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Abdul Syatar
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INDONESIA
Mazahibuna: Jurnal Perbandingan Mazhab
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 26856905     EISSN : 26857812     DOI : -
Core Subject : Religion,
Religion
Mazahibuna: Jurnal Perbandingan Mazhab merupakan jurnal ilmiah yang mempublikasikan karya-karya tulis terkait dengan kajian perbandingan hukum, baik itu antara hukum Islam dan hukum positif, ketokohan mazhab, maupun pemikiran hukum Islam kekinian.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "VOLUME 4 ISSUE 1, JUNE 2022" : 5 Documents clear
Imam Al-Shafi'i's Thought About Human Obligations and Rights in Islamic Law Muhammad Rizal; Abdul Halem Bahri
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 1, JUNE 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.25461

Abstract

Human rights are topics that are constantly debated without a unified definition. Therefore, this study aimed to analyze human rights from the perspective of the Imam school of thought by using the analysis of Imam Al-Shafi’i. It adopted a qualitative approach using the library research method based on data management obtained from several pieces of literature. Furthermore, this study used a normative approach by adapting several books by Imam Al-Shafi’i. According to Imam Al-Shafi’I, human obligations and rights in Islamic law are inseparable, and Muslims should examine the past to comprehend the origins and evolution of these concepts. In addition, human rights are a basic concept, as seen in Al-Umm and Al-Risālah. These texts are quite unconventional for people to study human rights. The work and application imposed by Imam Al-Shafi’i are not different from what is explained by several figures of thinkers from the West. The application found a match after seeing several figures’ development of human rights thought. Therefore, contemporary Muslim scholars should prioritize the issue of human obligations and rights in providing legal solutions.
Prophet Muhammad's Legal Politics: A Review of Islamic Legal on the Leadership of the Prophet Umar Bensheikh; Feri Eko Wahyudi; Muh Yunus
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 1, JUNE 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.26243

Abstract

In the review of Islamic legal, Prophet Muhammad’s politics is an exciting theme to be studied more deeply. The Prophet Muhammad SAW was referred to as Ummī (illiterate), reinforcing the notion that the Prophet was not intelligent and capable. A qualitative method was conducted to prove how the Ummī Prophet was smart, trustworthy, full of wisdom, respected, and legally competent. In some of the legal provisions, Prophet PBUH presented a solution to the ilā ākhīr al-zamān, where the concept of social justice in upholding human rights was aggressively debated. Several requirements of the Prophet Muhammad’s sunnah, which obliged males to defend women and their rights, was established fourteen centuries ago. Likewise, the concept of tolerance and interfaith relations have been initiated. In addition to being a historical leader, the Prophet was once a judge in an infidel dispute and was regarded as a knowledgeable communal figure. Prophet SAW was given the authority to establish new laws for specific issues through sunnah on matters not determined by their legal provisions in the Qur’an.
The Paradigm of Islamic Legal Products in Indonesia: A Critical Review of the Polarization of the Characteristics and Authority of the Madhhab of Thought Products Nur Khaera; Abdul Rahman; Kurniati
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 1, JUNE 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.26364

Abstract

Islamic law grows in Indonesia and is formulated in four legal thought products, namely fiqh, jurisprudence, law, and fatwa. The problematic Application of Legal Products is more related to the internal aspects of Muslims, who are less dynamic and pay less attention to the developing problem. Therefore, a huge difference occurs between static Islamic and dynamic western legal products using a normative approach. The results showed that Islamic legal products resulted from the work of ijtihad, fiqh, and Islamic law experts. Each Islamic legal product has characteristics and particularities, and the application implicitly raises problems. However, Islamic legal products have been applied explicitly as the law regulates. The products have reliable binding power through a fatwa, judges’ decisions, and critical reviews have increased diversity awareness. The results of the fatwa provided many legal answers to the problems, and the establishment of Religious Courts facilitates justice seekers in solving legal issues. The position of legalized Islamic law is strengthened, and a more profound elaboration is needed to analyze the polarization of product authority.
Salary Distribution of Civil Servants After Divorce: Comparative Study of Islamic Law and National Law Ratu Khomala; Muh. Rasywan Syarif
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 1, JUNE 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.27109

Abstract

This article reviews Islamic and National Laws on the distribution of salaries of Civil Servants after divorce. Field research was conducted using a sociological approach at the Belopa Religious Court, South Sulawesi. The results found that judges at the Belopa Religious Court, deciding divorce cases for civil servants in terms of salary distribution, did not apply Government Regulation Number 10 of 1983 to Number 45 of 1990 as a rule. Under the Compilation of Islamic Law, the judge only decides where the defendant is charged with iddah, mut’ah, house, and hadhanah. Meanwhile, law enforcement and justice should socialize related to legal problems where ordinary people can understand the legal consequences in society. The public should be able to understand the legal consequences of their divorce, especially civil servants.
The Existence of The Fiqh Madhhab of Thought in Islamic Boarding Schools: A Case Study at Darussalam Islamic Boarding School Gontor 11 Poso, Central Sulawesi Irsyad Abd. Raziq; Syahrul Ramadhan; Putri Marissa
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 1, JUNE 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.27888

Abstract

The Fiqh School of Thought is one alternative to exercising the Shari’a in Pondok Modern Gontor, and students are not required to adhere to a particular ideology. It was asserted that an Islamic boarding school could not be gray but should be oriented to one school of thought. Therefore, this study aimed to determine the roles and existence of a school of thought in addressing diversity with a sociological approach in Modern Islamic Boarding School Gontor 11 Poso Central Sulawesi. Based on the results, no particular school of thought became a reference and allowed student adherence to one of the qualified schools, according to Ahlu Sunnah. In the transformation of the role, the scholars (ulama) were used as the leading figure with an adopted school of thought. However, they did not force the will on their students to follow the adopted school of thought. Kyai (Islamic instructor) is also necessary to explain that most al-Shafi’i names are found in Indonesia, which urges students to study and appreciate the Al-Sya’ir school of thought. Therefore, it may be warmly appreciated and not conflict with the community.

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