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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 101 Documents
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Religious Controversy in the Tiban Tradition: Perspectives of Islamic Scholars and Indigenous Leaders in Jajar Village, Trenggalek Sekarwati, Henny
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 1, JUNE 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.51726

Abstract

Tradisi tiban adalah sebuah adat atau kebudayaan yang dilakukan oleh masyarakat Desa Jajar Kecamatan Gandusari Kabupaten Trenggalek setiap tahun terutama pada musim kemarau untuk meminta diturunkannya hujan. Seiring berkembangnya zaman, tiban mengalami pergeseran makna yang semula bertujuan untuk mendatangkan hujan, kini menjadi sebuah kebudayaan yang biasanya dilakukan ketika ada hari jadi Desa Jajar dan hajatan. Penelitian ini bertujuan untuk mengkaji bagaimana pandangan Tokoh agama Islam dan Tokoh Adat di Desa Jajar mengenai tradisi tiban. Penelitian ini merupakan penelitian lapangan (field research) yang bersifat deskriptif analisis komporatif. Hasil dari penelitian ini tokoh agama Islam di Desa Jajar memiliki dua pendapat yang berbeda tentang tradisi tiban. Pendapat pertama melarang dilakukan tradisi tiban dengan alasan tiban terdapat tindakan-tindakan bernuansa mendolimi diri sendiri dan juga orang lain yang mana itu bertentangan dengan ajaran islam. Pendapat kedua berpendpat bahwa tradisi tiban sesuatu yang dibolehkan. Alasannya, karena tiban hanyalah menjadi salah satu cara yang ditempuh masyarakat jajar untuk mendatangkan hujan dan itu hanya wasilah dengan tidak mengindahkan permohonannya kepada Allah. Sedangkan, menurut tokoh adat tiban boleh dilakukan sebagai bentuk kesenian kuno. Kata kunci : Tradisi Tiban, Tokoh Adat, Tokoh Islam.
Ijtihād Maqāṣidī and Legal Adaptation: A Comparative Analysis of Contemporary Islamic Jurisprudence in Responding to Emerging Issues Athambawa, Mahroof
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 1, JUNE 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.54378

Abstract

This study aimed to examine the significance of ijtihād Maqāṣidī in contemporary Islamic jurisprudence, focusing on its role in addressing legal and ethical dilemmas. The study explored how Islamic law remains adaptive and relevant in modern contexts by analyzing different scholarly perspectives on Maqāṣid al-Sharīʿah. A qualitative method was adopted, utilizing doctrinal analysis and comparative methodology. Primary and secondary Islamic legal sources, including classical and contemporary juristic opinions, were analyzed to evaluate different schools of thought regarding ijtihād Maqāṣid. Additionally, case studies such as the COVID-19 pandemic and the moon sighting debate were examined to show practical applications of Maqāṣid in Islamic legal reasoning. The result showed three primary methods among contemporary scholars, namely (1) scholars who consider Maqāṣid as an independent legal proof, (2) those who limit Maqāṣid only to explicitly supported textual evidence, and (3) the moderate scholars who integrate textual sources with Maqāṣid to develop balanced legal rulings. The result reflected the strengths and weaknesses of each method, showing how Maqāṣid-based reasoning improves the adaptability of Islamic jurisprudence. This study provided a comprehensive examination of Maqāṣid’s role in contemporary Islamic legal thought, offering a distinct understanding of ijtihād Maqāṣidī beyond traditional jurisprudential analyses. By integrating historical and modern perspectives, the results contributed to ongoing debates on the evolution of Islamic legal methodologies. Furthermore, there was a need for incorporating ijtihād Maqāṣid in modern legal discourse to ensure that Islamic law remained relevant and effective in addressing new societal challenges. This study also advocated for a structured application of Maqāṣid in judicial and legislative frameworks, promoting further investigation into its potential in legal reform and policy-making in Islamic jurisdictions.
METODOLOGI PERBANDINGAN MADZHAB DALAM AL-MUGHNI KARYA IBNU QUDAMAH: PENDEKATAN DAN IMPLIKASINYA DALAM STUDI HUKUM ISLAM Khairatun Hisan; Dzulkifli Hadi Imawan; Haqqiya, Hannafa
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 1, JUNE 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.54759

Abstract

This study investigates the methodology of muqāranah al-mażāhib (comparative of madhhabs) as applied by Ibn Qudāmah in his seminal work, Kitāb al-Mugnī, a key reference in the landscape of Islamic jurisprudence in Indonesia. The primary purpose is to critically analyze Ibn Qudāmah’s comparative legal approach and assess its relevance for contemporary ijtihad. Employing a qualitative method, the research utilizes content analysis and textual hermeneutics to examine selected chapters of al-Mugnī—specifically those related to acts of worship and mu‘āmalah (social transactions). The findings reveal that Ibn Qudāmah's method systematically compares the legal views of the four major Sunni madhhabs and includes perspectives from other jurists, presenting them with detailed argumentation and rational justification. His use of tarjīḥ (preference) reflects a critical evaluative process that selects the most compelling legal opinion based on textual evidence and reasoning. The originality of this study lies in its focused analysis of Ibn Qudāmah's structured comparative technique, which balances scholarly objectivity with methodological rigor. The implications of this research are significant for contemporary Islamic legal scholarship, particularly in advancing the practice of collective ijtihad, refining fatwa formulation processes, and fostering a tolerant yet disciplined engagement with legal diversity. Furthermore, the integration of maqāṣid al-sharī‘ah into this comparative framework enriches its applicability in addressing modern socio-legal issues.
Achieving Maqāṣid al-Sharīʿah through Artificial Intelligence: Mechanisms of Facilitation, Control, and Quality Assurance Maiga, Mohamed Hamadikinane
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 1, JUNE 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.55038

Abstract

This study examines how artificial intelligence (AI) can be applied to fulfill the objectives of Sharia (maqāṣid al-sharīʿah), especially in terms of facilitation, supervision, and quality assurance in addressing modern societal issues. Using a descriptive-analytical approach, the research focuses on defining AI and its significance, analyzing its characteristics in relation to Sharia goals, and evaluating the impact of its appropriate use. The study draws on a range of scholarly and scientific sources to assess how AI aligns with Islamic legal principles. The results indicate that AI possesses key strengths—such as speed, accuracy, and efficiency—that support the Sharia principle of taysīr (ease and facilitation). When used correctly, AI enhances societal well-being by improving control systems, increasing productivity in fields like agriculture and industry, and helping to reduce insecurity and scarcity. These benefits show that AI can be a powerful tool in achieving public interest and preventing harm, aligning with the ethical aims of Islamic law. This research stands out by directly linking the practical applications of AI to the values embedded in maqāṣid al-sharīʿah, offering an innovative perspective that bridges Islamic jurisprudence with emerging technologies. It also provides useful insights for policymakers, academics, and practitioners, suggesting that AI can be harnessed as an effective strategy for promoting ethical development in social, economic, political, and cultural spheres. The study encourages further exploration into models of ethical governance rooted in Islamic principles in the digital age.
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.

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