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Auliya Ghazna Nizami
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INDONESIA
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam
Published by Universitas Islam Negeri Sunan Ampel
ISSN : -     EISSN : 30261643     DOI : https://doi.org/10.15642/komparatif.v3i2
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Komparatif furnishes an international and regional scholarly forum for research on Comparative Mazahib, Law, and Islamic Thought. Taking an expansive view of the subject, the journal brings together all disciplinary perspectives. It publishes peer-reviewed articles on the historical, cultural, social, philosophical, political, anthropological, literary, artistic and other aspects of Comparative Mazahib, Law, and Islamic Thought in all times and places.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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A Review of Fiqh and Compilation of Islamic Law on the Marriage Status of Apostate Couples: A Case Study of Kayu Kebek Village, Tutur District, Pasuruan Regency Nahar Luthfillah, Sulthon
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 5 No. 1 (2025): June
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v5i1.2585

Abstract

The marital status of a partner who is an apostate or changes religion in marriage in Law No. 1 of 1974 does not involve the breaking of a marriage bond. But in the Fiqh of a partner who apostates, the marriage bond is automatically annulled or the marriage bond is dissolved. According to Fiqh experts, if one of the partners, be it husband or wife, changes religion or apostates, then the marriage is said to be fasakh or the breaking of their marriage bond. In the Compilation of Islamic Law, article 115 states that divorce can only be carried out in front of a religious court, if they do not file for divorce in court then the marriage is still considered valid. As is the case in Kayu Kebek village, Tutur subdistrict, Pasuruan regency. In Kayu Kebek village there are several couples who change religions or apostatize during marriage. The main question in this research is what is the marital status of couples who have apostatized from the perspective of Islamic Law and the Compilation of Islamic Law? To answer this question, the author uses a normative juridical approach by using field research to obtain these data. The author uses two data sources, namely primary data sources obtained from interviews while secondary data obtained from laws. Marriage, KHI Hadith and rules of Fiqh.
Distribution of Social Assistance by Election Candidate Pairs according to Ulama' Nahdlatul Ulama and Muhammadiyah Nada, Nihalun; Sunan Umam, Zulfi; Musta'an Najikh, Ahmad
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 5 No. 1 (2025): June
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v5i1.2597

Abstract

Abstract: Social assistance distributed by pairs of election candidates during the campaign has caused debate among politicians and clerics. With this case, the two largest community organizations in Indonesia, namely Nahdlatul Ulama and Muhammadiyah, gave a fatwa on the distribution of social assistance during the campaign period. This study explains and analyzes the problemof social assistance which is equated with money politics and compares the opinions between Ulama Nahdlatul Ulama and Ulama Muhammadiyah. The data in this study was collected using library research. The data analysis technique uses the techniqueof descriptive analysis and comparative approach to analyze the similarities and differences of the opinions of Nahdlatul Ulama and Muhammadiyah. The results of this study conclude that Nahdlatul Ulama and Muhammadiyah gave a fatwa that receiving social assistance from the pair of election candidates during the campaign period is haram. This is because social assistance is equated with money politics and risywah which is legally haram. However, both of them gave the fatwa only as a suggestion, not as a binding Islamic law. This is because both consider the economic situation of the Indonesian people.
Musdah Mulia's Thoughts on Women's Reproductive Rights in Islam Aziz, Muhammad Hilmi
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 5 No. 1 (2025): June
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v5i1.2656

Abstract

Abstrak: Reproductive rights are a crucial issue that must be advocated for. Musdah Mulia is one of the prominent figures deeply concerned with this matter. This article aims to examine Musdah Mulia's thoughts on reproductive rights and analyze their alignment with the principles of maqāṣid al-sharī‘ah. The study draws from her books, YouTube channel, podcasts, and seminar presentations, which are then analyzed in relation to the objectives of Islamic law. There are seven reproductive rights identified in her discourse: the right to express sexual desire equally with men; the right to refuse sexual intercourse; the right to decide if and when to become pregnant; the right to determine the number of children; the right to choose whether or not to marry; the right to access healthcare services; and the right to obtain accurate and adequate information regarding reproductive rights and health. The protection of these reproductive rights falls under al-maqāṣid al-ḍarūriyyāt, which are the essential objectives of maqāṣid al-sharī‘ah, as women's reproductive rights constitute a fundamental aspect of life that ensures the proper functioning of both religious and human affairs. Neglecting these aspects leads to disorder and injustice..
Fatwa on the Marriage of a Person Who Has a Deviation of Sexual Orientation in Islamweb.net from the Perspective of Maqāṣid al-Sharī'ah Aisyah, Nabilah Rohadatul; Tussa’banniya, Nabila; Abida, Rossana Farah; Musyafa’ah, Nur Lailatul
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 5 No. 1 (2025): June
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v5i1.2657

Abstract

Nowadays, more and more people have a deviant sexual orientation. The laws of their marriage, both same-sex and of different sexes, have caused legal debate among clerics, including on websites. This study aims to examine the fatwa of islamweb.net scholars on marriage for someone who has a deviant sexual orientation. This research is a normative legal research with a conceptual approach. Primary data is collected through the fatwa of islamweb.net clerics, while secondary data comes from books and scientific articles. The collected data was analyzed descriptively with the theory of Maqāṣid al-sharī'ah. The results of the study show that islamweb.net clerics view homosexuality as a form of deviance that needs to be cured through spiritual and medical approaches, with heterosexual marriage as "sharia therapy". This marriage is recommended if there are no biological disorders that hinder the relationship between husband and wife. This fatwa reflects the purpose of the shari'a in preserving religion (ḥifẓ al-dīn), honor (ḥifẓ al-'ird), and heredity (ḥifẓ al-nasl), but on the other hand, it has social implications for the LGBT community, which is still positioned as a deviant group. A more inclusive and equitable approach to maqāṣid is needed to bridge the gap between religious norms and human rights principles.
صفة التجدد والحياة للفقه الإسلامي: نظام مقاصد الشريعة المعاصر Ghazna Nizami, Auliya; Prima Pratista, Farida
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 5 No. 1 (2025): June
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v5i1.2773

Abstract

Sometimes, it might be seen that the contents of Islamic jurisprudence is a set of laws or regulations, whether religious or social, that manage the matter of life and its source the Almighty, that does not accept change at all, if we try to change it, the attempt might be known as an attempt to make bid’ah in religon-which is forbidden in Islam-. Even atheists and extremists in religion have inferred it to justify all the radical behavior that has remained under the umbrella of religious jihad. Jasser also saw those conditions in a city-London- that has a high level of security and elements that guarantee security and make it its starting point to get rid of the symbol of atheism and extremism from religion, whatever the religion - especially the religion of Islam - because religion is in its nature spreading safety, not in the position of spreading fear to scare people then runaway from it. Jasser saw that the trait of “renewable” and “alive” is what was completely absent from religion - from the viewpoint of its adherents - and tried to find these traits of the religion itself, because he believed that religion is the solution and not a source of the problem. This research spoke about the foundations of Jasser’s academic and scientific endeavors to make religion go hand in hand, like the solution, with modernity and endless realities. And he invented that the religious system corresponding to modernity must possess the six factors, namely: the cognitive nature of systems, wholeness, openness, and the hierarchical structure of interrelated hierarchy and multi-dimensionality and the Purposefulness or Goal-oriented.

Page 5 of 5 | Total Record : 45

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