Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Mazahibuna: Jurnal Perbandingan Mazhab Parewa Saraq: Journal of Islamic Law and Fatwa Review
Nusair, Abuyamen
Unknown Affiliation
Religion Humanities Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
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

Abstract

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.
Ismail Al-Zain's Fatwa on Tajdīd al-Nikāh: Legal and Social Analysis of Remarriage Practices at KUA Walenrang in Luwu Regency Desrianti, Desrianti; Ridwan, Muhammad Saleh; Qayyum, Rahman; Nusair, Abuyamen
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 3 No. 1 (2024): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v3i1.28

Abstract

This study examines Ismail Al-Zain's fatwa on tajdīd al-nikāh and its relevance to remarriage practices at the Office of Religious Affairs (KUA) in Walenrang District, Luwu Regency, particularly among serial marriage perpetrators requiring official marriage registration. The research employs a field research method, combining a phenomenological approach to explore individual experiences with tajdīd al-nikāh and a normative juridical approach to analyze the issue through Islamic law, including the Qur'an, hadith, fiqh rules, and scholars' opinions. The findings reveal that while Ismail Al-Zain's fatwa permits tajdīd al-nikāh as jawāz (allowed), it should be avoided unless critically necessary. At the KUA of Walenrang, tajdīd al-nikāh is implemented not only to fulfill marriage registration requirements but also to address doubts about the validity of harmony and conditions in serial marriages. This practice is more accurately termed i'ādah al-nikāh, aiming to ensure compliance with Islamic legal requirements and resolve ambiguities associated with serial marriage legality. This study offers original insights into the practical and legal nuances of tajdīd al-nikāh versus i'ādah al-nikāh in the context of marriage registration. The findings underscore the critical role of legal clarity in protecting the rights of spouses and children and preventing future disputes in family law. The research highlights the importance of ensuring correct and legal marriage processes to address legal and social challenges in contemporary Islamic family practices.
Co-Authors Ahmad Yusuf Ahrar, Muhammad Rifki Amiruddin, Muhammad Majdy Budiman Sulaeman, Budiman Desrianti, Desrianti Qayyum, Rahman Ridwan, Muhammad Saleh