BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam is a national e-journal published by Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar. All submitted papers are put through double-blind review process. The journal accepts both research and non-research articles, which will be peer-reviewed by at least 2 (two) reviewers. Once a manuscript is submitted trough the online process, a journal editor examines the manuscript and determines its appropriateness for the full peer review. If it passes the initial screening, the manuscript will be sent to peer reviewers. The journal’s editorial board will then consider the peer reviewers’s reports and assemble the final decision to accept or reject the manuscript for publication. Language used in this journal is Indonesian, English, and Arabic. BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam focused on Islamic Studies and present developments through the publication of articles and research reports. BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam specializes on Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. FOCUS BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam focused on Islamic Law (Hukum Islam) and present developments through the publication of articles and research reports. SCOPE BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam concerns on scientific publications relating to the study of Islamic law suc as: ibadah, muamalah, jinayah, and siyasah.
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<![CDATA[Tradisi Ziarah Kubur Pasca Pernikahan (Studi Kasus Kelurahan Manisa, Kecamatan Baranti, Kabupaten Sidrap, Sulawesi Selatan) ]]>
<![CDATA[Syandri]]>;
<![CDATA[Iskandar]]>;
<![CDATA[Sulaiman Kadir]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v3i1.159
<![CDATA[This study aimed to identify the process and purpose of the grave pilgrimage tradition after marriage in Manisa village, Baranti subdisctrict, Sidrap district, South Sulawesi, and also to examine the law of the custom in the view of Islamic law. This research employed a qualitative approach with the field study method (Field Research) and library research. The study shows that: 1. People ini Manisa village after celebrating their wedding they make grave pilgrimage in forms of such as: Determining a certain time according to the agreement of the bride and groom, preparing the necessary preparations such as water, kettles, and pandanus leaves, making ablution before going to the graveyard, praying before entering the cemetery, watering the grave with water mixed with pandanus leaves, holding the gravestone, praying for the late by reciting certain chapters finalized by surah Al-Fatihah. 2. Grave pilgrimage is one of the prescribed acts of worship but it should be in accordance with the guidance of the Prophet. As for what is found in the people of Manisa Urban Village, there are still a number of differences between what they do and what had been exemplified by the Messenger of Allah such as the determination of a special time for the grave pilgrimage, watering the grave, and seeking for blessing from the graves visited.]]>
<![CDATA[Hukum Pelaksanaan Salat Jumat Dua Gelombang pada Satu Masjid di Masa Pandemi Covid-19 ]]>
<![CDATA[Mahmuddin, Ronny]]>;
<![CDATA[Akbar, Fadhlan]]>;
<![CDATA[Iskandar]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.163
<![CDATA[The condition of the corona virus pandemic (covid-19) in Indonesia has an impact on religious life for Muslims, such as Friday prayers. The government issued a regulation on Friday prayers at mosques in areas where the distribution of the prayers was controlled with a prayer distance of one meter to prevent the spread of the virus, resulting in the mosque being unable to accommodate many worshipers at a time. The purpose of this study is to describe the opinions of the scholars regarding the two waves of Friday prayer in one mosque and the Friday prayers in addition to the mosque during the Covid-19 pandemic, and also aims to respond to community questions about these two issues in order to find the right answers so that the community can perform worship calmly. This type of research is a qualitative descriptive study using a literature review method with a normative approach. The results of this study are that the scholars disagreed about the law of the two-wave Friday prayer in one mosque during the covid-19 pandemic. A strong opinion is that it is permissible to carry out two waves of Friday prayers in one mosque, due to emergency or urgent conditions such as the covid-19 pandemic conditions, with the condition that the mosque is narrow and there is no other representative place to accommodate worshipers, the number of worshipers in the second wave is as much as the number of pilgrims in the first wave, as well as getting approval or permission from the government. The implementation of this research is expected to provide theoretical and practical contributions to scientists and society in general.]]>
<![CDATA[Tinjauan Hukum Islam terhadap Peraturan Pemerintah tentang Kebolehan Aborsi pada Kasus Kedaruratan Medis dan Perkosaan ]]>
<![CDATA[Dewi Indriani]]>;
<![CDATA[Sam, Zulfiah]]>;
<![CDATA[Siti Yudianti]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.170
<![CDATA[Abortion is a prohibited act in both Islamic and positive law, but Article 75 of the Health Act provides exceptions for indications of medical emergencies and pregnancy as a result of rape which can cause psychological trauma to rape, then its application is regulated in Government Regulation No. 61 of 2014. This study aims to find out and understand the perspective of Islamic law regarding the abortion exception in Government Regulation No. 61 of 2014 with indications of medical emergencies and rape victims. The problems that the authors raise in this study are; First, what is the concept of abortion implementation referred to in Government Regulation No. 61 of 2014 in accordance with Islamic law ?. Second, how is the perspective of Islamic law on the concept of Government Regulation No. 61 of 2014 concerning exceptions to the prohibition of abortion with indications of medical emergencies and rape victims ?. To get answers to the above problems, the writer uses descriptive qualitative (non-statistical) research, which focuses on the study of texts and texts. And use the method of normative theological approach.The research results found are as follows; First the concept of legal abortion in PP No. 61 of 2014 is in accordance with the stipulation of emergency rules both in determining emergency cases and in avoiding interpretations arising from the abortion. Second, the concept of legal abortion in PP No. 61 of 2014 does not conflict with Islamic law.]]>
<![CDATA[Gaya Komunikasi Keluarga: Kajian Nasihat Luqman kepada Anaknya dalam al-Qur'an Surah Luqman ]]>
<![CDATA[Sari, Hijrayanti]]>;
<![CDATA[Novira, Nuraeni]]>;
<![CDATA[Hawariah, A]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.171
<![CDATA[The purpose of this study was to answer how Lukman communication patterns to his child. The problem to be deciphered is the interpretation of Lukman's advice to his child. And what communication patterns are used. This research is a library research with a qualitative perspective approach with content analysis techniques. The conclusion obtained is Lukman as a father in the communication process acting as a communicator has credibility with the wisdom given by God. The advice or message used is informative and persuasive. Informative messages are prepared using the deductive order model. His advice to his son conclude that the basis of life about faith, law, morals, destiny and the will of God, and the decree of His hamba, establish prayers, amar ma'ruf nahi munkar, be patient with the misfortune that was revealed to him, be wise and just to fellow human beings , stay away from arrogant nature, interact with humans gently, keep useless talk, and do not speak rudely. While persuasive messages are arranged by emotional appeal.]]>
<![CDATA[Salat Gaib untuk Korban Bencana Alam dalam Perspektif Hukum Islam ]]>
<![CDATA[Saifullah bin Anshor]]>;
<![CDATA[Rachmat Bin Badani Tempo]]>;
<![CDATA[Asri]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.172
<![CDATA[This study aimed at elaborating and identifying the law and the virtues of funeral prayer, the definition of absentee funeral prayer, the propositions of the inquiry of absentee funeral prayer, scholars’ opinions on the law of absentee funeral prayer, the ruling of absentee funeral prayer, time and distance limit in absentee funeral prayer, and the law of absentee funeral prayer on the victims of natural disasters. This study employed qualitative-descriptive method with normative approach techniques and library research. The result of the study shows that: (1) The law of absentee funeral prayer is permissible on the corpse that is not yet prayed on; (2) The ruling of absentee funeral prayer is the same as the ruling of funeral prayer; (3) There is no time limit for performing absentee funeral prayer on condition that the person dies at the time person who wants to perform prayer has been able to perform prayer; (4) The distance limit of absentee funeral prayer is the distance in which it is difficult to be visited by people who want to perform prayer; (5) The natural disaster victim, if his or her body is not found and is not yet prayed on, then he/she can be prayed on in absentia.]]>
<![CDATA[Hukum Merokok pada Keadaan Ihram Beserta Implikasinya Dalam Ibadah Haji dan Umrah ]]>
<![CDATA[Sayyid Tashdyq]]>;
<![CDATA[Muhammad Syahrir]]>;
<![CDATA[Abdil Munzir]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.173
<![CDATA[Among the bad habits that are often witnessed during the implementation of the Hajj and Umrah are smoking, the smoke is very disturbing comfort of the people around, especially done in the area of al-Haram, masyarilharam even in ‘arafah. Though the Prophet Sallallaahu ‘Alaihi wa Sallam has given good news in the form of Paradise for those who hajj mabrur. Therefore, it is necessary to study the impact of smoking on the Hajj or Umrah. This research uses library research method by collecting references relating to the object of study, heuristic approach through personal experience, normative approach in breaking down the law of ihram in the Hajj and Umrah, and the methodology is descriptive analysis. The results of this study stated that smoking is haram, so that it includes violations in berihram which can have an impact on reducing the culprit's reward, and it is feared not to reach a hajj that is mabrur, or umrah that maqbulah on the side of Allah Subhanahu wa Ta'ala. Although it does not affect the validity of worship as long as the harmony and its requirements are met. For this reason, it is desirable for active smokers to abandon this bad habit, especially when carrying out the Hajj and Umrah, as well as the mentors to always remind their congregants not to commit these violations. We recommend reprimanding and advising them when found violating these directives to stop in order to get the virtue of this noble worship with the permission of Allah Subhanahu wa Ta'ala.]]>
<![CDATA[Histori Piagam Jakarta: Spirit Perjuangan Penerapan Nilai Islam Secara Yuridis Konstitusional ]]>
<![CDATA[Ariesman]]>;
<![CDATA[Iskandar]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.178
<![CDATA[The historical journey of Indonesian independence which has long been aspired by the nation's generation continues to be fought for, the role of Islamic figures and Islamic values ​​in coloring all aspects of community life in the archipelago between a strong foundation to be free from colonialism, because basically Islam is freedom from colonialism to beings to worship to the Creator. The process of Indonesian independence took place in several phases including Japan's victory over the Netherlands, the phase of the formation of the BPUPKI team, PPKI, to the process of proclamation of independence which resulted in the basis of the Indonesian State known as the "Jakarta Charter"]]>
<![CDATA[Seni Beatbox pada Nasyid Islami dalam Perspektif Hukum Islam ]]>
<![CDATA[Maqsurah, Ainil]]>;
<![CDATA[Bakry, Kasman]]>;
<![CDATA[Jannah, Sa’adal]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.184
<![CDATA[Legal discussion about music in Islam is a forbidden matter. Although there are opinions that allow, but this opinion is weak with the arguments of the Qur'an, the traditions and ijmak of the scholars of the Salaf in their forbidden. The beatbox in Islamic nasheed is in the form of rhythmic sounds such as drum beats, musical instruments, or imitations of other sounds, especially turntables, through human speech instruments such as the mouth, tongue and lips that accompany Islamic nashid as the sounds musical instrument replacement. The purpose of this study was to determine the beatbox law in Islamic nasyid. The research method applies qualitative studies with library research methods and descriptive analysis and uses a normative approach. The results showed that the legal consequences of beatbox art were indeed discussed by the scholars, but the strongest opinion was that it was not allowed. The sounds that come from the human body and the sound resembles the sound of a musical instrument, so the law is haram, both playing it and hearing it. As for Islamic nasheed which does not contain forbidden cases, then the law may.]]>
<![CDATA[Pilar-Pilar Keluarga Sakinah Menurut Hadis Nabi saw. ]]>
<![CDATA[M. Kasim]]>;
<![CDATA[Muhammad Dhiyaul Haq]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.185
<![CDATA[This reseach aimed to examine the quality of hadith (hadith criticism from the side of sanad and matan) and understanding (syarah) of one of hadith of the Prophet related to the pillars of the sakinah (tranquil) family found in al-Kutub as-Sittah. This research employed descriptive qualitative method with the approach mawdu>'iy and tahli>liy. The results show that: (1) sanad of hadiths that were studied were hadiths that reach the sahih (valid) degree that could be accounted for their quality and credibility. All sanad of the hadith reach their narrator successively and in chain, muttasil, and there is no reprehensible narrator. Also in the hadith there are syawahid; (2) In terms of matan, although there are differences in the use of pronunciation or sentence forms and the addition of certain words in the editorial team, but subtantially this does not change the three pillars of the sakinah family in the world, namely good neighbors, comfortable vehicles, and a big house, as well as a complementary addition from a hadith that becomes a syahid is: having a rightous wife; (3) From the sub-theme of the sakinah family that was traced related to the pillars of the sakinah family, there were 5 hadiths; (4) The ideal concept of the sakinah family is an alternative solution to the various social problems that occur]]>
<![CDATA[Zakat Harta dari Hasil Undian Berhadiah dalam Perspektif Hukum Islam ]]>
<![CDATA[Muhammad Taufan Djafri]]>;
<![CDATA[Patahuddin , Askar]]>;
<![CDATA[Aqbar, Khaerul]]>;
<![CDATA[Syarifuddin, Chaeril]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/bustanul.v1i3.186
<![CDATA[This study aims to determine the law and position of the lottery results from prizes, and to know the zakat property laws from lottery results. This study uses a qualitative library method with deductive data analysis. The research results found are as follows; First, the lottery law in Islamic law may be based on the proposition which explains that the Messenger of Allah. had done the lottery, so did the argument that explained that the Prophet Yunus had been thrown from a ship after the draw, and in general there was no argument that explained the forbidden draw. The position of the property from the lottery results is halal. Secondly, the law of issuing zakat assets from the lottery results is mandatory if the assets obtained from the lottery results do not overlap with Islamic law, for example in the category of goods that are not required to pay zakat, such as houses, land, vehicles and remain in accordance with the reckoning of the lottery results. If the gift has reached the Nisab, the zakat must apply in accordance with the provisions of gold and silver and also haul (held for a year), because this asset has become his property as a gift, which when he receives it becomes his property and is intended to be traded, this provision applies to lottery proceeds in the form of gold, silver and cash, while the rest is returned to the intention of the recipient of the prize, if he does not want to sell but only to be used, then the law that applies to the lottery results is not obligatory zakat.]]>
