Busyro, Busyro
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Eksistensi ‘Illat dalam Mengukuhkan Teks Hadis-hadis Ru’yat al-Hilāl dan Fungsinya dalam Pengembangan Hukum Islam Busyro, Busyro
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Shariah and Law, State Islamic University (UIN) Walisongo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.715 KB) | DOI: 10.21580/ahkam.2018.18.2.2352

Abstract

Ḥisāb and ru’yat always be warm conversations when there is an early determination of Ramadhan and Shawwal. At that time, there are always two camps of scholars in reacting, the scholars who hold on to ḥisāb (calculating the calendar) on one side, and on the other hand hold to ru’yat al-hilāl (seeing the moon directly). This in turn often leads to time differences in setting the beginning of the month among Muslims. With the aim to unite the people in starting their worship, some scholars try to understand the texts of these traditions about ru’yat al-hilāl by trying to find the 'illat (reason) of the laws of hadiths about ru’yat al-hilāl. Their study of the 'illat law resulted in the conclusion that the ru’yat al-hilāl is only a suitable means for the people that time and may not suitable for Muslims in this modern era. Therefore Muslims must use other wasīlah (means) which further guarantee the realization of the purpose of law, namely modern astro­nomy. The conclusion of the law from the side of the discovery of ‘illat seems to be less suited to the purpose of ta'līl al-aḥkām, is to establish textual texts in addition to discovering the forms of development of the texts.
FATWA LAJNAH BAHTSUL MASAIL (LBM) NAHDHATUL ULAMA TENTANG KEDUDUKAN PRESIDEN RI SEBAGAI WALIYUL AMRI DHARURI BISY SYAUKAH Busyro, Busyro
Alhurriyah Vol 12, No 2 (2011): Juli - Desember 2011
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.201 KB) | DOI: 10.30983/alhurriyah.v12i2.574

Abstract

A fatwa is often influenced by social and political conditions that occur when the fatwa was born. It is possible also occurred in 1954 when Lajnah Bahtsul Masail Nahdhatul Ulama (NU-LBM) decided that the President of the Republic of Indonesia, Ir. Sukarno was waliyul amri dharury bisy syaukah. Although LBMNU fatwa based on fiqh, especially the fiqh Syafi’iyah. Someone says that the fatwa is influenced by maintaining position in Departemen Agama Religion Department) as managing board. Regardless that opinion, actually, NU maintains his power on Departemen Agama until 1971. This paper will simply want to research this fatwa and connecting it with the social realities when the fatwa is issued.
METODOLOGI PEMIKIRAN HUKUM SyI’AH IMAMIyAH DAN PENERAPANNyA DALAM FIQH (kajian Terhadap Kitab al-Mabsuth Fi Fiqh Imamiyah karya al-Thusi) Busyro, Busyro
Alhurriyah Vol 13, No 1 (2012): Januari - Juni 2012
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (659.389 KB) | DOI: 10.30983/alhurriyah.v13i1.581

Abstract

Syiah Imamiyah school of the thought and it`s relation with Islamic law has given birth to some conclusion about law which are often different from the conclusion about law expressed by shool of thought of the Jumhur. These differences are caused by the different method each school of thought is using. Al­Thusi is one of the leading actor of mujtahid Syi’ah Imamiyah who was very famous and his ideas has been referred to by most af the Syi’ah. His thought in fiqh mostly followed the method of istinbath law which is agreed upon all the Syi’ah. Al­Thusi`s concept of understanding of the verses in Quran, the different terminology of Sunnah and Ijma’, Qiyas and Qaul al­Shahaby that he refused and some Istishab that he commonly used draw a conclusion about law which is different from the Jumhur. The balance between the ijtihad method in his shool of thought and the idea about fiqh that he expressed are generally found in the research about his monumental work, kitab al­Mabsuth Fi Fiqh Imamiyah.
ABDULLAH AHMAD AN-NA’IM DAN KONSEP PEMIKIRAN HUKUM LIBERALISNYA Busyro, Busyro
Alhurriyah Vol 15, No 2 (2014): Juli - Desember 2014
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (521.098 KB) | DOI: 10.30983/alhurriyah.v15i2.616

Abstract

Abdullah Ahmad An-Na’im wants to understand Islam according to historical context at the time Islam all that rules were coming. The rule of Syaria, in every steps and in every period to ulama had proved that syaria was a kind of historical product which only compatible to the era, but there is no guarantee will be compatible for the modern era. Therefore, the way to understand syaria in this modern era is doing hermeunetic study, and it has proved that the An-Na’im theory has changed the understanding of the pioneer`s ulama and even rejecting all the rules which had been qath’i by the ulama before. Beside that, Abdullah is the one of the international fighter in humanism`s rights. He is really assure that for this time syaria should be understand in international rights`s context. It is exist to create the equality and the widely acceptance in international world to existence of Islam with its syaria.
RIBA DALAM AL-QUR’AN DAN SUNNAH (Kajian Tematik Ayat-ayat dan Hadis Ahkam) Busyro, Busyro
Alhurriyah Vol 10, No 1 (2009): Januari - Juni 2009
Publisher : IAIN Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1235.416 KB) | DOI: 10.30983/alhurriyah.v10i1.372

Abstract

A discussion of an interest often brings some contradicted arguments among scholars of Islam. This problem caused by the different comprehension methodology used to comprehend some Koran verses and related hadis itself. We could see the difference when the related verses with interest comprehended separately. As a consequence, there is a contradiction between one verse and others. Thus, we need a solution to solve the problem. For instance, a verse informs about the characteristics of interest; multiplied, on the other side, a scholar allows an interest if the interest is free from the multiplied characteristic. If a scholar stated that multiplied interest is forbidden, then he is not allowed to give many arguments about the problem. This aims to convince the truth of his arguments. In contrast, if the problem considered thematically by using a principle approach of tadarruj (deciding a law continuously), so that the problem related with an interest could be solve. Finally, this study concludes if the verses related with an interest would be not contradicting each other.
Pemikiran Hukum dan Fatwa Abdullah ibn Mas’ud Busyro, Busyro
Alhurriyah Vol 10, No 2 (2009): Juli - Desember 2009
Publisher : IAIN Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.073 KB) | DOI: 10.30983/alhurriyah.v10i2.380

Abstract

As one of Prophet Muhammad companion who often together with him, Ibn Mas?ud was believed to be a hakim (judge) and mufti (adviser on religious law for a region) in the era of Umar bin Khatab leadership. In some cases, his method in some ideas much influenced by the tradition and scientific given by Umar bin Khatab at that time. Related with his role as a hakim and mufti, he has produced a lot of decisional law and guidance (fatwa) that sometimes it was very difficult to be decided even it was very different with the prophet statements (hadis). He has forceful basic ideas which are regarded as a good respond related with social problem occurred in the period. From some examples of his guidance related to the social problem, it showed that there was a relationship between his guidance and the condition among the society at that time. Finally, we could see that the last decision of his guidance was aimed to realize the purpose of deciding the Islamic law itself; realizing the goodness or benefits for the society and rejecting such kind of things that could appear any depravation.
Kepemimpinan Perempuan: Penerapan Metode Tafsir Hermeneutika Feminisme Amina Wadud Arsal Arsal; Busyro Busyro; Maizul Imran
AL QUDS : Jurnal Studi Alquran dan Hadis Vol 4, No 2 (2020)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (576.477 KB) | DOI: 10.29240/alquds.v4i2.1976

Abstract

Women's Leadership: The Application of the Feminist Hermeneutic Interpretation Method of Amina WadudRevealing and also criticizing Amina Wadud's interpretation of feminist hermeneutics in the context of women's leadership in the public field of modern era is the aim of this article. To understanding God's messages contained in His words is certainly not easy and requires a special method that is popularly referred to as takwil and tafsir. On the other hand, the dynamics of human culture development are constantly evolving and almost unstoppable which will indirectly also affect the interpretation of the Qur'an. Many various methods of interpretation were introduced by scholars to explore their contents from classical methods to modern methods. Among the emerging modern methods is the hermeneutics feminism which was pioneered by Amina Wadud. According to him the classical interpretation model is no longer relevant to the modern context, especially in terms of addressing gender. Nearly the results of the classical interpretation are gender deviations and take side to male. Therefore, the interpretation of the Qur'an is expectedly just, and then the interpretation model should be adjusted to the modern context rather than looking at the past, especially with regard to the position of women. This paper will highlight this event using a socio-historical approach and content analysis. In addition, references related to the patterns of Islam integrity and culture will be used with a comparative pattern. The conclusion of this research is that Wadud based his interpretation method on the language, justice, and equality aspects. According to him,a woman can be a leader both in the domestic and public today. Wadud set his opinion based on the textual meaning consideration of the verse without considering the hadith explanation
Bom bunuh diri dalam fatwa kontemporer Yusuf al-Qaradawi dan relevansinya dengan maqasid al-Shari’ah Busyro Busyro
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 16, No 1 (2016)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v16i1.85-103

Abstract

All contemporary fatwas Yusuf al-Qaradawi in his book Min Hadyi al-Islam Fatawa Mu’ashirah was believed by the writer it made succeed maqasid al-shari’ah. When we see the fatwa in the book, some of fatwa indicate contradiction with maqasid al-shari’ah  which is agreed by most of islamic scholars, such as his fatwa about suicide bombing according to this problem, the axamination will ask after; how is law of thinking al-Qaradawi with suicide bombing? And how to aplicate the theory of maqasid al-shari’ah in  al-Qaradawi’s fatwa in suicide bombing? To answer the question, this examination tried to trial to the fatwa al-Qaradawi about it in the book by seeing the connected with theory of maqasid al-shari’ah  which is agreed by most of islamic scholars. For that the theory about maqasid al-shari’ah will be tested comprehensively, particulary to save al-daruriyat al-khams (five of human fundamental needs). The data has been collected and will be analysed qualitatively. The result of this examination made succeed the answer that al-Qaradawi pleases the action of suicide bombing specially for the fighters of Palestine to make fear and terrorist to Israel; and his fatwa opposite with maqasid al-shari’ah which believed the legitimate by most of islamic scholars.
Eksistensi ‘Illat dalam Mengukuhkan Teks Hadis-hadis Ru’yat al-Hilāl dan Fungsinya dalam Pengembangan Hukum Islam Busyro Busyro
Al-Ahkam Volume 28, Nomor 2, Oktober 2018
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (293.715 KB) | DOI: 10.21580/ahkam.2018.18.2.2352

Abstract

Ḥisāb and ru’yat always be warm conversations when there is an early determination of Ramadhan and Shawwal. At that time, there are always two camps of scholars in reacting, the scholars who hold on to ḥisāb (calculating the calendar) on one side, and on the other hand hold to ru’yat al-hilāl (seeing the moon directly). This in turn often leads to time differences in setting the beginning of the month among Muslims. With the aim to unite the people in starting their worship, some scholars try to understand the texts of these traditions about ru’yat al-hilāl by trying to find the 'illat (reason) of the laws of hadiths about ru’yat al-hilāl. Their study of the 'illat law resulted in the conclusion that the ru’yat al-hilāl is only a suitable means for the people that time and may not suitable for Muslims in this modern era. Therefore Muslims must use other wasīlah (means) which further guarantee the realization of the purpose of law, namely modern astro­nomy. The conclusion of the law from the side of the discovery of ‘illat seems to be less suited to the purpose of ta'līl al-aḥkām, is to establish textual texts in addition to discovering the forms of development of the texts.
HUKUM MEMANFAATKAN HARTA HASIL MAKSIAT BERDASARKAN KAJIAN FIQH MAQȂSHID YÛSUF AL-QARADHȂWI Busyro Busyro
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 13 No. 2 (2018)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v13i2.1670

Abstract

AbstrakHarta merupakan kebutuhan setiap orang yang di dalam Islam mesti didapatkan sesuai dengan aturan-aturan yang benar. Menurut  Yûsuf al-Qaradhâwî apabila seseorang sudah terlanjur mendapatkan harta dengan cara maksiat, maka yang bersangkutan tidak boleh memanfaatkan harta itu untuk dirinya, sebaliknya harta itu boleh dipergunakan untuk kepentingan umum. Pemikiran hukum ini beranjak dari adanya pertentangan antara konsep larangan memanfaatkan harta haram secara dharûriyah dan konsep larangan menyia-nyiakan harta yang juga berada dalam tingkat dharûriyah. Dengan pendekatan fiqh maqâshid al-Qaradhâwî menyimpulkan bahwa pertentangan antara dua dharûriyah yang berhubungan dengan pemanfaatan harta harus diprioritaskan kepada mafsadah yang lebih kecil dan maslahah yang lebih besar. Sehingga dengan demikian harta hasil maksiat tidak boleh dimanfaatkan oleh si pelaku maksiat karena menimbulkan mafsadah yang lebih besar pada dirinya dan tidak ada celah maslahah yang didapatkannya. Sebaliknya harta itu boleh dimanfaatkan untuk kepentingan umum, karena terhindar dari mafsadah dan menghasilkan maslahah. Kata Kunci: Harta, maslahah, mafsadah, dharûriyah, fiqh maqâshid Abstract Wealth is the need of everyone. In Islam, wealth must be obtained in accordance with the right rules. According to Yûsuf al-Qaradhâwî, if a person has already acquired property by means of immoral, then the concerned must not use the property for himself, otherwise the property may be used for public purposes. This legal thinking moved from the contradiction between the concept of prohibition of harnessing haram possessions by dharuriyah and the concept of prohibition of wasting the wealth which also are in the level of dharuriyah. Using fiqh approach maqashid al-Qaradhâwî concluded that the contradiction between two dharuriyah thinks associated with the use of property should be prioritized to smaller mafsadah and bigger maslahah. Thus the treasure of immoral results should not be exploited by the perpetrators of immoral because it leads to a bigger mafsadah on him and no gap maslahah he got. Instead the treasure may be utilized for the public interest, because avoid mafsadah and produce maslahah. Key word: Wealth, maslahah, mafsadah, dharuriyah, fiqh maqashid