AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab adalah jurnal ilmiah bagi mahasiswa/mahasiswi di lingkungan Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar yang diterbitkan oleh Pusat Penelitian dan Pengabdian Masyarakat (P3M) STIBA Makassar. AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab diterbitkan setiap bulan. AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab menjadi platform publikasi hasil penelitian yang berkaitan dengan bidang Studi Islam dan Bahasa Arab. Dewan redaksi membuka kesempatan bagi para penulis, khususnya mahasiswa/mahasiswi di lingkungan STIBA Makassar, untuk berkontribusi dengan mengirimkan tulisan (hasil penelitian) dalam bahasa Indonesia, Inggris, atau Arab.
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236 Documents
<![CDATA[Hukum Penghasilan Professional Player E-Sports Mobile Legends dalam Tinjauan Fikih Muamalah ]]>
<![CDATA[Musyirul Haq]]>;
<![CDATA[Khaerul Aqbar]]>;
<![CDATA[Dzul Fadli S.]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1638
<![CDATA[This study aims to analyze the legal status of the income of a professional Mobile Legends e-sports player from the perspective of Islamic jurisprudence (fiqh muamalah). This research employs a library research method, which falls under qualitative research, using a normative approach that examines primary and secondary legal materials. Primary data includes Islamic legal sources such as the Qur'an and Hadith, while secondary data includes the opinions of scholars, relevant literature, and previous research findings. The results of the study indicate that earning income from tournament victory bonuses for a professional Mobile Legends e-sports player is halal (permissible) as the essential elements and conditions are fulfilled. However, this profession is not recommended for a Muslim due to its lack of benefits for oneself and others. This conclusion is based on an analysis of the principles of fiqh muamalah, which emphasize the conformity of economic activities with Islamic values and ethics. This study makes a significant contribution by providing insights into the compatibility of modern gaming professions with Islamic muamalah ethics, which is expected to serve as a guide for Muslim professional e-sports athletes in conducting e-sports activities in accordance with Islamic teachings. It also offers valuable input for stakeholders in the e-sports industry to consider Islamic legal aspects in the organization of tournaments and prize distribution. Thus, this research not only provides practical guidance for professional players but also opens further discussion for subsequent researchers to explore deeper into the law and ethics of various aspects of modern gaming from an Islamic perspective.]]>
<![CDATA[Analisis Ijtihad ʻAbdullah Bin ʻAbbās pada Masalah ‘Aul dan Radd dalam Fikih Mawārīṡ ]]>
<![CDATA[Suleha Suleha]]>;
<![CDATA[Rahmat Rahmat]]>;
<![CDATA[Irsyad Rafi]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1645
<![CDATA[The aim of this research is to analyze the ijtihad (jurisprudential reasoning) of ʻAbdullah bin ʻAbbās regarding the issues of ‘Aul and Radd within the context of Islamic inheritance law (fikih mawāriṡ). This study employs a literature review method (library research) with a normative juridical approach, seeking legal sources through evidence from the Qur’an, the sayings of the Prophet Muhammad (hadith), and the opinions of scholars. The findings of the research indicate that the concept of ‘Aul serves as a mechanism to adjust inheritance portions when the total specified in the Qur’anic verses exceeds the actual available estate. On the other hand, the concept of Radd involves distributing the surplus of the estate to specific heirs after the primary distribution. ʻAbdullah bin ʻAbbās's ijtihad rejects the application of ‘Aul, arguing that adjusting inheritance portions is unnecessary based on his interpretation of Qur’anic verses. Regarding Radd, he opines that the surplus should not be given to spouses and grandmothers due to kinship reasons. His stance against ‘Aul does not guarantee fairness in inheritance distribution, a fundamental principle in Islamic law, unlike Radd which ensures a fair distribution and upholds the rights of specified heirs as prescribed by Shariah. Excluding grandmothers from receiving Radd inheritance is seen as inadequate in considering the principles of justice and balance in Islamic inheritance law, as grandmothers are among the heirs of aṣḥāb al-furūḍ through familial ties, distinct from spouses who inherit through marital relations. This research aims to contribute to the advancement of knowledge in the field of Islamic inheritance law (Fikih Mawārīṡ) and serve as a reference for future studies.]]>
<![CDATA[Aktualisasi Kaidah al-Ḥājah Tunazzalu Manzilah al-Ḍarūrah pada Akad Istiṣnā’ Paralel ]]>
<![CDATA[Nurhikmah Huswat]]>;
<![CDATA[Muhammad Shiddiq Abdillah]]>;
<![CDATA[Riska Riska]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1651
<![CDATA[The study aims to determine the Actualization of al-Ḥājah Tunazzalu Manzilah Al-Ḍarūrah’s rules (Necessity is treated as emergency) in parallel istishna’sale and purchase. This research is employs a qualitative descriptive research approach focused on the analysis of manuscripts and texts,utilizing normative and analytical methods. From the research findings it was discovered that the application of the principle of al-Ḥājah Tunazzalu Manzilah Al-Ḍarūrah in parallel istiṣnā’contracts has been actualized by observing that initially, the legality of parallel istiṣnā’contracts was prohibited due to certain transaction modes not conforming to the provisions of Islamic commercial law. For instance, a party acting as Ṣāni’ to sell goods without prosessing them. Or when acting as the manufacturer, not meeting the criteria as a genuine producer because they require someone else to fulfill the order. The principle in Islamic jurisprudence of al-Ḥājah Tunazzalu Manzilah Al-Ḍarūrah explains that urgent needs criteria can occupy an emergency position, specially primary or fundamental needs. For example, humans require housing to ensure safety and security in their lives but lack funds to purchase a home and have no other means available. In such conditions, parallel istiṣnā’ contracts are permissible. This akigns with the principle of al-Ḥājah Tunazzalu Manzilah Al-Ḍarūrah, which elucidates the position where needs can occupy an emergency situation. The implications of this research are to strengthen Islamic legal theory, provide practical guidance in the Islamic financial sector, address contract limitations, and offer boundaries and understanding of the provisions set by Islamic law.]]>
<![CDATA[Penerapan Uang Kuliah Tunggal (UKT) Perspektif Kaidah Fikih Lā Ḍarar Wa Lā Ḍirār ]]>
<![CDATA[Devia Anjeli]]>;
<![CDATA[Kurnaemi Anita]]>;
<![CDATA[Hijrayanti Sari]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1652
<![CDATA[This research aims to investigate the establishment of the Single Tuition Fee (UKT) from the perspective of "Lā Ḍarar Wa Lā Ḍirar," utilizing library research methodology with normative and phenomenological approaches. The setting of the Single Tuition Fee in several universities aims to create equal access to higher education by considering the economic capabilities of students and their families. Within the framework of UKT determination, there are various categories that differentiate the amount of UKT to be paid, ranging from the lowest to the highest category, determined by the parents' occupations. From the findings of this research, several cases regarding the establishment of UKT in various universities reveal disparities resulting from interview methods used to determine the UKT amount that are inappropriate and misaligned, causing harm to either the institutions or the students. Therefore, such practices cannot be justified under the Islamic jurisprudential principle of "Lā Ḍarar Wa Lā Ḍirar," which prohibits causing harm to oneself or others. To prevent such issues, it is advisable for institutions to analyze and adopt methods that are precise and target-oriented in determining the UKT, thereby fostering fair and equitable access to higher education.]]>
<![CDATA[Status Keharaman Produk yang Mendukung Agresi Israel terhadap Palestina (Studi Analisis Fatwa MUI No. 83 Tahun 2023) ]]>
<![CDATA[Fachrudin Fachrudin]]>;
<![CDATA[Khaerul Aqbar]]>;
<![CDATA[Rachmat Bin Badani Tempo]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1654
<![CDATA[This research aims to understand and analyze the Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) Fatwa number 83 of 2023 regarding the prohibition status of products that support Israel's aggression against Palestine. The issue addressed in this study is: how does the analysis of MUI Fatwa no. 83 of 2023 relate to the prohibition status of products that support Israel's aggression against Palestine. This study is a literature review (library research) utilizing a qualitative descriptive method and employing normative juridical and conceptual approaches. The research findings are as follows: MUI Fatwa number 83 of 2023 establishes that all forms of support for the Palestinian struggle are mandatory, while actions, whether direct or indirect, that support Israel's aggression are deemed forbidden. The status of prohibition on products supporting Israel's aggression against Palestine in Islamic jurisprudence is known as "haram li ghairihi," meaning prohibited due to external factors beyond the nature of the product itself, not its intrinsic substance. In this case, it pertains to cooperation and support for Israel's criminal actions. Therefore, the original status of the product is halal, but if there are actions clearly contrary to Islamic teachings, such as human rights violations or support for Israel's aggression against Palestine, then it is deemed haram or prohibited in Islam.]]>
<![CDATA[Tinjauan Fikih Jinayah Terhadap Konsekuensi Zina dalam KUHP Tahun 1946 dan No. 01 Tahun 2023 ]]>
<![CDATA[Aditya Renaldi Yasdin]]>;
<![CDATA[Rapung Rapung]]>;
<![CDATA[Irsyad Rafi]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1655
<![CDATA[This research aims to understand the Islamic perspective and the laws related to the definition of adultery, as well as a review of jinayah jurisprudence on the consequences of adultery in the Criminal Code of 1946 and No. 01 of 2023. This research is qualitative with a normative juridical approach, using library research methods by collecting books or references related to the research. The results show that, first, adultery in the perspective of jinayah jurisprudence has a different definition from Article 284 of the 1946 Criminal Code, which considers adultery as intercourse committed only by those who are married. Meanwhile, adultery according to Article 411 of the 2023 Criminal Code has the same meaning as the perspective of jinayah jurisprudence, which is intercourse committed by those who are either married or unmarried. Second, the review of jinayah jurisprudence on the consequences of adultery in the 1946 Criminal Code and No. 01 of 2023 is not accepted, because the imposition of sanctions for the crime of adultery must consider stronger evidence. Jinayah jurisprudence differentiates the consequences of adultery into two: stoning for those who are married, and one hundred lashes and one year of exile for those who are not married. The 1946 Criminal Code punishes perpetrators of adultery with a maximum prison sentence of 9 months for those who are married. Meanwhile, Article 411 does not differentiate the marital status of the perpetrator and punishes with a maximum prison sentence of 1 year or a fine of up to 10 million rupiahs. In the case of cohabitation, the penalty is a maximum of 6 months in prison or a fine of up to 10 million rupiahs. If adultery is committed with a family member, the prison sentence can reach 10 years. This research provides insights for students and the public about the limits and legal consequences of adultery from the perspective of jinayah jurisprudence and the Criminal Code.]]>
<![CDATA[Mekanisme Mekanisme Pengangkatan Penjabat Kepala Daerah Perspektif Imam al-Mawardi (Studi Permendagri No 4 Tahun 2023) ]]>
<![CDATA[Muhammad Ilham Tahir]]>;
<![CDATA[Asri Asri]]>;
<![CDATA[Irsyad Rafi]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1660
<![CDATA[The purpose of this study is to analyze Imam al-Mawardi's perspective on the concept of the appointment mechanism for regional heads based on the Minister of Home Affairs Regulation Number 4 of 2023. This research is a library research using a juridical-normative approach. The results of this study indicate that the mechanism for appointing regional heads is regulated in the Minister of Home Affairs Regulation Number 4 of 2023 as a follow-up to the Constitutional Court Decision Number 15/PUU-XX/2022, which states that the President, as the highest leader, decides the acting governors after proposing six candidates, and the Minister of Home Affairs decides the acting regents and mayors after proposing nine candidates. The appointment of these regional heads aims to fill 271 vacant regional head positions due to the postponement of regional elections. According to al-Mawardi, the appointment of regional heads is carried out by the caliph and can also be done by the wazir tafwidī as the caliph's representative. The results of this study show that the concept of the appointment mechanism for regional heads carried out by the President and the Minister of Home Affairs is in line with Imam al-Mawardi's perspective. However, the appointment of regional heads due to special conditions caused by the postponement of regional elections contradicts Imam al-Mawardi's perspective, as the appointment of regional heads is the duty of a caliph and the wazir tafwidī, not by the entire population. The contribution of this study provides insights into the mechanism for appointing regional heads from Imam al-Mawardi's perspective and serves as a reference for the government to consider the concept of direct appointment of regional heads, as the direct election system is prone to causing conflicts within the community]]>
<![CDATA[Perspektif Fikih Islam Terkait Ṣulḥ Fuḍūlī dalam Proses Perdamaian Pihak Bersengketa ]]>
<![CDATA[Nico Akbar]]>;
<![CDATA[Rapung Rapung]]>;
<![CDATA[Awal Rifai]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1661
<![CDATA[Sulh fuduli is a peace-making effort conducted by a third party without formal authority. In Islamic jurisprudence, the legitimacy of sulh fudhuli is recognized, though there are differences among jurists across various schools of thought regarding its specifics, procedures, and conditions. This study aims to understand the perspectives of Islamic jurists on Sulh Fuduli in the peace process between disputing parties, using a qualitative research approach and literature review method. The results of this research indicate that Islamic jurists have significant views on the role of third parties in the peace process to resolve disputes, analyzing arbitration and conciliation sulh. In this context, it is important to understand the concepts of peace, dispute, and mediation in Islam, and to maintain legitimate peace objectives in accordance with religious principles. Consequently, this study contributes to the understanding of the role of third parties in creating harmonious peace within society. The application of this concept is also discussed in the contexts of trade and marriage, showing analogies between unauthorized transactions in various types of contracts. Classical literature emphasizes that peace made by a third party can be considered legitimate in certain situations where such peace provides benefits to the defendant and does not harm the involved parties.]]>
<![CDATA[Pembunuhan sebagai Upaya Pembelaan Diri dalam Pandangan Hukum Islam dan Hukum Positif ]]>
<![CDATA[Abdullah Sandi]]>;
<![CDATA[Kasman Bakry]]>;
<![CDATA[Jamaluddin Jamaluddin]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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DOI: 10.36701/qiblah.v3i4.1666
<![CDATA[This study aims to analyze the concept of murder as an effort in self-defense from the perspective of Islamic law and Indonesian positive law, with special emphasis on Article 34 of Law Number 1 of 2023. This research uses normative juridical methods with a comparative approach to explore the similarities and differences in self-defense arrangements between Islamic law and Indonesian positive law. The research results show that although there are differences in perspective and emphasis, both legal systems recognize the importance of the right to self-defense and the principle of proportionality in such actions. A thorough understanding of these two perspectives is essential to ensure fair and balanced law enforcement in Indonesia. The research also found that in the context of Islamic law, self-defense is governed by strict principles that take into account the perpetrator's intentions and spiritual state. According to relevant verses of the Koran and hadith, self-defense in emergency situations is permissible and must be carried out in reasonable limits. The right to self-defense is also recognized by Indonesian positive law, especially Article 34 of Law no. 1 of 2023 and Article 49 of the Criminal Code. To ensure that self-defense actions are carried out proportionally and not excessively, positive law emphasizes objective evidence and concrete circumstances at the time of the incident. This study found that, although these two legal systems share the same recognition of the right to self-defense, they use different approaches and emphases to do so.]]>
<![CDATA[Perbedaan Harga Bagi Pelanggan Member dan Non Member dalam Tinjauan Fikih Muamalah (Studi Kasus di Toko Sentral Herbal dan Madu Makassar) ]]>
<![CDATA[Laode Muhammad Hisyam]]>;
<![CDATA[Khaerul Aqbar]]>;
<![CDATA[Muhammad Harsya Bachtiar]]>
<![CDATA[ AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 3 No 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab ]]>
Publisher : <![CDATA[Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar ]]>
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<![CDATA[This research aims to find out how muamalah jurisprudence reviews the price differences for member and non-member customers. The method used is a qualitative research method, using field research with data collection through observation, interviews and documentation. The research approach used is normative descriptive. Based on a review of muamalah jurisprudence, the price difference for member and non-member customers at the Makassar herbal and honey central shop is permitted because it does not contain salt and is not detrimental to customers because there are no requirements in the form of membership fees for member customers. Customers who wish to register as members are required to fulfill the minimum purchase that has been set by the shop so that the contract that occurs is the Ta'līq al-Hibah bi Syarṭ contract (Grant with conditions). Discounts given to member customers fall into the category of grant promises that must be fulfilled by the shop. This aims to ensure that consumers do not experience losses. Price differences that occur between customers do not contain unjust elements. Because in muama fiqh the seller is given the freedom to determine the price offered to the consumer. So that the price that occurs in an agreement or agreement between the seller and the buyer means that one of the principles in buying and selling is fulfilled, namely the principle of satisfaction which makes the sale and purchase valid.]]>
