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Al-Muqaronah:Jurnal Perbandingan Madzhab dan Hukum
Published by Sekolah Tinggi Ilmu Syari'ah Darussalam Bermi Lombok Barat
ISSN : 29629640     EISSN : 29639891     DOI : https://doi.org/10.59259
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Muqaronah: Jurnal Perbandingan Madzhab adalah jurnal ilmiah yang diterbitkan oleh Jurusan Perbandingan Mazhab, Sekolah Tinggi Ilmu Syariah Darussalam Bermi sejak tahun 2022 (versi online). Jurnal ilmiah ini mengkhususkan pada kajian pemikiran hukum Islam atau perbandingan hukum umum yang memuat karya-karya ilmiah yang berkaitan dengan pemikiran di bidang hukum, baik hukum umum (positif) maupun hukum Islam. Keberadaan Al-Muqaronah tentunya sangat penting dalam menggali, memperkaya, dan mengembangkan pemikiran dan teori hukum baik itu Hukum Islam maupun Positif.. Dengan demikian, Al-Muqaronah akan memberikan kontribusi positif dalam memperkaya khazanah pemikiran di bidang hukum, baik hukum Islam maupun hukum positif. Jurnal ini berupaya menyajikan berbagai hasil penelitian terkini, baik konseptual-doktrinal maupun empiris, di lapangan. Redaksi “Al-Muqaronah: Jurnal Perbandingan Madzhab” menyambut baik kontribusi berupa artikel yang akan diterbitkan setelah melalui mekanisme seleksi naskah, double-blind peer-review, dan proses editing. Al-Muqaronah: Jurnal Perbandingan MAdzhab dan Hukum terbit dua kali setahun pada bulan Juni dan Desember. Redaksi mengundang para ahli hukum Islam, ulama, peneliti dan ahli hukum untuk menulis atau menyebarluaskan hasil penelitian yang berkaitan dengan isu-isu hukum Islam serta hukum positif. Artikel tidak mencerminkan opini editorial.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 41 Documents
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KOMPARATIF PEMIKIRAN IMAM HAMBALI DAN IMAM SYAFI’I TERHADAP IDAH WANITA AKIBAT CERAI KHULU’ Karuniawan, Fathony; Nuriskandar, Lalu Hendri; Hardiyatullah, Hardiyatullah
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 2 No. 2 (2023): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v2i2.116

Abstract

Khulu' is one of the marriage breakers, as a result of this khulu' divorce causes another legal event, namely the provision of Idah for a woman. According to Imam Hambali's opinion that Idah khulu' is enough with 1 quru khulu' is not divorce is that Allah SWT. stipulates that there are three legal consequences of divorce after dukhul and not divorced three times, and the legal consequences are contrary to the legal consequences of khulu': The husband has the right to refer to his wife as long as she is in Idah, Divorce is three times, so it is not lawful to remarry after the woman has been divorced three times, except if she has married another man and has been mixed, Idah is three times pure. As for according to Imam Shafi'i in the book Al-Umm, Khulu is divorce, As for khulu' which is considered as divorce according to Imam Shafi'i is, when the husband accepts his wife's khulu while intending divorce without intending the amount, then this khulu is a divorce that does not give opportunity for the husband to consult, because this is a kind of buying and selling, it is not allowed for the husband to control his wife's property even the wife has more right to the property. The same is true when the husband says lafazhleisure(separate) orsaraah(dismissal), then this is also considered as divorce even if it is not intended and idah khulu' is like divorce that is 3 times quru/menstruation. The relevance of Imam Hambali's thinking at the present time where idah kulu' is enough with 1 time quru, this is supported by the increasingly advanced technology nowadays that can quickly find out whether a woman's uterus is clean or not with tools such as test packs, USG. While Imam Syafi'i, the relevance of idah khulu' in today's times is not only about cleaning the womb, but idah khulu' 3 times quru holds a health benefit for women. Keywords: Women's Iddah, Divorce Khulu'
PERNIKAHAN BEDA AGAMA DI INDONESIA DITINJAU DARI HUKUM ISLAM DAN HAK ASASI MANUSIA (HAM) Karuniawan, Fathony; Adnan, Idul; Nuriskandar, Lalu Hendri
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 1 No. 2 (2022): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v1i2.117

Abstract

According to Islamic law, interfaith marriages are not permitted because they involve differences in faith. Based on the MUI fatwa Number: 4/MUNAS VII/MU/8/2005 which was issued as a result of the Second National Deliberation on 26 May to 1 June 1980 which determined that marriage between different religions is haram, the reasons are: a. Al-Qur'an Surah Al-Baqarah verse 221 explains that it is forbidden for Muslim men to marry non-Muslim women until they become believers. Apart from that, it also explains that it is forbidden for guardians to marry women under their responsibility to non-Muslim men. b. Al-Quran Surah Al-Mumtahanah verse 10 explains that believing men should not maintain their marriages with non-Muslim women, as well as non-Muslim women should be returned to Muslim men, because their marriages are forbidden by Allah. c. Al-Qur'an Surah Al-Tahrim verse 6 commands believers to guard and protect themselves and their families from the fire of hell. d. The words of the Prophet Muhammad SAW narrated by Imam Al-Tabarani taught that marriage is half of the teachings of religion. And we are instructed to be careful of the rest. e. The words of the Prophet Muhammad SAW narrated by Ibn. Al-Sura'i who taught about the importance of teaching religious education for parents to their children. Law Number 39 of 1999 concerning Human Rights in Indonesia, there is an explanation about freedom of religion, there is also freedom to marry and continue offspring, as stated in Article 10 paragraph (1 ) which states that every person has the right to form a family and continue their offspring through legal marriage. Thus, the right to carry out a marriage is limited by the Marriage Law. Meanwhile, in Article 2 of the Marriage Law, a valid marriage is a marriage carried out based on their respective religions and beliefs. This article is often seen as a prohibition against interfaith marriages, because marriages must be carried out according to their respective religions and beliefs, whereas it is impossible for one marriage to be carried out with two religious ceremonies. Therefore, in carrying out an interfaith marriage, one party should follow the religion of the other party. Religious freedom in Indonesia cannot be fully implemented, because there has been coercion by the institution of marriage on someone to embrace a certain religion in order to carry out a marriage. Keywords: Interfaith marriage, Islamic law, human rights
ANALISIS PENYELESAIAN SENGKETA WARIS PERPEKTIF HUKUM ISLAM DAN HUKUM PERDATA DI INDONESIA Suherman, Suherman; Adnan, Idul
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 1 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i1.161

Abstract

This research aims to analyze the resolution of inheritance disputes from the perspective of Islamic law and civil law in Indonesia. Islamic inheritance law, which is based on the Al-Quran and Sunnah, provides clear guidelines for the distribution of inherited assets with the principles of justice and legal certainty. Meanwhile, civil law regulated in the Civil Code (KUHPerdata) offers flexibility and freedom in managing inheritance through wills and agreements between heirs. The research method used is descriptive-analytical with a qualitative approach, examining statutory regulations, court decisions and related literature. The research results show that although there are fundamental differences in the approaches of these two legal systems, they both have the same goals, namely achieving fair distribution of inheritance and effective dispute resolution. Religious courts and district courts as institutions with authority to resolve inheritance disputes, each have different but complementary mechanisms and procedures. This research suggests the importance of harmonization between Islamic law and civil law in resolving inheritance disputes in Indonesia, as well as strengthening mediation and arbitration mechanisms to reduce conflicts and reach fair agreements for all parties involved.
TINJAUAN HUKUM ISLAM TERHADAP SANKSI PIDANA PENCABULAN YANG DILAKUKAN OLEH ANAK DIBAWAH UMUR MENURUT UNDANG-UNDANF NOMOR 35 TAHUN 2014 Karuniawan, Fathony; Nuriskandar, Lalu Hendri
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 1 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i1.162

Abstract

factors outside the child, such as relationships, education, playmates and so on. Because criminal acts committed by children are generally a process of imitating anything influenced by negative actions from adults or those around them. What factors influence the occurrence of criminal acts of sexual abuse committed by minors, internal factors, namely intelligence factors, age factors, gender factors, while external factors, namely household factors, educational and school factors, children's social factors and social media factors in the resolution of criminal acts of obscenity. committed by minors and criminal sanctions for perpetrators of sexual abuse against children according to Law Number 35 of 2014 can be implemented by the Panel of Judges by applying Article 82 of Law Number 35 of 2014 and Article 290 paragraph 2 of the Criminal Code, if the defendant is proven to fulfill the objective and objective elements. subjective nature contained in these two articles carries a maximum penalty of 15 years in prison and a minimum of 3 years in prison. According to the view of Islamic law, the implementation of criminal sanctions against perpetrators of sexual abuse against children can be applied ta'zir,
PENGARUH PARTISIPASI PUBLIK DALAM PROSES PEMBENTUKAN UNDANG-UNDANG DI ERA DIGITAL: STUDI KASUS PADA UU CIPTA KERJA Sukadi, Muhammad; Nuriskandar, Lalu Hendri
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 1 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i1.167

Abstract

This study aims to analyze the influence of public participation in the process of forming laws in the digital era, with a case study on the Job Creation Law. In the digital era, technology has opened up new opportunities for the public to be more actively involved in the legislative process through various digital platforms. However, although access to the process of forming laws is increasingly easy, the quality and impact of public participation are often still questionable. This study uses a qualitative approach with a case study method to explore the extent to which public participation through digital media influences the process of forming the Job Creation Law. Data were collected through document analysis, in-depth interviews, and participant observation. The results of the study show that although digital technology has increased the amount of public participation, not all public input is adequately considered in the decision-making process. In addition, challenges such as digital exclusion and personal data protection are significant obstacles to increasing the effectiveness of participation. In conclusion, the digital era offers great opportunities to strengthen public participation in the process of forming laws, but improvements are needed in public engagement mechanisms, increased transparency, and privacy protection to ensure that such participation truly has an impact. Recommendations provided include the development of a more inclusive participation platform, increased transparency in the processing of public input, and stricter enforcement of privacy policies. Keywords: public participation, digital era, law formation, Job Creation Law, digital technology.
PENGARUH PUTUSAN MAHKAMAH KONSTITUSI TERHADAP KEWENANGAN PRESIDEN DALAM PEMBENTUKAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG Jumadi, Jumadi; Nuriskandar, Lalu Hendri
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 1 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i1.168

Abstract

This research aims to explore the influence of the Constitutional Court (MK) decision on the President's authority in the formation of Government Regulations in Lieu of Laws (Perppu). In the Indonesian constitutional system, Perppu is a legal instrument used by the President to deal with emergencies that require immediate handling, but this authority often gives rise to debate regarding the limits and conditions for its issuance. MK decisions have a crucial role in interpreting and establishing constitutional parameters for the use of this authority, so this research highlights how MK decisions influence the practice of forming Perppu by the President. This research uses normative juridical methods with a conceptual approach and analysis of relevant Constitutional Court decisions, including case studies of decisions that confirm emergency criteria and procedures for issuing Perppu. The findings of this research reveal that the Constitutional Court's decision has strengthened the principle of checks and balances between the executive and legislative branches, by setting stricter limits regarding the conditions that justify the issuance of a Perppu. Apart from that, the Constitutional Court's decision also emphasized the importance of openness and public participation in the Perppu formation process, as an effort to maintain legal accountability and legitimacy in the midst of an emergency situation. Furthermore, this research shows that the Constitutional Court's decision not only limits the President's authority, but also provides clearer guidance regarding the implementation of the Perppu so that it is in line with constitutional values ??and human rights. In the long term, the Constitutional Court's decisions have the potential to encourage reform in the legal regulatory system, by improving the quality of emergency legislation and strengthening protection of democratic principles. Therefore, this research concludes that the Constitutional Court's decision has a significant impact in ensuring that the President's authority in forming Perppu is used proportionally, appropriately, and in accordance with applicable constitutional provisions. Keywords: Constitutional Court Decision, Presidential Authority, Perppu, Constitution, Democracy, Accountability.
PERAN OMBUDSMAN DALAM MENJAGA GOOD GOVERNANCE DI INDONESIA: ANALISIS DARI PERSPEKTIF HUKUM TATA NEGARA ARMA NURLAILIY, NYI AYU; Nuriskandar, Lalu Hendri
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 1 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i1.169

Abstract

This research aims to analyse the role of the Ombudsman in maintaining good governance in Indonesia from the perspective of Constitutional Law. As an independent state institution, the Ombudsman has the main function of supervising public services carried out by government institutions and state-owned enterprises (BUMN), with the aim of ensuring that public administration runs in accordance with the principles of good governance, such as transparency, accountability and participation. public. This research explores the extent of the authority and effectiveness of the Ombudsman in carrying out its supervisory duties, as well as the challenges faced in ensuring the implementation of the recommendations issued. The approach used in this research is juridical-normative, with data analysis sourced from statutory regulations, decisions and relevant literature. The research results show that although the Ombudsman has contributed significantly in encouraging good governance practices, there are a number of obstacles, such as limited legal authority and resources, which affect the effectiveness of its supervision. In addition, the level of compliance of supervised institutions with the Ombudsman's recommendations still requires improvement. This research suggests strengthening the authority of the Ombudsman through revision of statutory regulations, increasing resources, and closer collaboration with other institutions, both at the national and international levels, to strengthen the role of the Ombudsman in maintaining good governance in Indonesia.  
DAMPAK PELANGGARAN KODE ETIK FIRLI BAHURI TERHADAP KINERJA DAN CITRA KOMISI PEMBERANTASAN KORUPSI (KPK) Darussalam , Mohammad; Budhiartie2, Arrie
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 2 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i2.195

Abstract

The abstract contains the objectives of analyzing the ethical violations committed by Firli Bahuri, the Chairman of the Corruption Eradication Commission (KPK), and their impact on the institution's performance and image. Through a qualitative descriptive method, this study examines media reports, expert opinions, and legal documents to interpret and synthesize the findings. Results indicate that ethical violations by the KPK leader weakened public trust, disrupted institutional performance, and prompted calls for internal reform. It is concluded that stronger ethical enforcement and public accountability are crucial to restoring the integrity of anti-corruption bodies.
FAEDAH SANKSI (KAFFARAH) BAGI MASYARAKAT PERSPEKTIF MAHMUD SYALTUT Husnawadi, Husnawadi
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 2 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i2.196

Abstract

This article aims to describe the kaffarah sanctions for society from Mahmud Syaltuts perspective, the method used in this research is descriptive qualitative research method, data collection is carried out by reading relevant research books such as texbooks, encyclopedias, scientific journals, dictionaries and others, then all data is analyzed critically then interpreted and presented in the form of a description. The research results show that the important benefits of implementing kaffarah sanctions are urgent to be revealed comprehensively so that they can be used as a reference in implementing kaffarah sanctions, according to Mahmud Shawtut, Allah has established kaffarah not only as an atonement for sins and a solution to overcome mistakes that occur to a Muslim, but more than that, so that a servant maintains his spiritual spirit and his relationship with his God.
HUKUM MENIKAHI SAUDARA PEREMPUAN MANTAN ISTRI: (Studi Komparatif Pemikiran Ulama Hanafiyah dan Syafi’iyah) Darlius, Darlius
Al-Muqaronah: Jurnal Perbandingan Madzhab dan Hukum Vol. 3 No. 2 (2024): Al-Muqaronah : Jurnal Perbandingan Mazhab dan Hukum
Publisher : STIS Darussalam Bermi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59259/am.v3i2.197

Abstract

This research aims to find out how the opinions of Hanafiyah and Syafi'iyah on the law of marrying the wife's sister who has been divorced ba'in at the time of divorce. on the law of marrying the sister of a wife who has been divorced ba'in during her iddah her iddah lasts. This research uses a qualitative method with literature data as the primary source. primary source is the book of Fath al-Qodir and Al-Muhazzab Fi Fiqh Imam Shafi'i, then the data is analysed using contents analysis. using contents analysis. The results of the study explain that the reason Hanafiyah scholars prohibit men from marrying because there is still a legal marriage bond and the husband is still obliged to provide nafafaf (maintenance) and the husband is still obliged to provide maintenance during the iddah period, so the husband cannot marry his wife's sister as in the iddah period husband may not marry his wife's sister as Allah says in Surah An-Nisa verse 23. Whereas the opinion of the Shafi'iyah scholars is that the marriage has been divorce ba'in kubra, besides that the husband does not have the obligation to provide nafaqah during the iddah period to provide maintenance during the iddah period of divorce ba'in. So it is permissible for a husband who has divorced his wife with a ba'in divorce may marry the sister of his ex-wife sister of the former wife.

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