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Randy Atma R. Massi
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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. 4 No. 1 (2023)" : 5 Documents clear
ANALISIS KONSEPTUAL ASAL USUL ANAK: STUDI KOMPARATIF TERHADAP MAZHAB SUNNI DAN SYIAH Farid, Diana; Abdulah Pakarti, Muhammad Husni; Fathiah, Iffah; Hendriana, Hendriana
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 1 (2023)
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.v4i1.127

Abstract

This study aims to conduct a conceptual analysis of the origins of children in the context of the Sunni and Shiite schools of thought. In the context of Islam, Sunni and Shia schools have different views and practices in several aspects, including the origin of children. Conceptual analysis was carried out by exploring theological understanding and classical literature from both schools to understand the differences and similarities in their views on the origin of children. This study uses a comparative method to compare the perspectives of Sunni and Shia schools regarding the origin of children. First, an analysis of classical Sunni literature, such as hadiths related to conception, fetal development, and child birth is carried out. Then, relevant Shia literature, such as theological and commentary works, is also analyzed to understand their views on the origin of children. After that, the differences and similarities between the two schools of thought were studied and analyzed comprehensively. The results of this study indicate that the Sunni and Shiite schools of thought have different views on the origin of children. Sunnis believe that children come from a physical bond between husband and wife, while Shiites believe that children come from a spiritual bond between husband and wife. In addition, there are differences in views on conception, fetal development, and determining the fate of children between the two schools of thought. This research provides a deeper insight into the differences and similarities between the Sunni and Shia schools of thought in their views on the origin of children. This is important in understanding the diversity of thought within the Islamic religion and can provide a more comprehensive understanding of issues related to family and marriage in Muslim societies.
TRADISI TEPUK TEPUNG TAWAR DALAM PERSPEKTIF HUKUM ISLAM: (Studi Kasus di Kecamatan Bengkalis) Husnah; Dewi, Irlina; Fajaruna, Eva
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 1 (2023)
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.v4i1.129

Abstract

This research explains the local wisdom of Malay culture regarding the plain flour pate which is a traditional Malay procession that is encountered at every ceremony carried out by the Malay community which has Islamic meaning and symbols in it. The purpose of this study was to find out the perspective of Islamic law on the plain flour pate tradition and to find out the philosophical meaning contained in the materials used in the plain flour pate tradition. This tradition also has the function of offering prayers. The method used in this research is field research where data can be obtained through interviews and documentation. This tradition also has the function of offering prayers. The method used in this research is field research where data can be obtained through interviews and documentation. The results of the study show that the plain flour patting tradition does not conflict with Islamic law, this is because the activities of the plain flour patting tradition have meaning in giving prayer and gratitude to Allah SWT. The philosophical meaning contained in the traditional material of plain flour pate which is used in all traditional ceremonies is not contrary to the teachings of the Islamic religion, this is because all the materials used have meanings that reflect Islamic values, as is the case with white rice which has the meaning of purity, turmeric rice has the meaning of marwah which is not extinct, perfume which has the meaning of the fragrance of marwah, bertih has the meaning of sharing together, henna leaves symbolize harmony and potpourri which means inner and outer purity.
DISPENSASI PERNIKAHAN BEDA AGAMA MENURUT PERSPEKTIF MAZHAB Oktavia, Elysa Nur; Kamilah, Mutiara; Resti, Nurinda; Ummah, Siti Roiyyatul
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 1 (2023)
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.v4i1.131

Abstract

This journal reviews the Dispensation of Interfaith Marriage in the Perspective of Schools. This research aims to minimize the occurrence of interfaith marriages, so that we as human beings strengthen our faith in religion, and so that we know that interfaith marriages were not agreed upon by the four Imams of the Madhhab and there is no dispensation.This research is qualitative, while the research instrument is interviews and is based on sources from trusted journals and books. The data source for this research is an interview with one of the heads of the School Comparative Study Program who is also a Lecturer for the Ushul Fiqh course, namely Mrs. Siti Hana, M.A, who talks about the mafsada of interfaith marriage. He said that marriage is like the ship's boat, so the captain and passengers must have the same goal, the same goes for marriage, if the husband and wife have differences of opinion, there will be inequality until something causes a divorce. And if the couple has children, he will be confused with two choices between following the religion professed by his father or by his mother. Because religion is not just a status but a handle for our daily lives. That was conveyed by Ms. Siti Hana, M.A as head of the Comparative Study Program. Likewise, the four Imams of the Madhhab did not agree with the marriage of different religions and that is illegal. If the marriage is illegal, then all the relationships that the couple does include adultery.
ANALISIS FENOMENA CHILDFREE MENURUT PERSPEKTIF IMAM AL-GHAZALI Persada, Bahtera; Dinnar, Malik; Ardiansyah, Rio; Fasyaya, Qiyan
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 1 (2023)
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.v4i1.133

Abstract

An ideal family consist of father, mother and child. This concept was deeply embedded society. Based on the stereotype, many married couples followed or made pregnancy programme soon after getting married, Howefer, times passed and development is inevitable. Nowadays, a family with child is not the only concept for marriage. Some couples started to have a childfree. It is a family without biological child. This phenomenon comes as polemic especially for moslems. As we know, in Islam a couple married is suggested to have children as descendants. Furthermore, having many children is considered as Sunnah to follow Rasulullah SAW. This research will be conducted using descriptive qualitative method viewed thought subjective approach by imam Al-Ghazali. Based on perspective of imam Al-Ghazali, childfree may be done in certain condition, for example to reduce mafsadat in marriage life in ‘azl way.
THE LEGAL STATUS OF A CHILD BORN OUT OF WEDLOCK IN THE PERSPECTIVE OF SYAFI’I AND HANAFI SCHOOLS Rizka A. R, Nyrza; B, M. Taufan; Amelia, Yuni
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 1 (2023)
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.v4i1.134

Abstract

Promiscuity among young people, as happened today, often leads to unexpected things, namely the occurrence of pregnancy before marriage. If a child was born illegitimately, he was usually called a child born out of wedlock (natural child). As a result, he cannot be connected to his father but only to his mother. According to Syafi'i School, a child born out of wedlock is born less than six months after intercourse with a legal husband. The child's legal status does not have a lineage relationship with his biological father because he was born outside of a legal marriage. Meanwhile, according to the Hanafi School, a child born out of wedlock is born less than six months after the marriage contract. The legal status of children born out of wedlock is the same as children born in a legal marriage because the Hanafi School considers the existence of lineage in essence. The main difference between the two is in their understanding and interpretation of the sources of Islamic law related to the status of a child born out of wedlock. There is a difference because in term of history, in term of sociology, and in term of culture.

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