perspective of one of the books: Religious Court Procedural Law Plus Principles of Islamic Procedural Law in Umar Bin Khattab's Qadha Treatise. This research method is in the library research genre with the aim of researchers being able to find out that the Al-Qadha Treatise is very relevant to Religious Courts in Indonesia, using a qualitative descriptive analysis approach. The results of this research show that Umar Bin Khattab sent a letter to judge Kuffah. In the contents of the letter there are two legal provisions; firstly the procedures of religious courts, secondly the competence of judges. b) During Umar's leadership the system of power was divided into the three parts that we know today (trias politica). c) The concepts in the Al-Qadha Treatise are similar to the Religious Courts in Indonesia. d) Likewise, in his ijtihad, Umar Bin Khattab cannot be separated from the Al-Quran, Ijma, Qiyas and Ra'yu. e) Indonesian Islamic Courts, several points in Umar's letter are in line with Indonesian Court procedures, this indicates that, in fact, the judiciary during the time of Umar Bin Khattab was an Islamic Court, which also applies to Islamic Courts in Indonesia.]]>
<![CDATA[Kepemimpinan dalam Rumah Tangga Perspektif Tafsir dan Analisis Gender ]]>
<![CDATA[Nor Salam Salam]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 2 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[This study examines the aspect of leadership in the family as stated in Surah al-Nisa verse 34 which states that men are leaders for women because Allah has given advantages to a man. Through the study of interpretation and gender analysis, this study concludes that leadership in the family is not taken for granted, or in terms of gender is not a natural gender, but rather the result of social construction. Therefore, leadership cannot be standardized on a particular gender, but is based on the aspect of capability possessed by both men and women.]]>
<![CDATA[Implementasi Prinsip Hukum Islam dalam Kegiatan Pemasaran: Antara Teori dan Realitas Lapangan ]]>
<![CDATA[Ilmia Rofi]]>;
<![CDATA[Sriwahyuni Sriwahyuni]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 2 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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<![CDATA[Marketing is a crucial component of business systems that determines the success of distributing goods and services from producers to consumers. However, in practice, marketing activities often face ethical dilemmas, especially when intense business competition drives marketers to neglect moral values in pursuit of targets. In the Islamic context, marketing is not merely assessed from an economic perspective but also through the lens of Sharia law, which emphasizes honesty (ṣidq), trustworthiness (amānah), justice, and the prohibition of deceit (tadlīs) and ambiguity (gharar). This study aims to examine how these Islamic legal principles are implemented in modern marketing practices. The research employs a qualitative method based on library research, using both normative and linguistic approaches. The findings reveal a gap between the theoretical ideals of Sharia-compliant marketing and real-world practices, where manipulative tactics that contradict Islamic ethics are still prevalent. Therefore, integrating spiritual values into marketing is essential to establish a business practice that is not only profit-oriented but also blessed and sustainable.]]>
<![CDATA[KAMPANYE DAN MENTORING KELAS POLIGAMI DALAM KASUS TREN DI INDONESIA : (Analisis Gerakan Sosial Accomodating Protest) ]]>
<![CDATA[Anisa Isdiyanti Isdiyanti]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 1 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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DOI: 10.36420/0j7m7120
<![CDATA[The pros and cons regarding the practice of polygamy are a discussion that will never cease to be debated by people in various parts of the world. Apart from the controversy regarding the issue of polygamy, the author found an online media site which is actively propagating the practice of polygamy, they call it the Polygamy Community, this community is expanding not only through offline activities in various regions, but also often exists to voice its understanding using online media. In this research the author will examine the motives of the Polygamous Community in Indonesia in terms of framing, opportunity structure and mobilization of the polygamous movement using the lens of social movement theory. The type of research is qualitative and empirical using descriptive analysis methods. The purpose of this article is to provide a literary understanding related to the polygamy campaign movement which is becoming a trend in Indonesia.]]>
<![CDATA[TINJAUAN MAZHAB SYAFI’I TERHADAP PULANGNYA SUAMI KARENA NUSYUZNYA ISTRI : (Studi Kasus Di Desa Sumber Waru, Kec. Waru, Kab. Pamekasan) ]]>
<![CDATA[Humaidi Humaidi]]>;
<![CDATA[Mohsi Mohsi]]>;
<![CDATA[Kamali Kamali]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 1 (2024) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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DOI: 10.36420/s4gays54
<![CDATA[Understanding of the wife's nusyuz which caused Sumi to return home in Sumber Waru village, in 2013 there was a case of nusyuz against a husband and wife couple who had only been married for approximately five months, where the wife's nusyuz was caused by her not wanting to move to the residence that her husband had just made. , so that the wife disobeys her husband's orders and does not carry out her obligations, but the husband remains patient in dealing with his wife's behavior and attitude and it is felt that the wife will not stay in her nusyuz for long. This research uses a qualitative study with a descriptive analytical method. The results of research on the form of wife's nusyus that causes the husband to return home in Sumber Waru village, sub-district. Waru, district. Pamekasan is: A wife's neglect and a wife's indifference to her husband's orders, after several months of moving to a new house made by her husband, but the wife returns from her husband's house for no apparent reason and doesn't even return even though she has been persuaded. Imam Syafi'i's opinion regarding the husband's return home due to his wife's nusyus in Sumber Waru village, sub-district. Waru, district. The husband's return home because of his wife's nusyus based on the case above, according to Imam Syafi'i's opinion, is not haram because the hijr arises not from the husband but from the wife, this is because the wife returns home and no one accompanies her husband in his new home. Basically, the husband does not want to hijr, this is proven by the fact that the husband has persuaded the wife to return to her house, but the wife is still adamant about not returning. Because of this, the husband stayed at home alone and did not bring any changes to his household.]]>
