Achmad Rois, Galuh Widitya, Tren Keberhasilan Qomaro, Mediasi, Qomaro
{"title":"Tren Keberhasilan Mediasi di Pengadilan Agama Wilayah Madura dan Faktor-faktor yang Memengaruhinya","authors":"Achmad Rois, Galuh Widitya, Tren Keberhasilan Qomaro, Mediasi, Qomaro","doi":"10.36701/bustanul.v4i3.1116","DOIUrl":"https://doi.org/10.36701/bustanul.v4i3.1116","url":null,"abstract":"This research aims to analyze the success of mediation in the Madura Regional Religious Court. This research uses a qualitative method with a field approach where data is obtained from interviews with judges, mediators and parties involved in the mediation process at the Madura Regional Religious Court. The research results show that the Sumenep and Pamekasan District Religious Courts have a higher number of cases that are successful through mediation compared to Sampang and Bangkalan Districts. The failure factor for mediation in Religious Courts throughout the island of Madura is that the Madurese people still do not fully understand the mediation system, plaintiffs and defendants tend to rely on advocates. The trend of successful mediation in the Madura Regional Religious Court is less than half of the divorce cases submitted to the Religious Court.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"118 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139023098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Islam dan Politik Hukum dalam Undang-Undang Nomor 3 Tahun 2022 Tentang Ibu Kota Negara","authors":"Ade Andriani, Surya Hady Winata","doi":"10.36701/bustanul.v4i3.1031","DOIUrl":"https://doi.org/10.36701/bustanul.v4i3.1031","url":null,"abstract":"This research aims to explain the views of Siyāsah Dustūriyyah, Legal Politics and Benefits regarding the legislation of Law Number 3 of 2022. This type of research is normative juridical research, namely conducting research through legal materials in the broadest sense, usually called library research. ). This research is also descriptive analytical in nature with a normative approach to law enforcement or a law enforcement-based approach (State Approach). The data collection techniques in this research were carried out using literature study and qualitative deductive analysis. The research results show that in the sense of siyāsah dustūriyyah, law number 3 of 2022 already has Islamic principles which do not yet have the principles of shura' and democracy. However, it ignores the role of society in its formation. The Islamic principles applied are the implementation of IKN law through a process of planning, preparation, discussion, determination, dissemination, as well as research and interpretation. Legal Policies and Regulations National Capital Law no. 3 of 2022 does not provide good and fair guidance according to the country's needs. Because the contents of the National Capital Law no. 3 of 2022 is not in accordance with the conditions and needs of the land and people of Indonesia.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"134 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139017893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Praktek Larangan Perkawinan di Antara Dua Hari Raya (1 Syawal-10 Zulhijah) Perspektif Hukum Islam","authors":"Mustafid Mustafid","doi":"10.36701/bustanul.v4i3.1087","DOIUrl":"https://doi.org/10.36701/bustanul.v4i3.1087","url":null,"abstract":"This research examines Islamic law's view regarding the prohibition of marriage between two holidays (1 Shawwal-10 Dhu al-Hijjah) in Sungai Apit Village and the nature of the prohibition on marriage in Islam. The method in this research is normative with a sociological and phenomenological approach. The results of this research data show that the reasons behind the emergence of a ban on marriage between two holidays (1 Syawal-10 Dhu al-Hijjah) are first, the majority of Sungai Apit people have migrated to Malaysia and will only return home when the Eid al-Adha holiday approaches. Second, traditional leaders understand that the prohibition on marriage is surrounded by two holidays considered sacred by the community and are not allowed to disturb their sacredness. Third, the people of Sungai Apit from 1 Shawwal to 10 Zulhijah focus on increasing the amount of worship that can only be done at that time. Fourth: customs created for the good of society. As for the review of Islamic law, the prohibition of marriage between two holidays (1 Shawwal-10 Dhu al-Hijjah) is contrary to Islamic law because custom has prohibited something permitted in Islam; even the month of Shawwal is the recommended time for marriage. So, for people who marry between two holidays, the law is permissible.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"46 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139014826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tinjauan Hukum Islam terhadap Pendistribusian Dana Zakat untuk Kegiatan Produktif dan Kemaslahatan Umum","authors":"M. Kasim, Imran Muhammad Yunus, Ilham Thalib","doi":"10.36701/bustanul.v3i3.673","DOIUrl":"https://doi.org/10.36701/bustanul.v3i3.673","url":null,"abstract":"This study aims to find out and understand the form of distribution of zakat funds for productive activities and public benefit in the view of Islamic law. The problems that the authors raise in this study are; First, what form is the distribution of zakat funds for productive activities and public benefit? Second, how is the review of Islamic law regarding the distribution of zakat funds for productive activities? Third, how is the review of Islamic law regarding the distribution of zakat funds for public benefit? This research is a qualitative descriptive research (non-statistical), which focuses on the study of manuscripts and texts, using normative and historical approaches and using deductive and comparative analysis methods. The research results found are as follows; The distribution of zakat funds for productive activities is divided into two forms, namely: non-investment and investment. Meanwhile, the form of distribution of zakat funds for the public benefit is that zakat is distributed to other than mustahik mentioned by Allah SWT. such as building bridges, repairing roads, and so on. The distribution of zakat funds is permitted in other forms as needed, productive goods such as goats, razors, etc., as well as in the form of business capital if the distribution is disbursed directly to the mustahik (non-investment).","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"11 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117004540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Hukum Islam: Antara Wahyu Tuhan dan Pemikiran Manusia","authors":"Marzuki Umar, Kurniati Kurniati, M. Misbahuddin","doi":"10.36701/bustanul.v3i3.566","DOIUrl":"https://doi.org/10.36701/bustanul.v3i3.566","url":null,"abstract":"The purpose of this study is to find out how reason and revelation go hand in hand in the formation of Islamic law. The method used is a literature study with a qualitative approach. The results of the study show that reason and revelation are both the basis for giving birth to Islamic law. This study also analyzes that there is no contradiction between reason and revelation in principle. In fact, the position between reason and revelation can be parallel, but theologically it is revelation that is the source of inspiration for reason so that revelation (as a subject) has a higher position. On the other hand, reason cannot be a source of revelation, because reason is a creation while revelation is the word of God. The conclusion of this research is that today's Islamic law must be able to maximize its scientific reasoning (reasoning) in order to find hidden meanings in the texts of the Qur'an and hadith in answering the problems of life in the world without neglecting the benefits of the hereafter.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129868934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pemanfaatan Air Gambut untuk Berwudu dalam Perspektif Fikih Taharah","authors":"Syamsiah Nur, Sartini La Mbajo, Anastasya Putri","doi":"10.36701/bustanul.v3i3.676","DOIUrl":"https://doi.org/10.36701/bustanul.v3i3.676","url":null,"abstract":"This study aims to introduce one type of water in Indonesia, namely peat water and its use for ablution in the perspective of taharah fiqh. This research is a library research that focuses on the study of manuscripts and texts, using a normative and descriptive juridical approach. In analyzing the data, the researcher used content analysis. The results of this study are peat water that has not been processed, the law can be permissible, makruh or forbidden to use for ablution. It is permissible to use peat water whose pH and organic matter can still be categorized as normal, but it is makruh if it is used long term as a form of caution. If it has been processed into clean water, it is legal to use it for ablution even though the taste, color and smell have changed by taking into account the increasing demand for clean water. The legal decisions that have been made have not taken into account the adaptability that the community around peat water may have.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132321729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Khaerul Aqbar, Iskandar Iskandar, Awal Rifai Wahab, Abdul Aziz Husaini
{"title":"Manajemen Pengelolaan Properti Syariah pada PT. Khansa Property Syariah Perspektif Fikih Muamalah","authors":"Khaerul Aqbar, Iskandar Iskandar, Awal Rifai Wahab, Abdul Aziz Husaini","doi":"10.36701/bustanul.v3i3.670","DOIUrl":"https://doi.org/10.36701/bustanul.v3i3.670","url":null,"abstract":"This study aims to know and understand management and the application of sharia property contracts at PT. Khansa Properti Syariah in the perspective of fiqh muamalah. This research is a qualitative field research using a normative juridical approach. Data collection methods used in this study were interviews and documentation. The results of the study show that in management there are three stages, namely planning or marketing, launching or during marketing, and post-marketing. PT. Khansa Property Syariah pays great attention to location determination, pricing, building quality, services, buying and selling transactions, promotional media, and the Islamic environment. The practice of applying the contract of sale and purchase of property by PT. Khansa Property Syariah uses the bay' istiṣnā` contract in the sale and purchase transaction of the property in accordance with the muamalah fiqh perspective because the buyer has the right to discuss the contents of the contract but within the limits given by PT. Khansa Property Sharia. Likewise, management and marketing have fulfilled the terms of sale and purchase and do not conflict with Islamic law according to the perspective of muamalah fiqh. The implications of this research for PT. Hopefully Khansa Properti Syariah in the future will always implement the implementation of buying and selling according to Islamic law. In carrying out the property business, the company should also have large capital even without involving a bank, so that buyers do not have to wait long for their houses to be built.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114452045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Penyaluran Zakat untuk Penanganan Dampak Covid-19 dalam Perspektif Hukum Islam (Analisis Pendapat Para Ulama Fikih)","authors":"Askar Patahuddin, Azwar Azwar, Muh. Syukur S.","doi":"10.36701/bustanul.v3i3.661","DOIUrl":"https://doi.org/10.36701/bustanul.v3i3.661","url":null,"abstract":"This study aims to determine the law of distributing zakat in the prevention of Covid-19 based on the perspective of Islamic law. This research is a type of qualitative research that focuses on the study of texts (library research) with a normative and historical approach. The results of the study show that the law for distributing zakat is in tackling or handling the impact of Covid-19, such as the allocation of consumptive zakat on the procurement of basic needs, medicines, Personal Protective Equipment (PPE) clothing for medical personnel, disinfectants needed by officers or volunteers, and others, are mubah (permissible). This law of permissibility is based on the study of the verses of the Qur'an, hadith and the opinions of scholars. However, this permit still has to prioritize the poor in meeting their basic needs in the form of zakat distribution, both in cash and in kind. \u0000 \u0000 ","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116096559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Rosmita Rosmita, S. Sirajuddin, Nurul Qisti, Nasaruddin Nasaruddin
{"title":"Mencukur Rambut Bayi Perempuan Saat Akikah Perspektif Mazhab Imam Ahmad bin Hanbal","authors":"Rosmita Rosmita, S. Sirajuddin, Nurul Qisti, Nasaruddin Nasaruddin","doi":"10.36701/bustanul.v3i3.620","DOIUrl":"https://doi.org/10.36701/bustanul.v3i3.620","url":null,"abstract":"This study aims to find out the problems of shaving hair for babies at the time of aqeekah among the scholars, as well as to find out the views of the Imam Aḥmad bin Hanbal school and its legal isntinbat method in the issue of shaving hair for baby girls in aqeekah. This research is a type of descriptive literature research, which focuses on the study of text manuscripts, using a normative juridical approach. As for the results of the research that scholars have different opinions regarding the law of aqeekah, some say that it is sunnah muakkadah and some say that it is obligatory, in the implementation of aqeekah it is sunnah to perform all rituals of aqeekah. As for the wisdom, it is prescribed for aqikah that there are many benefits, as a form of gratitude to Allah swt, the conditions for akikah are the same as those for qurban and there is no difference of opinion on this matter. In the istinbat method, Imām Aḥmad bin anbāl from the prophet's hadith as well as the opinion of scholars, it is seen that shaving the hair on babies is only for male babies, so that female babies are not included in the order, so they are judged differently from the law for male babies. Regarding this, the opinion of Imam Ahmad bin Hanbal views that it is makruh to shave a baby girl's hair","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121904605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Nuraeni Novira, A. Hawariah, Hijrayanti Sari, Sumayyah Binti Amir
{"title":"Kategori Darah yang Keluar Akibat Kehamilan Anggur Perspektif Fikih Islam","authors":"Nuraeni Novira, A. Hawariah, Hijrayanti Sari, Sumayyah Binti Amir","doi":"10.36701/bustanul.v3i3.645","DOIUrl":"https://doi.org/10.36701/bustanul.v3i3.645","url":null,"abstract":"The research in this thesis aims to find out the opinions of fiqh scholars about the types of blood that women are accustomed to and the category of blood that comes out due to moral pregnancy. This type of qualitative descriptive research, which refers to library research, using normative, comparative, and phenomenological approaches. The research results found are as follows; First, according to the fiqh scholars, there are three types of habituated blood, namely: 1) menstrual blood that comes out of the womb of a woman who is 9 years old or less than 16 days old when she is healthy and without cause, which comes out at a certain time; 2) puerperal blood that comes out of the uterus due to birth, after or before which is accompanied by pain; 3) istihadhah blood that comes out of the surface of the uterus in addition to the periods of menstruation and childbirth, which comes out continuously without stopping at all or stopping for a while like a day or two in a month. Second, the category of blood that comes out due to moral pregnancy is bleeding that occurs in pregnant women and is not yet in the form of a human, so the blood that comes out is istihadhah blood, fasting and prayer are obligatory even though the blood is still flowing.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126329923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}