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Muqaranah

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Published by Universitas Islam Negeri Raden Fatah Palembang

ISSN : 28093658 EISSN : 28094832 DOI : 10.19109

Core Subject : Religion, Economy, Social,

Religion Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Muqaranah adalah jurnal yang diterbitkan oleh Prodi Perbandingan Mazhab Universitas Islam Negeri Raden Fatah Palembang dengan ISSN 2809-3658 dan E-ISSN 2809-4832. Muqaranah terbit dua kali dalam setahun yaitu pada Juni dan Desember. Jurnal ini menerbitkan konsep dan makalah penelitian terkini tentang perbandingan mazhab dan hukum. Muqaranah adalah jurnal yang menerbitkan artikel-artikel yang berkaitan dengan perbandingan-perbandingan mazhab maupun hukum, seperti: perbandingan mazhab maupun hukum dibidang hukum pidana, hukum perdata, hukum adat, hukum Islam, hukum pidana Islam, hukum perdata Islam, hukum keluarga Islam.

Arjuna Subject : Umum - Umum

Articles 8 Documents

Search results for , issue "Vol 5 No 2 (2021): Muqaranah" : 8 Documents clear

THE POSITION OF SUNNAH AS A SOURCE OF ISLAMIC LAW IN A NEW PERSPECTIVE IN ITS TYPES Tiyo Maulana; Wahyu Hidayat; Zulheldi Zulheldi; Darni Yusna
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Abstract This paper aims to discuss the meaning of Sunnah as an argument in the determination of Islamic law. The existence of the Qur'an as a guide to life is not complete without the Sunnah. As-sunnah's position in the teachings of Islam became the second source of law after the Quran. This As-sunnah is everything narrated by the Prophet PBUH, either in the form of deeds or words. We conducted a literature study and content analysis approach with a descriptive method in our research. The problem lies in the description of the flexibility of the Sunnah as a source of Islamic law. The Sunnah is divided into the Sunnah of words, deeds, and the Sunnah of Hammiah (will). The author researches the Sunnah of this will which is still little discussed by other researchers. Sunnah Hammiyah is the desire of the Prophet to burn the houses of people who do not pray in the congregation to the mosque, and the Prophet wanted to change the position of the Kaaba if the Quraysh at that time were still close to polytheism. The Sunnah itself serves as an explanatory, that is, to explain things that are still vague in the Qur'an. Keywords: Type, Sunnah, Legal Sources

ANALISIS PERBANDINGAN PENETAPAN HAKIM TERHADAP DISPENSASI PERKAWINAN AKIBAT HAMIL DILUAR NIKAH Ekasari Ekasari; Ema Fathimah; Gibtiah Gibtiah
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Abstract One of the marriage dispensation cases that was granted by the Palembang Class IA religious court was assurance Number: 310/Pdt.P/2020/PA.PLG and what was rejected by the Banjarnegara religious court was assurance number: 66/Pdt.P/2019/PA.Ba. The interesting thing in this determination is the difference in the lawful fundamental for the consideration of the Palembang religious court judges in granting and the Banjarnegara religious court judges in rejecting the dispensation application submitted by the applicants. However, the substance of both is the same. The problem and goal of this inquire about is to discover out the basis in law, similarities and differences in the legal reason of the judge's thought of the two choices. This investigate may be a sort of normative juridical inquiry. The type of data used is qualitative data. Data analysis methods used are deductive and comparative methods. The results of the study show that the legal basis for the justice granting the application for dispensation for marriage is article 7 paragraph 2 of law number 1 of 1974 concerning marriage as revise by law number 16 of 2019, article 26 paragraph 1 letter a of law number 35 of 2014 concerning amendments to law number 23 of 2002 concerning child protection. In addition, the judge also uses the rules of fiqh, namely Saad al-Dzariah. The judge's legal basis for rejecting the application for a marriage dispensation is article 7 paragraph 1 of law number 1 of 1974 concerning marriage and article 1 number 1 of law number 35 of 2014 concerning amendments to law number 23 of 2002 concerning child protection. The similarity is that they both have the same substance. The difference is that the Palembang religious court judge granted it and the Banjarnegara religious court judge rejected the marriage dispensation application due to pregnancy out of wedlock. Keywords: Marriage, Dispensation, Marriage Age Limit

ZAKAT FITRAH DENGAN UANG MENURUT IMAM HANAFI DAN IMAM MALIKI Iin Pitriani; Siti Zailia; Legawan Isa
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Abstract Zakat fitrah is issuing a special portion of property that has reached the nishab (quantity limit that requires zakat) to people who are most entitled to receive it or called mustahiq. The obligation to pay zakat fitrah is also legal in several verses in the Qur'an. The form of giving zakat fitrah has also been explained in several hadiths of the Prophet Muhammad. Efforts to pay zakat in Islamic law show that Islam is very concerned about social problems, especially the fate of those who are weak. So that close the relationship of love between fellow human beings in realizing Islamic brotherhood. In the Indonesian community, most of whom adhere to the Hanafi school of thought, but there are also some people who follow the guidelines of the Maliki school of thought, where from the two schools of thought there are differences of opinion about most of them allowing zakat fitrah with money, but there are also those who argue that paying zakat fltrah is not allowed with money. but with goods (basic materials). Based onthe explanation ofthe background of theproblem, the researcher determines the formulation of the problem, namely how are the similarities and differences between zakat fltrah and moneyaccording to Imam Hanafi andImam Maliki. This study uses the library research method, which means an activity to search, record, formulate to analyze to compile data about differences of opinion from Imam Hanafi and Imam Maliki regarding the payment of zakat fitrah with money. The dta obtained from the resultsof this library rsearch ar then processed systematically. The results in the study state that Imam Hanafi and Imam Malik both require zakat fitrah on people who have excess food the next day. However, in this case Imam Hanafi distinguishes between fard and obligatory. Fardhu is everything that is determined based on the qath'i argument, obligatory based on the zanni argument. Meanwhile, Imam Maliki does not distinguish between fard and obligatory. While the difference is that Imam Hanafi is allowed to pay zakat fitrah with money while Imam Maliki does not allow zakat firah with money, he must use local staple foods Keywords: Zakat, Money, Hanafi, Maliki

ANALISIS FIQH SIYASAH TERHADAP PERAN DEWAN PERWAKILAN RAKYAT DALAM HUKUM TATA NEGARA INDONESIA Muhammad Raka Mahendra; Paisol Burlian; Yuswalina Yuswalina
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Abstract In the state government system there is a legislature as a channel for the aspirations of the people. In the Indonesian government it is known as the People's Representative Council (DPR), while in Islamic government it is known as Ahlu Al-Halli Wa Al-Aqdi. Prior to the reform, the role of the DPR in Indonesia had not been implementbased on the 1945 Constitution. However, after the reform the role of the DPR has been running well after the amendment of the 1945 Constitution. Indonesian country?; (2) What is the role of the House of Representatives (Ahlu Al-Halli Wa Al-Aqdi) in Fiqh Siyasah?; and (3) What are the similarities and differences in the roles of the House of Representatives and Ahlu Al-Halli Wa Al-Aqdi in Indonesian Constitutional Law and Fiqh Siyasah?. Normative juridical study or what is known as library research is used in this research with comparative descriptive nature using normative methods where the author analyzes one source of data, namely secondary data, which means the data is sorted into a primary, secondary and also tertiary law. Reffering on the results obtained, the role of the DPR to oversee the running of the government, form laws, and provide considerations concerning the people. While the role of “Ahlu Al-Halli Wa Al-Aqdi”is to elect and dismiss the head of state, make legal regulations and consult to resolve the problems of his people. Thus, we concludefrom this research is that these two institutions have many similarities in carrying out their roles in the government system, and both also have several differences that can be seen from: (a) Their position in government; (b) How to elect and inaugurate the head of state; (c) Carry out their duties in government; (d) The system in government; and (e) In its membership in the government. Keywords: Legislative Institutions, Role, Constitutional Law, Fiqh Siyasah

MENGAQIQAHKAN ORANG YANG SUDAH MENINGGAL MENURUT MADZHAB SYAFI’I DAN MADZHAB HANBALI Fauri Gunawan; Bitoh Purnomo
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Abstract The Law of Imparting People Who Have Died According to the Syafi'I School and the Hanbali School. According to the Shafi'i Madhhab, it is permissible to certify a person who has died, if there is a baby, it is sunnah to be aqiqah. If a parent dies, it is permissible if there is a will from the deceased person. Meanwhile, according to the Hanbali Madzhab, it is permissible to aqiqah a person who has died, be it a baby or an elderly person, as long as the aqiqah is performed in multiples of 7 (a week). And the similarities and differences between the Aqiqah of the Dead According to the Shafi'i and Hanbali schools, the similarities between the two are that they are both an expression of gratitude for the blessings that Allah has given in the form of the birth of a child. When a baby is born, Satan immediately meets him, embraces him, puts him in his hands and tries his best to make him his follower, while the difference between the two is in terms of the law. Meanwhile, in the Hanbali school of law, it is the sunnah of mu'akkad to aqiqah a person who has died. This research is a type of descriptive qualitative research, the method used in this thesis is library research Keywords: Aqiqah, Madzhab Syafi‟i, Mazhab Hanbali

MEKANISME “HUTANG MUSIM” MENURUT HUKUM ISLAM DAN KITAB UNDANG UNDANG HUKUM PERDATA Novia Herawanti; Muhammad Torik; Armasito Armasito
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Abstract There are still many people who practice seasonal debt in Pelang Kenidai Village, Dempo Tengah District, Pagar Alam City, but do not know the legal basis and origin of the practice from the side of Sharia or Islamic law, therefore this study intends to help understand the phenomena that occur in the community and draw conclusions from what has been obtained from field monitoring. The question that the author wants to answer from this research is the mechanism of seasonal debt according to Islam that occurred in Pelang Kenidai Village, Dempo Tengah District, Pagar Alam City. The method that the author uses in this research is Field Research. The data that the author uses is primary data, namely data obtained through existing data in the field or data directly obtained from correspondents. The author analyzed the data using quantitative descriptive methods. The result that the author got is that the practice of debt this season has several things that are in line with and not in line with Islamic law, one example is at the time of the initial contract it must get the approval of both parties and what is not in line is the interest on the loan which has no basis and is only a the customs of the surrounding community so that Al Urf or the rules Al-Adatu Muhakkamah apply in this subject. Keywords: Seasonal Debt, Islamic Law, Customs.

POLIGAMI DALAM KURUN WAKTU SATU HARI DITINJAU DARI UNDANG-UNDANG PERKAWINAN DAN HUKUM ISLAM Amri Wahyudi
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Abstract In today's era the spread of information is very fast and wide, we can get information about events that occur in other parts of the world in Indonesia so quickly, this is the impact of advances in technology and information. Recently, we were shocked by the news about the marriage of a man with two women at the same time in Saling sub-district, Empat Lawang district, South Sumatra district. Judging from Law No. 1 of 1974 concerning marriage, of course polygamy in a period of less than one week is carried out, because there are conditions that polygamy must obtain permission from the Court, while the process to obtain such a permit would take a long time so it can be ascertained that polygamy that is carried out within one day cannot be done and if it is done then the polygamy is not recorded or illegal. Whereas in Islamic law polygamy can be done within one day and is valid with a record of the pillars and the conditions are met. Keywords: Polygamy, Marriage, Islamic Law

AL-FUQAHA’ AL- SAB’AH; KEUNIKAN MANHAJ IJTIHAD DAN PENGARUHNYA TERHADAP THURUQ AL-ISTINBATH IMAM MALIK Rahmat Hidayat
Muqaranah Vol 5 No 2 (2021): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v5i2.16934

This article discusses the uniqueness of manhaj ijtihad al-fuqaha' al-sab'ah and its influence on Imam Malik's thuruq al-istinbath. Al-fuqaha' al-sab'ah are seven scholars of the tabi'in period who are even considered the pioneers of the Ahlu Hadith Madrasa. However, it turns out that their manhaj ijtihad is somewhat different from most ahl al hadith scholars. How is the uniqueness of manhaj ijtihad al-fuqaha' al-sab'ah, and its influence on Imam Malik's thuruq al-istinbath becomes a research question in this paper. The results showed that al-fuqaha' al-sab'ah still does not leave the characteristics of the ahl al-hadith scholars who adhere to the zahir al-Qur'an, the Sunnah of the Prophet, qaulu companions, and ijma' ahl Medina. When they don't find answers to problems, they use ra'yu. The use of ra'yu is accompanied by the use of the ijtihad method commonly used by ahl al-ra'yi scholars. This is where the "uniqueness" of al-fuqaha' al-sab'ah lies. Several methods of ijtihad used by al-Fuqaha' al-Sab'ah such as prioritizing zahir al-Qur'an, amal ahlu medina, ijma' madinah scholars, and prioritizing qaulu shohabi over ijma' and qiyas apparently were adopted by Imam Malik as part of his thuruq al-istinbath. Keywords: al-fuqaha’ al-sab’ah, manhaj ijtihad, Imam Malik

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Andriyani

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andriyani_uin@radenfatah.ac.id

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+6282373800766

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Jl. Prof. KH. Zainal Abidin Fikri KM. 3.5 Palembang, Indonesia

Location
Kota palembang,

Sumatera selatan

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Andriyani

Contact Email andriyani_uin@radenfatah.ac.id

Phone +6282373800766

Journal Mail Official muqaranah@radenfatah.ac.id

Editorial Address Jl. Prof. KH. Zainal Abidin Fikri KM. 3.5 Palembang, Indonesia

Location Kota palembang, Sumatera selatan INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Andriyani

Contact Email
andriyani_uin@radenfatah.ac.id

Phone
+6282373800766

Journal Mail Official
muqaranah@radenfatah.ac.id

Editorial Address
Jl. Prof. KH. Zainal Abidin Fikri KM. 3.5 Palembang, Indonesia

Location
Kota palembang,

Sumatera selatan

INDONESIA