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Eksistensi â€˜Illat dalam Mengukuhkan Teks Hadis-hadis Ruâ€™yat al-HilÄl 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

á¸¤isÄb and ruâ€™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 á¸¥isÄb (calculating the calendar) on one side, and on the other hand hold to ruâ€™yat al-hilÄl (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 ruâ€™yat al-hilÄl by trying to find the 'illat (reason) of the laws of hadiths about ruâ€™yat al-hilÄl. Their study of the 'illat law resulted in the conclusion that the ruâ€™yat al-hilÄl 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 wasÄ«lah (means) which further guarantee the realization of the purpose of law, namely modern astroÂnomy. The conclusion of the law from the side of the discovery of â€˜illat seems to be less suited to the purpose of ta'lÄ«l al-aá¸¥kÄm, 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

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 Syafiâ€™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 SyIâ€™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

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. AlÂThusi is one of the leading actor of mujtahid Syiâ€™ah Imamiyah who was very famous and his ideas has been referred to by most af the Syiâ€™ah. His thought in fiqh mostly followed the method of istinbath law which is agreed upon all the Syiâ€™ah. AlÂThusi`s concept of understanding of the verses in Quran, the different terminology of Sunnah and Ijmaâ€™, Qiyas and Qaul alÂShahaby 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 alÂMabsuth Fi Fiqh Imamiyah.

ABDULLAH AHMAD AN-NAâ€™IM DAN KONSEP PEMIKIRAN HUKUM LIBERALISNYA Busyro, Busyro
Alhurriyah Vol 15, No 2 (2014): Juli - Desember 2014
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

Abdullah Ahmad An-Naâ€™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-Naâ€™im theory has changed the understanding of the pioneer`s ulama and even rejecting all the rules which had been qathâ€™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

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.

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

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

AMALIYAH AL-ISTISYHAD (BOM BUNUH DIRI) DALAM TINJAUAN DAKWAH DAN HUKUM ISLAM Busyro Busyro
Alhurriyah Vol 11, No 2 (2010): Juli - Desember 2010
Publisher : Institut Agama Islam Negeri (IAIN) Bukittinggi

The struggle which is effort by our prophet Muhammad SAW and his companions for spreading out the Islamic religion is based on the missionary principle means using good manners. Many of obstacles faced by them as long as their efforts for build Islam for surely. Fortunately, they have been never giving their life up voluntarily to the enemies of Allah. In the history of Badar war, there was no an act of amaliyah al-istisyhad either to look for a win or to try intimidating their enemies. Unfortunately, as we know that in the recent, there is a phenomenon to popularize an act to sacrifice their life voluntarily to bombard their enemies. This act is done by them with the purpose that they will be a syuhada (death with the guarantee of paradise in hereafter) or getting amaliyah al-istisyhad. This act affects to the cynism of western view about Islamic religion, moreover they argue that Islamic religion is spread out by the uncivilized ways. From the study conducted showed that the act of self bomb has no strong of basic principle neither from Al-Qur’an nor As-sunnah. Moreover, this act is regarded as an act which is contradicted to the Islamic principle. However, this acts contributing for giving a negative effect and making part of Islamic religion into the low level of humanity.

Pemberian Sanksi Pidana Terhadap Penolakan Vaksinasi Covid-19 Perspektif Maqashid Asy-Syari’ah Ismail Ismail; Busyro Busyro; Nofiardi Nofiardi; Fajrul Wadi; Hamdani Hamdani
Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Vol 10, No 01 (2022): Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/am.v10i01.2263

Covid-19 telah menghebohkan dunia, virus yang pertama muncul di Wuhan Cina tahun 2019 ini telah meluluhlantakkan tatanan kehidupan, baik itu di bidang ekonomi, bisnis, hukum, politik, keamanan, sosial kemasyarakatan, dan keagamaan ikut terkena imbasnya. Hal ini disebabkan karena virus ini mudah menular dan mematikan. Untuk mengatasi permasalahan ini pemerintah menggerakkan program vaksinasi Covid-19 secara serius antara lain dengan menggratiskan biaya vaksinasi ini. Namun demikian, masih banyak masyarakat yang tidak mau mengikuti program ini, dengan beragam alasan. Sehingga, pemerintah kemudian memberlakukan sanksi pidana bagi penolaknya. Pemberian sanksi ini rupanya melahirkan pro dan kontra pula di tengah-tengah masyarakat tak terkecuali kalangan ahli hukum, ulama, dan penggiat HAM. Tujuan dari penelitian ini adalah untuk mengetahui kelayakan pemberian sanksi pidana terhadap penolakan vaksinasi Covid-19 dan tingkat hukuman pidana yang diberikan menurut perspektif maqashid asy-syarih. Penelitian ini merupakan penelitian normatif analisis yang berbentuk library research. Metode yang digunakan adalah metode analisa isi (content analysis) dengan teknik deskriptif dan komparatif. Hasil penelitian mengungkap bahwa pemberian sanksi pindana terhadap penolakan vaksinasi Covid-19 sesuai dengan maqashid asy-syariah terutama dalam hal pemeliharaan jiwa. Sedangkan tingkat sanksi pidana yang diberikan tergolong kepada pidana ta’zir yang berat ringannya hukuman diteantukan oleh penguasa.

Implementasi Islam Progresif pada Permendikbud Ristek No. 30 Tahun 2021 dalam Kajian Filsafat Hukum Islam Busyro Busyro; Hanif Aidhil Alwana; Arsal Arsal; Shafra Shafra; Gusril Basir
Al-Manahij: Jurnal Kajian Hukum Islam Vol 16 No 1 (2022)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.

Kedudukan Shalat Sunnah Qabliyyah Jumat Dalam Pemikiran Hukum Imâm Al-Nawawî Rizky Muktamirul Khair; Busyro Busyro
AL-ISTINBATH : Jurnal Hukum Islam Vol 3, No 2 December (2018)
Publisher : Al-Istinbath: Jurnal Hukum Islam

The firm stipulation of sunnah qabliyah prayer is not found in the hadith of the Prophet, but among the scholars of the Shafi'yah, such practice is still carried out by likening it to other fardhu prayers. The practice has been studied extensively by Shafi'yah scholars, and one of them is Imâm al-Nawawî. The question asked in this discussion is the rationale of Imâm al-Nawawî in establishing the law of sunnah law for the prayer and when its execution time. According to Imâm al-Nawawî, the argumentis the generality of hadith announcement about sunnah rawatib prayer and the use of qiyas between Zuhr prayer and Jumat prayer. The general argument is more valid and strong compared with other postulates. As for the time of its implementation, sunnah qabliyyah prayerfor Jumat prayer may be done if there is the first azan when zawâl. Whereas if only one azan, may pray two rak'ah with the intention of sunnah qabliyyahbefore Jum’ah prayer together with tahiyyatul masjid prayer for the new arrival at khutbah. As for those who have sat before the khutbah, it is enough with sunnah muthlaq prayer.

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