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Al-Istinbath: Jurnal Hukum Islam
Scopus
ISSN 2548-3374 · Institut Agama Islam Negeri (IAIN) Curup · 155 articles in the index
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Journal Article
Strengthening the National Waqf Ecosystem through Legal Reform: An Analysis of Waqf Issues in the Provinces of Lampung and South Sumatra
The study aims to identify waqf issues in Lampung and South Sumatra Provinces and explore potential solutions to develop a national waqf ecosystem that is more responsive to the development of time. This research employed empirical juridical research. The primary data was gathered through…
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Journal Article
Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts
This article aims to determine the implications of changing Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage Dispensations in Indonesian Religious Courts. Specifically, this research seeks to analyze the increase in cases of post-amendment dispensation and explore the factors…
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Journal Article
Strengthening the Indonesian Bicameral Parliament: Siyasah Dusturiyah Perspective
This research aims at finding a strategy to strengthen Indonesia's bicameral parliament. It is a parliamentary system consisting of an Upper House and a Lower House. The Upper House, Regional Representative Council (DPD), represents certain groups or regions, and the Lower House, House of…
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Journal Article
Analysing the Pesantren Tradition of Arranged Marriages from the “Kupi Fatwa Trilogy” Perspective
This article aims to analyze the phenomenon of arranged marriage traditions in the Islamic boarding school world from the perspective of the KUPI fatwa trilogy. The KUPI fatwa trilogy, namely the ma’rūf (kindness), mubādalah (reciprocity), and true justice approaches, is used to investigate the…
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Journal Article
The Impact of Islamic Law on Human Rights Abuses in Conflict Zones
The article explores the interplay between international law and Islamic jurisprudence in mitigating human rights violations in conflict zones, emphasizing compliance and enforcement challenges. Given the persistent human rights abuses in crisis areas, ranging from torture to extrajudicial…
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Journal Article
Optimizing Prenuptial Agreements for Asset Protection: A Maqashid Sharia Based Approach
This research aims to explore the optimization of PNAs for asset protection by integrating the principles of maqashid sharia, which emphasize the protection of religion, life, intellect, progeny, and wealth. The high divorce rates in Indonesia, mainly due to online gambling, highlight the…
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Journal Article
UNCLOS' Role and Limitations in Resolving Marine Territorial Disputes: Integrating Islamic Jurisprudence for Enhanced Effectiveness
The article critically examines the United Nations Convention on the Law of the Sea (UNCLOS) and its limitations in addressing marine territorial disputes, especially in regions where Islamic jurisprudence holds influence. Given the strategic and resource value of marine territories, international…
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Journal Article
Between Flogging and Imprisonment: The Disparity Effect of the Sharia Court's Decision on the Supremacy of the Qanun Jinayat of Aceh
This research aims to map the same cases with different sentencing decisions, determine the causes for the disparities in penalties in those decisions, and elaborate on the reasons for judges in making decisions. Qanun Jinayat of Aceh has designated flogging as the primary punishment for qanun…
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Journal Article
Regional Autonomy System: Delegation of Authority and Power of Regional Government in Indonesia in the Study of Fiqh Siyasah
This research aims to find out the implementation of regional autonomy in Indonesia in general and also to find out about Fiqh Siyasah's view on the implementation of regional autonomy in Indonesia. A qualitative approach was used in conducting this research and data was obtained through relevant…
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Journal Article
From Conflict to Peace: Fuqaha Political Exegesis on Israel's War Crimes in Palestine
The aims of this research are to analyse the contributions of Indonesian netizens' comments regarding Israel's war crimes in Palestine and to examine the contributions of fuqaha's political exegesis towards peace politics in addressing these crimes. The study provides insights into Indonesian…
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Journal Article
A Comparative Analysis of Minority Political Participation from an Islamic Perspective in Indonesia and Singapore
This study aims to examine the Islamic political concept of minority political participation and compare its implementation in the contexts of Indonesia and Singapore. The research is a qualitative study utilizing a comparative method, combined with descriptive and analytical approaches. The data…
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Journal Article
Artificial Intelligence in the Era of Society 5.0: Compromising Technological Innovation Through theWasathiyyah Approach within the Framework of Islamic Law
This research aims to investigate the legality of using ChatGPT in education from the perspective of the Muslim community, focusing on ethics, Islamic law, and Islamic values. Since the emergence of Artificial Intelligence (AI) in the early 2020s, public debates on AI have generated both support…
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Journal Article
Islamic Legal Perspectives on Climate Change and Global Policy Frameworks
This article explores the intersection of climate change and Islamic law, analyzing how Sharia principles may enhance and support global environmental policies. The study aims to address the urgent need for ethical frameworks in environmental action by examining Islamic jurisprudence’s approach to…
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Journal Article
Penetration of Muamalah Jurisprudence into Indonesian Law
This research aims to elaborate the penetration of fiqh muamalah into the Indonesian legal system, especially in laws and regulations related to Islamic financial institutions. One fact is that the nomenclature of muamalah and/or fiqh muamalah is not found at all in legislation and legal system…
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Journal Article
Beyond Borders: Shedding Light on Foreign Bribery through an Islamic Legal Lens
This research examines the urgency and challenges of eradicating foreign bribery in Indonesia, utilizing the perspective of Islamic law as an ethical and moral framework. Although Indonesia has committed to the eradication of corruption through ratification of the United Nations Convention against…
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Journal Article
The Interaction and Acculturation of Islamic Law and Rejang Customary Law in Rejang Lebong Regency
The Rejang people are one of the ethnic groups inhabiting Bengkulu Province, possessing a unique language and script. Over time, it is suspected that interaction and acculturation have occurred between Islamic teachings and the customs of the Rejang people, with Islamic values exerting a…
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Journal Article
The Role of Customary Law in Family Resilience and Divorce Prevention: Phenomenological Studies in Indonesia
Based on data released by the Central Statistics Agency, the divorce rate in Indonesia continues to increase every year due to various factors behind it. The rise of divorce and the fragility of family resilience is partly due to the ineffectiveness of customary law in preventing this. So this…
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Journal Article
Contextualisation of Reciprocal Alues in Fulfillment Aliqah as an Effort to Strengthen the Family
This study aims to explore the form of the absence of reciprocal or mutuality values that lead wives to file for a divorce, the factors causing the non-implementation of reciprocal values in financial support, and strategies for family strengthening. This research is a qualitative descriptive study…
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Journal Article
Revitalizing Intellectual Property Rights in Indonesia: A Maqasid al-Sharia Perspective on Communal Ownership
Indonesia's diverse cultural heritage significantly contributes to its economic growth, yet the current intellectual property system, based on Western principles, may not fully align with the country's cultural values. This research aims to enhance the legal framework for Indonesia’s communal…
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Journal Article
Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation
This study aims to assess and elucidate the influence of polygamy on domestic violence as reflected in the Sharia Court rulings in Aceh, as well as the viability of polygamy as a justification for granting divorce petitions. The study of this topic is significant since Islam essentially allows…