Muqaranah
Muqaranah adalah jurnal yang diterbitkan oleh Prodi Perbandingan Mazhab Universitas Islam Negeri Raden Fatah Palembang dengan ISSN 2809-3658 dan E-ISSN 2809-4832. Muqaranah terbit dua kali dalam setahun yaitu pada Juni dan Desember. Jurnal ini menerbitkan konsep dan makalah penelitian terkini tentang perbandingan mazhab dan hukum. Muqaranah adalah jurnal yang menerbitkan artikel-artikel yang berkaitan dengan perbandingan-perbandingan mazhab maupun hukum, seperti: perbandingan mazhab maupun hukum dibidang hukum pidana, hukum perdata, hukum adat, hukum Islam, hukum pidana Islam, hukum perdata Islam, hukum keluarga Islam.
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<![CDATA[Hukum Perempuan Sholat Berjamaah di Masjid ]]>
<![CDATA[Cholidi Cholidi]]>;
<![CDATA[Zuraidah Zuraidah]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.18221
<![CDATA[Congregational prayers in Islam have added value. Likewise praying in the mosque has additional appreciation from Allah Subhanahu wa Ta'ala. Especially if the prayers are performed in congregation and carried out in the mosque. But in daily reality there are those who judge that congregational prayers performed at the mosque by women are not a good deed. Therefore, this article discusses the issue of how the law holds congregational prayers for women in mosques according to the perspective of madhhab scholars. The purpose of this study was to examine the legal basis for congregational prayers at the mosque for women based on the opinion of the Islamic scholars. This research is a literature research by examining the treasures of the book referred to by the school's scholars. From searching this article, it was found that the opinion of madhhab scholars absolutely prohibits (forbids) women from participating in congregational prayers at the mosque.]]>
<![CDATA[Istibdal Wakaf Sebagai Solusi Pendayagunaan Benda Wakaf Masa Post Covid-19: Analisis Pendapat Ulama Mazhab ]]>
<![CDATA[Tiswarni Tiswarni]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.18315
<![CDATA[This paper explaines the necessity to maintain the sustainability of the benefits of waqf objects, especially waqf for health facilities through istibdal waqf after the Covid-19 pandemic. When the pandemic hit the country, many people were infected by the corona virus outbreak, thus inspiring several Islamic philanthropic institutions to participate in easing the burden on the society and government by raising waqf funds directed at the procurement of medical devices. After Covid-19 hit, even in some regions, there were calls to lift the "pandemic" condition to endemic, then medical devices derived from waqf became no longer used. This makes several institutions, namely Dompet Dhuafa and the Qur'an Waqf Board, think hard about how to utilize the waqf of health facilities so that they continue to benefit the community. The research problem in this paper is how istibdal waqf is a solution to maintain the sustainability of the utilization of waqf objects in the post-COVID-19 period. This type of research is Islamic legal research with qualitative methods. Data were obtained through interviews and documentation and analyzed inductively. The results showed that Dompet Dhuafa and the Qur'an Waqf Board in maintaining the sustainability of the benefits of waqf objects donated several waqf medical devices to several health facilities. Even though giving waqf objects is not allowed by scholars. The solution that DD and BWA can do is to conduct istibdal waqf, so that waqf objects can still be used mauquf 'alaih and are in line with the opinion of the sunny mazhab scholars and positive law in Indonesia.]]>
<![CDATA[Sanksi Terhadap Pelaku Kekerasan Pada Anak Yang Mengakibatkan Luka Berat ]]>
<![CDATA[Meli Dwi Anggraini]]>;
<![CDATA[Siti Zailia]]>;
<![CDATA[Armasito Armasito]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.16960
<![CDATA[Recently there has been frequent violence against children which of course violates children's rights. Various types of violations against violence against children seem to assume that children do not have rights to be protected. The main problem of this research is how to study Islamic law and positive law against sanctions on juvenile crimes that result in serious injuries in Decision Number: 1961/Pid.Sus/2016/PN .Plg. The purpose of this research is to examine the sanctions for perpetrators of crimes against children both in terms of Islamic law and positive law. The type of research used is literature (library research) which is analyzed using descriptive analysis techniques. The approach method is comparative, namely comparing Islamic law and positive law regarding sanctions for perpetrators of child crimes. The results of this study reveal that the judge's considerations in convicting criminals against perpetrators of violence against children who cause serious injuries in Decision Number: 1961/Pid.Sus/2016/PN .Plg. That is, the judge has first considered the facts at trial. In Islamic criminal law, criminal acts are punished with ta'zir, that is, in accordance with the actions and the decision is left to the ruler's policy or law. The difference between the two laws is that the witness imposed on the perpetrators of abuse according to law number 13 of 2014 is in the form of imprisonment, whereas in Islamic law it is in the form of qishas, diyat and ta'zir punishments.]]>
<![CDATA[Penyelesaian Sengketa Ekonomi Syariah Ditinjau dari Peraturan Mahkamah Agung Nomor 14 Tahun 2016 dan Hukum Islam ]]>
<![CDATA[Nurhaliza Faras]]>;
<![CDATA[Ema Fathimah]]>;
<![CDATA[Bitoh Purnomo]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.17194
<![CDATA[The many problems of sharia economic disputes have not all been resolved because the judges who resolve the problems of sharia economic disputes are not special judges who are capable and certified in handling sharia economic disputes. For this reason, this thesis was created to answer this problem, consisting of two problem formulations, namely: What are the Procedures for Settlement of Sharia Economic Disputes in View of Supreme Court Regulation Number 14 of 2016 and Islamic Law? The type of approach method used is qualitative method or literature study whose research uses written data such as books, journals, papers, as well as decisions of the Supreme Court and laws, or from document to document related to this research. From the results of this study it can be concluded that in the settlement of Islamic economic disputes in terms of Perma No. 14 of 2016 it is carried out in two ways, namely simple lawsuits and ordinary lawsuits while in Islam it is carried out by means of peace, arbitration, Al-Qadha.]]>
<![CDATA[Studi Komparatif Terhadap Hukum Penyucian Kulit Bangkai Dengan Cara Disamak Menurut Ibnu Qudamah Al-Maqdisi dan Imam Asy-Syaukani ]]>
<![CDATA[Siti Nuryana]]>;
<![CDATA[Legawan Isa]]>;
<![CDATA[Ikhwan Fikri]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.17199
<![CDATA[This article discusses the law on the utilization of animal carcass skins after going through the tanning process. The main issues to be analyzed are: the views of Ibn Qudamah Al-Maqdisi and Imam Asy Syaukani regarding the law of purifying carcass skins by tanning; the similarities and differences of opinions regarding purifying carcass skins by tanning according to Ibn Qudamah Al-Maqdisi and Imam Asy-Syaukani. The purpose of this study is to find out the views of Ibn Qudamah Al-Maqdisi and Imam Asy Syaukani and the similarities and differences regarding the law of purifying animal carcasses by tanning them. This research uses the type of research Library Research, with qualitative research methods. In data collection techniques, the author uses secondary data, namely the book Al-Mughni Volume 1 by Ibnu Qudamah Al-Maqdisi and the book Nailul Authar Volume 1 by Imam Asy-Syaukani then these data will be compared descriptively comparatively. After going through a comparative analysis process, that the views of Ibn Qudamah Al-Maqdisi and Imam Asy-Syaukani have different views regarding the purity of animal carcass skins after being tanned, according to Ibn Qudamah Al-Maqdisi, animal carcass skins both after and before being tanned cannot become holy so they cannot be the skin is used, while Imam Asy-Syaukani believes that after going through the tanning process, the carcass skin can become holy and its uses can be utilized.]]>
<![CDATA[Pandangan Tokoh Organisasi Keislaman Terhadap Fatwa MUI Tentang Shalat Berjamaan Masa Pandemi Covid-19 ]]>
<![CDATA[Nurul Hijrah]]>;
<![CDATA[Syaiful Aziz]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.17336
<![CDATA[MUI Fatwa No 14 of 2020 states that pilgrims must wear masks covering their mouths and noses in order to avoid air contact between one congregation and another congregation. This has elicited a different reaction from the people of South Sumatra, especially Palembang, because the procedures for congregational prayers that have been carried out by Muslims so far refer to the Shari'a that has been established by Islam, namely in accordance with the procedures taught by the Prophet Muhammad. This research is a type of empirical normative research. The type of research method used by the author is the combination of the two elements, namely examining through a product analysis approach that tends to be perspective. The type of data used in this research is qualitative, while the data source uses two sources, namely primary data sources and secondary data sources. The results of the study concluded that the South Sumatran Indonesian Islamic Da'wah Council expressed an opinion that maintaining distance in congregational prayers is haram because it has exceeded the limit, unless it is in accordance with the Shari'a. The South Sumatra Indonesian Islamic Propagation Council and the Muhamadiyah Regional Leaders implemented MUI Fatwa No. 14 of 2020 concerning Organizing Worship during the Covid-19 Outbreak.]]>
<![CDATA[Kedudukan Laporan Akhir Hasil Pemeriksaan (LAHP) Ombudsman Ditinjau Dari Fiqih Siyasah dan Undang-Undang ]]>
<![CDATA[Imam Thohari]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.18002
<![CDATA[Maladministration cases that often occur can harm a number of people. Therefore, it is necessary to have an agency that specifically accepts reports on these matters, namely the Ombudsman of the Republic of Indonesia. In the process, the report will be concluded in the Final Examination Results Report (LAHP) regarding whether or not the case is proven. This study aims to examine the position of the Final Examination Report Report (LAHP) in the Siyasah Fiqh and Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. The formulation of the problem is how is the Position of the Ombudsman Final Examination Report (LAHP) in terms of Fiqh Siyasah and Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia? The type of research used in this study is empirical. While the approach used in this study is the Sociological Legal Approach (Sociological Juridical). This research was conducted through interviews and study of documents, files and annual reports as well as books and other related documents. The research location is the Ombudsman Representative of South Sumatra. The results of the study concluded that first, in terms of the Fiqh Siyasah Ombudsman, it is included in the Wilayatul Hisbah which is obliged to uphold 'Amr Ma'ruf Nahi Munkar among public service providers. Second, the position of the LAHP in review based on the law has been recognized by the state and must be carried out by the reported party or the reported superior based on the hierarchy of laws in force in Indonesia.]]>
<![CDATA[Pembagian Harta Waris Menurut Kebiasaan Masyarakat Desa Sanding Marga Perspektif Hukum Waris Islam dan KUHPerdata ]]>
<![CDATA[Medi Sandira]]>;
<![CDATA[Siti Rochmiyatun]]>;
<![CDATA[Yusida Fitriyati]]>
<![CDATA[ Muqaranah Vol 7 No 1 (2023): Muqaranah ]]>
Publisher : <![CDATA[Universitas Islam Negeri Raden Fatah Palembang ]]>
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DOI: 10.19109/muqaranah.v7i1.18401
<![CDATA[Indonesian people have their own habits regarding the distribution of inheritance, such as those in the Sanding Marga Village community. The people of this village do not carry out inheritance distribution as determined by Islamic law. Thus, this study aims to examine the distribution of inheritance in the Sanding Marga village community in the perspective of Islamic inheritance law and civil law. The problem in this research is how to analyze Islamic inheritance law and civil law on the habit of dividing inheritance in the people of Sanding Marga Village. This research is a field research with locations in Sanding Marga Village. Primary data and secondary data are used together in this study. The data that has been collected was analyzed descriptively qualitatively. The results of the study found that the Sanding Marga village community distributed inheritance in a kinship manner by way of deliberation. Inheritance is divided equally by both women and men. Distribution of inheritance like this is not prohibited in Islamic inheritance law as long as it is done peacefully and does not cause disputes. According to civil law, this is also not prohibited.]]>
