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MENYOROT FENOMENA CADAR DI INDONESIA Mubakkirah, Fadhliah
Musawa: Journal for Gender Studies Vol 12 No 1 (2020)
Publisher : Pusat Studi Gender dan Anak, IAIN Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/msw.v12i1.585

Since the emergence of veil use in Indonesia, it has always been a hot issue to discuss, such as legal (Syariah) differences (khilafiyah issues), is it cultural or not, and it considered a symbol of radicalization. The most recent discourse is the ban on the use of the veil by the Minister of Religion to be polemic in the society, there are those who support with security reasons, and also those who reject it because they regard it as an expression of religious practice. The discussion about the use of veil became a response to the phenomenon that occurs in the community.

MENYOROT FENOMENA CADAR DI INDONESIA Mubakkirah, Fadhliah
Musawa: Journal for Gender Studies Vol. 12 No. 1 (2020)
Publisher : Pusat Studi Gender dan Anak, IAIN Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/msw.v12i1.585

Since the emergence of veil use in Indonesia, it has always been a hot issue to discuss, such as legal (Syariah) differences (khilafiyah issues), is it cultural or not, and it considered a symbol of radicalization. The most recent discourse is the ban on the use of the veil by the Minister of Religion to be polemic in the society, there are those who support with security reasons, and also those who reject it because they regard it as an expression of religious practice. The discussion about the use of veil became a response to the phenomenon that occurs in the community.

IMPLEMENTASI HAK MILIK ATAS TANAH DALAM TINJAUAN HUKUM ISLAM DAN HUKUM AGRARIA: Studi di Desa Sibowi Kecamatan Tanambulava Kabupaten Sigi Suardi, Sumarlin; B, M. Taufan; Mubakkirah, Fadhliah; Nafilah, Indri Azkilan
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 2 (2023)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v4i2.143

This article discusses land ownership rights from the perspectives of Islamic law and agrarian law, using a case study in Sibowi Village, Tanambulava Subdistrict, Sigi Regency. The research method employed is a qualitative research approach, with the research location chosen in Sibowi Village, Tanambulava Subdistrict, Sigi Regency. Data sources include primary and secondary data relevant to the researched issues. The research findings indicate that the community of Sibowi Village, Tanambulava Subdistrict, Sigi Regency, had long been managing the land, which was formerly abandoned. In the context of Islamic law, ownership of the land by the community in Sibowi Village is recognized. This recognition is based on the Prophet's hadith regarding reviving barren land, along with the opinions of Syafi'i and Ahmad stating that abandoned lands are not owned by Bayt al-mal but are neutral property (mubah). According to Islamic law, the person who first cultivates (works on) the land is considered its owner. However, from the perspective of agrarian law, formal recognition of ownership rights over the land must comply with the prevailing legal provisions. The acknowledgment of land ownership rights in agrarian law is contingent on formal legality, involving the land registration process, which results in valid proof of ownership, such as a land certificate. Therefore, the land ownership of the Sibowi Village community does not meet the criteria for ownership according to agrarian law.

PRAKTIK TRADISI MOMPOPALIA BALA’ PADA KENDARAAN BARU DI DESA BATU HITAM PERSPEKTIF URF Listanto Ndeo, Virgiawan; Mubakkirah, Fadhliah; B, M. Taufan
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 1 (2024)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v5i1.192

In the community of Batu Hitam Village, Nuhon Subdistrict, Banggai Regency, many customs and traditions are still preserved, upheld, believed in, and developed, one of which is the Mompopalia Bala’ Tradition. The Mompopalia Bala’ Tradition, or ritual to ward off misfortune, has been practiced in this region for a long time. This tradition is held as an expression of gratitude to the Creator for the successes achieved. This research aims to understand and examine the practice and the ‘Urf perspective on the Mompopalia Bala’ tradition in Batu Hitam Village. To achieve this goal, an empirical legal research method with an interdisciplinary approach was used. The research was conducted in Batu Hitam Village, Nuhon Subdistrict, Banggai Regency, through field observations, interviews with traditional leaders, religious leaders, and community figures, and documenting the interview process as well as the execution of the Mompopalia Bala’ tradition. The results of this research show that the Mompopalia Bala’ tradition begins with determining the time and day for bringing in the new vehicle (Molio jamsinanu maima), storing the new vehicle for three days (Monguna kendraan anuoli), and concludes with a prayer recitation over water and the sprinkling of the water onto the new vehicle (Mondudu’i kendraan anu sala’je ingoli). From the perspective of ‘Urf, the Mompopalia Bala’ Tradition in Batu Hitam Village, in terms of its meaning, falls under Urf Al-Khas, and in terms of its form, it is included in Al-‘Urf Al-Fi’li, while from the aspect of being considered a legal basis, it falls under ‘Urf Shahih.

TRADISI ZIARAH KUBUR DI PULAU PAJENEKANG KABUPATEN PANGKEP PERSPEKTIF ISLAM Rizky, Muh. Fajar; Mubakkirah, Fadhliah; Ubay
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 2 (2024)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v5i2.197

The tradition of grave pilgrimage has become a common practice among Muslims in Indonesia, including the community on Pajenekang Island, Pangkep Regency, South Sulawesi. This tradition includes rituals of visiting the graves of Islamic scholars who are considered to have contributed to the spread of Islam, as well as heroes who fought to protect the sovereignty of Pajenekang Island from Dutch colonizers. This practice is a heritage passed down from generation to generation. This study employs a qualitative-descriptive research method with an empirical juridical approach. The findings indicate that the tradition of grave pilgrimage on Pajenekang Island in Pangkep Regency integrates Islamic principles with local cultural customs. This includes rituals such as bringing specific traditional cakes to the gravesite and praying or performing tawassul near the grave. The pilgrimage is conducted on the third Friday of the month of Muharram. The study concludes that, based on the theory of ‘Urf and the principle of Al-‘Adatu Muhakkamah, the tradition of grave pilgrimage on Pajenekang Island is permissible (mubah) as it does not conflict with Islamic teachings. However, attention must be given to the intention and purpose of the pilgrimage to ensure that individuals do not fall into the practice of shirk (idolatry).

PERSPEKTIF HUKUM TERHADAP PERLINDUNGAN ANAK DAN LANJUT USIA Wahyuni; Mubakkirah, Fadhliah; Khatimah, Andi Husnul
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 1 (2025)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v6i1.216

Children and the elderly are categorized as vulnerable groups requiring special legal protection. Although the government has shown commitment to safeguarding the rights of children and the elderly, the practical implementation has yet to yield optimal outcomes. There is a pressing need for comprehensive legal regulations to ensure the effective protection of these groups, including the identification and regulation of specific areas of concern. This article explores the legal and institutional roles of the government, social welfare institutions (LKS), and the community in fulfilling the state’s obligation to protect children and the elderly. It also emphasizes the importance of legal frameworks that support adequate infrastructure, financial stimuli, budget allocation, and capacity development of social workers as key elements of protection. Furthermore, the article highlights that the legal responsibility to protect these vulnerable populations should be mainstreamed across all sectors of governance, and should not rest solely on a single social institution, in order to ensure a holistic and rights-based approach to protection.

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