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INDONESIA
COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : -     EISSN : 27748111     DOI : https://doi.org/10.24239/comparativa
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Comparativa is a Mazhab and Law Comparison journal which provide immediate open access as an effort to disseminate research results that focus on Comparativa Journal study includes (but is not limited to): Islamic Law and Comparison School of Law in terms of Islamic Law and Positive Law. Comparativa is a semi-annual journal issued on June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2020)" : 5 Documents clear
IJMA’ SEBAGAI PENYATUAN PERBEDAAN AWAL BULAN QAMARIAH Ahmad Fadholi
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 1 No. 1 (2020)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.855 KB) | DOI: 10.24239/comparativa.v1i1.1

Abstract

The teachings of Islam can be understood, because Islam brought by Prophet Muhammad pbuh. at 14 centuries ago, who was sent to convey Islamic teachings with the holy book, al-Qur’an as the principal teachings of Islam. While the second source is as-Sunnah. Both of them, al-Quran and as-Sunnah, are the principal source of Islamic teachings. Along with the times increasingly complex, the problems in people's lives are more and more undiscovered in these two sources. it is necessary for an ijtihad to finish its problems by way of ijma 'as a method of solving problems of religion. Ijma 'itself is an agreement of the mujtahid at some time after Prophet Muhammad on a syar'i law about a particular event. Events of the law faced by Muslims did’n stop by the death of the Prophet Muhammad pbuh. This problem, both in types and quality, is always developed according with evolution of time. Therefore, alternatives taken to determine the laws of any event are through ijtihad and make decisions together. That joint decision is called ijma ' and is the third argument agreed by sholars to be sources of law. Then by agreement as a third source of law, it have power in the Islamic legal system. The power of ijma' has been suggested by the Prophet in a hadith "La tajtami'u ummati' ala al-dhallah".
TERORISME DITINJAU DARI PERSPEKTIF HUKUM PIDANA ISLAM (FIQIH JINAYAH) Zulkifli Zulkifli; Muh. Syarif Hasyim; Hamiyuddin Hamiyuddin
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 1 No. 1 (2020)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.258 KB) | DOI: 10.24239/comparativa.v1i1.2

Abstract

The discussion in this research is terrorism from the perspective of Islamic criminal law (fiqih jinayah). The problem that becomes the focus of research is how terrorism is in the review of Islamic criminal law or jinnayah fiqh. Qualitative research, the source of which is library research, is the method used in research. There are two kinds of data sources in this research, namely primary and secondary data sources, while the data collection and analysis uses literature review research. The data were analyzed using the Islamic criminal law theory approach. So as a result of this research that acts of terrorism are not justified in Islamic teachings. The birth of this action is because the perpetrators have shallow thoughts or have very minimal thoughts and have political goals to harm themselves and others. They even consider this act as Jihad, even though in fact it is not a jihad but an act that brings fear to potential victims.
TINJAUAN YURIDIS SANKSI ADAT KAILI RAI TERHADAP PELAKU PELECEHAN SEKSUAL: (Studi Kasus di Desa Lende Kecamatan Sirenja) Moh. Ansar; Suhri Hanafi; Sitti Nurkhaerah; Wahyuni Wahyuni; Taufan B.
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 1 No. 1 (2020)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (260.922 KB) | DOI: 10.24239/comparativa.v1i1.3

Abstract

The problem of how castration sanctions for perpetrators of crimes of sexual violence against children in the perspective of positive law in Indonesia and how Islamic criminal law views castration as a sanction are the focus of the problem in this study. The research method consists of the type of research, data and data sources, data collection techniques and data analysis techniques using a qualitative research approach. Then, as a result of the research, there are differences in Islamic law among scholars regarding the punishment of castration Law Number 17 of 2016 Regarding the stipulation of PERPU Number 1 of 2016 Second Amendment to Law Number 23 Year 2002 Concerning Child Protection Becomes Law against perpetrators of sexual crimes against children, and Islamic law has stipulated penalties for perpetrators of sexual crimes in detail of the facts of their actions, so they cannot (haram) carry out the type of castration punishment in accordance with the argument, namely the hadith of the Prophet Muhammad saw., which prohibits his companions from being castrated.
PERCERAIAN DI LUAR PENGADILAN MENURUT TINJAUAN HUKUM ISLAM: (Studi Kasus Di Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu Provinsi Sulawesi Barat) Nurfaradillah AS; Muh. Syarif Hasyim; Sitti Nurkhaerah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 1 No. 1 (2020)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.197 KB) | DOI: 10.24239/comparativa.v1i1.4

Abstract

The discussion in this research is divorce outside the court according to the study of Islamic law in Desa Lariang Kecamatan Tikke Raya Kabupaten Pasangkayu. The basis for this research is that divorce outside the court is contrary to the laws enacted in Indonesia, namely: Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law.So that the research will use a qualitative research approach, with the research design used is a single case study design in research. According to a review of Islamic law, divorce that occurs outside the court in Lariang Village is legal. However, when viewed in Law Number 1 of 1974 concerning Marriage and Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law (positive Islamic law) this is invalid.
PANDANGAN HUKUM ISLAM TERHADAP ADAT TOPO SALIA DI DESA MANINILI BARAT KECAMATAN TINOMBO SELATAN KABUPATEN PARIGI MOUTONG Nizrah Nizrah; Nasaruddin Nasaruddin; Hamiyuddin Hamiyuddin
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 1 No. 1 (2020)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (237.647 KB) | DOI: 10.24239/comparativa.v1i1.5

Abstract

This research has a problem that how is the implementation of the topo salia custom in Desa Maninili Barat, Kecamatan Tinombo Selatan, Kabupaten Parigi Moutong, and what is the view of Islamic law on the topo salia custom. The research method used is a qualitative method that describes field research. In the data collection technique, the writer used the method of observation and direct interviews with informants, namely the village head and several religious figures as well as documentation. Then, the results of the research found that first the topo salia custom is a ritual that is carried out in the month of Rabiul Awal to commemorate the birthday of the Prophet Muhammad. namely on the 12th of Rabiul Awal, this tradition was carried out with the aim of rejecting calamities and making their children live and cultured. Second, according to the view of traditional Islamic law, topo salia does not contradict Islamic law because it contains Islamic values, such as deliberation, mutual cooperation, strengthening friendship, and a form of gratitude to Allah swt.

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