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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 Legal Discourse of Al-Ādah Muhakkamah on Mappanini Bosi Tradition in Bone Regency Widjaja, Abdi; Mahmusin, Muhammad Arash bin; Abdulrazak, Fahri Asyudi; Nazaruddin, Rezkiawati
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.39918

Abstract

The inhabitants of Pattiro Village, situated within the Dua Boccoe Subdistrict of Bone Regency, are renowned for their customary practice known as "mappanini bosi." However, it has been observed that adherence to the established rules of this tradition is frequently breached by community members. This research aims to explore the use of mappanini bosi tradition within Bugis society and to examine perspective of Islamic law on the jurisprudential rule of al-ādah muhakkamah. Accordingly, this empirical qualitative research was conducted in Pattiro Village, situated within the Salomekko District of Bone Regency in South Sulawesi Province. The methodology used adopted a synthesis of two theoretical frameworks, namely the reception-exit theory and al-'urf. To achieve the research aim, data were gathered through field studies and literary sources, and subsequently processed and analyzed using reduction, presentation, and conclusion methods. The obtained results showed the significance of mappanini bosi tradition within Bugis community, which was recognized as integral for achieving success in their various endeavors. It was also observed that not all individuals in Pattiro Village actively engage in this custom. Ritual stages of mappanini bosi include the use of leaves, millipede animals, sharpening stones, burning dippers, and underwear. In accordance with this, the fiqh rule al-ādah muhakkamah concerning the practice of mappanini bosi was evaluated in this research. From this evaluation, it was found that some elements deviated from certain Muslim beliefs, but not all aspects contravened mappanini bosi principles. Ritual process comprised the use of specific materials, and intentions, and attributing significance to ritual items believed to influence rainfall. This research urges practitioners of rain-charming ritual and Bugis community to regard mappanini bosi as local wisdom while concurrently respecting Islamic law as an integral component of community life.
Exploring al-Shāfi'ī and Hanafī Perspectives on Local Beliefs: The Sacred Status of Karaeng Lolo Bayo's Shrine in Sanrobone, Indonesia Hasanuddin, Muhammad Irfan; 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.39936

Abstract

The increasing belief of the Sanrobone community in the sanctity of Karaeng Lolo Bayo's Tomb is rooted in the significant contributions made while alive, and the deep influence has cultivated a lasting sense of reverence among its members. Therefore, this research was conducted to report the public belief in the sacred grave of Karaeng Lolo Bayo within the Sanrobone community. The belief was subject to analysis through a comparative examination of the two main schools of Islamic fiqh, Hanafiyah and al-Shafi'iyah, specifically concerning the pilgrimage activities associated with the grave. Primary data collection was conducted using interviews with several community leaders, visitors, and experts in related fields. Meanwhile, observation and documentation were used to analyze the data obtained through the interview method. The results showed that the tradition of grave pilgrimage in the Sanrobone community serves the purpose of honoring their ancestors and enabling community members to engage in prayer rituals at the gravesite. The al-Shafi'i madhhab and the Hanafi madhhab literature permitted this tradition in line with the fundamental principles of Islam, maintained simplicity, and avoided acts associating partners with Allah.
Legal Pragmatism in Traditional Practices: Imam al-Shāfi'ī's Maslahah Analysis of Mbolo Weki in Bima Regency Hasan, Hamzah; Daud, Muhammad
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.39950

Abstract

This study aims to describe how the implementation of the Mbolo Weki Tradition of the Sakuru Village Community, Monta Subdistrict, Bima Regency, then to describe the Maslahah Value in the implementation of the Mbolo Weki Tradition of the Sakuru Village Community, Monta Subdistrict, Bima Regency. This type of research is descriptive qualitative. Data sources in this research are primary and secondary sources, data collection methods include observation, interviews, and documentation. The results of the analysis show that the Mbolo Weki tradition not only has cultural values, but also contains maslahah values that are in line with the principles of Islamic law according to al-Shafi'i madhhab. In al-Shafi'i's perspective, this tradition is considered to provide positive benefits for individuals and society. The values of solidarity, justice, and togetherness contained in Mbolo Weki are considered in accordance with the concept of maslahah in Islamic law. This research is expected to provide a deeper understanding of the relationship between local traditions and universal values in the context of Islamic law, especially the al-Shafi'i madhhab. The implications of this research are expected to support the maintenance and development of local traditions that are in accordance with Islamic values and can make a positive contribution to people's lives.
Exploring Diverse Madhhabs' Perspectives on Wearing a Veil among Female Students Nurdin, Roswati; Dahlan, Mohd Akram bin Dato Dahaman; Rajab; Kamal, Latri; Thalhah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.41323

Abstract

The increasing prevalence of veiling among female students is requiring urgent examination. Therefore, this study analyzes veiling during prayer, emphasizing four madhhabs to show varying perspectives and implications for student populations in Ambon State Islamic Institute. A comparative analysis of legal principles is adopted to integrate sociological perspectives using an interdisciplinary approach. Data collection includes interviews, documentation, and bibliographic studies, with emphasis on the influential novel turāś (classic book). The results show that there are three main issues, namely concerns regarding prostration perfection in hadith, debates on mouth and nose closure during prayer, and discussions on intimate body part boundaries for women. In addition, Jumhūr Ulamā (the Majority of Scholars) from al-Shāfi'ī, Hanafī, and Mālikī madhhab concur on visibility necessities in specific situations. Veiling is recommended during prayer unless there is concern for slander. In this context, students' awareness of feminist jurisprudence is stated, advocating for a nuanced understanding beyond a singular perspective. Veiling practices should also be comprehended during prayer among Muslims to urge respect for diverse Islamic opinions. This study reports the urgency of addressing the multifaceted issue and advocates for a comprehensive perspective.
The Role of Siyāsah Shar'iyyah in Analyzing and Addressing Land Disputes Syafa'at Anugrah Pradana; Hasim, Hasanuddin; Haq, Muhammad Imam Dhiya’ul
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.42252

Abstract

Disputes are often reported from complexities related to land ownership, particularly when multiple parties lay claim to a specific plot acquired through gifting or inheritance. Public objections predominantly center around preventing inaccuracies in the transfer of ownership rights during the recording of land blocks at National Land Office (BPN) concerning blocking of ownership rights. Therefore, this study aims to examine the prevalent issues encountered during the recording of land title certificate, with a specific focus on the common land disputes that lead to legal proceedings. An analytical framework of siyāsah shar'iyyah is adopted with empirical juridical methodology using a socio-juridical perspective. The data-gathering method comprises three distinct stages, namely reduction, presentation, and conclusion. The results show that the submission of a plot of land for registration cannot be executed by any arbitrary party. A clear understanding of applicant's status and the rationale behind the request is necessary to restrict the use of land effectively. In this context, the registration of land blocks has diverse effects in terms of economic, socio-cultural, and legal assurance. The challenges encountered in the act of obstructing are predominantly rooted in the administrative procedure. Therefore, the proposed remedy includes the use of technology based on electronic systems to effectively disseminate information to the public. In this jurisdiction, land ownership is primarily governed by Sharia law, which views documenting property rights as a method of promoting good governance. Meanwhile, zoning arrangements serve as an alternative for documenting land blocking, mitigating potential ownership issues in the future.
Maqāṣid Sharīah Paradigm in Wealth Preservation and Regional Stability Through Local Currency Protection within ASEAN Fikri, Ikhwan; Subroto, Muhammad Al Kautsar
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.42845

Abstract

This study explores Indonesia's motivation for promoting Local Currency Settlement (LCS) among ASEAN countries and assesses the outcomes of the 42nd ASEAN Summit through the lens of maqāṣid sharīah, focusing on hifẓ al-māl (wealth preservation). Utilizing a mixed-methods approach, the research combines a literature review with field research. The literature review integrates diverse sources such as journals, books, and online materials relevant to policy analysis, while field research includes interviews with Islamic economists, academics, and leaders from religious and government sectors to understand LCS implementation and impacts. The findings indicate that LCS agreements bolster economic independence and stability in the ASEAN region by enabling transactions in local currencies. This system facilitates bilateral and regional trade, enhances investment flows, and supports various economic activities among ASEAN nations. It aligns with the maqāṣid sharīah principle of hifẓ al-māl and reinforces the qiyām or qawām system (balance within self, family, and society), promoting broader economic stability. This research provides a novel perspective by analyzing LCS within the framework of maqāṣid sharīah, highlighting how regional economic policies can harmonize with Islamic principles of wealth preservation. The results suggest that LCS could be a strategic tool for strengthening regional economic integration and stability. By reducing reliance on third-party currencies and aligning with maqāṣid sharīah principles, LCS has the potential to foster more resilient and balanced economic relationships both within ASEAN and globally.
Exploring the Verdict of Interfaith Marriage under Maqāṣid Sharīa Insights Bukido, Rosdalina; Ishak, A. Zainal Azhar
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.43025

Abstract

The diverse society of Indonesia permits interfaith marriage but the challenge lies in the legal recognition under Islamic law. The primary issue pertains to the legal aspects and the jurisprudence from the perspective of Maqāṣid Sharīa. Therefore, this research aimed to analyze the legal objectives of interfaith marriage as well as the execution and status of the concept from the perspective of Maqāṣid Sharīa. A thorough examination of literature from primary, secondary, and tertiary sources is carried out, including legislation, court judgments, books, journals, and other relevant materials. Meanwhile, the analysis is performed using a juridical, syar'i, and philosophical perspective. The results show that the judge approved the application for the legality of interfaith marriage, citing Law Number 1 of 1974 on Marriage, Human Rights, and Law Number 23 of 2006 on Population Administration. Similarly, when considering Maqāṣid Sharīa, marriage between individuals of different religions is not allowed, particularly in matters of Aqidah and Iman. This prohibition upholds the objectives of Islamic marriage law since the values obtained from the religion are not easily reconciled in the unions. According to the principles of Maqāṣid Sharīa, interfaith marriage should be avoided due to potential harm.
Crafting a Progressive Legal Landscape of Apostasy in Islamic Criminal Law Reform Haq, Islamul; Waeno, Muhamadaree; Marlina, Andi; Rasna
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.44430

Abstract

This study aimed to examine the intricate process of reforming Islamic criminal law to establish a progressive legal system and ensure justice. An empirical approach was adopted with a specific emphasis on abolishing the penalty for apostasy. This qualitative study included in-depth interviews with members of the Fatwa Commission, lecturers, and students to explore viewpoints on crafting the reform of Islamic criminal law and abolishing the punishment for apostasy. Recent results of contemporary studies recommended the revision of Islamic criminal law to abolish the death penalty for apostasy. This perspective showed an effort to ensure consistency between Islamic legal concepts, universal human ideals, and evolving societal settings. This article contributes to the ongoing discourse on reforming Islamic criminal law, shedding light on the complexities involved and advocating for a more humane approach, particularly regarding apostasy. This research, it seeks to bridge the gap between theoretical discussions and practical implications, fostering a deeper understanding of the necessity for reform within Islamic jurisprudence. Through collaboration with stakeholders and continued academic inquiry, it is hoped that these efforts will pave the way for a legal framework that not only respects Islamic principles but also upholds universal human rights standards.
Legal Perspectives on Passampo Siri’ Marriage and Determination of Biological Father's Status in Sidenreng Rappang Regency Basri, Rusdaya; Muzakkir; Fikri; L, Sudirman; Aris
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.44544

Abstract

The controversy of passampo siri’ marriage in Bugis society and the determination of biological father from the perspectives of religious and traditional figures are discussed in Sidenreng Rappang Regency. Therefore, this research aims to understand the legal determination of passampo siri’ marriage and the establishment of biological father's status for child. Descriptive qualitative research uses primary data sources from community leaders, as well as traditional and religious figures through interviews and observations with an empirical sociological method. The results show that the reality of passampo siri’ in Sidenreng Rappang Regency is an alternative selected by parents for unmarried pregnant daughters disapproved of marrying the man responsible for preserving the family reputation. There is a divergence of opinions (ikhtilāf) among religious and traditional figures regarding the legal status of passampo siri’. Even though most informants agree that passampo siri’ is forbidden (harm) and invalid, some believe the concept is permissible and valid. The determination of child’s status does not differ according to the perspectives of religious and traditional figures in Sidenreng Rappang Regency. These groups assert that child born is not attributed to biological father.
Psychological or Theological Dynamics of Students who Wear Cadar at Islamic Universities in Indonesia Mayyadah; Jusmiati; Husain, Muhammad Zakin bin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 6 ISSUE 1, JUNE 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.45657

Abstract

Cadar is a type of veil worn by some Muslim women that covers the face, leaving only the eyes visible. Several studies have been carried out with the primary aim of exploring the use of this veil in Islamic colleges. These explorations identified several significant elements contributing to the usage of cadar, including psychological and ideological issues, both of which have not been thoroughly examined. Therefore, the present study aims to fill these gaps through the use of the reality of fiqh and psychological techniques. To achieve the stated objective, data were collected from 22 UIN Datokarama high school graduates who were assigned to participate in lifts, interviews, and focus group discussions (FGDs). The obtained results showed that three factors namely, the need for stability, the possibility of personal development, and the propensity to emulate an adored figure, served as psychologically motivating factors to students. Furthermore, the reality of fiqh was observed to suggest that the use of cadar is not necessarily accompanied by a strong religious understanding of its significance. This fact reinforces previous results that the adoption of cadar in Islamic colleges is more psychological than theological. Within the context of the present study, new facts emphasizing psychological and theological fragility among university students were uncovered and stakeholders are expected to address these facts when dealing with the phenomenon at Islamic universities.

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