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All Journal Unes Law Review Al-Adalah: Jurnal Hukum dan Politik Islam GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Madani: Multidisciplinary Scientific Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Qadir Gassing, Qadir
Alauddin State Islamic University, Makassar, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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PROBLEMATIKA FATWA MUI SEBAGAI PRODUK HUKUM ISLAM Umar B; Gassing, Qadir; Kurniati
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 10 No. 4 (2024): 2024 Juni
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v10i4.243

Abstract

The Qur'an and hadith are the main sources of Islamic teachings. Both contain rules that serve as guidelines for thinking and behavior for Muslims. The rules contained in these two basic principles or sources are then popularly referred to as Islamic law. The ulama studied and explained it through their ijtihad, thus giving birth to formulations relating to legal issues called fiqh. The main problems of this research are 1) What is the Essence of Ulama Fatwa 2) How is the Ulama Fatwa Ijtihad Method 3) How is the Ulama Fatwa Enforced. This research is a type of library research, namely research whose object of study uses library data in the form of books as a data source. This research was carried out by reading, reviewing and analyzing various existing literature, in the form of the Qur'an, hadith, books , as well as research results. The results of this research are that a fatwa is a mufti's response or answer to requesting a fatwa or problems occurring in society related to legal issues. As for the approach usually used by a mufti in issuing or establishing a fatwa including: Nash qat'i approach, qauli approach, and approach Manhaji. However, if people in Indonesia do not obey the fatwa, there are no sanctions imposed on him because of a fatwa is not of the same status as the law.
Urgensi Pluralisme dalam Tatanan Hukum Islam di Indonesia Ikram, Muhammad Furqanul; Gassing, Qadir; K, Kurniati
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 1 (2024): Agustus
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13226183

Abstract

Diversity is a sunnatullah that every community must contemplate and believe in. Awareness of religious communities is the key to continuity in practicing their respective religions. Every religion has a substance of truth, in preennial philosophy a concept in philosophical discourse that discusses the nature of God as an absolute being is the source of all sources of existence. Pluralism is a condition of a pluralistic society (related to social and political systems) or a cultural condition of various different cultures in a society, or a situation where large groups and small groups can maintain their identity in society without having to oppose the dominant culture. This research is qualitative in nature so the method used is a qualitative method, where the focus of the research is centered on in-depth observation. In this research, data collection was carried out using the library study method, namely searching authentic written sources. Furthermore, the data that was successfully collected was analyzed to be able to understand and reach conclusions in this research.
Perbankan Konvensional Versus Perbankan Syariah Dalam Realitas Sosiologis Muhajir, Ahmad; R, Abdurrahman; Gassing, Qadir
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12570778

Abstract

Islamic banking, as part of the Islamic financial structure, plays a role in economic development. However, many still consider the Islamic banking system to be similar to the conventional banking system. This perception is based on the additional elements of loans for Islamic banks and deposits for customers of Islamic banks. Upon deeper examination, this view is incorrect because although there are similarities between Islamic and conventional banking, they have fundamental differences. Islamic banking activities are based on Sharia principles. Services in payment transactions between banks and other parties for deposit placement or business financing, among other activities, are based on principles such as mudarabah, musyarakah, murabahah, and ijarah. In contrast, conventional banking provides services in payment transactions with the principle of interest rate determination as the price, for both savings products and loans (credit) given based on a certain interest rate. For other bank services, banks apply fee-based costs.
Effectiveness of SEMA No. 2 of 2023 Regarding Interfaith Marriage in Indonesia Razak, Abd. Rahman; Gassing, Qadir; K, Kurniati
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 1 (2024): Madani, Vol. 2, No. 1 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10567479

Abstract

This article discusses the condition of interfaith marriages in Indonesia after the emergence of SEMA No. 2 of 2023. Before the emergence of SEMA, interfaith marriage was something that was often debated by academics because there were no regulations that clearly regulated legal interfaith marriage. The emergence of SEMA is considered to provide legal certainty to support the implementation of Law no. 1 of 1974 so that marriage is based on the provisions of each religion. The SEMA is considered effective in closing the way for interfaith marriages, but its reach is limited to the judicial environment, while the reality in society is still happening even after the SEMA was established. This is because there is still a gap, namely through registration at the Disdukcapil Office. So it is considered necessary to harmonize norms in a number of laws and regulations such as the Marriage Law and the Administering Law. This research uses library research methods. Research data was obtained through literature study, namely reading and analyzing documents relevant to this research.
Tantangan Teknologi Informasi Perspektif Hukum Islam R, Riska; Nurhadi, Ativa; Gassing, Qadir
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 6 (2024): Madani, Vol 2, No. 6 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11623693

Abstract

In this research, the researcher is interested in examining the challenges, impacts and perspectives of Islamic law on information technology challenges. The author uses a normative legal research methodology and a sharia approach. The author concludes that there are many challenges in information technology with the emergence of content that is wrong or not in accordance with Islamic teachings. Content like this can confuse Muslims and can even spread wrong understanding about the Islamic religion. The impact of this technological development is quite diverse, one side of life becomes easier, but on the other side it is harmed. There are many aspects that must be considered due to the impact of the use of information technology, especially on the morality and morals of the younger generation of Muslims. Muslims are expected to have a foundation, namely the teachings of Islam itself. At the same time, to face challenges, foundation, motivation, inspiration and faith are also needed. Here it is necessary to strengthen and strengthen the foundations of life in order to be able to face threats and avoid the detrimental aspects of the great battle of information technology. Therefore, it is necessary to pay attention and raise awareness again about the purpose of life according to Islam and to be responsible for actions in this world and their consequences in the afterlife.
Kontroversi Hisab dan Rukyat Dalam Penentuan Kalender Islam di Era Modern Pendekatan Fikih Kontemporer Herman, Muhammad Akbar; Gassing, Qadir; Shuhufi, Muhammad
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14253182

Abstract

The purpose of this research is to identify the advantages and disadvantages of both Hisab and Rukyat and the concept of a meeting point between Hisab and Rukyat in Indonesia. The results of this study show: 1) The advantage of the Hisab method is its ability to accurately determine the position of the moon without being affected by weather conditions such as clouds or fog. With Hisab, the time of conjunction and the position of the moon above the horizon can be determined. Meanwhile, Rukyat aligns with the teachings in the Qur'an and Hadith, where Prophet Muhammad (peace be upon him) instructed to observe the hilal as a sign of the new month. The disadvantage of the Hisab method is that it relies solely on mathematical calculations without considering whether the hilal is actually visible in the sky, which can be a source of controversy. Rukyat, on the other hand, heavily depends on weather conditions such as fog, rain, and dust, which can hinder the observation of the hilal, reduce its brightness, and obscure its image; 2) Both PBNU and PP Muhammadiyah demonstrate that scientific ijtihad and adaptation to advancements in knowledge are important. Collaboration and dialogue between the two methods, both Hisab and Rukyat, can help reach a better consensus in determining significant times in Islam while still respecting tradition and the principles of Sharia, the presence of the government as a unifying institution in determining the beginning of the Hijri month is crucial to maintaining unity among the Muslim community, implementing the principle of maslahah (public interest), and fostering legal compliance and social order.
Tantangan Teknologi Informasi Perspektif Hukum Islam Herman, Muhammad Akbar; Gassing, Qadir; Rahman R, Abdul
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 1 (2025): February
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The objective of this research is to understand the impact of information technology on human life, the challenges faced by Islamic sciences in response to technological advancements, and the use of information technology from the perspective of Islamic law. The findings of the research indicate: 1) The positive impact of information and communication technology is the ease of conducting buying and selling activities through e-commerce or online trading thanks to the internet. One example of the negative impact of information and communication technology is the increasing difficulty in protecting children from harmful content on the internet; 2) The factors that challenge Islamic sciences in the midst of modern scientific developments include the ambivalence of technology, the fact that many Muslims still emphasize textual studies over the study of sociocultural realities, and the lack of a clear paradigm regarding the position of normative values, the existence, and the scientific structure of Islam; 3) Islam does not recognize the division of human life into separate fields, so the development of information technology is also an integral part of a Muslim’s holistic life, which must be oriented toward the paradigm of tawhid (monotheism). Mastery of information technology and its optimal use are important for every Muslim as a means to draw closer to the Creator. Therefore, the application of technology should align with Islamic teachings and values and be dedicated to upholding human values..
Transformation of Islamic Law in Responding to the Challenges of Plurality in the Digital Era Rahmadani, Rini; Kurniati, Kurniati; Gassing, Qadir
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.9073

Abstract

This study examines the transformation of Islamic law in addressing the challenges of religious and ideological plurality in the digital era. Drawing on a qualitative, descriptive-analytical approach, the research explores how Islamic legal norms adapt to the complexities of online religious discourse, the decentralization of authority, and the rise of interpretive subjectivities. Using the framework of maqāṣid al-sharī‘ah, wasatiyyah (moderation), and Islamic multiculturalism, the study highlights the dynamic role of Islamic law as both a normative system and a socio-ethical mechanism. Findings indicate that Islamic law, when recontextualized through digital realities and pluralistic values, remains responsive to contemporary issues such as freedom of expression, extremism, and identity diversity. However, the fluidity of online interpretations and the erosion of traditional legal authority pose challenges to legal stability and epistemological coherence. The study concludes that a renewed interdisciplinary approach - integrating Islamic legal theory, digital sociology, and pluralism studies - is essential to ensure the continued relevance of Islamic law in shaping justice and coexistence in a globally connected society.
Manfaat dan Mafsadat Teknologi Modern Persfektif Maslahah Zainuddin; Gassing, Qadir; Kurniati
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article discusses the benefits and benefits of modern technology from a maslahah perspective which aims to provide an explanation regarding the benefits of modern technology on the development of Islamic law, and how it has a negative influence on the development of Islamic law. This article is a literature review sourced from several relevant references to the topic discussed. Data collection techniques come from researching relevant reference sources in the form of journals, articles, websites, books and other scientific works. Islam has full care and attention for its ummah so that it continues the process of exploring the potential of nature and the environment to become the center of a glorious civilization. In this context, there is no conflict between science and Islam, where both work in balance and harmony to create scientific treasure and human civilization that is better than before. Current technological advances cannot be separated from people's lives. We can now know various information that occurs in various parts of the world directly thanks to technological advances (globalization). Previously, we knew the saying "the world is not as wide as a moringa leaf", now that saying should be changed to today's world as wide as a moringa leaf, because the rapid access to information in various parts of the world makes this world seem narrower because we can see what is happening in America for example, even though we are in Indonesia.
Co-Authors Abd. Rahman Razak Ahmad Muhajir, Ahmad Delima, Andi Alifia Ayu Herman, Muhammad Akbar Ikram, Muhammad Furqanul Jalaluddin, Syatirah K, Kurniati Kurniati Kurniati Kurniati Muhammad Shuhufi, Muhammad Nurhadi, Ativa R, Abdurrahman R, Riska Rahmadani, Rini Rahman R, Abdul Rosdianah Rahim, Rosdianah Safitri, A. Nurul Khaerizza Umar B Zainuddin