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FATWA DAN AKTUALISASI HUKUM ISLAM DI INDONESIA Suhufi, Muhammad
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 1 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Jurusan Syariah dan Ekonomi Islam STAIN Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (325.751 KB) | DOI: 10.28988/diktum.v8i1.298

Abstract

Religious authority is an extremely wide concept which may become manifest in an infinite variety of ways. It may be embodied in certain notions, in texts, in individual, in groups of persons, and in institutions in the widest sense of the word. For this reason, if a scholar wants to write an article about religious authority, it is essential to make a conceptual breakdown of the idea in order to write meaningfully on the subject. In the present contribution I would like to study the concept of religious authority in Indonesia through the vehicle of the Islamic institution of iftâ, delivering of a fatwa. In its classical form a fatwa consists of two parts: a question addressed to a scholar of Islam about a particular topic which has been addressed to him by one or more believers in order to obtain the scholars opinion about this topic from the perspective of Islamic law. This part of the fatwa is called istiftâ , while the person who raises the issue is called the mustaftî. istiftâ , The second part of the fatwa is the actual answer given by the scholar, called the mufti , “ fatwa -giver”. The language of the fatwa is very formal and formulaic. In the fatwa, the mufti pronounces about issues which are of topical interest to the believer, by sang mufti referring to the standard manuals of jurisprudence. These topics often deal with ritual issues, but in principle may deal with any conceivable topic, including social and political issues or problems arising from the application and use of modern technology. In the course of time, fatwa’s issued by important mufti s have been collected and hese collections can be regarded as manuals of applied legal science. In short, it can be said that fatwa s constitute a meeting, and in many cases a compromise, between the ideals of the Holy Law, as expressed by the ulamâ, and the reality of daily life, as experienced by the believers. For a study of the working of religious authority the fatwa is useful, because the fatwa is an important instrument through which the ulamâ
FATWA DAN AKTUALISASI HUKUM ISLAM DI INDONESIA Suhufi, Muhammad
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 1 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (325.751 KB) | DOI: 10.35905/diktum.v8i1.298

Abstract

Religious authority is an extremely wide concept which may become manifest in an infinite variety of ways. It may be embodied in certain notions, in texts, in individual, in groups of persons, and in institutions in the widest sense of the word. For this reason, if a scholar wants to write an article about religious authority, it is essential to make a conceptual breakdown of the idea in order to write meaningfully on the subject. In the present contribution I would like to study the concept of religious authority in Indonesia through the vehicle of the Islamic institution of iftâ', delivering of a fatwa. In its classical form a fatwa consists of two parts: a question addressed to a scholar of Islam about a particular topic which has been addressed to him by one or more believers in order to obtain the scholar's opinion about this topic from the perspective of Islamic law. This part of the fatwa is called istiftâ' , while the person who raises the issue is called the mustaftî. istiftâ ', The second part of the fatwa is the actual answer given by the scholar, called the mufti , “ fatwa -giver”. The language of the fatwa is very formal and formulaic. In the fatwa, the mufti pronounces about issues which are of topical interest to the believer, by sang mufti referring to the standard manuals of jurisprudence. These topics often deal with ritual issues, but in principle may deal with any conceivable topic, including social and political issues or problems arising from the application and use of modern technology. In the course of time, fatwa’s issued by important mufti s have been collected and hese collections can be regarded as manuals of applied legal science. In short, it can be said that fatwa s constitute a meeting, and in many cases a compromise, between the ideals of the Holy Law, as expressed by the 'ulamâ', and the reality of daily life, as experienced by the believers. For a study of the working of religious authority the fatwa is useful, because the fatwa is an important instrument through which the 'ulamâ'
Perlindungan dan Penetapan Nasab Anak Diluar Nikah: Perspektif Fikih Islam Sukma, Melati; Patimah, Patimah; Suhufi, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.47617

Abstract

This article discusses how to protect children outside of marriage from an Islamic jurisprudence perspective. This type of research is qualitative in nature and is carried out using the Library Research method, namely a method of analyzing, interpreting and classifying data obtained from various suitable sources. The results of this research are that protection for children outside of wedlock is only obtained through their mothers and their mothers' families. Because illegitimate children only have a lineage relationship with their mother, the protection they get from their father does not get protection because they don't have a lineage relationship. As illegitimate and illegitimate children, children born in this context do not receive protection for the right to livelihood, educational guardianship, inheritance and cannot be provided with services in state administration.
Terapi Urine Dalam Kasus Sakit Gigi Perspektif Fikih Nurhadi, Ativa; Amin, Abd Rauf Muhammad; Suhufi, Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 7 (2024): Madani, Vol 2. No. 7, 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12531423

Abstract

The world of medicine is experiencing developments in accordance with the times and human abilities. As living creatures, humans in their daily lives will always encounter various types of illnesses, both mild and serious. Alternative medicine is non-medical treatment where the equipment and materials used are not included in standard medical treatment. The type of research used is library research, which is based on qualitative descriptive data. The focus of this research is on the Fiqh Perspective on Urine Therapy in Toothache Cases. Urine therapy used to treat toothache is said to be effective because the internal treatment is gargling. So it is clear that the use of urine as a therapeutic drug is forbidden internally while externally it is permissible considering that the author has found no evidence that can substantiate its prohibition, but it must be cleaned from the body, especially when performing worship.
Relasi Islam dan Negara dalam Bingkai Keindonesiaan Muhammad, Ali Rasyidi; M, Misbahuddin; Suhufi, Muhammad
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.10479110

Abstract

Islam is not only a religion but also Islam has a political ideology that can be guided in state life, the Prophet Muhammad saw is not only a prophet and messenger sent to deliver the message of the holy message but he is also a leader of the state of Medina who made the Qur’an as a law and the Arabian Peninsula as his territory and the city of Medina as the center of his government,  However, there are also groups from the Islamic community who want to limit the role of the Prophet and consider the Prophet Muhammad saw only a prophet and messenger who delivered a treatise to his people no more than that, in the context of Indonesia the tug-of-war between Islamic nationals and secular nationalists existed before this nation became independent, The tug-of-war continues even after the country has a constitution, the struggle has moved from the realm of the constitution to the realm of its application. This paper tries to examine the relationship between religion and state in the frame of Indonesia, This study aims to describe how the relationship between religion and state in general and Indonesia in particular, The method used in obtaining data is a descriptive method through literature study.
Jual Beli Online Perspektif Hukum Islam B, Umar; M, Misbahuddin; Suhufi, Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 4 (2024): Madani, Vol. 2, No. 4 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12580174

Abstract

The main problems of this research are 1) What is the meaning of online buying and selling? 2) How is online buying and selling implemented? 3) What is the Law on Online Buying and Selling in Islamic Law?. In this research, the author utilizes a qualitative research model, the author's technique for collecting data is by utilizing reading sources from books, journals and websites. Which I then analyzed and put it in written form. E-Commerce is a process of buying and selling products electronically by consumers and from company to company with computers as intermediaries for business transactions. The media that can be used in E-Commerce activities is the world wide web internet. The implementation of online buying and selling is that online sales and purchases are often only based on trust, which means that the perpetrators of online buying and selling are often not clearly known, so that quite a few of these buying and selling models end in fraud. For more details regarding the implementation of online buying and selling, it can be explained in detail as follows: implementation of transactions (contracts) in online buying and selling, payments in online buying and selling, delivery of goods, online buying and selling locations, online buying and selling components. When viewed from its operational system, e-commerce according to contemporary jurisprudence is a tool, media, technical method or facility (wasilah) which according to sharia rules is flexible, dynamic and variable. This includes undisciplined dunya (worldly technical issues) during the corridor of sharia for Muslims to master and utilize developments of the times for common prosperity. According to the rules of fiqh as stated by Wahbah Zuhaili, the basic principles of muamalah transactions and the conditions related to them are permissible as long as they are not prohibited by the sharia or contrary to the propositions.
The Urgency of the Threefold Relationship (With Allah, With Humans, and With Nature) in Environmental Fiqh to Address Contemporary Ecological Challenges Ridha, Achmad Rasyid; M, Misbahuddin; Suhufi, Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 1 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18372185

Abstract

This research discusses Tri Hablum as the key to ecological balance. The method used in is research is the library metdod. Religion and ecology are things that cannot be separated. Likewise with Allah, humans and the universe where all three have a relationship with humans, Islam is a major religion in Indonesia, but when religious people are involved in it, at that time environmental pollution and environmental damage also occur. There is a paradigm shift from anthropocentric to anthropocosmic. This earth has been over-explored, because this earth is considered an object that needs to be explored. Nature was once sacred, but slowly over time it has experienced a desacralization, nature is no longer sacred so it has been over-explored. To overcome this, the role of humans is very urgent in realizing ecological balance.
Rekonstruksi Fiqhu al-Bi’ah untuk Keberlanjutan Energi Terbarukan di Tengah Krisis Energi Global Juhari, Andi Rezal; Suhufi, Muhammad; M, Misbahuddin
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 6 (2026): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18075983

Abstract

The global energy crisis, characterized by high dependence on fossil fuels, has created not only a challenge of availability but also a threat to sustainability. Islam views this issue within the framework of humans as khalīfah fi al-ard, who are entrusted with the responsibility to manage and preserve the earth. This study aims to reconstruct Islamic law, particularly fiqh al-bi’ah, as a normative and ethical foundation for renewable energy development in the face of climate change and resource depletion. Using a normative qualitative method with approaches of ushul fiqh, maqāṣid al-sharī‘ah, and contemporary analysis, the research draws from primary sources such as the Qur’an, Hadith, fatwa, and international energy reports, as well as supporting literature. The findings reveal that the continued use of fossil energy aligns with the concepts of isrāf (wastefulness) and ifsād fi al-ard (corruption on earth), thus contradicting the ethical principles of Islam. Meanwhile, renewable energy represents a manifestation of maslahah (public benefit), ‘adl (justice across generations), and amanah (trust), which are fundamental Islamic values. The study concludes that reconstructing Islamic law through maqāṣid and legal maxims such as lā ḍarara wa lā ḍirār provides a solid theological and ethical basis to support the transition from fossil fuels to renewable energy. This reconstruction can be applied at individual, institutional, and policy levels, ensuring that the transition is not only technically feasible but also aligned with Islamic principles of sustainability.
Kedudukan Nikah Siri,Talak Siri, dan Nikah Online dalam Perspektif Hukum Islam dan Hukum Positif Indonesia N, Nurfadilah; M, Misbahuddin; Suhufi, Muhammad
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18222306

Abstract

This study examines the status of unregistered marriages (nikah siri), unregistered divorces (talak siri), and online marriages from the perspective of Islamic law and Indonesian positive law. These three phenomena emerge as forms of marriage and divorce practices that do not fully comply with state law, although some are considered valid according to Sharia. The study used a qualitative method with a normative-juridical approach through analysis of literature, laws and regulations, and Islamic legal perspectives. The findings indicate that unregistered marriages (nikah siri) and unregistered divorces (talak siri) are valid according to religion, but lack legal force before the state because they are not officially registered. Online marriages have sparked debate regarding the validity of the contract, guardians, and witnesses, thus creating legal uncertainty. The impact of these practices is weak protection of women's and children's rights and the potential for legal disputes. This research is useful for providing a more comprehensive understanding of the importance of registering marriages and divorces to ensure legal certainty and protection in family life in Indonesia.