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Pemberian Rasywah Untuk Mendapatkan dan Mempertahankan Hak dalam Kajian Filsafat Hukum Islam Syafriadi B; Busyro Busyro; Irvan Refliandi; Erizal Erizal
Hikmah Vol. 20 No. 1 (2023): Januari-Juni 2023
Publisher : Sekolah Tinggi Agama Islam Sumatera Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53802/hikmah.v20i1.193

Giving rashwah has been agreed upon that it is forbidden by Muslim scholars based on the hadith of the Prophet. However, in certain cases related to defending rights, there is a dilemma between giving rashwah and not giving. When using rashwah, there are hadiths that prohibit it, but when rashwah is not given, rights that should belong to someone will be lost. This study aims to examine the views of Islamic legal philosophy towards giving rashwah to defend one's rights. This study used the library research method with a qualitative approach. Data was collected by reading various related references and then making comparisons. Data analysis was carried out using comparative and descriptive methods. The results of the study show that a person must defend his right to guarantee the maintenance of one of al-dharuriyah al-khams, such as property, as an objective of Islamic law even though in general it is contrary to standard legal principles to realize the achievement of maqāsid syar'iyyah namely the realization of maṣlahah in the form of hifzhul mal (protection of assets) so that the implication is that rights which are part of assets can be maintained and sustained.

ISLAMIC ECONOMICS AND ECONOMIC DISRUPTION: CHALLENGES, MODIFICATIONS, AND TRANSFORMATIONS Riska Fauziah Hayati; Busyro Busyro; Arifki Budia Warman
Khatulistiwa Vol 13, No 2 (2023)
Publisher : The Pontianak State Institute of Islamic Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/khatulistiwa.v13i2.2377

This paper departs from the phenomenon of disruption that has shaken various orders of life, including sharia economics. This paper wants to examine the challenges of the era of disruption to Islamic economics, and how Islamic economics accommodates and modifies to answer these challenges. This is a qualitative research with data, namely related literature on sharia economics and economic disruption. Data were analyzed by descriptive qualitative. This study finds that there are several challenges faced by Islamic economics, including: legal rules are not yet complex, human resources are not optimal, transaction processing adjustments, lack of research, not optimal government support and low education and socialization of sharia economy. So it is necessary to strengthen the sharia economy at the practical and normative level. The flexibility and basic values of sharia economic law which contain material and spiritual spirit need to be implemented properly. The existence of Islamic Financial Institutions also needs to be maximized to improve the people's economy in the era of disruption.

LEGALITY OF ALCOHOLIC BEVERAGES IN INDONESIA: BETWEEN POLITICAL ECONOMY AND HIFZ AL-ʿAQL PERSPECTIVE Beni Firdaus; Busyro Busyro; Ismail Ismail; Rahmiati Rahmiati; Pendi Hasibuan; Selfia Marlina
Kanun Jurnal Ilmu Hukum Vol. 25, No. 2, August 2023: Contemporary Issues on Indonesian Legal Reform
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v25i2.27843

Legalizing alcoholic beverages under Indonesian Presidential Decree Number 10 of 2021 concerning to Investment Business raises conflicting view with Islamic norms in Indonesian as religious state. Under Islamic norm such prohibition intended to maintaining of reason (ḥifẓ al-ʿaql), while on the one hand it is for the improvement of the country’s economy (ḥifẓ al-mal). This paper measures such contradictory under maqasid Syariah auspice. The method used is a normative research with a content analysis approach. This paper found that the legalization of investment in alcoholic beverages has not reached to the stage of necessity (ḍaruriyya), while the acquisition of property (ḥifẓ al-mal) was obtained through the legalization of alcoholic beverage investments, only at the level of (taḥsiniyyah). Therefore, something related to the tahsiniya level should not negate the position of ḍaruriyya of ḥifẓ al-ʿaql. Eliminating the potential of greater mafsadah must be put forward by the Indonesian government rather than producing uncertain maslahah.

Tradisi Budendo Pelaku Nikah Sumbang Perspektif Sosiologi Hukum Islam Ashlih Muhammad Dafizki; Edi Rosman; Busyro Busyro
USRATY : Journal of Islamic Family Law Vol 1, No 2 (2023): Desember 2023
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v1i2.7530

Pernikahan sumbang yang terjadi di antara anak keturunan dari saudara laki-laki dan anak keturunan dari saudara perempuan berkonsekuensi pada denda adat bagi pasangan yang melangsungkannya disebut dengan budendo. Penelitian ini bertujuan pada eksplorasi: 1) makna adat tradisi budendo pada nikah sumbang; 2) faktor-faktor penyebab terjadinya nikah sumbang; dan 3) implikasi tradisi budendo terhadap pelaksanaan nikah sumbang bagi masyarakat Desa Semurup, Kecamatan Air Hangat, Kabupaten Kerinci. Penelitian ini menggunakan metode kualitatif. Penelitian ini dilakukan dengan cara wawancara dengan narasumber terkait dengan judul pembahasan serta literatur yang berhubungan dengan nikah sumbang. Hasil dari penelitian ini adalah; 1) tradisi budendo bermakna sebuah rangkaian acara adat yang bertujuan untuk memintakan denda adat kepada pasangan yang melakukan pernikahan sumbang, dan juga untuk menghilangkan kemudhoratan dari pernikahan yang telah mereka laksanakan; 2) faktor pendorong terjadinya pernikahan sumbang disebabkan beberapa hal antara lain, perjodohan, mempererat tali persaudaraan, suka sama suka, kemurnian keturunan dan mempertahankan harta; 3) implikasi yang ditimbulkan dari tradisi budendo ini berupa kepatuhan terhadap hukum dan untuk menertibkan masyarakat dengan cara membayar denda adat.The occurrence of intermarriage between descendants of male relatives and descendants of female relatives resulting in customary fines for the couple who conduct it is known as "budendo." This study aims to explore: 1) the cultural significance of the budendo tradition in intermarriages; 2) the factors contributing to intermarriages; and 3) the implications of the budendo tradition on the execution of intermarriages in the Semurup village, Air Hangat Subdistrict, Kerinci Regency. This research utilizes a qualitative methodology. It involves conducting interviews with relevant informants on the subject matter and reviewing literature related to intermarriages. The findings of this study are as follows: 1) the budendo tradition signifies a series of customary proceedings aimed at seeking customary fines from couples engaged in intermarriage and also at eliminating any harm resulting from the marriage they have undertaken; 2) the driving factors behind intermarriages include arranged marriages, strengthening familial ties, mutual affection, preserving lineage purity, and safeguarding wealth; 3) the implications arising from the budendo tradition encompass compliance with customary law and maintaining societal order by paying customary fines.

CUTI SUAMI DALAM RUU KIA UNTUK MENDAMPINGI ISTERI MELAHIRKAN PERSPEKTIF HIFẒ AL-NASL DAN POLITIK ETIS PEMERINTAH Busyro; Ismail; Gusril Basir; Fajrul Wadi; Rahmiati; Sindi Sinora
istinbath Vol. 22 No. 2 (2023): December 2023
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v22i2.497

The plan of providing 40-day-paternity leave is just waiting for discussion and ratification into law. On the one hand, the RUU KIA (Maternal and Child Health bill (MCH bill) can guarantee the fulfillment of some of mothers’ and children’s rights if they are accompanied by the head of the family during the birth process. However, on the other hand, the status of the husbands who also work for government or private companies requires them to complete the workload, and 40 days of leave is considered a long time for workers to leave. This study aims at examining the implementation of the concept of hifẓ al-nasl on the ethical politics of government concerning the birth of the RUU KIA. This writing is library research by which the data sources were obtained from documents, books, journals, and news on social media. The data were analyzed by using a qualitative approach. The conclusion of this study showed that the philosophical basis of the 40-day-paternity leave policy is a crystallization of the concept of protecting wives and prospective babies and in accordance with the objectives of Islamic law in providing protection for offspring (hifẓ al-nasl). This government’s ethical politics is also an implementation of the rule of taṣarruful imām `alā ra'iyat manūṭun bil maṣlaḥah (policies taken by the government must be ensured to gain benefit for the people).

Kelebihan Pembayaran di SPBU dalam Kajian Filsafat Hukum Islam Helmi Yusnita; Busyro Busyro
NALAR FIQH: Jurnal Hukum Islam Vol. 14 No. 1 (2023): June 2023
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v14i1.1376

Fuel oil (BBM) for vehicles can be obtained at the Public Fuel Filling Station (SPBU) closest to the sale and purchase transaction, filling is done according to the buyer's wishes. Payments are made according to the nominal value shown on the gas station monitor screen, but it often happens that payments are made in excess of what is shown on the gas station monitor. This research aims to explain the philosophical study of Islamic law regarding excess payments at gas stations, which exceed the bills that are monitored at gas stations. This research uses library research with the main data coming from journals, books, and the internet. Data collection was carried out by reading and grouping according to the themes discussed, then analyzed using descriptive, inductive theory and presenting it in writing. The research results show that philosophically in Islamic law, excess payments at gas stations are at the hajiyah level. Because it is done to make transactions easier and less difficult at the gas station.

Pemberian Rasywah Untuk Mendapatkan dan Mempertahankan Hak dalam Kajian Filsafat Hukum Islam Syafriadi B; Busyro Busyro; Irvan Refliandi; Erizal Erizal
Hikmah Vol. 20 No. 1 (2023): Januari-Juni 2023
Publisher : Sekolah Tinggi Agama Islam Sumatera Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53802/hikmah.v20i1.193

Giving rashwah has been agreed upon that it is forbidden by Muslim scholars based on the hadith of the Prophet. However, in certain cases related to defending rights, there is a dilemma between giving rashwah and not giving. When using rashwah, there are hadiths that prohibit it, but when rashwah is not given, rights that should belong to someone will be lost. This study aims to examine the views of Islamic legal philosophy towards giving rashwah to defend one's rights. This study used the library research method with a qualitative approach. Data was collected by reading various related references and then making comparisons. Data analysis was carried out using comparative and descriptive methods. The results of the study show that a person must defend his right to guarantee the maintenance of one of al-dharuriyah al-khams, such as property, as an objective of Islamic law even though in general it is contrary to standard legal principles to realize the achievement of maqāsid syar'iyyah namely the realization of maṣlahah in the form of hifzhul mal (protection of assets) so that the implication is that rights which are part of assets can be maintained and sustained.

Salang Pinjam: Maintaining Traditional Pawn Practice against the Practice Regulated by Divide et Impera Politics Gusril Basir; Fajrul Wadi; Busyro Busyro; Rahmiati Rahmiati; Adlan Sanur Tarihoran
Khazanah Sosial Vol. 5 No. 3 (2023): Khazanah Sosial
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ks.v5i3.29142

Salang pinjam had been carried out by many Minangkabaunese before the arrival of the Dutch colonialists. The presence of the Dutch colonialists shifted the tradition of salang pinjam into pagang gadai (pawn) as part of the Devide et Impera politics which aimed at breaking up the unity of Minangkabau people. The transition from the concept of salang pinjam to gadai (pawning), apart from not being in accordance with Islamic teachings, also often causes disputes in the communities. Even so, in several Minangkabau areas the tradition of salang pinajm still survives to ensure the continuity of religious-based customs, including in Paninjauan Village, Tanah Datar regency. This study was conducted to describe the concept of salang pinjam and how it differs from the Dutch version of pawning. This research is field research with the data sources obtained from Paninjauan Villageâ€™s community leaders and parties who have carried out salang pinjam. The data were collected through direct interviews with informants, then classified according to the questioned-themes. Then, the data were analyzed descriptively. This study concluded that the essence of salang pinjam is borrowing from each other, one party borrows money or gold and the other party borrows land or rice fields. Based on Islamic teachings, this transaction does not violate Islamic rules and will not cause any disputes. This is different from pawnshops regulated by the Dutch Colonial by which borrowing money must be accompanied by collateral in the form of land, and this way becomes a source of problems for two reasons; first, it is contrary to Islamic teachings because it utilizes collateral assets; and second, the collateral must be returned to the borrower after seven years without compensation, and in reality the community is not willing to just return it unless the borrowers must return the money they have borrowed.

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