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All Journal NUKHBATUL 'ULUM : Jurnal Bidang Kajian Islam AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Muhammad Nirwan Idris
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Religion

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Analisis Implementasi Kaidah Fikih Lā Ḍarar Wa Lā Ḍirār dalam Kedokteran Modern pada Kasus Tindakan Operasi Muhammad Nirwan Idris; Kurnaemi Anita
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 6 No 1 (2020): NUKHBATUL 'ULUM: Jurnal Bidang Kajian 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/nukhbah.v6i1.100

Abstract

The relevance of the principles of fiqh in interpreting the law of a number of cases in the world of modern medicine has long been applied globally by classical and contemporary fiqh scholars. Advances in technology in the field of medicine have given rise to a number of controversial medical treatments and measures. For this reason, this study was carried out to describe the concept of fiqh la> d}arar wa la> d}ira>r in formulating shari'a law in medical disciplines and the correlation between the two, then implementing it based on the case examples described. This study uses qualitative analytic research with a phenomenological approach. The results of the study concluded that medical treatment that violates the shari'ah code of ethics and poses a danger and damage to the patient concerned can be included in the la> d}arar wa la> d}ira>r rules. Examples of cases such as hysterectomy carried out due to medical and emergency interests, are permitted as the application of the rules of al-d}arar yudfa’ bi qadr al-imka>n. Then medical treatment is not carried out for reasons of treatment and emergency needs, such as changing parts of the body for beauty and trends, or taking actions that according to the medical there are dangers and negative effects that are greater than the benefits, then it can be included in the rules of ' dar’u al-mafāsid muqaddam ‘ala> jalbi al-mas}a>lih}. In the case of autopsy and eugenic abortion are included in the rule of the law iz{a> ta’a>rad{a mafsadata>n ru>’iya a’zamuhuma dararan bi irtika>bi akhaffihima>, for taking less harm should be done to avoid greater harm, and this is the most appropriate opinion on this issue.
Relevansi Pembiayaan Pemilikan Rumah (PPR) Syariah dalam Penyelesaian Pembiayaan Bermasalah Bernilai Humanis Islami Kurnaemi Anita; Muhammad Wahyuddin Abdullah; Muhammad Nirwan Idris
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 6 No 2 (2020): NUKHBATUL 'ULUM: Jurnal Bidang Kajian 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/nukhbah.v6i2.221

Abstract

Preference in solution construction of non-performing financing based on Islamic business ethics was born from the accumulation of fiqh of muamalah conceptions. This study aimed to describe the PPR mechanism according to sharia standards and to identify the relevance of sharia PPR practices in producing non-performing financing with Islamic humanist values based on fiqh of muamalah. This is qualitative research with a phenomenological approach to the Sharia Property Developer PT. Wahana Persada Indonesia. Data collection was conducted through observation and interviews with the president director, accounts receivable staff, marketing staff, and several users. This research describes the flow of financing that occurs in the field, starting from the location survey to the implementation of the Sale and Purchase Agreement and the handover of homeownership certificates. Besides, this study also finds three types of handling of problematic financing qualifications applied by developers in each cluster, starting from soft connections, restructuring, and finding a replacement for users. This is then made relevant to the values of Islamic business ethics to create an Islamic humanist financing atmosphere.
Kontroversi ’Aul dalam Hukum Waris Islam dan Praktiknya di Indonesia Kasman Bakry; Muhammad Nirwan Idris; Fadlan Akbar; Kurnaemi Anita
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 7 No 2 (2021): NUKHBATUL 'ULUM: Jurnal Bidang Kajian 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/nukhbah.v7i2.423

Abstract

This study aims to uncover the controversy of 'aul in the concept of Islamic inheritance' and the method of the majority of scholars in tarjīh this problem and how it is practiced in Indonesia. This research is a qualitativeresearch with a normative juridical approach that focuses on literature review and comparative analysis. The results of the study found that 'Umar bin al-Khaṭṭāb viewed that the concept of 'aul was a solution to the problem of inheritance which experienced an increase or excess in the origin of the problem which was not sufficiently divided among all heirs. As for 'Abdullah bin 'Abbās mentioned that if the inheritance is not enough to be distributed to all the heirs, then the one who has the strongest position among the heirs will take precedence over the inheritance rights. The majority of scholars then determined the solution to the inheritance problem that experienced 'aul by interpreting the words of 'Umar bin al-Khaṭṭāb, namely using the concept of 'aul. Then it was found that the application of the problem of 'aul in inheritance in Indonesia is considered still not optimal and even barely implemented. This is triggered by several factors including not too interested in the community and not yet aware of the importance of applying sharia law in inheritance issues. This research is expected to contribute thinking and education as a complement and valuable solution for inheritance problems in the Muslim community.
Forced Divorce Polemic: Comparative Analysis of the Hanafi and Shafii Schools of Thought Muhammad Nirwan Idris; Kurnaemi Anita
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol. 10 No. 1 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian 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/nukhbah.v10i1.1073

Abstract

This article aims to summarize the views of the Hanafi and Shafii madhhabs regarding the status of divorce of a person who is forced and the method of determining it, as well as to find out the method of scholars in tarjīḥ opinion between the Hanafi and Shafii schools in this case. To get answers to the problems, this article uses library research that focuses on manuscript and text studies, using case and comparative approach methods. By looking at some coercive ḍawābiṭ, the results of the study found that; First, the Hanafis argue that divorce imposed by a person who is forced is legal, because here he faces two tough choices, namely divorcing his wife or receiving threats from the person who forced him, and in fact, he chooses to divorce his wife. In contrast to the Shafii school of thought, which is not consider valid, because divorce is an absolute right for the husband alone, also because Allah has aborted disbelief in those who are forced to disbelieve. The istinbāṭ method of the law used by the Hanafi and Shafii schools is that they both use kias. Second, the scholar's method in tarjīḥ the opinion between the Hanafi school and the Shafii school regarding forced divorce is by looking at the sanad hadith. In this case, the majority of scholars further strengthen the hadiths used as evidence by the Shafii school because they see the ṡīqāh (trusted) narrators of hadith so that all of their narrators can be used as evidence.
Pengobatan dengan Benda Haram Perspektif Ulama Mazhab: Treatment with Haram Object from the Perspective of the Mazhab Scholars Muhammad Nirwan Idris; Kurnaemi Anita; Muhammad Anugrah
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 3 No. 1 (2024): 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.v3i1.1328

Abstract

This research aims to find out and understand the legal concept of using haram objects in treatment from the perspective of sectarian scholars. This research is a descriptive qualitative research based on literature (Library research) which is based on relevant texts as an analytical tool, using normative and comparative approach methods. The research results first discuss the emergency limitations of the fuqaha perspective. Furthermore, the results of the study found that: 1) Ulama agrees on the prohibition of seeking treatment with haram objects under normal circumstances without any element of emergency. It's just that they have different opinions in emergencies, some of which absolutely prohibit it, consisting of the majority of Hanafiyah, Malikiyah, Syafi'iyah and Hanabilah scholars. Some Hanafiyah scholars allow it with conditions; 2) The opinion chosen in this matter is permissible with conditions, namely that there is an element of emergency and a recommendation from a trusted Muslim doctor, where it is confirmed that the drug can treat the disease and there is no halal drug that can replace it.
Kedudukan Nafkah Istri Nusyuz Selama Masa Idah (Studi KHI Pasal 80 Perspektif Fikih Munakahat) Riska Wulandari; Muhammad Nirwan Idris; Jamaluddin, Jamaluddin
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 3 No. 4 (2024): 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.v3i4.1635

Abstract

This research aims to analyze Article 80 of the Compilation of Islamic Law (KHI) from the perspective of fiqh munakahat and to examine the views of scholars regarding the position of the living allowance for a nusyuz wife during the idah period. This study uses qualitative research methods with a normative juridical approach, which involves examining literature or secondary data as the primary basis for research by reviewing regulations and literature related to the issues being studied. The findings show that KHI Article 80 and fiqh munakahat share a fundamental principle regarding the living allowance for a nusyuz wife during the idah period, namely that a nusyuz wife is not entitled to a living allowance. However, there are differences in definitions, criteria, the process of proving nusyuz, as well as sanctions and impacts. The majority of scholars view that a nusyuz wife is not entitled to a living allowance and housing because the allowance is only obligatory in exchange for the wife's submission to her husband. The implications of this study highlight the need for a deeper understanding of Islamic teachings, strengthening public education and awareness, encouraging peaceful resolution through alternative channels, and monitoring and evaluating the implementation of marriage laws. These recommendations are expected to create a more harmonious and just marital environment based on the principles of justice and the protection of individual rights in accordance with Islamic teachings and applicable laws.
Co-Authors Abdullah, Muhammad Wahyuddin Fadlan Akbar Jamaluddin Jamaluddin Kasman Bakry Kasman Bakry Kurnaemi Anita Muhammad Anugrah Riska Wulandari