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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 62 Documents
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Maslahah Perspective on Husband Nusyuz in Islamic Law and Positive Law In Indonesia Jayusman Jayusman; Shafra Shafra; Rahmat Hidayat; Efrinaldi Efrinaldi; Badarudin Badarudin
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.11164

Abstract

Abstract: The Qur'an reviews the husband's nusyuz as contained in the letter an-Nisa/4 verse 128. The jurisprudence and positive law literature in Indonesia do not specifically discuss the husband's nusyuz. The discussion is only limited to the wife's nusyuz. This study focuses on the analysis of the husband's maslahah nusyuz in Islamic law and positive law. The conclusions of this study are: Nusyuz’s husband is not fulfilling the rights of the wife or not carrying out the obligations of the husband. The discourse on Islamic law and positive law only focuses on discussing the wife's nusyuz. Nusyuz's husband was resolved in a familial way. If it is considered to bring benefit to both of them, then they can return to living their domestic life. However, if reuniting them does not bring any benefit, then they can file for divorce.
Pandangan Ulama Mazhab (Fuqaha) terhadap Akad Mudharabah dalam Ilmu Fikih dan Penerapannya dalam Perbankan Syariah Dena Ayu; Mursal Mursal; Doli Witro
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.11676

Abstract

Abstract: This paper discusses fuqaha's view of the mudharabah system in fiqh and Islamic banking. This discussion is critical because the mudharabah contract is one of the contracts that can help the community in conducting economic transactions through Islamic banking. This article aims to oversee the mudharabah contract in fiqh and the mudharabah system in Islamic banking. The research method used is the library research method. The research data used is qualitative. The collection is carried out from several sources for reference, such as books, both online and in print, scientific articles downloaded from journals, fatwas from the National Sharia Council of the Indonesian Ulama Council (DSN-MUI), regulations from the Financial Services Authority (OJK) and other data sources. Data analysis techniques used are data condensation, data presentation, and concluding. The results of the analysis show that the mudharabah contract, according to the majority of Fuqaha, is a contract made by two parties who interact with each other, and one of them becomes the investor and surrenders his assets to share/manage, and the profits will be divided according to what has been determined. In Islamic banking, the mudharabah contract is divided into two forms: a system and a product.
Pernikahan Paksa Gadis Dibawah Umur oleh Wali Perspektif Ulama dan Keempat Madzhab Mohamad Faisal Aulia; Amin Mukrimun
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.11737

Abstract

Abstract: Marriage is one of the themes that gets great attention in Islam because it involves the goals in one of Al-Dharuriyyat Al-Khomsah in Maqashid Al-Shari'ah, namely Hifzh Al-Nasl (keeping offspring). To obtain an accurate and relevant data to the problem under study, the authors use a normative legal research methodology with a library research approach that uses library materials. The results of the discussion show that some scholars are of the opinion that girls are still small and immature so that they cannot make a decision, so in the context of the benefit of the Shari'a it is permissible to marry them; that the girl who has not been able to make a decision then the guardians who have full power to marry her for the benefit of herself based on the rules of the Shari'a in order to avoid damage. The second opinion says that it is not permissible to force a girl to get married, but to wait until she is an adult and her permission can be asked for marriage.
Kedudukan Sertifikat Sebagai Alat Bukti Yang Kuat Menurut Hukum Positif dan Hukum Islam Shely Melynia; Ema Fathimah; Gibtiah Gibtiah
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.12253

Abstract

Abstract: This article aims to understand the position of certificates as legal evidence according to Law Number 5 of 1960 article 19 paragraph (2) letter c and Islamic law. The method used by the author in this article is a normative legal research method. The approach method used is a comparative approach. The data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the certificate in the view of Islamic Law is proof and a strong certainty for the certificate holder itself. Meanwhile, according to Law Number 5 of 1960 Article 19 paragraph (2) letter c, certificates are very strong for proof before a court as long as there is no evidence to prove that the certificate is not true or false, both from physical data and juridical data. The similarity of the two laws is that the certificate must be issued from the local land office and known or signed by the official who made the deed or land certificate. And also in the certificate must include physical data and juridical data to obtain certainty and be recognized by the court as long as there is no evidence to the contrary.
Prosedur dan Syarat Poligami di Indonesia dan Malaysia Siti Nor Aishah; Siti Zailia; Armasito Armasito
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.12254

Abstract

Abstract: This research aims to examine the requirements for polygamy in Indonesia and Malaysia. As it is known that Indonesia and Malaysia can be said to be Islamic countries. The author uses a normative legal research method with a comparative approach. It is said to be normative legal research because this paper examines statutory regulations. A comparative approach is used because this study intends to examine the comparison between the rules of polygamy in Indonesia and Malaysia. The results of the study show that there are similarities between Indonesia and Malaysia regarding polygamy, namely that both must obtain a permit issued by the court. The difference lies in the permission of the first wife. The conditions for polygamy in Indonesia must have permission from the first wife, while in Malaysia there is no need for permission from the first wife, but it is sufficient at the discretion of the judge. Thus, it can be concluded that marriages with more than one wife, both in Indonesia and Malaysia, are considered legal and legally recognized by the state if the marriage obtains permission from the court.
Penetapan Konsep Adil Dalam Berpoligami Menurut Hukum Islam dan Hukum Adat Nur Ainah; Legawan Isa; Bitoh Purnomo
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.12257

Abstract

Abstract: This article aims to understand the concept of fairness in polygamy in terms of customary law in Bangun Sari Village, Tanjung Lago District and in terms of Islamic law. This research was motivated by a controversial issue whose debate gave birth to various opinions, especially on the concept of justice as the main requirement in polygamy. In Islamic law and positive law there is no prohibition against polygamy. However, it must go through rules or procedures and applicable legal rules as well as with reasons that can be used as arguments for polygamy. The approach method in this writing is to use a comparative approach. Data was collected by means of interviews and documentation. Data were analyzed descriptively qualitatively. The results of this study state that the application of the concept of fairness in polygamy according to customary law in Bangun Sari Village, Tanjung Lago District is different from Islamic law, namely that polygamy is allowed by traditional leaders who do not have male offspring. The practice of polygamy in Bangun Sari Village, Tanjung Lago District was concluded not to be in accordance with Islamic law.
RETRACTED: Kesesuaian Fiqih Talak Syi’ah Imamiyyah dengan Aturan Perkawinan Di Indonesia Thoriq Ulumuddin; M. Habibi
Muqaranah Vol 6 No 1 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i1.12264

Abstract

Abstract: One of Laws of Marriage in Indonesia is regulated by Presidential Instruction No.1 in 1991 regarding Islamic Law Compilation (KHI) where it does not fully agree with opinions of the scholar (‘Ulama) of Madzhab al-Arba'ah Sunni as contained in articles 115, 129, 130 and 134 because these articles have never been found in view of Madzhab al -Arba'ah Sunni and even tends to be counter. Therefore, many religious institutions or Islamic organizations have issued "fatwa" regarding the fall of divorce outside Court. This has led to the need for new efforts to explore Law of Divorce outside Madzhab al-Arba'ah Sunni. The study aims to determine how concept of Fiqh Talak Syi'ah Imamiyyah, concept of Talak in Islamic Law Compilation, and its relevance to rules of marriage. This research is a qualitative research using a statutory approach or a juridical approach and a comparative approach with the library research method. The results showed that there were similarities and differences. similarities such as from the political aspect, the aspect of making it difficult for divorce, the aspect of the fall of divorce and witnessing in the divorce. while differences such as from the aspect of taking legal sources and differences in defining divorce. so that the validity of divorce in the Indonesian marriage law and its practice in court is beyond doubt..
Supporting Factors for the Spread of the Hanafi School throughout the World Meirison Meirison; Testru Hendra
Muqaranah Vol 6 No 2 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i2.14193

Abstract

Abstract: The doctrine of Abu Hanifa has spread in the country since Abu Yusuf empowered him after assuming the position of judge of judges in the Abbasid state. It was the official doctrine of it, in addition to the philosophy of Malik in the Hijaz. The Hanafi school became the only official school of thought when Malik died. It spread in Iraq and its east from the countries of the Persians: Persia and Beyond the River (Turkistan), Afghanistan, and India. It was also the official doctrine of many Levantine countries, such as the Seljuk State, the Gharnawi State, and the Ottoman State. Then they began to push people to embrace its doctrine until it became the most prominent Islamic school of thought with followers among Muslims due to the length of the rule of the Ottoman Empire, which spanned about seven centuries. Instead, they even imposed the recitation of Hafs on the authority of Asim, instead of the recitations that are widespread in the Islamic world (especially the recitation of al-Dawri), just because Abu Hanifa used to recite it! The Turks spread their doctrine in eastern Europe, Iraq, and northern Syria, but they failed to impose it in areas far from their influence, such as the island and Africa.
Praktek Cerai Rujuk di Desa Pedamaran Menurut Hukum Islam dan Hukum Positif Lestari Lestari; Siti Zailia; Legawan Isa
Muqaranah Vol 6 No 2 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i2.14545

Abstract

Referral divorce practices must be carried out in the Religious Courts. However, there are still many people who divorce and reconcile without involving the Religious Courts, as is often done by people in Pedamaran Village, Pedamaran District, Ogan Komering Ilir Regency, South Sumatra. Therefore, this research wants to know about the implementation of the divorce practice in Pedamaran Village which will be studied in terms of Islamic law and applicable legislation. The aim of the research is to find out how the study of Islamic law and legislation regarding the practice of divorce is referred to in Pedamaran Village. This type of research is field research, meaning that this research is carried out directly on the research object to obtain complete data. The data collection techniques in this study were carried out using observation, interview and documentation techniques. The approach method uses the comparative method. The results of the study show that the practice of referral divorce carried out by the Pedamaran village community is in accordance with Islamic law, so that the practice of referral divorce is legal. However, according to Law Number 16 of 2019, the practice of divorce and reconciliation in Pedamaran Village is illegal, because the divorce was not carried out at the Religious Court and reconciliation was not carried out in front of the marriage registrar. This shows that there are still many people who have not complied with the applicable laws and regulations, so it is necessary to hold socialization so that people are aware of the law.
Perbandingan Antara Peraturan Komisi Pemilihan Umum dan Qonun Aceh Dalam Mengatur Syarat Menjadi Anggota Legislatif Rahmaniar Rahmaniar; M. Tamudin; Gibtiah Gibtiah
Muqaranah Vol 6 No 2 (2022): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v6i2.14546

Abstract

There are many things that must be fulfilled by members of the legislature, bearing in mind that the task of a representative of the people is not only to represent the people but he must be able to act wisely, fairly, and be able to carry out his duties according to the duties and functions of the members of the legislature itself. Therefore, this research will conduct a review of the requirements for candidates for legislative members in the General Election Commission Regulation (PKPU) No. 20 of 2018 and Aceh Qanun No. 3 of 2008. The purpose of this research is to examine the comparison between PKPU No. 20 of 2018 and Aceh Qanun No. 3 of 2008 in regulating the requirements for candidates for members of the legislature. The type of research used in this study is a type of normative legal research using library research. A comparative approach is used to examine the comparison between the two rules. The results of the study concluded that PKPU is a regulation that is comprehensive, binding, and must be obeyed by all Indonesian citizens regardless of their knowledge and abilities in the field of religion. Meanwhile, the Aceh Qanun is a type of regulation that is binding and must be obeyed by all the people of Aceh. The Aceh Qanun views that having extensive religious knowledge and ability is the most important requirement for anyone who will become a representative of the people.

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