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[Kedudukan Akun Trading sebagai Objek Waris Menurut Perspektif Hukum di Indonesia dan Hukum Islam ]]>
<![CDATA[Aqiilah Dahayu Aristawati]]>;
<![CDATA[Muhammad Yogi Galih Permana]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.960
<![CDATA[The state of cyberspace or the virtual world is increasingly advanced because globalization conditions have now reached 5.0, which is able to minimize economic problems, with the help of existing technological developments so that trading can be realized. Consideration of the law in its use and even the position of the trading account as an inheritance object is still something that has not been answered in detail. This research aims to determine the position of trading accounts as objects of inheritance according to Indonesian law and Islamic law. With normative research methods, this research uses a statutory approach. The results of this research found that trading in Indonesian law is permitted, but there is still an overlap in Islamic law which prohibits trading of any kind. Regarding the position of the trading account itself, it is allowed to become an object of inheritance because the trading account is a digital object, where digital objects are included in the type of object that can be used as an object of inheritance, in accordance with legal provisions in Indonesia. According to Islamic law, the position of a trading account as an object of inheritance requires differentiation of assets.]]>
<![CDATA[Fenomena Childfree dalam Pernikahan Perspektif Para Tokoh Nahdatul Ulama Kabupaten Subang ]]>
<![CDATA[Muhammad Dimas Saputra]]>;
<![CDATA[Muhammad Muhammad]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1026
<![CDATA[The majority of married couples want to have children. However, as time goes by, many couples do not want children (childfree). Childfree has now become a lifestyle for several couples in several regions in Indonesia, including Subang Regency. The aim of this research is to answer various kinds of issues behind the presence of childfree in terms of the opinions of Nahdatul Ulama figures in Subang Regency. This type of research is field research. Researchers collected data by conducting interviews with childfree practitioners and several Nahdatul Ulama figures in Subang Regency in response to the childfree phenomenon. The results of the research reveal that there is a similarity in the opinions of the four Nahdatul Ulama figures from Subang Regency, namely that the majority do not agree with the existence of Childfree because it violates the maqāṣid al-Syarī'ah of the purpose of marriage itself, one of the most important of which is maintaining offspring (ḥifẓ al-nasl).]]>
<![CDATA[Islam dan Politik Hukum dalam Undang-Undang Nomor 3 Tahun 2022 Tentang Ibu Kota Negara ]]>
<![CDATA[Ade Andriani]]>;
<![CDATA[Surya Hady Winata]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1031
<![CDATA[This research aims to explain the views of Siyāsah Dustūriyyah, Legal Politics and Benefits regarding the legislation of Law Number 3 of 2022. This type of research is normative juridical research, namely conducting research through legal materials in the broadest sense, usually called library research. ). This research is also descriptive analytical in nature with a normative approach to law enforcement or a law enforcement-based approach (State Approach). The data collection techniques in this research were carried out using literature study and qualitative deductive analysis. The research results show that in the sense of siyāsah dustūriyyah, law number 3 of 2022 already has Islamic principles which do not yet have the principles of shura' and democracy. However, it ignores the role of society in its formation. The Islamic principles applied are the implementation of IKN law through a process of planning, preparation, discussion, determination, dissemination, as well as research and interpretation. Legal Policies and Regulations National Capital Law no. 3 of 2022 does not provide good and fair guidance according to the country's needs. Because the contents of the National Capital Law no. 3 of 2022 is not in accordance with the conditions and needs of the land and people of Indonesia.]]>
<![CDATA[Ketentuan Usia Pernikahan di Afrika Utara (Mesir, Tunisia, Maroko, Aljazair, Libya) ]]>
<![CDATA[Nur Fadhilah Novianti]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1059
<![CDATA[The North African region consists of countries where the majority of the population is Muslim, so family law provisions are regulated based on Islamic law by adopting or combining the views of certain schools of thought. One of the issues that is developing in the study of family law is the age of marriage. This research aims to explore the dynamics of the development of marriage age regulations in Muslim countries. This type of research is qualitative, with a normative approach, where the primary data source used, namely Family Law Laws in each country, is collected through library research or literature study, and analyzed descriptively qualitatively. The research results show that in several countries, the marriage age provisions vary; Egypt (18 years), Tunisia (18 years), Morocco (18 years), Algeria (19 years), and Libya (20 years). The majority of countries allow marriage dispensations and the marriage age requirement is above the child's age requirement. The implications of this research will be useful for academics who wish to study further contemporary issues of international family law as a scientific reference.]]>
<![CDATA[Analisis Hukum Islam terhadap Tradisi Makkatte Khitan Anak Perempuan Bugis ]]>
<![CDATA[Deden Ilham Rahmani]]>;
<![CDATA[Neni Zakiyah]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1076
<![CDATA[The Makatte' Tradition of Circumcision for Bugis Girls is a traditional practice that has long been an important part of the culture of the Bugis community in Indonesia. This tradition is believed to be an obligation for all women approaching their teenage years. The aim of this research is to find out the Makatte' traditional law carried out in South Sulawesi from an Islamic legal perspective. The research method used is the normative analysis method, namely investigating facts using Al-Qur'an and hadith reasoning, applicable regulations, and maqāṣid al-syarī'ah theory. The results of this research show that in society, the makatte' tradition has five meanings: as a sign of Islam, custom or culture, a symbol of maturity, cleanliness and health, as well as religious teachings and advice. When this teaching was adopted by the community, the community believed that the series of processions had become a responsibility. Then for those who don't implement it, this will have an impact on social impacts. The Koran does not speak clearly about circumcision for either men or women. Meanwhile, the Hadith, which is the second source after the Al-Quran in Islam, speaks very little about circumcision, so it is interpreted and given the impression of only the approval of the Prophet. Islam as a natural religion certainly upholds natural values. Therefore, Islam prioritizes nobility, purity and cleanliness and perfects all aspects of life.]]>
<![CDATA[Perbandingan Hubungan Keperdataan Antara Ayah dan Anak Biologis: Studi Komparatif Indonesia, Malaysia, dan Kuwait ]]>
<![CDATA[Abd Rahman Hidayat]]>;
<![CDATA[Muhammad Handika Suryanto]]>;
<![CDATA[Fatma Tria Arresti]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1086
<![CDATA[This research aims to compare civil relations between biological fathers and children in Indonesia, Malaysia and Kuwait. Through a comparative study approach, this research seeks to analyze the differences and similarities in the civil system that regulates the rights and obligations of fathers towards their biological children. In analyzing the data, a contextual comparative approach was used to understand the legal system that shapes the civil relationship between biological fathers and children in Indonesia, Malaysia and Kuwait. The results of this study show that there are significant differences between the two regions in terms of civil arrangements for biological fathers and children. Indonesia and Malaysia have more opportunities to recognize the rights and obligations of fathers towards biological children, while in Kuwait, the influence of religious and traditional factors play an important role in regulating these relationships. Apart from that, it was also found that there were differences in the legal recognition of the status of biological fathers and the legal protection given to biological children in the three countries.]]>
<![CDATA[Praktek Larangan Perkawinan di Antara Dua Hari Raya (1 Syawal-10 Zulhijah) Perspektif Hukum Islam ]]>
<![CDATA[Mustafid Mustafid]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1087
<![CDATA[This research examines Islamic law's view regarding the prohibition of marriage between two holidays (1 Shawwal-10 Dhu al-Hijjah) in Sungai Apit Village and the nature of the prohibition on marriage in Islam. The method in this research is normative with a sociological and phenomenological approach. The results of this research data show that the reasons behind the emergence of a ban on marriage between two holidays (1 Syawal-10 Dhu al-Hijjah) are first, the majority of Sungai Apit people have migrated to Malaysia and will only return home when the Eid al-Adha holiday approaches. Second, traditional leaders understand that the prohibition on marriage is surrounded by two holidays considered sacred by the community and are not allowed to disturb their sacredness. Third, the people of Sungai Apit from 1 Shawwal to 10 Zulhijah focus on increasing the amount of worship that can only be done at that time. Fourth: customs created for the good of society. As for the review of Islamic law, the prohibition of marriage between two holidays (1 Shawwal-10 Dhu al-Hijjah) is contrary to Islamic law because custom has prohibited something permitted in Islam; even the month of Shawwal is the recommended time for marriage. So, for people who marry between two holidays, the law is permissible.]]>
<![CDATA[Keikutsertaan Wanita dalam Politik Praktis Perspektif Hukum Islam ]]>
<![CDATA[Sri Ujiana Putri]]>;
<![CDATA[Asnawati Patuti]]>;
<![CDATA[Zulfiah Sam]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1090
<![CDATA[This research aims to find out a general overview of women's participation in political parties and how Islam views the role of women in the realm of practical politics. This research uses qualitative research, which focuses more on aspects of in-depth understanding, and uses library research methods with a normative juridical legal approach. The research results found that: (1) Based on Law number 2 of 2011 Article 2 paragraph 2, 30% representation of women can produce decisions that pay more attention to the interests and experiences of women who have been underrepresented; (2) There are differences of opinion regarding the law on women's participation in practical politics. The strongest opinion was the opinion of the majority of ulama who decided that women were not allowed to participate in practical politics. This is based on the strength of the arguments, in addition to the fact that there are no other arguments that contradict these arguments, as well as targeted criticism of the arguments that both allow and cancel their arguments with these arguments.]]>
<![CDATA[Hukum Uang Panai’ (Studi Komparasi Antara Fikih Munakahat dan Fatwa Majelis Ulama Indonesia Sulawesi Selatan Nomor 2 Tahun 2022) ]]>
<![CDATA[Muhammad Istiqamah]]>;
<![CDATA[Muhammad Muhammad]]>;
<![CDATA[Muhammad Ikhsan]]>;
<![CDATA[Ibrahim S.]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1093
<![CDATA[This research aims to determine the comparison of munākaḥāt jurisprudence and Fatwa MUI Sul-Sel No. 2 of 2022 concerning panai money'. The research method used is descriptive qualitative (non-statistical) with library research methods (literature review) which are processed through normative and comparative approaches. The results of this research found that Panai’ according to the South Sulawesi MUI Fatwa Number 2 of 2022 is permissible or permissible with several provisions. In the perspective of munākaḥāt jurisprudence, panai’ is termed as assets required by the bride's father from the groom, both from the dowry and outside the dowry. From this we can understand the difference between the South Sulawesi MUI Fatwa and the perspective of munākaḥāt jurisprudence, namely in terms of legal understanding and results. And this research further strengthens the opinion of munākaḥāt jurisprudence that it is religious or even haram.]]>
<![CDATA[Pertimbangan Hakim dalam Menetapkan Dispensasi Nikah bagi Anak di Bawah Umur di Pengadilan Agama Bangko ]]>
<![CDATA[Gunawan Sayuti]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): 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.v4i3.1111
<![CDATA[The age limit determined by the Marriage Law (Article 7 paragraph (1) No. 16 of 2019) is 19 years for men and 19 years for women. Those who wish to marry according to the provisions of the Law must apply for dispensation to the Religious Court. The aim of this research is to determine the judge's considerations in determining marriage dispensation for minors. As well as the factors behind the request for dispensation from marriage for minors. This research method uses a qualitative method which is more specific to field research, namely research whose object is the judge's considerations in determining marriage dispensations. The results of the research show that the judge's considerations in determining the dispensation for child marriage at the Bangko Religious Court, namely, Considerations Based on Nas, Considerations Based on Fiqh Rules, Juridical Considerations (UU), Sociological Considerations, Considerations Based on Ijtihad and Judge's Analysis. The Bangko Religious Court accepts requests for dispensation for the marriage of children who have not reached the specified age for several reasons, including cases of pregnancy outside of marriage, lack of education regarding religion, financial problems, the impact of information channels or social communication facilities, fear of slander, and changes in laws regarding marriage age. In many cases, judges grant this dispensation as a precaution against the possibility of greater harm.]]>
