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All Journal Al Ahkam El-Usrah: Jurnal Hukum Keluarga Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Journal of Nafaqah
Mustafa, Zulhas'ari
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Religion Humanities Law, Crime, Criminology & Criminal Justice Other

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Analisis Hukum Islam dan Hukum Positif Tentang Tindakan Aparat Negara Melakukan Spionase Terhadap Warga Negara Asrudi; Mustafa, Zulhas'ari
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23148

Abstract

This article aims to describe and analyze differences of opinion from the two legal bases, namely Islamic law and positive law regarding espionage by citizens against citizens. In answering the problems above, the author uses Library Research which is guided by the management of data obtained from several literatures. The sources of data obtained include secondary, primary and tertiary data. This research approach using a qualitative approach is something that is based on a literature study by exploring scientific works that are directly related to the object being studied and analyzing in the literature that has relevance to the problem discussed, then reviewing and then concluding. The results of this study indicate that there are differences and similarities in the views of Islamic law and positive law regarding the actions of state officials against citizens. In this paper, the opinion of Islamic law views that espionage carried out by state officials can be carried out if it is aimed at the interests of the State and Muslims. As the Prophet gave an example by sending trusted companions to spy on infidels and hypocrites who could endanger the security of Muslims at that time. However, apart from that, Islam strictly prohibits any spying if it is carried out on Muslims themselves, especially if the spying is groundless or only for personal gain as stated in the QS. Al-Hujurat paragraph 12. Then in positive law views that espionage may be carried out if the actions of the person who is the subject of spying has taken actions that are considered to violate the rules with sufficient preliminary evidence as regulated in the law relating to the permissibility of espionage. Outside of what is regulated in the law, espionage cannot be carried out because it violates a person's right to privacy as regulated in Law number 11 of 2008 concerning Information and Electronic Transactions
Penggunaan Pil Penunda Haid Bagi Jama’ah Haji dan Umrah: Studi Komparasi Pandangan Yusuf al-Qaradawi dan Ibn Utsaimin Mahendra, Aditya; Mustafa, Zulhas'ari; Jamil
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.27847

Abstract

This thesis discusses the Use of Menstrual Delay Pills for Hajj and Umrah Pilgrims (Comparative Study Between the Views of Yusuf al-Qardawi and Ibn Utsaimin). As for the formulation of this problem, namely (1) How is it legal to consume drugs to delay menstruation for women who carry out Hajj and Umrah? (2) What are the views of Yusuf al-Qardawi and Ibn Utsaimin regarding the use of menstrual delay pills for women who perform Hajj and Umrah? (3) The type of research is library research which is known as (Library Research) because the data being researched are books, journals, manuscripts which are all from the library. The type of data used is qualitative data type, namely the type of data related to data in the form of written words, observable events and behaviors. The results of this study are how then Yusuf al-Qardawi the pilgrims for Hajj and Umrah are allowed to consume drugs to delay menstruation in carrying out the pilgrimage and Umrah with the aim of being able to do the pillars of Hajj and Umrah perfectly without any obstacles and no problems. Because basically everything is permissible, as long as there is no prohibition from the Shari'ah. Meanwhile, al-'Utsaimin was more judgmental in terms of harm, so he suggested to those who use the drug to delay menstruation, it is better not to use it than harm in the future that befalls him.
Pemenuhan Hak Narapidana Ibu Menyusui Di Lembaga Permasyarakatan Kelas IIa Sungguminasa: Perspektif Mazhab al-Syafi’i dan Maliki Ramadhani, Herlina; Mustafa, Zulhas'ari
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.29928

Abstract

The purpose of this study was to examine. How are the conditions and treatment of prison officers for nursing mother inmates at the Class IIA Sungguminasa Penitentiary. What are the views of the Al-Shafi'i and Maliki schools regarding nursing mothers inmates. The method used is a qualitative research method that seeks to obtain information about the object under study according to the reality that exists in prisons. By using the interview method, and data collection the results showed that, The majority of the occupants of the prison for breastfeeding mothers in Sungguminasa class IIA were 3 people, namely Mrs. Satria Ria, Megawati and Mega Sulfia. Number 12 of 1995 which states that the rights of inmates who are breastfeeding mothers are fulfilled as long as they are undergoing a period of coaching. From the point of view of the Al-Shafi'i and Maliki schools, nursing mothers have carried out their obligations as mothers according to the views of the al-Shafi'i and Maliki schools. The implication of this research is that the coaching system has complied with the requirements and procedures for the implementation of the rights of the inmates who apply in accordance with Law No. 12 of 1995 concerning Corrections. The opinions of the Al-Shafi'i and Maliki schools in the application of the Class IIA Sungguminasa Women's Correctional Institution are carried out according to the views of the al-Shafi'i and Maliki schools which even though they are carrying out coaching, they still carry out their obligations as mothers, namely breastfeeding the baby. As for the form of deficiency, namely the lack of space for prisoners so that they are in one room whose number is outside of what they should be.
Legal Solutions for Domestic Violence in Unregistered Marriages in Indonesia: Integrating Maqāṣid al-sharī’ah Akmal, Andi Muhammad; Mundzir, Chaerul; Asti, Mulham Jaki; Abbas, Rahmawati; Mustafa, Zulhas'ari
El-Usrah: Jurnal Hukum Keluarga Vol 7, No 2 (2024): EL-USRAH: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v7i2.25971

Abstract

 This research investigates the legal protection available for domestic violence (KDRT) victims within unregistered marriages (nikah siri) in Indonesia. It assesses the difficulties arising from the lack of formal recognition for these marriages and evaluates how Maqāṣid al-sharī’ah  principles can improve legal protection and fill existing gaps in Indonesian law. The study proposes integrating Indonesian marriage law principles with national frameworks to enhance victim protection. A qualitative approach is used, including descriptive analysis of legal documents, case studies, and jurisprudential interpretations. Data were gathered through literature reviews, document analysis, and interviews with legal experts. The focus is on how Maqāṣid al-sharī’ah  principles apply to Indonesian domestic violence laws and the role of itsbat nikah in providing legal remedies. Findings indicate that Indonesia's current legal system inadequately supports victims of unregistered marriages, creating significant barriers to justice and protection. The research underscores that Maqāṣid al-sharī’ah ’s focus on safeguarding life and lineage can form a solid basis for legal reforms. Itsbat nikah is identified as a key solution for officially recognizing these marriages and enhancing legal safeguards. This research is distinctive in merging Maqāṣid al-sharī’ah  with Indonesian law, presenting a fresh perspective on improving legal protection for victims in unregistered marriages. By aligning Islamic principles with modern legal practices, the study offers a framework to better support and protect victims. The study's implications suggest that integrating Maqāṣid al-sharī’ah  into legal reforms could strengthen protections and foster a more inclusive legal system.
The Maccera Manurung Tradition in the Labuku Village Community: A Perspective of Maslahah Hidayat, Rian; Mustafa, Zulhas'ari; Ahmad, La Ode Ismail
Al Ahkam Vol. 20 No. 2 (2024): Juli-Desember 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i2.11072

Abstract

This study examines how the Maccera Manurung tradition in Labuku Village combines cultural practices with Islamic principles, focusing on its values. The primary goal of this study is to uncover and analyze the spiritual, social, and cultural values, specifically examining the impact on social cohesion and community structure. This study uses field research with descriptive qualitative models, considering normative, historical, phenomenological, and sociological perspectives. The findings reveal that Maccera Manurung functions as a mechanism to achieve social and spiritual well-being for the community by integrating Islamic values with local culture. This tradition maintains a balance between worldly and spiritual needs through rituals such as animal sacrifices following Islamic guidelines, visiting graves, and engaging in prayers. The people of Labuku preserve their cultural identity by participating in annual rituals, maintaining traditional customs, and upholding ancestral practices, which strengthen social solidarity and reinforce spiritual and moral values. Maccera Manurung emphasizes simplicity, self-control, and responsibility, serving as a means to draw closer to Allah and enhance the spiritual character of the community
Tracing the Sociological Roots of Terrorism in Indonesia: The Role of Family Dysfunction in the Perspective of Islamic Family Law Herniwati, Herniwati; Kurniati, Kurniati; Mustafa, Zulhas'ari
Journal of Nafaqah Vol. 2 No. 1 (2025): JON-JUNE
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/msxbe924

Abstract

The phenomenon of family involvement in acts of terrorism in Indonesia indicates a shift in the pattern of radicalization from the public sphere to the private sphere. This research aims to trace the sociological roots of terrorism by emphasizing the role of family dysfunction and reviewing the relevance of Islamic family law principles in preventing the radicalization process early on. The method used is qualitative with a case study approach, through document analysis, literature study, and in-depth interviews with relevant resource persons, such as former terrorists, sociology experts, and Islamic law experts. The results show that most terrorists come from dysfunctional families, characterized by a lack of communication, neglectful or harsh parenting, and the absence of moderate spiritual role models. The radicalization process takes place within the home, through closed recitations, digital extreme content, and internal indoctrination. These findings indicate the non-implementation of maqashid sharia principles in family life, such as the protection of the soul, mind and offspring. Therefore, the de-radicalization approach must be multidisciplinary by integrating the perspectives of sociology, Islamic law and family education. Islamic family law not only functions as a legal-formal norm, but also as an ethical and practical guideline in building family resilience as the first bulwark against violent ideologies.
Co-Authors Abbas, Rahmawati Aditya Mahendra Akmal, Andi Muhammad Asrudi Asti, Mulham Jaki HERNIWATI HERNIWATI, HERNIWATI Jamil Kurniati Kurniati La Ode Ismail Ahmad, La Ode Ismail Mundzir, Chaerul Ramadhani, Herlina Rian Hidayat