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REFORMASI PEMIKIRAN HUKUM ISLAM Sulaeman, Budiman
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 2 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Muslim community is very much dependant upon classic fiqh books, so that they are fiqh-minded. They assume that the product of fiqh in classic books is identical with Divine law. It is this phenomenon of sacralization that that makes Islamic law stagnant in Muslim counties.This problem must be overcome by inserting the understanding that Islamic law in its normative level should be present as a solution to actual social problems. In this regard, the methodology of classic Islamic legal theory (ushÃ»l fiqh) and fiqh should be considered as a historical response towards their contemporary situations.

ASAS-ASAS HUKUM KELUARGA DALAM KOMPILASI HUKUM ISLAM (Membedah Pasal-pasal KHI) Sulaeman, Budiman
DIKTUM: Jurnal Syariah dan Hukum Vol 9 No 2 (2011): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

This article describes the problem attempts to dissect the articles in the Compilation of Islamic Law (KHI) in order to identify the principles of family law contained therein. From the identification results, it found the principles of family law, namely the principle of freedom, protection and preventive principles, the principle of monogamy, the principle of responsibility and justice, principles ijbari, bilateral principle, the principle of impartial justice, and the principle of legal certainty. Therefore, it can be affirmed that KHI had to cover the principles of family law. Except that, found some irregularities, inconsistencies and overlap, among others: (1) Lots of articles KHI is a duplication of the Law no. 1 of 1974, which should not speak in procedural areas, but focus on the substance, (2) In the use of the term, several articles in the KHI is less clear, or overlap and seem inconsistent in the use of words or phrases, such as words and qabla mitsaaqan ghaliizhan al-dukhuul, guardian of marriage, and marriage witnesses, (3) remove the authority of the guardian turns KHI mujbir to marry a woman without that persons consent, (4) KHI allow consent granted to a given power law.

PERLINDUNGAN ANAK DI LUAR NIKAH DALAM HUKUM NEGARA DAN HUKUM ISLAM (Perspektif Hakim Pengadilan Agama Parepare) Fikri, Fikri; Sulaeman, Budiman; Bahri, Andi
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Jurusan Syariah dan Ekonomi Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.67 KB)

One of the purpose of protection and maintanance maqasid al-shariah realize lineage (descent), protection lineage based maqasid al-shariah, Allah as the legislator has prescribed any marriage law, a law that can be able to organize ang arrange an orderly nasab and surely, determination maqasid al-shariah in a marriage that is not accounted for by consideration of the principles of benefit for the registrate to uphold justice and the rule of law; the marriage is not registrated that it is too possible to registrated without the necessary repeated marriage, so that the benefits of the more dynamic registration of marriage any one be discriminated againts, so can be easily children and wife get the protection of civil rights. Marriage if it is possible to registrate, but not registrated is actually obscure the values of justice and maslahat in maqasid al-shariah. Saveral regulatory laws that exist in the Republic of Indonesia, is no exception of UU RI No. 1 Tahun 1974 concerning marriage can be applied elasticly, reflecsibly and dynamicly, rather than the reserve applied in staticly, rigidly and descructively that people are not discriminated againts in realizing values of protection, justice and rule of law; children born in marriage unattended or not registrated not seen let alone considered child out of marriage, not in the block to get its civil rights, but the goverment as a law enforcement and legislatory enforcement make registrated that marriage is not registrated.

REFORMASI PEMIKIRAN HUKUM ISLAM Sulaeman, Budiman
DIKTUM: Jurnal Syariah dan Hukum Vol 11 No 2 (2013): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Muslim community is very much dependant upon classic fiqh books, so that they are fiqh-minded. They assume that the product of fiqh in classic books is identical with Divine law. It is this phenomenon of sacralization that that makes Islamic law stagnant in Muslim counties.This problem must be overcome by inserting the understanding that Islamic law in its normative level should be present as a solution to actual social problems. In this regard, the methodology of classic Islamic legal theory (ushÃ»l fiqh) and fiqh should be considered as a historical response towards their contemporary situations.

PERLINDUNGAN ANAK DI LUAR NIKAH DALAM HUKUM NEGARA DAN HUKUM ISLAM (Perspektif Hakim Pengadilan Agama Parepare) Fikri, Fikri; Sulaeman, Budiman; Bahri, Andi
DIKTUM: Jurnal Syariah dan Hukum Vol 12 No 1 (2014): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

One of the purpose of protection and maintanance maqasid al-shariah realize lineage (descent), protection lineage based maqasid al-shariah, Allah as the legislator has prescribed any marriage law, a law that can be able to organize ang arrange an orderly nasab and surely, determination maqasid al-shariah in a marriage that is not accounted for by consideration of the principles of benefit for the registrate to uphold justice and the rule of law; the marriage is not registrated that it is too possible to registrated without the necessary repeated marriage, so that the benefits of the more dynamic registration of marriage any one be discriminated againts, so can be easily children and wife get the protection of civil rights. Marriage if it is possible to registrate, but not registrated is actually obscure the values of justice and maslahat in maqasid al-shariah. Saveral regulatory laws that exist in the Republic of Indonesia, is no exception of UU RI No. 1 Tahun 1974 concerning marriage can be applied elasticly, reflecsibly and dynamicly, rather than the reserve applied in staticly, rigidly and descructively that people are not discriminated againts in realizing values of protection, justice and rule of law; children born in marriage unattended or not registrated not seen let alone considered child out of marriage, not in the block to get its civil rights, but the goverment as a law enforcement and legislatory enforcement make registrated that marriage is not registrated.

ASAS-ASAS HUKUM KELUARGA DALAM KOMPILASI HUKUM ISLAM (Membedah Pasal-pasal KHI) Sulaeman, Budiman
DIKTUM: Jurnal Syariah dan Hukum Vol 9 No 2 (2011): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

This article describes the problem attempts to dissect the articles in the Compilation of Islamic Law (KHI) in order to identify the principles of family law contained therein. From the identification results, it found the principles of family law, namely the principle of freedom, protection and preventive principles, the principle of monogamy, the principle of responsibility and justice, principles ijbari, bilateral principle, the principle of impartial justice, and the principle of legal certainty. Therefore, it can be affirmed that KHI had to cover the principles of family law. Except that, found some irregularities, inconsistencies and overlap, among others: (1) Lots of articles KHI is a duplication of the Law no. 1 of 1974, which should not speak in procedural areas, but focus on the substance, (2) In the use of the term, several articles in the KHI is less clear, or overlap and seem inconsistent in the use of words or phrases, such as words and qabla mitsaaqan ghaliizhan al-dukhuul, guardian of marriage, and marriage witnesses, (3) remove the authority of the guardian turns KHI mujbir to marry a woman without that person's consent, (4) KHI allow consent granted to a given power law.

Harmonizing Tradition and Sharia: Istishab in Managing a Deferred Non-Negotiated Fish Transactions in Indonesia Amiruddin, Muhammad Majdy; Sulaeman, Budiman; Ahrar, Muhammad Rifki; Yusuf, Ahmad; Nusair, Abuyamen
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 2, DECEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.51573

This study aimed to analyze the application of Istishab, a tenet of Islamic jurisprudence, to address the issues of non-negotiated fish prices within the Iha community, Central Maluku, Indonesia. The community was characterized by complicated relationships between religious principles and cultural traditions, which frequently led to tension. The analysis addressed a significant issue which included the reconciliation of the centuries-old traditions of the community with the Sharia law to prevent disagreements and ensure the group's economic viability. Using in-depth interviews with stakeholders, detailed market observations, and thorough document analysis, this study investigated the social, financial, and normative dynamics of Istishab through a qualitative case study methodology. The results showed that Istishab stabilized prices, reduced conflicts, and supported the community's economic resilience by mediating between Islamic legal principles and cultural practices. This showed the adaptability of Islamic law in adopting and reinforcing local traditions. Furthermore, the study showed how Istishab served as a bridge between cultural and Sharia disputes. It concluded that Istishab provided a practical solution for maintaining harmony in economic transactions within multicultural communities. The results possessed broader implications for the integration of Islamic legal concepts with local practices to promote communal stability.

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