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.
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<![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.]]>
