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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 65 Documents
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Body Shaming in Contemporary Islamic Law: A Comparative Analysis of the Ja’fari Methodology and Al-Ghazali’s Maqashid Approach Rahmat Gilang
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 7 No. 1 (2026)
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.v7i1.246

Abstract

The phenomenon of body shaming on social media demonstrates how digital spaces can give rise to new forms of harassment that impact individuals’ dignity and psychological well-being, calling for a reinterpretation of Islamic law through contemporary ijtihad. This study examines the application of contextual ijtihad in addressing body shaming by comparing the Ja’fari istinbath methodology with Al-Ghazali’s maqashid approach through qualitative research. The findings indicate that the Ja'fari istinbath methodology, which positions reason as the third source of law after the Qur’an and hadith, offers greater scope for formulating legal provisions on digital ethics and social media harassment. Meanwhile, Al-Ghazali’s maqashid approach emphasizes safeguarding the five basic human needs (al-kulliyyat al-khams), particularly hifdz al-nafs and hifdz al-‘aql, directly related to dignity and psychological integrity. Both approaches converge in affirming the urgency of preserving human dignity as a core objective of Sharia. This study concludes that integrating the Ja’fari methodology and Al-Ghazali’s maqashid provides a comprehensive foundation for an Islamic legal response to body shaming, encompassing prevention, victim protection, and behavioral rehabilitation for perpetrators.
A Comparison of the Reconstruction of Zakat Collectors’ Rights: Comparative Analysis of MUI Fatwa No. 8/2011 and Irsyad Fatwa No. 168/2022 Regarding the Operational Deficit of Zakat Institutions Annisaa Hakim; Mohamad Athoillah; Fathimah Madaniyyah; Fahmi Hasan Nugroho
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 7 No. 1 (2026)
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.v7i1.314

Abstract

Zakat collection agencies in Indonesia and Malaysia face operational deficits due to limitations on the rights of zakat collectors, even though zakat collection continues to increase. This study aims to compare MUI Fatwa No. 8 of 2011 and the Federal Territory Mufti’s Irsyad al-Fatwa No. 168 of 2022 regarding the limitations on the rights of zakat collectors. Using a normative qualitative approach with descriptive-analytical methods and literature review, the analysis is framed by the theories of Maqasid al-Sharia and Maslahah Mursalah. The results show that the MUI Fatwa emphasizes flexibility without fixed limits to adapt to operational contexts, while the Irsyad Fatwa strictly limits the fee to 1/8 to uphold the trust in accordance with the Shafi’i school of thought. These differing approaches impact operational efficiency and public trust: flexibility enhances efficiency but requires strict oversight, while rigid restrictions build trust but hinder institutional performance. This study enriches the discussion on contemporary fiqh muamalah and offers policy recommendations for sustainable zakat management.
STRATEGIES AND CHALLENGES IN PREVENTING STUDENT AND YOUTH BRAWLS AS A CRIMINAL ACT: AN ISLAMIC LAW PERSPECTIVE Hamzah Hasan; Fadhliah Mubakkirah; Nurul Lutfiah Sultan; Haeni Mukti; Arfah
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 7 No. 1 (2026)
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.v7i1.325

Abstract

The phenomenon of student and youth brawls represents a recurring form of collective violence with serious implications for personal safety, public order, and social stability. This article analyzes strategies and challenges in preventing student and youth brawls as criminal acts from an Islamic legal perspective, employing a normative-juridical and socio-legal approach grounded in uṣūl al-fiqh principles. The findings reveal that student and youth brawls constitute acts fundamentally contrary to the primary objectives of Islamic law (maqāṣid al-sharīʿah) and are therefore subject to prevention under several fiqh principles. From an uṣūl al-fiqh standpoint, the prevention of student and youth brawls must be understood not merely as a reactive response to consequences, but as a proactive effort to eliminate potential harm through a systematic preventive framework. Nevertheless, effective implementation remains hindered by several persistent challenges, including the normalization of a culture of violence among adolescents, the pervasive influence of digital media, weakened social control mechanisms, and the growing gap between Islamic legal norms and contemporary social realities. This article argues that synergy among Sharia values, state policy, and active community participation constitutes a fundamental prerequisite for effective student and youth brawls prevention in modern society.
UNREGISTERED POLYGAMOUS MARRIAGE: A SOCIO-LEGAL STUDY IN POMBEWE VILLAGE, INDONESIA Fakhri Ramdani; Sapruddin; Hamiyuddin
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 7 No. 1 (2026)
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.v7i1.344

Abstract

This study examines the practice of unregistered polygamous marriage (poligami siri) in Pombewe Village, Sigi Biromaru District, through the lens of Indonesian positive law and socio-legal reality. Employing an empirical juridical method with a socio-legal approach, data were collected through in-depth interviews with community members, husbands who contracted unregistered polygamous marriages, and their legal wives, and analyzed qualitatively. The findings reveal that unregistered polygamous marriage persists despite clear legal requirements under Law Number 1 of 1974 on Marriage mandating Religious Court approval and formal registration. Its persistence is driven by economic pressures, deteriorating domestic relations, selective religious interpretation, and the deliberate circumvention of the legal wife's consent. Sociologically, the practice inflicts compounding harm: psychological distress and social stigma upon the legal wife, legal and social uncertainty for the unregistered wife, and administrative obstacles and discrimination for children of such unions. Legally, the practice violates Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law, rendering the marriage without legally recognized consequences for all parties under the national legal system.
ANALYSIS OF THE IMPLEMENTATION OF THE KALEKE VILLAGE HEAD REGULATION NO. 1 OF 2024 FROM THE PERSPECTIVE OF FIQH ECOLOGY Moh Helmi; Sitti Aisya; Wahyuni
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 7 No. 1 (2026)
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.v7i1.357

Abstract

This study aims to analyze the implementation of the Kaleke Village Head Regulation (Perkades) No. 1 of 2024 concerning the Spring Water Maintenance and Management System and to examine it from the perspective of Fiqh Ecology. The research employed an empirical juridical method using sociological jurisprudence and statute approach. Data were collected through interviews, observations, and documentation and analyzed qualitatively using descriptive analysis. The findings indicate that the Perkades has been implemented through collaboration among the Village Government, the Village-Owned Enterprise (BUMDes), and the Tourism Awareness Group (Pokdarwis) in Spring Water conservation, water-use monitoring, public education, and conservation fee management. The implementation has been supported by community participation and religious values; however, challenges remain, including unauthorized water extraction using water pumps (alkon), domestic activities around the spring area, suboptimal public compliance, and the need for greater transparency in conservation fund management. From the perspective of Fiqh Ecology, the implementation of the Perkades reflects the principles of tauhid, khalifah, amanah and mas'uliyyah, justice (al-'adl), and the prohibition of environmental destruction (nahy 'an al-fasād). The conservation fee of IDR 1,000 per gallon serves as a conservation financing mechanism rather than a form of commercialization of water.

Page 7 of 7 | Total Record : 65

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