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[Pertimbangan Sosiologis Hukum Islam terhadap Penolakan Pornografi di Indonesia ]]>
<![CDATA[Luthfi Bakence]]>;
<![CDATA[Kurniati Kurniati]]>;
<![CDATA[Misbahuddin Misbahuddin]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.660
<![CDATA[This study aims to determine the sociological considerations of Islamic law against the rejection of pornography in Indonesia. The method and type of research used is descriptive-qualitative research. The results of this study indicate that showing pornography on social media that is easily accessed and watched continuously by someone will have an impact on the rise of adultery, rape, and even murder, as well as various other negative effects. According to Islamic law, pornography is expressly prohibited and is an unlawful act. This can be seen in the Al-Qur'an surah al-Nur/24: 30-31, namely the command to guard the genitals or honor. Likewise in the Al-Qur'an surah al-Isra'/17: 32 regarding the prohibition of approaching adultery and the punishment for adultery in the Al-Qur'an surah al-Nur/24: 2. In Islam, pornography is equated with adultery or serious adultery . Pornographic crimes are not regulated directly by law. Therefore, law is adopted from classical law by adopting law based on existing texts and laws.]]>
<![CDATA[Hukum Islam: Antara Wahyu Tuhan dan Pemikiran Manusia ]]>
<![CDATA[Marzuki Umar]]>;
<![CDATA[Kurniati Kurniati]]>;
<![CDATA[Misbahuddin Misbahuddin]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.566
<![CDATA[The purpose of this study is to find out how reason and revelation go hand in hand in the formation of Islamic law. The method used is a literature study with a qualitative approach. The results of the study show that reason and revelation are both the basis for giving birth to Islamic law. This study also analyzes that there is no contradiction between reason and revelation in principle. In fact, the position between reason and revelation can be parallel, but theologically it is revelation that is the source of inspiration for reason so that revelation (as a subject) has a higher position. On the other hand, reason cannot be a source of revelation, because reason is a creation while revelation is the word of God. The conclusion of this research is that today's Islamic law must be able to maximize its scientific reasoning (reasoning) in order to find hidden meanings in the texts of the Qur'an and hadith in answering the problems of life in the world without neglecting the benefits of the hereafter.]]>
<![CDATA[Mencukur Rambut Bayi Perempuan Saat Akikah Perspektif Mazhab Imam Ahmad bin Hanbal ]]>
<![CDATA[Rosmita Rosmita]]>;
<![CDATA[Sirajuddin Sirajuddin]]>;
<![CDATA[Nurul Qisti]]>;
<![CDATA[Nasaruddin Nasaruddin]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.620
<![CDATA[This study aims to find out the problems of shaving hair for babies at the time of aqeekah among the scholars, as well as to find out the views of the Imam Aḥmad bin Hanbal school and its legal isntinbat method in the issue of shaving hair for baby girls in aqeekah. This research is a type of descriptive literature research, which focuses on the study of text manuscripts, using a normative juridical approach. As for the results of the research that scholars have different opinions regarding the law of aqeekah, some say that it is sunnah muakkadah and some say that it is obligatory, in the implementation of aqeekah it is sunnah to perform all rituals of aqeekah. As for the wisdom, it is prescribed for aqikah that there are many benefits, as a form of gratitude to Allah swt, the conditions for akikah are the same as those for qurban and there is no difference of opinion on this matter. In the istinbat method, Imām Aḥmad bin anbāl from the prophet's hadith as well as the opinion of scholars, it is seen that shaving the hair on babies is only for male babies, so that female babies are not included in the order, so they are judged differently from the law for male babies. Regarding this, the opinion of Imam Ahmad bin Hanbal views that it is makruh to shave a baby girl's hair]]>
<![CDATA[Gugatan Ahli Waris atas Harta Hibah Perspektif Fikih Islam ]]>
<![CDATA[Saadal Jannah]]>;
<![CDATA[Akrama Hatta]]>;
<![CDATA[Winda Sari Agustini]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.626
<![CDATA[This study aims to identify and understanding the claim of the heirs on the assets of the grant in the perspektif of Islamic jurisprudence. This research uses qualitative research with library research methods. The results of the study found that the majority of scholars forbade a person to withdraw his grant property, except for the grant of a father to his child. As for when the heir want to sue the assets of the grant, then there are two conditions; first, the heirs may sue the assets of the grant if the property being donated is the entire property of the grantor. second, the heirs may not sue the grant property if it is not the entirety of the property being donated. Scholars also differ on the amount of property that can be donated. Many scholars are of the opinion that it is permissible to donate all of their wealth (without limits) to others, because the amount of the grants is not explained ini the texts. Meanwhile, Ibn Hasan and some of the Hanafi school of pentahqiq argue that it is not legal to donate all their wealth even if it is in goodness.]]>
<![CDATA[Kategori Darah yang Keluar Akibat Kehamilan Anggur Perspektif Fikih Islam ]]>
<![CDATA[Nuraeni Novira]]>;
<![CDATA[A. Hawariah]]>;
<![CDATA[Hijrayanti Sari]]>;
<![CDATA[Sumayyah Binti Amir]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.645
<![CDATA[The research in this thesis aims to find out the opinions of fiqh scholars about the types of blood that women are accustomed to and the category of blood that comes out due to moral pregnancy. This type of qualitative descriptive research, which refers to library research, using normative, comparative, and phenomenological approaches. The research results found are as follows; First, according to the fiqh scholars, there are three types of habituated blood, namely: 1) menstrual blood that comes out of the womb of a woman who is 9 years old or less than 16 days old when she is healthy and without cause, which comes out at a certain time; 2) puerperal blood that comes out of the uterus due to birth, after or before which is accompanied by pain; 3) istihadhah blood that comes out of the surface of the uterus in addition to the periods of menstruation and childbirth, which comes out continuously without stopping at all or stopping for a while like a day or two in a month. Second, the category of blood that comes out due to moral pregnancy is bleeding that occurs in pregnant women and is not yet in the form of a human, so the blood that comes out is istihadhah blood, fasting and prayer are obligatory even though the blood is still flowing.]]>
<![CDATA[Penyaluran Zakat untuk Penanganan Dampak Covid-19 dalam Perspektif Hukum Islam (Analisis Pendapat Para Ulama Fikih) ]]>
<![CDATA[Askar Patahuddin]]>;
<![CDATA[Azwar Azwar]]>;
<![CDATA[Muh. Syukur S.]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.661
<![CDATA[This study aims to determine the law of distributing zakat in the prevention of Covid-19 based on the perspective of Islamic law. This research is a type of qualitative research that focuses on the study of texts (library research) with a normative and historical approach. The results of the study show that the law for distributing zakat is in tackling or handling the impact of Covid-19, such as the allocation of consumptive zakat on the procurement of basic needs, medicines, Personal Protective Equipment (PPE) clothing for medical personnel, disinfectants needed by officers or volunteers, and others, are mubah (permissible). This law of permissibility is based on the study of the verses of the Qur'an, hadith and the opinions of scholars. However, this permit still has to prioritize the poor in meeting their basic needs in the form of zakat distribution, both in cash and in kind.]]>
<![CDATA[Pertimbangan Sosiologis Penegakan dan Pengamalan Hukum Islam di Indonesia ]]>
<![CDATA[Muhammad Taufan Djafri]]>;
<![CDATA[Kurniati Kurniati]]>;
<![CDATA[Misbahuddin Misbahuddin]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.666
<![CDATA[This study aims to analyze the sociological considerations of enforcement and application of Islamic law in Indonesia. This research is a library research that is qualitative in nature. The results of the study show that the sociology of Islamic law is a reciprocal relationship between Islamic law (Syarī'ah, Fiqh, al-Ḥukm, Qānūn, etc.) and patterns of societal behavior in which Sociology is one approach in understanding it. In essence, Islamic law in Indonesia is legal norms originating from Islamic law that grew and developed in people's lives throughout the history of Indonesia. Theories of thought regarding the application of Islamic law in Indonesia are formalistic-legalistic thought theory, structuralistic thought theory, culturalistic thinking theory and substanialistic-applicative thinking theory. It turns out that the enforcement and application of Islamic law has many obstacles so that Islamic law seems very slow, especially in the field of jinayat (Islamic crime).]]>
<![CDATA[Manajemen Pengelolaan Properti Syariah pada PT. Khansa Property Syariah Perspektif Fikih Muamalah ]]>
<![CDATA[Khaerul Aqbar]]>;
<![CDATA[Iskandar Iskandar]]>;
<![CDATA[Awal Rifai Wahab]]>;
<![CDATA[Abdul Aziz Husaini]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.670
<![CDATA[This study aims to know and understand management and the application of sharia property contracts at PT. Khansa Properti Syariah in the perspective of fiqh muamalah. This research is a qualitative field research using a normative juridical approach. Data collection methods used in this study were interviews and documentation. The results of the study show that in management there are three stages, namely planning or marketing, launching or during marketing, and post-marketing. PT. Khansa Property Syariah pays great attention to location determination, pricing, building quality, services, buying and selling transactions, promotional media, and the Islamic environment. The practice of applying the contract of sale and purchase of property by PT. Khansa Property Syariah uses the bay' istiṣnā` contract in the sale and purchase transaction of the property in accordance with the muamalah fiqh perspective because the buyer has the right to discuss the contents of the contract but within the limits given by PT. Khansa Property Sharia. Likewise, management and marketing have fulfilled the terms of sale and purchase and do not conflict with Islamic law according to the perspective of muamalah fiqh. The implications of this research for PT. Hopefully Khansa Properti Syariah in the future will always implement the implementation of buying and selling according to Islamic law. In carrying out the property business, the company should also have large capital even without involving a bank, so that buyers do not have to wait long for their houses to be built.]]>
<![CDATA[Mahar Politik pada Pengusungan Kandidat Pemilihan Umum Kepala Daerah di Kabupaten Bolaang Mongondow Selatan dalam Perspektif Hukum Islam ]]>
<![CDATA[Kasman Bakry]]>;
<![CDATA[Ihwan Wahid Minu]]>;
<![CDATA[Novia Amalia Safitri]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.671
<![CDATA[This study aims to determine the perspective of Islamic law on political dowry involving political parties and regional head general election candidates. This study use a type of qualitative research (non-statistical) which focuses on field research (field research) using a normative and phenomenological approach. Data processing and analysis techniques refer to the interactive model concept, which is a concept that clarifies data analysis in behavioral steps, including data reduction, data presentation and drawing conclusions. Political dowry actually happened and is something that is forbidden because it is equivalent to risywah or bribery. The results of this research can be a source of knowledge and material for reflection for those who want to be part of the leadership of a region in a vanity way so that the value of honesty will be given more attention to maintain the stability of democracy.]]>
<![CDATA[Tinjauan Hukum Islam terhadap Pendistribusian Dana Zakat untuk Kegiatan Produktif dan Kemaslahatan Umum ]]>
<![CDATA[M. Kasim]]>;
<![CDATA[Imran Muhammad Yunus]]>;
<![CDATA[Ilham Thalib]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.673
<![CDATA[This study aims to find out and understand the form of distribution of zakat funds for productive activities and public benefit in the view of Islamic law. The problems that the authors raise in this study are; First, what form is the distribution of zakat funds for productive activities and public benefit? Second, how is the review of Islamic law regarding the distribution of zakat funds for productive activities? Third, how is the review of Islamic law regarding the distribution of zakat funds for public benefit? This research is a qualitative descriptive research (non-statistical), which focuses on the study of manuscripts and texts, using normative and historical approaches and using deductive and comparative analysis methods. The research results found are as follows; The distribution of zakat funds for productive activities is divided into two forms, namely: non-investment and investment. Meanwhile, the form of distribution of zakat funds for the public benefit is that zakat is distributed to other than mustahik mentioned by Allah SWT. such as building bridges, repairing roads, and so on. The distribution of zakat funds is permitted in other forms as needed, productive goods such as goats, razors, etc., as well as in the form of business capital if the distribution is disbursed directly to the mustahik (non-investment).]]>
