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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 55 Documents
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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.
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.
TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP PENETAPAN DISPENSASI NIKAH: Studi di Pengadilan Agama Kelas 1A Palu Mauliyana, Sri; Sapruddin; Wahyuni; Nurinayah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 2 (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.v2i4.140

Abstract

This thesis focuses on how judges consider the class 1A religious court in Palu in determining the marriage dispensation and an analysis of Islamic and positive law regarding marriage dispensations in the Palu Class 1A Religious Court. This research uses qualitative research based on empirical law collected through interview studies, documentation studies, observation and data reduction, data presentation, verification and checking the validity of the data. The results of this research show that the judge's consideration in granting marriage dispensation looks at the legal facts, that there are indeed witnesses in the application for marriage dispensation. The judge will consider the application for marriage dispensation that has been submitted by the applicant based on the existing evidence. Looking at the benefits, the Panel of Judges in determining a case must have a legal basis for the case they are handling and grant the request if it is very urgent. Then, Islam does not regulate the age limit for marriage, the age limit for a person to marry only mentions signs of female maturity and men having wet dreams. The judge basically uses various considerations and legal bases, namely Law Number 1 of 1974, Compilation of Islamic Law (KHI), as well as fiqhiyah rules. However, the panel of judges prioritized the concept of maslahah because it was to prevent undesirable things. The principle is that the prospective bride and groom must mature their body and soul in order to realize the goal of marriage well without ending in divorce and to have good and healthy offspring. Therefore, underage marriages must be prevented, with this provision the age limit for marriage is set in the Marriage Law. rigid. This means that it does not provide an opportunity for anyone to do it.
MESOTERAPI (MESOLIPOLYSIS INJECTION) PERSPEKTIF HUKUM ISLAM Asmarini, Andini
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 2 (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.v4i2.142

Abstract

Someone's appearance has become crucial in today's world due to various factors, including work and lifestyle. Mesotherapy is one type of facial and body treatment that is widely used today. Mesotherapy, also known as mesolipolysis injection technique, was initially developed for the treatment of diseases but is now widely employed for cellulite treatment, lipolysis or body contouring, and other cosmetic treatments. While beauty and aesthetics are encouraged, Islam provides guidelines for regulating them. Mesotherapy is permissible when done for the purpose of treatment, maintaining health, self-care as a form of gratitude to Allah, intending to look beautiful in front of one's husband, using permissible and non-impure substances, and without altering Allah's creation. However, mesotherapy becomes prohibited if it involves impure or forbidden elements, poses a health risk, or is intended to display beauty to non-mahram men.
IMPLEMENTASI HAK MILIK ATAS TANAH DALAM TINJAUAN HUKUM ISLAM DAN HUKUM AGRARIA: Studi di Desa Sibowi Kecamatan Tanambulava Kabupaten Sigi Suardi, Sumarlin; B, M. Taufan; Mubakkirah, Fadhliah; Nafilah, Indri Azkilan
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 4 No. 2 (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.v4i2.143

Abstract

This article discusses land ownership rights from the perspectives of Islamic law and agrarian law, using a case study in Sibowi Village, Tanambulava Subdistrict, Sigi Regency. The research method employed is a qualitative research approach, with the research location chosen in Sibowi Village, Tanambulava Subdistrict, Sigi Regency. Data sources include primary and secondary data relevant to the researched issues. The research findings indicate that the community of Sibowi Village, Tanambulava Subdistrict, Sigi Regency, had long been managing the land, which was formerly abandoned. In the context of Islamic law, ownership of the land by the community in Sibowi Village is recognized. This recognition is based on the Prophet's hadith regarding reviving barren land, along with the opinions of Syafi'i and Ahmad stating that abandoned lands are not owned by Bayt al-mal but are neutral property (mubah). According to Islamic law, the person who first cultivates (works on) the land is considered its owner. However, from the perspective of agrarian law, formal recognition of ownership rights over the land must comply with the prevailing legal provisions. The acknowledgment of land ownership rights in agrarian law is contingent on formal legality, involving the land registration process, which results in valid proof of ownership, such as a land certificate. Therefore, the land ownership of the Sibowi Village community does not meet the criteria for ownership according to agrarian law.

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