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Abdul Syatar
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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 6 Documents
 1 
Search results for , issue "VOLUME 3 ISSUE 2, DECEMBER 2021" : 6 Documents clear
Talkīn Dead Before and After Buried; an Analysis of the al-Shafi'i and Maliki Schools of Thought Muhammad Tabran; Abdul Halim Talli
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 2, DECEMBER 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i2.22003

Abstract

This article examines the analysis of the views of the al-Shafi'i and Maliki schools on the talqīn of the dead before and after being buried. The type of research used by the author in this study is a qualitative research type, which is a type of research that brings library research data sources in the form of books or other scientific works. using a normative approach (shari'a), which is an approach to the problem that will be studied based on texts in the Qur’an, Sunnah, and Ijmak of the scholars and obtained from various literatures related to the problems that the author will discuss, both sourced from primary and secondary data. secondary data. The results of this study found differences in views between the scholars of the al-Shafi'i School and the Maliki School regarding the legal status of talqīn before and after burial, using the legal istinbath technique of each school. The al-Shafi'i school of thought is of the view that the law of talqin before being buried or in a state of death is sunnah as well as after being buried based on the arguments and istinbath of the school's law. Unlike the Maliki school of thought, the law of talqīn before burial is sunnah, and the law of talqīn after being buried is makruh, based on the legal argument that after burial it is considered weak. Keywords: Talqīn Dead; Burial; al-Sha’fii School; Maliki School.
Sexual Deviation of Animals Between Law and Sharia: a Comparative Analysis Sri Astuti Ana Darwis; Abdul Wahid Haddade; Andi Muhammad Akmal
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 2, DECEMBER 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i2.22017

Abstract

Bestiality is a form of sexual perversion. Bestiality perpetrators seek sexual satisfaction by making animals objects of sexual satisfaction, which is considered to deviate from legal norms, religious norms, and moral codes that apply in society. This article aimed to discuss the comparison of Islamic law and positive law regarding the sexual perversion of animals. This study employed qualitative with a comparative descriptive research approach. The results of this study indicated differences of opinion between Islamic law and positive law regarding the sexual perversion of animals. Based on the different views of Islamic law in response to this case, some people were allowed, and some were not allowed. Meanwhile, some people stated that the incident must be subject to sanctions and fines from a positive legal perspective. The implication of this study was to prevent bestiality (sexual activity of animals), it is necessary to have strict and concrete rules to protect the next generation of the nation, as a good legal policy as well as renewal of Islamic law and positive law as well as protection of animals. Providing information is very necessary through maximum socialization to the public about the law of consuming animals that humans have fertilized.
Islamic Law and Positive Law in Indonesia’s Transgender Behavior Radatilla; Siti Aisyah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 2, DECEMBER 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i2.22035

Abstract

Transgender Issues in Islamic Law and Positive Law are the focus of this article. A multidisciplinary technique, specifically a normative-juridical approach, is used to address these questions and analyze descriptive data. This study is classified information. Analyzing representative literature and making sure its content is relevant to the issues being debated are all part of the process of conducting this form of library research. Researchers concluded that transgender is the transfer of behavior between men and women that is socially manufactured, essential differences between men and women that are not natural or decided by Allah SWT, but rather the result of the actions of both men and women themselves. It's still up for dispute whether or not there are transgender people in Indonesia. They can do whatever they want as long as the organization accepts that transgender individuals have the same human rights as everyone else. Changing one's gender is not a mental illness. Transgender people, on the other hand, are particularly vulnerable to mental health issues brought on by internal struggle and external pressure
Return of Stored Goods; Comparative Analysis of the Laws between the Shafi'i and the Hanafi School Hazrazil; Irfan Lewa
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 2, DECEMBER 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i2.22272

Abstract

This article discusses the punishment for thieves who return stolen goods from the perspective of the Syafi’i school and the Hanafi school. The type of research used by the author in completing this research is qualitative research which is a type of literature research conducted by finding and reviewing written sources such as books and so on. This research uses a juridical normative approach, which is the approach used in relation to the core issues obtained by various sources of literature both primary and secondary or based on the Qur'an, sunnah and consensus of scholars. The results of this study have shown that there are differences and similarities of opinion between the Syafi'I school and the Hanafi school with their respective methods of legal inference. Based on the opinion of the Syafi'i school that if a thief takes the property of another person then the thief gives back the property in a state known to the owner of the goods or not known at all and has been reported to the authorities or not reported then the thief will not escape punishment because it has exceeded two rights, namely the rights of God and human rights. The right of God in question is to violate the command or decree that has been established by God Almighty that stealing is forbidden, and the human right that is violated is to take property that is not his at all. Whereas the Hanafi sect of thieves will not be subject to a limit penalty if the perpetrator returns in circumstances not yet known to the owner and either has been reported or not to the judge. The thief is sentenced to a limit if he returns it after the owner knows because it can cause anger that leads to a limit penalty
Analysis of the Sibaliparriq Concept from a Gender Equality Point of View; Examining the Views of Nahdatul Ulama and Muhammadiyah Dermawan; Nasya Tisyfa Taudiyah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 2, DECEMBER 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i2.22906

Abstract

This study entitled Gender Equality Analysis of the Sibaliparriq Concept in Polewali Mandar Regency (Study of the View of Nahdatul Ulama and Muhammadiyah) puts it into three problem formulations, among others are: How is the Sibaliparriq concept in Polewali Mandar? How do community leaders in Polewali Mandar view Sibaliparriq? And how are the views of Nahdatul Ulama and Muhammadiyah in Polewali Mandar towards Sibaliparriq in line with gender equality in Islam? In answering these problems, the author uses a sociological approach, which is a social approach that studies living together in society. This type of research is field qualitative or field research, which clearly describes the location and object to be studied, systematically, factually and accurately. The data sources used are primary data sources, namely parties or sources who have direct contact with Sibaliparriq's behavior, or sources obtained from informants through observation and interviews. While secondary data sources, namely data obtained in writing or research results about Sibaliparriq, as well as other sources that can add data to this research. The results of this study are about the Sibaliparriq culture adopted by the Mandar community, especially Patoke Village, Sulaluang Village, that the concept of Sibaliparriq which means helping each other, working together, between husband and wife in the household, for example the husband goes to the rice fields, the wife at home also takes busy selling, with this Sibaliparriq very helpful especially in improving the economy in the household, which has become the grip of the mandar community that there will be no problems in the household when there is awareness from a wife to help her husband, for the sake of creating harmony in the household. In addition, Sibaliparriq is certainly very in line with the teachings of Islam, there is no prohibition against a wife working to help her husband, departing from this understanding, it is explained in the Koran (QS al-Nahl 16:97) that Allah does not discriminate between men and women
Implication of Local Wisdom in Islamic Law Compilation Legislation Harwis Alimuddin; Tahani Asri Maulidah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 3 ISSUE 2, DECEMBER 2021
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.v3i2.24982

Abstract

The approach of compromise with local customs (al-‘urf al-khāṣ) in formulation of KHI especially to anticipate the formulation of legal values which is not found in special nas (Koran and Hadits). While the values of the law has grown and evolved as an indigenous norm in the customs of Indonesian society. In addition, the practical level of local customs values that bring goodness and harmony in community life.The possibility of approaching compromise with local customs is not limited to the adoption of local culstoms law values to be adopted and made into Islamic legal provisions, the compromise approach includes also integrating the development of existing Islamic legal values with local customs legal values . The goal is making the provisions of Islamic law more closer to the value of life awareness in society (living law). This kind of methode can be expressed in a phrase: “Islamizing local customs and simultaneously bringing Islamic law into the local customs”.

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