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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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Analisis Komparasi Pemikiran Ibnu Hazm dan Syafi’i terhadap Hukum Musik Muhammad Yusram; Wijaya , Hendra; Iskandar , Azwar; Moh. Fadli
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.v1i4.280

Abstract

This research aims to examine the law of music in the review of Islamic law by comparing the opinion that forbidding the music especially from Shafi’i and opinion that allowing the music especially from Ibnu Ḥazm. This research used library research methods with comparative analysis approach. The results found some important findings. First, Ibn Hazm argued that the law of all things that have no clear evidence of it is permissable, including music. There are many flaws in the hadiths and aṡar that are expressed by scholars who forbid music, including the weakness of the mustard and the use of the word in narration that raises doubts in it. Second, Shafi'i allows certain instruments under certain circumstances such as tabla instruments used during war, not for something that neglects such as singing. Shafi'i hates acts that neglect a person from the Qur'an such as listening to a song even though there is a remembrance of Allah. There is a contention or comment from the scholars to Ibn Ḥazm who doubts the validity of Bukhari as a reliable hadith. Third, the differences in scholars on this matter are specific to Ibnu Ḥazm and Shafi'i's views, not including disagreements that allow a person to choose an opinion that he believes based on the evidence he has heard from both. This is because there has been clear evidence of cancelling one of the views of both. In this case, Ibn Ḥazm's opinion of the hadith which he thought was weak turned out to be a valid hadith and agreed upon by most scholars.
Tabungan Emas dalam Tinjauan Hukum Islam (Studi Kasus di Pegadaian Syariah Cabang Pinrang) Khaerul Aqbar; Aswar, Aswar; Muh. Sepriadi
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.v1i4.281

Abstract

This study aims to determine the practice of product contracts and a review of Islamic law on gold savings products in Sharia pawnshops. The research method used a field research approach (filed reaserch) which was qualitative descriptive, and data collection was obtained through observation, interviews and library research (library reaserch), and the research locus was carried out at the Pinrang Syariah Pegadaian Branch. The research results found that; First, regarding the practice, the Pinrang Branch of the Sharia Pegadaian provides many facilities for customers who want to start investing in gold. In addition, Pegadaian Syariah also offers products in the form of Gold Savings, which is a gold buying and selling service with deposit facilities. As for the process of liquidating (selling) gold, it is carried out in two ways, namely by reselling it if the customer wants cash and printing if the customer wants it in the form of gold bullion. Second, the Gold Savings scheme in Sharia Pawnshops is a problematic contract because one of the contracts has an element of usury, to be precise in the murabahah contract, where scholars have different opinions about its abilities. Jumhur ulama agree on the prohibition (because some scholars from syafi'iyyah and malikiyyah argue that gold is included as ṡaman (price, means of payment, money) which cannot be exchanged in installments, because it causes usury and must be done in cash at the time of the contract. Third, DSN MUI and other contemporary scholars consider that the sale and purchase of gold / murabahah gold is permissible both in cash and credit as long as they are not intended as security (price) but sil'ah (goods).
Implementasi Hukum Islam dalam Masyarakat Indonesia (Pendekatan Sosiologi Hukum) Andi Ariani Hidayat; Arifuddin, Qadriani
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.v1i4.285

Abstract

This study aims to determine how the application of Islamic law in Indonesia in the sociological review of law both before and after independence. This research is a type of library research using a philosophical and sociological approach. The results of this research show that: The development of Islamic law in Indonesia has started since before independence and after independence, namely the old order and Entering the new order era under President Soeharto the issuance of Law number 2 of 1989 concerning the national education system which strengthens religious lessons into compulsory lessons from elementary to college. Law No.7 of 1989 regarding religious courts, compilation of Islamic law, Pancasila Muslim charity foundation, construction of Hajj dormitories, special program madrasah aliyah, postgraduate programs at IAIN, Arabic broadcast on TVRI, the formation of religious organizations such as MUI, ICMI, IPHI etc. There are two problems that have a major impact on the application of Islamic law in Indonesia. First: because of the entry of Western law and because it intersects with customary law. Second: Due to political influence and community culture. In a sociological view, Islamic law is difficult to implement perfectly, because Islamic law is both in the area of ​​religion and in the territory of the state. This social problem causes a tug of war between religious principles and state principles. The solution to this tug of war is that in the public domain it is the responsibility of the state, while the individual area is given to religion. Judging from the sociological aspect, the material products of Islamic law in Indonesia must be able to accommodate the problems in dispute and how they are resolved in simple society and modern society. This research is expected to be an additional reference in knowing the application of Islamic law in Indonesia in the sociological review of law both before and after independence.
Tinjauan Hukum Islam terhadap Pembayaran Zakat Profesi dengan Sistem Payroll (Studi Kasus pada PT. PLN Persero, Unit Induk Wilayah Sulselbar) Herman, Sulkifli; bin Anshor, Saifullah; Akhmad Hanafi Dain Yunta; Siti Munawira S
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.v1i4.286

Abstract

Zakat on the profession is a new term that has never been conveyed by previous scholars. This concept of zakat was invented by a contemporary scholar, namely Yūsuf al-Qarḍāwī in his book of zakat. The purpose of this study was to determine the view of Islamic law on the payment of zakat of a profession with the payroll system and the payment mechanism of zakat of a profession with the payroll system at PT. PLN (Persero) Regional Main Unit SULSELBAR. The method used in this research was a qualitative method with a normative juridical approach. The results showed that the professional zakat expenditure mechanism with the payroll system at PT. PLN (Persero) Regional Unit SULSELBAR has not met the criteria for zakat of profession that must be paid since it is not required to reach the nisab and does not pass a year (haul), although, with this payroll system, zakat payment becomes more regular, easy, and effective.
Implementasi Kaidah “Lā Masāga li al-Ijtihād fī Maurid al-Naṣ” dalam Fikih Islam Mangka, Jahada; Andi Muh. Taqiyuddin BN; Muh. Isra Syarif
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.v2i1.293

Abstract

The purpose of this research is to describe, explain the meaning and veracity of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ, and to explain how the implementation of the rules Lā Masāga Lilijtihād Fī Maurid al-Naṣ. This research is qualitative, the type of research is library research and uses a normative juridical approach. The data collection method used was a literature study. The results showed that; 1) 1. The rule Lā Masāga Lilijtihād Fī Maurid al-Naṣ has the meaning that it is not permissible to do ijtihad as long as there is a verse. And the function of fiqh rules, especially in this jurisprudence principle, is to explain that the law of fiqh functions to provide an interpretation of the text that it is not permissible to do ijtihad or seek the law of a problem as long as the problem is still explained in the law in the text. 2) The validity of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ is listed in the passages of the Koran and as-Sunnah, which explains about prioritizing the commands of Allah and His Messenger before taking other laws if there is no explanation in the Shari'a. 3) The implementation of the rules of Lā Masāga Lilijtihād Fī Maurid al-Naṣ (ijtihad is not allowed as long as nash is existing) is valid as long as it does not violate or contradict the nas, consensus, qiyas jaliy, the words of the 4 mazhab, and the judge's error in the legal outcome, cause, or method. So the implementation of this rule can be noticed in existing examples and this rule cannot always be implemented or implemented, because several things have been mentioned regarding the exceptions regarding this rule.
Tradisi Akkorontigi dalam Perspektif Hukum Islam (Studi Kasus di Desa Bontosunggu, Kecamatan Bajeng, Kabupaten Gowa) Syaripudin, Ahmad; Akhmad Hanafi Dain Yunta; Darussalam
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.v2i1.300

Abstract

This study aims to determine and understand the akkkorontigi tradition in the Perspective of Islamic Law and Customary Law that occurred in Bontosunggu Village, Bajeng District, Gowa Regency. This type of writing is field research (field research) using historical approaches, social expectations, anthropological approaches and religious approaches, then data collection methods using interview and observation techniques the author tries to argue about the object being studied in accordance with the reality that occurs in society. The results showed that in carrying out marriage, the akkorontigi tradition is one of a series of wedding processions that cannot be missed and is a habit of their ancestors that has existed since time immemorial. The akkorontigi event is a series of sacred events that are attended by all relatives and invited guests which contain values ​​that are meaningful so that the bride's family can live in harmony. However, in practice, it is necessary to present good intentions and distance oneself from thoughts or beliefs that lead to the shirking of the symbols of tools and objects used in Akkorongtigi. Even so, Akkorongtigi can be preserved by applying several solutions in its implementation, such as wearing clothes that are not tight and covering the genitals, and not shaking hands for non-mahrams.
Fikih Demonstrasi Perspektif Dewan Syariah Wahdah Islamiyah (Telaah Praktik Aksi Damai Wahdah Islamiyah di Kota Makassar) Rosmita; Samin , Sabri; Abd. Wahid Haddade
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.v2i1.304

Abstract

This study aims to describe the form of the Wahdah Islamiyah demonstration in the city of Makassar and to reveal how to formulate a fiqh demonstration so that it takes place safely and comfortably. Elaborating on the recommendations of the Syari'ah Council in dealing with anarchist protests. This research used field research (field research) with qualitative methods using a juridical approach (legislation), normative theological approach, and historical approach. The results of this study indicate; (a) The form of the Wahdah Islamiyah demonstration is based on the stipulation that the demonstration is the final step in solving the problem after the deliberation and dialogue stages have been carried out, the demands in the action are what is allowed in shari'ah, to be peaceful and to maintain Islamic ethics; (b) The manifestation of the implementation of the Wahdah Islamiyah demonstration in the 411 and 212 Peaceful Actions in Makassar City shows the realization of the fiqh of the demonstration established by the Syari'ah Wahdah Islamiyah Council so that it takes place safely, comfortably and productively; (c) Early education to all levels of society in the form of weekly intensive coaching (Tarbiyah) as the right solution recommended by the Syari'ah Wahdah Islamiyah Council in preventing anarchism demonstrations. The implication of this research is to provide understanding for public awareness of religion, nation, and state will form a pattern of problem-solving without violence but productively.
Sanksi Hukuman Mati Terhadap Pembunuhan Non-Muslim (Studi Komparatif Imam Abū Ḥanīfah dan Imam al-Syāfi’ī) Iskandar; Ariesman; Afandi, Iman
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.v2i1.311

Abstract

The purpose of this study is to determine the thoughts of Imam Abū Ḥanīfah and Imam al-Syāfi'ī regarding the death penalty for killing non-Muslims in the perspective of Islamic law and to determine the istinbat method of Imam Abū Ḥanīfah and Imam al-Syāfi'ī in determining the death penalty. against the killing of non-Muslims. This research is a type of library research, namely research conducted by examining the literature that specifically discusses the death penalty for the perpetrators of the murder. This literature both come from books, books of scholars, and journals. After reviewing the literature, a comparative analysis was carried out by comparing opinions and their arguments. The results of this study are: (1) Imam Abū Ḥanīfah in determining the death penalty, emphasizes the aspects of equality and equality of a Muslim and non muslim in the eyes of law while Imam al-Syāfi'ī looks at the aspect of belief, if the same is in belief then it is applied death penalty, if different in belief then there is no death penalty. (2) The imposition of the death penalty for killing non-Muslims between Imam Abū Ḥanīfah and Imam al-Syāfi'ī differs in understanding passages from the al-Qur'an, sunnah and qiyas.
Tinjauan Hukum Islam Terhadap Pernikahan Beda Kasta (Studi Kasus Desa Ngafan Kabupaten Maluku Tenggara) Mahmuddin, Ronny; Saifullah bin Anshor; Ngaja, Hamdan
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.v2i1.314

Abstract

This study aims to determine the prohibition of inter-caste marriage in Ngafan Village, Southeast Maluku, and Islamic legal views on caste marriage in the customs of the Kei tribe, especially in Ngafan Village, Southeast Maluku Regency. This research is descriptive qualitative research with the type of field research (Field Research). The data collection techniques used were in-depth interviews and documentation. The results showed that: 1) The prohibition of inter-caste marriage (not equal) carried out by some people in Ngafan Village is the prohibition of marriage between women from the Mel-Mel caste (highest caste) and men from Riy-Riy (lowest caste). If there is a marriage between these castes, it depends on their family, if they agree then the marriage is still safe, but if they refuse the marriage can be canceled. 2) In Islamic law the scholars differ on the issue of caste (equality) in marriage. Jumhur ulama said that the caste referred to in marriage is religion, independence, social strata and, descent. Imam Malik said that the caste in question was the religion and was free from diseases that were deemed incurable. Meanwhile, the al-Ẓahiriyyah mazhab said that only Muslims were the conditions for marriage. The scholars do not require that caste be part of the legal requirements of marriage, but caste is included in the category of luzu> m requirements, a condition that allows a female guardian to request an annulment of marriage if the male partner is not in the same caste. So the prohibition of marriage is not equal in Ngafan Village can be justified based on the opinion of some scholars. The implementation of this research is expected to contribute theoretically and practically to religious leaders, parties with special interests, and society in general.
Pemaksaan Zakat oleh Pemerintah dalam Perspektif Hukum Islam dan Penerapannya di Indonesia Aqbar, Khaerul; Herman, Sulkifli; Asri
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.v2i1.325

Abstract

This study aims to examine how the application of zakat at the time of the Prophet. and khulafaurasyidin as well as examining how the zakat enforcement system in Indonesia and its application from the perspective of Islamic law. In this study, the authors use a type of library research (library research) whose data sources are obtained from written sources, including books, laws, fiqh books, journals, the internet, and other scientific papers related to the object under study, by using Sharia normative theological approach, juridical approach, and sociological approach. The research results found by researchers are as follows; First, zakat is one of the pillars in supporting the economy of Muslims to overcome economic, social, educational, and health disparities in the country of Indonesia. second; The imposition of zakat in Indonesia can be done by revising the contents of law number 23 of 2011, which is to reduce tax for muzakki on zakat that has been fulfilled. third; the government can impose zakat on the Indonesian Muslim community as long as it can manage zakat by the Sharia without any element of cheating in it. fourth; zakat can be enforced in Indonesia if it can strengthen the role of BAZNAS, LAZ, and BAZ nationally by Article 23 of 2011 Law. Fifth; the imposition and management of zakat at the time of the Prophet and khulafaurrasyidin is something that should be emulated because history has proven its success in managing zakat. sixth; muzakki may distribute their zakat directly to mustahik without going through institutions either from the government or institutions under the protection of the government. seventh; according to the perspective of the Islamic law that every leader who manages the affairs of the Muslims is obliged to take care of his affairs by the provisions of the Shari'a. Eighth; in surah al-Taubah / 9 verse 103 the leaders have been instructed to take zakat from Muslims by applicable regulations.

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