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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 226 Documents
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Konsep Maisir dalam Pandangan Fukaha dan Relevansinya pada Asuransi Konvensional: The Concept of Maisir in the View of Fuqaha and Its Relevance to Conventional Insurance Gozaly, Ahmad Yusdi; Dheddy Abdi Tamba; Nurrohman Syarif
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.1862

Abstract

This study aims to analyze the concept of maisir in Islam according to the views of the fuqaha and then relate it to conventional insurance and sharia insurance and the relevance of the concept of maisir in the context of conventional insurance in Indonesia, which is increasingly developing along with the needs of financial protection for the community. This research uses an analytical descriptive method which aims to analyze certain objects, conditions, or phenomena in natural or real conditions (without experiments) to compile a systematic overview and provide detailed, factual, and accurate descriptions. This type of research is a type of library research by reviewing the opinions of Ulama on the concept of maisir according to Fuqaha in the Fiqh literature and then reviewing its relevance to conventional insurance practices. The results of the study indicate that conventional insurance contains elements of maisir, because in practice there are aspects of speculation of chance so that it is possible for the perpetrators to be in two unclear states between profit or loss. This is because conventional insurance uses a tijari contract instead of a tabarru' contract. Therefore, this study recommends the development of a sharia-based insurance model based on the principle of ta'awun (mutual assistance) and fair risk sharing in order to provide an alternative that is in accordance with Islamic law.
Operasi Chondrolaryngoplasty dalam Perspektif Fikih Islam: Chondrolaryngoplasty Surgery in the Perspective of Islamic Fiqh Rosmita, Rosmita; Santi Sarni; Nur Anita
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.1890

Abstract

This study aims to determine the nature of chondrolaryngoplasty surgery and to determine the perspective of Islamic jurisprudence on chondrolaryngoplasty surgery. The research method used is descriptive qualitative, namely library research and using normative, perspective, phenomenological and health approaches. This study found that: first, Chondrolaryngoplasty is a type of plastic surgery to change the shape of body organs with surgical methods and is a type of surgery performed on the larynx or throat to change the shape and size of the laryngeal cartilage, the effect of chondrolaryngoplasty surgery is to produce a more feminine or masculine angle on the neck. Second, the law of chondrolaryngoplasty surgery in Islamic jurisprudence is haram when this procedure is carried out only for aesthetic purposes, namely to beautify or beautify and change the creation of Allah Swt., but there are exceptions when this surgery is darurīyyāt then the law becomes mubah. However, cases like this are still rare. As for the implications of this study, it is expected that someone who will undergo a chondrolaryngoplasty surgery procedure must first know and study the law of this surgery, so as not to fall into sin, namely changing the creation of Allah Swt., and individuals who want to undergo chondrolaryngoplasty surgery must first consult a specialist doctor in this field, to minimize side effects after undergoing chondrolaryngoplasty surgery.
Kedudukan Wali dalam Perkawinan dan Konsekuensi Hukumnya (Studi Kasus di Desa Hiang Tinggi Kerinci) : The Position of the Guardian in a Marriage and Its Legal Consequences (Case Study in Hiang Tinggi Kerinci Village) Ayu Lestari, Risna; Darlius, Darlius
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.1943

Abstract

This research aims to reveal the reasons why nasab guardians do not become guardians in marriages as well as the reasons why mosque administrators become substitute guardians and the legal consequences of wrongly using guardians in marriages. This research method is qualitative with a case study approach. Primary data was obtained from traditional leaders, administrators, KUA officials, and nasab guardians. Data was collected through interviews and direct observation, then the collected data was analyzed using descriptive techniques. Based on the research results, the factors that cause religious guardians to be unwilling to become guardians are old age and health, worship, distance, lack of self-confidence, and the duties of mosque administrators. The reasons for the mosque administrator to become a substitute guardian; First, customary provisions and agreements. Second, there is a lack of socialization and cooperation between the village government, traditional leaders and the KUA regarding marriage law. The legal consequences of marriage include fasakh, namely a marriage that does not meet the requirements resulting in fasakh marriage, this is based on law no. 16 of 2019 amendments to law no. 1 of 1974 articles 22, 26 paragraphs 1, 27 paragraphs 1 and 2, and based on KHI article 71 letter e and the provisions of fiqh. The status of the nasab guardian who was replaced by the mosque administrator due to ungodly factors is that his marriage position is valid. However, if the guardian of the nasab had not expired and was replaced by the mosque administrator, the marriage was annulled so the marriage contract had to be repeated.
Suap (Risywah) untuk Mempertahankan Hak Milik dalam Perspektif Imam al-Nawawī: Bribery (Risywah) to Maintain Ownership in the Perspective of Imam al-Nawawī Muhamad Saddam Nurdin; Hendra Wijaya; Ahmad Abdullah; Muttazimah, Muttazimah
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.2023

Abstract

Bribery (risywah) is a widespread issue affecting various aspects of life, such as law, economics, and education, and it contradicts the norms of decency and the moral principles of Pancasila. In both Islamic law and Indonesian positive law, bribery is considered haram, although some scholars provide exceptions for preserving property rights. Generally, bribery is forbidden and must be avoided, as it can harm the rights of others and society. This study aims to examine Imam al-Nawawī's view on the legality of bribery to protect property rights. The research employs a descriptive qualitative method with a library research approach, focusing on the study of manuscripts and texts, using normative and conceptual approaches. The findings reveal two scholarly opinions: first, scholars have two views on bribery: it is either absolutely forbidden or forbidden with certain exceptions. Second, Imam al-Nawawī argues that bribery to protect property rights is permissible under emergency conditions, similar to paying ransom to free Muslim captives. The implications of this study contribute to contemporary Islamic legal discourse and serve as a reference for society in understanding the proportional boundaries of bribery law.
Analisis Penggunaan TikTok sebagai Media Marketing Perspektif Kaidah Fikih Dar’ul Mafāsid Muqaddamun `alā Jalbi al-Masāliḥ: Analysis of the Use of TikTok as a Marketing Media from the Perspective of the Islamic Legal Maxim of Dar’ul Mafāsid Muqaddamun `alā Jalbi al-Masāliḥ Qonitah Amatullah Zain; Muhamad Arifin; Imron Rosyadi
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.2029

Abstract

This study aims to analyze the use of Tiktok as a marketing medium by using the perspective of the fiqh rule Dar'ul Mafāsid Muqaddamun `alā Jalbi al-Masāliḥ. This research includes qualitative research and literature study using a descriptive approach to the characteristics of the Tiktok application. The results of the research found that TikTok has mafsadah and maslahah that should be considered for use for a Muslim in general and business people in particular. On a macro scale, namely looking at the scope of pluralistic society and the realities of use in general, this rule can be applied in punishing the use of the Tiktok application in general and specifically as a marketing medium. The mafsadah arising from the use of Tiktok intersects a lot with the values of maqashid al-syari`ah, especially in terms of protecting the soul, religion and honor. So for the sake of long-term benefit it is necessary to apply this rule, namely preventing these mafsadah by reducing, regulating or eliminating the Tiktok application altogether. As for the micro-scale use of each individual, this rule cannot be applied because the mafsadah caused from a personal point of view and use is still not strong enough to be the reason for the urgency of prevention because some individuals have reasons for greater mafsadah if they close the use of Tiktok at once, such as the reason for fulfilling basic life needs that can harm them if not fulfilled. So this rule cannot be applied because one of the conditions for applying this rule is that the prevention of the first mafsadah does not cause greater mafsadah afterwards. The results of this study are expected to provide another point of view in terms of fiqh, as well as add broader insight into mafsadat and maslahat to business people who use the Tiktok application as a marketing medium.
Kondisi Haid sebagai Penyebab Qada Salat Perspektif Imam Syafii dan Syekh al-‘Uṡaimīn: The Condition of Menstruation as a Cause for Qada Prayer: The Perspectives of Imam Shafi'i and al-‘Uṡaimīn Nuraeni Novira; Muttazimah, Muttazimah; Mei Rahayu
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.2053

Abstract

In Islam, menstruating women are not obligated to perform prayers (ṣalāh) and are not required to make them up. However, if menstrual blood appears unknowingly when the prayer time has arrived, scholars have differing opinions regarding the obligation of performing the prayer in such a condition. This study aims to examine the views of Imam Shafi'i and Sheikh al-‘Uthaymeen regarding menstruation conditions that necessitate a woman to make up her missed prayers, as well as to identify the similarities and differences in their opinions. The research employs a qualitative descriptive approach (non-statistical), focusing on textual and scriptural studies, using normative, historical, and comparative methods. The findings of this research indicate that a menstruating woman is required to make up her missed prayer if she attains purity at the end of the prayer time and has enough time to perform at least one rak‘ah before the time expires. In this case, she must perform the prayer after taking a ritual bath (ghusl). Additionally, if menstruation begins after the prayer time has entered, but she has not yet prayed, she must make it up after attaining purity. This opinion is held by both Imam Shafi'i and Sheikh al-‘Uthaymeen.Another condition discussed is when a woman attains purity during the time of ‘Asr prayer; according to Imam Shafi'i, she is required to combine it with the Dhuhr prayer. Likewise, if she becomes pure during the time of ‘Isha prayer, she must also perform the Maghrib prayer. However, Sheikh al-‘Uthaymeen disagrees with this view and holds that she is only required to perform ‘Asr or ‘Isha without having to combine it with the preceding prayer.Furthermore, if a woman has attained purity but intentionally delays taking the ritual bath until the prayer time expires, Imam Shafi'i mandates her to make up the missed prayer, whereas Sheikh al-‘Uthaymeen does not obligate her to do so. Instead, he advises her to repent frequently and engage in righteous deeds.
Ketika Anak Melukai: Tinjauan Hukum Islam Tentang Tanggungjawab Pidana Anak dalam Kasus Kekerasan: When Children Injures: Islamic Law Perspective on the Criminal Responsibility of Children in Violence Case Asiyah Jamilah
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.2054

Abstract

This research aims to find out how the law is enforced against children who commit violent crimes from the perspective of Islamic law. The research method used in this research is normative research using library study techniques. The results of the research show that in Islamic law, minors who commit criminal acts cannot be sentenced to kisas because they have not yet reached the age of taklif. However, they can be subject to sanctions in the form of ta'zir as a form of warning and education. Criminal responsibility for children is considered incomplete because they do not yet have full legal capacity. Imposing sanctions takes into account aspects of age, psychological, mental, spiritual maturity and the overall welfare of the child.
Analisis Pertimbangan Hakim di Pengadilan Agama Mungkid Terkait Tidak Diterimanya Izin Poligami yang Terpenuhinya Syarat Kumulatif (No.296/Pdt.G/2021/PA.Mkd): Analysis of Judges' Considerations at the Mungkid Religious Court Regarding the Non-Acceptance of Polygamy Permits That Meet the Cumulative Requirements (No.296/Pdt.G/2021/PA.Mkd) Andra Nugraha; Ali Akbar
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.2063

Abstract

This study aims to analyze the judge's considerations in the case of a polygamy permit application at the Mungkid Religious Court registered with Number 296/Pdt.G/2021/PA.Mkd, where the application was rejected even though the applicant had met the cumulative requirements as stipulated in Articles 4 and 5 of Law Number 1 of 1974 concerning Marriage. The approach used is normative juridical and sociological juridical, with data collection techniques in the form of studying court decision documents and interviews with related parties. The results of the study show that judges do not only consider the fulfillment of formal and material requirements, but also consider aspects of substantive justice, family welfare, and the potential for harm in the future. This decision reflects the judge's authority to interpret legal norms progressively for the protection of the rights of wives and children, as well as a form of judicial control over polygamy practices that have the potential to harm certain parties. Thus, this study contributes to a deeper understanding of the judge's discretion in deciding polygamy cases which is not only oriented towards fulfilling written norms, but also on the principles of justice and protection of the weaker party.
Analisis Pencapaian Tujuan Hukum terhadap Penerapan E-Court di Pengadilan Agama Belopa: Analysis of the Achievement of Legal Goals on the Implementation of E-Court in the Belopa Religious Courts Mohammad Farisan Auzan; Muammar Arafat Yusmad; Firman Muhammad Arif; Wildana Arsyad
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 1 (2025): 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.v6i1.2070

Abstract

This study aims to analyze the implementation, stakeholder perceptions, problems and solutions, as well as the urgency and achievement of legal objectives regarding the use of the e-court application at the Religious Court of Belopa. The research employs interview, observation, and documentation methods with a descriptive qualitative approach. The findings show that the e-court system has been implemented from the administrative stage to the trial process at the Religious Court of Belopa. However, there are still several issues in its implementation. First, the use of the application remains limited, particularly among non-advocate users, compared to legal professionals in case resolution. The main obstacles identified include the electronic payment (e-payment) method, frequent server maintenance of the e-court system, and the public’s limited knowledge. As a result, only active individuals and legal representatives are among the few who regularly utilize the e-court application in legal proceedings. Improving the effectiveness of the e-court system is an ongoing effort to provide the best service to the people of Luwu Regency in accessing justice. The study recommends the establishment of a Memorandum of Understanding (MoU) or cooperation agreement between the Religious Court of Belopa and local banks, upgrading the e-court server by the Supreme Court to a higher capacity to minimize maintenance interruptions, and organizing both direct and indirect training and socialization programs for the Luwu Regency community through collaboration between the Religious Court of Belopa and village government officials.
Konsep Hidup Sejahtera Menurut Quraisy Syihab (Perspektif Maqāṣid al-Syarī’ah): The Concept of Prosperous Life According to Quraisy Syihab (Maqāṣid al-Syarī’ah Perspective) Dewi, Erna; Khairil Fata; Badriah M. Thaib
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 6 No. 2 (2025): 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.v6i2.1864

Abstract

This study aims to analyze the general criteria that are commonly used to measure the happiness and welfare of people's lives and evaluate the conformity of the criteria with the principles of Maqāṣid al-Syarī’ah. This research uses the literature method. Data collection is carried out by compiling primary data sources and secondary data, then discussing them and analyzing the data. The results of this study show that happiness does not have to be in the form of maximizing wealth and consumption, but rather in fulfilling material and spiritual aspects that are balanced and satisfying, and still complying with the principles of Maqāṣid al-Syarī’ah law, namely namely ḥifẓu al-dīn/guarding religion, ḥifẓu al-nafs/guarding the soul, ḥifẓu al-‘aql/guarding the intellect, ḥifẓu al-māl/guarding property, and ḥifẓu al-nasl/guarding descendants. Material needs include clothing, food, board, education, and property, as well as all goods and services that guarantee comfort and happiness. Spiritual needs include obedience to God, spirituality, a happy soul, family and social harmony, and others.

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