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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. 2 (2022)" : 5 Documents clear
KONSTRUKSI PEMAHAMAN MAKNA JIHAD PADA MASYARAKAT LANTO JAYA Syukran Zikrullah; Muhammad Syarif Hasyim
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (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.v3i2.40

Abstract

Different in interpreting the meaning of jihad, there are those who understand jihad by fighting evil and there are also those who interpret jihad by increasing the quality of faith in Allah SWT, or jihad against lust. Through this research it is hoped that it can contribute ideas to the Lanto Jaya village community so that differences among the community do not cause divisions, but with differences this thesis departs from a problem of how the Lanto Jaya village community understands the meaning or meaning of jihad and how to implement jihad in the daily life of the people of Lanto Jaya. The results of this study indicate that the understanding of jihad in the Lanto Jaya village community does have differences. The schools that develop in society are the Shafi'i school, the Hanbali school and the Maliki school. However, what is of concern in this village is that there are still frequent differences of opinion that depart from these different understandings. Jihad in the village of Lanto Jaya is closely related to the impact of the incident in 2000 which involved two religions namely Islam and Christianity, as a result of this incident many people immediately understood jihad. There are many understandings or groups that enter the midst of society and provide an understanding of jihad. Due to the lack of knowledge about religion at that time, the community actually made people more familiar with one another.
TINJAUAN HUKUM ISLAM TERHADAP KHITAN BAGI PEREMPUAN (STUDI KOMPARASI ANTARA ULAMA KLASIK DAN ULAMA KONTEMPORER) Faiz Izuddin Masykur; Fadhliah Mubakkirah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (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.v3i2.41

Abstract

Circumcision is cutting or removing part of the genitals, especially circumcision for women who still have issues that are disputed among classical and contemporary scholars. In Indonesia, there are also differences of opinion regarding circumcision between MUI Fatwa and PERMENKES. Therefore, a scientific work was made which discussed female circumcision in the framework of an Islamic legal review regarding legal comparisons between the views of classical and contemporary Islamic scholars. The main problem in this research is how the review of Islamic law regarding female circumcision between the views of classical and contemporary Islamic scholars. This study uses the library research method with a qualitative approach, using library research funds by exploring various literatures, including books, Al-Qur'an, hadith, journals, and websites that are continuous with the research theme. The results of this thesis research conclude that circumcision for women in the view of Classical and Contemporary scholars that circumcision has been prescribed by religion, but among scholars there is still a debate about female circumcision because in the Qur'an and hadith there is no clear explanation regarding circumcision women but only follow the millah of Prophet Ibrahim AS.
TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP ABORSI BAGI WANITA KORBAN PEMERKOSAAN Ardina; Nurinayah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (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.v3i2.42

Abstract

This study aims to identify and analyze legal norms, especially those related to Islamic law and positive law in Indonesia regarding abortion as a result of rape. In general, the legal status of abortion according to Islamic law is haram. Likewise, it is found in article 346 of the Criminal Code that abortion is also not permitted. However, regarding the legal status of abortion caused by rape, there are several opinions in Islamic law and positive law in Indonesia. The research in this thesis uses normative juridical research (normative legal research), namely legal research conducted by examining literature or secondary data. In accordance with the characteristics of the study, this study used the library research method (literary study). The results of the study show that the legal status of abortion as a result of rape according to Islamic law has several opinions. The Tarjih Muhammadiyah Council forbids abortion as a result of rape, the Bahtsul Masail NU and the MUI fatwa allow it. Whereas in positive law in Indonesia as contained in Law Number 36 of 2009 concerning Reproductive Health both allow abortion due to rape.
TINJAUAN HUKUM BAGI PELAKU PERJUDIAN PERSPEKTIF FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM (PERBANDINGAN KUHP DAN QONUN NOMOR 6 TAHUN 2014) Vivi Ayu Saputri
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (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.v3i2.43

Abstract

Gambling is something that is considered taboo in various circles and causes polemics and even creates turmoil in this modern society. Both positive law and Islamic law prohibit gambling from being carried out, but there are still many people who justify any means to play gambling. In history, gambling cases are very difficult to eradicate, as if gambling had become commonplace and even become a habit for the community. In the current development of the era, gambling has become a social disease in our society, which naturally should be eradicated from social life. Many efforts have been made to deal with gambling cases such as providing sanctions for gambling actors, for example criminal sanctions and the like, but this has not deterred and gambling is still rampant in this modern society. The formulation of the problem in the discussion this time is how legal proceedings against gambling actors are handled either in accordance with the Criminal Code article 303 concerning gambling or in accordance with Qonon Number 6 of 2014.
RELEVANSI FIKIH TRADISIONAL Desy Kristiane
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (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.v3i2.45

Abstract

In terms of thinking and understanding, Muslims can be divided into four social ideological paradigms or groups, namely traditional, modernist, revivalist, and transformative groups. Traditional fikih has become one of the characteristics of Islamic legal thinking that has developed and still exists in Indonesia. This traditional fikih thinking is guarded and preserved in the academic world of pesantren, although it does not cover the possibility that many pesantren graduates have new thoughts by adapting to the development of problems experienced by society. This paper describes the development of fikih and the weaknesses in the relationship between traditional fikih and pesantren education, in which pesantren graduates are required to be involved in solving the problems of the nation and state. The conclusion is that the existence of traditional fikih is due to the attitude of the scholars who are careful in accepting new things because they are worried that these new things will harm people's lives.

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