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Randy Atma R. Massi
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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
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Search results for , issue "Vol. 3 No. 1 (2022)" : 5 Documents clear
PERBEDAAN FATWA DAN QADA SERTA IMPLEMENTASINYA DI INDONESIA Andi Muh. Taqiyuddin BN; Abdul Syatar
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v3i1.23

Abstract

The purpose of this research is to explain the meaning of Fatwa and Qada, how are the similarities and differences between fatwa and qada and their implementation in Indonesia, and to explain how the wisdom of fatwa and qada is. This research is qualitative, the type of research is library research and uses phenomenological and normative approaches. The results showed that; 1) The word fatwa comes from Arabic, which means the answer to what is the problem of syarak or legislation. The word Qada comes from Arabic, which means law and determination. It can be understood that the meaning of a fatwa in the term is the answer to the explanation of the mufti regarding religious questions or problems asked by someone or mustafti. The meaning of Qada in terms is a legal decision from qadi regarding cases or events based on arguments and evidence through mechanisms, the scope of qada is limited and is binding and obligatory. 2) The brief similarity of both of them is both legal products and determined based on the Quran and Hadith. First, the fundamental difference between the two is that fatwas are not binding while qada is binding/force. Second, that the scope of coverage of fatwas is wider than qada. Fatwa application in Indonesia is more dominant than qada. 3) The honesty of Fatwa and Qada can be seen from the existence of the arguments which make it conducive, it is the arguments that position the fatwa and Qada as two legal matters as part of Islamic law, especially Islamic justice.
PEMIKIRAN HUKUM ISLAM PADA MASA KHULAFAUR RASYIDIN : (Cikal Bakal dan Perkembangannya) Ummu Awaliah; Indo Santalia
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v3i1.24

Abstract

This study aims to describe the forerunner of Islamic legal thought during the Khulafaur rasyidin era and to explain the development of Islamic legal thought during the Khulafaurrasydin era. This research is qualitative; the type of research is library research and uses a historical approach. The data collection method used is a literature study. The results showed that; 1) It can be understood that the Ansar were the forerunners of the birth of Islamic legal thought regarding the successor of the Prophet as the leader of the state and religion, this can be seen in the event of the meeting at Saqifah Bani Sa'idah in the discussion of the successor of the Prophet. 2) The development of Islamic legal thought during the Khulafaurrasyidin period can be seen in the achievements of the four periods of government. Starting from the caliph Abu Bakr, 'Umar bin Khattab, 'Uṡmān bin 'Affan, and 'Ali bin Abi Talib.
PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM HUKUM PIDANA ISLAM Noercholis Rafid A
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v3i1.27

Abstract

This research discusses the application of restorative justice to criminal defamation in Islamic criminal law. This research is a literature research that examines literature related to problems that are studied using normative theological approaches and juridical approaches. This study aims to elaborate and compare the application of restorative justice to criminal defamation in Islamic criminal law and national criminal law. The implication of this study is that the application of restorative justice to defamation crimes in Islamic criminal law is resolved by mediation (outside the court) first and then through the court channel.
DISKURSUS ILLAT, HIKMAH DAN SABAB SERTA KORELASINYA PADA KONSTRUKSI HUKUM ISLAM Ahmad Arief; Darussalam Syamsuddin; Abdul Syatar
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v3i1.35

Abstract

This paper explores the basic concepts and correlations of illat, hikma and sabab, all three of which are terms that often intersect in the construction of Islamic law. exploring and contemplating the existence of the three concepts is very important to map out the basic differences between the three. Concept exploration uses library sources that are analyzed to obtain the basis for conceptual differences and explore the relationship between illat, hikma and sabab. The correlation between Illat, Wisdom and Sabab can be divided into two: first; the relationship between illat and sabab to wisdom, wisdom is complementary to both in providing a more philosophical construction of law, not just punishing. Second; The relationship between illat and sabab is complementary if you look at the generality and specificity of the two.
GERAKAN TALIBAN ANTARA JIHAD, MAKAR SERTA TRAGEDI KEMANUSIAAN DI AFGANISTAN Muhammad Syarif Hasyim; Randy Atma R Massi
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/comparativa.v3i1.36

Abstract

Afghanistan is back under the control of the Taliban shortly after the United States withdrew its troops after nearly 20 years in Afghanistan. The success of the Taliban group seizing several provinces in Afghanistan faster than the United States predicted, this then made some residents afraid and made the airport in Kabul filled with hundreds of people who wanted to leave Afghanistan. The news of this occupation has attracted the attention of the international community, there are those who are worried about the continuity of the state in Afghanistan, while those who are euphoric think that this is God's promise for Jihad carried out by the Taliban who are considered fighters. But it becomes interesting whether the struggle carried out by the Taliban in the name of Jihad or is a political strategy to control the Afghan state and form its own government. This is still an abstract analysis, but what is certain is that there is now a humanitarian tragedy for refugees who are waiting for the certainty of their survival to obtain asylum from other countries.

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