cover
Contact Name
Azwar Iskandar
Contact Email
azwar.iskandar@gmail.com
Phone
+6281355913562
Journal Mail Official
bustanulfuqaha@gmail.com
Editorial Address
Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar Jl. Inspeksi PAM, Manggala, Kota Makassar, Sulawesi Selatan, Indonesia, 90234.
Location
Kota makassar,
Sulawesi selatan
INDONESIA
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
ISSN : -     EISSN : -     DOI : 10.36701
Core Subject : 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.
Articles 18 Documents
KOREKSI HUKUM ISLAM TERHADAP HUKUM JAHILIAH Mukran H. Usman; Akhmad Hanafi Dain Yunta
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (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 | Full PDF (197.169 KB) | DOI: 10.36701/bustanul.v1i1.120

Abstract

Islamic law came to bring justice and benefit. The law of jahiliah in some cases were corrected but not removed, so this also strengthened the understanding that the sharia Law of the previous people were originated from Allah who were improved, corrected, and adjusted. This study aimed to provide an explanation and knowledge concerning the law of jahiliah that were corrected by Islamic law without being removed. The research method used was the literature study with normative approach and was supported by a historical approach. The result shows that it is clear that Islamic justice did not necessarily eradicate some of the laws of jahiliah, such as: Polygamy, dowry, and the period of idah. On the contrary, Islam eliminates the technical that are unjust and still consider that law as part of Islamic law.
STUDI KOMPARASI KESAKSIAN WANITA DALAM HUKUM PIDANA ISLAM DAN HUKUM PERDATA ISLAM Abdul Rahim; Kasman Bakry
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (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 | Full PDF (210.392 KB) | DOI: 10.36701/bustanul.v1i1.122

Abstract

This study explains that in the view of Islamic law on women's testimony in Islamic criminal law is that in Jarimah ?ud?d, kisas and takzir there are two conditions that could have occurred. Therefore, the two legal studies have similarities and differences, the location of the similarities can be seen from their position as well as their role as witnesses, namely in terms of their position as one of the evidences in the process of problem solving and in terms of their roles equally contributing to provide true information in accordance with what women see, hear and / or feel / experience it yourself. Whereas the difference in general is that in Islamic criminal law, jumhur ulama are of the opinion that a woman's testimony is rejected, meaning that a minority is accepted, and even then in a very urgent situation, while in Islamic civil law all ulama are of the opinion that a woman's testimony is accepted meaning that there is not a single ulama who reject it and there are even some cases that prioritize women's testimonies over men's testimonies namely issues that are specifically in the area of women.
KONSEP DASAR IJMAK SEBAGAI SUMBER HUKUM ISLAM Ahmad Syaripudin; M. Kasim
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (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 | Full PDF (251.033 KB) | DOI: 10.36701/bustanul.v1i1.125

Abstract

This study aimed to describe the basic concept of consensus as source of Islamic law. The description of basic concept of consensus consists of: 1) definition of consensus; 2) status of consensus as a fundament of Islamic knowledge and law; 3) types of consensus; 4) examples of consensus in terms of classical and contemporary Islamic jurisprudence; and 5) law of refutation against consensus. The research applied a qualitative-descriptive approach with library research methods combined with content analysis of a number of books and related articles. The results show that: 1) consensus is an agreement of scholars of mujtahid among the people of Prophet Muhammad saw. on an shari issue that is not obviously found in the Koran and hadis in the period after the Prophet which has specific pillars and conditions; 2) of consensus in its position as a source of knowledge and Islamic law is in the third row after the Koran and hadis; 3) types of consensus include ?ar?h consensus and suk?t? consensus, and some divides it into qat?i consensus and dzanni consensus; 4) some examples of consensus: a) forms of classical Islamic jurisprudence consensus: the agreement of the scholars regarding the prohibition of marrying grandmother and granddaughter, that grandson and son are in one position in terms of inheritance division, that inheritance portion for grandmother is one sixth if there is no mother, and consensus of the companions to codify the Koran owing to benefits that appeared during the caliphate of Abu Bakr al-Shiddiq ra. b) Forms of contemporary Islamic jurisprudence: validity of human organ transplants, brain death, animal and human cloning, joint-stock companies, stock exchanges, globalization, and compliance with international institutions, regulations and laws such as world education organizations and world trade organizations; and 5) law of those who refute consensus in absolute manner (totality) are considered disbelievers.
METODE PENETAPAN WAKTU SALAT MENURUT DEWAN SYARIAH WAHDAH ISLAMIYAH Ronny Mahmuddin; Abdul Munawir; Muslimin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (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 | Full PDF (268.69 KB) | DOI: 10.36701/bustanul.v1i1.126

Abstract

This study aimed to identify and recognize the correct method in determining shari prayer times according to Sharia Board of Wahdah Islamiyah. The issues in this study were; First, Islamic jurisprudence and the position of the sun being the main point of reference according to the Sharia in determining the initial time for prayer; Second, the law of employing astronomy in determining the initial time for prayer; Third, the correct method in determining shari prayer times according to Sharia Board of Wahdah Islamiyah. The type used was descriptive qualitative (non-statistical) research, which focused on the study of scripts and texts, employing a normative approach (shari) with field studies in the form of interviews with related figures. The results of the study show that; first, to recognize the Islamic jurisprudence and the position of the sun as the main point of reference in determining the initial time for prayer must be understood based on the propositions in the Koran and sunnah through the interpretation of the scholars who were well-known for their credibility. Second, in determining the prayer time schedule, the main method used is the method of rukyat with the help of astronomy as a means and device, but not as a primary point of reference. In addition, the process of preparing the prayer schedule is necessarily conducted through discussions by experts of Islamic jurisprudence and astronomy, both those affiliated with Wahdah Islamiyah and experts from outside Wahdah Islamiyah who are willing to provide recommendations and suggestions.
METODE ISTINBATH DEWAN SYARIAH WAHDAH ISLAMIYAH DALAM MENETAPKAN HUKUM BPJS KESEHATAN MANDIRI Islahuddin Ramadhan Mubarak; Sulkifli Herman; Rahmat Saputra
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (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 | Full PDF (292.717 KB) | DOI: 10.36701/bustanul.v1i1.127

Abstract

This study aimed to recognize the law of Individual Healthcare of Social Security Agency (BPJS Kesehatan Mandiri) in Islamic law by linking the fatwa of the Sharia Council of Wahdah Islamiyah regarding its legal status. This study tried to examine the flow and contract system of BPJS Kesehatan Mandiri and istinba>t method of Sharia Council of Wahdah Islamiyah in determining the law of BPJS Kesehatan Mandiri. The method in this study used qualitative research based on field research with observation, interview, and manuscript collection techniques, and descriptive analysis in summarizing research findings. The results found were as follows: First, the concept of social security prescribed in Islam to actualize ta?a>wun, tada>mun, or taka>ful is the concept of insurance conducted in a way a tabarru? agreement is there, that is a form of contract which is conducted with the aim of goodness and helping each other. Second, BPJS Kesehatan is a public legal entity that is responsible for providing social security for the entire community based on Law No. 40 of 2004 and Law No. 24 of 2011 concerning the Social Security Organizing Agenc Third, the istinba>t method of the Wahdah Islamiyah Sharia Council is based on the Qur'an, Sunna, Ijmak and Qiya>s. Fourth, the recommendations from istinba>t of Sharia Council of Wahdah Islamiyah regarding the ideas and concepts of social security are that it is not a problem, however the flow and contract system are not yet in accordance with the sharia. Fifth, the recommendations of istinba>t results of Sharia Council of Wahdah Islamiyah regarding the existence of BPJS Kesehatan are that it is needed by Indonesian people, then it is not difficult to make social insurance based on sharia rules, if this is not possible, then the community should be given a choice to choose an insurance in accordance with sharia principles.
STUDI EKSISTENSI HUKUM ISLAM PADA PERATURAN DAERAH DI SULAWESI SELATAN Ariesman, Ariesman; Iskandar, Iskandar
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (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 | Full PDF (195.146 KB) | DOI: 10.36701/bustanul.v1i1.130

Abstract

Islamic law existed in Indonesia in the 7th century AD or the first century Hijri. This is in line with the entry and development of Islam in Indonesia, whereas previously Indonesians embraced animism, dynamism and Hindu-Buddhist beliefs which were very far from Islamic values. The development of Islamic Law in Indonesia continues to experience development in all regions in the archipelago, including has spread in South Sulawesi, so that the values ??or rules of Islam have colored all aspects of community life in South Sulawesi. Based on the results of the literature study, the development of Islamic law in South Sulawesi began since Islam was officially accepted by King Gowa-Tallo on Friday night, September 22, 1605 AD The first king to accept Islam on that day was a king from Tallo named I Malingkaang Daeng Mannyonri , the king then changed his name to Sultan Abdullah Awwalul Islam. In line with the long course of time the development of Islamic law is increasingly showing its existence through the birth of the "Islamic Sharia Enforcement Preparation Committee" (KPPSI) which was inaugurated on April 15, 2001 AD at the al-Markaz al-Islami Mosque in Makassar and various official regulations issued by the provincial, district and village level governments.
HUKUM DAN URGENSI WAKAF TUNAI DALAM TINJAUAN FIKIH Asri, Asri; Khaerul Aqbar; Azwar Iskandar
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 1 (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 | Full PDF (214.583 KB) | DOI: 10.36701/bustanul.v1i1.132

Abstract

This study aimed at determining the law and urgency of cash waqf in fiqh point of view in accordance with some views of fiqh scholars related to cash waqf. This research used a qualitative-descriptive approach with content analysis techniques and library research. The results showed that the scholars hold different views in deciding the law of cash waqf. Some scholars hold that the cash waqf is permissible. Some others hold that it is makruh (undesirable). There are even some scholars who forbid it. The author inclines toward the view that asserts its permissibility. The urgency and target of cash waqf is improvement of the economy and benefit in the world and the hereafter.
HUKUM SALAT BERJEMAAH DI MASJID DENGAN SAF TERPISAH KARENA WABAH Eko Misbahuddin Hasibuan; Muhammad Yusram
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 2 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam - Special Issue: Islamic Law Perspecti
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 | Full PDF (217.903 KB) | DOI: 10.1234/bustanul.v1i2.139

Abstract

This article aimed to describe the law of congregational prayer in mosque with tenuous line due to Corona outbreak that hits this country. This study used a descriptive qualitative approach that describes Islamic concepts that need to be understood and implemented in the matter of congregational prayer in unusual situation by analyzing the propositions and opinions of the scholars. The results of this study indicate that if there were instruction to temporarily discontinue Friday prayers and congregational prayers in the mosque that is merely an appeal and an institution or mosque takmir decided to continue conducting congregational prayers in the mosque by applying social distancing, then their congregational prayers would be considered legal. However, obeying the appeal of the authorities, both the government and Indonesian Council of Ulama (MUI), is more recommended and preferred. It is because an appeal, although not compulsory, is intended to benefit the community in general, and the appeal is issued owing to the danger of Corona outbreak that is obvious and real. This appeal is enough to be considered excuse for discontinuing the congregational prayers in the mosque and substituting Friday prayer with four-rakat Zuhr prayer.
HUKUM MENYEGERAKAN PENYERAHAN ZAKAT HARTA DAN ZAKAT FITRAH DI SAAT PANDEMI COVID-19 Ronny Mahmuddin; Irsyad Rafi; Khaerul Aqbar; Azwar Iskandar
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 2 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam - Special Issue: Islamic Law Perspecti
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 | Full PDF (151.989 KB) | DOI: 10.1234/bustanul.v1i2.140

Abstract

The objective of this research was to recognize the law of hastening the payment of zakat on wealth and zakat al-fitr in the midst of Covid-19 pandemic. This research used a descriptive qualitative approach which was an attempt to understand various concepts found in the research process by using content analysis techniques and library research. The results of the study show that: first, it is possible to immediately pay zakat on wealth on condition that the ratio must be sufficient, according to a strong opinion namely that is the opinion of the majority of scholars; second, as for zakat al-fitr, the opinion which is a view in the Shafi'i school can be a solution for the current situation that it is permissible to hasten zakat al-fitr since the beginning of Ramadan. But the stronger opinion is that zakat al-fitr can only be paid one day or two days prior to the id according to a clear argument and guidance. As for the urgency of the needs of the Muslims, this does not necessarily become a reason that allows the hastening of zakat al-fitr so that it becomes the only solution that must be taken. However there is another solution, it is enhancing the encouragement for those who have adequate amount to optimize charity and alms aimed at our brothers and sisters who are in need in the midst of Covid-19.
COVID-19 DALAM PERJALANAN AKHIR ZAMAN: SEBAB, DAMPAK DAN ANJURAN SYARIAT DALAM MENGHADAPINYA Mukran H. Usman; Aswar, Aswar
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 1 No 2 (2020): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam - Special Issue: Islamic Law Perspecti
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 | Full PDF (206.804 KB) | DOI: 10.1234/bustanul.v1i2.142

Abstract

Rasulullah saw. had informed muslims about the occurrences that will befall mankind on their way to the end of time, including the evil disasters that will hit the earth, kill, and destroy the human being. As a muslim, there is no word except that we believe in the occurrences and phases of the journey towards the end of the time. This study aimed to explain one of the occurrences of the journey towards the end of time that befall the world and mankind today, which is one of the deadly infectious outbreaks so-called coronavirus or covid-19, which has destroyed many people, imprisoned people in cities and countries, and caused various disasters and havocs as the result of the outbreak. The research method used was library research which was through a literature review related to the research. The results showed that the information of the journey towards the end of time would appear one by one in the range of human life, how they live, so thus Allah swt. shows them the meaning of the age they lived in. The worse human life is, the more Allah swt. show the badness of that era to the point where it is rampant engulfing the world and mankind, even though among those times are pious people, whether in an Islamic country or groups. Muslims are encouraged to follow the Shari'a when an epidemic strikes a country, namely: 1) not entering a country affected by disaster; 2) close the container where the water is; 3) pray a lot and recite; and 4) living in the city of Medina; stay indoors. Finally, the effects of the plague at the end of time are: 1) the number of sudden deaths; and 2) humans are isolated.

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