{"title":"Peran Organisasi Islam di Indonesia dalam Pengembangan dan Penegakan Hukum Islam","authors":"J. Jamaluddin, M. Misbahuddin, Kurniati Kurniati","doi":"10.36701/bustanul.v3i2.567","DOIUrl":"https://doi.org/10.36701/bustanul.v3i2.567","url":null,"abstract":"This study aims to determine the role and influence of Islamic organizations in the formation and development of Islamic law in Indonesia. This research is a qualitative library research with a normative and conceptual theological approach. The results of the study indicate that the development of Islamic law in Indonesia cannot be separated from the role of Islamic organizations from time to time, starting from the time of independence to the present. Of each Islamic organization in Indonesia, each has its own character and influence in the development and enforcement of Islamic law, but generally carry out religious activities (da'wah), education, health, social, political services, to economic empowerment. Many Islamic organizations have contributed significantly to the growth and development of Islamic law in Indonesia through their legal institutions. It is intended that Islamic law applied in Indonesia has an Indonesian personality or has an Indonesian perspective. Reforms in Islamic law in Indonesia are carried out gradually and not only in the field of worship/religion (diyānī), but also in the field of qaḍā'i (judicial) through fatwas issued by the Islamic legal institutions of each organization.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"142 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123911457","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}
Ahmad Syaripudin, Awal Rifai Wahab, Muzanni Muzanni
{"title":"Tinjauan Hukum Islam terhadap Perkawinan Merariq Perempuan Bangsawan (Menak) dengan Lak-laki Bukan Bangsawan (Jajar Karang) Menurut Hukum Adat Sasak (Studi Kasus Desa Penujak Kabupaten Lombok Tengah)","authors":"Ahmad Syaripudin, Awal Rifai Wahab, Muzanni Muzanni","doi":"10.36701/bustanul.v3i2.578","DOIUrl":"https://doi.org/10.36701/bustanul.v3i2.578","url":null,"abstract":"This study aims to determine the review of Islamic law on marriages between aristocratic women (menak) and non-aristocratic men (jajar Karang) according to Sasak customary law in Penujak Village, Central Lombok Regency. This research is a field research using the methods of observation, interviews, and documentation. The research results found are as follows. First, the views of the people of Penujak Village towards the traditional marriage of the Sasak tribe in Penujak Village, namely that they consider that custom cannot be separated from religion. Second, the view of Islamic law on marriage customs in Penujak Village is that the prohibition of marriage in Penujak Village, Central Lombok Regency can be justified based on the opinion of some scholars. Third, the impact of the marriage of noble women with non-aristocratic men in Penujak Village is that the word \"baiq\" in front of women's names will be removed and is no longer included in noble descent.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130871971","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":"Strategi Maximal Cashback pada Online Shop Perspektif Fikih Muamalah (Studi Kasus Shopee dan Tokopedia)","authors":"Rosmita Rosmita, Sulkifli Herman, Vina Suci Ningrum, Nasaruddin Nasaruddin","doi":"10.36701/bustanul.v3i2.610","DOIUrl":"https://doi.org/10.36701/bustanul.v3i2.610","url":null,"abstract":"This study aims to determine and understand the form of application of the maximal cashback system in the fiqh muamalah review of the Maximal Cashback strategy in the Online Shop (Shopee and Tokopedia Case Studies). This research uses a qualitative descriptive research that focuses on the study of manuscripts and texts, uses a normative juridical approach to explore sources of law and a sociological approach to analyze the object of research. The results of the study found that the form of implementation of the maximal cashback is to put a cashback percentage, but the maximum cashback received by consumers has been determined from the start by adding information under the promotion. When the cashback has reached the maximum specified amount, regardless of the amount or price of the product purchased, the cashback received is only the maximum amount according to the provisions of the organizer. Then, cashback is generally allowed and the contract used is appropriate, but it should be noted that the maximum form of cashback is that the two parties to the contract (seller and buyer) especially for the buyer are required to know and understand the terms and conditions so as not to be misleading (misunderstanding). ) so that the transactions made do not fall into tadlīs (fraud) because buyers feel cheated by the cashback offer given.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125383773","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":"Hubungan Negara, Syariat, dan Pemimpin dalam Perspektif Imam al-Māwardī","authors":"Askar Patahuddin, Jahada Mangka, Jujuri Perdamaian Dunia, Awi Jaya Wardana","doi":"10.36701/bustanul.v3i2.600","DOIUrl":"https://doi.org/10.36701/bustanul.v3i2.600","url":null,"abstract":"This study aims to determine the relationship between the state, the Shari'a and the leader according to the perspective of Imam al-Māwardī. This research belongs to the type of literature qualitative research using descriptive analysis of the Kitab al-Aḥkām al-Sulṭāniyyah. The results of this study found that the relationship between the state, the Shari'a, and the leader according to Imam al-Māwardī is a unity that cannot be separated, even in the case of arūriyyah to protect human life (ḥifẓ al-nafs). The existence of the state is obligatory based on the Shari'a, while Imamat is fardu kifāyah. The Imam is chosen by ahlu al-`aqd wa al-ḥal or by appointment by the previous imam. The person who chooses the Imam has special conditions as the Imam is also chosen based on special conditions. The process of selecting an imam is attended by all or part of the members of ahlu al-`aqd wa al-ḥal by selecting the best criteria. If there are two candidates who have the same criteria and capacities, then those chosen are adapted to the needs and demands of the times. However, if the leader has been elected and there is a better one, then allegiance must still be given to someone who is more deserving.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126413927","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, Sulkifli Herman, Muhammad Ichvan Mahmud
{"title":"Tinjauan Wakaf Saham dalam Perspektif Hukum Islam","authors":"Khaerul Aqbar, Sulkifli Herman, Muhammad Ichvan Mahmud","doi":"10.36701/bustanul.v3i1.528","DOIUrl":"https://doi.org/10.36701/bustanul.v3i1.528","url":null,"abstract":"This study aims to determine the concept of stock waqf and its law in the view of Islamic law. This research uses descriptive qualitative research (non-statistical) by using library research method (library review) and using normative and juridical normative approaches. The research results found are as follows; first, stock waqf is the same waqf as other types of waqf, except that stock waqf is in the form of securities. Stock waqf has a similar concept to cash waqf. In this case, the waqif may waqf in the form of money and then nazir converts it in the form of stocks or the waqif can waqf directly the stocks he owns. The stocks waqf are stocks that comply with sharia principles. If the stocks to be donated are contrary to sharia, the stocks must first be sold or exchanged for halal stocks or stocks that comply with sharia principles; second, stock waqf is something new in waqf and has enormous benefits. When the stock waqf can really be managed properly, then it is able to improve the economy of Muslims. Therefore, stock waqf is permissible in the view of Islamic law.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127452923","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}
Ihwan Wahid Minu, R. Rahmat, Muhammad Rafli HI Taher
{"title":"Sistem Pemerintahan Kesultanan Tidore Perspektif al-Siyāsah al-Syar'iyyah di Kota Tidore Kepulauan","authors":"Ihwan Wahid Minu, R. Rahmat, Muhammad Rafli HI Taher","doi":"10.36701/bustanul.v3i1.524","DOIUrl":"https://doi.org/10.36701/bustanul.v3i1.524","url":null,"abstract":"This study aims to find out how the system of sultanate government applies in the Tidore Kingdom from a siyāsah syar`iyyah perspective. This research is a field research, where the researcher conducts research directly on the location to obtain and collect data, then it is processed using qualitative methods. The results showed that the system of government that prevailed in the Tidore Sultanate from the perspective of al-Siyāsah al-Syar`iyyah was not fully using the Islamic government system, due to a lack of understanding of al-Siyāsah al-Syar`iyyah and various customs that were ingrained in society. the city of Tidore. The results of this study are an initial effort for preachers and missionaries to always try to convey their da'wah about the Islamic government system so that they can understand the Islamic system well. Hopefully this research can provide an overview for all the figures in the Tidore sultanate and the people of Tidore in general so that they always follow what has been explained by Islam regarding the Islamic government system.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116943236","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":"Peradilan Islam pada Masa Rasulullah dan Khulafaurasyidin: Studi Komparatif Peradilan Islam Era Klasik","authors":"Awal Rifai Wahab, A. Asni, Muh. Saleh Ridwan","doi":"10.36701/bustanul.v3i1.461","DOIUrl":"https://doi.org/10.36701/bustanul.v3i1.461","url":null,"abstract":"Justice is something that is upheld and continues to be fought for by all nations in their various stages of progress, because enforcing justice means ordering goodness and preventing the dangers of injustice, and in it there is an effort to make peace between people and save some of them from arbitrary behavior between one another. other. This study discusses the history of Islamic courts at the time of the Prophet Muhammad. and khulafaurasyidin with the aim of comparing the justice system between the two periods. This research is library research based on qualitative descriptive research method with historical and comparative approach. The results showed that the judiciary at the time of the Prophet. have similarities and differences from several sides with the judiciary during the khulafaurasyidin period, where this shows the development and progress of the judicial system from time to time and becomes a reference to the later judicial system. The implication of this research is how the phenomenon of society seems to have lost its substance in the field of justice, where the judiciary of the past was very effective with all its limitations and simplicity. As for now, although the judicial system looks sophisticated with all its developments, it has lost its substance. In addition, in the classical era, the capacity and integrity were also seen in the judges. Judges need to follow this example, not only in terms of their capacity, but also in terms of integrity","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124845204","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":"Konsep Keluarga Sakinah dalam Al-Qur’an dan Implementasinya dalam Kehidupan Rumah Tangga","authors":"Rosmita Rosmita, Fatimah Sahrah, Nasaruddin Nasaruddin","doi":"10.36701/bustanul.v3i1.523","DOIUrl":"https://doi.org/10.36701/bustanul.v3i1.523","url":null,"abstract":"The research to identify and understand the concept of the sakinah family in the Qur'an and its implementation in domestic life. The problems that have been raised in this study are: First, what are the tips that must be done to create a sakinah family. Second, what is the view of Islamic law regarding the concept of the sakinah family and its implementation in domestic life. Third, the views of scholars on the interpretation of surah ar-rm: 21. To get answers to the problems above, the author uses a qualitative descriptive research type, which focuses on the study of manuscripts and texts, using a historical-factual approach. The results of the study were found as follows: First, how to create a sakinah life. The tips that must be done are choosing the right wife or husband, educating the wife, making the household a place of remembrance of Allah swt., making the house a place of worship, paying attention to the prescribed prayers and sunnah actions related to the house, making it a habit to read surah al-Baqarah at home to exorcise the devil, teach the family, run. Second, then the view of Islamic law regarding the concept of the sakinah family and its implementation in family life is a very ideal family condition that is formed based on the Qur'an and sunnah to achieve happiness in the world and in the hereafter. This is explained in the Qur'an surah al-Rūm: 21. In this case it is necessary how a married couple must pay attention to the obligations that must be carried out fully.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127296597","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":"Jasa sebagai Mahar Pernikahan dalam Perspektif Empat Mazhab","authors":"Syandri Syandri, Zaiz Zulfikar","doi":"10.36701/bustanul.v3i1.519","DOIUrl":"https://doi.org/10.36701/bustanul.v3i1.519","url":null,"abstract":"This study aims to find out the views of the school's scholars about services as a marriage dowry by comparing opinions and expressing differences and similarities of opinion of the four schools of thought. The problems raised in this research; First, how is the concept of service as a marriage dowry in the view of the four schools of thought. Second, what are the similarities and differences in views on merit as a marriage dowry according to the four schools of thought. This study uses library research using the normative juridical approach and the comparative approach. The research results found are as follows; First, the Maliki, Syafii and Hambali scholars generally allow services as a dowry or as a result of wages from services. As for the Hanafi school of thought, the dowry must be in the form of property, while the law of origin of the benefits of services cannot be equated with wealth. Second, the four schools agreed to make the marriage contract valid even though the Hanafi school required the husband to replace it with a Misil dowry. The difference of opinion between these four schools of thought lies in the dowry in the form of teaching the Qur'an. The Maliki, Shafi'i and Hambali scholars allow it while the Hanafi school of law forbids it.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114158344","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 Memberikan Daging Kurban kepada Orang Kafir (Studi Perbandingan antara Mazhab Syāfi’iyyah dan Ḥanābilah)","authors":"Ariesman Ariesman, Asri Asri, Bahrul Ulum","doi":"10.36701/bustanul.v3i1.520","DOIUrl":"https://doi.org/10.36701/bustanul.v3i1.520","url":null,"abstract":"This study aims to find out and understand the law of giving sacrificial meat to disbelievers (comparative study between the Shafi'iyyah and Ḥanābilah sect). This research is a qualitative descriptive type of research that focuses on the study of manuscripts and texts, and uses historical, juridical, normative, and philosophical approaches. The results of the study are as follows: the Syāfi’iyyah and Ḥanābilah sect have different opinions about the law of giving sacrificial meat to disbelievers. Scholars from the Shafi'iyyah sect differ in this opinion. There are four opinions of them: the law is absolutely haram, haram if the sacrifice is an obligatory sacrifice, makrūh if the sacrifice is a voluntary sacrifice, and it is permissible to give sacrificial meat to non-Muslims as long as they are not muḥārib or infidels who are hostile to Islam. Meanwhile, the Ḥanābilah sect agrees that it is permissible to give sacrificial meat to a disbelievers, as long as the disbeliever is not a muḥārib, and the sacrifice is a voluntary sacrifice, not an obligatory sacrifice.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128325638","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}