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All Journal Jurnal Adabiyah Pusaka : Jurnal Khazanah Keagamaan Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab TAJDID: Jurnal Ilmu Ushuluddin
Sanusi, Nur Taufiq
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab

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Perkawinan Wanita Hamil Dengan Yang Bukan Menghamilinya di Desa Uraso Kabupaten Luwu Utara Menurut Imam Malik dan Syafi'i Aldiansyah; Maloko, M. Thahir; Sanusi, Nur Taufiq
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 3, SEPTEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.27499

Abstract

The main problem in this research is how the marriage of pregnant women with men who are not pregnant in Uraso Village, Kec. Mapdeceng, Kab. North Luwu According to Imam Malik and Shafi'i. The main problems that will be described from the sub-problems are: 1) What are the views of the people of Uroso Village, Kec. Mapdeceng, Kab. North Luwu regarding the marriage of a pregnant woman with a man who did not impregnate her? 2) What is the opinion of Imam Malik and Syafi'i on the marriage of a pregnant woman with a man who did not impregnate her in Uroso Village, Kec. Mapdeceng, Kab. North Luwu?. The type of research used is qualitative research or field research which describes the phenomena that occur in society and aims to produce descriptive data in the form of data, images and behavior of the people observed using a syar'i normative approach sourced from the arguments of the Qur'an, the hadith of the Prophet as well as the ijtihad of the Ulama and the sociological approach. The data sources in this research are sourced from primary data and secondary data. The results of this study indicate that: 1) Regarding the views from interviews with several community and religious leaders, they have different opinions regarding this phenomenon. 2) The scholars agree on the permissibility of marrying adulterers for those who commit adultery. Thus, the marriage of a pregnant woman with a man who impregnates her or commits adultery is legal and they may have intercourse as husband and wife. Meanwhile, the views of Imam Malik and Shafi'i regarding the marriage of a pregnant woman with a man who did not impregnate her have different opinions. Imam Malik is of the opinion that the marriage is invalid. This is because women who have sexual intercourse with adultery have exactly the same legal status as women who have sexual intercourse with syubhat. The woman must purify herself at the same time as the 'iddah of the woman whose husband divorced her, except when had (punishment) is required. Meanwhile, Imam Shafi'i allowed the marriage of a pregnant woman to a man who did not impregnate her.
Filantropi Islam dan Regulasi Hukum Positif: Kajian Fikih Sosial terhadap Program Donasi Dana Dompet Dhuafa Sulawesi Selatan Wildan, Muhammad; Asni, Asni; Sanusi, Nur Taufiq
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.52949

Abstract

This study aims to analyze the practice of cutting social fund donations by the Dompet Dhuafa Philanthropic Institute of South Sulawesi from the perspective of social fiqh and positive law. The focus of this research includes the mechanisms of fund management by philanthropic institutions, as well as how these practices are normatively reviewed in the context of Islamic law and national regulations. This study uses a qualitative approach with a field study method. Data was collected through observation, in-depth interviews, and documentation, which was then strengthened by literature studies of laws and regulations, scientific literature, and information from the official websites of related institutions. Data analysis is carried out through the stages of data reduction, data presentation, and drawing conclusions. The results of the study show that Dompet Dhuafa South Sulawesi collects funds from ZISWAF and Corporate Social Responsibility (CSR) sources, with an allocation of 12.5% for operational needs and amil rights. From the perspective of social fiqh, the deduction is justified based on the provisions in QS. At-Taubah verse 60 and MUI Fatwa No. 8 of 2011, which stipulates the share of amil at 12.5%, in line with the views of scholars such as KH. Sahal Mahfudh and KH. Ali Yafie who emphasized the importance of optimizing zakat institutions in community empowerment in accordance with the principles of maqāṣid al-syarīʿah. Meanwhile, in the context of positive law, the deduction of social funds by Islamic philanthropic institutions is regulated in Article 67 paragraph (2) of Government Regulation No. 14 of 2014 as a derivative of Law No. 23 of 2011, and strengthened by the Decree of the Ministry of Religion No. 733 of 2018 and BAZNAS Regulation No. 1 of 2016, which allows deductions of up to 20% outside of zakat funds. On the other hand, public philanthropic institutions or Money and Goods Collection Institutions (PUB) are subject to Government Regulation No. 29 of 1980 and Permensos No. 8 of 2021, which limit operational costs to a maximum of 10% without specific regulations regarding the salary of administrators. This research emphasizes the need for regulatory distinction between Islamic and public philanthropic institutions, as well as the strengthening of transparency in the management of social funds to maintain public trust and the effectiveness of aid distribution.
Co-Authors Ahmad Fauzan Aldiansyah Asni Asni Hasim, Hasanuddin HS, Muhammad Alwi Kurniati Kurniati M. Thahir Maloko, M. Thahir Misbahuddin Misbahuddin Muhammad Wildan Sapitri, Sandi Syatar, Abdul