AL-FIKRAH: Jurnal Kajian Islam

Daging Mamalia Herbivora yang Diperselisihkan Kehalalannya Perspektif Kaidah al-Aslu fī Al-Asyyā’i al-Ibāhah

Akhsani Takwin — 2024-07-26

This research aims to explore the concept of the principle of al-Aslu fī al-Asyyā’i al-Ibāhah regarding the disputed legality of consuming meat from herbivorous mammals, and to understand the ruling on the consumption of such meat from the perspective of the principle of al-Aslu fī al-Asyyā’i al-Ibāhah. The study employs a qualitative descriptive research method (non-statistical) in the form of a library research to gather necessary data, utilizing normative, philosophical, and fiqh approaches.The findings of this research indicate that the consumption of meat from herbivorous mammals whose legality is disputed under the principle of al-Aslu fī al-Asyyā’i al-Ibāhah is permissible, such as elephants, horses, and squirrels. This is due to the absence of clear evidence indicating their prohibition. According to this principle, anything is considered permissible (mubah) unless there is explicit evidence declaring it otherwise.The implications of this study are expected to provide benefits and additional knowledge, particularly for the community and Muslims in general, encouraging careful consideration regarding the legal status of various foods.

Hukum Suara Kedua setelah Imam Perspektif Empat Mazhab

Firmansyah Firmansyah — 2024-07-25

This study aims to examine the concept of the second voice after the imam and the law of the second voice after the imam from the perspective of the four schools of thought. The research method used is library research, which involves collecting data through literature studies from various sources such as the Qur'an, hadith, books, scientific articles, journals, and other literature. The data used is qualitative, with a normative juridical approach, which is a research method based on collecting and analyzing library materials related to the problem being studied. Data analysis is conducted qualitatively using deductive techniques, analyzing data from general principles applied to specific cases. The study results show that the second voice after the imam, or tabligh, has been prescribed since the time of the Prophet Muhammad saw especially in situations where the imam's voice is not loud enough to be heard by the congregation. The four schools of thought have different views on the law of the second voice after the imam. However, in general, they agree that the second voice can be performed by the congregation to convey the imam's voice to others. This study also found that in the practice of congregational prayers, the role of the mubalig (announcer) is crucial when the imam's voice is not heard by the congregation, even though there is now technology like loudspeakers. The conclusion of this study emphasizes that the law of the second voice after the imam has a strong basis in Islamic law and remains relevant, considering the conditions and needs of the congregation. This research provides significant insights into the perspectives of the four schools of thought on the second voice after the imam and its implications for the practice of congregational prayers today.

Status Kepemilikan Tanah Wakaf (Studi Perbandingan UU No. 41 Tahun 2004, KHI dan Fikih Muamalah)

Ahmad Hasyim — 2024-07-25

This research aims to: (1) understand the position of waqf (endowment) in Islam, (2) examine the legal foundation of waqf in Indonesia, and (3) compare the laws regarding ownership of waqf land in Law No. 41 of 2004, the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI), and Islamic jurisprudence (fiqh muamalah). The research adopts a qualitative descriptive method through library research.The findings of the research are as follows: (1) Waqf in Islam involves setting aside wealth for public or religious purposes, seen as both a form of worship and a long-term investment with broad benefits for society and the waqif (endower) themselves. It is a form of dedication aimed at achieving goodness and piety. (2) In Indonesia, waqf is regulated by Law No. 41 of 2004 concerning Waqf and Government Regulation No. 42 of 2006 that implements this law. Additionally, waqf is governed by Book III of the Compilation of Islamic Law (KHI), comprising 15 articles that cover various legal aspects. (3) According to Law No. 41 of 2004, assets endowed as waqf no longer belong to the personal ownership of the waqif or any other party permanently or for a specific period; instead, they become the legal property of Allah (God). Similarly, according to the Compilation of Islamic Law (KHI), assets endowed as waqf are considered the property of Allah or the public after the declaration of waqf, with only their benefits earmarked for charitable purposes. In terms of fiqh muamalah, waqf removes the asset from the ownership of the waqif, transferring its ownership to Allah or the public upon the declaration of waqf, while the waqif retains rights only to its benefits.

Hukum Menerima Hadiah dari Seseorang yang Hartanya Bercampur dengan Harta Haram Studi Komparasi Antara Mazhab Maliki dan Syafi’i

Muhammad Shofy Mubarak — 2024-07-25

Humans as social creatures need interaction with other humans. The purpose of these interactions is so that they can get to know each other and benefit each other. One of the results of this interaction is giving gifts to each other. Giving gifts has a significant influence on the realization of social ties and relationships. Islamic law itself has explained that the original law of gifts is permissible and even recommended in Islam. However, this research discusses the views of the scholars of the Maliki and Shafi'i schools of thought on the law of receiving gifts from someone whose property is mixed with haram property. This research aims to understand the differences and similarities between the two madhhabs in the context of muamalah with the owner of property mixed between halal and haram. The method used in this research is the library research method with a normative and comparative approach. The results show that the Maliki Mazhab allows muamalah and receiving gifts from the owner of the property if the halal part is more, while the Shafi'i Mazhab discourages muamalah with mixed property regardless of the amount of halal or haram parts. The similarity between the two madhhabs is that both Maliki and Shafi'i do not allow dealing with owners of haram property. This research contributes to a deeper understanding of Islamic law in the context of contemporary muamalah.

Analisis Perkawinan Beda Agama Menurut Surat Edaran MA (SEMA) No 2 Tahun 2023

Muh. Ilham — 2024-07-25

This study aims to understand the position of interfaith marriages according to Supreme Court Circular Letter (SEMA) No. 2 of 2023. The research method used is descriptive qualitative with a normative and philosophical juridical approach. Data were collected through literature studies and analyzed based on norms in laws and Islamic law as well as scholars' opinions. The results of the study indicate that SEMA No. 2 of 2023 provides guidelines for judges in adjudicating cases of marriage registration between people of different religions. Although this policy is not legally binding, it has a significant impact on providing legal certainty regarding interfaith marriages in Indonesia. SEMA states that a valid marriage is one conducted according to each religion's laws and emphasizes that the court will not grant requests for the registration of interfaith marriages. This study concludes that the policy has generated pros and cons in the community. Some see it as a form of legal certainty, while others consider it a violation of human rights. Overall, SEMA No. 2 of 2023 aims to provide clear guidance for courts in handling interfaith marriage cases.

Pengelolaan Wakaf Melalui Uang (Studi Kasus Wakaf Sumur Bor Kampus STIBA Makassar)

Andi Alamsyah G. — 2024-07-25

This research aims to understand the mechanism of managing endowments through monetary means, using a case study of a well-endowment project at STIBA Makassar Campus. The background of this research is based on the crucial role of the nazir, or endowment manager, in ensuring that endowment assets are managed in a trustworthy and productive manner in Indonesia. Therefore, this research focuses on how the nazir manages the well-endowment at STIBA Campus, highlighting the need for high competence in this management. The research employs field research methods with two main approaches: theological normative and sociological. The theological normative approach is used to refer to religious norms believed to be true in the context of endowment management, while the sociological approach involves direct interaction, observation, and interviews with individuals, groups, or communities involved in the endowment project. The research findings show that the management of endowment funds for the well project at STIBA Makassar Campus is carried out effectively and transparently. Fund collection mechanisms are conducted with high accountability and good communication with donors, which enhances their trust and participation. The management process involves careful needs assessment and detailed budget planning, ensuring wise and targeted use of funds. The well project has a significant positive impact, fulfilling the campus's clean water needs, supporting various academic and non-academic activities, and reducing reliance on external water sources. The success of this project not only improves the quality of life on campus but also the quality of education. The practice of endowment through money at STIBA Makassar also adheres to Sharia principles, with the fulfillment of endowment pillars and sustainability, providing significant benefits to the academic community and optimally supporting campus operations.

Status Hukum Bagi Transgender dalam Haji dan Umrah Pespektif Fikih Ibadah

A'zizul Muqorobin — 2024-07-26

Transgender is a social phenomenon that raises various issues in the context of Islamic law, including the performance of Hajj and Umrah. The difference between gender identity and biological sex raises questions about how Hajj and Umrah should be performed by transgender individuals from the perspective of fiqh of worship. This study aims to analyze the legal status and provisions of Hajj and Umrah for transgender individuals according to the fiqh of worship. The research method used is library research with normative and philosophical approaches, examining Islamic legal sources and the thoughts of scholars regarding transgender issues in the context of worship.

The research results show that the various of scholars argue that transgender individuals must perform Hajj and Umrah according to their biological sex, regardless of their gender identity. This provision applies to various aspects of worship, including ihram clothing, separation of worship areas, and the performance of specific rituals. However, there are some special considerations for certain cases, especially related to khuntha (intersex). In conclusion, although the transgender issue poses challenges in the performance of Hajj and Umrah, the main principle emphasized in the fiqh of worship is to return to the nature of creation and biological sex, while still considering aspects of security, comfort, and solemnity in worship.

Air Suci yang Makruh untuk Bersuci Perspektif Syafiiyyah dan Hanabilah

Taufik Ikhsan — 2024-07-26

This study examines the use of makruh water for purification from the perspectives of the Shafi'i and Hambali schools of thought. Makruh water refers to water that is not recommended for use if other permissible (mubah) water is available. The aim of this research is to understand the various categories of makruh water according to these two schools and their implications for the purification practices of Muslims. The methodology used is library research, which involves collecting and analyzing data from various classical and modern literature related to Islamic law.

The results of this study indicate that the use of sacred water which is makruh for purification, according to the perspectives of the Shafi'i and Hambali schools of thought, is deemed makruh. The contribution of this study is to provide a deeper understanding of the use of makruh water in the context of purification and its legal implications according to the two major schools of thought in Islam.

Implementasi Maqasid Syari'ah Terhadap Konsumsi Makanan Sesajen

Hisbullah S — 2024-07-26

This research aims to analyze the implementation of Maqasid al-Shariah in the consumption of food, specifically offerings that remain prevalent in Indonesian cultural traditions. This study employs a qualitative research methodology using a literature review with a normative juridical approach and content analysis to understand the views of scholars and Shariah texts related to the consumption of offerings. The implementation of Maqasid al-Shariah in the consumption of offerings is as follows: consuming offerings does not align with Maqasid al-Shariah because, from the perspective of Hifz al-Din, it leads to practices of polytheism; from the perspective of Hifz al-Nafs, Allah commands the consumption of halal and good food; from the perspective of Hifz al-'Aql, this practice does not align with the principle of rationality in Islam; from the perspective of Hifz al-Nasl, it contributes to the formation of strong character and Islamic values to be inherited by future generations; and from the perspective of Hifz al-Mal, there is no direct impact on this aspect, as the impact is on those who provide the offerings, who spend their wealth on purposes other than for Allah Swt.

Penjualan Liquefied Petroleum Gas Subsidi kepada Masyarakat Selain Kategori Miskin Perspektif Syariah (Studi Peraturan Presiden Nomor 104 Tahun 2007)

Fadhilah Bakri — 2024-07-26

Indonesia is a country rich in natural resources, one of which is natural gas. Natural gas can be categorized into three groups: gas as fuel, gas as raw material, and gas as energy. LPG is a fuel gas product that is very popular today. Especially among people who use LPG as the main fuel for cooking. LPG consists of two categories, namely general LPG and special LPG or subsidized LPG. This subsidized LPG has a special target for distribution, but is often misused by people who should not be entitled to receive it. So the problem arises of how sharia views the sale of subsidized LPG to people other than the poor category. This research aims to find out the sharia law view on the sale of subsidized LPG to non-poor people. The type of research used in this research is descriptive qualitative (non-statistical) using a normative juridical approach and conceptual approach. The result of this research is that government regulations strictly regulate the distribution of subsidized LPG, but there are various factors that hinder the effectiveness of the distribution, including community behavior and weaknesses in supervision. From the perspective of sharia law, the sale of subsidized LPG to non-poor people is considered a violation of the principles of justice and trust. Islamic law asserts that such actions are a form of misuse that harms the poor who should be the main beneficiaries, so these actions must be prevented and dealt with firmly in accordance with sharia principles and applicable criminal law. With this research, it is hoped that business people to further adjust their business practices in accordance with sharia principles, which are more fair and trustworthy. which is more fair and trustworthy. It is also hoped that this research can raise public awareness to use LPG as intended.

Status Kehalalan Makanan yang Mengandung Mirin Analisis Kaidah “Iżā Ijtama’a al-¬Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām”

Mufti Rustan — 2024-07-26

This study aims to analyze the halal status of food containing mirin based on the principle of " Iżā Ijtama’a al-¬Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām ". The methodology used is a normative juridical approach, examining the norms in Islamic law derived from the Qur'an, hadith, and the opinions of scholars. The research results show that the use of mirin as an ingredient in food is haram, both before and after cooking, even in very small amounts. This is due to the alcohol content in mirin, which falls into the category of khamar and is considered haram even if it does not cause intoxication in small amounts. This study emphasizes that any mixture of alcohol in food or drink remains prohibited according to Islamic law because of the intoxicating nature inherent in the substance. The contribution of this research is to provide a deeper understanding of Islamic legal principles regarding the use of food ingredients containing haram elements, serving as a guideline for the Muslim community in selecting and consuming food in accordance with Islamic law.

Rukhsah Penderita Epilepsi dalam Pelaksanaan Ibadah

Muh Thaariq Fauzi — 2024-07-26

This study examines dispensations or concessions granted to individuals with epilepsy in performing religious duties from an Islamic perspective. Epilepsy, a neurological disorder characterized by recurrent seizures, presents significant challenges for sufferers in fulfilling their religious obligations. Through a qualitative literature review using normative, phenomenological, and comparative approaches, this research explores forms of rukhsah (leniency) applicable in various aspects of worship such as prayer, fasting, and pilgrimage (hajj). The findings of the study indicate that Islam provides flexibility and facilitation for individuals with epilepsy in worship, such as the ability to combine prayers, exemptions from fasting during Ramadan with specific compensations, and modifications in performing the hajj pilgrimage. The research also underscores the importance of comprehensive understanding of epilepsy among Muslim communities to reduce stigma and enhance social support. In conclusion, these dispensations reflect the principle of ease in Islam and affirm that worship should be conducted according to individual capabilities.

Taklif bagi Penyandang Demensia Perspektif Fikih Ibadah

Ahmad Noor Fauzie — 2024-08-01

The purpose of this research is to determine the definition and criteria of dementia in a medical context and to understand the status of religious obligations (taklif) for individuals with dementia from the perspective of Islamic jurisprudence (fiqh) on worship. This research employs a library research method focusing on manuscript and text studies, using normative and fiqh approaches. The results show that dementia is a term used to describe symptoms of a group of diseases that affect brain function. The impaired brain functions vary according to the stages of dementia. These differences lead to varying statuses of religious obligations at each stage. From the perspective of fiqh on worship, the obligation of worship for individuals with dementia is considered based on their level of awareness and cognitive ability. Individuals with mild symptoms who still possess awareness and a limited ability to understand are still required to fulfill their religious obligations according to their capacity. Those who have reached a chronic stage or have begun to lose their cognitive abilities, resulting in impaired thinking, are not obligated to perform physical acts of worship such as prayer and fasting. However, financial worship obligations, such as zakat, remain obligatory for individuals with dementia even if they have reached the final stages.

Pemboikotan Produk Pendukung Kejahatan Perspektif Maqāṣid al-Syarī’ah

Nurul Rahma Nur — 2024-08-08

Globalization is growing rapidly, the ease of access and mobility of products and resources brings many benefits, but at the same time creates new, very complex problems. One of the more significant global problems is the spread of crime. Boycotting is a concrete action taken by the community to stop a crime, but on the other hand it invites a dilemma because by boycotting a mafsadat can also be caused. This study aims to find out the concept of boycotting products that support crime and analyze boycotts from the perspective of maqāṣid al-syarī'ah. The type of research used in this study is library research, using qualitative research methods described descriptively with normative and sociological approaches. The results of this study are as follows: First, boycotting crime-supporting products is a non-violent action aimed at exerting economic and moral pressure on entities deemed to be involved in criminal acts. This concept involves a systematic rejection of products that are considered to contribute to a crime, in conducting boycotts there needs to be a systematic strategy so that boycotts can run effectively. Second, from the perspective of maqāṣid al-syarī'ah, boycotting products that support crime can be done after considering the benefits that will be obtained, namely, the realization of the objectives of the Shari'ah. As Imām al-Gazālī said that the essence of maslahat is to protect or maintain the objectives of the Shari'ah (maqāṣid al-syarī'ah), so if the boycott of products supporting crime is considered a benefit in an effort to maintain the objectives of the Shari'ah, then it must be done. This research is expected to encourage public awareness to be more critical of the products they consume, so that the boycott of crime-supporting products can be carried out after weighing the maslahat and mafsadat obtained.