BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam

Mappaenre Doi dalam Perspektif Fikih Munakahat (Studi Kasus Adat Pernikahan Suku Bugis di Lampu Satu Samkai Merauke)

2024-12-13T00:36:44+00:00

Mappaenre Doi is a tradition in the Bugis tribe that is carried out before the wedding ceremony. Perspectives on the Mappanri Doi tradition in the Bugis community and among the scholars have differences. This study aims to analyze the process of Mappaenre Doi of Bugis custom in Merauke and to analyze the implications of Mappaenre Doi in the perspective of fikih munakahat. This type of research is qualitative. The data collection technique used is the exploratory method through observation, interviews, and documentation conducted in Lampu Satu Samkai Village, Merauke Regency, for three months starting from March 2023 to June 2023. The data obtained was tested for validity using credibility and triangulation tests, and then analyzed descriptively. The results showed that: 1) Mappaenre Doi process, namely: a) the male family negotiates with the female party to discuss the nominal amount of Mappaenre Doi money until reaching an agreement; b) determine when the male family will meet to submit the agreed Mappaenre Doi; c) the male party visits the female party's house to submit Mappaenre Doi; and d) determine the time of marriage when Mappaenre Doi has been submitted. 2) The implication of Mappanrae Doi in the perspective of fikih munakahat is the process of negotiating the provision of dowry to the prospective wife, and it is recommended to the woman not to ask for excessive dowry, as long as it does not violate sharia principles. The study of this research shows that the Mappaenre Doi process in the Bugis traditional marriage tradition in Merauke Regency is determined through negotiations between the families of the male and female parties, and the Mappaenre Doi tradition is valid according to Islamic law.

Implementasi Kaidah al-Masyaqqah Tajlibu al-Taisīr dalam Penggunaan Softlens sebagai Alat Bantu Penglihatan

2024-12-13T00:36:50+00:00

This research aims to know and understand the use of softlens as a visual aid according to the rule of al-masyaqqah tajlibu al-taisῑr. This research uses descriptive qualitative (non-statistical) research using the library research method (literature review) which focuses on the study of manuscripts and texts, using normative and sociological approaches. The results found that the rule of al-masyaqqah tajlibu al-taisῑr is one of the foundations for a mukallaf who experiences difficulties to get a solution to the difficulty. The original law of using softlens is permissible because the purpose of its creation is as a visual aid and the use of softlens is recommended because minus sufferers with high levels can no longer use glasses so they switch to softlens. However, in applying this rule, the convenience must not bring greater harm than the previous harm. This research is expected to be a reference, literature or consideration for academia, health and become a positive reference material and information for the community, especially related parties who use contact lenses.

Implementasi Kaidah Fikih al-Masyaqqah Tajlibu al-Taisīr dalam Fikih Ibadah Lansia (Studi Kasus Balai Lansia Gau Mabaji Gowa)

2024-12-13T00:36:55+00:00

This research aims to find out the reality of elderly worship at the Gau Mabaji Gowa Elderly Center and to find out the implementation of the rules of jurisprudence for elderly worship at the Gowa Gau Mabaji Elderly Center. This type of research is field research. This research is a form of social research that uses a qualitative descriptive format. The type of approach used is a Normative Theological approach which is based on sharia elements from the Al-Qur'an and Hadith to be used as a reference related to the problem being studied. The results of this research show that 1) There are 22 elderly people at the Gau Mabaji Gowa Elderly Center and only 6 elderly people are still carrying out worship. 2) There are 3 elderly people who have applied the jurisprudence of elderly worship when performing prayers, in the form of which they pray while sitting on a chair because they are no longer able to stand for long, 3 people also apply the jurisprudence of elderly worship when purifying themselves, in the form of tayammum when they feel very cold and worried that if forced it would make them sick. The implication of this research is that it is hoped that the Government and Society will pay more attention to the needs of the elderly, not only for their clothing, food and shelter, but also for the worship needs of the elderly which are no less important. Providing an understanding of the jurisprudence of elderly worship for the elderly so that they can still carry out their worship optimally in limited circumstances.

Kehujahan Kias dalam Rukhsah Syar’iyyah

2024-12-13T00:37:01+00:00

This research aims to find out the blasphemy of kias in rukhsah syar'iyyah, and to find out examples of the application of kias in rukhsah syar'iyyah. This research includes library research using a normative approach method. The data were analyzed using deductive and descriptive qualitative methods. The research results found are as follows: A number of ulama from the Mālikiyah, Syāfi'iyah, and Hanābilah schools of thought allow the use of kias in rukhsah syar'iyyah with the requirement that the pillars and conditions are met. Meanwhile, the Hanafiyah school of thought rejects the use of kias in rukhsah syar'iyyah because rukhsah is a legal provision whose arguments are clear from both the Al-Qur'an and the Sunnah, so kias does not apply in this case. The two actualizations of the application of kias in rukhsah syar'iyyah include examples: istinja using a figurative tissue on a stone, wiping the figurative imamah over wiping shoes, wiping the hijab figuratively over wiping the imamah, wiping figurative socks over wiping shoes, combining two prayers for those who stay because they are afraid allusion to the plural of prayers at 'Arafah and Muzdalifah, and plural prayers because of desire or a figurative work for the plural of prayers at Árafah and Muzdalifah. After examining the arguments from the jumhur ulama and the Hanafiyah school of thought, the opinion of the jumhur ulama which allows the use of kias in rukhsah syar'iyyah is stronger because the opinion of the Hanafiyah school of thought is weak and even some of their followers also refute the opinion which does not allow the use of kias in rukhsah syar'iyyah.

Pengembangan Putusan Hakim terhadap Dispensasi Pernikahan di Pengadilan Agama Belopa (Tinjauan Maqāṣid Syarī’ah)

2024-12-13T00:37:07+00:00

This study aims to analyze the factors influencing judicial decisions, evaluate the alignment of these decisions with the principles of Maqashid Sharia, and formulate recommendations for more comprehensive decision-making. This research employs a qualitative method with a normative-juridical and empirical approach. Data was collected through a study of court decisions, in-depth interviews with judges at the Belopa Religious Court, and observation of court proceedings. Data analysis was conducted using Maqashid Sharia theory, specifically its five main principles: protection of religion, life, intellect, lineage, and property. The study results reveal variation in judges' considerations for granting marriage dispensations. Factors such as premarital pregnancy, concerns about possible adultery, and social pressures often underlie the granting of dispensations. The Maqashid Sharia analysis indicates that some decisions tend to prioritize the protection of lineage and religion, but lack consideration for the protection of intellect and life, particularly regarding the mental and physical readiness of young couples.

Disharmoni Keluarga Akibat Judi Online di Kabupaten Sidoarjo Perspektif Teori Sistem Keluarga Al-Qur’an

2024-12-13T00:37:10+00:00

This research aims to reveal the forms of family disharmony that occur due to online gambling in Sidoarjo district, and to formulate strategic steps to resolve disharmony problems in order to achieve the goals of Islamic family law. Research analysis uses Zainab al-'Alwani's Al-Quran Family Systems Theory which is based on the basic concept of maqāṣid al-Qur'ān values in the field of Islamic family law, with the characteristics of universalistic (Kulliyyah), contextual thinking. (wāqi'iyah) and tendential (ta'ṣīliyah). This theory defines the family as not limited to the nuclear family consisting of father, mother and children, as per the western perspective, but also to marital relations, family and kinship relations. This field research method uses a qualitative approach with analytical descriptive data. Research results: (1) Family disharmony due to online gambling in Sidoarjo district occurs in three categories, namely the mild category in the form of husband and wife conflict, the moderate category in the form of husband and wife conflict involving relatives, and the serious category with a divorce suit before the religious court; (2) The strategy for overcoming family disharmony is to implement the universal values of maqāṣid al-Qur'ān in the field of family law in family life. For the mild category of disharmony by implementing the value of monotheism (maqṣud al-Tawḥīd) through strengthening the spirituality of husband and wife, and by implementing the value of couplehood (maqṣud al-Zawjiyyah) through strengthening marital commitment and gender partnership. For disharmony in the moderate category, implementation of the value of maintenance (maqṣud al-Wilāyah) through care and harmony between relatives. Meanwhile, for the serious category, the implementation of leadership values (maqṣudal-Istikhlāf) through the judge's discretion by prioritizing mediation as a solution for resolving divorce cases

Analisis Hukum Islam terhadap Pembagian Harta sebelum Wafatnya Pewaris: Studi Kasus di Kecamatan Manggala

2024-12-13T00:37:18+00:00

The division of property before the death of the heir in the Manggala sub-district of Makassar city from the perspective of Islamic Law is the subject matter and discussion in this study. Qualitative research is the type of research used in this research with theological-normative syar'i and sociological approaches. And to be able to describe and analyze the problems that occur and produce a conclusion, data collection methods are carried out through observation, interviews and documentation. The results showed that some people in the Manggala sub-district of Makassar city divided their property to the heirs before death, with the assumption that if the property was divided after death it could cause disputes or disputes among the heirs because of unfairness in dividing the inheritance. Although the distribution of property is divided before death, they still term it as inheritance, this is clearly contrary to what is understood in Islamic law, because one of the conditions for inheritance is the death of the heir, while this condition is not fulfilled. The implication of this research is the importance of the community to know the knowledge of inheritance and explain it to the family so as to reduce the impact of disputes in the distribution of inheritance.

Analisis Fatwa Dewan Syariah Wahdah Islamiyah No. D.027/QR/DSR-WI/VII/1435 Tentang Kegiatan Dakwah Muslimah di Malam Hari

2024-12-13T00:37:22+00:00

Da'wah is a duty for every Muslim, including women, as a reflection of gender equality in Islam. However, Muslim women must adhere to the principles of Sharia. Fatwa DSR-WI No. D.027/QR/DSR-WI/VII/1435 establishes guidelines and limitations to be observed when engaging in da'wah, especially at night, to uphold the dignity, modesty, and welfare of Muslim women in both this world and the Hereafter. This study analyzes the fatwa and methods of ijtihad related to nighttime da'wah activities for Muslim women. The issues examined include the analysis of the fatwa and the ijtihad methodology of the Wahdah Islamiyah Sharia Council regarding women’s da'wah at night. Using a descriptive qualitative approach based on literature studies and normative and social methods, this study found that the Sharia Council’s fatwa on women’s nighttime da'wah is grounded in public welfare, referencing the Qur'an, hadith, fiqh principles, and maqāṣid al-sharī'ah, emphasizing the importance of safety, morality, and the prevention of harm. The Sharia Council applies a systematic ijtihad methodology to ensure relevance and practical application in daily religious life. This study contributes to a deeper understanding of ijtihad methodology, fiqh principles, and maqāṣid al-sharī'ah, while providing practical guidance for female da'wah activists in developing policies and effective da'wah programs.