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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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Studi Komparatif Terhadap Hukum Penyucian Kulit Bangkai Dengan Cara Disamak Menurut Ibnu Qudamah Al-Maqdisi dan Imam Asy-Syaukani Siti Nuryana; Legawan Isa; Ikhwan Fikri
Muqaranah Vol 7 No 1 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i1.17199

Abstract

This article discusses the law on the utilization of animal carcass skins after going through the tanning process. The main issues to be analyzed are: the views of Ibn Qudamah Al-Maqdisi and Imam Asy Syaukani regarding the law of purifying carcass skins by tanning; the similarities and differences of opinions regarding purifying carcass skins by tanning according to Ibn Qudamah Al-Maqdisi and Imam Asy-Syaukani. The purpose of this study is to find out the views of Ibn Qudamah Al-Maqdisi and Imam Asy Syaukani and the similarities and differences regarding the law of purifying animal carcasses by tanning them. This research uses the type of research Library Research, with qualitative research methods. In data collection techniques, the author uses secondary data, namely the book Al-Mughni Volume 1 by Ibnu Qudamah Al-Maqdisi and the book Nailul Authar Volume 1 by Imam Asy-Syaukani then these data will be compared descriptively comparatively. After going through a comparative analysis process, that the views of Ibn Qudamah Al-Maqdisi and Imam Asy-Syaukani have different views regarding the purity of animal carcass skins after being tanned, according to Ibn Qudamah Al-Maqdisi, animal carcass skins both after and before being tanned cannot become holy so they cannot be the skin is used, while Imam Asy-Syaukani believes that after going through the tanning process, the carcass skin can become holy and its uses can be utilized.
Pandangan Tokoh Organisasi Keislaman Terhadap Fatwa MUI Tentang Shalat Berjamaan Masa Pandemi Covid-19 Nurul Hijrah; Syaiful Aziz
Muqaranah Vol 7 No 1 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i1.17336

Abstract

MUI Fatwa No 14 of 2020 states that pilgrims must wear masks covering their mouths and noses in order to avoid air contact between one congregation and another congregation. This has elicited a different reaction from the people of South Sumatra, especially Palembang, because the procedures for congregational prayers that have been carried out by Muslims so far refer to the Shari'a that has been established by Islam, namely in accordance with the procedures taught by the Prophet Muhammad. This research is a type of empirical normative research. The type of research method used by the author is the combination of the two elements, namely examining through a product analysis approach that tends to be perspective. The type of data used in this research is qualitative, while the data source uses two sources, namely primary data sources and secondary data sources. The results of the study concluded that the South Sumatran Indonesian Islamic Da'wah Council expressed an opinion that maintaining distance in congregational prayers is haram because it has exceeded the limit, unless it is in accordance with the Shari'a. The South Sumatra Indonesian Islamic Propagation Council and the Muhamadiyah Regional Leaders implemented MUI Fatwa No. 14 of 2020 concerning Organizing Worship during the Covid-19 Outbreak.
Kedudukan Laporan Akhir Hasil Pemeriksaan (LAHP) Ombudsman Ditinjau Dari Fiqih Siyasah dan Undang-Undang Imam Thohari
Muqaranah Vol 7 No 1 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i1.18002

Abstract

Maladministration cases that often occur can harm a number of people. Therefore, it is necessary to have an agency that specifically accepts reports on these matters, namely the Ombudsman of the Republic of Indonesia. In the process, the report will be concluded in the Final Examination Results Report (LAHP) regarding whether or not the case is proven. This study aims to examine the position of the Final Examination Report Report (LAHP) in the Siyasah Fiqh and Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. The formulation of the problem is how is the Position of the Ombudsman Final Examination Report (LAHP) in terms of Fiqh Siyasah and Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia? The type of research used in this study is empirical. While the approach used in this study is the Sociological Legal Approach (Sociological Juridical). This research was conducted through interviews and study of documents, files and annual reports as well as books and other related documents. The research location is the Ombudsman Representative of South Sumatra. The results of the study concluded that first, in terms of the Fiqh Siyasah Ombudsman, it is included in the Wilayatul Hisbah which is obliged to uphold 'Amr Ma'ruf Nahi Munkar among public service providers. Second, the position of the LAHP in review based on the law has been recognized by the state and must be carried out by the reported party or the reported superior based on the hierarchy of laws in force in Indonesia.
Pembagian Harta Waris Menurut Kebiasaan Masyarakat Desa Sanding Marga Perspektif Hukum Waris Islam dan KUHPerdata Medi Sandira; Siti Rochmiyatun; Yusida Fitriyati
Muqaranah Vol 7 No 1 (2023): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v7i1.18401

Abstract

Indonesian people have their own habits regarding the distribution of inheritance, such as those in the Sanding Marga Village community. The people of this village do not carry out inheritance distribution as determined by Islamic law. Thus, this study aims to examine the distribution of inheritance in the Sanding Marga village community in the perspective of Islamic inheritance law and civil law. The problem in this research is how to analyze Islamic inheritance law and civil law on the habit of dividing inheritance in the people of Sanding Marga Village. This research is a field research with locations in Sanding Marga Village. Primary data and secondary data are used together in this study. The data that has been collected was analyzed descriptively qualitatively. The results of the study found that the Sanding Marga village community distributed inheritance in a kinship manner by way of deliberation. Inheritance is divided equally by both women and men. Distribution of inheritance like this is not prohibited in Islamic inheritance law as long as it is done peacefully and does not cause disputes. According to civil law, this is also not prohibited.
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.

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