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NUKHBATUL 'ULUM : Jurnal Bidang Kajian Islam
Published by Sekolah Tinggi Ilmu Islam dan Bahasa Arab Makassar
ISSN : 23385251     EISSN : 26857537     DOI : 10.36701
Core Subject : Religion,
Religion
Jurnal Nukhbatul 'Ulum merupakan jurnal akademik yang diterbitkan dua kali dalam setahun (Juni dan Desember) yang diterbitkan oleh Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar. Jurnal Nukhbatul 'Ulum menerima tulisan ilmiah hasil pemikiran konseptual dan hasil penelitian yang belum pernah dipublikasikan, terutama yang berhubungan dengan bidang Kajian Islami (Dirasah Islamiyah). Penyunting (editor) berhak melakukan revisi untuk keragaman format, istilah, dan catatan kaki tanpa mengurangi dan mengubah isi dan maksud tulisan. Tulisan diterbitkan dalam bahasa Indonesia, Ingrris, dan Arab.
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Articles 190 Documents
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Inheritance Transitioning to Gift in The Issuance of Land Certificates: an Islamic Legal Perspective Nur Afni A.; Sarah Suleman; Arfan Arfan
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 1 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i1.1375

Abstract

In Islamic law, inheritance and gifts are two distinct concepts with different rules and implications. However, in practice, there is often confusion between these two, particularly in the context of land ownership and certification. This confusion can lead to legal complications and potential disputes. This research aims to elucidate inheritance and gifts in Islam and the factors causing and legal position of the transition of inheritance status to gift status in the issuance of land certificates. This study employs a qualitative descriptive research approach focused on textual analysis, utilizing normative juridical and conceptual approaches. The findings are as follows: Firstly, the factors leading to the transition of inherited land status to gifted land include the community’s lack of understanding regarding the difference between inheritance and gifts, the absence or loss of supporting documents, and the facilitation of land registration. Secondly, the legal position of changing the status of inherited land to gifted land in the issuance of land certificates arises due to the loss of supporting documents and to prevent future complications. This action is permitted based on considerations of maṣlaḥah (public interest) to safeguard property and prevent harm. It also falls under emergency conditions where the fiqh principle states that every necessity justifies what is forbidden, but only for administrative purposes. The land remains inherited land in accordance with the fiqh principle that the intention and substance, not the expressions and formalities, are the reference points in transactions.
Selling Item that Have Not Been Paid in the Perspective of Mazhab of Syāfi‘iyyah and Ḥanābilah Khaerul Aqbar; Azwar Azwar; Ahmad Nurhadi Akkas
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 1 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i1.1418

Abstract

This research aims to determine the views of the Syāfi'iyyah and Ḥanābilah schools of thought regarding the status or validity of goods purchased on credit and the law of selling goods that have not been paid in full. This research is descriptive-qualitative (non-statistical) research, with the type of library research using normative and juridical-normative approaches. The results of the research show that the ownership status of goods that have not been paid for has been transferred (ownership) from the seller to the buyer, as indicated by the existence of a contract and the handover of both. This is part of the opinion of the Syāfi'iyyah and Ḥanābilah schools of thought. Selling goods that have not been paid off to the owner of the goods (lender), or what is known as 'īnah buying and selling, or to a third party (other than the first seller), is permissible in the view of the Syāfi'iyyah school of thought, provided that the buyer has received the object of the sale and purchase before he makes the next transaction. Meanwhile, in the view of the Ḥanābilah school of thought, selling goods that have not been paid for is permissible, but only if the purpose of purchasing the goods is to be used or traded properly, provided that the buyer has received the object of the sale and purchase before he carries out the next transaction.
Integration of Islamic Law into Local Governance: the Impact of Datuk Tellue’s Da’wah in South Sulawesi Muh Yusuf
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1493

Abstract

The Islamization of South Sulawesi, particularly in the Bugis-Makassar hinterland, represents a significant shift in Indonesia's religious and socio-political history. This article highlights the migration of Islamic scholars from West Sumatra to key kingdoms in the region, which contributed to the formation of new Islamic landscapes that were previously recognized only in localized contexts. The integration of Islamic teachings into local governance systems, particularly through Pangngaderreng, succeeded in establishing Islam not only as a religion but also as a foundation for state legislation. This paper examines the da’wah strategies employed by Datuk Tellue, including (1) da’wah bi al-Hal, (2) da’wah bi al-Lisan, and (3) da’wah bi al-Aqd, and their impact on cultural and political dynamics in South Sulawesi. The study reveals how Islam was interwoven with local traditions and governance structures to shape a unique Islamic identity in the region. Furthermore, the establishment of Islamic educational institutions and councils such as Parewa Sara played a critical role in ensuring the continued influence of Islam in South Sulawesi.
Exploring the Diversity of Asbāb al-Wurūd Utilities in Jurisprudential Hadiths Ananda Prayogi; Fahrur Razi; Alwi Shobri
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1512

Abstract

Without knowledge of the asbāb al-wurūd, individuals can easily misunderstand hadiths. Moreover, the specific hadith under consideration serves as a source of Islamic jurisprudence (jurispridential hadith or hadith of fiqh), thereby potentially leading to errors in legal interpretations. To mitigate such occurrences, this article aims to elucidate the concept of asbāb al-wurūd both theoretically and practically in the context of understanding fiqh-related hadiths. This research addresses three key questions: a) the definition and principles of asbāb al-wurūd; b) the significance of hadith in Islamic jurisprudence; and c) the application of asbāb al-wurūd in interpreting fiqh-related hadiths. Through a literature review and qualitative descriptive analysis, data is gathered from diverse reliable sources, including journal articles, traditional texts (turāth), scholarly works, and credible documents. The findings demonstrate that asbāb al-wurūd involves studying the contextual background of hadiths to discern their intended meanings. Furthermore, the application of asbāb al-wurūd in fiqh-related hadiths encompasses six functions: specifying the general, defining the absolute, elaborating on the universal, clarifying abrogated rulings (naskh), providing legal reasoning (taṣrīḥ), and explaining ambiguities (musykil).
Mental Diseases According to Hamka and the Methods of Treatment (A Review of Hamka's Tasawuf Modern Book) Imroatul Istiqomah; Fikri Hidayatul Rukmana; Muhammad Shohibul Mujtaba
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1708

Abstract

This study aims to answer the challenges of modern psychology with Hamka's soul theory in his book Tasawuf Modern. This is a qualitative study conducted at a library that analyzes data using descriptive analytical methods, psychological and Sufi approaches, and deductive-inductive techniques. The findings of this study are: first, the definition and characterization of a healthy soul according to Hamka and its hierarchy. Second, according to Hamka, mental illness is in the form of ghadab, takabbur, khauf and huzn and their triggers. Third, the treatment of mental illness is by coaching the soul through tadzkiatu al-nafs externally, namely: 1) associating with good people, 2) getting used to thinking, 3) maintaining lust, 4) working regularly, 5) self-introspection. And internally, namely sincerity, gratitude, asceticism, resignation and qana'ah. From this research we can understand that mental health is the influence of the purity of the soul through the education of the mind and heart externally and internally.
A Critical Analysis of al-Ḥiyal al-Syar'iyyah Concept within the Ḥanafī School Paradigm: Implications and Implementation in Contemporary Financial Transactions Sartini Lambajo; Siti Sa’dianti; Nabilah Al Azizah; Sabila Adzkia
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1732

Abstract

This study examines the concept of al-ḥiyal al-syar'iyyah (permissible legal stratagems) from the Ḥanafī school of thought perspective and its application in contemporary financial transactions. The research aims to analyze the Ḥanafī scholars' views on al-ḥiyal al-syar'iyyah and explore its implementation in financial contracts (mu'āmalah māliyyah). Employing a qualitative approach with normative and sociological perspectives, this study focuses on textual analysis of classical and modern Islamic jurisprudence sources. The findings reveal that the Ḥanafī school considers al-ḥiyal al-syar'iyyah as a legitimate method to navigate religious matters without violating Islamic law, categorizing it into permissible and impermissible stratagems based on their objectives and alignment with maqāṣid al-sharī'ah (objectives of Islamic law). The study also demonstrates the application of this concept in various financial contracts, including sales, leases, loans, gifts, and contemporary Islamic financial products. This research contributes to the ongoing discourse on Islamic legal theory and its practical implications in modern Islamic finance, providing valuable insights for academics, policymakers, and practitioners in the field.
The Controversy of the Book Waṣīyyat al-Muṣṭafā and Its Factors of Popularity in Hadith Studies Ahmad Nurhamdani; Viki Junianto; Iqbal Nursyahbani; Mohammad Hamsa Fauriz
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1761

Abstract

The study of hadith in Indonesia has experienced significant development in the 17th century. This is marked by many scholars from the archipelago who authored and studied hadith texts in each generation. One of the key texts is Waṣiyyat al-Muṣṭafā. Although this text is popular, Waṣiyyat al-Muṣṭafā has a controversial aspect due to the presence of many fabricated hadiths and the ambiguity surrounding its authorship. This research aims to analyze the factors contributing to the popularity of Waṣiyyat al-Muṣṭafā in Indonesia. This study is qualitative in nature, utilizing literature review methods and employing an analysis based on Max Weber's theory of authority, which includes charismatic authority, traditional authority, and legal-rational authority. Additionally, the research uses the theory of printing or publication to analyze the factors behind the popularity of Waṣiyyat al-Muṣṭafā. The findings indicate that Waṣiyyat al-Muṣṭafā remains popular despite its controversial aspects, The presence of many fabricated hadiths and the ambiguity surrounding its authorship, largely due to influential community figures and their significant followings who engage in studying the text. Furthermore, the association of the text with Imam al-Sya’rani, known for his prominence in the field of hadith, is believed to have positively impacted its popularity. Additionally, the bureaucratic structure of pesantren (Islamic boarding schools) incorporates this text into its curriculum, and the printing industry has played a role in producing and disseminating Waṣiyyat al-Muṣṭafā throughout Indonesia.
Designing Model of Integrated Land Waqf and Cash Waqf Empowerment in Providing Apartments: Potentials and Challenges Anggraini, Diana Herlin Widiastuti; Rohim, Ade Nur
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1762

Abstract

This research aims to design a model for integrating waqf land and cash waqf in the provision of apartments for low-income communities in Indonesia as a solution to enhance community welfare. This study employs a qualitative research method with a literature review approach. The research indicates that the model for integrating waqf land and cash waqf holds significant potential in providing apartments for low-income communities. Waqf land, often neglected and primarily allocated for consumptive sectors, can be optimized for productive sector development through this integration. Waqf land is viewed as a strategic physical asset, while cash waqf offers flexibility in financing infrastructure development. The integration of both presents great opportunities to create sustainable social and economic impacts, with rental income from apartments serving as a productive investment that supports further development. The study also identifies several challenges related to the integration of waqf land and cash waqf, particularly concerning waqf management, which requires transparent governance, adequate regulatory support, and cross-sector collaboration. Additionally, social constraints related to public perception of waqf may also affect the implementation of this model. This research recommends innovative policies and synergy between the government, waqf institutions, and the private sector to address these challenges and maximize the potential of waqf integration in providing housing for those in need.
Analysis of Abu Yusuf's Thoughts on Tax Revenue in the Book of al-Kharāj and Its Relevance to Contemporary Tax Law Principles: A Fiqh Perspective Jajat Sudrajat; Almurni, Muhammad Furqon; Yadi Janwari; Dedah Jubaedah
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1768

Abstract

This article aims to analyze the differences of opinion among scholars regarding the legal imposition of obligations on the public by the Islamic state other than zakat. The main focus of this article is on the views of Abu Yusuf, a prominent scholar during the Abbasid era, whose famous work al-Kharāj made a significant contribution to the development of the tax system in the Islamic state, as well as its relevance to contemporary tax law principles. In addition, the article examines the criteria for tax collection based on the perspective of fiqh. This study employs a qualitative approach using normative juridical and descriptive-analytical methods. The findings reveal that Abu Yusuf, through al-Kharāj, recognized the imposition of taxes by the state in addition to zakat, such as jizyah (a tax levied on non-Muslim citizens), ‘usyr (a tithe, typically one-tenth of agricultural produce), and kharāj (a land tax on agricultural lands). During the time of Prophet Muhammad PBUH there were no established regulations regarding kharāj and ‘usyr. The implementation of these two taxes began during the era of ‘Umar bin al-Khaṭṭāb RA, following the conquest of Persian territories, particularly the fertile region of Sawad in Iraq, where kharāj was imposed on land and ‘usyr was levied on non-Muslim traders entering Islamic territories. The conclusion of this study is that the imposition of taxes other than zakat is recognized in fiqh, provided it meets specific criteria, including a real and urgent need, fair and prudent implementation, allocation of tax revenue for public interest, and consultation between the leader and experts prior to tax imposition. The practical implication of this study is that the application of taxes in accordance with fiqh criteria can serve as an additional source of revenue for Islamic states to develop infrastructure and improve social welfare, particularly in efforts to alleviate poverty.
The Role of Muslimah Wahdah Tanralili Branch in Da’wah Outside the Home: A Review of the Rule of al-Ḍarar al-Asyaddu Yuzālu bi al-Ḍarar al-Akhaf Andi Dahmayanti; Munawara, Munawara; Risdayani, Risdayani; Muliana, Muliana
NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam Vol 10 No 2 (2024): NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/nukhbah.v10i2.1780

Abstract

This study aims to determine the role of Muslim women’s dakwah outside the home in the context of the al-Ḍarar al-Asyaddu Yuzālu bi al-Ḍarar al-Akhaf rule, with a particular focus on the activities of Muslim women engaged in dakwah outside the home. This research employs a descriptive qualitative approach, eschewing statistical analysis, and focuses on case studies derived from field research. The study employs a normative and phenomenological methodology, with a qualitative descriptive analysis. The findings revealed that the Muslimah Wahdah Islamiyah Tanralili Branch exerted a significant impact on the dissemination of da’wah in Tanralili District. Through the active organisation of religious activities in Tanralili, the Branch facilitated a gradual understanding of Islamic law among the community, enabling its practical application in their lives. With regard to the activities of Muslim women in the field of da’wah, if we consider them in the context of the rule al-Ḍarar al-Asyaddu Yuzālu bi al-Ḍarar al-Akhaf, we find that the situation of Muslim women engaged in da'wah today is one that entails certain risks. These dangers are lessened when compared to the dangers of Muslim women not preaching in the community, namely the spread of shirk and the distance of the community from Islamic law. The findings of this research imply that women are permitted to leave the house for reasons outside the home, such as preaching, but they must still adhere to the principles of modesty and decorum that are expected of them as Muslim women. They must also fulfil their domestic responsibilities before leaving the house.

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