Sirajuddin Sirajuddin
Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar, Indonesia

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Hak Syuf’ah Menurut Fikih Muamalah dan Serapannya dalam Kompilasi Hukum Ekonomi Syariah Fakhri Nur Zaki; Jahada Mangka; Sirajuddin Sirajuddin
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 | DOI: 10.36701/qiblah.v2i1.836

Abstract

This study aims to determine the rights of syuf'ah according to the perspective of fiqh muamalah and its absorption in the Compilation of Islamic Economic Law (KHES) with the research method used is descriptive qualitative (non-statistical) using the library research method and the Juridical Normative approach. and Statue Approach. The results of this study found that the right of syuf'ah in general is the right of partners/partners (syafī') to forcibly take over what has been sold by their union partners in the form of immovable property or assets to third parties or new buyers by paying compensation. or costs in accordance with those incurred by the third party or the new buyer. Meanwhile, according to the Sharia Economic Law Compilation in general, syuf'ah rights are the rights of a legal object over another legal subject to take precedence in the transfer or transfer of ownership of an immovable object as a substitute for sulh. So far the guidelines mentioned in the KHES regarding syuf'ah rights are still limited to mentioning definitions, wisdom and a small part of the provisions of syuf'ah rights that exist in muamalah fiqh. There are still many other provisions of syuf'ah rights in muamalahfiqh that have not been absorbed (adopted) in KHES such as the provisions regarding Masyfū 'alaih which is one of the main topics of syuf'ah rights.
Hak Waris Janda Talak Bāin oleh Suami yang Sakit Parah Menurut Imam Malik dan Imam Syafii serta Implementasinya dalam Kompilasi Hukum Islam Yuli Yuli; Mukran H. Usman; Sirajuddin Sirajuddin
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol 2 No 2 (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 | DOI: 10.36701/qiblah.v2i2.937

Abstract

This study aims to determine the inheritance rights of wives who are divorced by husbands who are seriously ill according to the views of Imam Malik and Imam Syafii and their application in the Compilation of Islamic Law (KHI). This research is a library research, using a normative approach and a comparative approach. The results of the study found that there were differences of opinion between Imam Malik and Imam Syafii regarding the inheritance rights of wives who were divorced by husbands who were seriously ill. according to the rules of saddu al-żarī'ah, closing loopholes for husbands who reject their wives with the intention that the wife does not receive an inheritance. These two opinions will be the same when viewed from the KHI's point of view, because divorce from the KHI's point of view is the process of pronouncing a divorce vow which must be carried out in front of the court and witnessed by the judge of the Religious Court. If the pronouncement of the divorce pledge is made outside the courtroom, then the divorce is considered invalid and does not have binding legal force. Article 137 KHI also states that a divorce suit is void if the husband and wife die before the decision of the Religious Court regarding the divorce suit is made.
Analysis of Factors Affect the Differences of the Determination of Fajr Ṣādiq and Its Relevance to the Basic Principles of Sharia Sirajuddin Sirajuddin; Azwar Azwar; Aswar Aswar
Kawanua International Journal of Multicultural Studies Vol 4 No 1 (2023)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v4i1.547

Abstract

This study aims to: (1) analyze the factors that cause differences in the determination of the beginning of fajr prayer time; (2) analyze the relevance of the determination of fajr ṣādiq as the beginning of fajr prayer time with the basic principles of Islamic law. This research is qualitative descriptive research using library research methods with normative of sharia and philosophical approach. The results of the study found several things. First, the difference in setting the schedule of fajr prayer is due to differences in the determination of the criteria of the elevation of the sun under the horizon and differences in interpreting the meaning of the naṣ and terms related to the time of fajr prayer, such as fajr, galas, isfār, tabayyun and others. Second, the basic principle in determining the beginning of the time of fajr prayer based on the perspective of Sharia is that the fajr prayer is determined by the signs that are believed, so that the criteria for the appearance of fajr ṣādiq are set at the unquestioned elevation of the sun and with signs that are ḥissiyah (observable with five senses) in accordance with maqāṣid al-taysīr that can be understood and observed by every Muslim. This study contributes to the studies related to determining the start of prayer times. The results of this study provide recommendation in the form of determining the angle of fajr ṣādiq at the criterion between -18º and iḥtiyāṭ 2 minutes or -17.5º, as a precautionary measure, so that the polemic that occurs in the community regarding prayer time schedules is expected to be reduced or even resolved.
Keabsahan Jenis Hewan Kurban Menurut Perspektif Imam Syāfi’ī dan Imam Ibnu Ḥazm Ahmad Syaripudin; Sirajuddin Sirajuddin; Sudarwan Sudarwan
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 2 (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.v4i2.1008

Abstract

This study aims to determine the validity of the types of sacrificial animals from the perspective of Imam Syāfi’ī Imam and Imam Ibnu Ḥazm. The issues raised in this research are; the perspective of Imam Syāfi’ī and Imam Ibnu Ḥazm on the validity of the types of sacrificial animals and their argumentative basis. This type of research is descriptive qualitative using a literature review method focusing on manuscript studies, with a comparative study approach method. The results of this study are as follows: First, Imam Syāfi’ī's perspective regarding the validity of the types of sacrificial animals that are legally used as sacrificial animals is only Bahīmah al-'An'ām as for animals that are other than illegal as sacrificial animals. As for the perspective of Imam Ibnu Ḥazm regarding the validity of sacrificial animals that are legally used as sacrificial animals, they are any type of animal whose meat is halal, whether it has four legs or two legs. Second, Imam Syāfi’ī and Imam Ibnu Ḥazm have the same perspective that Bahīmah al-'An'ām is legally used as a sacrificial animal. However, Imam Syāfi’ī and Imam Ibn Ḥazm have different perspectives other than that Bahīmah al-'An'ām is legal or illegal to be used as a sacrificial animal; the main argumentative foundation of Imam Syāfi’ī is. Q.S. Al-Hajj/22: 34. Meanwhile, the argumentative basis of Imam Ibn Ḥazm's argument was narrated from Abdullah bin Abbas and Bilal bin Rabbah.
Hukum Jual Beli Followers di Media Sosial Instagram dalam Perspektif Perbandingan Mazhab M. Kasim; Sirajuddin Sirajuddin; Tita Ratna Irmawati
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol 4 No 2 (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.v4i2.1016

Abstract

This study aims to analyze the laws of buying and selling followers on Instagram social media in the perspective of the four schools of thought and to conduct a comparative study of the opinions of the four schools of thought. The type of research used is library research, with a normative and philosophical approach. The results of the study show that: (1) the practice of buying and selling Instagram followers is illegal and this sale and purchase is a fraud. The reason for the invalidity of this practice is the non-fulfillment of the terms of the object of the contract, that is, the goods being traded must be fully owned by the seller, whereas in the buying and selling of followers, the seller is not the owner of the object of the contract and the shape of the object cannot be seen by both parties; (2) the jury of scholars differed on this type of ba'i, especially on the object of the contract which does not belong to the seller. The Syafii and Hambali schools say that it is invalid or unlawful even though they obtain permission from the representative or the owner, while the Hanafi and Maliki schools say that it is legal or permissible but is mauqūf (depending) on the willingness of the authorities (the owner or guardian). Jumhur scholars differ on the object of the contract that is not visible. The Shafi School says it is invalid or unlawful, while the Malik School and Hanafi School say it is permissible, but it is necessary to state the nature of the goods, and the buyer has the khiar to carry out or refuse the sale and purchase.
Pembentukan Karakter Islami di Desa Bolaromang Khaerul Aqbar; Sirajuddin Sirajuddin; Aswar Aswar
WAHATUL MUJTAMA': Jurnal Pengabdian Masyarakat Vol 4 No 2 (2023): 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.v4i2.1089

Abstract

The Community Service Program (KKN) V for STIBA Makassar students aims to increase Islamic knowledge and religious skills in the people of Bolaromang Village, Buttono Pao District, Gowa Regency. Implementation of activities begins with mapping problems and needs using SOAR analysis. After analyzing the problems and needs, work programs are then prepared according to the needs of the community as a form of community service (PkM). The stages of PkM activities include: the observation stage, the preparation stage, the implementation stage, the mentoring stage, and the evaluation stage. Some of the programs/activities that have been successfully implemented are: Al-Qur'an Illiteracy Eradication, Religious Development, and the Saleh Children's Festival. From these activities, enthusiasm and support from elements of the village government, the taklim assembly, and the community were seen in quite large activities. The community feels the benefits after participating in this KKN program, including an increase in knowledge, insight and religious skills. The sustainability of this program is in the form of further coaching for the community, especially for fathers and youth.