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Tinjauan Hukum Islam Terhadap Operasi Selaput Dara Wanita Nur Aflaha Hasan; Rosmita Rosmita
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 | Full PDF (378.436 KB) | DOI: 10.36701/qiblah.v1i1.637

Abstract

This article aims to find out the views of Islamic law on a woman's hymen surgery. The research methodology used is library research which relies on a critical and in-depth study of research materials and results related to the topic of the study problem, using a juridical and sociological approach. The results of the research obtained are that contemporary scholars give different opinions. Some absolutely forbid whatever the reason and some allow it under certain conditions. The differences of opinion of the scholars on the issue of hymen surgery can be concluded as follows: a) If the hymen is only ruptured due to sexual intercourse in marriage or adultery which is known to many people, the scholars agree to forbid it. b) If the rupture of the hymen is due to adultery which is unknown to others, rape or other than sexual intercourse, this is where the scholars differ, some allow it on condition that the operation must be performed by a female doctor.
Zakat Perdagangan bagi Muḥtakir Menurut Perspektif Mazhab Māliki Nurul Istiqamah; Rosmita Rosmita
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 1 (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 | Full PDF (606.645 KB) | DOI: 10.36701/qiblah.v2i1.869

Abstract

This study aims to find out and understand the opinion of the Imam Mālik school regarding trade zakat for muḥtakir. The type of research used is library research, namely research with the object of data review in the form of library texts, which is descriptive qualitative in nature, namely describing data obtained from various sources which are then analyzed to obtain conclusions, using a juridical approach. normative and philosophical. The results of the study are as follows: first, trade zakat is anything that is prepared to be traded which when it reaches the haul and nisab of trade zakat it is obligatory to issue zakat and ihtikar is the hoarding of merchandise so that its circulation in society becomes reduced and then when people need it later get it out at a higher price. Second, the opinion of the Imam Mālik school regarding the timing of issuing trade zakat for the muḥtakir, namely if he has sold his merchandise after one year or after several years, the muḥtakir is obligated to issue his zakat with the calculation for one year. Imam Mālik's opinion is based on kias mursal, namely a kias that is not based on a source of law that has been determined by the shari'a, but is based on the benefit that is in accordance with the shari'a.
Eksistensi Hijab sebagai Upaya Perlindungan terhadap Wanita Muslimah Perspektif Maqāṣid al-Syarī’ah Rosmita Rosmita; Qadriani Arifuddin; Sitti Aminah; Nasaruddin Nasaruddin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 1 (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.v4i1.882

Abstract

This research aims to know and understand the existence of hijab as an effort to protect muslim women from the Maqāṣid al-Syarī'ah Perspective. The method used in this study is library research with a qualitative descriptive type of research, using normative and philosophical approaches. The results of the study found that the hijab has an important role in Islam. Some of the urgency of the hijab, namely the hijab as a form of obedience to Allah swt. and His Messenger, the hijab can reduce various kinds of slander, and more importantly the hijab makes women more respectable and protected. Hijab protects women by covering their nakedness and curves and the beauty they have so that they do not cause slander and do not invite lust or dirty thoughts for those who look at them. The hijab order was revealed by Allah swt. certainly has benefit both in this world and in the hereafter. By wearing the hijab, the religion, soul, intellect, property and lineage of a Muslim woman will be maintained.
Konsep Penetapan Had dan Kafarat dengan Kias (Studi Komparasi Pendapat Imam Syāfiʻī dan Imam Abū Ḥanīfah) Rosmita Rosmita; Rahmayani Lancang; Jeny Rheka; Nasaruddin Nasaruddin
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 9 No 2 (2023): 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.v9i2.1129

Abstract

This research aims to find out the opinions of Imam Syāfi'i and Imam Abū Ḥanīfah regarding the determination of had and kafarat with the problem that the researcher raises in this research, namely; first, what do Imam Syāfiʻī and Imam Abū Ḥanīfah think about determining had and kafarat with kias; and second, what is the comparative analysis of the opinions of Imam Syāfiʻī and Imam Abū Ḥanīfah regarding the determination of had and kafarat with kias. This research includes library research using a normative approach and a comparative approach. The research results show that; Firstly, Imam Syāfiʻī allows the use of kias in determining had and kafarat with the terms of rukun and kias conditions being in the determination of kias. Meanwhile, Imam Abū Ḥanīfah rejects the idea of ​​determining had and kafarat because had was established to prevent people from being afraid of committing immoral acts and kafarat was established to abort sins. The level of punishment is only Allah SWT. who knows, no allusions are allowed. Second, the similarity of opinion between Imam Syāfiʻī and Imam Abū Ḥanīfah is the use of figures of speech as legal istinbat. The difference is that Imam Abū Ḥanīfah does not use kias in matters of had and kafarat except for the crime of takzir, while Imam Syāfiʻī considers it valid to use kias in the aspect of jinayat. After reading and studying several propositions and opinions of Imam Syāfiʻī and Imam Abū Ḥanīfah, the researcher is more inclined to strengthen Imam Syāfiʻī's opinion because some of the arguments which say that the use of kias in determining had and kafarat are not permissible are weak. Meanwhile, Imam Syāfiʻī's opinion which allows kias in the determination of had and kafarat is strengthened by the argument of the words of the Prophet Muhammad. when sending Mu'āż bin Jabal to Yemen.
Sengketa Hak Kepemilikan terhadap Tanah yang Bergeser Pasca Bencana dalam Tinjauan Hukum Islam Rosmita Rosmita; Fitriani Fitriani; Nasaruddin Nasaruddin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 2 (2024): 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.v5i2.1701

Abstract

This research aims to determine the process of resolving disputes over land that has shifted after a natural disaster and the law on ownership rights. This research uses a type of library research. This research is included in the qualitative research category with data collection techniques by conducting a review study of books, literature, notes and reports that are related to the problem. From the results of this research, if a land dispute occurs among the community, the dispute resolution process is carried out with two options, carried out through the courts or carried out outside the courts. Settlement through court takes quite a long time to complete. Settlement carried out outside of court is carried out by making peace between the parties to the dispute. Methods outside of court are much more effective in resolving disputes without leaving wounds in the opponent's heart. Islam shows that dispute resolution should be done outside of court. Ownership rights to land that is shifted after a disaster remain the property of the community. It will not be transferred to the government or other communities because after the disaster the government tries to review the land ownership rights of each affected family and re-measure the land directly in the field. But several natural disasters caused property rights to be returned to the government. One of them is abrasion, the cause of abrasion is causing land to be destroyed due to natural factors for which the State is not held responsible.
Peranan Mahasiswi KKN dalam Gerakan Menutup Aurat (Gemar) di Desa Allaere Kecamatan Tanralili Kabupaten Maros Rosmita Rosmita; Muttazimah Muttazimah
WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat Vol 5 No 1 (2024): 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.v5i1.1509

Abstract

Community service which includes efforts to improve the quality of human resources in religious aspects and as a form of concern in developing society. The methods used in implementing community service through real work lectures are: Observation, Interviews, Preparation of work program workshops (Village Seminars). After the analysis is carried out, a work program is prepared that is appropriate and needed by the community. GEMAR Movement to Cover Private Parts is one of the work programs where this activity is specifically for Muslim women in Allaere village with the aim of activities to build awareness of the entire community about the importance of a Muslim woman covering her private parts. This program has been running well and has shown initial results in accordance with the KKN objectives that have been planned, namely inviting 44 Muslim women as participants and forming 4 intensive study groups.
Keabsahan Pemberian Wasiat Berdasarkan Standarisasi Umur (Studi Komparatif Antara Kompilasi Hukum Islam dan Hukum Islam) St. Nurhalimah Hamka; Rosmita Rosmita
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.v3i1.1323

Abstract

This research was conducted with the aim of understanding the validity of wills based on age standardization from the perspective of the Compilation of Islamic Law and Islamic Law. Including to determine differences in the validity of wills based on age standards from the perspective of the Compilation of Islamic Law and Islamic Law. The type of research used is descriptive qualitative using normative literature and juridical study methods. As for the research results; Firstly, minor children who are not yet mature are allowed to make a will and their will is valid provided that the minor child must be of sound mind. In fact, the will of a small child has no legal basis from the Koran, except for the hadith narrated by Umar bin Khattab ra. that the will of a small child is permissible and is the word of a friend. Second, in the Compilation of Islamic Law it is very clear that a person who will make a will must be at least 21 years old, if the person doing it is not of age, in the Compilation of Islamic Law the will is invalid. Third, there is a difference between the Compilation of Islamic Law and Islamic Law, namely in determining the maturity and legal skills of the will. According to the Compilation of Islamic Law, a person who can make a will is a person who is truly an adult and has the ability to accept perfect laws. From what is seen in society, the age of 19 years is the standard for adulthood and the age of 21 years is the standard for making a will. As for Islamic law, the limits for people who make a will are based on being of age and being of sound mind.
Konsep Perlindungan Istri pada Kekerasan dalam Rumah Tangga (KDRT) Perspektif Hukum Islam Rosmita Rosmita; Dewi Indriani; Harniah Harniah
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.v3i3.1436

Abstract

This research aims to determine the concept of protecting wives from Domestic Violence (KDRT) from an Islamic legal perspective. Also know about the protection of punishment for the wife who was the victim in this incident. The type of research used in writing this thesis is library research. The data analysis technique used is descriptive analytical using a deductive mindset. The research results show; 1) The Islamic concept of overcoming domestic violence is by determining each husband and wife's respective rights and obligations, then Islam provides direction in reminding each couple if they are negligent in their obligations in a virtuous way. In resolving problems, Islam orders to bring in negotiators from the man's family and the woman's family. 2) According to Islamic law, all parties are responsible for resolving domestic violence problems, starting from the husband as head of the household, then negotiators from both families, then also people in government who are responsible, in this case represented by the religious court.
HUKUM ZAKAT PERHIASAN EMAS DALAM PERSPEKTIF ISLAM (STUDI KOMPARASI ANTARA MAZHAB HANAFI DAN MAZHAB SYAFI’I) Rosmita Rosmita; Kasman Bakry; Sri Reski Wahyuni Nur; Maryam Maryam; Yulianti Yusuf
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.
حكم زكاة مال الصبي عند المذاهب الأربعة: The Law of Zakat on the Assets of a Child According to the Views of the Four Schools Rosmita Rosmita; Mukran H. Usman; Riska Riska; Karmila Karmila
البصيرة: مجلة الدراسات الإسلامية Vol. 4 No. 1 (2023): 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.v4i1.879

Abstract

This study aims to determine the law of zakat on the assets of young children according to the four schools of thought and to analyze the opinions of scholars of the four schools regarding the law of zakat on the assets of young children. The research method used is inductive and comparative methods. The results of this study are: first, according to Hanafi, the law of zakat on the assets of young children is not obligatory, while according to the Maliki, Shafi'i and Hambali schools, it is obligatory. Hanafi is of the opinion that zakat is worship that is mahḍah which requires the age of maturity and intelligence, while the Maliki, Shafi'i and Hanbali schools do not require adulthood and have reason in it, because of the generality of the zakat verses and the existing hadiths, so they view that it is obligatory; second, based on the results of the analysis, the researcher believes that zakat on the assets of young children must be paid zakat for several reasons other than the arguments of the Al-Qur'an and Sunnah, including zakat is a property worship, and small children may own these assets, so that the right of the indigent The poor should not be prohibited from receiving zakat assets.