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Tinjauan Hukum Islam terhadap Pernikahan dengan Wali Hakim (Studi Kasus di KUA Kecamatan Bulo, Kabupaten Polman) Mukran H. Usman; A. Hawariah; Rosmita, Rosmita; Nurfatimah Muh. Tahir
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 2 No 2 (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.v2i2.365

Abstract

This study aimed to determine the cause of the marriage of guardian judges in the KUA, Bulo District, Polman Regency and to find out the review of Islamic law on this phenomenon. The research method used was field research with descriptive analysis techniques and applies a phenomenological and juridical-normative approach. The results showed that; 1) Among the factors in the occurrence of marriage with the guardian judge at the KUA, Bulo Sub-district, Polman Regency, is because there are no living lineage guardians and or no Muslim lineage guardians; 2) According to Islamic law, marriage with a guardian judge is legal if it has fulfilled the conditions and pillars that have been determined both in positive law and Islamic law, where the KUA Kecematan Bulo, Polman Regency stipulates that the guardian judge is a Muslim, akil, and balig.
The Position of the Guardian in Marriage Perspective of the Hanafi and the al-Shafi'i Madhhab Rosmita; Andi Nur Afifah; Nasaruddin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.30969

Abstract

This article aims to determine and understand the position of the guardian in marriage according to the Hanafi and the al-Shafi’i madhhab, and its application to Islamic law (fiqh), as well as its actualization in social life. Furthermore, to obtain data and answers to these problems, descriptive qualitative (non-statistical) research was used, which focused on the normative approach method. The results found a difference between the Hanafi and the al-Shafi’i madhhab in viewing the position of a guardian in a marriage. The Hanafi madhhab views that a guardian in marriage is not a pillar but only a sunnah, hence, the absence of the guardian does not affect the ijab-qabūl. This is in contrast with the al-Shafi’i madhhab perspective, which places the guardian as one of the pillars, and the absence makes the consent of the qabūl invalid. There is also a sense of security that arises as a result of the guardian's permission. Therefore, because marriage is a life decision, women's choices need to be based on the instruction and knowledge of the guardian.
Pendampingan Belajar Bahasa Arab dan Bahasa Inggris pada Anak-anak melalui Metode Games di Kabupaten Sinjai Rosmita Rosmita
WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat Vol 3 No 2 (2022): WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat
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/wahatul.v3i2.633

Abstract

Sinjai Regency is one of the Level II Regions in the province of South Sulawesi, Indonesia. The district capital is located in Sinjai, which is about ±220 km from Makassar City. The purpose of the STIBA Makassar Real Work Lecture (KKN) batch V is as a form of community service which is a pillar of the Tri Dharma of Higher Education. The method of implementing the service program begins with mapping the problems and needs of the community using SOAR analysis. After the analysis was carried out, the main program was arranged in the form of teaching Arabic and English as well as supporting work programs in the form of Social Service, Muslimah Taklim Council, and Teaching of the Qur'an, DIROSA and TK/TPA. All of these programs managed to run well and have shown initial results in accordance with the KKN objectives that have been proclaimed.
Mencukur Rambut Bayi Perempuan Saat Akikah Perspektif Mazhab Imam Ahmad bin Hanbal Rosmita Rosmita; Sirajuddin Sirajuddin; Nurul Qisti; Nasaruddin Nasaruddin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 3 No 3 (2022): 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.v3i3.620

Abstract

This study aims to find out the problems of shaving hair for babies at the time of aqeekah among the scholars, as well as to find out the views of the Imam Aḥmad bin Hanbal school and its legal isntinbat method in the issue of shaving hair for baby girls in aqeekah. This research is a type of descriptive literature research, which focuses on the study of text manuscripts, using a normative juridical approach. As for the results of the research that scholars have different opinions regarding the law of aqeekah, some say that it is sunnah muakkadah and some say that it is obligatory, in the implementation of aqeekah it is sunnah to perform all rituals of aqeekah. As for the wisdom, it is prescribed for aqikah that there are many benefits, as a form of gratitude to Allah swt, the conditions for akikah are the same as those for qurban and there is no difference of opinion on this matter. In the istinbat method, Imām Aḥmad bin anbāl from the prophet's hadith as well as the opinion of scholars, it is seen that shaving the hair on babies is only for male babies, so that female babies are not included in the order, so they are judged differently from the law for male babies. Regarding this, the opinion of Imam Ahmad bin Hanbal views that it is makruh to shave a baby girl's hair
Tinjauan Hukum Islam Terhadap Operasi Selaput Dara Wanita Nur Aflaha Hasan; Rosmita Rosmita
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 1 No 1 (2022): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
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 (378.436 KB) | DOI: 10.36701/qiblah.v1i1.637

Abstract

This article aims to find out the views of Islamic law on a woman's hymen surgery. The research methodology used is library research which relies on a critical and in-depth study of research materials and results related to the topic of the study problem, using a juridical and sociological approach. The results of the research obtained are that contemporary scholars give different opinions. Some absolutely forbid whatever the reason and some allow it under certain conditions. The differences of opinion of the scholars on the issue of hymen surgery can be concluded as follows: a) If the hymen is only ruptured due to sexual intercourse in marriage or adultery which is known to many people, the scholars agree to forbid it. b) If the rupture of the hymen is due to adultery which is unknown to others, rape or other than sexual intercourse, this is where the scholars differ, some allow it on condition that the operation must be performed by a female doctor.
Zakat Perdagangan bagi Muḥtakir Menurut Perspektif Mazhab Māliki Nurul Istiqamah; Rosmita Rosmita
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 1 (2023): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
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 (606.645 KB) | DOI: 10.36701/qiblah.v2i1.869

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This study aims to find out and understand the opinion of the Imam Mālik school regarding trade zakat for muḥtakir. The type of research used is library research, namely research with the object of data review in the form of library texts, which is descriptive qualitative in nature, namely describing data obtained from various sources which are then analyzed to obtain conclusions, using a juridical approach. normative and philosophical. The results of the study are as follows: first, trade zakat is anything that is prepared to be traded which when it reaches the haul and nisab of trade zakat it is obligatory to issue zakat and ihtikar is the hoarding of merchandise so that its circulation in society becomes reduced and then when people need it later get it out at a higher price. Second, the opinion of the Imam Mālik school regarding the timing of issuing trade zakat for the muḥtakir, namely if he has sold his merchandise after one year or after several years, the muḥtakir is obligated to issue his zakat with the calculation for one year. Imam Mālik's opinion is based on kias mursal, namely a kias that is not based on a source of law that has been determined by the shari'a, but is based on the benefit that is in accordance with the shari'a.
Eksistensi Hijab sebagai Upaya Perlindungan terhadap Wanita Muslimah Perspektif Maqāṣid al-Syarī’ah Rosmita Rosmita; Qadriani Arifuddin; Sitti Aminah; Nasaruddin Nasaruddin
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 1 (2023): 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.v4i1.882

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This research aims to know and understand the existence of hijab as an effort to protect muslim women from the Maqāṣid al-Syarī'ah Perspective. The method used in this study is library research with a qualitative descriptive type of research, using normative and philosophical approaches. The results of the study found that the hijab has an important role in Islam. Some of the urgency of the hijab, namely the hijab as a form of obedience to Allah swt. and His Messenger, the hijab can reduce various kinds of slander, and more importantly the hijab makes women more respectable and protected. Hijab protects women by covering their nakedness and curves and the beauty they have so that they do not cause slander and do not invite lust or dirty thoughts for those who look at them. The hijab order was revealed by Allah swt. certainly has benefit both in this world and in the hereafter. By wearing the hijab, the religion, soul, intellect, property and lineage of a Muslim woman will be maintained.
حكم زكاة مال الصبي عند المذاهب الأربعة Rosmita Rosmita; Mukran H. Usman; Riska Riska; Karmila Karmila
البصيرة: مجلة الدراسات الإسلامية Vol 4 No 1 (2023): البصيرة: مجلة الدراسات الإسلامية
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/bashirah.v4i1.879

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This study aims to determine the law of zakat on the assets of young children according to the four schools of thought and to analyze the opinions of scholars of the four schools regarding the law of zakat on the assets of young children. The research method used is inductive and comparative methods. The results of this study are: first, according to Hanafi, the law of zakat on the assets of young children is not obligatory, while according to the Maliki, Shafi'i and Hambali schools, it is obligatory. Hanafi is of the opinion that zakat is worship that is mahḍah which requires the age of maturity and intelligence, while the Maliki, Shafi'i and Hanbali schools do not require adulthood and have reason in it, because of the generality of the zakat verses and the existing hadiths, so they view that it is obligatory; second, based on the results of the analysis, the researcher believes that zakat on the assets of young children must be paid zakat for several reasons other than the arguments of the Al-Qur'an and Sunnah, including zakat is a property worship, and small children may own these assets, so that the right of the indigent The poor should not be prohibited from receiving zakat assets.
Hukum Jual Beli Buah Langsat dengan Sistem Jizāf (Studi Kasus di Posigadan Kabupaten Bolaang Mongondow Selatan) Rosmita Rosmita; Muhammad Taufan Djafri; Maryam Mooduto; Nasaruddin Nasaruddin
AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam Vol 2 No 2 (2022): AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/al-khiyar.v2i2.648

Abstract

This study aims to understand the law of buying and selling langsat fruit with the jizāf system in Posigadan South Bolaang Mongondow Regency. The type of research is a case study (field research) using a normative, historical and sociological approach. The research results found are as follows. First, the practice of buying and selling langsat fruit with the jizāf system in Posigadan South Bolaang Mongondow Regency, which is bought by wholesale without being measured or mined again to traders when the langsat fruit is still on the tree and ready to be harvested. Second, the sale and purchase transactions of langsat fruit carried out by farmers and wholesalers in jizāf in Posigadan are legal in accordance with Islamic law because they have fulfilled the pillars of buying and selling, namely: the existence of sellers and buyers, objects of sale and purchase, and sighat. In addition, buying and selling transactions carried out by farmers and contractors have met the requirements of jizāf sale and purchase, namely: the merchandise is visible to the eye during the contract or before the contract, the seller and the buyer do not know the quantity of the merchandise, the purpose of buying and selling in jizaf is to buy in large quantities. many and not units, merchandise must be assessed by people who are experts in assessing, merchandise in large quantities but not too much, one contract may not include buying and selling where one object can be measured while the other cannot.
Arisan Kurban dalam Perspektif Hukum Islam Rosmita Rosmita; Zulfiah Sam; Isra ‘Aini; Nasaruddin Nasaruddin
AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam Vol 3 No 1 (2023): AL-KHIYAR: Jurnal Bidang Muamalah dan Ekonomi Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/al-khiyar.v3i1.908

Abstract

This study aims to provide clarity regarding the law on the implementation of the sacrificial arisan in the view of Islamic law. This research uses a qualitative approach with library research methods and descriptive analysis. The results of this study indicate that the opinion of the majority of scholars regarding the law of sacrificial worship is that sacrifice is not obligatory but is sunnah for those who can afford it. For people who are less able but have a great desire to get closer to Allah through the performance of sacrificial services, there is nothing wrong with following the arisan method which includes elements of debt and credit. With a note if there is a guarantee of the ability to pay it. The implementation of the sacrificial arisan which is carried out by some members of the community is legally permissible or permissible because it fulfills the terms and pillars of the contract. The implementation of the qurban gathering is a new problem in muamalah which did not exist before at the time of the prophets and companions and has not been mentioned in the Qur'an or hadith, so it is returned to the original law of a problem. It is permissible as long as there is no reason to forbid it. The qurban gathering carried out by some people has fulfilled the principles of muamamalah, namely the principle of mutual consent between all parties. In carrying out this sacrificial arisan, it brings many benefits to people who are less fortunate but have a great desire to carry out sacrificial worship in order to draw closer to Allah. Another benefit that is also found in the implementation of this sacrificial arisan is that it can be a means to get closer to Allah and to establish friendship between all members of the arisan group. Given the many benefits derived from the implementation of the sacrificial arisan.