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Human Remains Disposal and Ritual Killings in Nigeria: A Comparative Analysis of Nigerian Criminal Law and Islamic Legal Principles Yusuph, Ismael Funsho; O. Afolabi, Solomon; Taofeeq Abolaji, Abdulraheem
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.60951

The right to life and the dignity of the human person are protected under Nigerian law and Islamic jurisprudence. Nonetheless, Nigeria continues to witness a disturbing rise in ritual killings, often accompanied by mutilation and the degrading disposal of corpses in bushes, rivers, shallow graves, and refuse sites. While homicide is clearly criminalised, Nigerian criminal law, particularly under the Penal Code, contains weak, fragmented, or absent provisions regulating the disposal of human remains, thereby creating enforcement gaps that impede effective investigation and prosecution. This study adopts a doctrinal and comparative legal methodology by analysing relevant provisions of Nigerian criminal law, including the Criminal Code, the Penal Code, and selected state legislation, alongside classical and contemporary Islamic legal principles governing the treatment and burial of the dead. Judicial decisions, statutory texts, and secondary literature are examined to assess normative standards and enforcement implications. The study finds that Nigerian law inadequately addresses the offence of improper disposal of corpses, treating it, at best, as peripheral misconduct rather than as a distinct and serious crime. In contrast, Islamic law imposes strict obligations of prompt and respectful burial and prescribes discretionary or aggravated sanctions where post-mortem dignity is violated. This article contributes to existing scholarship by systematically identifying legal gaps in Nigeria’s corpse disposal regime and demonstrating, through comparative analysis, how Islamic legal principles offer a coherent normative framework for protecting post-mortem dignity, thereby providing a principled basis for reform discussions within Nigeria’s plural legal system, particularly in addressing ritual killings and related investigative challenges.

Family Law, Maqāṣid al-Sharīʿah, and State Resilience: A Comparative Study of Legislative Reform in Muslim Jurisdictions Aghbalou, Omar
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.64188

The instability of family institutions in contemporary Muslim societies is often reductively framed as a matter of individual morality. However, domestic stability constitutes a fundamental juridical determinant for the realization of the comprehensive concept of security (al-amn) and macro-level state resilience. Despite this, much of the existing academic literature remains predominantly focused on philosophical and normative approaches to the protection of the five essential necessities (al-darūriyyāt al-khams), without sufficiently explaining how these principles are operationalized within concrete family law frameworks and legislative policies across diverse Muslim jurisdictions. This study addresses this gap by adopting a juridic-comparative approach, analyzing the paradigmatic shift from classical jurisprudence to modern legal codification in Morocco and other Muslim countries, particularly in relation to the protection of life (nafs) and progeny (nasl) within the domestic sphere. The findings demonstrate that family security is not merely a moral construct but a legal-institutional one that requires strengthened statutory protections, enhanced accountability mechanisms for legal guardianship, and the transformation of the ethical value of trust (amānah) into binding legal obligations to effectively safeguard marital rights and ensure child protection. By incorporating this comparative dimension, the study proposes an original theoretical framework for the renewal of Islamic legislation at the global level, integrating the protection of domestic rights with broader agendas of social reform and state resilience in the context of globalization.

Dialectics of Fiqh al-Ikhtilāf: A Comparative Madhhab Analysis of Legal Pluralism in Contemporary Muslim Societies Abu Baedah, Said Syarifuddin; Musolin, Mukhamad Hadi; Nurlaelah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.64995

Although the Islamic legal tradition recognizes diversity of opinion (ikhtilāf) as an integral, legitimate aspect of juristic reasoning, contemporary Muslim societies often face tensions when interpretive differences intersect with competing religious and sociopolitical authorities. Existing studies on fiqh al-ikhtilāf have largely remained within normative and descriptive discussions of classical legal theory and rarely examine how juristic diversity operates in contemporary social contexts. This article addresses this gap by examining ikhtilāf through a socio-legal and comparative madhhab perspective. The study employs qualitative, library-based research, combining textual analysis of classical jurisprudential sources from major Sunni madhhabs with socio-legal interpretation to explore how differences in legal reasoning are constructed, negotiated, and applied in contemporary Muslim discourse. The findings indicate that juristic disagreement arises not only from technical differences in linguistic interpretation or methods of istinbāṭ (legal derivation) but also from varying epistemological frameworks among madhhabs and their interaction with evolving social contexts and authority structures. Comparative analysis shows that classical madhhab traditions historically accommodated legal pluralism within a structured jurisprudential framework. In contrast, contemporary contestations often emerge when interpretive authority becomes fragmented. This article contributes to the sociology of Islamic law by proposing an ethical-jurisprudential framework grounded in fiqh al-ikhtilāf. The framework integrates madhhab diversity, legal pluralism, and ethical principles (akhlāq al-karīmah) as mechanisms for managing disagreement constructively. By reframing juristic diversity as an institutionalized form of legal pluralism rather than a source of division, the study highlights its potential role in strengthening social cohesion within contemporary Muslim societies.

Between Ḥifẓ al-ʿIrḍ (the Protection of Dignity) and Algorithmic Visibility: A Maqāṣid al-Sharīʿah Approach to Digital Modesty in the Age of Self-Commodification M. Ilham; Muh. Darwis; Munir, Abdulloh; Sudirman; Muhammad Irfan Hasanuddin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.64536

This article investigates the ethical challenges posed by algorithmic visibility in contemporary digital platforms through the lens of maqāṣid al-sharīʿah, with particular emphasis on the reconceptualization of ḥifẓ al-ʿirḍ (the protection of dignity). While existing studies on digital ethics predominantly rely on secular frameworks, limited attention has been given to how Islamic legal-ethical principles respond to the commodification of the self in platform-mediated environments. This study aims to address this gap by examining how Qur’anic values of modesty (ḥayāʾ) and concealment (sitr) can be reformulated within algorithmic systems that incentivize exposure and self-disclosure. Employing qualitative library research, this study integrates Qur’anic exegesis, contextualist hermeneutics, and a maqāṣid al-sharīʿah approach to develop a normative framework for digital conduct. The findings demonstrate that ḥifẓ al-ʿirḍ must be expanded beyond its classical focus on physical morality to include the governance of digital visibility and self-representation, while also revealing a structural tension between the ethical imperative of dignity preservation and the economic logic of digital platforms that commodify personal identity. This article proposes the concept of digital modesty as an ethical framework rooted in maqāṣid al-sharīʿah, positioning it as a form of ethical resistance against self-commodification, while reaffirming the continued relevance of Islamic legal principles and offering a contextualized normative guide for navigating privacy, intimacy, and visibility in algorithm-driven environments.

Divergent Jurisprudential Paradigms of Productive Zakat: A Madhhab-Based Comparative Study of Legal Reasoning in LAZISNU and LAZISMU Solehudin, Ending; Fautanu, Idzam; Ahyani, Hisam; Masuwd, Mowafg
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.64628

This study examines productive zakat not merely as a managerial instrument for economic empowerment, but as a manifestation of contemporary Islamic legal ijtihād (independent legal reasoning) shaped by divergent jurisprudential paradigms. Situated within the framework of comparative madhhab studies, this research analyzes how differences in legal reasoning between LAZISNU—rooted in the Shāfiʿī legal tradition—and LAZISMU—characterized by a reformist approach grounded in tajdīd (renewal) and tarjīḥ (legal preference)—influence the formulation and implementation of productive zakat practices in Indonesia. Employing a qualitative juridical-empirical method, the study draws on in-depth interviews with zakat administrators and institutional documents from LAZISNU and LAZISMU operating in Java and Bali. The findings reveal that the transformation of zakat from consumptive distribution to productive utilization is legitimized through distinct modes of istidlāl (legal reasoning or inferential deduction), wherein LAZISNU emphasizes adherence to authoritative Shāfiʿī doctrines, particularly concerning the principle of tamlīk (transfer of ownership to beneficiaries), while LAZISMU adopts a more flexible form of ijtihād that prioritizes maqāṣid al-sharīʿah (the higher objectives of Islamic law) and socio-economic outcomes. This divergence reflects an ongoing dialectic within contemporary Islamic legal thought regarding the boundaries of zakat utilization. By integrating empirical practices with cross-madhhab legal analysis, this study contributes to the development of comparative fiqh al-zakāt (Islamic jurisprudence of zakat) and demonstrates how modern philanthropic institutions negotiate classical legal doctrines within heterogeneous socio-legal contexts such as Java and Bali.

Blue Economy Legal Codification of Malaysian Social Finance: Harmonizing Law and Fiqh in Maritime Harahap, Tuan Afero; Hamid, M. Arfin; Librayanto, Romi; Saputra, Muhammad Nurul Dzaki; Mursyid, Besse Tenriabeng
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.64545

The persistent disparity between Indonesia’s abundant maritime resources and the economic precarity of coastal communities reveals a structural gap within the existing legal framework. This article examines the Blue Economy framework through the lens of Maqāṣid al-Sharīʿah, aiming to shift the discourse from general development ethics toward more precise Islamic legal reasoning (istinbāṭ). Employing normative legal research with statutory and comparative approaches, particularly through an examination of the legal codification of Islamic social finance in Malaysia, this study analyzes the harmonization between positive maritime law and fiqh principles. The research demonstrates a legal novelty by revealing that current regulatory models have failed to fulfill the imperative of ḥifẓ al-māl (the preservation of wealth) for small-scale fishers. It proposes a juridical reconstruction in which equity-based contracts (muḍārabah and mushārakah) and ZISWAF instruments are integrated not merely as voluntary alternatives but as binding statutory obligations. The findings indicate that the institutionalization of these fiqh-based mechanisms establishes a robust legal safety net capable of effectively addressing structural poverty. Accordingly, this study contributes to the development of fiqh siyāsah (Islamic political jurisprudence) and Islamic economic law by formulating a justiciable governance model. It concludes that the synthesis of Maqāṣid methodology and positive law provides a definitive legal pathway toward sustainable coastal welfare while aligning economic development with the principles of Sharīʿah.

Local Wisdom, Islamic Law, and Criminal Law in Higher Education: A Preventive Framework against Bullying through Pangadereng Culture and a Compassion-Based Curriculum Nawawi, Jumriani; Lisma; Aris, Ismail; Hamzah; Nursyam, Andi Resky; Baharuddin, A. Zamakhsyari
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.65077

In the study of fiqh jināyah, bullying is classified as a jarīmah (criminal act) that threatens the preservation of life (ḥifẓ al-nafs) and protection of dignity (ḥifẓ al-‘irḍ), ultimately leading to the deterioration of human relationships. This study analyzes the implementation of a compassion-based curriculum grounded in Pangadereng values within higher education institutions as a preventive framework (sadd al-żarī‘ah) against bullying. The research employs a qualitative method with phenomenological and fiqh approaches. Primary data were collected through in-depth interviews and observations conducted in four regencies in South Sulawesi, namely Bone, Soppeng, Wajo, and Sinjai. The findings indicate that the harmonization of Pangadereng values within the compassion-based curriculum conceptually occupies the position of ‘urf ṣaḥīḥ, serving as a behavioral guideline for the Bugis community. Empirically, the curriculum has proven effective in preventing bullying by shaping students’ perspectives to promote mutual respect and empathy. The transformation of local wisdom functions as a mechanism to block pathways to criminal behavior in accordance with the concept of sadd al-żarī‘ah and aligns with the objectives of Islamic law within the framework of maqāṣid al-sharī‘ah. This study concludes that integrating local wisdom into character education can serve as a form of Islamic public policy (siyāsah shar‘iyyah) aimed at fostering a more humanistic educational environment. Furthermore, this study enriches the discourse of contemporary fiqh al-jināyah by positioning living societal values as a strategic framework for mitigating violence in academic settings.

Islamic Legal Pluralism and Localized Ijtihad in Rural Indonesia: Negotiating Madhhab, Custom, and Multicultural Muslim Life Aziz, M Abd; Ghony, Muhammad Djunaidi; Suprayogo, Imam; Amin, Mukhlisah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.65263

This ethnographic study examines how Islamic law is contextually reinterpreted within multicultural rural Muslim communities in Indonesia through negotiations between dominant Shāfiʿī doctrines, local customs, and plural legal reasoning. Focusing on Nganget Hamlet, East Java, the study addresses a gap in contemporary madhhab studies by exploring how everyday Muslim communities selectively appropriate cross-madhhab principles beyond formal juristic institutions. Using participant observation, in-depth interviews, and document analysis, the findings reveal three interrelated dynamics. First, inheritance disputes are commonly resolved through musyawarah-mufakat (deliberative consensus), reflecting a shift from rigid farāʾiḍ (Islamic inheritance rules) formulations toward maṣlaḥah (public benefit)-oriented reasoning that draws upon juristic flexibility recognized across Sunni madhhab traditions. Second, local rituals such as sedekah bumi (earth thanksgiving ritual) and ruwatan desa (village purification ritual) are legitimized as ʿurf ṣaḥīḥ (valid customary practice) through maqāṣid al-sharīʿa (objectives of Islamic law) considerations, demonstrating how customary practices are accommodated within Islamic legal interpretation. Third, informal Islamic education functions as a space for transmitting pluralistic legal understandings in which multiple madhhab perspectives are pragmatically negotiated in everyday life. The study argues that Islamic law in rural multicultural contexts operates as a dynamic form of localized ijtihad (independent legal reasoning) that continuously negotiates between normative Shāfiʿī authority and socio-cultural realities. This research contributes to debates on legal pluralism and comparative madhhab studies by positioning Fiqh Nusantara as an applied model of cross-madhhab adaptability grounded in maqāṣid (higher objectives of Islamic law), ʿurf (customary practice), and lived Islamic legal practice in Southeast Asia.

Wasathiyah (Islamic Moderation) and Islamophobia Mitigation: A Comparative Study in Contemporary Islamic Legal Thought in Indonesia Thohir, Ajid; Ridwan, Ahmad Hasan; Fatahillah, Ikhwan Aulia; Ezzerouali, Souad; Safrudin, Irfan
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.66087

The contemporary escalation of global Islamophobia poses significant challenges not only to social cohesion but also to the legitimacy of Islamic law within modern constitutional frameworks, where it is often perceived as incompatible with universal human rights norms. Despite the expanding discourse on religious moderation, limited attention has been given to evaluating the effectiveness of Indonesia’s Islam Wasathiyah legal framework from a comparative Islamic legal perspective. This study aims to examine the institutionalization of wasathiyah principles within Indonesian Islamic governance and to assess their potential in addressing Islamophobic narratives. Employing a normative juridical approach with a comparative legal framework, this research draws on primary sources including fatwas, state regulations, and policy documents, supported by relevant scholarly literature, and analyzes them through a maqāṣid al-sharī‘ah-based approach combined with doctrinal legal analysis. The findings indicate that the institutionalization of Islam Wasathiyah—through authoritative fatwa mechanisms and state-supported policies—has contributed to the development of a relatively adaptive and inclusive juridical-sociological framework; compared to more rigid approaches in several Muslim jurisdictions, the Indonesian model demonstrates a greater capacity to accommodate pluralism and respond to contemporary socio-legal challenges, including Islamophobic discourse. This study contributes to contemporary Islamic legal scholarship by offering a contextualized model of religious governance grounded in maqāṣid al-sharī‘ah, which has the potential to strengthen the position of Islamic law within pluralistic societies while providing a constructive framework for mitigating Islamophobia.

From Formal Rights to Substantive Justice: Rethinking Legal Protection for Divorced Women in Indonesia Patawari, A. Muh Yusri; Jafar, Usman; Supardin; Asni; Andi Kitta, Andi Abdul Kadir
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, APRIL 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.66393

This study examines the effectiveness of legal protection for women victims of domestic violence after divorce and formulates strategies to strengthen substantive justice. Using an empirical juridical approach, the research employed statutory, case, and conceptual analyses. Primary data were collected through interviews with religious court judges, court clerks, advocates, and victims of domestic violence, supported by courtroom observations, while secondary data were derived from legislation, court decisions, Badilag documents, and relevant literature. The findings reveal that legal protection remains ineffective due to weak implementation structures, limited victim-centered perspectives among legal officials, and persistent legal cultures that treat domestic violence as a private matter. The study further finds that religious courts have not fully integrated gender-sensitive and recovery-oriented approaches into post-divorce dispute resolution. To address these challenges, the research proposes strengthening victim-oriented regulations, improving judicial capacity through gender justice training, expanding access to legal aid services, and promoting women’s socio-economic empowerment after divorce. The study concludes that substantive justice for women victims of domestic violence requires an integrative legal framework that combines responsive legal norms, effective judicial practices, and broader social transformation to ensure comprehensive protection, recovery, and access to justice.

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Abdul Syatar

Contact Email
mazahibunapmh@gmail.com

Phone
+6285340255385

Journal Mail Official
mazahibunapmh@gmail.com

Editorial Address
l. Sultan Alauddin No.63, Romangpolong, Kec. Somba Opu, Kabupaten Gowa

Location
Kab. gowa,

Sulawesi selatan

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Abdul Syatar

Contact Email mazahibunapmh@gmail.com

Phone +6285340255385

Journal Mail Official mazahibunapmh@gmail.com

Editorial Address l. Sultan Alauddin No.63, Romangpolong, Kec. Somba Opu, Kabupaten Gowa

Location Kab. gowa, Sulawesi selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Abdul Syatar

Contact Email
mazahibunapmh@gmail.com

Phone
+6285340255385

Journal Mail Official
mazahibunapmh@gmail.com

Editorial Address
l. Sultan Alauddin No.63, Romangpolong, Kec. Somba Opu, Kabupaten Gowa

Location
Kab. gowa,

Sulawesi selatan

INDONESIA