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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 5 Documents
 1 
Search results for , issue "VOLUME 8 ISSUE 1, JUNI 2026" : 5 Documents clear
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, JUNI 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

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

Abstract

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 Omar Aghbalou
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, JUNI 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

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

Abstract

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, JUNI 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

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

Abstract

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; Abdulloh Munir; Sudirman; Muhammad Irfan Hasanuddin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, JUNI 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

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

Abstract

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 Ending Solehudin; Idzam Fautanu; Hisam Ahyani; Mowafg Masuwd
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 8 ISSUE 1, JUNI 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

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

Abstract

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.

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