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Muqaranah
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
 1 
Search results for , issue "Vol 7 No 2 (2023): Muqaranah" : 8 Documents clear
Perbandingan Peran Dewan Pengawas Syariah Pada Perbankan Syariah di Indonesia dan Brunei Darussalam Damayanti, Elsa Resti; Januri, Fauzan; Jaenudin, Jaenudin
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.13037

Abstract

This study theoretically examines the role of the sharia board in supervising sharia banks, especially the responsibilities and authority of its members. Furthermore, this paper examines whether the proportion of responsibility and authority is balanced or not. This is achieved by comparing the role of the sharia council in Indonesia with the role of the sharia council in Brunei Darussalam. This research is qualitative research with a comparative approach model. From the results of the study it was stated that Countries in the Southeast Asia region adopt a centralized Sharia governance model. The comparison is based on criteria such as: appointment, qualifications, process flow, governance and legislation. There is no significant difference in the role of the sharia supervisory board in both Indonesia and Brunei. The biggest difference between the two countries lies in the presence and absence of a special sharia governance system for sharia financial institutions. It can be said that Brunei and Indonesia from the legal framework will continue to experience development towards a better direction. The most important thing is that whatever type of regulations are set by the central bank, financial institutions must be willing to follow them.
Analisis Sumber Pembentukan Qawa’id Al-Ahkam Beserta Sejarah Perkembangannya Nasrulloh, Adang Muhamad
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.18874

Abstract

This article is motivated by the existence of qawa'id al-ahkam as part of the method used in determining and determining a law from contemporary problems in the field of fiqh worship, as well as muamalah. The study focuses on the sources taken by the scholars in determining the rules, as well as the history of its development. knowing this, a Muslim thinker can observe and understand the process of forming these rules. Literature study with descriptive analysis approach as a research method. Primary and secondary sources are obtained from books, journals, and papers. The results showed that Qawa'id al-ahkam is a product of ijtihad sourced from the Qur'an, hadith and ijma' shabat, and is a generalization of fiqh themes spread among the imams of the madhhab, starting from the source then giving birth to rules then giving birth to branch rules on each main rule. The history of development starts from the period of the Prophet Muhammad, companions, tabi'in and tabi'ut tabi'in, development and opening, and progress.
Tradisi Minjung Di Desa Tanjung Pura Dalam Perspektif Hukum Adat dan Hukum Islam Alfarisi, Sulthan Arfan; Zailia, Siti; Isa, Legawan
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.19435

Abstract

The "minjung" tradition is one of the beliefs of the people of Tanjung Pura village, Pengandonan subdistrict, Ogan Komering Ulu (OKU) district. Meanwhile, according to the term "minjung" tradition is serving food out of gratitude for achieving the goal and praying for the spirits of deceased ancestors. The community usually carries out this minjung tradition, namely after the rice harvest, before weddings and before Eid al-Fitr. Then, to examine the research, we carried out investigations through field observations and interviews with several sources. From this research it can be concluded that the procedures for implementing the minjung tradition are providing dishes in the form of food before carrying out the tradition, reading Surah al-Fatihah, continuing to read Surah Al-Ikhlas, Surah Al-falaq, Surah An-Nas, Surah Al-Baqarah 1-5, And continued praying. According to Customary Law, the implementation of this tradition must be carried out because people believe that if it is not implemented, undesirable things will happen, whereas according to Islamic Law, if the food served is used as an offering to the spirits of ancestors/ancestors, then it is Urf fasid, that is, it is not permitted by law. It is Haram, and if the food is served as a form of gratitude to Allah for what has been achieved and so that the future will be even better, then Urf Sahih applies, that is, it is permissible, then the law is Sunnah.
Pembagian Hak Harta Waris Bagi Bayi dalam Kandungan (Perbandingan Mazhab Syafi’i dan Mazhab Hambali) Mustofa, Heva Derika; Imron, M Zuhdi; Gibtiah, Gibtiah
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.19543

Abstract

A baby who is still in the womb is an heir who has the right to inherit inheritance, so in implementing the division of inheritance, there are problems in itself because there is no certainty regarding the baby being born whether the baby was born alive or dead, whether the gender is male or female, and born alone or twins. Therefore, this article will examine the determination of inheritance rights for unborn babies from the perspective of the Shafi'i school of thought and the Hanbali school of thought. The aim of this research is to determine the position of inheritance rights for unborn babies from the perspective of the Shafi'i school of thought and the Hambali school of thought. The method used in this research is library research, namely searching for data through existing literature and then drawing conclusions to answer the problems that have been formulated. The results of this research conclude that determining the inheritance rights of unborn babies according to the Syafi'i school of thought should be postponed until the baby is born. According to the Hambali school of thought, inheritance can be given to heirs without having to wait for the birth of the baby. by setting aside a portion of the inheritance of the baby in the womb (deferred) for two boys or two girls with presumptive twins
Tinjauan Hukum Pidana Islam dan Pasal 44 Kitab Undang-undang Hukum Pidana Terhadap Pelaku Pencurian Pengidap Kleptomania (Studi Putusan Nomor : 32/Pid.B/2018/PN.Kpg) Fikri, Ikhwan; Fathimah, Ema; Tiara, Bunga Putri
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.19553

Abstract

One of the cases that needs to be anticipated and followed up in criminal cases is theft, which often disturbs the public. An example is the case of a criminal act of theft committed by a kleptomania sufferer by a housewife who lives in Kupang City in 2017. This research discusses the analysis of jinayah fiqh or Islamic criminal law and positive law on the application of criminal sanctions for theft based on KUPANG District Court Decision Number 32/Pid.B/2018/PN Kpg. The research method used by researchers is a normative research method which is carried out by examining laws and regulations that are directly related to the crime of theft. The results of the research that have been studied by researchers are that according to article 44 paragraph of the Criminal Code concerning the responsibility of perpetrators of criminal acts of theft who experience mental disabilities such as sufferers of kleptomania, the judge has the authority to decide on an order and send the perpetrator of the crime to a mental hospital for the longest possible time. one year, while the crime of theft by a person suffering from kleptomania according to Islamic law is not subject to a had sentence but rather a ta'zir punishment as ta'dib or teaching in the form of a rehabilitation sentence and a fine which is accountable to the victim.
Pemanfaatan Sawah Warisan Secara Bergilir Menurut Hukum Islam dan Hukum Adat Endry, Endry; Torik, Muhammad; Purnomo, Bitoh
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.19581

Abstract

The use of inherited rice fields in rotation is in accordance with customary inheritance law and article 189 KHI, namely using collective principles. This is not in accordance with the individual principle in Islamic inheritance law. One reason is that in the collective system there is a delay in the distribution of inherited assets. This has the potential to cause conflict. The formulation of the problem in this research is how to implement the use of heritage rice fields in rotation among the Mayapati Village community. The aim of the research is to examine through Islamic law and customary law the rotational use of inherited rice fields in the Mayapati Village community. The type of research is field research with data collection through interviews, observation and documentation. This research is also normative legal research with a qualitative approach, namely data obtained through library materials such as books, documents or statutory regulations related to the problems that occur. Descriptive in nature, that is, the problem is formulated according to the facts that occurred. According to customary law, inherited rice fields are used in rotation according to a collective system. According to the view of Islamic law, inheritance should be divided based on the parts regulated in the text. Referring to the Compilation of Islamic Law, the rotational use of inherited rice fields which is in accordance with Islamic Law is only inherited collectively, in accordance with property rights in Islamic law, namely ownership for the benefit only or haqqul intifa', while the rotational use of rice fields is not in accordance with work regulations. with muzara'ah.
Kepemilikan Benda Wakaf dan Akibat Hukumnya: Kajian Pendapat Ulama Mazhab Hidayat, Rahmat
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.20046

Abstract

This article explained the differences of scholarly opinion regarding the ownership of waqf objects and their legal consequences. Where the object that has been entrusted is disputed by the scholars of the madhab its ownership status, it is still in the hands of the wakif or has moved to another party. The research method used library research and normative legal research with data collected from sunny school jurisprudence books and related books and articles. The data were analyzed comparatively. The results showed that Hanafi and Maliki scholars argued that the waqf object still belonged to the wakif, but the difference was if Hanafiyah allowed the wakif to withdraw the object that had been waqf, while Malikiyah did not allow it until the waqf period expired. Shafi'iyah and Hanabilah scholars argue that the object of waqf has come out of the ownership of the wakif to belong to Allah. The legal implication is that scholars differ in opinion about the istibdal waqf as a continuation of their differences in determining the owner of the waqf object. In addition, they also differ on term endowments, which of the four sunny schools, only Malikiyah allows it. Keywords: Istibdal; Possession; Scholars of the madhab; Waqf.
Penyamaan Batas Usia Minimum Perkawinan dalam Undang-undang Perkawinan: Analisis Maqāṣid Syarīʻah ʻAbd Allāh ibn Bayyah Aini, Qurrotul; Ludfi, Ludfi
Muqaranah Vol 7 No 2 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i2.20722

Abstract

This research wants to describe and analyze the provisions on the same minimum age for marriage in UU/16/2019 in terms of the maqāṣid syarīʻah ʻAbd Allāh ibn Bayyah, one of the contemporary and famous ulama, especially in Europe, with his ijtihad method which relies on reality jurisprudence. The discussion concentrates on the maṣlaḥah aspects of these provisions and exploring the concept of maqāṣid syarīʻah ʻAbd Allāh ibn Bayyah and its relevance to these provisions. This research is a type of library research using a content analysis approach. The data collection technique is in the form of documentation which consists of three steps: data inventory, data classification and data evaluation which was analyzed descriptively. The results of the research show: first, philosophically and sociologically the provisions on the same minimum age for marriage in UU/16/2019 have met the maṣlaḥah benchmarks in the aspects of ḥifẓ an-nafs and ḥifẓ an-nasl which are at the ḍarūriyah level. Second, Ibn Bayyah's concept of maqāṣid syarī'ah is a form of revitalization of maqāṣid syarī'ah side by side with uṣūl fiqh in an integrative manner through exploring law that works systemically by emphasizing the integration of three legal aspects: an-nuṣūṣ asy-syarī'ah (texts religious); al-wāqi' (social reality); and maqāṣid (spirit of law), thus placing Ibn Bayyah's concept of maqāṣid sharī'ah based on reality fiqh which combines the laws of Islamic shari'ah and the demands of the times. In Ibn Bayyah's perspective, the provisions on equal minimum marriage age limits in UU/16/2019 have fulfilled the maqāṣid syarī'ah element by avoiding mafāsid (difficulties) through an-Naẓar ila al-Ma'ālat (paying attention to future consequences) in the context of family law in the aspect of caring for the soul and offspring is at the ḍarūriyah level which stands firmly based on the principle of public benefit which covers all levels of society.

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