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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Ulul Albab: Jurnal Studi Islam DE JURE Hukum Islam Al-Ihkam: Jurnal Hukum dan Pranata Sosial SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Tasyri` : Jurnal Tarbiyah-Syari`ah-Islamiyah El-Ahli : Jurnal Hukum Keluarga Islam Legal Protection for the Partnership Agreement Parties Islam Transformatif : Journal of Islamic Studies Al Hurriyah : Jurnal Hukum Islam Syarah: Jurnal Hukum Islam dan Ekonomi Al-Istinbath: Jurnal Hukum Islam Borneo : Journal of Islamic Studies Al Ushuliy USRATY : Journal of Islamic Family Law Hakamain: Journal of Sharia and Law Studies NALAR FIQH: Jurnal Hukum Islam Madania: Jurnal Kajian Keislaman Al Muhkam: Journal of Islamic Law and Jurisprudence
Busyro, Busyro
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Legal Protection for the Partnership Agreement Parties

 1 
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (874.431 KB) | DOI: 10.30631/alrisalah.v19i1.87

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (613.465 KB) | DOI: 10.30631/alrisalah.v20i1.567

Abstract

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. 
The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia Ismail, Ismail; Busyro, Busyro; Nofiardi, Nofiardi; Wadi, Fajrul; Alwana, Hanif Aidhil
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1243

Abstract

This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v19i1.87

Abstract

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 fi 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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v20i1.567

Abstract

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. 
The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia Ismail, Ismail; Busyro, Busyro; Nofiardi, Nofiardi; Wadi, Fajrul; Alwana, Hanif Aidhil
Al-Risalah Vol 22 No 2 (2022): December 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v22i2.1243

Abstract

This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.
Co-Authors Alfin, Aidil Alwana, Hanif Aidhil Aminuyati Beni Firdaus Bustamar Bustamar, Bustamar Dafizki, Ashlih Muhammad Desembri, Desembri Edi Rosman Firdaus, Zulkifli Gafnel Hayati, Riska Fauziah Helfi Helfi, Helfi Hendri Hendri Ikhwan Ikhwan Ismail Ismail Maizul Imran Manap, Norhoneydayatie Abdul Marlina, Selfia Maulida, Fadhilatul Muassomah Muassomah Muhammad Taufiq Musda Asmara Nofiani, Wina Nofiardi, Nofiardi Nunu Burhanuddin Puspita Sari, Rekha Saiful Amin Saka, Putri Ananda Sasmiarti, Sasmiarti Tarihoran, Adlan Sanur Wadi, Fajrul Wafa, Moh Ali Wardi, Utama Yusnita, Helmi Zainuddin, Zainuddin