cover
Contact Name
Randy Atma R. Massi
Contact Email
randyatma@uindatokarama.ac.id
Phone
+6282345682297
Journal Mail Official
comparativa@uindatokarama.ac.id
Editorial Address
Jl. Diponegoro No. 23, Lere, Kota Palu
Location
Kota palu,
Sulawesi tengah
INDONESIA
COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum
ISSN : -     EISSN : 27748111     DOI : https://doi.org/10.24239/comparativa
Core Subject : Religion, Social,
Comparativa is a Mazhab and Law Comparison journal which provide immediate open access as an effort to disseminate research results that focus on Comparativa Journal study includes (but is not limited to): Islamic Law and Comparison School of Law in terms of Islamic Law and Positive Law. Comparativa is a semi-annual journal issued on June and December.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
TINJAUAN HUKUM ISLAM TERHADAP TRADISI MANDI KEMBANG PASCA PERNIKAHAN: Studi Kasus di Desa Maninili Kecamatan Tinombo Selatan Kabupaten Parigi Moutong sumarna
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 1 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (118.128 KB) | DOI: 10.24239/comparativa.v2i1.15

Abstract

This research discusses the review of Islamic law on the tradition of mandiu pasili (flower bath) in Maninili Village, South Tinombo District, Parigi Moutong Regency. This research is qualitative with an empirical juridical approach, resting on primary data, and is supported by secondary one. Data is collected through observations, interviews, and documentation. This research shows that the tradition of mandiu pasili (flower bath) practiced by Manilili people is not contrary to Islamic law. It is based on the ratio juris that the tradition instead uses idioms and religious values in its implementation. On the other hand, this tradition contains local wisdom that enriches the cultural treasures of Indonesia, loaded with religious values.
PERAN PERHIMPUNAN ALKHAIRAAT DALAM MEMPERKUAT MAZHAB SYAFI’I DI KOTA PALU mohammad
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 1 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (141.828 KB) | DOI: 10.24239/comparativa.v2i1.16

Abstract

Perhimpunan Alkhairaat is one of the largest religious organizations in Eastern Indonesia, this institution is consistent with education and da'wah as well as social activities. In its guidance to Muslims, much emphasis is placed on the practice of the Shafi'i School, and this is the will of the founder of this institution, Sayyid Idrus bin Salim Al Jufri. The research method in this article uses a qualitative approach, data collection techniques through observation, interviews and documentation, data analysis techniques used are data reduction, data presentation and data verification. The results of this study also show that the role of the Alkhairaat Association greatly contributes to the strengthening of the Syafi'i School in Palu City, through education in madrasas in this case the development of Islamic law. And in his own da'wah, Alkhairaat is consistent with fostering in the community through teachers who are also preachers with Alkhairaat Alumni backgrounds through ta'lim assemblies. In addition, the Alkhairaat Association also encountered obstacles in strengthening the Syafi'i School in Palu City, namely in the form of infrastructure and the increasingly widespread and large distribution of the Alkhairaat madrasa so that all preachers who were directly involved in the community could not cover it. It is recommended to all abnaulkhairaat to always pay attention to madrasas wherever they are. Because from this madrasa is the foundation in shaping Islamic character
TINJAUAN HUKUM ISLAM TERHADAP PENGGUNAAN ALAT KONTRASEPSI SUNTIK TIGA BULAN : STUDI KASUS DI DESA SAMARENDA KABUPATEN MOROWALI risnawati
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 1 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.811 KB) | DOI: 10.24239/comparativa.v2i1.17

Abstract

This paper discusses the Islamic Law Review Against the Use of Three-Month Injectable Contraceptive Devices (Case Study in Samarenda Village, Morowali Regency) which is the object of this research is Islamic law on the use of three-month injectable contraceptives in Samarenda Village, Morowali Regency. The method that the author uses in this paper is a qualitative research method. The results showed that 1). Some of the factors that cause a married couple in Samarenda Village to use contraceptives, including first, because the number of children they have is in accordance with what they want so that they no longer want to add children, both methods are easy to use and have a good level of effectiveness. , thirdly because of the factor of having had bad experiences with previous contraceptives, and fourthly because of economic factors. 2). The view of Islamic law on the use of three-month injectable contraceptives in Samarenda Village, Morowali Regency is not in accordance with Islamic law because it looks at the factors that cause them to use these contraceptives and the reasons they choose to limit the birth rate of children in the family, while in Islam allow the use of contraception to space births.
ANALISIS KOMPILASI HUKUM ISLAM PASAL 84 TENTANG NUSYUZ ISTRI PERSPEKTIF MAZHAB HANAFI DAN MAZHAB SYAFI’I rahmat ramadhan rahmat
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 1 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (216.322 KB) | DOI: 10.24239/comparativa.v2i1.21

Abstract

In the Compilation of Islamic Law the issue of nusyuz is regulated in article 84, although there are rules regarding nusyuz in the KHI, there is no definite understanding of the problem of nusyuz, which in article 84 only regulates the issue of nusyuz from the wife's side. As for the meaning of the meaning of nusyuz itself, scholars have different opinions, including the opinion of Imam Shafi'i and Imam Hanafi. This type of research is library research (library research). The approach used is descriptive analytic. The data collection technique used in this research is library research. The method used is "content analysis" (content analysis). The results of this study indicate that the concept of nusyuz in Article 84 of the KHI when viewed through a textual approach from two different schools of thought, it is the opinion of the Shafi'i school that is more appropriate or relevant to the concept of nusyuz in the KHI than the opinion of the Hanafi school. This is due to the influence of the thought pattern of Islamic law enforcement in Indonesia which is based on the Syafi'i school, as can be seen from the process of compiling the Compilation of Islamic Law through the book path in which most of the fiqh books are of the Shafi'i school of thought.
NAFKAH ISTRI YANG DI TALAK RAJ’I DALAM KEADAAN HAMIL Fakhru Razik; Sitti Nurkhaerah; Desy Kristiane
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 1 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.326 KB) | DOI: 10.24239/comparativa.v2i1.29

Abstract

Among the obligations of a husband, one of them is to provide a living for his wife and the obligation of a wife is to be obedient and obedient to her husband. The purpose of marriage will not be achieved if one of the parties neglects their obligations, this can create disputes in the family that result in divorce. The consequence of divorce for a wife, whether pregnant or not pregnant, is to undergo a period of iddah, either because of raj'i divorce or ba'in divorce. This study outlines several opinions, concepts or theories that describe or present problems related to the wife's right to earn a living from her ex-husband during the iddah period after being divorced from Raj'i in a pregnant state and the legal consequences for husbands who do not provide iddah. to the wife who was divorced while pregnant
MEMPERTIMBANGKAN ANALISIS GENDER DALAM DISKURSUS FIKIH: SEBUAH UPAYA BAGI KONTEKSTUALISASI FIKIH ISLAM Darwin Panessai; Ubay Harun; Hayyun Nur
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 2 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.17 KB) | DOI: 10.24239/comparativa.v2i2.30

Abstract

As many studies have been done on fiqh discourse from a feminist perspective, most of them conclude that in terms of the ontological position and sociological role of women are spoken, fiqh books in the classic era and the post-era have the same dominant ideas that are the trend towards placing women in an instrumental rather than a substantial position. Therefore, the study of fiqh using gender analysis as an analytical knife is an urgent alternative study to be carried out immediately.
PERAN MUI PROVINSI SULAWESI TENGAH DALAM MENETAPKAN LABEL HALAL PADA PRODUK MAKANAN Ahmad Syaiful; Sofyan Bachmid
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 2 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (190.631 KB) | DOI: 10.24239/comparativa.v2i2.31

Abstract

Allah's teaching requires us to always maintain the halal food that we consume; it certainly contains various purposes and benefits. This article describes the role of the Indonesian Ulema Council (MUI) of Central Sulawesi Province in establishing halal labels on food products in Palu City. This study aims at finding out about the role of MUI in setting halal labels on food products for SMEs and the legal basis for setting halal labels on food products in Palu. The results of this study shows that the existence of halal certification provides benefits for producers if their product labelled a halal label in each package and has a halal certification. The seller’s income can be increased because the consumers will trust to the product with a halal label. In fact, it is not only Muslim consumers who like to consume halal products, but also non-Muslims consumers consume a lot of halal products. The determination of halal label by MUI must go through the rules that have been applied in Law no. 33 of 2014 concerning the guarantee of halal products, it has been regulated that every product that has been circulated and traded in Indonesia, especially in Palu, must have a halal certification except for haram products.
MENELAAH HUKUM PERNIKAHAN MONOGAMI DAN POLIGAMI PERSPEKTIF HADIS Nadia Nadia; Sapruddin Idris
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 2 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.703 KB) | DOI: 10.24239/comparativa.v2i2.32

Abstract

The debate about polygamy and monogamy in Islam has been going on for a long time. This happens because of many interpretations of what has been determined by Al-Qur’an and Al-hadith. Therefore, it is important to review the verse or hadith about polygamy and monogamy. Many problems have arisen related to polygamy at this time. Thus, the history of monogamy and polygamy in Islam is being discussed again by some parties. The author, in this context, examines the aspects of hadith which are the source of law in the Islamic world, apart from of Al-Qur’an which is the main source. Basically, Islam adheres to a monogamous marriage system (tawahhud al-Zauj) but does not forbid polygamy, still allows polygamy with strict limits and conditions.
PEREMPUAN SINGLE PARENT YANG BEKERJA DI RUANG PUBLIK UNTUK MEMENUHI NAFKAH KELUARGA : (Suatu Tinjauan Sosiologi Hukum Islam) Moh Zakky; Wahyuni Wahyuni
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 2 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (303.463 KB) | DOI: 10.24239/comparativa.v2i2.33

Abstract

This study discusses single parent women who work in public to fulfill family income; a sociological review of Islamic law with a study in Maninili Village, South Tinombo, Parigi Moutong. The results show that the factors of single parent women who work in public to meet family income consist of: first, the background factors which include internal factors, daily needs and children's education, and external factors, higher income. Second, the problem factors (problems faced) which include internal factors, economic problems and family problems, and external problems, social problems. Furthermore, a review of the sociology of Islamic law on single parent women who work in public to meet family income is explained in QS. Al-Baqarah (2): 233 which emphasizes the ability to work in public by obtaining salaries from other people. From the conclusions obtained, it is recommended that single parent women should be patient, trustful and never give up in facing life as a single parent by always thinking positively and ignoring the negative stigma from society that hinders their work to fulfill family income.
MENYELISIK HUKUM PERNIKAHAN BEDA AGAMA DALAM Al-QURAN Nurinayah Bahry
Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 2 No. 2 (2021)
Publisher : Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.435 KB) | DOI: 10.24239/comparativa.v2i2.34

Abstract

Interfaith marriages, that often occur because of love, ignores the legal aspects, whereas marriage is not only about love, but is also related to law. This article discusses the interpretation of Al-Qur'an in Surah Al-Baqarah verse 221 and other related verses, regarding the law of interfaith marriage. This verse shows that religion does not allow Muslim women to marry non-Muslim men; polytheists and scribes. It is also illegal to marry a polytheist woman, whether it is a pagan, Buddhist, or atheist. As for the law of Muslim men marrying people of the book (Jews and Christians) who still adhere to the scripture, the fiqh experts are divided into two groups. The first group argues that Muslim men can marry people of the book. The second group argues that it is unlawful to marry people of the book.

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