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All Journal Al-'Adalah Jurnal Ilmiah Al-Syir'ah Al-Jinayah: Jurnal Hukum Pidana Islam Pena Justisia: Media Komunikasi dan Kajian Hukum NUKHBATUL 'ULUM : Jurnal Bidang Kajian Islam BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam WAHATUL MUJTAMA: Jurnal Pengabdian Masyarakat AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab JAWAMIUL KALIM: Jurnal Kajian Hadis DIRASAH: Jurnal Kajian Islam
Kasman Bakry Kasman Bakry
Sekolah Tinggi Ilmu Islam Dan Bahasa Arab (STIBA) Makassar, Indonesia
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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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.
The Implementation Of Islamic Law At The Early Spread Of Islam In Indonesian Archipelago Kasman Bakry; Edi Gunawan
Jurnal Ilmiah Al-Syir'ah Vol 16, No 2 (2018)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (592.668 KB) | DOI: 10.30984/jis.v16i2.685

Abstract

The study on the gradualityprinciple (tadarruj) of Islamic law in the context of Islamic law legislation in Indonesia has broad issues. The process of Islamization in the archipelago has been taking place gradually, since the advent of Islam in the 7th century AD or the first century of the emergence of Islam in Arab. The legislation efforts of Islamic law in the context of the legal system of a country always raises two sides, they are universal and the particular. Universality and particularity of the Islamic laware motivated by two dimensions, ie the dimensions of divinity (ilāhiyyah) and the human dimension (insāniyyah). This paper is a qualitative research that focuses on discussing regarding the implementation of Islamic law at the early spread of Islamin the Indonesianarchipelago, with the historically normative approach. The conclusion is the graduality principle has been applied in the legislative process in the Islamic law in Indonesia,but it has no formal legal basis in the form of laws regulating the formation of a national law, although it has been implemented in the legislation process of Islamic law. Keywords: Islamic law; Graduality; legislation; Indonesian Archipelago
Aktualisasi Kaidah Fikih al-Muslimūna ‘alā Syurūṭihim dalam Transaksi Jual Beli Kasman Bakry; Ihwan Wahid Minu; Akhmad Hanafi Dain Yunta; Hasyim Hasyim
AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam Vol 1 No 1 (2021): AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (623.039 KB) | DOI: 10.36701/al-khiyar.v1i1.447

Abstract

This research aims, namely: first, to describe the concept of the rules of jurispruding al-muslimūna 'alā syurūtihim; Second, describe the actualization of the rules in everyday buying and selling transactions. To reason the study, it is used this type of literature research (library research) with normative approach methods and content analysis whose focal point is on the study of manuscripts and texts related to research problems. The results of the study found that: first, the concept of the rule of jurisprudent al-muslimūna 'alā syurūtihim is easy and concise in its pelafazan and has a wide legal scope and has a basic determination of both the Qur'an and hadith; Second, the rule of jurispruding al-muslimūna 'alā syurūtihim is required in the establishment of the legal conditions in buying and selling transactions. By implication, practitioners of Islamic law can easily decide on several issues in the field of Islamic law.
Mahar Politik pada Pengusungan Kandidat Pemilihan Umum Kepala Daerah di Kabupaten Bolaang Mongondow Selatan dalam Perspektif Hukum Islam Kasman Bakry; Ihwan Wahid Minu; Novia Amalia Safitri
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.671

Abstract

This study aims to determine the perspective of Islamic law on political dowry involving political parties and regional head general election candidates. This study use a type of qualitative research (non-statistical) which focuses on field research (field research) using a normative and phenomenological approach. Data processing and analysis techniques refer to the interactive model concept, which is a concept that clarifies data analysis in behavioral steps, including data reduction, data presentation and drawing conclusions. Political dowry actually happened and is something that is forbidden because it is equivalent to risywah or bribery. The results of this research can be a source of knowledge and material for reflection for those who want to be part of the leadership of a region in a vanity way so that the value of honesty will be given more attention to maintain the stability of democracy.
Pengabdian kepada Masyarakat Berbasis Pondok Pesantren oleh Mahasiswa KKN STIBA Makassar di Kabupaten Jeneponto Ihwan Wahid Minu; Kasman Bakry; Abdullah Nazhim Hamid
WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat Vol 2 No 1 (2021): WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat
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/wahatul.v2i1.344

Abstract

Pondok Pesantren (Boarding Schools) is one of the educational services that are quite influential in the development of Muslim communities in Indonesia, including in the Region of South Sulawesi. One of the Boarding Schools located in Jeneponto Regency, South Sulawesi, is Pondok Pesantren Ulul Albab. Pondok Pesantren Ulul Albab focuses on the construction of memorization and teaching of the Qur'an. In addition, this boarding schools also continues to carry out formal learning in the classroom. therefore, Pondok Pesantren Ulul Albab became one of the destinations 4th KKN STIBA Makassar IV. The purpose of this Field Work Lecture (KKN) STIBA Makassar is to realize community service which is a pillar of the tri dharma of higher education in Indonesia. The method of community service implementation in Pondok Pesantren Ulul Albab begins with mapping the problems and needs of boarding schools by using instruments made simply by SOAR analysis. After that, mapping the work program that suits the needs of boarding schools. The program of activities carried out by students of STIBA Makassar is Qur'an and tahsin education, classroom learning, Friday sermons, lecture training, and devotional work. The results of the KKN program can be seen from enthusiastic students and teachers who are getting better at learning and teaching the Qur'an. It also provides a new learning experience for teachers and students.
Pengujian Hymen Intact bagi Wanita sebagai Salah Satu Alat Bukti Tindak Kriminal Pemerkosaan dalam Perspektif Fikih Jinayah Kasman Bakry; Munawara Munawara; Febrianty Febrianty
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.v1i2.1585

Abstract

This research aims to find out and understand the mechanism for testing intact hymen for women as a means of evidence of criminal acts, and its application to jinayah jurisprudence. This research is qualitative research with a type of library research that focuses on the study of manuscripts and texts, using conceptual, normative juridical and comparative approaches. The results of the research and discussion of this research are: first, intact hymant testing for women was carried out by a medical team experienced in their field. Of course, the testing mechanism is carried out structurally and with great care. The medical team examines the hymen by assessing the shape of the intact hymen and then measuring the diameter of the hymen hole using a cotton swab which is rubbed in a forward, backward, up and down direction and rotating for 20 seconds around the vulva/vagina. Then the cotton swab is rubbed on the slide. Next, spermatozoa were examined in the emergency room laboratory and vaginal swabs were carried out twice to show the results of the examination of the blood membranes. Second, the type of criminal act in jinayah jurisprudence is characterized by an argument stating the consequences or punishment. The punishment for this form of crime is usually called hudud. As for crimes/criminals that are not mentioned in detail in the arguments/nas, the punishment is determined by the competent judge. Third, in essence, intact hyment testing is not permitted unless it is an emergency and there is a benefit in it. What is permissible if the factors behind this aim to uncover cases of criminal acts of rape.
Kedudukan al-Istiṣhāb sebagai Dalil Hukum dan Aktualisasinya dalam Bidang Ibadah Rahmat Rahmat; Kasman Bakry; Sofyan Nur; Afrizal S. Abubakar
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.v3i3.1607

Abstract

This research aims to find out the position of al-Istiṣhāb as a law and its actualization in the field of worship. This research represents a type of library research, specifically a library approach, incorporating historical, normative, juridical, and philosophical perspectives. The study yielded the following results: First, al-Istiṣhāb is a legal proposition whose hujjan is disputed. The majority of ulama view al-Istiṣhāb as absolute proof, both in maintaining existing law (daf'ī) and establishing something that does not yet exist (iṡbāt). Meanwhile, according to muta'akhirin scholars from the Hanafiyah school of thought, al-Istiṣhāb is proof of maintaining something that already exists (daf'ī) and not establishing something that did not exist before. In contrast to the two groups of ulama above, the majority of Hanafi ulama, some of the Shafi'ī school of thought, and ahlu kalam ulama (mutakallimin) are of the opinion that Al-Istiṣhāb is not a hujjah at all. Second, al-Istiṣhāb and its actualization in the field of worship are tied to three important pillars, namely, sure, doubtful, and the existence of a connection between what is believed and what is doubted, which must be fulfilled so that it can be used as a legal reference to determine the legal status of a problem.
Pembunuhan sebagai Upaya Pembelaan Diri dalam Pandangan Hukum Islam dan Hukum Positif Abdullah Sandi; Kasman Bakry; 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.v3i4.1666

Abstract

This study aims to analyze the concept of murder as an effort in self-defense from the perspective of Islamic law and Indonesian positive law, with special emphasis on Article 34 of Law Number 1 of 2023. This research uses normative juridical methods with a comparative approach to explore the similarities and differences in self-defense arrangements between Islamic law and Indonesian positive law. The research results show that although there are differences in perspective and emphasis, both legal systems recognize the importance of the right to self-defense and the principle of proportionality in such actions. A thorough understanding of these two perspectives is essential to ensure fair and balanced law enforcement in Indonesia. The research also found that in the context of Islamic law, self-defense is governed by strict principles that take into account the perpetrator's intentions and spiritual state. According to relevant verses of the Koran and hadith, self-defense in emergency situations is permissible and must be carried out in reasonable limits. The right to self-defense is also recognized by Indonesian positive law, especially Article 34 of Law no. 1 of 2023 and Article 49 of the Criminal Code. To ensure that self-defense actions are carried out proportionally and not excessively, positive law emphasizes objective evidence and concrete circumstances at the time of the incident. This study found that, although these two legal systems share the same recognition of the right to self-defense, they use different approaches and emphases to do so.
METODE PENDIDIKAN AKHLAK PERSPEKTIF HADIS: TELAAH KITAB ADAB ṢAḤĪḤ AL-BUKHĀRĪ Samsuddin, Samsuddin; Kasman Bakry
JAWAMI'UL KALIM: Jurnal Kajian Hadis Vol 1 No 1 (2023): JAWAMI'UL KALIM: Jurnal Kajian Hadis
Publisher : JAWAMI'UL KALIM: Jurnal Kajian Hadis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/jawamiulkalim.v1i1.912

Abstract

This study aims to determine the concepts and methods of moral education in the chapter on adab in the book of Ṣaḥīḥ al-Bukhārī. This research is literature research using a historical sociological approach and data processing is carried out using qualitative methods. The results showed that the study of adab and morals received great attention from the hadith of the Prophet. The methods of moral education used vary based on the concept of human nature which loves goodness. The results of this study are expected to contribute to the field of education, including management and management based on nabawi morals.
HUKUM ZAKAT PERHIASAN EMAS DALAM PERSPEKTIF ISLAM (STUDI KOMPARASI ANTARA MAZHAB HANAFI DAN MAZHAB SYAFI’I) Rosmita, Rosmita; Bakry, Kasman; Wahyuni Nur, Sri Reski; Maryam, Maryam; Yusuf, Yulianti
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol 22 No 1 (2024): (April 2024)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/ar-risalah.v22i1.2072

Abstract

This study aims to determine the law of zakat on gold jewelry according to the Ḥanafī and Syāfi'ī schools as well as the similarities and differences between the two schools. To get answers to the above problems, the type of research used is qualitative research in the form of library research focused on manuscript and text studies. The research results found are; First, according to the Ḥanafī school of thought, gold jewelry is obliged to pay zakat based on general and specific arguments regarding the law of gold zakat. Second, the Syafi'i School views that zakat on gold jewelery is not obligatory to pay. Third, the similarity of the views of the Ḥanafī school and the Syāfi'ī school regarding the law of zakat on gold jewelry is their agreement that it is obligatory to pay zakat on gold jewelry worn by men. The two schools of thought also agree that it is obligatory to pay zakat on gold jewelry that is forbidden to be used by women or men. The difference between the two schools of thought is their difference in looking at the gold jewelry, the Hanafi school views it in terms of the basic material of gold jewelry so that the law is the same as gold which is not used as jewelry that must be paid zakat while the Syāfi'ī school views that gold jewelry has already been paid. is no longer judged as mining goods because it has changed its form so that it is the same as goods used to meet human needs so that zakat is not obligatory to be issued.
Co-Authors Abdul Haris Abbas Abdul Rahim Abdullah Nazhim Hamid Abdullah Nazhim Hamid Abdullah Sandi Aditia M. Yusup Afrizal S. Abubakar Ahmad Arfah Mansyah Akhmad Hanafi Dain Yunta Ambo Asse Andi Nur Afifah Ikrimah Armida Abdurrahman Ashar Asse, Ambo Darussalam Syamsuddin Edi Gunawan Fadlan Akbar Fariyanti, Fariyanti Febrianty Febrianty Hasyim Hasyim Ihwan Wahid Minu Ihwan Wahid Minu Jamaluddin Jamaluddin Jannah, Sa’adal Kamsiah Kamsiah Karimuddin Abdullah Lawang Kasjim Salenda Kasjim Salenda, Kasjim Kurnaemi Anita M. Kasim Maqsurah, Ainil Maryam Maryam Muhammad Nirwan Idris Munawara Munawara Mursyidin Ar-Rahmany Musriwan, Musriwan Novia Amalia Safitri Patuti, Asnawati Rahayu, Solihah Sari Rahmat Rahmat Rosmita Rosmita, Rosmita Roziana Shaari Salman Al Farisi Samsuddin Samsuddin Shaari, Roziana Sirajuddin Sirajuddin Sofyan Nur Syamsuddin, Darussalam Syandri, Syandri Wahyuni Nur, Sri Reski Yasir, Moh. Yusuf, Yulianti