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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Islahuddin Ramadhan Mubarak
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METODE ISTINBATH DEWAN SYARIAH WAHDAH ISLAMIYAH DALAM MENETAPKAN HUKUM BPJS KESEHATAN MANDIRI Islahuddin Ramadhan Mubarak; Sulkifli Herman; Rahmat Saputra
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (2020): 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 | Full PDF (292.717 KB) | DOI: 10.36701/bustanul.v1i1.127

Abstract

This study aimed to recognize the law of Individual Healthcare of Social Security Agency (BPJS Kesehatan Mandiri) in Islamic law by linking the fatwa of the Sharia Council of Wahdah Islamiyah regarding its legal status. This study tried to examine the flow and contract system of BPJS Kesehatan Mandiri and istinba>t method of Sharia Council of Wahdah Islamiyah in determining the law of BPJS Kesehatan Mandiri. The method in this study used qualitative research based on field research with observation, interview, and manuscript collection techniques, and descriptive analysis in summarizing research findings. The results found were as follows: First, the concept of social security prescribed in Islam to actualize ta?a>wun, tada>mun, or taka>ful is the concept of insurance conducted in a way a tabarru? agreement is there, that is a form of contract which is conducted with the aim of goodness and helping each other. Second, BPJS Kesehatan is a public legal entity that is responsible for providing social security for the entire community based on Law No. 40 of 2004 and Law No. 24 of 2011 concerning the Social Security Organizing Agenc Third, the istinba>t method of the Wahdah Islamiyah Sharia Council is based on the Qur'an, Sunna, Ijmak and Qiya>s. Fourth, the recommendations from istinba>t of Sharia Council of Wahdah Islamiyah regarding the ideas and concepts of social security are that it is not a problem, however the flow and contract system are not yet in accordance with the sharia. Fifth, the recommendations of istinba>t results of Sharia Council of Wahdah Islamiyah regarding the existence of BPJS Kesehatan are that it is needed by Indonesian people, then it is not difficult to make social insurance based on sharia rules, if this is not possible, then the community should be given a choice to choose an insurance in accordance with sharia principles.
Nikah dengan Lafaz Hibah (Studi Komparatif Antara Jumhur Ulama dan Imam Abu Hanifah) Muhammad Taufan Djafri; Islahuddin Ramadhan Mubarak; Vaizki M. Rusli
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 2 No 1 (2021): 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.v2i1.278

Abstract

This study aims to determine and understand the law of marriage with lafaz grants according to the jumhur of scholars and Imam Abu Hanifah. In this study, the authors used a library research type using a normative juridical approach and comparative analysis. The research results found are as follows; First, a grant-based marriage is not recommended according to the jumhur of scholars because the number of scholars only allows lafaz of marriage with lafaz al-nikah and al-tazwij as usual. Second, a marriage with a grant name may be in the Imam Abu Hanifah mazhab because while it is still in the form of ownership transfer, the name may be used in the implementation of the marriage contract. So the use of lafaz grants in a marriage contract is not allowed in the view of the jumhur of scholars, but it is okay for anyone who wants to use Imam Abu Hanifah's opinion about permitting to use the lafaz grant in a marriage contract, because this is just a difference in fiqh issues that sometimes the scholars differ in interpreting or understanding an argument.
Adat Pernikahan Mombolasuako pada Suku Tolaki dalam Tinjauan Hukum Islam: Mombolasuako Marriage Traditions of the Tolaki Tribe in a Review of Islamic Law Syarif, Muh Isra; Islahuddin Ramadhan Mubarak; Ihwan Wahid Minu
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 1 No. 1 (2022): 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/qiblah.v1i1.624

Abstract

This study aims to determine the review of Islamic law on the Mombolasuako Marriage Tradition in the Tolaki Tribe. This research is a field research. The type of research is a qualitative research type, with a juridical approach and a cultural anthropological approach. The results of the study show that, First, Mombolasuako or taking women away without the permission of their guardians to marry according to the Shari'a is prohibited and forbidden. So that a person should not choose the mombolasuako path when he wants to marry a woman, even though he is not approved. Second, the implementation of the Mombolasuako marriage custom of the Tolaki tribe in Konawe Regency, although it is not in accordance with the normal rules of Tolaki custom, but in the view of the Shari'a it is in accordance with Islamic Shari'a, because it fulfills the requirements and pillars of marriage in Islamic Shari'a, such as in a traditional procession. Mombolasuako which includes: (1) the Mepopolei stage which aims to ask for guardianship permission, so that it is accepted for the marriage process. (2) Then the mesokei stage, namely the stage where the agreed offerings are fulfilled, and this is the same as the dowry. (3) The last is the mowindahako stage, where the ijab qabul contract is carried out simultaneously with the presence of witnesses from adat.
Hukum Pembuatan Pupuk dari Bangkai Binatang: The Law of Making Fertilizer from Animal Carcasses Rahmadani, Rahmadani; Islahuddin Ramadhan Mubarak; Riska, Riska; Afni A., Nur
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 1 No. 1 (2022): 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/qiblah.v1i1.631

Abstract

This study aims to find out and understand what the law of making fertilizer from animal carcasses is. The problems in this research are; First, how about the law of carrion in general? Second, how is the review of Islamic law on the manufacture of fertilizer from animal carcasses? Qualitative descriptive research (non-statistical) using historical approaches and normative juridical approaches. The data used in this study are sourced from primary data and secondary data in the form of the Koran, hadith, classic and contemporary books, journals, theses, papers, and scientific literature related to the title of this research. The results of the research found are first, the law on the use of animal carcasses is okay because it is also a treasure that can be used, what is forbidden from the carcass is consuming or eating it. Second, the review of Islamic law on the manufacture of fertilizer from animal carcasses is lawful because there has been suitability of each analytical review used, such as in terms of manufacture or production, qiyās, istitālah, and maslahah.
Hukum Investasi Saham Menurut DSN-MUI dan AAOIFI: Tinjauan Fikih Muamalah: Stock Investment Law According to DSN-MUI and AAOIFI: Review of Muamalah Fiqh Muhammad Shiddiq Abdillah; Islahuddin Ramadhan Mubarak; Andi Khaula Al Hannan
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 2 No. 6 (2023): 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/qiblah.v2i6.1574

Abstract

This research aims to determine the legal status of stock investment according to DSN-MUI and AAOIFI and to analyze their opinions from the perspective of Islamic jurisprudence (fiqh muamalah). This study employs a descriptive qualitative method through library research. The findings of the research are as follows. Firstly, DSN-MUI holds that investment in joint-stock companies with elements of usurious transactions is permissible under certain conditions and requirements. Secondly, AAOIFI also considers it permissible under specific conditions and requirements. Thirdly, based on the analysis of fiqh muamalah, the correct opinion is that trading in stocks is entirely prohibited if there are elements of usury or impermissibility within a company. Despite various considerations of fiqh principles, maslahat istishlahiy, and other rules, it remains prohibited because the prohibition of usury is clear in the Quran, which states that Allah permits trade and forbids usury. Based on the results of this research, it is advised for those who wish to invest in joint-stock companies to first investigate the company they are interested in. If there are usurious transactions within it, participation in the company is prohibited. However, if there are no usurious transactions, then participation in the company is allowed.
Co-Authors Afni A., Nur Andi Khaula Al Hannan Ihwan Wahid Minu Muhammad Shiddiq Abdillah Muhammad Taufan Djafri Rahmadani Rahmadani Rahmat Saputra Riska Riska Sulkifli Herman Syarif, Muh Isra Vaizki M. Rusli