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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
 1 
Search results for , issue "Vol. 5 No. 1 (2024)" : 5 Documents clear
PRAKTIK TRADISI MA’TINGGORO TEDONG DI TANA TORAJA PERSPEKTIF FIKIH PENYEMBELIHAN DALAM ISLAM Azwan; Nurinayah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 1 (2024)
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.v5i1.135

Abstract

Ma'tinggoro is a tradition of slaughtering or slaughtering animals, especially buffalo, the ma'tinggoro tradition can be found in the Tana Toraja area which has the ma'tinggoro process in traditional ceremonies, namely the solo sign. The research method used in this study uses descriptive qualitative research. The data source in this study used data from interviews, observations, documentation and literature reviews. In the interview activity involving the secretary of the MUI Tana Toraja who was the main informant in this study, the results of the research described that the practice of the ma'tinggoro tradition is a tradition carried out in the slaughter of animals, especially buffalo and is usually found during the Wednesday Solo traditional ceremony.
KOMPARASI ISTIHSAN ANTAR MAZHAB FIKIH DAN PENERAPANNYA DALAM PENETAPAN HUKUM ISLAM Ilhami, Hanif A'la; Ismail; Asasriwarni
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 1 (2024)
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.v5i1.139

Abstract

The existence of differences regarding the validity of istihsan cannot be denied due to differences in understanding its essence. Even among scholars who accept istihsan, both within the Hanafi and Maliki schools, there exist diverse definitions of istihsan. This study attempts to comprehensively explain istihsan through a comparative lens across various schools of thought and how it's applied in establishing Islamic law. The research findings indicate that despite differing opinions among scholars concerning the validity of istihsan, substantively they all utilize it in deducing legal rulings. Hanafi, Maliki, and some Hanbali scholars support and employ istihsan in their ijtihad (independent legal reasoning); meanwhile, Imam Shafi'i and his followers reject istihsan as an evidentiary basis in Sharia law, yet they occasionally use similar methods, though not explicitly referred to as istihsan. The differences in the usage of terms are quite common. Just as in the Hanafi school of usul al-fiqh (principles of Islamic jurisprudence), specific terms are used, such as differentiating between "ijab" and "fardh," which aren't found in other schools of thought. Hence, the discrepancies among scholars in various schools regarding the validity of istihsan are primarily technical and related to nomenclature.
ANALISIS PERBANDINGAN KONSEP MAHAR MENURUT PEMIKIRAN IMAM SYAFI’I DAN IMAM HANAFI Fikan, Wafa’ Atqiya’; Mustofa, Imron
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 1 (2024)
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.v5i1.147

Abstract

The dowry is a gift given by the groom to the woman he will marry, which then becomes entirely the property of his wife. The dowry given at the time of marriage undoubtedly holds value and benefits. This normative legal research, which uses only secondary and primary data, refers to legal sources that have binding authority, such as the Qur'an, hadith, and the views of the Imam Shafi'i and Imam Hanafi schools of thought. Imam Al-Shafi'i opines that there is no minimum limit for anything that can be valued in trade, and therefore, it can be used as a dowry. Thus, according to Imam Al-Shafi'i, there is no minimum limit, meaning that a person is free to give according to their means, while Imam Hanafi believes that the minimum dowry is ten dirhams and that the dowry can take the form of goods or services that are considered additional obligations in a marriage contract. This study suggests that the community, particularly those who follow the Shafi'i school of thought, should implement this concept in real life.
PRAKTIK TRADISI MOMPOPALIA BALA’ PADA KENDARAAN BARU DI DESA BATU HITAM PERSPEKTIF URF Listanto Ndeo, Virgiawan; Mubakkirah, Fadhliah; B, M. Taufan
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 1 (2024)
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.v5i1.192

Abstract

In the community of Batu Hitam Village, Nuhon Subdistrict, Banggai Regency, many customs and traditions are still preserved, upheld, believed in, and developed, one of which is the Mompopalia Bala’ Tradition. The Mompopalia Bala’ Tradition, or ritual to ward off misfortune, has been practiced in this region for a long time. This tradition is held as an expression of gratitude to the Creator for the successes achieved. This research aims to understand and examine the practice and the ‘Urf perspective on the Mompopalia Bala’ tradition in Batu Hitam Village. To achieve this goal, an empirical legal research method with an interdisciplinary approach was used. The research was conducted in Batu Hitam Village, Nuhon Subdistrict, Banggai Regency, through field observations, interviews with traditional leaders, religious leaders, and community figures, and documenting the interview process as well as the execution of the Mompopalia Bala’ tradition. The results of this research show that the Mompopalia Bala’ tradition begins with determining the time and day for bringing in the new vehicle (Molio jamsinanu maima), storing the new vehicle for three days (Monguna kendraan anuoli), and concludes with a prayer recitation over water and the sprinkling of the water onto the new vehicle (Mondudu’i kendraan anu sala’je ingoli). From the perspective of ‘Urf, the Mompopalia Bala’ Tradition in Batu Hitam Village, in terms of its meaning, falls under Urf Al-Khas, and in terms of its form, it is included in Al-‘Urf Al-Fi’li, while from the aspect of being considered a legal basis, it falls under ‘Urf Shahih.
TINDAK PIDANA KEKERASAN SEKSUAL (PERSPEKTIF PERBANDINGAN HUKUM ISLAM DAN HUKUM POSITIF) Kalsum, Ummu; Syafii, Ahmad; R. Massi, Randy Atma
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 1 (2024)
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.v5i1.193

Abstract

Sexual violence against women continues to occur to this day, with the increasing cases of sexual violence against women becoming one of the topics frequently discussed and examined by society. Various efforts and studies have been conducted to address and reduce the number of sexual violence incidents against women. Sexual violence is increasingly alarming because it impacts the victims, making them feel threatened, humiliated, scared, ashamed, and so on. This research uses Normative Juridical research (normative legal research method) with a qualitative approach. Additionally, this research also employs a Legislative approach and a Comparative approach. The data collection technique is conducted through document/literature study, where the research objects are primary, secondary, and tertiary legal materials. All forms of sexual violence are subject to criminal penalties, and Law Number 12 of 2022 concerning Sexual Violence Crimes has clearly regulated this issue. In Islamic law, the sanctions given are in the form of ta'zir punishment. Ta'zir punishment includes all penalties other than hudud and qisas, but the punishment may be more severe and encompass more than hudud and qisas. According to the Syafi'i School, the sanctions can include diyat (compensation) accompanied by mahar (mithil), as well the had zina for the perpetrator.

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