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Mu'tashim Billah
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Universitas Islam Negeri Sunan Kalijaga, Jln. Marsda Adisucipto, Yogyakarta, Indonesia. Kode Pos 55281
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Al-Mazaahib: Jurnal Perbandingan Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 23027355     EISSN : 28091019     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
Al-Mazaahib adalah jurnal pemikiran hukum milik Jurusan Perbandingan Mazhab dan Hukum, Fakultas Syari’ah dan Hukum UIN Sunan Kalijaga Yogyakarta. Al-Mazaahib merupakan jurnal yang berisi atau memuat karya-karya ilmiah yang terkait dengan pemikiran-pemikiran di bidang hukum, baik hukum umum (positif) maupun hukum Islam. Keberadaan Jurnal Al-Mazaahib ini tentu sangat penting dalam menggali, memperkaya, dan mengembangkan pemikiran dan teori-teori hukum. Dengan demikian, Jurnal Al-Mazaahib ini akan memberikan kontribusi positif dalam memperkaya khazanah pemikiran di bidang hukum, baik hukum Islam maupun hukum positif.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 10 No. 2 (2022): Al-Mazaahib" : 5 Documents clear
Praktik Rukun Qauli Dalam Salat Bagi Difabel Wicara Perspektif Abu Hanifah dan Asy-Syafi’i Fa'izah, Shofa Auliya
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 10 No. 2 (2022): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v10i2.2776

Abstract

In Fiqh, there is no sufficient discussion about the prayer of the speech disabled. Even though there is no specific and detailed discussion regarding the law of prayer for speech disabled people (pillars that cannot be carried out by speech disabled people). In this case there is a difference of opinion between Abu Hanifah and ash-Shafi'i. The type of research used is Library Research, which uses literature in the form of books, books, journals, dictionaries, literature related to the object of study. The nature of this research is descriptive, comparative, analytic, namely explaining, explaining, and analyzing as well as comparing the legal istinbath method used by two jurists. The results of this study indicate that Abu Hanifah and asy Syafi'i have different opinions regarding the pillars of qauli in carrying out prayers. In this case, Abu Hanifah is of the opinion that surah al-Fatihah is not included in the pillars of prayer, but what is included in the pillars of prayer is reading the verses of the Qur'an, if the mushalli cannot read it, then the substitute/badal, the mushalli may replace it by being silent for a moment if during the reading of Surah Al Fatihah finished. Meanwhile, ash-Shafi'i has a different opinion that reading surah al-Fatihah is one of the pillars of prayer, if the mushalli cannot read it, then the substitute/badal, the mushalli may read the surahs that he can whose letters are not less than the number of letters in sura al-Fatihah. 
Hukum Jual Beli Air Susu Ibu Analisis Pendapat Imam Abu Hanifah dan Imam Malik Mahfudz, Muhammad Sahal
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 10 No. 2 (2022): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v10i2.2777

Abstract

In the view of the fuqoha, the practice of buying and selling breast milk is different about whether it is permissible or not. Imam Abu Hanifah is of the opinion that breast milk should not be traded because it includes human flesh. Meanwhile, Imam Malik is of the opinion that breast milk may be traded for sacred reasons. In this case the author uses the library research method-qualitative by using the theory of ta'arud fair and maslahah mursalah. The results of this study determined that the law of buying and selling breast milk both had in common, namely using the qiyas method. In this case, Imam Abu Hanifah sees the buying and selling of breast milk more on the sanctity of objects and the harm that occurs when this sale and purchase is carried out. Meanwhile, Imam Malik sees it from the side of the benefit of goods being traded.  
Penentuan Mahar Berdasarkan Tingkat Pendidikan Pengantin Perempuan Perspektif Hukum Adat dan Hukum Islam Ridwan, Muhammad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 10 No. 2 (2022): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v10i2.2768

Abstract

The determination of the dowry in the Purba Baru was carried out from generation to generation, so it was difficult to shift it, even though the times had progressed. Uniquely, the determination of dowry in Purba Baru is based on the education level of the bride, even though in Islam it is stated that the form of dowry is only that which is valuable and useful. This research is qualitative, which prioritizes quality requirements in the form of understanding the problem. While the informants in this study were four people, namely 1) community leaders 2) youth 3) women 4) community. The techniques used to collect data in the consensus of this study were 1) interviews 2) observation 3) and 3) documentation. Determining the dowry based on the level of education in Purba Baru is an act that creates two legal consequences if the purpose of the determination is to elevate the dignity of women, especially regarding whether an action is legal or not, it causes things that are contrary to the Shari'a thus it becomes illegal to accept it, even may become unlawful.
Pawai Malam Lebaran Menggunakan Musik DJ di Perbaungan Kabupaten Serdang: Perspektif Tokoh Muhammadiyah dan Al-Washliyah Damanik, Deniansyah; Arifin, Oji
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 10 No. 2 (2022): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v10i2.2735

Abstract

Every 1st night of Shawwal (Eid al-fithr of Muslims) in Perbaungan District, Serdang Bedagai Regency, North Sumatra, there have been a takbir parade with decorative cars and DJ music. Therefore, the author is interested in examining this problem from the perspective of Muhammadiyah and Al-Washliyah figures in Perbaungan District. This article is field research methods by conducting interviews to some religious figures in Perbaungan district. This article found that the event organizers forbid the use of DJ music in the regulation. Apart from that, the opinion of the Perbaungan District Muhammadiyah figures tends to prohibit this act due to the mixing of takbir with DJ music. this is inversely proportional to the figure of Al-Washliyah Perbaungan who still has the opportunity to allow it because there is no firmly argument (qoth'i) which prohibits music and as long as it is not negligent the listener. This article finds that the opinion of Al-Washliyah figures is more relevant and easily accepted by the public. This is because the banning of a tradition requires a lot of time. In Islamic law, the principle of tadarruj is known, which means the prohibition or order of something must be done in stages.
Kajian Filantropi di Indonesia: Studi Undang-Undang Pengumpulan Uang Atau Barang dan Undang-Undang Zakat Prassetyo, Erik Dwi; Aulia, Layla
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 10 No. 2 (2022): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v10i2.2771

Abstract

Philanthropy is an important aspect that can improve people's welfare, therefore the government must make regulations regarding good philanthropy by existing legal requirements. However, the current regulations, namely the regulations CMG and the Zakat regulations, are considered to still have weaknesses, as well as the large philanthropic benefits that exist will be difficult to achieve. This research focuses on a comparative study between the rules CMG and the Zakat regulations with the main issues being the first, how philanthropy is regulated in the two regulations, and second, how the comparison is between the two. This research is a type of normative legal research (library) with a comparative method and statutory approach. The source of this research data is from laws, books, or journals that are relevant to the discussion. The results of this study indicate that philanthropic arrangements in Zakat regulations are more ideal and effective when compared to regulations CMG which still have many weaknesses. These weaknesses can be seen from aspects of technology utilization, requirements, reporting, financing of organizational activities, guidance and supervision, and finally related to sanctions. It seems that it can be seen that both laws regulate provisions regarding licensing, accountability, and law enforcement. Meanwhile, the difference is that there are no regulations regarding the CMG, provisions regarding licensing requirements, community participation, special management, guidance and supervision agencies, administrative sanctions, as well as provisions on the number of criminal sanctions and fines.

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