Al-ISTINBATH Jurnal Hukum Islam
Latest Publications


TOTAL DOCUMENTS

76
(FIVE YEARS 55)

H-INDEX

1
(FIVE YEARS 1)

Published By Stain Curup

2548-3382, 2548-3374

2021 ◽  
Vol 6 (2) ◽  
pp. 271
Author(s):  
Hamda Sulfinadia ◽  
Deri Yanti ◽  
Jurna Petri Roszi

2021 ◽  
Vol 6 (2) ◽  
pp. 247
Author(s):  
Frina Oktalita ◽  
Darlin Rizki

This study aims to analyze the MUI fatwa no. 17 of 2020 concerning the guidelines for prayer for health workers who wear personal protective equipment (PPE) when handling and caring for COVID-19 patients. This study tries to describe the ijtihad method used by MUI in establishing a law. This study uses a type of library research with descriptive analysis. The results of this study state that health workers (PPE) must continue to pray even though it’s not possible to purify themselves (ablution or tayamum). With consideration, 1) if the body (lahiriyah) in hadas condition, it is not obligate his pray (I'adah), 2) if the PPE is unclean then it is necessary to repeat the prayer. The fatwa cannot be separated from the syar'i argument which is the basis for issuing the fatwa, particularly using the talfiq manhaji method. The fatwa can be used as an alternative to confusion over the law, and is intended to create benefits, especially for health workers who treat and handle Covid-19 patients.


2021 ◽  
Vol 6 (2) ◽  
pp. 427
Author(s):  
Deri Wanto ◽  
Rahmad Hidayat ◽  
R. Repelita

This article intended to identify the development of maqasid shariah theory and discourse in various published articles from various databases courses. By applying a systematic approach to a literature review, this article identifies the development of themes related to maqasid shariah. This approach is applied to fifty-three article in varied data source like ProQuest, Google Scholars, Scopus database and IRTI-IDB Proceeding. From the maqasid shariah index to maqasid shariah as a legal framework in contemporary fiqh discourse, even fatwa’s by various religious institutions such as the MUI. Nevertheless, the development of maqasid shariah as an analytical framework and paradigm has changed, from a values-based and juridical basis to social indicators.


2021 ◽  
Vol 6 (2) ◽  
pp. 313
Author(s):  
Bani Syarif Maula ◽  
Vivi Ariyanti

This research departs from a paradigm that the freedom of judges is a form of court independence, which requires that decisions taken must consider objectivity without pressure from any party. This study focuses on the attitude of judges' independence from factors that can influence court decisions, both internal and external factors related to the interests of certain groups. Based on these problems, this study addresses the issue of the independence of judges in cases of blasphemy. This type of research is empirical normative with a qualitative descriptive approach. The data sought for this research is data that comes from the facts of the application of material and formal law by judges in court. In addition, this data is also strengthened by interviews. This study concludes that the analysis of the application of the blasphemy article proves that judges as law enforcers have difficulty translating the substance of blasphemy because of the unclear formulation of Article 156a letter 'a' of the Indonesian Criminal Code. The judge's decision in the blasphemy case does not reflect the independence values of the judges who decide the case. Judges in making decisions on cases handled must be based on their ability to think and will freely (independently) but within the limitations of responsibility and objectivity. The panel of judges in blasphemy cases tends to adopt a more general and situation-oriented attitudes.


2021 ◽  
Vol 6 (2) ◽  
pp. 341
Author(s):  
E. Elfia ◽  
Surwati Surwati ◽  
Yan Fajri

This study aims to find out the basis and reasons for heirs of different religions to get inheritance from heirs who died and how the distribution of inheritance is carried out by the community in Nagari Bancah Kariang, Kinali District, West Pasaman Regency. This research is an empirical research using a socio-legal approach. The data used is qualitative data which is analyzed descriptively qualitatively. The findings from this study are the basis and method of dividing inheritance of different religions in Nagari Preparation Bancah Kariang, Kinali District, West Pasaman Regency is based on the habits that have been carried out by the family so that it has been passed down from generation to generation until now and the distribution of inheritance is carried out equally, regardless of religion. in a family member after the death of an heir. This is done with the aim of maintaining harmony among his family and is considered a fair distribution of inheritance with a family system. Families that have family members of different religions also get an equal share and do not differentiate the income from inheritance to their children to strengthen the relationship between children and their parents. The practice carried out by the Nagari Bancah Kariang community clashes with the Prophet's hadith which clearly states that different religions are a barrier to inheriting under any pretext because ikhtilaf al-diin is one of the mawani '(barriers) in Islamic inheritance law.


Sign in / Sign up

Export Citation Format

Share Document