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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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Land Acquisition for Jenelata Dam Building in Gowa; A Comparative Study Kadir, Muh. Fiqri; HL, Rahmatiah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19550

Abstract

This article aims to uncover the views of Islamic law as a universal rule does not only discuss the relationship between humans and God but also the relationship between humans and other humans. The order of life in society as part of the interaction between humans creates various problems. Land becomes an object of economic driving for humans and the state whose users cannot be separated from politics and law, as well as having a function to create life together. The research method used is field research and is qualitative and comparative. Sources of data used in this study come from primary and secondary data. The result of this research is that the purpose of this land acquisition is for the public interest. In Islamic law, land acquisition for public purposes is included in one of the objectives of Islamic law (maqashid syariah). Islamic law teaches to help each other in terms of goodness, by having joint ownership of objects that have been held, the soul is calm because the needs have been provided. An object that is used as a public facility is a valuable asset so that the procurement process also uses a well-ordered system.
Fenomena Ikhtilāf di Kalangan Masyarakat Islam Kota Makassar; Studi Perbandingan antara Nahdlatul Ulama dan Wahdah Islamiyah Muhammad Rezky Ranuwijaya Nursain; Achmad Musyahid
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 2 ISSUE 2, DECEMBER 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v2i2.17597

Abstract

This article aims to uncover the phenomenon of ikhtilaf among the Islamic community of Makassar city which is devoted to the study of comparison between Nahdlatul Ulama and Wahdah Islamiyah). This type of field research uses a normative approach. The source of this research data is the primary data source namely the leadership of Nahdlatul Ulama and Wahdah Islamiyah Makassar city and secondary data source namely Qur'an, hadith, fiqh, books, journals, and literature related to the discussion of this article. The results of this study suggest that Nahdlatul Ulama and Wahdah Islamiyah Makassar city in applying the law using the legal resources agreed by jumhur Ulama, namely: Qur'an, As-Sunnah, ijma, and qiyas. Nahdlatul Ulama and Wahdah Islamiyah also use legal sources that are not agreed by jumhur Ulama such as istishan, mashlahah al-mursalah, and others but prefer the source of the law that has been agreed by jumhur Ulama. Nahdlatul Ulama and Wahdah Islamiyah Makassar city differ in terms of commemorating the maulid of the Prophet Muhammad. In this case, Nahdlatul Ulama commemorates the anniversary of maulid while Wahdah Islamiyah does not commemorate it. Nahdlatul Ulama and Wahdah Islamiyah Makassar city considers that the phenomenon of ikhtilaf will not be solved, but what can be solved is our way of addressing the ikhtilaf, and the attitude is mutual tolerance, mutual respect, mutual respect, and mutual support. The implication of this article is expected to be expected to the Islamic community when looking at the phenomenon of ikhtilaf, especially in terms of furu', should not be to concern each other. When the phenomenon of ikhtilaf happens the best thing to do is tolerate each other, respect each other, respect each other, and support each other
Al-Shafi’i Analytical Views on Ritual Pa’batte Tau: Evidence from Jeneponto, South Sulawesi Alim, Nur
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19565

Abstract

The background of the author in adopting this title is to find out how the review of the Syafi'i school of thought in the pa'batte tau ritual in Batujala Village, Bontoramba District, Jeneponto Regency. Then the formulation of the problem in this study are: 1). How was the pa'batte tau ritual procession in Batujala Village, Bontoramba District, Jeneponto Regency ?, 2). How do the people of Batujala Village view the pa'batte tau ritual? 3). How is the review of the Syafi'i mazhab of the pa'batte tau di ritual ?. The type or research method in this thesis is a qualitative research method. Qualitative research has three main keys, namely taking facts based on the understanding of the subject, the results of detailed observations and trying to find new theoretical results that are far from existing theories. Qualitative research or what is known as field research, starts with observation, then conducts interviews with the community to obtain accurate data or information as material for the completion of the thesis. The results of this study indicate that: 1). The people of Batujala Village still maintain the pa'batte tau ritual because they think that the tradition aims to summon rain during the prolonged dry season. 2). There are several factors why the pa'batte tau ritual in Batujala Village, Bontoramba District, Jeneponto Regency is still being maintained, one of which is the economic factor. 3). Based on the review of the Syafi'i mazhab, it has been enacted to pray istisqa if you want to call rain. The implications of the results of this study are: 1). It is necessary to instill religious values and moral values for each community so that they know which actions violate religion and which violate cultural customs. 2). The community should be more careful in deciding everything, especially in the matter of the pa'bate tau tradition so that its implementation can run according to the prevailing religion and customs. 3). This research is expected to be the preservation of the pa'batte tau tradition for the community so that no one deviates and goes outside the boundaries of religious values and even customs
Relasi Gender dalam Pernikahan Keturunan Sayyid di Desa Cikoang Kabupaten Takalar; Studi Kasus Perbandingan Hukum Islam Dan Hukum Adat Adriana Mustafa; Arwini Bahram
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 2 ISSUE 2, DECEMBER 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v2i2.18137

Abstract

Islamic law holds that the concept of kafaah comes from various aspects, namely religion, descent, property, and face. Among these four things, Sharia prioritizes religion as the main yardstick in determining the concept of kaffah. On the other hand, customary law views that the marriage of sayye descendants in a society still maintains their familiarity, system and belief in the descendants of the Prophet Muhammad. rules that have become absolute and nothing can be seen. However, the marriage system becomes a problem because it can exclude women, and their rights as women. The purpose of this study was to examine and trace the ins and outs of the Sayye marriage system so that gender relations were born among the Sayye community. The research method used is field research and is qualitative and comparative. Sources of data used in this study come from primary and secondary data. The result of this research is that the form of Sayyid's marriage gender relation has the right to determine in his life
Variations in Shaf Distance in Prayer; Comparative Study Between the Shafi'i School and the Maliki School Ikbal, Muh
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.20383

Abstract

Prayer is one of the many obligatory matters imposed on Muslims. Therefore, in carrying out prayers, it should be done specifically, such as closing the shaf for the perfection of the prayer. But the problem that then arises is due to the Corona Virus Disease (Covid 19) phenomenon or event. The government's efforts to suppress the spread of Covid 19, one of which is the distance to prayer shafts. Prayers that are spaced apart certainly create new legal problems among Muslims. The purpose of this research is to find out the legal basis for shaf salat, the argumentation of fiqh principles on shaf salat changes and the views of the Syafi'I and Maliki Schools on shaf changes. The research method used is library research which is analytical and comparative in nature. Sources of data used in this study are secondary, primary and tertiary.Keywords: Prayer Shaf; Prayer; Imam of the School
Tradisi Kaboro Coi di Desa Sakuru Monta, Bima; Analisis Hukum Islam Hamzah Hasan
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 2 ISSUE 2, DECEMBER 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v2i2.17973

Abstract

Kaboro Coi practice was originally just a tradition, but the community has considered it an obligation, not carrying out the cooboro coi will get social sanctions from the community, such as being ostracized and the community no longer cares about any event events (hajatan) conducted by families who do not carry out the Kaboro Coi tradition. Seen from the perspective of Islamic law Kaboro coi practice has a substance that shows the value of togetherness, helping each other to help each other, like the concept of "wata ᾶwanu‘ alal birri wa taqwa ". This study, does not want to see the Kaboro Coi tradition as an act that implies rewards and sins when done and not done, but just want to see why this tradition is important to do.The data used as material for analysis are field data obtained through observation, interviews, and literature studies. This paper confirms that the practice of Kaboro Coi, in the terminology of the Sakuru Monta village community, has become a community practice that aims to facilitate the implementation of the celebration, such as sunna ra ndoso labo nika ra neku
Is There Any Rukhṣah in Performing Praying During Covid-19? Maqashid Sharia Analysis Nizam, Syahrul; Asti, Mulham Jaki
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19687

Abstract

The application of rukhṣah in prayer during the Covid-19 pandemic requires a deeper understanding so that the application of rukhṣah is truly implemented in accordance with the corridors that have been determined by Islamic law. Researchers found that the application of rukhṣah in prayer has been carried out in all areas affected by the pandemic even though in some areas they did not take rukhṣah in prayer. However, the mind will be able to think well about the problems of society in accordance with the principles of maqashid sharia, so that it still prioritizes taking rukhṣah  rather than forcing the will. The policy on easing congregational prayers, eliminating Friday prayers and physical distancing for congregational prayers carried out by the government and the MUI is an effort to prevent the spread of COVID-19 which leads to the achievement of maqashid sharia so that it provides benefits even in an emergency. The research method used is library research and is qualitative in nature. Sources of data used in this study sourced from primary and secondary data. The results of this study are that it is the ability to cover the genitals for children as a form of caution to avoid unwanted things. Keywords:Rukhṣah; Prayer; Covid-19; Maqashid Shariah
Konsep Ihtiyāṭ Imam Syafi’i terhadap Anjuran Menutup Aurat bagi Anak-Anak; Analisis Tindakan Preventif Pelecehan Anak Azman Arsyad; Ibtisam Ibtisam; Mulham Jaki Asti
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 2 ISSUE 2, DECEMBER 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v2i2.18193

Abstract

The basic principle in Islamic law is to provide mashlahah to mankind, so that the main objective of a law requirement must be based on the maqashid sharia aspect, namely realizing benefits for humans both in world affairs and in the afterlife. Children as part of the foundation of religion because in the future they will become the successors of the ummah, Islam is here to provide protection for them, both maintaining their survival, proper education. Preventive measures must be taken to avoid bad behavior. The purpose of this study was to explore and refer to the concept of ihtiyat Imam Syafi'i regarding the suggestion of covering one's genitals with children. The research method used is library research and is qualitative in nature. Sources of data used in this study come from primary and secondary data. The result of this research is that the ability to cover the genitals of children is a form of precaution to avoid unwanted things
Comparative Analyses of Maliki and Hanbali Thought on Waqf Istibdāl Lapatantja, Nanda Arisqa; Bakry, Muammar
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.21129

Abstract

This article aims to describe and Analyze dissent from Maliki and Hanbali on the practice of istibdāl endowments and endowment empowerment adopted by Act No. 41 of 2004. Type this research is the library which is based on data management obtained from several kinds of literature. This research approach uses a normative approacpp. This study indicates that there are differences in the views of the Maliki School and the Hambali School related to the practice of istibdal waqf. In this paper, the opinion of the Maliki School distinguishes two categories in the practice of istibdal waqf, namely movable waqf property and immovable waqf property. Movable waqf property is allowed to practice istibdal waqf because the movable waqf property can no longer be used. At the same time, the waqf property that does not move is not allowed to practice istibdal except with emergencies such as the expansion of masjid, cemeteries, and public roads, unlike the case with the Hambali School, which does not distinguish movable waqf property or immovable waqf property. This school prioritizes the benefits of the waqf. If the community can no longer use it, it is permissible to practice istibdal following its terms and conditions. Moreover, the ability to practice istibdal waqf in the Hambali School is quite relevant to conditions in Indonesia, following Law Number 41 of 2004 concerning waqf, which both aim to optimize the benefits of waqf and empowering waqf assets 
Kebebasan Perempuan dalam Memilih Calon Suami; Studi Perbandingan Antara Mazhab Syafi’i Dan Hanafi Nur Ilma Asmawi; Muammar Bakry
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 2 ISSUE 2, DECEMBER 2020
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v2i2.17817

Abstract

The subject of this paper is how the freedom of women in choosing a potential husband. In general, ideas can be put forward in a society where the pattern of relationship is traditional, marriage is perceived as a social necessity which is part of the inherited social tradition. This study aims to find out how the views of the Shafi'i School and the Hanafi School of Women in choosing a husband. Whether choosing a husband candidate is a woman's absolute right or is there interference from parents. Where cases of matchmaking and the practice of forced marriage by parents of girls are still found in Indonesian society. Mazhab Syafi'i and the Hanafi School have different opinions about women's freedom to choose a husband. The Shafi'i school is of the opinion that a girl who is not yet an adult, in this case, according to him, he can marry the girl even without his permission. According to him, for a widow there must be clear consent from the person concerned. Meanwhile, according to the Hanafi School, the consent of a woman, either a widow or a girl, must be in the marriage and vice versa, if they refuse the marriage contract, it cannot be carried out

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