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BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Published by Sekolah Tinggi Ilmu Islam dan Bahasa Arab Makassar
ISSN : -     EISSN : 27236021     DOI : 10.36701
Core Subject : Religion,
Religion
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 211 Documents
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Tradisi Peminangan di Desa Sukosari, Jumantono, Wonogiri, dalam Perspektif Syariah Suratno Suratno; Miftah Inayatul Af’ida
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v5i1.1118

Abstract

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.
Analisis Maslahat Imam al-Ghazali dalam Penahanan Akta Cerai sebagai Upaya Jaminan Perlindungan Hak-hak Perempuan Setelah Perceraian Siti Fauzizah
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v5i1.1125

Abstract

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.
Praktik Upah Panjar Molang Sapi Prespektif Hukum Islam di Desa Bongsopotro Kecamatan Saradan Kabupaten Madiun Thorikul Janah; Mohammad Hipni
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v4i3.1133

Abstract

The aim of this research is to find out how the cow molang down payment is used in Bongsopotro Village, Saradan District, Madiun Regency from the perspective of Islamic law. The research approach used is qualitative descriptive field research (field study). normative method, which includes the application of Islamic law to solve problems. The results of the research show that the implementation of buying and selling cattle with molang/intermediaries from other people who are experts in their field is a customary tradition for some people in Bongsopotro village. The payment transaction process for purchasing cattle is payment by down payment or by way of down payment from the total price, up to a number of market days for legi and wages and then paying off the entire money. from Bongsopotro village. In Islamic law, down payment is an order contract (istisna') so it is valid according to Islamic law.
Penggunaan Kontrasepsi Darurat Berdasarkan Permenkes No. 97 Tahun 2014 Perspektif Maqāṣid al-Syarī’ah Herdiansa Herdiansa
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v5i1.1139

Abstract

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.
Penerapan Trias Politika di Indonesia dalam Tinjauan Fikih Siyāsah Rahmat Rahmat; Indah Baharilla
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v4i3.1152

Abstract

This research aims to understand the concept of siyᾱsah jurisprudence, to find out the application of the trias politica in Indonesia, and to find out the review of siyᾱsah jurisprudence regarding the application of the trias politica in Indonesia. This research is qualitative research, which means the data used in the research is qualitative data. Qualitative data includes data in the form of sentences in the form of statements and certain indices except numbers. Meanwhile, the form of research is library research. The results of this research found that the concept of siyᾱsah fiqh is to form a political system of government in a daulah that is based on Islamic law with complete and systematic components in order to achieve the goals of the law. Indonesia, in its system of sharing state power, tends to follow the concept of trias politica put forward by Montesquieu, but the application of this concept is not stated explicitly. The application of the trias politica in Indonesia, which is stated in the 1945 Constitution, is justified by the siyᾱsah fiqh. Because the same concept is also applied by Islamic politics, even though in essence, since its inception, Indonesia was not a country based on Islamic law but contained Islamic values.
Zakat Obligasi dalam Perspektif Hukum Islam Muhammad Taufan Djafri; Hendra Wijaya; Syamsul Rijal
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v4i3.1156

Abstract

This research aims to determine the status of bonds in Islamic law, understand the Islamic law review of zakat on bonds, and find out how to calculate zakat on bonds in Islam. This research is library research using descriptive analysis techniques. The results of this research show that: (1) The status of bonds in Islam is halal and zakat is mandatory; (2) In reviewing Islamic law, scholars have different opinions regarding the issuance of zakat on bonds, the first opinion states that bonds are not subject to zakat because they contain elements of usury, while the second opinion states that zakat is required for bonds along with the interest. The second opinion is a strong opinion because conventional bonds require zakat to be issued on the nominal value of the bond itself at 2.5%. Meanwhile, the zakat that must be paid on sharia bonds, namely from the bond itself, both the bond and its profits, must pay 2.5% zakat; (3) How to calculate zakat on bonds in Islam, namely bonds at PT Bank Mandiri, zakat is calculated based on their nominal value, namely 1000 bonds times IDR 25,000 equals IDR 25,000,000 then 25,000,000 times the zakat rate (2.5%) the result is the same as IDR 625,000.
Keabsahan Tafwīḍ Talak dalam Tinjauan Fikih Munākaḥāt (Studi Komparatif Pandangan Ibnu Qudamah dan Ibnu Hazm) Akhmad Hanafi Dain Yunta; Saifullah Bin Anshor; Moh. Abduh Eing Paramata
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 3 (2023): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v4i3.1206

Abstract

This research aims to find out and understand Ibn Hazm's views regarding tafwīḍ talak to wives. The type of research used in this research is qualitative descriptive research (non-statistical) using the library research method (literature review). The literature review contains theories that are relevant to the research problem. In this section, an assessment of the theoretical concepts used is carried out based on available literature, especially from articles published in various scientific journals. Qualitative research focuses on the general principles that underlie the manifestation of symptom units that exist in human life. The results of this research found that the discussion on the validity of tafwīḍ talak between the opinions of Ibn Qudamah and Ibn Hazm had differences of opinion, Ibnu Qudamah said that tafwīḍ talak was permissible and that talak was valid based on the word of Allah SWT. in Q.S. al-Ahzab/33: 28-29, hadith of 'Ᾱisyah ra. which was narrated by Muslim and Ijma' which relies on the Ᾱisyah hadith. Ibn Qudamah also believes that tafwīḍ talak is permissible and valid, so when a husband hands over his right to talak to his wife, this right remains the wife's right as long as it is not canceled by the husband. Meanwhile, Ibn Hazm believes otherwise, because according to him divorce is only for men. Ibn Hazm's opinion is more inclined towards the rights and obligations of men as heads of the household, so these rights cannot be given to women.
Problematika Sistem Presidential Threshold Ditinjau dari Maqāṣid al-Syarī’ah Jamrud Zaman; Kasuwi Saiban
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v5i1.1248

Abstract

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.
Sejarah Kedudukan Taqnīn dan Posisi Taqnīn dalam Hukum Islam Sisi Diyarti; Salma Salma; Meirison Meirison
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v5i1.1261

Abstract

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.
Analisis Pengaruh Keputusan Resign dari Bank Konvensional terhadap Keharmonisan Rumah Tangga (Studi Kasus pada Komunitas Xbank di Kota Balikpapan) Maghficilla Yeria Anugerah Gusti; Winning Son Ashari
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 5 No 1 (2024): BUSTANUL FUQAHA: Jurnal Bidang Hukum 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/bustanul.v5i1.1282

Abstract

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.

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