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Mazahibuna: Jurnal Perbandingan Mazhab
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 26856905     EISSN : 26857812     DOI : -
Core Subject : Religion,
Religion
Mazahibuna: Jurnal Perbandingan Mazhab merupakan jurnal ilmiah yang mempublikasikan karya-karya tulis terkait dengan kajian perbandingan hukum, baik itu antara hukum Islam dan hukum positif, ketokohan mazhab, maupun pemikiran hukum Islam kekinian.
Arjuna Subject : Umum - Umum
Articles 8 Documents
 1 
Search results for , issue "VOLUME 3 ISSUE 1, JUNE 2021" : 8 Documents clear
Criminology in Islam; between Human-Kind and Injustice Hamzah Hasan
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.21238

Abstract

This article aims to highlight controversies regarding the punishment for criminals. Some legal experts consider that punishment in Islamic crimes is contrary to human rights standards. Such differences are reasonable due to differences in standards in viewing human rights. According to Islamic criminal law, human rights are centred on God (theocentric), while according to criminal law, human rights are human-centred (anthropocentric). On that basis, Islamic criminal law views punishing people who commit crimes with any form of punishment does not conflict with human rights because the perpetrators have sacrificed other people. just Islamic criminal law upholds humanity and justice
The Ijtihād of Prophet; Analytical Comparison between Sunni and Shiah Sultan Nur
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.14547

Abstract

This article aims to reveal the nature of Ijtihad in the eyes of linguists and scholars of Usul Fiqh from the Sunni and Shia circles. After that, it goes to the core of the discussion, which is trying to explain what the Ahlusunnah's views regarding Ijtihad on the Prophet are, of course, accompanied by the arguments and arguments—then followed by an explanation of how the Shia perspective on the issue of the Prophet's Ijtihad. The study results show that Ijtihad on the Prophet saw is a classic issue that has been a long discussion, and each has a different view and is supported by accurate and conclusive arguments. Those who support the view that the Prophet SAW in issuing laws for an issue have used the Ra'yu and Ijtihad (Qiyas) methods, and this view is in great demand by the Ahlussunnah scholars. Of course, this view is not without solid arguments. It is even supported by arguments from the Qur'an and hadith, which are the primary basis and source for every problem. The second group argues that it is impossible for the Prophet to Ijtihad in using Qiyas and Ra'yu because everything is clear enough for the Prophet and no longer requires any effort to use Ijtihad to uncover the law of a problem. Supporters of this view are mainly formed from among scholars or scholars of Usul Fiqh of the Imamiyah Shia School.
Mappasoro' Tradition in Mandar; an 'Urf Analysis Sapri Amir; Irfan Lewa
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19303

Abstract

This study aims to determine the views of Islam ('urf perspective) against a tradition that is still commonly practiced by the Mandar community today is the mappasoro tradition, especially in Laliko Village, Campalagian District, Polewali Mandar Regency. This research does not aim to be seen as an act that has implications for reward or sin when it is done or not done, but want to see the values contained in this tradition so that they are still used today. This type of research is field research where the researcher is required to go directly to the field by using a qualitative descriptive research method, namely research that provides an overview of the mappasoro tradition in the 'urf perspective' carried out by the community in the village. This research uses a social approach and a syar'i approacpp. The results of this study indicate that the mappasoro tradition is a tradition that is considered a form of alms that is carried out solely to remember Allah SWT.  even in this tradition it contains religious values, moral values, and cultural values
Land Acquisition for Jenelata Dam Building in Gowa; A Comparative Study Muh. Fiqri Kadir; Rahmatiah HL
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19550

Abstract

This article aims to uncover the views of Islamic law as a universal rule does not only discuss the relationship between humans and God but also the relationship between humans and other humans. The order of life in society as part of the interaction between humans creates various problems. Land becomes an object of economic driving for humans and the state whose users cannot be separated from politics and law, as well as having a function to create life together. The research method used is field research and is qualitative and comparative. Sources of data used in this study come from primary and secondary data. The result of this research is that the purpose of this land acquisition is for the public interest. In Islamic law, land acquisition for public purposes is included in one of the objectives of Islamic law (maqashid syariah). Islamic law teaches to help each other in terms of goodness, by having joint ownership of objects that have been held, the soul is calm because the needs have been provided. An object that is used as a public facility is a valuable asset so that the procurement process also uses a well-ordered system.
Al-Shafi’i Analytical Views on Ritual Pa’batte Tau: Evidence from Jeneponto, South Sulawesi Nur Alim
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19565

Abstract

The background of the author in adopting this title is to find out how the review of the Syafi'i school of thought in the pa'batte tau ritual in Batujala Village, Bontoramba District, Jeneponto Regency. Then the formulation of the problem in this study are: 1). How was the pa'batte tau ritual procession in Batujala Village, Bontoramba District, Jeneponto Regency ?, 2). How do the people of Batujala Village view the pa'batte tau ritual? 3). How is the review of the Syafi'i mazhab of the pa'batte tau di ritual ?. The type or research method in this thesis is a qualitative research method. Qualitative research has three main keys, namely taking facts based on the understanding of the subject, the results of detailed observations and trying to find new theoretical results that are far from existing theories. Qualitative research or what is known as field research, starts with observation, then conducts interviews with the community to obtain accurate data or information as material for the completion of the thesis. The results of this study indicate that: 1). The people of Batujala Village still maintain the pa'batte tau ritual because they think that the tradition aims to summon rain during the prolonged dry season. 2). There are several factors why the pa'batte tau ritual in Batujala Village, Bontoramba District, Jeneponto Regency is still being maintained, one of which is the economic factor. 3). Based on the review of the Syafi'i mazhab, it has been enacted to pray istisqa if you want to call rain. The implications of the results of this study are: 1). It is necessary to instill religious values and moral values for each community so that they know which actions violate religion and which violate cultural customs. 2). The community should be more careful in deciding everything, especially in the matter of the pa'bate tau tradition so that its implementation can run according to the prevailing religion and customs. 3). This research is expected to be the preservation of the pa'batte tau tradition for the community so that no one deviates and goes outside the boundaries of religious values and even customs
Variations in Shaf Distance in Prayer; Comparative Study Between the Shafi'i School and the Maliki School Muh Ikbal
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.20383

Abstract

Prayer is one of the many obligatory matters imposed on Muslims. Therefore, in carrying out prayers, it should be done specifically, such as closing the shaf for the perfection of the prayer. But the problem that then arises is due to the Corona Virus Disease (Covid 19) phenomenon or event. The government's efforts to suppress the spread of Covid 19, one of which is the distance to prayer shafts. Prayers that are spaced apart certainly create new legal problems among Muslims. The purpose of this research is to find out the legal basis for shaf salat, the argumentation of fiqh principles on shaf salat changes and the views of the Syafi'I and Maliki Schools on shaf changes. The research method used is library research which is analytical and comparative in nature. Sources of data used in this study are secondary, primary and tertiary.Keywords: Prayer Shaf; Prayer; Imam of the School
Is There Any Rukhṣah in Performing Praying During Covid-19? Maqashid Sharia Analysis Syahrul Nizam; Mulham Jaki Asti
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.19687

Abstract

The application of rukhṣah in prayer during the Covid-19 pandemic requires a deeper understanding so that the application of rukhṣah is truly implemented in accordance with the corridors that have been determined by Islamic law. Researchers found that the application of rukhṣah in prayer has been carried out in all areas affected by the pandemic even though in some areas they did not take rukhṣah in prayer. However, the mind will be able to think well about the problems of society in accordance with the principles of maqashid sharia, so that it still prioritizes taking rukhṣah  rather than forcing the will. The policy on easing congregational prayers, eliminating Friday prayers and physical distancing for congregational prayers carried out by the government and the MUI is an effort to prevent the spread of COVID-19 which leads to the achievement of maqashid sharia so that it provides benefits even in an emergency. The research method used is library research and is qualitative in nature. Sources of data used in this study sourced from primary and secondary data. The results of this study are that it is the ability to cover the genitals for children as a form of caution to avoid unwanted things. Keywords:Rukhṣah; Prayer; Covid-19; Maqashid Shariah
Comparative Analyses of Maliki and Hanbali Thought on Waqf Istibdāl Nanda Arisqa Lapatantja; Muammar Bakry
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 1, JUNE 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i1.21129

Abstract

This article aims to describe and Analyze dissent from Maliki and Hanbali on the practice of istibdāl endowments and endowment empowerment adopted by Act No. 41 of 2004. Type this research is the library which is based on data management obtained from several kinds of literature. This research approach uses a normative approacpp. This study indicates that there are differences in the views of the Maliki School and the Hambali School related to the practice of istibdal waqf. In this paper, the opinion of the Maliki School distinguishes two categories in the practice of istibdal waqf, namely movable waqf property and immovable waqf property. Movable waqf property is allowed to practice istibdal waqf because the movable waqf property can no longer be used. At the same time, the waqf property that does not move is not allowed to practice istibdal except with emergencies such as the expansion of masjid, cemeteries, and public roads, unlike the case with the Hambali School, which does not distinguish movable waqf property or immovable waqf property. This school prioritizes the benefits of the waqf. If the community can no longer use it, it is permissible to practice istibdal following its terms and conditions. Moreover, the ability to practice istibdal waqf in the Hambali School is quite relevant to conditions in Indonesia, following Law Number 41 of 2004 concerning waqf, which both aim to optimize the benefits of waqf and empowering waqf assets 

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