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Azwar Iskandar
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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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Latar Belakang Sosial Lahirnya Mazhab Hambali Rahmat, Rahmat
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): 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.v1i3.204

Abstract

The fatwas or fiqh views of scholars in the past were basically born as a reaction to social phenomena that emerged in society. Not only looking at the problems of society in general, but it also responded to government’s or the caliph’s policies in their time. Imam Ahmad bin Hambal is one of the great scholars whose school of thought until this day has developed throughout the world. It is undeniable that the socio-political background was the forerunner of the growth and development of the Hambali School to the digital era today. For this reason, the purpose of this study is to determine the social background of the emergence of the Hambali School and the influence or correlation of social life at the time of Imam Ahmad bin Hambal with his views in the field of fiqh and ushul fiqh. The research method that used is qualitative descriptive approach with content analysis techniques and library research. Apart from that, essentially, this research applied historical and theological approaches. The results showed that social background seemed to influence the emergence of the Hambali School, among others; theological disputes, political conditions, and the development of sciences (dirasah Islamiyah) were quite rapid in his time, it indirectly had implications to his views in the field of fiqh and ushul fiqh. The implications of this research indicate that scholars should maintain the social conditions of their society, particularly in applying the syar'i> propositions, so that the fiqh opinions of Allah ﷻ scholar should not be seen only from a pure discussion of its syar'i> propositions.
Konsep al-Falah dalam Islam dan Implementasinya dalam Ekonomi Khaerul Aqbar; Azwar Iskandar; Akhmad Hanafi Dain Yunta
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 3 (2020): 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.v1i3.206

Abstract

The study aims to: (1) know the epistemology and concept of al-fala>h in Islamic perspective; (2) know the implementation of al-fala>h concept in micro and macroeconomic. The study uses a qualitative-descriptive approach with library research technique. The results showed that in Islamic epirstemology, al- al-fala>h defined as all forms of happiness, luck, success and prosperity that is perceived by a person, both born and inner, which it can be feeled in the world and in the hereafter, from all sides and dimensions (comprehensive) in all aspects of life. The concept of al-fala>h demands a muslim to be oriented to the community in every activity, where the hereafter becomes the ultimate goal of the process in the world continuously, while the material facilities in the world can be maximised to maximize the implementation of worship to God more perfectly. Al-fala>h is a multidimensional concept that has implications on the aspects of individual behaviour (micro) and collective behavior (macro), namely survival, freedom of desire, strength and self-esteem and spirituality.
Adat Mappasikarawa pada Perkawinan Masyarakat Bugis Perspektif Hukum Islam (Studi Kasus Desa Kaballangan Kabupaten Pinrang) Syandri, Syandri; Bakry, Kasman; Salman Al Farisi
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (2020): 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.v1i4.249

Abstract

This study aimed to determine the tradition Mappasikarawa in the marriage of the Bugis community from the perspective of Islamic law. The problems studied in this research are; First, how is the marriage tradition of the Bugis community, Second, what is the view of Islamic law on the Mappasikarawa tradition in Kaballangan Village, Duampanua District, Pinrang Regency, South Sulawesi. To find the answers to the above problems, the writer used the qualitative method (field research) by using normative, historical, and sociological approaches. The results of the research found are as follows: First, the Mappasikarawa tradition in the marriage of the Bugis Pinrang community is one of the activities performed before the marriage contract with the aim that the bride and groom get happiness, peace, prosperity, physically and spiritually in their life. Second, in the view of Islamic law, the Mappasikarawa tradition is not permissible in reference to a process that violates the rules of Islamic law in its implementation where the bride and the groom in direct contact before being a legal partner since Mappasikarawa is performed before the marriage contract. It means that there is an illegal interaction between two people who are not yet included in the mahram category
Pelaksanaan Salat Jumat di Tempat Kerja Selain Masjid di Masa Pandemi Covid-19 Berdasarkan Perspektif Hukum Islam Mahmuddin, Ronny; Akbar, Fadhlan
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (2020): 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.v1i4.262

Abstract

This study aimed to describe the law of Friday prayers in offices or workplaces such as in fields, halls, mushalla, and for example in other places than mosques during the Covid-19 pandemic based on the propositions of the Koran, hadith, and fiqh principles as well as the opinions of the scholars. This type of research was a qualitative descriptive study using a literature review method in collecting data with a legal-normative approach. The results of this study indicate that the law of conducting Friday prayers in other than mosques during the Covid-19 pandemic is permissible based on the propositions of the Koran, hadith, fiqh principles, and the words of the scholars. However, if the nearest mosque can accommodate all worshipers even though they are in a tenuous prayer position during the Covid-19 pandemic, then employees are required to conduct Friday prayers at the mosque based on the opinion of most scholars, unless there is a necessity such as a remote mosque or a small mosque which cannot accommodate many worshipers or other justified age, Friday prayers are allowed at their workplace. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.
Menakar Undang-undang Pornografi dalam Perspektif Hukum Islam dan Maqāṣid al-Syarīʿah Ikhsan, Muhammad; Jannah, Sa'adal; Awal Rifai
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (2020): 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.v1i4.264

Abstract

This article aimed to give consideration to the existence of the Pornography Law in Indonesia. This law should be appreciated as an effort to stem the flow of pornography which is supported by the fast current of technology. In this article, the Pornography Law will be viewed from a philosophical perspective on Islamic law, particularly Maqasid Syari’ah. This study employed a qualitative descriptive research method that focuses on the study of script and using a normative theological approach. The result of the study reveals that the existence of the pornography law must be appreciated because it aims to improve the morals of the nation's children. From an Islamic perspective, the Pornography Law is seen from two aspects, namely Maqashid Syari’ah as the argumentative basis and hudud and ta’zir as the basis for imposing sanctions. The implication of the research is that application of the pornography law can be maximized and is able to see things that need to be improved in it.
Hukum Idah Perceraian bagi Wanita Hamil Akibat Perbuatan Zina Rahmat, Rahmat; Indriani, Sri
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (2020): 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.v1i4.268

Abstract

Marriage and divorce of women who have become pregnant as a result of adultery are problems that are given attention in the discussion of Islamic jurisprudence. Marrying a pregnant woman due to adultery has been a polemic among Islamic scholars since long ago in various countries, including in Indonesia until it was finally stipulated in the Book of Compilation of Islamic Law which became an explanation of the Law on Marriage. Divorce after marriage, which is preceded by pregnancy due to adultery, is also an interesting discussion, especially regarding the issue of idah, or the waiting period for women who are pregnant and subject to divorce. Idah or waiting period has been prescribed by Islam for the noble purpose of maintaining the authenticity of one's lineage so as not to mix with others. This problem was studied from a socio-cultural normative perspective, which compares the arguments and factual conditions, thus giving different values. Law of idah can differ from one woman to another, based on the type of divorce or the process of breaking the marriage bond, as well as on the woman's condition. The law of divorce for women who are pregnant that is the birth of the child they are carrying can also apply to women who are divorced, while they are pregnant as a result of adultery.
Eyelash Extension dalam Perspektif Hukum Islam Iskandar, Iskandar; Sari, Hijrayanti; Atika, Nurul
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (2020): 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.v1i4.269

Abstract

This study aimed to identify the law of using eyelash extensions from the perspective of Islamic law, as well as what the scholars think about it. To get answers to this problem, descriptive qualitative research (non-statistical) was used which focused on the study of texts and texts and used historical and phenomenological approaches. The research results found are; First, eyelash extension is a method of lengthening and adding lashes with the aim of adorning or beautifying the eyes. Second, the eyelash extension procedure is done by gluing the lashes together with the original perimeter lashes using a special glue. As for the impact of eyelash extensions, it causes eyelashes to fall out, irritation, allergies, and eye injuries. Third, in determining the law of eyelash extensions from an Islamic perspective, the authors explore the law by applying eyelash extensions to the hair, and in this case, the scholars have different opinions. If real (human) hair is used, the majority of scholars forbid it. As for using synthetic hair, the scholars have different opinions, some permit while some others absolutely prohibit using either real hair or synthetic hair, and there are also those who differentiate the law by seeing whether the woman is married or not. If a woman is not married, it is not allowed, as for those who
Euthanasia dalam Perspektif Kaidah Fikih al-Ḍararu Lā Yuzālu bi al-Ḍarar Bakry, Kasman; Patuti, Asnawati; Andi Nur Afifah Ikrimah
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (2020): 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.v1i4.271

Abstract

Eutanasia is an attempt, action and assistance carried out by a doctor intentionally accelerating the death of a person, which he estimates is nearing death with the aim of alleviating or freeing his suffering. This study aims to determine and understand the practice of Eutanasia in the perspective of the principle of fiqh al-ḍarar lā yuzālu bi al-ḍarar. The problems that the authors raise in this study are: First, how to apply Eutanasia in the perspective of medical ethics. Second, how is the concept of the principle of fiqh al-ḍararu lā yuzālu bi al-ḍarar. Third, what is the position of Eutanasia in the perspective of the rules of al-larar lā yuzālu bi al-ḍarar. To get answers to these problems, the authors use descriptive qualitative (non-statistical) research that focuses on the study of texts and texts. And using the method of historical, juridical-ormative and philosophical approaches. The research results found are as follows; First, Eutanasia is contrary to the medical code of ethics, although this practice is applied in several countries through procedures and requirements that must be met. The two harms must be removed but cannot be eliminated by the other harm. Third Eutanasia is divided into two, namely active Eutanasia and passive Eutanasia. Active Eutanasia of scholars agree that the law is haram, whereas passive Eutanasia there are differences in ulama in it.
Khiyār al˗Majlis dan Aplikasinya dalam Jual Beli Modern (Studi Komparatif Pandangan Jumhur Ulama dan Imam Malik) Muhammad Taufan Djafri; Patahuddin, Askar; Ridha, Muhammad
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 4 (2020): 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.v1i4.273

Abstract

This article aims to find out the jurisprudence khiyār al˗majlis according to Imam Malik and Jumhur Ulama, and to know the application of khiyār al˗majlis in modern buying and selling. This study uses qualitative methods with library research (library research) with content analysis of the selected data sources. The research results obtained: First, according to the Jumhur Ulama khiyār al˗majlis can be done either in person or online. Second, According to the Maliki School of Khiyār al-Majlis it is not allowed and what can be done is Khiyār. Requirements before transactions such as delivery of goods, as well as Khiyār disgrace when a buyer finds a deficiency / defect in the goods that have been purchased. Third, the application of Khiyār al-Majlis in modern buying and selling or online shop in the form of the right to continue or cancel the sale and purchase between the seller and the buyer, this can be done if one of the two requires a khiyar within a certain time and they are still in one transaction until he / she is receive the goods and this is in accordance with the opinion of the jumhur ulama, whereas according to Imam Malik it is not allowed because this can damage the terms of sale and purchase.
Nikah dengan Lafaz Hibah (Studi Komparatif Antara Jumhur Ulama dan Imam Abu Hanifah) Muhammad Taufan Djafri; Islahuddin Ramadhan Mubarak; Vaizki M. Rusli
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 2 No 1 (2021): 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.v2i1.278

Abstract

This study aims to determine and understand the law of marriage with lafaz grants according to the jumhur of scholars and Imam Abu Hanifah. In this study, the authors used a library research type using a normative juridical approach and comparative analysis. The research results found are as follows; First, a grant-based marriage is not recommended according to the jumhur of scholars because the number of scholars only allows lafaz of marriage with lafaz al-nikah and al-tazwij as usual. Second, a marriage with a grant name may be in the Imam Abu Hanifah mazhab because while it is still in the form of ownership transfer, the name may be used in the implementation of the marriage contract. So the use of lafaz grants in a marriage contract is not allowed in the view of the jumhur of scholars, but it is okay for anyone who wants to use Imam Abu Hanifah's opinion about permitting to use the lafaz grant in a marriage contract, because this is just a difference in fiqh issues that sometimes the scholars differ in interpreting or understanding an argument.

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