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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam WAHATUL MUJTAMA: Jurnal Pengabdian Masyarakat AL-BASHIRAH: Journal of Islamic Studies AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Muhammad Taufan Djafri
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Zakat Harta dari Hasil Undian Berhadiah dalam Perspektif Hukum Islam Muhammad Taufan Djafri; Patahuddin , Askar; Aqbar, Khaerul; Syarifuddin, Chaeril
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (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 | DOI: 10.36701/bustanul.v1i3.186

Abstract

This study aims to determine the law and position of the lottery results from prizes, and to know the zakat property laws from lottery results. This study uses a qualitative library method with deductive data analysis. The research results found are as follows; First, the lottery law in Islamic law may be based on the proposition which explains that the Messenger of Allah. had done the lottery, so did the argument that explained that the Prophet Yunus had been thrown from a ship after the draw, and in general there was no argument that explained the forbidden draw. The position of the property from the lottery results is halal. Secondly, the law of issuing zakat assets from the lottery results is mandatory if the assets obtained from the lottery results do not overlap with Islamic law, for example in the category of goods that are not required to pay zakat, such as houses, land, vehicles and remain in accordance with the reckoning of the lottery results. If the gift has reached the Nisab, the zakat must apply in accordance with the provisions of gold and silver and also haul (held for a year), because this asset has become his property as a gift, which when he receives it becomes his property and is intended to be traded, this provision applies to lottery proceeds in the form of gold, silver and cash, while the rest is returned to the intention of the recipient of the prize, if he does not want to sell but only to be used, then the law that applies to the lottery results is not obligatory zakat.
Khiyār al˗Majlis dan Aplikasinya dalam Jual Beli Modern (Studi Komparatif Pandangan Jumhur Ulama dan Imam Malik) Muhammad Taufan Djafri; Patahuddin, Askar; Ridha, Muhammad
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (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 | DOI: 10.36701/bustanul.v1i4.273

Abstract

This article aims to find out the jurisprudence khiyār al˗majlis according to Imam Malik and Jumhur Ulama, and to know the application of khiyār al˗majlis in modern buying and selling. This study uses qualitative methods with library research (library research) with content analysis of the selected data sources. The research results obtained: First, according to the Jumhur Ulama khiyār al˗majlis can be done either in person or online. Second, According to the Maliki School of Khiyār al-Majlis it is not allowed and what can be done is Khiyār. Requirements before transactions such as delivery of goods, as well as Khiyār disgrace when a buyer finds a deficiency / defect in the goods that have been purchased. Third, the application of Khiyār al-Majlis in modern buying and selling or online shop in the form of the right to continue or cancel the sale and purchase between the seller and the buyer, this can be done if one of the two requires a khiyar within a certain time and they are still in one transaction until he / she is receive the goods and this is in accordance with the opinion of the jumhur ulama, whereas according to Imam Malik it is not allowed because this can damage the terms of sale and purchase.
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.
Tinjauan Hukum Islam tentang Adat Istiadat Ma’rate’ dalam Acara Pernikahan (Studi Kasus Kelurahan Pantai Bahari Lambupeo’ Bangkala, Kabupaten Jeneponto) Muhammad Taufan Djafri; Syandri, Syandri; Aswar, Aswar; Zulkarnain Alim Said
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 2 No 2 (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.v2i2.363

Abstract

The purpose of this study was to discover the Ma'rate customary law in marriage according to the perspective of Islamic law. This research uses a qualitative approach with the type of field research (field research) and uses a normative and socioanthropological approach. The results of the study show that Ma'rate customs are never separated from the combination of culture and Islamic law. Ma'rate in the Islamic perspective has three elements of value, namely; 1) Moral values (in Ma'rate custom the host is obliged to honor guests such as providing food); 2) Cultural values (Ma'rate custom is no longer by its implementation as in the beginning, and this change is seen from the equipment that must be provided, where Ma'rate custom is now only an effort to preserve tradition); and 3) The value of worship (in the Ma'rate custom there are activities to pray for the bride and groom and humans in general). If the community can maintain Islamic values and not fall into sin, then Islamic law shows that the Ma'rate custom can be carried out on the condition that it does not conflict with the Qur'an, the sunnah of the prophet, and the rules of ushul fiqh.
Zakat Obligasi dalam Perspektif Hukum Islam Muhammad Taufan Djafri; Hendra Wijaya; Syamsul Rijal
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1156

Abstract

This research aims to determine the status of bonds in Islamic law, understand the Islamic law review of zakat on bonds, and find out how to calculate zakat on bonds in Islam. This research is library research using descriptive analysis techniques. The results of this research show that: (1) The status of bonds in Islam is halal and zakat is mandatory; (2) In reviewing Islamic law, scholars have different opinions regarding the issuance of zakat on bonds, the first opinion states that bonds are not subject to zakat because they contain elements of usury, while the second opinion states that zakat is required for bonds along with the interest. The second opinion is a strong opinion because conventional bonds require zakat to be issued on the nominal value of the bond itself at 2.5%. Meanwhile, the zakat that must be paid on sharia bonds, namely from the bond itself, both the bond and its profits, must pay 2.5% zakat; (3) How to calculate zakat on bonds in Islam, namely bonds at PT Bank Mandiri, zakat is calculated based on their nominal value, namely 1000 bonds times IDR 25,000 equals IDR 25,000,000 then 25,000,000 times the zakat rate (2.5%) the result is the same as IDR 625,000.
Tinjauan Hukum Islam terhadap Rekaman Suara sebagai Alat Bukti Tindak Pidana di Peradilan Muhammad Taufan Djafri; Asri Asri; Ihsan Muhammad
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 3 (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.v3i3.1451

Abstract

This research aims to identify the types of evidence that can be used in proving criminal acts in court according to Islamic law, as well as to analyze the position and validity of audio recordings as evidence of criminal acts in court from the perspective of Islamic law. This is a library research study employing normative and empirical juridical approaches. Data collection was conducted through documentary studies of relevant literature sources, and data analysis employed deductive techniques. The research findings indicate that in Islamic law, the types of evidence that can be used to prove criminal acts are syahādah (testimony), yamīn (oath), iqrār (confession), and qarīnah (sign or indication). The review of Islamic law regarding audio recordings as evidence of criminal acts states that audio recordings can be accepted if they meet the requirements of being accessible, audible, accountable, integrity-guaranteed, and capable of elucidating the circumstances. Audio recordings can be analogized with the qarīnah (indication) evidence in Islamic law. This research contributes to the discipline of Islamic criminal law by examining the use of audio recordings as evidence of criminal acts from the perspective of Islamic law, enriching the repertoire of Islamic criminal law in responding to technological advancements and evolving modes of crime in the modern era.
Tindak Pidana bagi Orang yang Berkebutuhan Khusus (Penyandang Disabilitas) dalam Perspektif Hukum Islam Muhammad Taufan Djafri; Ridwan Ridwan; Mu’adz Hasan
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 1 No 2 (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.v1i2.1584

Abstract

This research aims to find out and understand how punishment according to Islamic law is for people with special needs when committing a crime. This research is a type of qualitative research using library research methods. The legal materials are analyzed using a deductive method, namely a logical approach to determine a conclusion based on an analytical study of writing a Sharia perspective on the context of the problem using a normative juridical approach. The results of this research found that the judge's consideration is one of the most important aspects in determining the realization of the value of a judge's decision which contains justice and contains legal certainty, besides that it also contains benefits for the parties concerned so that the judge's consideration must be addressed carefully, well, and carefully. That the determination of criminal law by people with special needs who do not fulfill the elements previously mentioned means that in Islamic law they are not held responsible for their actions. However, in Islam, people with disabilities are not completely free from punishment. Because other people's property and souls are guaranteed by sharia'. Therefore, criminal perpetrators with disabilities are still held civilly liable. In Islamic law it is called diyat.
Pemerkosaan dalam Perkawinan (Analisis Undang-Undang No. 1 Tahun 2023 pada Pasal 473 KUHP dalam Tinjauan Hukum Islam) Muhammad Taufan Djafri; Abdul Munawir; Muzammil, Muzammil
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 5 (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.v3i5.1750

Abstract

The aim of this research is to examine how Indonesian positive law and Islamic law view and handle cases of marital rape. The research methodology used is descriptive qualitative with a normative, philosophical and comparative approach. Data was collected through literature review from relevant primary and secondary sources. The research results found are as follows: first, Indonesian positive law will provide a maximum sentence of 12 (twelve) years for perpetrators of marital rape, if the victim reports it to the authorities. Second, according to Islamic law, this problem is divided into 2 parts as follows: it is not permissible, this has been agreed upon by the ulama when a husband forces his wife to have intercourse through the anus, during menstruation, fasting (fardhu), pilgrimage, not having paid kafarat, due to illness. severe, old age which can endanger the wife and when the husband has not fulfilled the muajjala dowry. Yes, the ulama have also agreed that a husband may force his wife to have sex if her condition is capable of serving him. Third, this analysis shows that there is harmony in several aspects between Islamic law and Indonesian positive law in dealing with marital rape. However, in several cases, Indonesian positive law is considered inadequate in protecting the rights of husbands accused of coercion against their wives. Meanwhile, from the perspective of Islamic law, a husband has the right to force his wife as long as the wife's condition allows her to serve her husband. It is hoped that the implications of this research will become a reference for creating more comprehensive legal adjustments and harmonization to ensure justice and balanced protection for all parties involved.
Konsep Pemberdayaan Zakat dan Relevansinya terhadap Program Pengentasan Kemiskinan (Studi Pemberdayaan Zakat WIZ Kolaka): The Concept of Zakat Empowerment and Its Relevance to Poverty Alleviation Programs (a Study on Zakat Empowerment by WIZ Kolaka) Muhammad Taufan Djafri; Ihwan Wahid Minu; Ade Syamna Maryam
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 3 No. 2 (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.v3i2.1397

Abstract

Poverty is a social problem that requires serious handling. Zakat is an effective instrument for overcoming poverty from an Islamic perspective. This study aims to analyze the zakat empowerment mechanism of Wahdah Inspirasi Zakat (WIZ) Kolaka City and the effectiveness of its zakat empowerment programs in alleviating poverty. The research method uses a qualitative approach through in-depth interviews with related parties. The results showed that the zakat management mechanism of WIZ Kolaka was quite good, although there were still certain procedures and constraints. WIZ Kolaka's zakat empowerment programs seem significantly helpful in reducing the number of poor people through distributive and productive zakat distribution. Continuous evaluation is needed so that WIZ Kolaka can achieve its goals to the maximum extent. The implication of this research is to provide input for developing policies to alleviate poverty by utilizing zakat.
المصلحة المرسلة (اعتبار حجيتها وارتباطها بكمال الشريعة الإسلامية): Al-Maslaḥah Al-Mursalah (its Authenticity and its Relation to the Perfection of Islamic Law) Muhammad Taufan Djafri; Sayyid Tasdiq; Anugrah
البصيرة: مجلة الدراسات الإسلامية Vol. 5 No. 2 (2024): البصيرة: مجلة الدراسات الإسلامية
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/bashirah.v5i2.1754

Abstract

This research discusses the concept of al-Maslaḥah al-Mursalah and the jurists' views on its authenticity and limitations in its application. It also examines how the concept of al-Maslaḥah al-Mursalah serves as evidence of the perfection of Islamic law. The study aims to explore the concept of al-Maslaḥah al-Mursalah, its authenticity among jurists, its rules of application, and its connection to the completeness of Islamic law. The research is restricted to two main issues: first, the views of jurists on the authenticity of al-Maslaḥah al-Mursalah, and second, the rules governing its application and its relation to the perfection of Islamic law. The researcher adopts inductive, analytical, and historical approaches. The study concludes that jurists differ on the authenticity of al-Maslaḥah al-Mursalah, but in practice, they have applied it to various contemporary issues. Additionally, its application follows established rules by jurists, and it demonstrates the flexibility and validity of Islamic law in all times and places, reflecting the law's perfection.
Co-Authors Abdul Munawir Ade Syamna Maryam Ahmad Syaripudin Anugrah Askar Patahuddin Asri asri Asri Asri Aswar Aswar Hendra Wijaya Ihsan Muhammad Ihsan Muhammad Ihwan Wahid Minu Islahuddin Ramadhan Mubarak Khaerul Aqbar MIFTAHUL JANNAH Muhammad Ridha Muzammil, Muzammil Mu’adz Hasan Mu’adz Hasan Putra Alam Ridwan Ridwan Ridwan, Ridwan Sayyid Tasdiq Syamsul Rijal Syandri, Syandri Syarifuddin, Chaeril Vaizki M. Rusli Zulkarnain Alim Said