Kasman Bakry, S. Sirajuddin, Musriwan Musriwan, Ahmad Arfah Mansyah
{"title":"Tinjauan Fikih Islam Terhadap Undang-Undang Nomor 1 Tahun 1974 Tentang Talak","authors":"Kasman Bakry, S. Sirajuddin, Musriwan Musriwan, Ahmad Arfah Mansyah","doi":"10.36701/bustanul.v2i2.374","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.374","url":null,"abstract":"This study aimed to determine the review of Islamic jurisprudence on Law No. 1 of 1974 concerning the stipulation of rules requiring divorce before the Religious Courts. The research method was descriptive qualitative research with library research techniques, which focuses on the study of manuscripts and texts, and uses normative and philosophical juridical approaches. The results of the study showed that even in Islamic jurisprudence, divorce can occur and be considered valid, anytime and anywhere, if the husband who handed down the divorce is mature, reasonable, and not under pressure or coercion. However, Law Number 1 of 1974 requires that a divorce be valid, and divorce must be filed and carried out in front of a religious court session. This requirement does not conflict with Islamic jurisprudence, even scholars agree on the witness of divorce.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"16 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":"128850331","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, Hijrayanti Sari, Kurnaemi Anita, Nur Sri Reski
{"title":"Kriteria al-Gārimīn sebagai Mustahik Zakat dalam Perspektif Fikih Islam","authors":"Ahmad Syaripudin, Hijrayanti Sari, Kurnaemi Anita, Nur Sri Reski","doi":"10.36701/bustanul.v2i2.380","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.380","url":null,"abstract":"This research aimed to find out the specifications of al-gārimīn referred to in the propositions on mustahik zakat and the perspective of Islamic jurisprudence on the criteria of al-gārimīn entitled to zakat. This research was qualitative research with a normative juridical approach. The results of the study showed that al-gārimīn belongs to one of the groups of people who are entitled to zakat or called mustahik of zakat. Scholars define it as a person who is in debt. There are gārim who owe for the benefit of themselves and their families, some who owe for the benefit of others such as reconciling two disputing groups. In the perspective of Islamic jurisprudency, gārim who are entitled to a share of zakat are those who meet the following criteria: Muslims; not ahlu bait; not a person who deliberately owes with the aim that gets a share of zakat; owed not in order to be maximal; the debt must be repaid immediately, not debt that is still pending to be repaid for several more years unless the debt must be repaid that year; has no savings to pay off his debts; owes to meet basic needs; not from muzakki dependents. The amount of zakat given to al-gārimīn is as much as the debt that must be repaid.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"133 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130931140","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 Jual Beli Online dengan Sistem Pre Order dalam Perspektif Hukum Islam (Studi Kasus Toko Online Nashrah Store)","authors":"Hendra Wijaya, Askar Patahuddin, Khaerul Aqbar, Wahyu Kurniawan Hasmudin","doi":"10.36701/bustanul.v2i2.379","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.379","url":null,"abstract":"This study aimed to know and anlayze the process of buying and selling online with a pre-order system at the Nashrah Store online store according to Islamic law. This study was a qualitative type of research (field research) using a normative and sociological juridical approach. The research showed several things. First, in general, the process of buying and selling with a pre-order system carried out by Nashrah Store is in accordance with the laws governing electronic transaction. Second, the sale and purchase contract carried out by Nashrah Store based on the form and method of payment are to apply a salam contract. As for the final payment method, it does not apply a salam contract, but applies al-wa'd bi al-syira' which is only in the form of a purchase promise.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125730532","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":"Fermentasi Tape dan Minas dalam Perspektif Hukum Islam","authors":"Asri Asri, Ihwan Wahid Minu, Riska Riska, Raihanah Rahmat","doi":"10.36701/bustanul.v2i2.378","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.378","url":null,"abstract":"This study aimed to analyze the position of tape and minas in the perspective of Islamic law, starting from the manufacturing process to its form into fermented food and drinks. This research was a qualitative research with a legal-formal approach to analyze the legal status of halal and haram fermentation of tape and minas. The results showed that the process of making tape and minas used a non-alcoholic fermentation system, namely fermentation that does not aim to form high levels of alcohol by using certain alcohol so that the element of haram is not found in the manufacturing process. In terms of legal status, the existence of tape and minas is seen from the aspect of the substance contained in the form of ethanol as part of high alcohol content. In terms of legal status, the existence of tape and minas is seen from the aspect of the substance contained in the form of ethanol as part of high alcohol content.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121148210","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}
Saifullah Bin Anshor, Sartini Lambajo, Dewi Indriani, Rizqa Izzati
{"title":"Menyentuh Mushaf Tanpa Wudu dalam Perspektif Mazhab Syāfi’ī dan Hanbali","authors":"Saifullah Bin Anshor, Sartini Lambajo, Dewi Indriani, Rizqa Izzati","doi":"10.36701/bustanul.v2i2.375","DOIUrl":"https://doi.org/10.36701/bustanul.v2i2.375","url":null,"abstract":"This study aimed to find out how the law of touching Mushaf of the Qur'an for people who are in hadas according to the Syāfi'ī and Hanbali schools. The type of study was descriptive qualitative research that focuses on retrieving data sources from library research using a normative juridical approach. The results showed that the sects of Syāfi'ī and Hanbali both viewed the prohibition of touching Mushaf of the Qur'an without wudu for the person in hadas. As for the law of touching or carrying a mushaf wrapping sheath (which has a hanger) or a box in which there is a Mushaf of the Qur'an, the sects of Syāfi'ī and Hanbali differ. The Syāfi'ī sect thinks it is haram because it is made for mushaf and converted to it like a mushaf cover skin. The Hanbali sect argues that it is permissible not to touch the mushaf because what is forbidden is touching, while carrying does not mean touching. This difference arises because of differences in views on the basis of qiyas in the source of the law of its sect.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116283769","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":"Implementasi Kaidah “Lā Masāga li al-Ijtihād fī Maurid al-Naṣ” dalam Fikih Islam","authors":"Jahada Mangka, A. Bn, Muhajir Syarif","doi":"10.36701/BUSTANUL.V2I1.293","DOIUrl":"https://doi.org/10.36701/BUSTANUL.V2I1.293","url":null,"abstract":"The purpose of this research is to describe, explain the meaning and veracity of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ, and to explain how the implementation of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ. This research is qualitative, the type of research is library research and uses a normative juridical approach. The data collection method used was a literature study. The results showed that; 1) 1. The rule Lā Masāga Lilijtihād Fī Maurid al-Naṣ has the meaning that it is not permissible to do ijtihad as long as there is a verse. And the function of fiqh rules, especially in this jurisprudence principle, is to explain that the law of fiqh functions to provide an interpretation of the text that it is not permissible to do ijtihad or seek the law of a problem as long as the problem is still explained in the law in the text. 2) The validity of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ is listed in the passages of the Koran and as-Sunnah, which explains about prioritizing the commands of Allah and His Messenger before taking other laws if there is no explanation in the Shari'a. 3) The implementation of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ (ijtihad is not allowed as long as nash is existing) is valid as long as it does not violate or contradict the nas, consensus, qiyas jaliy, the words of the 4 mazhab, and the judge's error in the legal outcome, cause, or method. So the implementation of this rule can be noticed in existing examples and this rule cannot always be implemented or implemented, because several things have been mentioned regarding the exceptions regarding this rule.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"176 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123261279","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, Akhmad Hanafi Dain Yunta, Darussalam
{"title":"Tradisi Akkorontigi dalam Perspektif Hukum Islam (Studi Kasus di Desa Bontosunggu, Kecamatan Bajeng, Kabupaten Gowa)","authors":"Ahmad Syaripudin, Akhmad Hanafi Dain Yunta, Darussalam","doi":"10.36701/BUSTANUL.V2I1.300","DOIUrl":"https://doi.org/10.36701/BUSTANUL.V2I1.300","url":null,"abstract":"This study aims to determine and understand the akkkorontigi tradition in the Perspective of Islamic Law and Customary Law that occurred in Bontosunggu Village, Bajeng District, Gowa Regency. This type of writing is field research (field research) using historical approaches, social expectations, anthropological approaches and religious approaches, then data collection methods using interview and observation techniques the author tries to argue about the object being studied in accordance with the reality that occurs in society. The results showed that in carrying out marriage, the akkorontigi tradition is one of a series of wedding processions that cannot be missed and is a habit of their ancestors that has existed since time immemorial. The akkorontigi event is a series of sacred events that are attended by all relatives and invited guests which contain values that are meaningful so that the bride's family can live in harmony. However, in practice, it is necessary to present good intentions and distance oneself from thoughts or beliefs that lead to the shirking of the symbols of tools and objects used in Akkorongtigi. Even so, Akkorongtigi can be preserved by applying several solutions in its implementation, such as wearing clothes that are not tight and covering the genitals, and not shaking hands for non-mahrams.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114301577","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":"Implementasi Hukum Islam dalam Masyarakat Indonesia (Pendekatan Sosiologi Hukum)","authors":"Andi Ariani Hidayat, Qadriani Arifuddin","doi":"10.36701/bustanul.v1i4.285","DOIUrl":"https://doi.org/10.36701/bustanul.v1i4.285","url":null,"abstract":"This study aims to determine how the application of Islamic law in Indonesia in the sociological review of law both before and after independence. This research is a type of library research using a philosophical and sociological approach. The results of this research show that: The development of Islamic law in Indonesia has started since before independence and after independence, namely the old order and Entering the new order era under President Soeharto the issuance of Law number 2 of 1989 concerning the national education system which strengthens religious lessons into compulsory lessons from elementary to college. Law No.7 of 1989 regarding religious courts, compilation of Islamic law, Pancasila Muslim charity foundation, construction of Hajj dormitories, special program madrasah aliyah, postgraduate programs at IAIN, Arabic broadcast on TVRI, the formation of religious organizations such as MUI, ICMI, IPHI etc. There are two problems that have a major impact on the application of Islamic law in Indonesia. First: because of the entry of Western law and because it intersects with customary law. Second: Due to political influence and community culture. In a sociological view, Islamic law is difficult to implement perfectly, because Islamic law is both in the area of religion and in the territory of the state. This social problem causes a tug of war between religious principles and state principles. The solution to this tug of war is that in the public domain it is the responsibility of the state, while the individual area is given to religion. Judging from the sociological aspect, the material products of Islamic law in Indonesia must be able to accommodate the problems in dispute and how they are resolved in simple society and modern society. This research is expected to be an additional reference in knowing the application of Islamic law in Indonesia in the sociological review of law both before and after independence.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128487473","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":"Menakar Undang-undang Pornografi dalam Perspektif Hukum Islam dan Maqāṣid al-Syarīʿah","authors":"M. Ikhsan, Sa'adal Jannah, Awal Rifai","doi":"10.36701/bustanul.v1i4.264","DOIUrl":"https://doi.org/10.36701/bustanul.v1i4.264","url":null,"abstract":"This article aimed to give consideration to the existence of the Pornography Law in Indonesia. This law should be appreciated as an effort to stem the flow of pornography which is supported by the fast current of technology. In this article, the Pornography Law will be viewed from a philosophical perspective on Islamic law, particularly Maqasid Syari’ah. This study employed a qualitative descriptive research method that focuses on the study of script and using a normative theological approach. The result of the study reveals that the existence of the pornography law must be appreciated because it aims to improve the morals of the nation's children. From an Islamic perspective, the Pornography Law is seen from two aspects, namely Maqashid Syari’ah as the argumentative basis and hudud and ta’zir as the basis for imposing sanctions. The implication of the research is that application of the pornography law can be maximized and is able to see things that need to be improved in it.","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130298318","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":"Adat Mappasikarawa pada Perkawinan Masyarakat Bugis Perspektif Hukum Islam (Studi Kasus Desa Kaballangan Kabupaten Pinrang)","authors":"Syandri Syandri, Kasman Bakry, S. Farisi","doi":"10.36701/bustanul.v1i4.249","DOIUrl":"https://doi.org/10.36701/bustanul.v1i4.249","url":null,"abstract":"This study aimed to determine the tradition Mappasikarawa in the marriage of the Bugis community from the perspective of Islamic law. The problems studied in this research are; First, how is the marriage tradition of the Bugis community, Second, what is the view of Islamic law on the Mappasikarawa tradition in Kaballangan Village, Duampanua District, Pinrang Regency, South Sulawesi. To find the answers to the above problems, the writer used the qualitative method (field research) by using normative, historical, and sociological approaches. The results of the research found are as follows: First, the Mappasikarawa tradition in the marriage of the Bugis Pinrang community is one of the activities performed before the marriage contract with the aim that the bride and groom get happiness, peace, prosperity, physically and spiritually in their life. Second, in the view of Islamic law, the Mappasikarawa tradition is not permissible in reference to a process that violates the rules of Islamic law in its implementation where the bride and the groom in direct contact before being a legal partner since Mappasikarawa is performed before the marriage contract. It means that there is an illegal interaction between two people who are not yet included in the mahram category","PeriodicalId":414567,"journal":{"name":"BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128487190","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}