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[Penggunaan Qawā’id Fiqhiyyah sebagai Metodologi Istinbat Hukm oleh Majlis Tarjih Muhammadiyah dan Lajnah Bahsul Masail (LBM) Nahdhatul Ulama (NU) ]]>
<![CDATA[Safriadi Safriadi]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1112
<![CDATA[Qawā'id Fiqhiyyah has an important role and position in the legal discovery process by the Tarjih Council and LBM NU, as stated in the framework of the Majlis Tarjih and LBM NU. This research focuses on answering 2 important things, 1) the use of the Qawā'id Fiqhiyyah mechanism as a methodological argument, 2) the contribution of Qawā'id Fiqhiyyah to contemporary legal discoveries in Lajnah Bahsul Masail (LBM) Nahdhatul Ulama (NU) and Majlis Tarjih Muhammadiyah. This research is an analytical and qualitative descriptive research with a logical philosophical and empirical approach. The results are first. The mechanism for using Qawā'id Fiqhiyyah as methodological proof is carried out by linking (Ilḥāq) a new case with an old case that already has a legal answer under the basis of Qawā’id Fiqhiyyah . Second, the contribution of Qawā'id Fiqhiyyah in the discovery of contemporary law in the LBM as a reinforcement for the decisions taken, is used as supporting evidence, especially since tanẓīr and ilḥāq are needed to develop the insight of Fiqh, but if the main evidence is that no legal answers are found, Meanwhile, Qawā'id Fiqhiyyah contribusion the Muhammadiyah Tarjih Council is the main evidence for finding/istinbāṭ law. From these two institutions it can be analyzed that Qawā'id Fiqhiyyah is used and required in legal istinbāt, but the proportion is still supporting the main evidence.]]>
<![CDATA[Tradisi Peminangan di Desa Sukosari, Jumantono, Wonogiri, dalam Perspektif Syariah ]]>
<![CDATA[Suratno Suratno]]>;
<![CDATA[Miftah Inayatul Af’ida]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1118
<![CDATA[Peminangan tradition in Sukosari Village, Jumantono, Wonogiri is a combination of the Shari'a that recommends sermons and the traditions that package them. This research aims to determine the marriage tradition in Sukosari Village, Jumantono District, Wonogiri Regency, Central Java and its conformity with sharia. This field research uses qualitative methods by collecting data through observation, supporting documents and interviews. The analysis obtained in this research is that this proposal tradition is unique to the local community, however, several things need to be taken into account regarding its suitability from a sharia perspective. Some recommendations for this tradition to comply with sharia are that the distance between the peminangan and marriage should not be too far, because there is an announcement of the proposal, if the marriage is canceled it will make the bride and groom very embarrassed. At the peminangan event, the positions of the guests watching the event should be arranged in such a way as to minimize ikhtilat. And a very important suggestion is that the process of exchanging rings, especially those worn by men, should be replaced with something other than gold and the handover should not be carried out directly by the bride and groom, to avoid touching the non mahrom. It is hoped that this research can provide constructive input for figures, leaders and the community of Sukosari, Jumantono, Wonogiri villages so that this unique tradition can be preserved by paying attention to its compatibility with sharia.]]>
<![CDATA[Analisis Maslahat Imam al-Ghazali dalam Penahanan Akta Cerai sebagai Upaya Jaminan Perlindungan Hak-hak Perempuan Setelah Perceraian ]]>
<![CDATA[Siti Fauzizah]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1125
<![CDATA[This study aims to analyze Imam al-Ghazali's maslahat view of the provision of withholding divorce certificates as a government effort to ensure the protection of women's rights after a contested divorce. This research uses normative juridical methods which include library research by examining library materials or secondary data sources with data collection techniques using the istislahi approach. The results of the study show that the instrument of the Supreme Court's Religious Justice Agency Letter Number 1960/DJA/HK.00/6/2021 is an information accessibility to guarantee women's rights after divorce, especially a contested divorce, in the form of withholding the Defendant's divorce certificate until he meets the Plaintiff's demands, which can be included when making a divorce suit. This letter is a policy that regulates the smooth administration of justice, it is not binding but has legal relevance to achieve benefits. Regarding the determination of maintenance after a contested divorce (divorce bain) which has not been regulated, but as legal events develop, it may be determined as long as the wife is not proven to be nusyuz and the woman who files for a contested divorce is considered an oppressed party and is at risk of being vulnerable so that it should be protected to preserve her soul as one of the objectives of Islamic law. However, from the aspect of implementation, there is no grace period for fulfillment, so there is no legal certainty in the fulfillment of the plaintiff's demands and the benefit is not achieved.]]>
<![CDATA[Penggunaan Kontrasepsi Darurat Berdasarkan Permenkes No. 97 Tahun 2014 Perspektif Maqāṣid al-Syarī’ah ]]>
<![CDATA[Herdiansa Herdiansa]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1139
<![CDATA[The use of contraception is one of the steps used by the Indonesian Government to support the “Kelurga Berencana” (KB) program. The various types of contraception regulated according to the Permenkes No. 97 of 2014 is emergency contraception, that can be used with the aim of preventing unwanted pregnancy and is used after sexual intercourse. The research aims to be an strengthens of previous research with the same discussion. However, in this research the authors used a different analytical tools to analyze this by using the theory of maqāṣid al-syarī'ah. The type of research is the library research method with the data collection process referring to primary, secondary data sources and also other supporting sources in this research. This research uses a normative juridical approach, an approach that seeks the truth of a matter, including legal concepts and principles from all sources of something (cases, laws or regulations). The results of this research are emergency contraception (KONDAR). If analyzed from the concept of maqāṣid al-syarī'ah, it can be concluded that the use of KONDAR is a functions as an effort to prevent the birth of children who do not have a clear lineage status because their mothers are victims of sexual violence. In terms of saving life and lineage, the use of KONDAR is a form of the main benefit of hifz al-nasf and the main benefit of hifz al-nasl.]]>
<![CDATA[Problematika Sistem Presidential Threshold Ditinjau dari Maqāṣid al-Syarī’ah ]]>
<![CDATA[Jamrud Zaman]]>;
<![CDATA[Kasuwi Saiban]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1248
<![CDATA[The presidential threshold is a threshold requirement for a political party or a coalition of political parties supporting a presidential and vice-presidential candidate pair using the percentage of the DPR seat acquisition or the national valid vote acquisition in the DPR general election. The presence of this presidential threshold is a barrier to the right to equal opportunity in government. This research aims to evaluate the various rights that have been violated by the presidential threshold policy from the perspective of human rights and maqashid sharia as a new view of the efforts to reform a just law. This research includes normative research with statutory and legal policy approaches. The results and discussion of this research are that the general election law related to the presidential threshold has been tested by the Constitutional Court. However, the Court always rejects the application because it is of the opinion that the presidential threshold is an open authority of the legislator based on the delegation of Article 6A Paragraph (5) of the 1945 Constitution. The rejection resulted in disappointment for the Indonesian people because it was considered to limit the right to become a leader. In the perspective of Maqāṣid syarī'ah, the presidential threshold policy has also violated hifdzu 'aql. Therefore, in the future, fair legal reform efforts must be realized, namely by amending Article 6A Paragraph (2) related to presidential requirements to clearly regulate and close the loopholes of interpretation by the legislators and moral development of constitutional judges so that they really fight for the rights of citizens with a further view of the constitution.]]>
<![CDATA[Sejarah Kedudukan Taqnīn dan Posisi Taqnīn dalam Hukum Islam ]]>
<![CDATA[Sisi Diyarti]]>;
<![CDATA[Salma Salma]]>;
<![CDATA[Meirison Meirison]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1261
<![CDATA[Qanun is a series of choices that guide human life in acting and must be obeyed even though they feel pressure from experts. Currently, the challenged Qanun is considered a formalization of Islamic regulations, especially sharia regulations, which are considered restrictive and generally relevant by public authorities. The presence of Qanun in recent times is a consequence of the many regulations that have developed, especially due to the influence of European regulations in general. This research uses qualitative research methods with library research techniques. This research aims to analyze the history of taqnīn, procedures for forming qanuns, the coercive power of qanuns, and the position of qanuns in Islamic law. The research results show that currently qanun are seen as part of Islamic guidelines, especially sharia guidelines prepared by open experts that are both restrictive and generally relevant. The presentation of Qanun in this modern era, from one point of view, is seen as the progress of Islam in developing its Shari'a and implementing the guidelines contained therein. According to a limited view, the use of the term qanun in Islam can mean unclear guidelines or guidelines created by humans, where the resulting guidelines are the result of the ijtihad of a person or group of scientists on a problem. According to the general view, Qanun is a series of choices that guide human life in acting and must be obeyed regardless of pressure from public officials.]]>
<![CDATA[Analisis Pengaruh Keputusan Resign dari Bank Konvensional terhadap Keharmonisan Rumah Tangga (Studi Kasus pada Komunitas Xbank di Kota Balikpapan) ]]>
<![CDATA[Maghficilla Yeria Anugerah Gusti]]>;
<![CDATA[Winning Son Ashari]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1282
<![CDATA[The decision to resign from a job is not easy for some people, especially since this job is a dream job and has promising job prospects such as being a bank employee, but of course this decision has been carefully thought out for people who want to leave that job. For someone who is married, the decision to resign certainly has an impact on their home life. The aim of this research is to examine the causes and influence of the resignation of the XBank community in Balikpapan City from conventional banks on household harmony. This type of research is field research. Researchers collected data by conducting interviews with members of the XBank community in Balikpapan City. The research results revealed that the reason the XBank Community in Balikpapan City decided to resign was the existence of usurious activities and transactions. Another reason was found to be changes in terms of time spent with family due to a break in focus regarding career or family. The influence of the decision to resign from a conventional bank has led to many changes, for example changes in lifestyle and not easily adapting to changes in income at work other than conventional banks where the income is stable and adequate.]]>
<![CDATA[Implementasi SEMA Nomor 1 Tahun 2022 Tentang Dikabulkannya Gugatan Perceraian Perspektif Sadd al-Żarī’ah ]]>
<![CDATA[Wildan Zulfikar Rasyid]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1297
<![CDATA[In a matrial relationship, sometimes promblems arise that result in divorce. If there is a dispute that cannot be resolved, Law Number 1 Year 1974 gives the right to file a divorce lawsuit. The Supreme Court issued Circular Letter (SEMA) Number 1 of 2022 which regulates the requirements for divorce, but is not legally binding. The purpose of this study is to analyze how the impact of the enactment of SEMA Number 1 of 2022 on wises who file for divorce in the perspective of sadd al-żarī’ah. This research uses a normative juridical method with an Islamic legal approach, namely ta’lilī. Based on the results of the research, the enforcement of SEMA Number 1 of 2022 can cause mafsadat. The enforcement of SEMA allows husband to commit domestic violence (KDRT) which threatens the safety of the wife. This contrary to the maqāṣid al-syarī’ah, namely hifẓ al-nafs (self-preservation). The basic consideration of sadd al-żarī’ah is to look at the results and consequences of an action. Thus, in accordance with the concept of sadd al-żarī’ah, the enactment of SEMA Number 1 of 2022 can change its law to be prohibited, because it has a mafsadat impact on the wife.]]>
<![CDATA[Status Kewarisan Kafir Khafy Perspektif Hukum Islam ]]>
<![CDATA[Muttazimah Muttazimah]]>;
<![CDATA[Munira Munira]]>;
<![CDATA[Annisa Miftahussaadah]]>;
<![CDATA[Muhamad Saddam Nurdin]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1324
<![CDATA[This research aims to find out how the inheritance of someone whose unknown disbelief or deliberate is concealed. This research uses a type of qualitative (non-statistical) descriptive research, which focuses on the study of manuscripts and texts, using normative approach methods. The findings of the research are as follows: The term unbeliever khafy is not a term in the law of inheritance, but it is a phenomenon that often occurs when there are members of families of different religions. A murderer who hides his iniquity will be condemned to disbelief. When the unbeliever is an heir, he is punished as his family is known. When the news of disbelief comes to them and it is revealed that the heir had changed faith or disbelieved, the scholars differ in the matter. But what is agreed by the majority of scholars (Imam Mālik, Imam Syāfi’i, and Imam Aḥmad) is the view that the murderer cannot inherit his property to the heir and does not have the right to receive the inheritance as the original disbeliever. The riches of the unbelievers shall be the property of the faithful, whether it be in Islam or when it is in disobedience. When the unbeliever is an inheritor, it is necessary to see when he fails. If he dies before or after the heir, he shall be condemned to disbelief, and his inheritance shall be returned to the rightful heir. Those who disbelieve will be punished by their wages and will be given an inheritance.]]>
<![CDATA[Konsep Etis Religius dengan Pendekatan Maqashid Syariah Perspektif Thaha Abd Al-Rahman ]]>
<![CDATA[Edo Segara Gustanto]]>;
<![CDATA[Asmuni Asmuni]]>;
<![CDATA[Rusdi Rizki Lubis]]>
<![CDATA[ BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): 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.v5i1.1341
<![CDATA[This study aims to understand and analyze the concept of religious ethics in the Maqasid al-Shariah approach according to Thaha Abd al-Rahman. The method used is a qualitative method with a philosophical approach and textual analysis. Data were collected through literature studies, interviews, and document analysis. The results of this research indicate that the thoughts of Thaha Abd Al-Rahman provide valuable contributions to the development of a contextual, ethical, and relevant Islamic paradigm for the current era. By integrating alternative modernity concepts, belief as a foundation, religious ethics, and maqasid shariah, Taha Abd Al-Rahman forms a solid foundation for the realization of a just, equitable, and ethical society in the modern era. The implication of this research is that the concept of religious ethics in the Maqasid al-Shariah approach by Taha Abd al-Rahman can be a guide for Muslims in their daily lives. It is recommended that educational institutions, both formal and informal, introduce this concept to the community to improve their understanding of religious ethics in Islam.]]>
