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The Position of the Guardian in Marriage Perspective of the Hanafi and the al-Shafi'i Madhhab Rosmita; Afifah, Andi Nur; Nasaruddin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.30969

Abstract

This article aims to determine and understand the position of the guardian in marriage according to the Hanafi and the al-Shafi’i madhhab, and its application to Islamic law (fiqh), as well as its actualization in social life. Furthermore, to obtain data and answers to these problems, descriptive qualitative (non-statistical) research was used, which focused on the normative approach method. The results found a difference between the Hanafi and the al-Shafi’i madhhab in viewing the position of a guardian in a marriage. The Hanafi madhhab views that a guardian in marriage is not a pillar but only a sunnah, hence, the absence of the guardian does not affect the ijab-qabūl. This is in contrast with the al-Shafi’i madhhab perspective, which places the guardian as one of the pillars, and the absence makes the consent of the qabūl invalid. There is also a sense of security that arises as a result of the guardian's permission. Therefore, because marriage is a life decision, women's choices need to be based on the instruction and knowledge of the guardian.
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.
TINJAUAN KAIDAH FIKIH DAF‘U AL-ḌARAR MUQADDAM ‘ALĀ JALBI AL-MAṢĀLIḤ TERHADAP PERUBAHAN SISTEM KATERING Indarwati; Rosmita; Sarni, Santi
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol. 24 No. 01 (2026): (April 2026)
Publisher : LPPM Universitas Islam Ibrahimy Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/frt1s053

Abstract

This study aims to analyze the change in the catering system in the female dormitory of IAI STIBA Makassar from mandatory to optional from the perspective of the Islamic jurisprudence principle of daf‘u al-ḍarar muqaddam ‘alā jalbi al-maṣāliḥ. This study uses a qualitative approach with a case study type. Data were collected through interviews, observations, and questionnaires distributed to female dormitory students. Data analysis was carried out descriptively and analytically with reference to the principles of Islamic jurisprudence. The results show that the change in the catering system provides several benefits, including easing the financial burden on students, providing flexibility in determining consumption patterns, and increasing the efficiency of kitchen management. However, this policy also causes several disadvantages, such as less regular eating patterns, the potential for decreased nutritional intake quality, and reduced social interaction among students. Based on an analysis of Islamic jurisprudence, the change in the catering system is deemed to be in line with the principle of daf‘u al-ḍarar muqaddam ‘alā jalbi al-maṣāliḥ, as it is able to eliminate greater harm by taking on lesser harm (al-ḍarar al-akhaff). Therefore, this policy can be maintained provided there is supervision and guidance to minimize any negative impacts that arise.
Kawing Soro’ dalam Tinjauan Fikih Munakahat (Studi Kasus di Desa Citta Kecamatan Citta Kabupaten Soppeng): Kawing Soro' in the Review of Fikih Munakahat (A Case Study in Citta Village, Citta Sub-District, Soppeng District) Rosmita; Syamsiah Nur; Annisa Fausya
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 7 No. 1 (2026): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
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/bustanul.v7i1.2154

Abstract

This study aims to find out and understand the soro' marriage in the perspective of munakahat fiqh. The problems that the author raises from this study are: first, how is the concept of soro' marriage in Citta village, Citta sub-district, Soppeng district; and second, how is the view of munakahat fiqh towards soro' marriage in Citta village, Citta sub-district, Soppeng district. This study uses a qualitative research type using a normative approach method, a phenomenological approach, and a sociological approach. The results of the study found are as follows: first, the concept of soro' marriage consists of objectives, pillars, requirements for both brides and grooms, requirements for guardians, requirements for witnesses and stages of soro' marriage. Second, the law of soro' marriage is permissible or the marriage is valid according to the view of munakahat fiqh, because there is no difference between the pillars and requirements in marriage, except in the stages of soro' marriage, namely mappacci, mappassikarawa, good days and twin marriage. This is contrary to Islamic law so that it is forbidden to do it. Even though these stages are forbidden, the marriage is still valid. Because these stages are only traditions that when abandoned do not cancel the marriage. The implications of this study are expected so that society is more careful and it would be better to abandon these stages and switch to Islamic marriage as exemplified by the Prophet Muhammad.