Rosmita
Institut Agama Islam STIBA Makassar, Indonesia

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Analisis Mazhab Hanafi Tentang Jual Beli Tanah Tanpa Tanamannya: Analysis of the Hanafi Mazhab Concerning Buying Land Without Plants Rosmita; Santi Sarni; Aisyah Nurul Afifah
AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam Vol. 6 No. 1 (2026): AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, IndonesiaInstitut Agama Islam STIBA Makassar, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/al-khiyar.v6i1.2704

Abstract

This study aims to analyze the Islamic legal perspective on the practice of buying and selling land without plants growing on it, as well as the views of the Hanafi school of thought on this matter. The questions are: First, what is the Islamic legal perspective on the practice of buying and selling land without plants growing on it? Second, how is the Hanafi school of thought analyzing the Hanafi school of thought on buying and selling land without plants growing on it? This study used a qualitative approach with textual study (Library Research) and normative and phenomenological analysis. The results show that, from the Hanafi school of thought, the sale of land without plants growing on it can be explained as follows: First, in the practice of buying and selling land that includes plants, according to Islam, the plants are sold along with the land. This is based on the understanding that plants are part of the land, so that ownership of the land and plants is transferred to the buyer. This is also in line with the customary practice ('urf) of society, which considers plants to be an inseparable part of the land, unless the contract stipulates otherwise. Second, according to the Hanafi school of thought, plants growing on land do not automatically become part of the land sale unless expressly stated in the contract. This view emphasizes the importance of clarity regarding the object of the contract in a sale and purchase transaction. Therefore, although the majority of scholars believe that the land sold includes the building and the plants on it, it is advisable to state the ownership of the plants in official documents, such as a land certificate or a deed of sale, to avoid future disputes and maintain prudence (iḥtiyāt).
Pelarangan Terhadap Makanan Halal  Perspektif Maqāṣidu Al-Syarī’ah  (Studi Tentang Imbauan  Asrama Putri Stiba Makassar): Prohibition On Halal Food From The Perspective Of Maqāṣidu Al-Syarī’ah (A Study Of The Appeal Of The Stiba Makassar Girl's Dorm) Sartini Lambajo; Rosmita; Nurhayati Abubakar
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 5 No. 2 (2026): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/al-qiblah.v5i2.3000

Abstract

This study aims to determine the perspective of maqāṣidu al-Syarī’ah on the prohibition of halal food in the STIBA Makassar Girls' Dormitory. The problems that the author raises in this study are; First, how is the concept of prohibition of halal food seen from maqāṣidu al-Syarī’ah. Second, how is the application of maqāṣidu al-Syarī’ah in the context of the appeal to prohibit halal food in the STIBA Makassar Girls' Dormitory. This study uses a type of field research using a normative and phenomenological approach. The results of the research found are as follows; First, the concept of prohibition of halal food in Islam can be seen from several factors that influence it. The most important factor is fulfilling the criteria of halal and ṭayyib. The term halal refers to the type of food that is not forbidden and is permitted to be consumed. Halal means sought, obtained, and collected not in a haram way. Meanwhile, ṭayyib refers to food that provides benefits, goodness, and well-being. The term ṭayyib in food refers to something that provides benefits to the body. Second, the application of Maqāṣidu al-Syarī'ah in the context of the appeal to prohibit halal food in the STIBA Makassar female dormitory can be seen from 5 main elements: protecting religion, soul, mind, lineage, and wealth. This appeal aims to ensure that female students consume healthy food so they can carry out religious activities properly, avoid diseases that can disrupt health, maintain the strength and intelligence of female students' thinking power, prevent negative impacts that will affect the health of reproductive organs such as menstrual disorders, and minimize the level of wastefulness.