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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 5 ISSUE 1, JUNE 2023" : 6 Documents clear
The Fiqh Scholars Disclosure on Crewman Boat Friday Prayers Andi Yaqub; Mohd Hafiz Jamaluddin; Andi Fahrunnisa Aulia
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.32995

Abstract

This research aims to investigate the responsibility of serving as a resource for crew members on the boat of a captain, with reference to the traditional school of law in Islamic jurisprudence known as fiqh. Specifically, the focus is on the obligation of Friday prayers for the crew and the different opinions on this matter based on the fiqh madhhab. This research is conducted through a comprehensive review of relevant literature. Primary and secondary data were collected using a descriptive qualitative research method, with the Qur'an and Hadith serving as the primary sources of information. The results showed that Friday prayers are mandatory for Muslim men who meet the requirements and have no old syar'ī. However, there are varying opinions among Muslim Imams regarding the performance of Friday prayers for crew members on board. The Maliki and al-Shafi'i madhhabs of thought believe that Friday prayers are invalid when they are not conducted in a mosque, while the Hanafi and Hambali madhhabs permit Friday prayers to be performed anywhere. Regarding the permissibility of praying on a ship, Imam Abu Hanifah believes it is acceptable to pray on a boat or ship when it is on land. When the ship is not in a confined state on the ground at the port and it is possible to leave the ship, it is forbidden to pray on it. Meanwhile, Imam Malik and Imam al-Shafi'i hold that it is permissible to pray on a ship, even when it is conceivable to leave the ship, as long as the prayer is performed facing the Qibla and its pillars are perfect. Imam Ahmad bin Hambal is of the opinion that it is not permissible to conduct the fardu prayer on a ship if the individual is able to perform the prayer outside the ship.
A Comparative Analysis of Trademark Rights Protection: Perspectives from Islamic Law and Positive Law in Indonesia Muhammad Shuhufi; Firdayanti
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.33009

Abstract

This study aims to identify the premise and types of legal protection for trademark rights, comparing Islamic and positive law to explore their roles in safeguarding these rights. Information technology, while aligned with business advancements, can create loopholes for mark violations Irresponsible acts such as brand piracy pose a significant threat to brand proprietors, making trademark rights a major source of civil disputes and illegal acts. This study conducts a comparative analysis of legal literature, focusing on books about Trademark Rights as the primary data source. Data were collected, analyzed, categorized, and conclusions are drawn. The findings showed two forms of legal protection for trademark, which included preventive and coercive. Preventive measures involve government or institutional warnings and restrictions on obligations, while coercive aspects impose penalties on counterfeiters. In Islamic law, forgery is considered the prohibited action of tazyīf, resulting in the infringement of rights of others.
Reorienting Cash Waqf for Economic Development: A Maqāşid Sharia Perspective Study on the Indonesian Waqf Board (BWI) Case in Parepare Abd. Karim Faiz; Arwin
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.33618

Abstract

Cash waqf, an initiative introduced by BWI Parepare City, initially aimed to alleviate post-Covid-19 poverty in the region. However, its implementation has proven ineffective and counterproductive to local economic development. In order to gain a comprehensive understanding of the issue, a qualitative study was conducted, consisting of interviews at the BWI Office and PCNU in Parepare City, to gather relevant data. The study aimed to provide a description of currency waqf from both a fiqh and positive law perspective, while also conducting a Maqāşid Sharia-centric analysis of the reorientation of cash waqf at BWI Parepare City. The first finding showed that cash waqf involved depositing funds in financial institutions for socioreligious purposes. However, the second finding indicated the issue with the current cash waqf implementation in Parepare City, as it lacked orientation and failed to contribute effectively to economic development. This study discusses the implications of cash waqf in facilitating economic recovery, emphasizing the need for waqf fiqh to align with concepts that genuinely benefit the people and remain adaptable to the prevailing conditions. The aim is to ensure the implementation of cash waqf in a manner that supports economic development and maintains harmony with the present circumstances
Tracing the Rules of Sexual Abnormality in the Islamic Jurisprudence Hannani; Hamza Abed Al Karim Hammad; Zulfahmi AR
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.35794

Abstract

Sexual abnormality or deviation is a social disorder that is considered a violation of social norms and expectations of civility. Such behavior is deemed deviant because it goes against religious rules and values upheld by society. This research aims to establish a middle ground between sexual deviation and Islamic jurisprudence with regard to sexual deviation activities. To achieve this, a comprehensive review of linked data sources was conducted using qualitative and literary research. The findings showed that certain types of sexual deviance such as sadomasochism, exhibitionism, voyeurism, fetishes, and others have not been extensively discussed in fiqh books. According to the rules of Uşul Fiqh, "al-wasāil laha hukmu al-gāyah ", indicates that the law of means (instruments) follows the law of purpose. This shows sexual deviance is considered one of the means to adultery, and as such, it falls under the law of adultery.
'Illat and Wisdom in Use Ultrasonography (USG) during Iddah Period: Comparative Study Muhammad Arafah; Irsan Nur; Sofyan; Mulham Jaki Asti; Andi Muhammad Ridha Rahmatullah
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.35405

Abstract

The Iddah phenomenon is a contemporary issue in which the essence of the Iddah period for women experiences certain problems, including the prohibition of women during their Iddah period from accepting proposals or getting married, lack of understanding of the determination of the Iddah period, gender inequality issues, and conflicting understandings of law and calculation of the Iddah period. Consequently, the use of ultrasound during the Iddah period has become a topic of discussion. This article discusses the contextualization of Islamic law that seeks to place illat and wisdom at the center of cases involving the use of ultrasound during the Iddah period to determine the cleanliness of a woman's uterus, so that the existence of illat becomes the basis for legal istinbat, which then gives birth to wisdom. The research method employed is qualitative with literature review, which attempts to establish a connection between the relevant literature and the article's discussion. This study's findings identify the use of ultrasound during the Iddah period as a criterion for the existence of illat and the wisdom that underlies its legal determination. Therefore, the existence of ultrasonography (USG) during the Iddah period based on a theological approach cannot be used as a benchmark (illat) for uterine hygiene for women and does not affect the essence of the wisdom contained therein, including for matters that are clear and certain that are used to establish and determine whether or not a law exists.
Maslahah Evaluation of Judges' Sentences for Domestic Violence Crimes at the Majene District Court Noercholis Rafid. A; Muhammad Fajri; Khairun Nizam Mohd. Noor
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 5 ISSUE 1, JUNE 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mh.vi.37034

Abstract

The study aimed to analyze the factors that contributed to the judge's lenient sentence towards a defendant charged with domestic violence at the Majene District Court. Additionally, the study sought to examine the maslahah value inherent in the judge's decision. The study conducted was normative research that involved analyzing the decisions made by judges. Additionally, interviews were conducted with multiple judges to gain insights into their decision-making processes. The study employed a normative syar'i approach to examine judges' decisions by utilizing maslahah analysis from Islamic legal theory. According to the study's findings, the judge's decision was influenced by the maslahah value, which prioritized the restoration of the perpetrator's household. This was due to the perpetrator's expression of regret and the establishment of peace between the involved parties. The statement suggests that there is a comparison between the obligation of maintaining a household and the imposition of prison sentences ranging from 1-10 years on perpetrators who are responsible for victimizing their wives. The imposition of prison sentences can have negative consequences for both the offender and society as a whole, as it impacts their ability to meet basic needs.

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