BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam最新文献

{"title":"Kaidah al-Maṣlaḥah al-Mursalah dalam Hukum Islam dan Aktualisasinya terhadap Hak Atas Kekayaan Intelektual","authors":"Muhammad Yusram, Iskandar Iskandar, Azwar Azwar, M. Najib","doi":"10.36701/bustanul.v3i1.521","DOIUrl":"https://doi.org/10.36701/bustanul.v3i1.521","url":null,"abstract":"This study aims to find out how the rules of al-maṣlaḥah al-mursalah in Islamic law and its actualization to Intellectual Property Rights (IPR). This research is a descriptive qualitative research (non-statistical) using library research methods and normative and philosophical juridical approaches. The results show that al-maṣlaḥah al-mursalah is something that is guarded in religion, where the law is built on it. Al-maṣlaḥah al-mursalah is the basis of justice and truth which is based on 'urf so that it becomes a secondary source of law. Al-maṣlaḥah al-mursalah is considered as a consideration for the humanitarian agenda in law, to maintain five main things; religion, soul, mind, lineage and property. The actualization of the rules of al-maṣlaḥah al-mursalah in IPR is viewed from two sides. First, in terms of ownership, the position is like property, namely property rights. The benefit to him is special which returns to the owner of the thing, then to the publisher. Second, in it there is a general benefit that returns to the whole community in the form of intellectual property benefits that have a major influence in various fields of life.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"27 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":"125209690","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":"Kontroversi Perbudakan dalam Perspektif Kaidah al-Aṣl fī al- Abḍā’ al-Tahrīm","authors":"Asri Asri, Fauziah Ramdani, Aswar Aswar, Andi Ruqayyah Rahman","doi":"10.36701/bustanul.v2i3.409","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.409","url":null,"abstract":"This study aims to determine the explanation of slavery in the view of Islam and resolve the slavery controversy raised by liberals and non-Muslims who are trying to attack Islam with accusations of human rights violations and to find out in more detail the legal discussion of sexual relations outside of marriage (non-marital) in the perspective of the rules of al-Aṣl fī al-abḍā' al-tahrīm. This research is a descriptive-qualitative research with a normative juridical approach to analyze the data and obtain conclusions about the slavery controversy in the perspective of the al-aṣl fī al-abḍā' al-tahrīm rule. The results of the study reveal that in Islam the law of non-marital sexual intercourse or adultery has been regulated by Allah swt in the Qur'an and hadith absolutely, namely the law of lashing a hundred times or being exiled for a year for the adulterer ghairu muḥṣan (unmarried) and the law of stoning (married) for muan adulterers. So non-marital sexual relations are absolutely not allowed in the teachings of Islamic law, as the meaning of the rule of al-aṣl fī al-abḍā' al-tahrīm, namely the original law in jima 'or sexual relations between men and women are haram.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130009542","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":"Praktik Gadai Tanah Sawah di Desa Alatengae Maros Sulawesi Selatan dalam Perspektif Syariat","authors":"A. Hawariah, Kurnaemi Anita, Jujuri Perdamaian Dunia, S. Shofiyyah","doi":"10.36701/bustanul.v2i3.410","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.410","url":null,"abstract":"This study aims to identify and reveal the practice system of pawning paddy fields that often occurs in villages in Indonesia. This research is a descriptive-qualitative research that describes various conditions, situations or social phenomena that exist in rural communities. The approach used is normative juridical to examine theories, concepts, legal principles and laws and regulations related to this research by emphasizing the facts that occur in the field. The research location chosen was the village of Alatengae, Maros, South Sulawesi, as a representative of a number of villages in Indonesia that often practice pawning rice fields. After collecting and analyzing data regarding the legal practice of pawning paddy fields that occurred, the reality of the system of using pawned goods, in this case the pawned rice fields, is contrary to Islamic law and can be categorized as usury, because it is very detrimental to one party, namely the party who pawns. This is because the function rights or the harvested rice fields are fully owned by the party who received the pledge without any distribution of the results. Even though the original law, utilization may be carried out by the party receiving the pledge but only to return the costs used when managing or working on the rice fields.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128661268","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":"Zakat Tabungan Pensiun dalam Perspektif Fikih Islam","authors":"Khaerul Aqbar, Dewi Indriani, Sulkifli Herman, Selvi Wanda Rusmita","doi":"10.36701/bustanul.v2i3.413","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.413","url":null,"abstract":"This research aims to find out the zakat obligations that must be paid by a pensioner related to the retirement savings he receives at retirement. This research used a qualitative descriptive research (non-statistical), which focused on the study of manuscripts and texts. The results of this study explain that retirement savings are legally equated with receivables that are no longer expected to be paid (already hard to pay), which are not subject to obligatory zakat, because pension savings cannot be disbursed at any time by the beneficiary except at a specified time, so even The savings are already sufficient in terms of nisab and haulnya prospective beneficiaries are not yet obliged to pay zakat. Beneficiaries may issue their zakat immediately after receiving the benefits if the nisab has been fulfilled in a tatawwu '(not mandatory) manner, even though the haul has not been sufficient.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129031535","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 Safar bagi Wanita Tanpa Mahram Menurut Mazhab Syāfi’ī dan Hambalī","authors":"Ronny Mahmuddin, Syandri Syandri, M. Amirullah, Muh. Agung Fahmi Syam","doi":"10.36701/bustanul.v2i3.412","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.412","url":null,"abstract":"This study aims to find out the views of the Syāfi'ī and Hanbalī schools in the issue of safar for women without the company of mahrams. The research methods used are qualitative research through juridical-normative and comparative-analysis approaches. Where the research data focuses on the study of manuscripts and texts obtained through the classical jurisprudies of the two mażhabs, such as kitab al-um, Majmῡ', al-Mugnī, and other books related to safar for women without the company of mahram. The results of this study show that the Syāfi'ī school is of the view that in safar it is mandatory to do so with the position of the mahram that can be replaced by a trusted Muslim woman, or with a muslim girl group if the journey is safe from evil for herself and her religion. As for the view of the Hanbalī school, the existence of mahram is mandatory in women's safar, where this mandatory requirement applies in every obligatory journey or purpose of obligatory worship, even more so in the worship of sunah or safar mubah, and the tendency of this opinion refers to the specificity of the propositions about safar. An opinion that is more relevant to the current conditions in safar law for women without mahrams is the Syāfi'ī school, because it sees the changes and circumstances of the present times and also has the propositions naqlī and 'aqlī as supporters of this opinion, but still prioritizes the existence of mahram when it wants to bersafar.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121337507","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":"Hak dan Batas Masa Ḥaḍānah Anak Pasca Perceraian Menurut Mazhab Syāfi’ī dan Hanbali","authors":"Saifullah bin Anshor, S. Sirajuddin, Ariesman Ariesman, Mursil Mursil","doi":"10.36701/bustanul.v2i3.406","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.406","url":null,"abstract":"This study aims to determine the rights and limitations of parenting after parental divorce in the view of the Syafi' and Hanbali schools. Qualitative descriptive method (non-statistical) is a type of library research, focused on the study of manuscripts and texts, and uses a normative juridical approach. The results of this study indicate that both schools agree that the right to care for children aged 0-7 years is the right of the mother, both male and female. The difference of opinion between the two schools lies in boys aged 7 years, the Shafi'i school argues that children who are able to choose are given the opportunity to choose between their parents, while the Hanbali school argues that children aged 7 years -old children can have custody. from his parents. both parents, if they do not agree then the child is asked to make a choice. Meanwhile, girls who are 7 years old until they reach puberty must be raised by their father according to the Hanbali school, in contrast to the Shafi'i school which still gives the same choices as boys.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123725751","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":"Penggunaan Cadar dan Konsekuensinya bagi Muslimah (Analisis Komparatif Antara Wahdah Islamiyah dan Jemaah Tablig)","authors":"Iskandar Iskandar, Rosmita Rosmita, Miftahul Jannah","doi":"10.36701/bustanul.v2i3.398","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.398","url":null,"abstract":"This study aims to identify and understand the differences in the use of the veil and its consequences for Muslimah Wahdah Islamiyah and Jama'ah Tablighi. Problems in research; (1) what is the use of the veil and the consequences for Muslimah Wahdah Islamiyah?; (2) what is the use of the veil and the consequences for Muslimah Jama'ah Tablighi? This research uses descriptive qualitative research with field research methods (Field Research). Using normative, historical and sociological approaches. Primary data sourced directly from sources. Secondary data in the form of literature and documents in the form of books, articles and others. The results showed that Muslimah Wahdah (MW) and Masturah had different views on the law of wearing the veil. Muslimah Wahdah (MW) places greater emphasis on independence for all cadres and sympathizers and even Muslim women in general to make their own choices. Choose an opinion that requires the wearing of the veil or choose an opinion that views the sunnah. There is no coercion and intervention. While Masturah is more likely to adhere to the opinion that requires the wearing of the veil, especially to all Muslim women of the Tablighi Jamaat. As for the selection of the model and the color of the veil used, there were no significant differences between these two Muslim da'wah movements. However, Muslimah Wahdah (MW) is more lenient in this regard. The consequences they face when wearing the veil are generally the same. Challenges from the family and community that they must face.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128589227","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":"Metode Penetapan Hukum Nikah Misyār Perspektif Yusuf al-Qarḍāwī","authors":"M. Kasim, Hijrayanti Sari, Aisyah S.","doi":"10.36701/bustanul.v2i3.400","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.400","url":null,"abstract":"This study aims to determine the law of misyār marriage according to Yusuf al-Qarḍāwī and the things that underlie his opinion regarding the law. This research is a qualitative research with the type of literature study (Library Research), using a historical normative approach. The results achieved from this study are: First, the law of misyār marriage according to Yusuf Al-Qarḍāwī is legal. Second, the legal basis of Yusuf Al-Qarḍāwī in determining the law of permissibility is the Qur'an, hadith, and ijma' using the ijtihad insya'i method.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130711196","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":"Batas Waktu Mengqasar Salat bagi Musafir Menurut Ulama Empat Mazhab","authors":"Rachmat bin Badani Tempo, Nuraeni Novira, Auliya Ulhaq","doi":"10.36701/bustanul.v2i3.407","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.407","url":null,"abstract":"The purpose of this research; 1) to find out the opinions of four mazhab scholars on the issue of the time limit for a traveler to be able to make up his prayers, the background of the differences and the opinion that is rajih. This research uses qualitative research through library research. Methods of normative theological approach and comparative approach. Research results; First, the Hanafi Mazhab: a traveler can make up his prayers for 15 days. Maliki and Shafi'i Mazhab; A traveler may make up his prayers for 4 days other than the day he arrives and leaves. Hanbali Mazhab: a traveler may make up his prayer for 4 days or 20 times of obligatory prayer, including the day of arrival and departure. The rajih views are the Shafi'i and Maliki Mazhab; Second, differences of opinion occur because this issue includes issues that are not explicitly discussed in the Shari'a ('amrun maskuutun 'anhu fi al-syar'i) so that each opinion is only guided by the conditions and actions quoted from the Prophet. The reason is because this issue is a problem that is not explicitly discussed in the Shari'a ('amrun maskuutun 'anhu fi al-syar'i). This triggers a difference of opinion regarding the traditions of the Prophet Muhammad. about traveling; Third, the opinion that is rajih in this matter is the opinion of the Shafi'i Mazhab and the Maliki Mazhab. \u0000 ","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128059883","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":"Permasalahan dan Penyelesaian Sengketa Wakaf Menurut UU No. 41 Tahun 2004 dan Hukum Islam (Studi Sengketa Wakaf Tanah Wahdah Islamiyah)","authors":"Muhammad Taufan Djafri, Askar Patahuddin, Azwar Iskandar, A. Ambarwati","doi":"10.36701/bustanul.v2i3.402","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.402","url":null,"abstract":"This research aims to find out: (1) the issue of waqf disputes and their resolution in Indonesia in the review of the Law. No. 41 of 2004 and Islamic law; and (2) the issue of waqf disputes and their settlement in Wahdah Islamiyah. This research includes the category of descriptive research using qualitative methods with a juridical-normative approach through field research. The results showed that: (1) the form of land waqf dispute problems in Indonesia, including: (a) issues involving holders of legitimate rights to waqf land; (b) issues related to the reason for rights or proof of acquisition used as a basis for granting rights; (c) errors/misrepresentation of rights. In addition, the problem is also in the form of still many waqf land that does not have a Waqf Pledge Deed, many waqf implementations are carried out religiously or based on mutual trust, the demand for the return of waqf land by wakif heirs and waqf land is controlled for generations by nazirs who deviate from waqf accounts. Article 62 of Law No. 41 of 2004 on Waqf affirms that the resolution of disputes is taken through deliberation for consensus. If dispute resolution through deliberation is unsuccessful, the dispute can be resolved through mediation, arbitration, or court. As for the review of Islamic law, the resolution of waqf disputes and other issues in the realm of Islamic law can be facilitated through litigation and non-litigation. The existence of peace (al-iṣlah) and deliberation for consensus is always a priority and is expected to solve problems without causing other problems (lā ḍarara wa lā ḍirāra) to achieve the benefit of the people in accordance with maqāṣid al-syarī'ah and justice; (2) Wahdah Islamiyah faces several problems of land waqf disputes, such as lack of legal certainty in waqf land ownership, waqf practice by conventional means, waqf land for sale, claims of waqf land ownership, and no checking the legality of waqf land. In the settlement of land waqf disputes, Wahdah Islamiyah directs the resolution of all dispute cases through two patterns, namely litigation and non-litigation patterns, which are generally done by familial means or consensus deliberation.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116516891","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}