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Abdul Syatar
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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 7 Documents
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Search results for , issue "VOLUME 7 ISSUE 2, DECEMBER 2025" : 7 Documents clear
Integrating Maqāṣid al-Sharī‘ah and Sustainable Development Goals in Strengthening Waqf-Based Healthcare Initiatives in Muslim Communities Kurniawan, Cecep Soleh; bin Mahmud, Hafini; Mohiddin, Hajah Mas Nooraini Binti Haji
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.56433

Abstract

This study aimed to explore the significant role played by Islamic waqf in advancing healthcare services as part of the broader effort to achieve Sustainable Development Goals (SDGs) introduced by the United Nations, particularly SDG 3 on good health and well-being. The purpose of this exploration is simply to analyze how waqf functions as a sustainable financial mechanism in funding hospitals, supporting medical studies, and delivering essential health services to marginalized populations in Muslim communities. Adopting a descriptive-analytical methodology, this study draws on primary and secondary data sources, including waqf management reports, government publications, health policy documents, and peer-reviewed academic literature. Furthermore, case studies from Brunei Darussalam, Indonesia, Malaysia, and Turkey were used to show practical implementations of health-related waqf initiatives. The obtained results showed that waqf significantly contributed to addressing healthcare gaps, reducing inequality, and promoting equitable access to medical services. During the course of the investigation, Waqf institutions were found to embody Islamic principles of stewardship (istikhlāf) and reform (iṣlāḥ), offering a faith-based approach that corresponded with contemporary development frameworks. This study presents an original contribution through its integration of Islamic legal thought and global development paradigms, culminating in a conceptual model for health-waqf correspondence with SDGs targets. The obtained results showed that revitalizing health-focused waqf initiatives can strengthen public health systems in Muslim-majority communities, thereby providing an ethical, culturally resonant, and economically viable path toward sustainable development.
Maqāṣid al-Sharīʿah and the Ethics of Surrogacy: A Critical Appraisal of Lineage and Legal Certainty in Contemporary Islamic Law Hussein, Folorunsho Ahmad; Abolaji, Abdulraheem Taofeeq; Sodiq Gbolahan, Abdulsalam
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.56753

Abstract

The growing application of Assisted Reproductive Technologies (ARTs) in Muslim contexts suggests the need to examine the legal and ethical implications of surrogacy in the framework of Maqāṣid al-Sharīʿah (the objectives of Islamic law). Therefore, this study aims to assess the compatibility of surrogacy, both traditional and gestational forms, with the core objectives of Sharīʿah, particularly the preservation of religion (ḥifẓ al-dīn), life (ḥifẓ an-nafs), lineage (ḥifẓ al-nasl), and wealth (ḥifẓ al-māl). The methodology was based on a comprehensive textual analysis of Islamic legal sources, including the Qur’an, Sunnah, classical juristic writings, contemporary fatwas, and modern bioethical debates. By examining the materials, the analysis explored how surrogacy introduced legal and moral disruptions, particularly concerning lineage (nasab), maternal identity, inheritance, and the sanctity of the marital relationship. The results showed that surrogacy practices contradicted essential objectives of Islamic law by generating uncertainty in family structures, severing the connection between biological and legal motherhood, as well as undermining principles critical to Islamic family jurisprudence. These concerns were affirmed by the near-consensus among major Islamic juristic bodies, which categorized surrogacy as impermissible (ḥarām). The originality of this study is grounded in the systematic application of Maqāṣid al-Sharīʿah to a contemporary bioethical issue, showing the depth and coherence of Islamic legal reasoning in regulating modern reproductive technologies. In conclusion, enacting clear legislative prohibitions is recommended in Muslim-majority countries as well as continuous ijtihād to evaluate future biomedical developments in maqāṣid framework.
Harmonization of Customary Law, Green Constitution and Green Fatwa: Case Forest Burning and Land for Agriculture in Central Kalimantan Muhammad Wahdini; Hasse Jubba; Kamsi; Achmadi; Ardi Akbar Tanjung; Ahamed Sarjoon Razick
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.55190

Abstract

Central Kalimantan is a province that often has large-scale forest and land fires. The problem is then associated with the local wisdom of the Dayak tribe as the indigenous tribe of Central Kalimantan who still carry out the manugal tradition where one of the stages is to burn land before farming. The practice of the manugal tradition includes burning land before farming with the aim of fertilizing the soil. In the realm of positive law, many environmental laws and regulations, which are then called green constitutions, regulate the anticipation of forest and land fires. In addition, Islamic law also talks a lot about the concept of environmental management, in the context of Indonesia, the Muslim community responds to various environmental issues with various responses such as issuing environmental fatwas which are then known as green fatwas. Therefore, the question arises how the green constitution and green fatwa review the manugal custom as a local wisdom or customary law. The frequent contradiction between customary law, Islamic law and positive law encourages the author to conduct research in this perspective. This research method is normative juridical using statutory and conceptual approaches. The results of this study indicate that in the perspective of green constiution from the level of the Constitution to the legislation has accommodated the custom as long as it does not cause widespread forest and land fires. In the green fatwa perspective, only MUI specifically issued a fatwa on forest and land burning through fatwa number 30 of 2016 which legally prohibits, but there are exceptions for controlled forest and land burning and aims for benefits. So that the manugal custom remains in the corridor of harmonization with the green constitution and green fatwa
The Principles of Natural Justice: A Comparative Analysis between Secular and Islamic Law in Administrative Decision-Making Abubakar, Yusuf Sani; Aji, Rajali Haji; Saidi, Mpawenimana Abdallah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.56855

Abstract

This study aims to examine the principles of natural justice as conceptualized and applied in both common law and Islamic legal systems, with particular attention to the right to a fair hearing (audi alteram partem) and the rule against bias (nemo judex in causa sua). The underlying values, interpretive methods, and procedural expressions of these principles were also assessed across distinct legal traditions. The study procedures were carried out using a qualitative comparative legal methodology. Data were obtained from primary sources, judicial precedents, and scholarly interpretations to analyze the doctrinal foundations and practical applications in both systems. The results showed that although Islamic law was based on religious texts and common law on judicial precedents, both systems upheld the core values of justice, fairness, impartiality, and procedural integrity. Islamic law established these principles in the Qur’an, Sunnah (Hadith), and interpretive tools, such as ijtihād, maṣlaḥah, and istiḥsān, while common law emphasized constitutional norms and case law. The originality of this study lies in its integrated approach, which shows both the convergence and divergence of procedural justice across secular and religious frameworks. The results are significant for fostering cross-cultural legal understanding and informing reforms in pluralistic jurisdictions. Although primarily theoretical, this current study provides a foundation for future empirical studies in countries such as Malaysia, Indonesia, and Nigeria, where both systems co-exist. These further studies could enrich discussions on legal pluralism and support the development of more inclusive legal systems.
The Dialectical Interplay of Ikhtilāf al-Ṣaḥābah (Companions’ Disagreements): The Constructive Role of Diversity in Early Islamic Jurisprudence Utami, Sinta Hardiyanti; Heryana, Esya; Fajriyah, Mutiara
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.55188

Abstract

This study examines the factors underlying juridical disagreements among the Prophet’s Companions, aiming to challenge the perception that such differences were inherently divisive and instead highlighting their constructive role in the development of Islamic jurisprudence. Using a qualitative descriptive-analytical approach based on library research, the study analyzes classical and modern sources to identify both internal factors, such as variations in linguistic interpretation, reasoning methods, and levels of knowledge, and external factors, including geographical, social, and political contexts, that shaped the Companions’ interpretations of the Qur’an and Hadith or guided their ijtihad when explicit scriptural evidence was absent. Case studies such as the ruling on triple divorce, the punishment for drinking khamr, and the timing of the ‘Asr prayer at Banu Qurayzah demonstrate the diversity of legal opinions that emerged in early Islam. The originality of this research lies in its emphasis on the dialectical interplay between internal and external dynamics, moving beyond simplistic views of disagreement as conflict. The findings imply that the Companions’ differences should be understood as intellectual diversity and tolerance within the classical fiqh tradition, offering valuable insights for contemporary discussions on Islamic legal thought.
The Epistemological Divergence between the Ḥanafī and Shāfiʿī Madhhabs: The Ḥadīth Evaluation and Legal Reasoning on the Discourse of Gendered Fiqh Wahda, Maziya Rahma; Alfikri, Ahmad Faiz Shobir; Rahmatullah, M. Azam
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.56757

Abstract

Prayer (ṣalāh) is governed by provisions outlined in the Qur’an and directly exemplified by the Prophet Muhammad (peace be upon him), and therefore must be followed by all Muslims, both men and women. However, there are procedural (kaifiyyah) differences between genders in prayer. This study aims to examine several kaifiyyah differences in prayer between men and women based on the perspectives of the Ḥanafī and Shāfiʿī madhhabs of thought. Utilizing normative or library research through a comparative approach, the analysis focuses on the arguments and methods of legal derivation (istinbāṭ) employed by both madhhabs. The findings indicate that the gender-based differences identified include the positioning of the hands during takbīrat al-iḥrām, the placement of the hands while standing, the posture in rukūʿ (bowing) and sujūd (prostration), the rules governing vocal recitation, and the manner of alerting the imām when an error occurs. Regarding the positioning of the hands during takbīrat al-iḥrām, while standing, and in vocal recitation, the Ḥanafī and Shāfiʿī madhhabs offer differing views. However, they concur on the procedures of rukūʿ, sujūd, and the method of notifying the imām for both men and women. Both madhhabs base the procedural distinctions on preserving a woman’s ʿawrah (parts of the body that must be covered).  The epistemological divergence between the Ḥanafī and Shāfiʿī madhhabs is deeply rooted in their respective methodologies of ḥadīth evaluation and legal reasoning. Academically, this study contributes to the discourse of gendered fiqh by demonstrating how jurisprudential reasoning addresses ritual distinctions between men and women and highlighting the interpretive dynamism within Islamic law.
Dilemmas of Fatwas Freedom in Morocco: Between Diversity of Religious Perspectives or National Stability Ashufah, Abdul Hayyaqdhan; Abderrahmane, Kchich; Hamzah, Alya Aulia Rachman; Aatifi, Omayma; Azamy, Muhammad Mumtaz
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.58090

Abstract

In Morocco, fatwa authority has been strictly centralized through the Al-Majlis al-‘Ilmi al-A‘la under the King’s religious leadership as Amir al-Mu’minin. This system seeks to preserve the unity of the Maliki school and maintain national stability, yet it simultaneously raises dilemmas concerning the freedom of fatwas and the diversity of religious perspectives. This study analyzes the construction of Morocco’s fatwa authority and examines society’s responses to this centralized framework. Employing a descriptive-qualitative method with a socio-legal Islamic approach, the research draws on literature review and document analysis, utilizing primary sources such as official fatwas issued by Moroccan religious institutions and secondary sources including academic articles and digital media. The findings show that fatwas in Morocco serve not only as religious guidance but also as instruments of state legitimacy in shaping and regulating public religious discourse. At the same time, certain segments of society express resistance by turning to independent scholars and digital platforms, thereby challenging the state’s monopoly over religious interpretation. The article contributes to academic discourse by mapping the dynamics between state and religious authority in the Moroccan context and highlighting the epistemological challenges posed by digitalization and social transformation. Ultimately, this study underscores the tension between institutional stability and societal pluralism, offering insights into how fatwas function as both theological and political tools in contemporary Islamic law.

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