Hendra Wijaya, Sa'adal Jannah, Farida Aprianti, H. Hasmira
{"title":"Pembagian Harta Warisan Sebelum Pewaris Meninggal Dunia dalam Tinjauan Hukum Islam (Studi Kasus di Desa Gentungan Kecamatan Bajeng Barat Kabupaten Gowa","authors":"Hendra Wijaya, Sa'adal Jannah, Farida Aprianti, H. Hasmira","doi":"10.36701/bustanul.v2i3.403","DOIUrl":"https://doi.org/10.36701/bustanul.v2i3.403","url":null,"abstract":"This study examines the distribution on inheritance before the heir dies in the Gantungan community. The perpose of this research is to find out; implementation of the distribution on inheritance before the heir dies, as well as the distribution of inheritance before the heir dies in a review of Islamic law. This research uses qualitative research throught normative theological approach and inductive approach. The results show that the implications of the distribution of inheritance process by giving inheritance to the heirs before the oewner of the property dies, but some of them divide the inheritance after the heir dies. People in general do not understand the timing of the distribution of inheritance, the type of inherited property and the process of dividing the inheritance. As for when viewed from Islamic law, then this a grant because in Islamic law inheritance occurs because of the principle of death.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"429 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":"114948309","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 Seputar Risywah dalam Perspektif Hadis Nabi","authors":"M. Ikhsan, Azwar Iskandar","doi":"10.36701/bustanul.v2i2.322","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.322","url":null,"abstract":"This study aimed to analyze: (i) the position of hadiths about risywah; (ii) the legal view of the hadiths concerning risywah; (iii) the form of risywah application based on these hadiths; and (iv) the solution of the Prophet's hadiths in eradicating the phenomenon of risywah. This research was qualitative descriptive research with lafzi and thematic methods (mawdlu'i). The results showed several things. First, there are a number of hadiths of the Prophet that generally be used as arguments (legal basis) in discussing risywah and its application in the life of mankind. Second, the hadiths of the Prophet turned out to be the same conclusion that risywah is an act that gets a curse from Allah and becomes a very strong foundation to establish the prohibition of risywah. Third, the hadiths of the Prophet also provide some examples of applications from risywah itself, among others: giving gifts to officials or state officials, giving bribes with the intention of canceling legal processes or provisions, and giving bribes in an effort to escape from an obligation. Fourth, hadiths of the Prophet (s) provide solutions to prevent and eradicate risywah that have proven effective in the prophetic era and also in the era of Khulafa' al-Rasyidun, among others in the form of coaching (tarbiyah) faith in officials and state apparatus, improving the system of supervision and audit of the wealth of officials and authorities, and the determination and imposition of strict sanctions to people who are proven to be involved in risywah.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"122 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126202064","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}
R. Rahmat, Nuraeni Novira, M. Amirullah, Amelia Amelia
{"title":"Sanksi bagi Pelaku Pembunuhan yang Menderita Gangguan Bipolar Perspektif Hukum Islam","authors":"R. Rahmat, Nuraeni Novira, M. Amirullah, Amelia Amelia","doi":"10.36701/bustanul.v2i2.360","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.360","url":null,"abstract":"This study aimed to review and analyze appropriate sanction for murderer suffering from bipolar disorder based on the perspective of Islamic law. This research was qualitative descriptive research with library research methods and approaches such as: (1) normative theology (syar'i); (2) historical; and (3) religious psychology. The results showed that murder is an illegal act in Islam so that the culprit is punished severely. Murder committed by people with bipolar disorder according to the perspective of Islamic law is sanctioned qiṣāṣ if the act of murder is carried out when the perpetrator is in normal circumstances, but if the act of murder occurs when bipolar disorder relapses on the perpetrator, then the sanction is a full right on the part of the victim's family to still ask for a fine (diat).","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114969054","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}
Muhammad Taufan Djafri, Syandri Syandri, Aswar Aswar, Zulkarnain Alim Said
{"title":"Tinjauan Hukum Islam tentang Adat Istiadat Ma’rate’ dalam Acara Pernikahan (Studi Kasus Kelurahan Pantai Bahari Lambupeo’ Bangkala, Kabupaten Jeneponto)","authors":"Muhammad Taufan Djafri, Syandri Syandri, Aswar Aswar, Zulkarnain Alim Said","doi":"10.36701/bustanul.v2i2.363","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.363","url":null,"abstract":"The purpose of this study was to discover the Ma'rate customary law in marriage according to the perspective of Islamic law. This research uses a qualitative approach with the type of field research (field research) and uses a normative and socioanthropological approach. The results of the study show that Ma'rate customs are never separated from the combination of culture and Islamic law. Ma'rate in the Islamic perspective has three elements of value, namely; 1) Moral values (in Ma'rate custom the host is obliged to honor guests such as providing food); 2) Cultural values (Ma'rate custom is no longer by its implementation as in the beginning, and this change is seen from the equipment that must be provided, where Ma'rate custom is now only an effort to preserve tradition); and 3) The value of worship (in the Ma'rate custom there are activities to pray for the bride and groom and humans in general). If the community can maintain Islamic values and not fall into sin, then Islamic law shows that the Ma'rate custom can be carried out on the condition that it does not conflict with the Qur'an, the sunnah of the prophet, and the rules of ushul fiqh.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134503572","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}
Mukran H. Usman, A. Hawariah, Rosmita Rosmita, Nurfatimah Muh. Tahir
{"title":"Tinjauan Hukum Islam terhadap Pernikahan dengan Wali Hakim (Studi Kasus di KUA Kecamatan Bulo, Kabupaten Polman)","authors":"Mukran H. Usman, A. Hawariah, Rosmita Rosmita, Nurfatimah Muh. Tahir","doi":"10.36701/bustanul.v2i2.365","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.365","url":null,"abstract":"This study aimed to determine the cause of the marriage of guardian judges in the KUA, Bulo District, Polman Regency and to find out the review of Islamic law on this phenomenon. The research method used was field research with descriptive analysis techniques and applies a phenomenological and juridical-normative approach. The results showed that; 1) Among the factors in the occurrence of marriage with the guardian judge at the KUA, Bulo Sub-district, Polman Regency, is because there are no living lineage guardians and or no Muslim lineage guardians; 2) According to Islamic law, marriage with a guardian judge is legal if it has fulfilled the conditions and pillars that have been determined both in positive law and Islamic law, where the KUA Kecematan Bulo, Polman Regency stipulates that the guardian judge is a Muslim, akil, and balig.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117318050","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":"Hukuman Terhadap Koruptor dalam Perspektif Hukum Islam","authors":"Saenal Wahid","doi":"10.36701/bustanul.v2i2.336","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.336","url":null,"abstract":"The purpose of this study was to know the punishment for corruptors in the perspective of Islamic law. The type of research was qualitative research based on library research. The results showed that the forms of violation of the law of corruption in Indonesia in the perspective of Islamic law can be in the form of ghulul (treason), al-ghasy (fraud), and risywah (bribery), al-hirabah (exploitation), and al-ghasab (use of the rights of others without permission). The elements of criminal acts of corruption in the perspective of Islamic Criminal Law are the existence of texts that prohibit it, then having committed acts that have violated the texts, for example committing khiyanah/ghulul, al-ghasy (fraud), risywah (bribery), al-hirabah (deprivation), al-ghasab (use of other people's rights without permission), and finally the perpetrators are people who can be charged with law. The punishment for corruptors in the context of Islamic Criminal Law can be in the form of takzir, moral sanctions, social sanctions and sanctions of the afterlife.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131612685","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":"Jual Beli Dua Harga dalam Satu Transaksi Jual Beli (Studi Komparatif Antara Mazhab Maliki dan Mazhab Syafi’i)","authors":"Ronny Mahmuddin, Zulfiah Sam, Akhmad Hanafi Dain Yunta, Mariyani Syam","doi":"10.36701/bustanul.v2i2.362","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.362","url":null,"abstract":"This study aimed to find out and understand how to buy and sell two prices in one sale and purchase transaction (Bai'atani fi bai'ah) according to the perspective of the Maliki Sect and the Shafi'i Sect. The study was a qualitative descriptive research (non-statistical), which focuses on the study of manuscripts and texts, using a normative and philosophical approach. The results of the study found several things. First, according to the Maliki Sect, buying and selling two prices in one trade transaction (Bai'atani fi bai'ah) is permissible provided that there is certainty of an agreement to be used to pay before parting. While the Shafi'i sect considers that buying and selling is absolutely haram, this is due to the vagueness of the contract chosen by both parties. Second, the view of the Maliki Sect is skewed stronger than the view of the Shafi'i Sect, because Imam Malik considers this trade should not be unless there is clarity of agreement agreed before separation. The determination between the two agreements makes this trade permissible according to Imam Malik. As for the opinion of Imam Shafi'i is more careful, because such a trade is very vulnerable to injustice, usury practice and other damage, so at one time this opinion can also be used. \u0000 ","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117039047","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}
Iskandar Iskandar, Ariesman Ariesman, Awal Rifai Wahab, Insan Kamil Mansyur
{"title":"Aplikasi Kaidah al-Yaqīn Lā Yazū bi al-Syak dalam Fikih Salat","authors":"Iskandar Iskandar, Ariesman Ariesman, Awal Rifai Wahab, Insan Kamil Mansyur","doi":"10.36701/bustanul.v2i2.366","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.366","url":null,"abstract":"This study aimed to determine the application of the rules of al-Yakīn Lā Yazulu Bi al-Syak in the fiqh of prayer. The research method of study used a type of library research on the study of manuscripts and texts, using a historical approach, and a normative approach. The results of this study indicated that the application of the rule of al-Yaqīn lā Yazūl bi al-Syak in the fiqh of prayer is to stipulate that doubt cannot eliminate something that is fixed (yaqīn) and can only be raised with something that is also certain, such as gālib al-ẓann or it is clear to believe. Meanwhile, the belief can be obtained from the fewest numbers or take the original law, namely that the doubtful practice has not been carried out or the arrival of a belief that replaces the previous belief.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122601753","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}
M. Kasim, Farida Aprianti, Sa'adal Jannah, N. Rezki
{"title":"Percobaan Kedokteran terhadap Hewan Hidup dalam Perspektif Hukum Islam","authors":"M. Kasim, Farida Aprianti, Sa'adal Jannah, N. Rezki","doi":"10.36701/bustanul.v2i2.373","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.373","url":null,"abstract":"This study aims to determine the legal experimental medicine on live animals from the perspective of contemporary fiqh, as well as to find out the opinions of the scholars in understanding the problem. This research uses descriptive qualitative research (non-statistical) which focuses on the study of manuscripts and texts using a normative juridical approach. The results of the study found that some scholars allowed the use of animals in an experiment. However, some scholars do not allow its use without knowing the ethics in experiments. The reason is that this never existed in the health sector at the time of the Prophet Muhammad. However, if the user is carried out without an urgent need, then the law is not allowed.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"155 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115910578","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}
Rachmat bin Badani Tempo, Santi Sarni, Sri Ujiana Putri, N. Fadhilah
{"title":"Praktik Khitan dengan Metode Sunathrone Klamp Perspektif Hukum Islam (Studi Kasus di Smart Care Center Makassar)","authors":"Rachmat bin Badani Tempo, Santi Sarni, Sri Ujiana Putri, N. Fadhilah","doi":"10.36701/bustanul.v2i2.371","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.371","url":null,"abstract":"This study aimed to examine the practice of circumcision using the Sunathrone Klamp method at the Makassar Smart Care Center Clinic in a review of Islamic law. This research used field research using normative theological approaches and health approaches. Data collection techniques were conducted through observation, interviews, and documentation. The research results found; 1) The healing process of the circumcision wound has a phase in 3 weeks (21 days), in which the skin will return to its original shape. There are three phases of wound healing after circumcision using the Sunathrone Klamp method, namely the inflammation phase, the proliferation phase, and the remodeling phase; 2) The advantages of the Sunathrone Klamp include a relatively short time, no stitches, minimizing pain, psychologically the child feels comfortable when circumcised, and relatively fast healing time. The drawbacks after circumcision are that the patient feels uncomfortable because the clamp will be installed in a few days, and has a high level of operational standards, so that it is only used by experts in the field; and 3) Sunathrone Klamp is a practical tool for circumcision or circumcision with an easier, safer, and hygienic working process. In a review of Islamic law, the Sunathrone Klamp method is permissible, as long as the circumcision process is carried out by an expert or professional.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117281009","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}