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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 55 Documents
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TINJAUAN HUKUM ISLAM TERHADAP HAK PEREMPUAN DALAM MEMILIH PASANGAN HIDUP: Studi Kasus di Desa Dolago Padang Kecamatan Parigi Selatan Kabupaten Parigi Moutong Rahmadani; Jumat, Gani; Mursyid, Besse Tenriabeng
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.v4i2.144

Abstract

Islam provides women with rights under the Prophet Muhammad SAW. With the changes, women have full freedom of ownership rights in all permitted ways and have full rights to express opinions when they are asked to express their opinions. This research uses sociological research methods on law using empirical data collected through techniques. observation, interviews and documentation, the data analysis techniques used are data reduction, data presentation and checking the validity of the data. From women's opinions regarding the implementation of women's rights in choosing a life partner, not all implementations of women's rights have been implemented because they are still held by those closest to them. Therefore, the importance of communication and education in determining life choices. As the Hanafi school of thought emphasizes that women have the right to choose. The Prophet also said "marry someone you like". However, the facts on the ground contradict the existing theory. The supporting factors for reviewing Islamic law towards women are socio-economic background, education, mature age and parents. Inhibiting factors are the will or choice of parents, lack of readiness of men chosen by women, men who are economically disadvantaged, women who are still in the process, social and family factors and others.
IMPLEMENTASI PEMBERIAN NAFKAH IDDAH DAN MUT’AH BERDASARKAN STRATA SOSIAL : Studi di Pengadilan Agama Kelas 1A Palu Amelia, Friska; Hasyim, Muhammad Syarif; Mursyid, Besse Tenriabeng
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.v4i2.145

Abstract

The provision of iddah and mut'ah maintenance is the maintenance given to the wife after the legal provisions regarding the consequences of breaking up a marriage due to divorce according to the provisions of the law, among other things, the court can oblige the ex-husband to provide living costs and/or determine certain obligations for the ex-wife. The costs of living and obligations referred to in these provisions are iddah and mut'ah living. In this regard, the description in this article discusses how the provision of Iddah and mut'ah support is implemented based on social strata in the Religious Courts and the inhibiting and supporting factors for the implementation of the provision of Iddah and mut'ah support based on social strata. This article uses sociological legal research using empirical data. Data obtained through interview techniques, documentation studies, observation and data reduction, data presentation, verification and checking the validity of the data. It shows that in determining the judge's decision regarding the provision of iddah and mut'ah living based on social strata, this is when the judge wants to impose a burden on the husband in paying iddah living to the wife, in this case it does not burden the husband and does not harm the wife, with the judge's basic reference being to look at the ability from the applicant. The provision of iddah and mut'ah maintenance is based on the appropriateness and propriety of a husband's income. When the panel of judges wants to decide on the iddah and mut'ah maintenance that will be given to the wife, there is no definite calculation because basically each judge usually has a different opinion on the amount of maintenance that will be charged to the ex-husband. The provision of mut'ah maintenance is a gift of mementos in the form of money or objects by a husband to his ex-wife, except for his ex-wife qobla al dukhul and does not mean the wife who is nusyuz for providing mut'ah maintenance, the judge looks at how long they have lived together as a married couple.
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.
POLA PENGASUHAN ORANG TUA MENURUT HUKUM KELUARGA ISLAM DI DESA KONGKOMAS KABUPATEN TOLITOLI Muzayyanah; Sapruddin; Ruslan, Murniati
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 2 (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.v5i2.196

Abstract

Parents are responsible for guiding, protecting, caring, educating and directing children at every stage of their development. As a Muslim, it is recommended that this process carried out based on Islamic family law or what is usually called hadhanah. This research aims to see parenting style according to Islamic family law in Kongkomas Village, Basidondo District, Tolitoli Regency. The type of research used is empirical law with data collection techniques in the form of interviews, observation and documentation. The results from 37 families represented by mothers show that the parenting style used by the majority of parents is democratic. The Democratic parenting style places children as a priority while continuing to supervise them. Based on Islamic family law, parents in Kongkomas Village focus on fulfilling their children's physical, emotional and religious education needs.
TRADISI ZIARAH KUBUR DI PULAU PAJENEKANG KABUPATEN PANGKEP PERSPEKTIF ISLAM Rizky, Muh. Fajar; Mubakkirah, Fadhliah; Ubay
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 2 (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.v5i2.197

Abstract

The tradition of grave pilgrimage has become a common practice among Muslims in Indonesia, including the community on Pajenekang Island, Pangkep Regency, South Sulawesi. This tradition includes rituals of visiting the graves of Islamic scholars who are considered to have contributed to the spread of Islam, as well as heroes who fought to protect the sovereignty of Pajenekang Island from Dutch colonizers. This practice is a heritage passed down from generation to generation. This study employs a qualitative-descriptive research method with an empirical juridical approach. The findings indicate that the tradition of grave pilgrimage on Pajenekang Island in Pangkep Regency integrates Islamic principles with local cultural customs. This includes rituals such as bringing specific traditional cakes to the gravesite and praying or performing tawassul near the grave. The pilgrimage is conducted on the third Friday of the month of Muharram. The study concludes that, based on the theory of ‘Urf and the principle of Al-‘Adatu Muhakkamah, the tradition of grave pilgrimage on Pajenekang Island is permissible (mubah) as it does not conflict with Islamic teachings. However, attention must be given to the intention and purpose of the pilgrimage to ensure that individuals do not fall into the practice of shirk (idolatry).
ANALISIS KEDUDUKAN HUKUM UMRAH MANDIRI DALAM KERANGKA REGULASI INDONESIA Kristiane, Desy; Nadia, Nadia
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 2 (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.v5i2.198

Abstract

This study examines the legal position of independent Umrah (Umrah Mandiri/ Umrah Backpacker) within the regulatory framework in Indonesia, with a focus on Law No. 8 of 2019 concerning Hajj and Umrah Services. Independent Umrah, which refers to performing Umrah without engaging a travel agency (PPIU), has gained popularity due to its perceived efficiency and flexibility. However, this practice is not specifically regulated under the current legal framework, leading to various risks, including visa administration issues and limited legal protection. The study employs a normative juridical approach with an analysis of statutory provisions to evaluate the adequacy of existing regulations in addressing the phenomenon of Independent Umrah. The findings highlight the need to strengthen regulations to provide legal certainty and adequate protection for independent Umrah pilgrims, while maintaining the essential oversight and protective role of the state
FENOMENA PRAKTIK IBADAH SHALAT BERJAMA’AH DAN DAMPAK SOSIALNYA DALAM PERSPEKTIF LINTAS MAZHAB (STUDI PADA MASJID AL-AMANAH KOTA PALU) Rahmat; Hidayatullah, Muhammad Syarief; Imron, Ali
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 5 No. 2 (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.v5i2.201

Abstract

This paper examines in depth the practice of congregational prayer at the Al-Amanah Mosque in Palu City, with a focus on the diversity of existing schools of thought. It uses a qualitative descriptive method. Data collection techniques are carried out using observation, interview, and documentation methods. Data analysis techniques used are data triangulation, data comparison, and checking the validity of data. The results of the study show significant differences in the practice of congregational prayer, especially between the Maliki and Syafi'i schools of thought, which are reflected in the procedures for reading the basmalah and carrying out dhikr. This difference, if not managed properly, has the potential to trigger horizontal conflict in the community. So, the difference in schools of thought in the practice of congregational prayer at the Al-Amanah Mosque in Palu City is a complex and multi-faceted phenomenon. To create a good atmosphere in the implementation of prayer, joint efforts are needed from all parties, both from the community, mosque administrators, religious leaders, and the congregation itself.
EFEKTIVITAS SANKSI HUKUM ADAT DI DESA BINANGGA KECAMATAN MARAWOLA KABUPATEN SIGI Tahali, Ahmad; Munarif; Sauki Alhabsyi, Muhamad; Atma R. Massi, Randy; Ananda Almahdali, Atika
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 1 (2025)
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.v6i1.200

Abstract

The application of customary law sanctions in Binangga Village plays a significant role in maintaining social harmony and resolving conflicts through a restorative approach aimed at improving relations between residents and emphasizing the importance of customary norms. Conflict resolution mechanisms that prioritize deliberation and involve traditional leaders as mediators make customary law more accepted by the community. Factors supporting its effectiveness include the level of community compliance with cultural values, the role of respected traditional leaders, and a restorative approach. However, challenges such as modernization, globalization, internal conflicts, and differences with national laws are obstacles. Therefore, synergy between indigenous peoples, government and national law is needed to maintain the relevance and effectiveness of customary law in the face of continuously developing social dynamics.

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