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Randy Atma R. Massi
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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 60 Documents
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MUALAF SEBAGAI MUSTAHIK ZAKAT PERSPEKTIF MUHAMMADIYAH DAN NAHDLATUL ULAMA KOTA PALU Musdalifa, Aisya; B, M. Taufan; Mayyadah
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.v5i2.202

Abstract

Islam teaches the importance of zakat as one of the main instruments in distributing wealth and upholding social justice. In Qur'an verse At-Taubah 60 explains eight groups of zakat mustahik, one of which is converts, namely people who have just converted to Islam or individuals whose hearts are expected to be attracted to Islam. This research uses empirical research methods, data collection techniques through observation, interviews and documentation studies. The results of the research show that converts to Islam in Palu City have on average embraced Islam for a long time. The picture of converts as zakat recipients is that there are still those who still receive their zakat and there are also those whose zakat has been cut off and has even become muzakki. Giving zakat really helps them and can increase their faith in Islam. The perspective of Muhammadiyah and Nahdlatul Ulama in Palu City refers to At-Taubah 60, which states that converts have the right to receive zakat. The two organizations do not have differences of opinion regarding the criteria for converting zakat recipients, the purpose of giving zakat, the impact of giving zakat from an economic and spiritual perspective, as well as the priority scale for giving zakat. However, they differ in their opinions regarding the time limit for giving zakat to converts. From the conclusions obtained, it is recommended that Muhammadiyah and Nahdlatul Ulama in Palu City have data on converts who receive zakat, so that well-documented data will provide a clear picture of the number of converts, their needs, and the impact of the zakat assistance given to them.
PERAN WANITA ISLAM AL-KHAIRAAT DAN MASYARAKAT KELURAHAN LOLU UTARA DALAM MEWUJUDKAN NILAI TOLERANSI UMAT BERAGAMA DAN KEARIFAN LOKAL : (STUDI LIVING KITAB SUCI) Yamani, Gasim; Sakinah, Sari
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.v6i1.204

Abstract

This study examines the practice of religious moderation and the preservation of local wisdom in Lolu Utara Subdistrict, Palu Timur District, Palu City, which is known for its ethnic and religious diversity yet maintains social harmony. The objective is to analyze the community’s religious activities that reflect the values of the Qur’an and the Bible in managing conflicts related to ethnicity, religion, race, and inter-group relations (SARA) through the Living Holy Book approach. This quantitative study uses proportional sampling techniques, with data collected through questionnaires, surveys, and interviews. The findings indicate a high level of tolerance among the people of Lolu Utara, supported by the active role of community leaders and Wanita Islam Al-Khairaat (WIA) in promoting moderation. Local wisdom, such as Nosarara Nosabatutu, further strengthens social harmony. Lolu Utara can serve as a model for successful community-based religious moderation.
IMPLEMENTASI KHIYAR SYARAT PADA GARANSI BEBAS PENGEMBALIAN E-COMMERCE SHOPEE Asmarini, Andini; Nurinayah
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.v6i1.206

Abstract

The Free Return Guarantee offered by e-commerce Shopee gives consumers the right to return the product if they change their mind about purchasing a product without a prior checking process by the seller. In sharia economic law, principles such as honesty and transparency are highly emphasized. This study aims to examine the implementation of the Free Return Guarantee in Shopee e-commerce transactions and assess its conformity with the concept of khiyār syarṭ under sharia economic law, in order to determine whether this policy fulfills the expected principles of sharia economic law in commercial transactions. This article is descriptive research. In extracting and collecting data, the method used is library research, to be able to study library materials and documents which are the main source of information. The research results show that so far, the Free Return Guarantee program implemented by e-commerce platforms such as Shopee can be considered in accordance with the principles of Sharia Economic Law, as long as the policy is designed taking into account the rights and the obligations of both parties (consumers and sellers). Moreover, this policy aligns with the concept of khiyār syarṭ in Islam, which allows a conditional option period in transactions to ensure fairness and mutual consent.
PERSPEKTIF HUKUM TERHADAP PERLINDUNGAN ANAK DAN LANJUT USIA Wahyuni; Mubakkirah, Fadhliah; Khatimah, Andi Husnul
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.v6i1.216

Abstract

Children and the elderly are categorized as vulnerable groups requiring special legal protection. Although the government has shown commitment to safeguarding the rights of children and the elderly, the practical implementation has yet to yield optimal outcomes. There is a pressing need for comprehensive legal regulations to ensure the effective protection of these groups, including the identification and regulation of specific areas of concern. This article explores the legal and institutional roles of the government, social welfare institutions (LKS), and the community in fulfilling the state’s obligation to protect children and the elderly. It also emphasizes the importance of legal frameworks that support adequate infrastructure, financial stimuli, budget allocation, and capacity development of social workers as key elements of protection. Furthermore, the article highlights that the legal responsibility to protect these vulnerable populations should be mainstreamed across all sectors of governance, and should not rest solely on a single social institution, in order to ensure a holistic and rights-based approach to protection.
ABORSI BAGI KORBAN PEMERKOSAAN: PERSPEKTIF IMAM SYAFI’I, IMAM MALIKI DAN HUKUM PIDANA INDONESIA Alif Nurhayati; Rodhi Fata; Salma Khoirun Nisa’; Aprilia Intan Ayu A
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.v6i1.223

Abstract

This paper explores the issue of abortion for rape victims from the perspectives of Imam Shafi'i, Imam Maliki, and Indonesian criminal law. Imam Shafi'i generally prohibits abortion after the soul is believed to enter the fetus, typically at 120 days, but some interpretations allow it before that point under pressing circumstances. Imam Maliki takes a stricter view, opposing abortion at all stages, even before ensoulment. In contrast, Indonesian criminal law permits abortion for rape victims under certain conditions, including a limited gestational age, in accordance with health regulations and the 2009 Health Law. By comparing these perspectives, the study highlights the tension between religious interpretations and legal frameworks in addressing sensitive moral and legal dilemmas faced by rape survivors.
CONSIDERATIONS OF I’TIBAR AL-MA’ALAT REGARDING REGULATIONS ON ABORTION IN CASES OF RAPE IN INDONESIA Andi Muh. Taqiyuddin BN; Mustaufiq; Arief, Ahmad; Sarib, Suprijati; Taufik, Bambang
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 2 (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.v6i2.215

Abstract

This study examines the consideration of I’tibar al-Ma’alat in regulating abortion in cases of rape as stipulated in Articles 116 and 118 of Government Regulation (GR) No. 28 of 2024. This research employs a qualitative approach using a literature review method. The findings indicate that abortion is generally prohibited, except in cases of medical emergency or pregnancy resulting from rape or sexual violence. However, the regulation has not fully reflected the principles of I’tibar al-Ma’alat, particularly in the procedure for proving pregnancy resulting from rape. The requirement of a medical certificate and an investigator’s statement lacks clear standards and does not involve comprehensive medical recommendations from psychiatric and obstetric specialists. This condition potentially undermines legal certainty and the objective of mitigating harm, especially psychological risks faced by rape victims. Therefore, strengthening medical and legal coordination is necessary to ensure the regulation aligns with the consideration of legal implications (ma’al).
BLOCKCHAIN AND ISLAMIC LAW: A COMPARATIVE ANALYSIS OF THE FOUR SUNNI SCHOOLS Abdul Azis, Fakih
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 2 (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.v6i2.217

Abstract

This study examines the perspectives of the four major Sunni Islamic legal schools—Hanafi, Shafiʿi, Maliki, and Hanbali—on the concepts of māl and ʿaqd and their implications for integrating blockchain technology within the framework of maqāṣid al-sharīʿah. Employing a normative–comparative approach, the study demonstrates that the Hanafi school adopts a relatively flexible conception of māl, grounded in social value and utility recognized by ʿurf, thereby allowing for the recognition of non-physical assets such as cryptocurrencies. By contrast, the Shafiʿi school maintains a more restrictive stance emphasizing physical existence and effective possession. The Maliki school recognizes manfaʿah as a legally protected interest while requiring a high degree of contractual clarity and the avoidance of speculation, whereas the Hanbali school advances the most expansive framework, grounded in maṣlaḥah and the presumption of permissibility in transactions. The study further argues that blockchain technology may contribute to the realization of the five core objectives of maqāṣid al-sharīʿah: ḥifẓ al-māl through transparency and decentralization, ḥifẓ al-ʿaql by mitigating gharar, ḥifẓ al-nasl through secure recordkeeping, ḥifẓ al-dīn by enhancing institutional accountability, and ḥifẓ al-nafs through improved data security and humanitarian aid distribution. Nevertheless, effective implementation requires robust Sharīʿah governance, ethical safeguards, data protection mechanisms, and coherent regulatory frameworks to ensure that technological innovation advances public usufruct while preventing harm.
LEGAL IMPLICATIONS OF PIG-CONTAMINATED IRRIGATION WATER IN ERETON KULON: A FOUR-SCHOOL JURISPRUDENTIAL ANALYSIS Yusrizal, Navis; Hakim, Rifki Arfanul; Kamaluddin, Hilmi; Al Mujaradah, Sulasiah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 2 (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.v6i2.232

Abstract

The practice of bathing pigs in rice field irrigation channels in Ereton Kulon Village, Indramayu, raised concerns among the local Muslim community regarding the potential contamination of irrigation water and its impact on crops. This study examines the concept of impurity (najāsah) in classical Islamic jurisprudence and its application to such agricultural contexts. It addresses two primary questions: whether irrigation water contaminated by pigs becomes legally impure, and whether crops irrigated or fertilized with such water or substances are permissible for consumption. Using a qualitative literature review approach, data from classical fiqh texts and supporting secondary sources were analyzed through a descriptive-analytical method. The findings indicate consensus among scholars that water becomes impure when its essential properties—color, taste, or odor—are altered. Divergence arises in defining the threshold of a “large quantity” of water: the Shafi’i and Hanbali schools set it at two qullahs, whereas the Hanafi and Maliki schools apply alternative criteria. Regarding crop consumption, the majority of scholars, including the Maliki school and certain Shafi’i jurists, permit it, while the Shafi’i position maintains prohibition. The Hanbali school allows consumption under the condition of tangible benefit (intifa’). This study highlights the practical relevance of classical fiqh perspectives on impurity in contemporary agricultural contexts and informs the legal assessment of crops exposed to contaminated irrigation.
SINTUVU AND THE MADIKA SYSTEM OF THE KAILI TRIBE AS A MODEL OF LOCAL WISDOM IN FORMULATING ASYMMETRICAL DECENTRALIZATION POLICIES IN CENTRAL SULAWESI R. Massi, Randy Atma; Wahyuni
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 2 (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.v6i2.247

Abstract

In the context of asymmetric decentralization in Indonesia, integrating local wisdom into constitutional policy formulation is increasingly crucial, particularly in regions with distinctive cultural governance systems. This article examines how the Sintuvu principle and Madika system of the Kaili tribe in Central Sulawesi can serve as a normative and strategic model in formulating asymmetric decentralization policies. Using a normative-legal approach combined with socio-legal analysis, this study demonstrates that the Sintuvu tradition (collective cooperation) and the Madika governmental structure constitute a contextual governance system that aligns with principles of responsive law and legal pluralism. The study analyzes the Pali customary law, the Libu nu Maradika deliberative council, and Givu sanction mechanisms as concrete manifestations of local constitutional values. This research argues that asymmetric decentralization in Central Sulawesi should not merely adopt a formalistic approach but must integrate Kaili traditional governance values as a foundation for inclusive, contextual, and culturally-rooted policies. The article recommends a specific policy formulation model based on the Sintuvu principle as the philosophical foundation for regional governance that honors local constitutional identity.
EMOTIONAL UNPREPAREDNESS AND MARRIAGE POSTPONEMENT AMONG MUSLIMS: A MASLAHAH MURSALAH ANALYSIS OF WAITHOOD IN PALU CITY Az-Zahra, Hanifa; Salsabila, Nur Saifa; Rahmawati; Ikhlas; Rahmatullah, Nursalam
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 6 No. 2 (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.v6i2.306

Abstract

This study examines marriage postponement (waithood) among Muslims in Palu City through the lens of maslahah mursalah in Islamic jurisprudence, addressing the limited attention given to emotional readiness within existing studies on waithood. Employing a qualitative descriptive design with an empirical juridical and normative theological approach, data were collected through interviews, observation, and documentation involving eight Muslim individuals who delayed marriage due to emotional unpreparedness. The findings identify four dominant psychological and social factors underlying marriage postponement: past trauma, fear of marital failure, family responsibilities, and concerns over post-marital socio-economic stability. Drawing on Imam al-Ghazali’s framework of maslahah mursalah, this study argues that postponing marriage to attain emotional readiness constitutes a form of preventive public interest (maslahah wiqā’iyyah), as it serves the objectives of Islamic law (maqāṣid al-sharīʿah), particularly the preservation of psychological well-being (ḥifẓ al-nafs), rational deliberation (ḥifẓ al-ʿaql), and family continuity (ḥifẓ al-nasl). This research contributes to Islamic family law discourse by reframing waithood as an ethically grounded and legally coherent strategy rather than a deviation from Islamic norms, thereby extending waithood studies into the psychological–emotional dimension within an Islamic legal framework.

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