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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 7 Documents
 1 
Search results for , issue "VOLUME 4 ISSUE 2, DECEMBER 2022" : 7 Documents clear
Legal Pluralism in the Context of the Distribution of Women's Inheritance: Constellation of State Law, Islamic Law and Customary Law Istiqomah Sinaga; Nurhayati; Hazrul Affendi Mohmad Razali
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.29786

Abstract

This paper is a legal pluralism research on the partition of women's inheritance. It investigates the reality that not all existing and applicable legal laws are being followed. Furthermore, the distribution of women's inheritance is regulated in the Compilation of Islamic Law regarding the share of an heir. There is also a judicial institution that resolves disputes with material law and is accessible to the community. However, it is not always used as a downstream dispute resolution that involves inheritance. The emergence of customary law amongst other diverse sources cannot be ignored as having its place within society, which is frequently used to address normatively controlled legal issues. The results of this study showed the settlement of inheritance is not always handled by trial or litigation, particularly for indigenous peoples in Padangsidimpuan City. Hence, to minimize conflict, it is better to decide inheritance issues by consensus amongst families, with regulations that are ambiguous but geared toward the common interest. This paper is expected to be a study among legal practitioners and academics, even though law has restricted the inheritance share of each heir, and society strives to avoid litigation and settle disputes amicably. Therefore, his study can be pursued by examining whether other indigenous groups handle inheritance disputes in the same manner.
The Urgency of Fiqh Rules Regarding Differences in Eid al-Adha Determination in Indonesia Harwis Alimuddin; Khairil Anwar
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.30132

Abstract

Variations in Eid al-Adha determination is due to the differences in ascertaining the beginning of the Islamic month of Zulhijjah. Furthermore, the discrepancies in establishing the beginning of the Zulhijjah month are due to differences in maţla, which is the location where the new moon appears, as well as variations in the reckoning and ru'yah methods. A qualitative method was used for evaluating, characterizing, and exposing its findings. The method of data collection was literature review, which aims to investigate the origins of differences and discover a compromise solution to decrease or eradicate these variations, or at least to comprehend those that cannot be eliminated. The results showed variations in the location from which the new moon is viewed as well as the methodologies used lead to differences in establishing the beginning of the Zulhijjah month. This leads to differences in the schedule of holidays. Therefore, determining the beginning of the Zulhijjah month needs to be carried out by the leader of the jurisdiction or legal area. There are also disparities in holiday determination due to differences in jurisdictions which cannot be avoided. Hence, the government's decision of one jurisdictional area can remove discrepancies in its territory ḥukm al-ḥākim yarfa'u al-khilāf.
The Position of the Guardian in Marriage Perspective of the Hanafi and the al-Shafi'i Madhhab Rosmita; Andi Nur Afifah; Nasaruddin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.30969

Abstract

This article aims to determine and understand the position of the guardian in marriage according to the Hanafi and the al-Shafi’i madhhab, and its application to Islamic law (fiqh), as well as its actualization in social life. Furthermore, to obtain data and answers to these problems, descriptive qualitative (non-statistical) research was used, which focused on the normative approach method. The results found a difference between the Hanafi and the al-Shafi’i madhhab in viewing the position of a guardian in a marriage. The Hanafi madhhab views that a guardian in marriage is not a pillar but only a sunnah, hence, the absence of the guardian does not affect the ijab-qabūl. This is in contrast with the al-Shafi’i madhhab perspective, which places the guardian as one of the pillars, and the absence makes the consent of the qabūl invalid. There is also a sense of security that arises as a result of the guardian's permission. Therefore, because marriage is a life decision, women's choices need to be based on the instruction and knowledge of the guardian.
The Perspective of Contemporary Scholars on the Zakat Payment of YouTube Google AdSense Income Muhammad Fazlurrahman Syarif; Dewi Purwanti; Fahmiah Akilah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.31860

Abstract

The potential of zakat through the Google Adsense business can be used as an instrument to encourage economic growth. This can be done regardless of the pros and cons among scholars against zakat payment on Google Adsense business income on youtube. Also, this article refers to a literature study with a normative and juridical approach. The results showed several scholars argued that even though the haul had not been achieved, professional or income zakat needs to be issued as long as the nishab had been reached. Some scholars also require professional or income zakat to be issued when the nishab and haul have been reached. Meanwhile, YouTubers and content creators are professionals who are loved by people of all ages and the job is promising in the millennial era with the potential to generate lots of zakat funds. It is hoped that more similar professions with great potential will emerge in the future. Therefore, people who earn from the Google Adsense business on youtube can better understand the payment of zakat from their income. This study can be a basis for further surveys on the development of other professional zakat.
Legal Protection Against Peer-to-Peer Lending-Based Financial Technology Losses: An Analysis of Islamic Law Contracts and Positive Law Abdillah; Sukmawati; Muhammad Fadly Syah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.32022

Abstract

This article discusses the analysis of Islamic legal contracts and positive laws concerning the legal protection against financial technology losses based on peer-to-peer lending. This discussion is based on two raised subtopics namely 1) The importance of legal protection against the losses of the parties involved in this transaction and 2) The analysis regarding the contract used in this transaction, which is based on two perspectives, the Islamic legal contracts and positive law. Furthermore, this qualitative research uses a comparative approach. The data analyzed in this study were both primary and secondary. The primary and secondary data were collected from interviews conducted via different platforms with various related sources and from materials, such as journals, articles, and theses, respectively. The results of this study show the importance of legal protection for every party involved in peer-to-peer lending-based financial technology transactions. Some legal issues that have been frequently experienced, include defaults, misuse of personal data, and even the threat of terror received by debtors. Additionally, reviews regarding the contract in the transaction imposed by the organizer were based on 2 perspectives, namely Islamic law and positive law. The transaction process will only become illegal when it conflicts the Islamic laws with the elements of usury and interest in it. And based on the perspective of positive law itself, if there is a defect or anything contrary to decency or public order, the agreement or contract becomes null and void.
Penghulu’s Contribution to the Strengthening of Religious Moderation in Nunukan Regency Syahrul Afandi
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.32150

Abstract

The aim of this study is to investigate the role of the prince in promoting religious moderation in Nunukan Regency. It is also focus on examining the implementation of religious moderation in the performance of the prince's duties, as measured by the religious moderation indicators of the Ministry of Religion, namely national commitment, tolerance, anti-violence, and accommodation of local culture. This qualitative investigation was conducted at the office space of the Ministry of Religion, Nunukan Regency. Following this, the acquired data in this study were examined in accordance with the theory of Miles and Huberman, including data reduction, data presentation, and conclusion drafting. The results show that the presence of the penghulu in the community as the executor of public services in the kepenghuluan sector and as a religious figure gave the penghulu a strategic role and position in promoting religious moderation in Nunukan Regency. The role of the Penghulu in bolstering religious moderation through the implementation of tasks, such as marriage or reconciliation services and guidance, as well as the development of leadership and guidance for the Islamic community and their religious character, contributes to the maintenance of a safe and hospitable environment in Nunukan Regency, thereby preserving its pluralism. Furthermore, the chieftains in this Regency have generally implemented the four indicators of religious moderation established by the Ministry of Religion through the execution of their duties, activities, and pastoral programs. The role of the penghulu in promoting religious moderation in Nunukan Regency was examined in this study since the description of the penghulu's activities pertaining to handling and assisting the potential for socio-religious conflict has not been thoroughly explored.
Critical Review on Sharia Regulation of Halal Tourism and Its Contribution to Creative Economies Muhammad Majdy Amiruddin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 4 ISSUE 2, DECEMBER 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.33522

Abstract

Sharia Regulation of Halal Tourism and Its Contribution to Creative Economics should be enhanced. Current regulations have not accommodated the creative economy in Makassar. The aim of this study is to 1. Analyze the Halal Regulations associated with the development of halal tourism in the province of South Sulawesi; 2. Analyze the contribution of the Halal Regulations associated with the development of the creative economy in the South Sulawesi province and 3. Analyze the strategy to develop a creative economy in the province of South Sulawesi. In this qualitative study, the collected data, which was specifically from several primary data sources, including the Fatwas, South Sulawesi BPS, the South Sulawesi Tourism Office, and the Tourism Offices of countries that practice halal tourism, was analyzed. Furthermore, the Sharia regulations governing Halal Tourism were extremely restrictive. Only Fatwa No. 08/DSN-MUI/X/2016 regulated it. This constraint harmed several economic sectors, including the availability of infrastructures, information services, and promotional events. It was suggested that policymakers, particularly the Indonesian Ulema Council, should enact regulations that facilitate the development of the creative economy in South Sulawesi, especially those pertaining to infrastructure, information services, and promotion.

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