Al-ISTINBATH : Jurnal Hukum Islam
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Articles
Urgensi Talak Di Depan Sidang Pengadilan Perspektif Maslahah Mursalah

Asmara, Musda, Andira, Reti

AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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Abstract

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 childs 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.

Kedudukan Shalat Sunnah Qabliyyah Jumat Dalam Pemikiran Hukum Imâm Al-Nawawî

Khair, Rizky Muktamirul, Busyro, Busyro

AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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Abstract

The firm stipulation of sunnah qabliyah prayer is not found in the hadith of the Prophet, but among the scholars of the Shafiyah, such practice is still carried out by likening it to other fardhu prayers. The practice has been studied extensively by Shafiyah scholars, and one of them is Imâm al-Nawawî. The question asked in this discussion is the rationale of Imâm al-Nawawî in establishing the law of sunnah law for the prayer and when its execution time. According to Imâm al-Nawawî, the argumentis the generality of hadith announcement about sunnah rawatib prayer and the use of qiyas between Zuhr prayer and Jumat prayer. The general argument is more valid and strong compared with other postulates. As for the time of its implementation, sunnah qabliyyah prayerfor Jumat prayer may be done if there is the first azan when zawâl. Whereas if only one azan, may pray two rakah with the intention of sunnah qabliyyahbefore Jum’ah prayer together with tahiyyatul masjid prayer for the new arrival at khutbah. As for those who have sat before the khutbah, it is enough with sunnah muthlaq prayer.

Dekonstruksi Epistemologi Muhammad Shahrur

Rangkuti, Suheri Sahputra

AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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Abstract

The past viewpoint of issuing fiqh policy was strongly influenced by episteme (in Arkoun) in his time. Of course this is not the point of the problem at this time.The main problem is to draw the building of past thinking, both in the epistemological realm and in the axiology level. Finally, many fiqh are merely swell and attempts to rationalize the classical mass construct without dismantling and rebuilding from scratch. This fiqh policy must inevitably clash with the present, for example, fiqh about women, which closes a lot of their space, because classical masculine and patriarchal epistemes make them lose their independence even considered inappropriate even if they only determine the direction of their lives. Shahrur came by reading and deconstructing the epistemology in womens fiqh so as to produce friendly fiqh in the present nuance. Although the way he traveled was classified as not mainstream, the mega project he handled was worthy of investigation and discussion.

Keterjaminan Kedudukan Dzaul Arham Dalam Kewarisan Islam Melalui Wasiat Wajibah

Shesa, Laras

AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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Dzaul Arham mentioned his part in the discussion of the obligatory will. Mandatory wills are different from ordinary testaments. Although the boundaries of the section are the same, they cannot be one third. But regarding its position there are still differences of opinion. And according to the author although with the existence of differences of opinion that little or no part of dzaul arham was taken into account. In this journal the author uses substantive qualitative research methods, with the research type library research. The primary data comes from the literature. With the method of deductive analysis, something universal leads to a specific direction. The position of dzaul arham is indeed not written in the Koran but its position has become the ijma of the ulamas still being calculated with several conditions including no furudh ashhabul. Second, there is no ashabah. And finally, if furudh ashhabul only consists of a husband or wife, then he will receive his inheritance fardh, and the rest will be given to dzawul arham. Through the obligatory dzaul arham testament as though the parts are taken into account. And the completion of the obligatory will that the writer recommends is a settlement from Hasbi Ash-Shiddiqi, namely by determining the part of each heir including the recipient of the obligatory will, replacing the position of his deceased parents according to the level of his acceptance. Providing the recipient of the mandatory will for the portion that should have been received by his parents a maximum of one third of the portion. Giving excess balance after taking the mandatory test taker to the heirs according to the level of their respective parts. So that this way the dzawul arham part is still very calculated, or its position can be guaranteed.

Korelasi Historisitas Ilmu Hisab Rukyat Dengan Perkembangan Peradaban Islam

Manzil, Liizza Diana

AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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Few people, especially the layman who understands that the science of reckoning and rukyat can also be called as the science of falak (islamic astronomy). This is caused in the implementation of islamic astronomy science found manythe practice of reckoning (calculation) and rukyat (observation). If you look a few years ago, the practice of hisab rukyat has been implemented by Rasulullah SAW even before Islam came. In history noted the development of the science of hisab rukyat experienced rapid development in the Islamic world. it proven from the birth of a number of intellectual Muslim who are proficient in the astronomy, astrology, mathematics and other exact science. In addition, the number of writings and instruments created can not be denied Islamic civilization continues to experience the golden age. From this, it clearly shows the historicity of the science of hisab has an important correlation to Islamic civilization, such as in the calculations and studies of sky object for the practice of Falak Science experience the level of carefulness more accurate. So rapid the science of hisab rukyat science from the era of the Prophet until the modern era shows that Islamic civilization also experienced rapid development along the course of history.

Metode Penetapan Hukum Dalam Berfatwa

Mukhlishin, Ahmad, Suhendri, Aan, Dimyati, Muhammad

AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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Abstract

Fatwa is the answer to the problem that arises, usually respond to contemporary things. This can be seen from a series of fatwa issued by the MUI. from the problem golput, cigarettes, pre-wedding photos, motorcycle taxi women and many other things. Fatwa is a very urgent case for humans because not everyone is able to explore the laws of the Sharia. Or it can be concluded that the fatwa is an explanation of Sharia law on various issues that occur in the midst of society. Therefore, given the importance of the position of the fatwa, it should be done that the people do not ignore the fatwas issued by the Fatwa scholars born because of the consideration of the benefit of the ummah or mashalihul ummah, and in this paper will be discussed about the methods of law enforcement in berfatwa. One of the conditions for determining fatwas is that they must fulfill the methodology (manhaj) in teaching, because it establishes fatwas without regard to manhaj including those which are prohibited by religion. Establish a fatwa based solely on the necessity (li al-hajah), or because of the benefit (li al-mashlahah), or because the essence of religious teachings (li maqashid as-syariah), with no adhering to nushus syariyah, including the excessive group (ifrathi). Within the scope of the fatwa there are some important things that must be noticed by a mufti (giver of fatwas) and a mustafti (the person who asks fatwas) so that the resulting fatwa can be useful in solving a problematika. For the sake of perfection a fatwa of mustafti must use some method which must be consumed in solving problem which in ijtihadi at that time, like method bayani, talili and termi.

Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari??ah)

Elkhairati, Elkhairati

Al-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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This article aims to review the Law and Maqashidasy-Syariah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyariah (law-making purposes). Because the shariah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shariah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shariah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).

Pelaksanaan Eksekusi Hadhonah Bagi Pasangan Yang Bercerai Di Pengadilan Agama Curup Tahun 2016

Arifin, Zainal

Al-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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This research aims to give a identification about Hadhanah??s problems which were often separated with claims or divorce requests. The phenomenon of child custudy disputes for small regional areas such as in city of Curup is not understood yet by the public. The lack of understanding about it sometimes makes what has been decided by the court is not implemented by the parties concerned. This research was field research with qualitative approach. In assessing the primasy data obtained from the interview, the researcher used interative libraries such as the Alquran and hadith. From the research, it is found that, first the number of hadhanah??s case at Curupreligious court class I B in 2016 is one case with the case number 262/Pdt.G/2016/PA.Crp. Second, the exsecution of hadhanah??s case at curupreligious courts in class I B in 2016 has never been done because the public understanding of the execution is still lack, the cost of execution is quite expensive and the strength of family principles in solving problems. Last, the consistency of the level of execution ofhadhanah??s caseinCurup religious courts in class I B in 2016 can not be seen and can not be found. It is because there has never been any parties who have filed an appeal or a request for a cassation against hadhanah??s verdict.

Resistensi Ulama Terhadap Konsep Takharuj Dalam Fikih Hanafiyah

Elfia, Elfia

Al-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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This research is based on the desire to know the cause of rejection (resistance) of ulama to the concept of takharuj which isdeveloped in fikih Hanafiyah. The Hanafiyah scholar follows the way of takharuj (the removal of one or more beneficiaries from the heirs of the beneficiary in return for the benefit of other beneficiaries either by using his own property or from the heritage property. However,there is a weak point in the completion of the law so that scholars outside Hanafiyah refuse and do not practice it. This research is a library research by collecting and reading jurisprudence literature that contains the opinion of the major ulama and Hanafiyah scholars as the primary material. The approach used in this study is a normative approach. There is a resistance (rejection) of scholars to the concept of takharuj submitted by Hanafiyah scholars because takharuj is considered as a legacy sale but the object of trading is not yet or is not clear. This is contrary to the general principle of muamalah maaliyah. Besides, giving inheritance to the heirs before the person died, even though the purpose was to benefit the heirs, violates and conflicts with the prophecy of qathi, and the principle of ijbari in inheritance.

Problematika Penerapan Sanksi Pidana dalam Perkawinan Terhadap Poligami Ilegal

Roszi, Jurna Petri

Al-ISTINBATH : Jurnal Hukum Islam Vol 3, No 1 (2018)
Publisher : Sekolah Tinggi Agama Islam Negeri (STAIN) Curup

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This article aims to describe the problems of the application of criminal sanctions against polygamy committed illegally in the middle of society. Regardless of the controversy of agreeing and disagreeing, the issue of polygamy is a reality that occurs in society. The purpose of polygamy is the same as the purpose of marriage itself, that is worship. However, when the issue of marriage, that in is fact private law, violates the provisions, then the perpetrators may be subjected to criminal sanctions. Criminal sanctions imposed on illegal polygamists are very diverse. This is supported by the attitude of governments ambiguity in viewing illegal polygamy. The Governments doubt and uncertainty in viewing the illegal act of polygamy has implications for the inherent criminal sanctions against the act, strangely the criminal sanction inherent in the law depends on the degree to which the regulations are looked at. This research uses normative law research method whith normative juridical approach. The results of illegal polygamy research is not seen as overspel acts that can be threatened with criminal provisions Article 284 of the Criminal Code because the element of overspel is not the same as polygamy. Polygamy remains a legitimate marriage as the norms contained in the Law No.1 of 1974 onmarriage.Nevertheless the marriage of polygamy must still fulfill the terms and conditions as determined by the Law No.1 of 1974.