Al-Istinbath: Jurnal Hukum Islam

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 and criticism. Western scholars such as Kelly Ann Allen, Joseph A. Crawford, and Ricky Acanto argue that AI significantly contributes to enhancing learning, personalizing instruction, and managing resources. However, concerns have arisen regarding the negative impacts of AI, such as cheating and plagiarism. Islam, as a timelessly relevant religion, offers wise solutions to these issues. This empirical study employs a literature review approach using the Systematic Quantitative Literature Review method to map the dynamics of the AI ChatGPT discussion among scholars. This study adheres to Miles and Huberman’s three stages of data analysis: data display, reduction, and conclusion. The research findings indicate that internalizing the values of Wasathiyyah is crucial for developing a broad perspective on societal acceptance of AI ChatGPTs. Religious moderation emphasizes that Islam does not reject AI, but rather emphasizes the importance of mitigating its negative effects. With proportional policies, AI is expected to collaborate with humans to accelerate civilization forward.

Engkos Kosasih

Mohammad Rindu Fajar Islamy

Rizzaldy Satria Wiwaha

Al-ISTINBATH Jurnal Hukum Islam

Artificial Intelligence in the Era of Society 5.0: Compromising Technological Innovation Through theWasathiyyah Approach within the Framework of Islamic Law

人工智能在社会5.0时代：在伊斯兰法框架下通过瓦萨提亚方法实现技术创新的妥协

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 based on the increasing trend of divorce cases filed by wives. Data was gathered from online news about the trend of divorce lawsuits triggered by either the wife's or husband's failure to apply reciprocal values.Â Â Interviews were conducted with maslahah family counselors, heads of religious affairs office, female scholars, academics, and judges of religious courts about the reasons wives file for divorce and efforts to strengthen families. Analysis was done qualitatively using the theories of mublÃ and social adaptation. The findings indicate that the absence of reciprocal values is triggered by gender-biased understanding dominating classical scholars' mindsets, which rely on patriarchal ethics and greatly favour men. This gender bias is implemented in Indonesian marriage regulations and becomes ingrained in the subconscious of society. The gender bias is implemented in Indonesian marriage regulation and becomes ingrained in the subconscious of humanity. Consequently, the obligation of financial support is seen as an absolute duty of the husband, without considering specific circumstances such as illness, disability or imprisonment, which may prevent the husband from fulfilling his obligations. On the other hand, when a husband cannot provide financial support, he is also unwilling to share domestic responsibilities, causing the wife to bear a double burden. As a result, conflicts and violence often occur. Therefore, there is a need to reinterpret the concept of financial support by following the messages of the Quran and the dynamics of modern society, implementing reciprocal values, and adapting roles. Socialising reciprocal values to all elements of society through relevant institutions and social media is essential for realising family strengthening.

Linda Firdawaty

Zuhraini Zuhraini

Mokhammad Samson Fajar

Contextualisation of Reciprocal Alues in Fulfillment Aliqah as an Effort to Strengthen the Family

履行阿里卡中互惠价值的情境化作为加强家庭的努力

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 Corruption (UNCAC) and participation in the G20 Anti-Corruption Working Group, the persistence of a stagnant Corruption Perception Index (CPI) score and the absence of specific regulations on foreign bribery indicate a gap between international commitments and domestic implementation. Through a normative legal method, this research analyzes the legal framework and corruption eradication practices in comparison to the principles of fairness, transparency, and accountability in Islamic law. The results show that there are significant gaps in the regulation and practice of combating corruption, especially in relation to combating foreign bribery. This research recommends reforming regulations that not only meet international standards but also accommodate ethical and moral values from Islamic law, as well as emphasizing the importance of international cooperation based on the principle of solidarity in goodness. Efforts to eradicate foreign bribery in Indonesia require a comprehensive approach, combining legal reform, integration of Islamic values, and strengthening international cooperation, to increase the effectiveness of the fight against corruption and strengthen integrity and public trust.

Herawan Sauni

Zico Junius Fernando

David Aprizon Putra

Saivol Virdaus

Aris Hardinanto

Beyond Borders: Shedding Light on Foreign Bribery through an Islamic Legal Lens

跨越边界：从伊斯兰法律视角揭示外国贿赂问题

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 research was conducted to examine the existence of customary law in creating family resilience and preventing divorce. This type of research is descriptive-qualitative with a phenomenological approach. Data collection was carried out through focus group discussions (FGD) with traditional leaders about customary rules that are applied to create family resilience and prevent divorce. The research results show that traditional institutions have made customary regulations to create family resilience and prevent divorce, including making customary rules to minimize divorce, requiring prospective brides and grooms to take pre-marital courses, resolving husband and wife conflicts and preserving marriage traditions. However, the application of customary law in creating family resilience and preventing divorce faces a number of internal and external challenges. Internally, the obstacles include weak competence of traditional leaders in carrying out their functions as executors of customary law, decreased public trust in traditional leaders, and decreased public awareness of implementing customary law in marriage processions. External challenges include government policies that amputate the role of customary law in society, and the lack of government support for customary institutions. So the role of customary law needs to be revitalized as local wisdom which really functions to solve various problems in society.

Munadi Usman

Abdullah Abdullah

Kafrawi Kafrawi

Muhammad Jafar

The Role of Customary Law in Family Resilience and Divorce Prevention: Phenomenological Studies in Indonesia

习惯法在家庭韧性及离婚预防中的作用：印度尼西亚的现象学研究

This study aims to analyze the application of child rights protection in divorce decisions at the Cirebon Religious Court and explore ways to optimize this protection using the maslahah approach. Divorce significantly impacts the physical and mental development of children, often resulting in a weakened next generation due to the lack of fulfillment of children's rights post-divorce. The research employs a normative juridical method, incorporating statute, case, and conceptual analyses to provide a comprehensive understanding of the current legal landscape and its shortcomings. The findings reveal that while the inclusion of children's rights in divorce decisions is crucial, it remains optional rather than mandatory. This oversight leaves many children vulnerable, as their rights are not consistently safeguarded in the aftermath of their parents' separation. Currently, no regulation mandates the inclusion of children's rights in divorce decrees, limiting judges to act only on explicit petitions. This study highlights the effectiveness of the Maslahah approach in ensuring that children's rights are prioritized, recommending significant legal reforms to make the inclusion of these rights mandatory in divorce rulings. Such reforms would provide a robust legal foundation to safeguard children's human rights post-divorce, covering aspects such as education, health, and protection from parental conflict. By implementing these recommendations, we can enhance the well-being of children affected by divorce and ensure their rights are consistently protected.

Ibnu Radwan Siddik Turnip

Sumper Mulia Harahap

Abdul Halim Talli

Arminsyah Arminsyah

Muhamad Hasan Sebyar

Implementing the Concept of Co-Parenting in Divorce Cases: An Analysis Using the Maslahah Approach

在离婚案件中实施共同育儿理念：基于Maslahah方法的分析

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 polygamy, provided that men can behave justly. The divorce ruling at the Sharia Court in Aceh revealed that polygamy led to the neglect of women and other forms of domestic violence. Unfortunately, Indonesian laws and regulations do not acknowledge polygamy as a valid ground for women to petition for divorce. The study is normative juridical review in nature. The data source is a judicial ruling. The data is examined under a women's protection framework. The findings indicate that the wife initiated divorce proceedings against her husband for practicing polygamy, which contravened Indonesian marital law and the Compilation of the Islamic Law, namely polygamy conducted without the wife's consent. Furthermore, polygamy often leads to domestic abuse against the wife. Polygamy can be categorized as irresponsible when practiced by a husband lacking steady economic resources, resulting in the neglect of women and their children. This polygamy is likewise deemed a contravention of the rules of marriage in the Islamic jurisprudence. At the present time, polygamy is not recognized as the reason for divorce in the Indonesian law. This study advocates for the inclusion of polygamy without consent as a legal ground for divorce, as the current legislation recognizes only physical domestic violence as a valid justification for divorce.

Analiansyah Analiansyah

Dhiaurrahmah Dhiaurrahmah

Jamhuri Jamhuri

Abdul Jalil Salam

Mizaj Iskandar

Polygamy and Women's Rights: An Examination of Divorce Litigation in Sharia Court Rulings Pertaining to Revisions in Indonesian Matrimonial Legislation

一夫多妻制与妇女权利：对印度尼西亚婚姻立法修订相关伊斯兰教法法院离婚裁决的审查

The article explores the integration of international law and Islamic judicial principles in post-conflict reconstruction to foster long-term peace. The research aims to assess how these legal frameworks contribute to governance, human rights, and reconciliation in societies recovering from war. Utilizing a qualitative methodology, the study analyzes case studies and legal documents to examine the effectiveness of combining international and Islamic legal systems in addressing post-conflict challenges. The findings reveal that while international law provides a foundation for accountability and normative standards, its universal application often neglects local traditions and culturally rooted dispute-resolution processes critical for sustainable peace. By incorporating Islamic judicial principles, which emphasize justice, reconciliation, and community involvement, these gaps can be addressed effectively. The study concludes that the integration of Islamic judicial concepts with international legal norms offers a culturally sensitive approach to rebuilding post-conflict societies, enhancing local ownership and sociopolitical alignment. This nuanced framework holds the potential to strengthen governance structures and promote enduring peace.

Suhaba Nizar Nazem

Ammar Khadim Jasim

Mohammed Turki

Oudha Yousif Salman Al-Musawi

Dmytro Khlaponin

The Intersection of Global Legal Frameworks and Islamic Judicial Principles in Post-Conflict Reconstruction and Peace building

全球法律框架与伊斯兰司法原则在冲突后重建与和平建设中的交汇

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 stewardship (Khilafah), justice (Adl), and protection for vulnerable populations. Using a comprehensive literature review and case studies, this research investigates the relevance of Islamic law and international legislation on climate change. Islamic principles offer unique perspectives on environmental governance that prioritize equity and communal responsibility, bridging gaps in existing global policy frameworks. Findings reveal that integrating Sharia-based ethics can promote more inclusive and justice-oriented climate policies. This integrative approach underscores the potential of Islamic legal principles to strengthen and diversify international climate action, contributing to more equitable and effective solutions. By incorporating Islamic legal concepts, this study provides insights into developing a robust, ethical foundation for global climate governance.

Jasim Mohammed Hussein

Sawsan Khairy Abdullah

Zahraa Mahdi Dahash

Mohammed Zuhair

Asanalieva Meergul Maksutalievna

Islamic Legal Perspectives on Climate Change and Global Policy Frameworks

伊斯兰法律视角下的气候变化与全球政策框架

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. However, in other reality, substantively, fiqh muamalah has become an integral part of the Indonesian legal system, at least as evidenced by the positivization of fourteen laws and regulations related to Islamic financial institutions. The study uses a descriptive qualitative method that focuses on the analysis of legal documents. The analysis method used is a normative descriptive technique involving a historical approach to Islamic law in the context of Indonesia. The findings of this study reveal that the penetration of fiqh muamalah into the Indonesian legal system does not only occur at the theoretical level, but has also had a real impact on the legal culture, legal structure, and legal substance of Indonesian law. At the level of legal culture, muamalah has become an attitude and legal awareness in the form of beliefs, values, ideas, and expectations of the community. As a legal structure, muamalah already has state institutions and their enforcement organizations. In addition to the House of Representatives, which carry out the role of legislation with the government, the legal norms of muamalah have been implemented by Islamic banking institutions, Islamic capital markets, Islamic insurance, Islamic pawnshops, and other Islamic microfinance institutions. Meanwhile, in terms of legal substance, the legal norms of muamalah have manifested into various laws and regulations related to economic and social activities, which are basically related to the determination of sharia principles as the main reference for the activities of financial institutions, the use of muamalah contracts in sharia economic activities, and the criminalization of violations of sharia principles.

Husni Husni

Miftahul Khairat

Penetration of Muamalah Jurisprudence into Indonesian Law

印尼法律中穆阿迈拉法学的影响渗透

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 significant influence on their way of life. The aim of this research is to identify the various types of customary law practiced by the Rejang people and to explore the interaction and acculturation between Islamic law and Rejang customary law in Rejang Lebong District. To achieve this goal, the study employed a normative empirical method with a qualitative approach, which included legal document analysis, as well as direct observation and interviews. The findings revealed two main conclusions: First, the types of Rejang customary law in Rejang Lebong District encompassed various rules within the categories of customary law such as cepalo mato, cepalo mulut, cepalo tangan, cepalo kaki, and cepalo telingo. These rules reflected strong values and norms that regulated individual behavior and social interactions within the community. In cases of more serious violations, such as adultery and immorality involving the abduction of another man’s wife, Rejang customary law enforced stricter measures such as flogging and cuci kampung (community cleansing rituals). Second, there was a mutual interaction between the universal values of Islam and the unique local customs, resulting in a distinctive form of Islamic culture. The process of acculturation between Islamic law and Rejang customary law created a unique form of Rejang customary law that did not conflict with the principles of Islamic law.

Mabrursyah Mabrursyah

Nelly Marhayati

Habiburrahman Habiburrahman

Anida Yasmin

The Interaction and Acculturation of Islamic Law and Rejang Customary Law in Rejang Lebong Regency

伊斯兰法与雷姜习惯法在雷姜乐蓬县的互动与融合

涉及主题	哲学政治学神学法学历史考古地理伊斯兰教社会学计算机科学伊斯兰教法认识论数学生物心理学
出版信息	出版商: State Institute for Islamic Studies Curup，出版周期: ，期刊类型: journal，开源期刊: 是
基本数据	创刊年份: 2019，原创研究文献占比: 0.00%，自引率:N.A.， Gold OA占比: 0.00%
平均审稿周期	网友分享经验：12 Weeks

Al-Istinbath: Jurnal Hukum Islam

期刊引文格式

有 1 位以上作者的期刊

有 2 位作者的期刊

有 3 位作者的期刊

有 5 位以上作者的期刊

书籍引用格式

学位论文引用格式

网页引用格式

专利引用格式

手工熬夜修改参考文献？研飞自动匹配期刊，一键轻松成稿，支持 Word/WPS

投稿经验分享