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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 101 Documents
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The Fiqh Scholars Disclosure on Crewman Boat Friday Prayers Yaqub, Andi; Jamaluddin, Mohd Hafiz; Aulia, Andi Fahrunnisa
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.32995

Abstract

This research aims to investigate the responsibility of serving as a resource for crew members on the boat of a captain, with reference to the traditional school of law in Islamic jurisprudence known as fiqh. Specifically, the focus is on the obligation of Friday prayers for the crew and the different opinions on this matter based on the fiqh madhhab. This research is conducted through a comprehensive review of relevant literature. Primary and secondary data were collected using a descriptive qualitative research method, with the Qur'an and Hadith serving as the primary sources of information. The results showed that Friday prayers are mandatory for Muslim men who meet the requirements and have no old syar'ī. However, there are varying opinions among Muslim Imams regarding the performance of Friday prayers for crew members on board. The Maliki and al-Shafi'i madhhabs of thought believe that Friday prayers are invalid when they are not conducted in a mosque, while the Hanafi and Hambali madhhabs permit Friday prayers to be performed anywhere. Regarding the permissibility of praying on a ship, Imam Abu Hanifah believes it is acceptable to pray on a boat or ship when it is on land. When the ship is not in a confined state on the ground at the port and it is possible to leave the ship, it is forbidden to pray on it. Meanwhile, Imam Malik and Imam al-Shafi'i hold that it is permissible to pray on a ship, even when it is conceivable to leave the ship, as long as the prayer is performed facing the Qibla and its pillars are perfect. Imam Ahmad bin Hambal is of the opinion that it is not permissible to conduct the fardu prayer on a ship if the individual is able to perform the prayer outside the ship.
A Comparative Analysis of Trademark Rights Protection: Perspectives from Islamic Law and Positive Law in Indonesia Shuhufi, Muhammad; Firdayanti
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.33009

Abstract

This study aims to identify the premise and types of legal protection for trademark rights, comparing Islamic and positive law to explore their roles in safeguarding these rights. Information technology, while aligned with business advancements, can create loopholes for mark violations Irresponsible acts such as brand piracy pose a significant threat to brand proprietors, making trademark rights a major source of civil disputes and illegal acts. This study conducts a comparative analysis of legal literature, focusing on books about Trademark Rights as the primary data source. Data were collected, analyzed, categorized, and conclusions are drawn. The findings showed two forms of legal protection for trademark, which included preventive and coercive. Preventive measures involve government or institutional warnings and restrictions on obligations, while coercive aspects impose penalties on counterfeiters. In Islamic law, forgery is considered the prohibited action of tazyīf, resulting in the infringement of rights of others.
Reorienting Cash Waqf for Economic Development: A Maqāşid Sharia Perspective Study on the Indonesian Waqf Board (BWI) Case in Parepare Faiz, Abd. Karim; Arwin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.33618

Abstract

Cash waqf, an initiative introduced by BWI Parepare City, initially aimed to alleviate post-Covid-19 poverty in the region. However, its implementation has proven ineffective and counterproductive to local economic development. In order to gain a comprehensive understanding of the issue, a qualitative study was conducted, consisting of interviews at the BWI Office and PCNU in Parepare City, to gather relevant data. The study aimed to provide a description of currency waqf from both a fiqh and positive law perspective, while also conducting a Maqāşid Sharia-centric analysis of the reorientation of cash waqf at BWI Parepare City. The first finding showed that cash waqf involved depositing funds in financial institutions for socioreligious purposes. However, the second finding indicated the issue with the current cash waqf implementation in Parepare City, as it lacked orientation and failed to contribute effectively to economic development. This study discusses the implications of cash waqf in facilitating economic recovery, emphasizing the need for waqf fiqh to align with concepts that genuinely benefit the people and remain adaptable to the prevailing conditions. The aim is to ensure the implementation of cash waqf in a manner that supports economic development and maintains harmony with the present circumstances
Tracing the Rules of Sexual Abnormality in the Islamic Jurisprudence Hannani; Hammad, Hamza Abed Al Karim; AR, Zulfahmi
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.35794

Abstract

Sexual abnormality or deviation is a social disorder that is considered a violation of social norms and expectations of civility. Such behavior is deemed deviant because it goes against religious rules and values upheld by society. This research aims to establish a middle ground between sexual deviation and Islamic jurisprudence with regard to sexual deviation activities. To achieve this, a comprehensive review of linked data sources was conducted using qualitative and literary research. The findings showed that certain types of sexual deviance such as sadomasochism, exhibitionism, voyeurism, fetishes, and others have not been extensively discussed in fiqh books. According to the rules of Uşul Fiqh, "al-wasāil laha hukmu al-gāyah ", indicates that the law of means (instruments) follows the law of purpose. This shows sexual deviance is considered one of the means to adultery, and as such, it falls under the law of adultery.
'Illat and Wisdom in Use Ultrasonography (USG) during Iddah Period: Comparative Study Arafah, Muhammad; Nur, Irsan; Sofyan; Asti, Mulham Jaki; Rahmatullah, Andi Muhammad Ridha
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.35405

Abstract

The Iddah phenomenon is a contemporary issue in which the essence of the Iddah period for women experiences certain problems, including the prohibition of women during their Iddah period from accepting proposals or getting married, lack of understanding of the determination of the Iddah period, gender inequality issues, and conflicting understandings of law and calculation of the Iddah period. Consequently, the use of ultrasound during the Iddah period has become a topic of discussion. This article discusses the contextualization of Islamic law that seeks to place illat and wisdom at the center of cases involving the use of ultrasound during the Iddah period to determine the cleanliness of a woman's uterus, so that the existence of illat becomes the basis for legal istinbat, which then gives birth to wisdom. The research method employed is qualitative with literature review, which attempts to establish a connection between the relevant literature and the article's discussion. This study's findings identify the use of ultrasound during the Iddah period as a criterion for the existence of illat and the wisdom that underlies its legal determination. Therefore, the existence of ultrasonography (USG) during the Iddah period based on a theological approach cannot be used as a benchmark (illat) for uterine hygiene for women and does not affect the essence of the wisdom contained therein, including for matters that are clear and certain that are used to establish and determine whether or not a law exists.
Maslahah Evaluation of Judges' Sentences for Domestic Violence Crimes at the Majene District Court Noercholis Rafid. A; Fajri, Muhammad; Noor, Khairun Nizam Mohd.
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.37034

Abstract

The study aimed to analyze the factors that contributed to the judge's lenient sentence towards a defendant charged with domestic violence at the Majene District Court. Additionally, the study sought to examine the maslahah value inherent in the judge's decision. The study conducted was normative research that involved analyzing the decisions made by judges. Additionally, interviews were conducted with multiple judges to gain insights into their decision-making processes. The study employed a normative syar'i approach to examine judges' decisions by utilizing maslahah analysis from Islamic legal theory. According to the study's findings, the judge's decision was influenced by the maslahah value, which prioritized the restoration of the perpetrator's household. This was due to the perpetrator's expression of regret and the establishment of peace between the involved parties. The statement suggests that there is a comparison between the obligation of maintaining a household and the imposition of prison sentences ranging from 1-10 years on perpetrators who are responsible for victimizing their wives. The imposition of prison sentences can have negative consequences for both the offender and society as a whole, as it impacts their ability to meet basic needs.
Songkabala in al-'Urf Perspective on Pinisi Vesselbuilding in Coastal Sulawesi Pabbajah, Mustaqim; Ashufah, Abdul Hayyaqdhan; Eitriya, Zehratul
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 2, DECEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.35653

Abstract

Pinisi vessel are cherished local heritage found in South Sulawesi up to the present day. Therefore, this research provided a comprehensive portrayal of songkabala ritual and conducted an in-depth analysis in Bulukumba, Indonesia. In the broader sociological framework, the intricate interplay between the local Bulukumba culture and Islamic law was analyzed. To examine songkabala rituals, theories such as al-'urf, symbolic interactionism, and legal sociology were established. This method presented an understanding of qualitative research, using data sources gathered through systematic observation, insightful interviews, and meticulous documentation. Data analysis was conducted through the stages of selection, formatting, and conclusion. The results showed that songkabala was a ritual preserved for making pinisi vessels in Bulukumba tradition to ward off disasters faced when sailing. The ritual was performed with four stages, including annakbang, kalabiseang annattara, appasili, and ammossi. Based on al-'urf theory, songkabala activities could be accepted as a good tradition for Indonesian Muslim communities because they preserve good local traditions, and not violating fundamental principles in the doctrine of Islamic teachings. The research suggested the need to analyze local traditions with a broad religious perspective, preventing negative justifications and perversion.
Cultural Dynamics and Islamic Legal Realities of Bundo Kanduang in the Patriarchal System of West Sumatra Alikhsan, Rizky; Yenti, Endri
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 2, DECEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.39207

Abstract

In the Minangkabau tradition, women hold a distinct society and cultural standing referred to as Bundo Kanduang, signifying their unique and esteemed position. This paper aims to examine the position upheld by ethnic Minangkabau women within patriarchy framework of the customary law of West Sumatra and the general Islamic law. This study is qualitative and was conducted using a comparative law approach. To achieve the study aim, data were obtained from interviews with academics, cultural and religious leaders, as well as tradition leaders. The obtained results showed a decline in the status of Bundo Kanduang within the Minangkabau customs. In this custom, the glory of women holding heirloom property was only being used as a symbol. Meanwhile, Islamic law acknowledges that granting rights to women is not contradictory or incompatible. Typically, Islam creates room for equality in the roles and functions of women and men within the Minangkabau community, allowing women (Bundo Kanduang), to have equal opportunities in the public sphere, particularly in the field of work. Based on this understanding, it is crucial to deeply instill in the younger generation an understanding of their position within the customs, religious values, family dynamics, and cultural heritage. This comprehensive education is particularly important as it ensures their awareness of functions and positions, aiming to prevent cultural disparities within the Minangkabau society.
The Pawn (Rahn) in Local Practice of Massanra Galung of South Sulawesi Society: A Comparative Analysis of Madhhabs Kamaruddin; Martiana, Andri; Farhah, Ummi; S, Cahaya Rahmadani
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 2, DECEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.39894

Abstract

The application of massanra galung has become a customary practice within the Bellu Village community. However, its execution has been observed to frequently experience certain deviations from the established regulations. This study aims to examine the application of the concept of Rahn within the context of the massanra galung practice in Bellu Village, situated in Salomekko District, Bone Regency. It was also carried out with the aim of exploring and analyzing the Rahn concept through the lens of the four main schools of thought (madhhabs) in Sunni fiqh. This research is empirical research, and it was conducted using both a phenomenological and a comparative approach. To achieve the outlined aim, data were collected from interviews with six people who practiced massanra galung and from several community leaders. The obtained results showed that within the implementation system of massanra galung in Bellu Village, it is customary for the pledgor to approach the pawn receiver to secure a loan, typically offering their rice field as collateral. It is important to acknowledge that the views of the four madhhabs on certain matters differ, specifically when considering the practice of massanra galung. However, these schools of thought all agree that due to the fulfillment of the pillars and conditions required for massanra galung, the practice is considered valid and permissible according to Islamic law. Regarding the pawn transaction, two parties are considered namely the pawn giver (rāhin) and the pawn receiver (murtahin). It was recommended that efforts aimed at reinforcing the practice of massanra galung should prioritize the enhancement of record-keeping protocols to mitigate potential disputes.
Examining the Position of Women in Traditional Polygamy: Insights from Islamic Jurisprudence in the Cultural Context of East Flores Prakon, Abdu Ihram; Siti Aisyah; Fauzan, Ahmad
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 2, DECEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.39903

Abstract

The position of women in polygamous marriages within Watobuku Village, East Solor, and East Flores, has been observed to strongly reflect the influence of prevailing cultural, tradition, and local values shaping community. This study aims to elucidate the potential mistreatment of women within polygamous marriages by comparing perspectivess of customary law and Islamic law in a sociological framework. This aim was achieved trough the application of qualitative research methodologies, such as observation, in-depth interviews, and documentation analysis. The results obtained from this investigation showed that despite the correspondence of male conduct with certain aspects of Islamic law in polygamous settings, the implementation often lacks fairness, leading to discrimination against women. To address this challenge, it becomes essential to carry out stringent law enforcement with the specific aim of safeguarding the positions held by women, specifically in polygamous unions within the Watobuku Village community. Furthermore, within this context, fostering mutual understanding and responsibility between male and female partners is crucial. It is also important to encourage men, particularly those already married, to appreciate their existing partners and avoid seeking additional spouses without due consideration. In this study, it was suggested that if a husband desires to remarry, he should follow the path of divorcing the first wife before pursuing another marriage. This method was recommended because of its potential to prevent discriminatory practices and uphold justice for women within the context of polygamous marriages.

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