Article Per Year (5 Year)
p-Index From 2020 - 2025
0.778
P-Index
This Author published in this journals
All Journal COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum
B, M. Taufan
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
THE LEGAL STATUS OF A CHILD BORN OUT OF WEDLOCK IN THE PERSPECTIVE OF SYAFI’I AND HANAFI SCHOOLS Rizka A. R, Nyrza; B, M. Taufan; Amelia, Yuni
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 1 (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.v4i1.134

Abstract

Promiscuity among young people, as happened today, often leads to unexpected things, namely the occurrence of pregnancy before marriage. If a child was born illegitimately, he was usually called a child born out of wedlock (natural child). As a result, he cannot be connected to his father but only to his mother. According to Syafi'i School, a child born out of wedlock is born less than six months after intercourse with a legal husband. The child's legal status does not have a lineage relationship with his biological father because he was born outside of a legal marriage. Meanwhile, according to the Hanafi School, a child born out of wedlock is born less than six months after the marriage contract. The legal status of children born out of wedlock is the same as children born in a legal marriage because the Hanafi School considers the existence of lineage in essence. The main difference between the two is in their understanding and interpretation of the sources of Islamic law related to the status of a child born out of wedlock. There is a difference because in term of history, in term of sociology, and in term of culture.
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

Abstract

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

Abstract

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.
MUALAF SEBAGAI MUSTAHIK ZAKAT PERSPEKTIF MUHAMMADIYAH DAN NAHDLATUL ULAMA KOTA PALU Musdalifa, Aisya; B, M. Taufan; Mayyadah
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.v5i2.202

Abstract

Islam teaches the importance of zakat as one of the main instruments in distributing wealth and upholding social justice. In Qur'an verse At-Taubah 60 explains eight groups of zakat mustahik, one of which is converts, namely people who have just converted to Islam or individuals whose hearts are expected to be attracted to Islam. This research uses empirical research methods, data collection techniques through observation, interviews and documentation studies. The results of the research show that converts to Islam in Palu City have on average embraced Islam for a long time. The picture of converts as zakat recipients is that there are still those who still receive their zakat and there are also those whose zakat has been cut off and has even become muzakki. Giving zakat really helps them and can increase their faith in Islam. The perspective of Muhammadiyah and Nahdlatul Ulama in Palu City refers to At-Taubah 60, which states that converts have the right to receive zakat. The two organizations do not have differences of opinion regarding the criteria for converting zakat recipients, the purpose of giving zakat, the impact of giving zakat from an economic and spiritual perspective, as well as the priority scale for giving zakat. However, they differ in their opinions regarding the time limit for giving zakat to converts. From the conclusions obtained, it is recommended that Muhammadiyah and Nahdlatul Ulama in Palu City have data on converts who receive zakat, so that well-documented data will provide a clear picture of the number of converts, their needs, and the impact of the zakat assistance given to them.
Co-Authors Amelia, Yuni Listanto Ndeo, Virgiawan Mayyadah Mayyadah Mubakkirah, Fadhliah Musdalifa, Aisya Nafilah, Indri Azkilan Rizka A. R, Nyrza Suardi, Sumarlin