Garuda - Garba Rujukan Digital

Nikah Siri dalam Tinjauan Hukum Teoritis dan Sosiologi Hukum Islam Indonesia Alfin, Aidil; Busyro, Busyro
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 1 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shariâ€™ah. It is common to say that Shafiâ€™ischool of law is the largest shariâ€™ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

Menyoal Hukum Nikah MisyÄr dalam Potensinya Mewujudkan MaqÄá¹£id Al-Aá¹£liyyah dan Al-Tabâ€™iyyah dalam Perkawinan Umat Islam Busyro, Busyro
Al-Manahij: Jurnal Kajian Hukum Islam Vol 11 No 2 (2017)
Publisher : Fakultas Syariah IAIN Purwokerto

The main purpose of marriage is having progeny besides for having happy and restful life. It is common saying that every people that get married are having kids besides other purposes in their lives. Unlike the purpose of common marriage, the main purpose of nikah misya>ris not for having kids. Yet, nikah misya>r is the marriage that aims only to have life together legally and to get sexual pleasure. This kind of marriage is done like common marriage in Islamic law that still fulfils the requirements and the principles of marriage. Some of Ulamas see that nikah misya>r is allowed to do. They argue that the purpose of marriage is not only for having descendant, but also for enjoyment and happiness. Ignoring to have kids in marriage aim actually is not a digression of Islamic rules. Otherwise, some of Ulama strongly forbid this kind of marriage because it does not actualize the interest of marriage that is to have posterity. However, in maqa>á¹£id al-aá¹£liyyah (primary purpose of syariâ€™ah) and maqa>á¹£id al-tabâ€™iyyah (secondary purpose of syariâ€™ah) view, nikah misya>r should be banned because it clearly infringes the will of The Lawmaker, al-SyÃ¢riâ€™ (Allah).

Kemampuan Penggunaan Kalimat Transformasi Bahasa Indonesia dalam Karangan Siswa Sma Ma’arif NU Solokuro Kabupaten Lamongan Busyro, Busyro
Tasyri` : Jurnal Tarbiyah-Syari`ah-Islamiyah Vol 26 No 1 (2019): April 2019
Publisher : LPPM STAI Ihyaul Ulum Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29138/tasyri.v26i1.67

Tujuan penelitihan ini dilakukan adalah untuk mengetehui kemampuan siswa kelas XI SMA MA’ARIF NU Solokuro Lamongan dalam penggunaan kalimat transformasi bahasa Indonesia dalam karangan. Tujuan tersebut diuraikan sebagai berikut: (1) untuk mengetahui kemampuan penggunaan kalimat tak lengkap bahasa Indonesia dalam karangan siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan. (2) untuk mengetahui kemampuan penggunaan kalimat luas bahasa Indonesia dalam karangan siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan (3) untuk mengetahui kemampuan penggunaan kalimat inversi bahasa Indonesia dalam karangan siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan (4) untuk mengetahui kemampuan penggunaan kalimat interogatif dan imperatif bahasa Indonesia dalam karangan siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan (5) untuk mengetahui kemampuan penggunaan kalimat negatif bahasa Indonesia dalam karangan siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan (6) untuk mengetahui kemampuan penggunaan kalimat majemuk bahasa Indonesia dalam karangan siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan (7) untuk mengetahui kemampuan penggunaan kalimat pasif bahasa Indonesia dalam karangan siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan.Data dikumpulkan dengan metode tes, dan metode simak. Kecenderungan kemampuan penggunaan kalimat transformasi yang paling banyak digunakan oleh siswa kelas XI SMA MA’ARIF NU Solokuro Kabupaten Lamongan adalah kalimat majemuk, sedangkan yang paling jarang digunakan adalah kalimat negatif. Akan tetapi, dilihat dari jumlah nilainya yang paling baik adalah kalimat negatif karena memperoleh skor 83 %, sedangkan yang paling jelek adalah kalimatinversi karena memperoleh skor 48 %, dan yang paling banyak kesalahannya adalah kalimat majemuk.

THE PROFIT OF THE PRE-EMPLOYMENT PROGRAM JOCKEY IN THE PERSPECTIVE OF SHARIA ECONOMIC LAW Firdaus, Beni; Helfi, Helfi; Busyro, Busyro; Hendri, Hendri
ULUL ALBAB Jurnal Studi Islam Vol 23, No 2 (2022): Islamic Law and Economic
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/ua.v23i2.17490

Pre-employment program jockey is an agent who seeks a job for the community and obtains a fee from the services. The practice is particularly carried out related to the pre-employment card program launched by the government in 2020. This article describes the practice of pre-employment jockey and to analyze sharia economic law review on the profit. This article implemented qualitative research. The primary data were obtained through interview, observation and documentation, while the analysis was conducted descriptively. The research reveals that the jockey practice has assisted people to register pre-employment card program in 2020. The assistance consisted of account registration, training, and filling survey. The incentive given to the approved people is IDR 3.550.000 but the transparency about the exact number is not precisely informed to the account owner. It can be more than the said amount or, even worse, the jockey got more incentive. This is inappropriate in sharia economic law. Ijarah principles are not applied here because there is no transparency, the willingness of account owner and justice; instead, the service contains ghulûl (corruption) and gharâr (scam) done by the jockey since what they did can be included as treason.

Legal Age Equality in Marriage According to Indonesian Positive Law in the Studies of Gender and Maqāṣid Al-Sharia Ismail, Ismail; Busyro, Busyro; Yenti, Endri; Amin, Saiful; Alwana, Hanif Aidhil
De Jure: Jurnal Hukum dan Syari'ah Vol 15, No 1 (2023)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v15i1.17696

Law No. 16 of 2019 has set the legal age allowed for marriage to 19 for both men and women and this change, from previously 19 for men and 16 for women, has sparked a discussion among scholars. This study aims to examine this provision from the aspects of gender and maqāṣid al-sharia. This research uses a normative juridical approach with qualitative data analysis, which concludes that equalizing the age of marriage between men and women at 19 years old has realized gender equality in terms of eliminating discrimination against women in obtaining their rights such as health, education, and economic rights, and can eliminate the dominance of a husband over his wife because marrying at the same age (adulthood) will have a positive effect on the way the couple treats each other. Marriage age equality from the perspective of maqāṣid al-sharia has realized maqāṣid al-tab'iyah (supporting objectives) at the level of al-taḥsīniyah because it makes marriage more prestigious and dignified.

Delaying the Burial of the Body of an Agam District Traditional Leader Gafnel; Busyro, Busyro; Ikhwan, Ikhwan
Hakamain: Journal of Sharia and Law Studies Vol. 2 No. 1 (2023): June 2023
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v2i1.324

This research discusses the phenomenon of delaying the burial of the customary leader of Agam Regency from the perspective of qiyas. This study uses a qualitative approach involving various data collection techniques, including interviews, participatory observation, and document analysis. Amid shifting values and changing religious practices in the community, the practice of funerals has become a sensitive issue that combines religious teachings and local traditions. A delay in the burial of a traditional leader may occur due to an important traditional ceremony or pending the arrival of family members from afar. Qiyas, as a method of analogy in Islamic law, becomes an instrument to formulate a conclusion in this case. The principle of qiyas allows postponement of burial if there is a greater benefit, such as maintaining the integrity of the family or strengthening the cultural identity of the local community. However, this must be done with due regard to basic religious principles, such as preserving the honor of the deceased and preventing any physical harm that may result from the delay. The study concludes that the postponement of the burial of the customary leader of Agam Regency from the perspective of qiyas can be justified in carefully regulated situations, considering the balance between religious demands, local traditions, and the social needs of the local community. The importance of dialogue between religious authorities and traditional leaders in addressing this issue cannot be overlooked, as it involves a deep understanding of intersecting religious and cultural values.

Appointment of Heirs as Funeral Prayer Leaders in the Bukittinggi Community: An Analysis of Designation from the Perspectives of Customary and Islamic Law Wardi, Utama; Ikhwan, Ikhwan; Busyro, Busyro
Hakamain: Journal of Sharia and Law Studies Vol. 3 No. 1 (2024): June 2024
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v3i1.327

This research delves deeper into the longstanding practice of appointing heirs as leaders of funeral prayers within the cultural tapestry of the Kurai community in Bukittinggi. It endeavors to unravel the socio-cultural fabric that deems heirs as appropriate custodians of this sacred ritual, exploring the historical evolution and societal roles entrenched in traditional funeral ceremonies. Methodologically, this research utilizes a qualitative approach through in-depth interviews with local community leaders to gain a direct understanding of the appointment of heirs as leaders of funeral prayers. This approach is enriched by scholarly discourse on highly relevant legal and religious issues, enhancing the analysis with theoretical perspectives and comparative viewpoints. By synthesizing these interdisciplinary approaches, the research aspires to unravel the intricate nuances and underscore the profound significance of heirs assuming the mantle of funeral prayer leadership in the Kurai community in Bukittinggi. The findings from this study are anticipated to yield nuanced insights into the intricate interplay between indigenous traditions and Islamic principles within the realm of religious practices in the Kurai community. This scholarly inquiry aims to foster novel perspectives and enrich ongoing dialogues on how local adaptations harmonize with and enrich Islamic values in everyday life. In contribution to existing literature, this research offers a deeper understanding of the socio-cultural dynamics that influence the appointment of heirs as funeral prayer leaders. It also provides a nuanced exploration of the legal and religious implications of this practice, thereby contributing to broader discussions on the adaptation of Islamic norms in local contexts.

CUSTOMARY SANCTIONS FOR NON-PRAYING INDIVIDUALS IN LIMA PULUH KOTA: A SADD AL-DZARIAH PERSPECTIVE ON STRENGTHENING SOCIAL NORMS Desembri, Desembri; Busyro, Busyro; Ikhwan, Ikhwan
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol 3, No 2 (2024)
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v3i2.13034

This article examines the implementation and impact of social sanctions imposed on deceased individuals who did not perform prayers in Nagari Andaleh, Lima Puluh Kota Regency. In Islam, performing funeral prayers is a collective obligation for Muslims. However, in Nagari Andaleh, a unique policy is practiced: funeral prayers are withheld for those who never observed daily prayers during their lives. This practice is rooted in the local interpretation of Islamic teachings. Using the Sadd al-Dzariah approach, this study explores how these sanctions influence religious awareness and social cohesion within the community. Employing an ethnographic research method, the study integrates field observations, in-depth interviews, documentation, and juridical and sociological analyses. The findings reveal that these sanctions act as both informal law enforcement and a strategic effort to reinforce religious values and collective consciousness. The article provides an in-depth analysis of the social, psychological, and spiritual implications of this policy, offering valuable insights into the evolving interplay between religion, culture, and community identity in Nagari Andaleh. This study not only highlights the local community's innovative approach to addressing religious obligations but also sheds light on its broader impact on shaping behavior and sustaining religious norms.

Using Zakâh For The Establishment of Islamic Centers and Maqâṣid Al-Syarî‘ah’s Relativities Busyro, Busyro
Al-Risalah Vol 19 No 1 (2019): June 2019
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

One of the people who have the right to receive the zakâh mentioned in the eight aṣnâf is fî sabîlillah (people who are in a jihâd). Jihâd and all the means relating to it are the initial meaning agreed upon by most of ulama. The term fî sabîlillâh has been understood further in the context of the construction of places of worship and Islamic centers. This meaning expansion the term fî sabīlillah certainly needs to be seen in relation to maqâṣid al-syarî‘ah, especially in relation to ‘illat as one of the main instruments of maqâṣid al-syarî‘ah. The discussion by using ‘illat concluded that the development of the meaning of fî sabîlillâh to other than jihâd is permissible as long as it is intended to help individuals who struggle for the sake of the establishment of religion by financing their activities. Furthermore, this meaning is more in line with maqâṣid al-syarî‘ah.

Provisions of mahar (dowry) in Islam practiced by the Prophet Muhammad and his companions are substantially used as a standard of giving dowry in a marriage. Mahar provided by the Prophet as well as those by his companions had a high economic value; unless they were fortuneless. However, what has been practiced by many recently does not reflect the deed of the Prophet Muhammad. Nowadays, people tend to provide a set of prayer outfit as a mahar, an item which could not support a family financiall Yenti, Endri; Busyro, Busyro; Ismail, Ismail; Rosman, Edi; Wadi, Fajrul
Al-Risalah Vol 20 No 1 (2020): June 2020
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Provisions of mahar (dowry) in Islam practiced by the Prophet Muhammad and his companions are substantially used as a standard of giving dowry in a marriage. Mahar provided by the Prophet as well as those by his companions had a high economic value; unless they were fortuneless. However, what has been practiced by many recently does not reflect the deed of the Prophet Muhammad. Nowadays, people tend to provide a set of prayer outfit as a mahar, an item which could not support a family financially. Even if some people do provide high-priced mahar, yet much of it is used before akad (the marriage vow) to finance a wedding reception, rather than handing out the money directly to the wife. This article aims at evaluating this tradition, since it discriminates against women’s privilege of mahar. From the findings of the research, it is concluded that traditions; giving a set of prayer outfit to women, or using mahar as a payment for a wedding reception discriminate against women’s rights because the essence of mahar is to economically support or help the wife in the future. According to the provisions of ʻurf, this tradition does not fit in the Islamic law and is not legitimate to be incorporated into the Archipelago’s fiqh.

Title

Found 21 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 21 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 21 Documents
Search