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<![CDATA[PERBEDAAN FATWA DAN QADA SERTA IMPLEMENTASINYA DI INDONESIA ]]>
<![CDATA[Andi Muh. Taqiyuddin BN]]>;
<![CDATA[Abdul Syatar]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i1.23
<![CDATA[The purpose of this research is to explain the meaning of Fatwa and Qada, how are the similarities and differences between fatwa and qada and their implementation in Indonesia, and to explain how the wisdom of fatwa and qada is. This research is qualitative, the type of research is library research and uses phenomenological and normative approaches. The results showed that; 1) The word fatwa comes from Arabic, which means the answer to what is the problem of syarak or legislation. The word Qada comes from Arabic, which means law and determination. It can be understood that the meaning of a fatwa in the term is the answer to the explanation of the mufti regarding religious questions or problems asked by someone or mustafti. The meaning of Qada in terms is a legal decision from qadi regarding cases or events based on arguments and evidence through mechanisms, the scope of qada is limited and is binding and obligatory. 2) The brief similarity of both of them is both legal products and determined based on the Quran and Hadith. First, the fundamental difference between the two is that fatwas are not binding while qada is binding/force. Second, that the scope of coverage of fatwas is wider than qada. Fatwa application in Indonesia is more dominant than qada. 3) The honesty of Fatwa and Qada can be seen from the existence of the arguments which make it conducive, it is the arguments that position the fatwa and Qada as two legal matters as part of Islamic law, especially Islamic justice.]]>
<![CDATA[PEMIKIRAN HUKUM ISLAM PADA MASA KHULAFAUR RASYIDIN : (Cikal Bakal dan Perkembangannya) ]]>
<![CDATA[Ummu Awaliah]]>;
<![CDATA[Indo Santalia]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i1.24
<![CDATA[This study aims to describe the forerunner of Islamic legal thought during the Khulafaur rasyidin era and to explain the development of Islamic legal thought during the Khulafaurrasydin era. This research is qualitative; the type of research is library research and uses a historical approach. The data collection method used is a literature study. The results showed that; 1) It can be understood that the Ansar were the forerunners of the birth of Islamic legal thought regarding the successor of the Prophet as the leader of the state and religion, this can be seen in the event of the meeting at Saqifah Bani Sa'idah in the discussion of the successor of the Prophet. 2) The development of Islamic legal thought during the Khulafaurrasyidin period can be seen in the achievements of the four periods of government. Starting from the caliph Abu Bakr, 'Umar bin Khattab, 'Uṡmān bin 'Affan, and 'Ali bin Abi Talib.]]>
<![CDATA[PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCEMARAN NAMA BAIK DALAM HUKUM PIDANA ISLAM ]]>
<![CDATA[Noercholis Rafid A]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i1.27
<![CDATA[This research discusses the application of restorative justice to criminal defamation in Islamic criminal law. This research is a literature research that examines literature related to problems that are studied using normative theological approaches and juridical approaches. This study aims to elaborate and compare the application of restorative justice to criminal defamation in Islamic criminal law and national criminal law. The implication of this study is that the application of restorative justice to defamation crimes in Islamic criminal law is resolved by mediation (outside the court) first and then through the court channel.]]>
<![CDATA[DISKURSUS ILLAT, HIKMAH DAN SABAB SERTA KORELASINYA PADA KONSTRUKSI HUKUM ISLAM ]]>
<![CDATA[Ahmad Arief]]>;
<![CDATA[Darussalam Syamsuddin]]>;
<![CDATA[Abdul Syatar]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i1.35
<![CDATA[This paper explores the basic concepts and correlations of illat, hikma and sabab, all three of which are terms that often intersect in the construction of Islamic law. exploring and contemplating the existence of the three concepts is very important to map out the basic differences between the three. Concept exploration uses library sources that are analyzed to obtain the basis for conceptual differences and explore the relationship between illat, hikma and sabab. The correlation between Illat, Wisdom and Sabab can be divided into two: first; the relationship between illat and sabab to wisdom, wisdom is complementary to both in providing a more philosophical construction of law, not just punishing. Second; The relationship between illat and sabab is complementary if you look at the generality and specificity of the two.]]>
<![CDATA[GERAKAN TALIBAN ANTARA JIHAD, MAKAR SERTA TRAGEDI KEMANUSIAAN DI AFGANISTAN ]]>
<![CDATA[Muhammad Syarif Hasyim]]>;
<![CDATA[Randy Atma R Massi]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 1 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i1.36
<![CDATA[Afghanistan is back under the control of the Taliban shortly after the United States withdrew its troops after nearly 20 years in Afghanistan. The success of the Taliban group seizing several provinces in Afghanistan faster than the United States predicted, this then made some residents afraid and made the airport in Kabul filled with hundreds of people who wanted to leave Afghanistan. The news of this occupation has attracted the attention of the international community, there are those who are worried about the continuity of the state in Afghanistan, while those who are euphoric think that this is God's promise for Jihad carried out by the Taliban who are considered fighters. But it becomes interesting whether the struggle carried out by the Taliban in the name of Jihad or is a political strategy to control the Afghan state and form its own government. This is still an abstract analysis, but what is certain is that there is now a humanitarian tragedy for refugees who are waiting for the certainty of their survival to obtain asylum from other countries.]]>
<![CDATA[KONSTRUKSI PEMAHAMAN MAKNA JIHAD PADA MASYARAKAT LANTO JAYA ]]>
<![CDATA[Syukran Zikrullah]]>;
<![CDATA[Muhammad Syarif Hasyim]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i2.40
<![CDATA[Different in interpreting the meaning of jihad, there are those who understand jihad by fighting evil and there are also those who interpret jihad by increasing the quality of faith in Allah SWT, or jihad against lust. Through this research it is hoped that it can contribute ideas to the Lanto Jaya village community so that differences among the community do not cause divisions, but with differences this thesis departs from a problem of how the Lanto Jaya village community understands the meaning or meaning of jihad and how to implement jihad in the daily life of the people of Lanto Jaya. The results of this study indicate that the understanding of jihad in the Lanto Jaya village community does have differences. The schools that develop in society are the Shafi'i school, the Hanbali school and the Maliki school. However, what is of concern in this village is that there are still frequent differences of opinion that depart from these different understandings. Jihad in the village of Lanto Jaya is closely related to the impact of the incident in 2000 which involved two religions namely Islam and Christianity, as a result of this incident many people immediately understood jihad. There are many understandings or groups that enter the midst of society and provide an understanding of jihad. Due to the lack of knowledge about religion at that time, the community actually made people more familiar with one another.]]>
<![CDATA[TINJAUAN HUKUM ISLAM TERHADAP KHITAN BAGI PEREMPUAN (STUDI KOMPARASI ANTARA ULAMA KLASIK DAN ULAMA KONTEMPORER) ]]>
<![CDATA[Faiz Izuddin Masykur]]>;
<![CDATA[Fadhliah Mubakkirah]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i2.41
<![CDATA[Circumcision is cutting or removing part of the genitals, especially circumcision for women who still have issues that are disputed among classical and contemporary scholars. In Indonesia, there are also differences of opinion regarding circumcision between MUI Fatwa and PERMENKES. Therefore, a scientific work was made which discussed female circumcision in the framework of an Islamic legal review regarding legal comparisons between the views of classical and contemporary Islamic scholars. The main problem in this research is how the review of Islamic law regarding female circumcision between the views of classical and contemporary Islamic scholars. This study uses the library research method with a qualitative approach, using library research funds by exploring various literatures, including books, Al-Qur'an, hadith, journals, and websites that are continuous with the research theme. The results of this thesis research conclude that circumcision for women in the view of Classical and Contemporary scholars that circumcision has been prescribed by religion, but among scholars there is still a debate about female circumcision because in the Qur'an and hadith there is no clear explanation regarding circumcision women but only follow the millah of Prophet Ibrahim AS.]]>
<![CDATA[TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP ABORSI BAGI WANITA KORBAN PEMERKOSAAN ]]>
<![CDATA[Ardina]]>;
<![CDATA[Nurinayah]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i2.42
<![CDATA[This study aims to identify and analyze legal norms, especially those related to Islamic law and positive law in Indonesia regarding abortion as a result of rape. In general, the legal status of abortion according to Islamic law is haram. Likewise, it is found in article 346 of the Criminal Code that abortion is also not permitted. However, regarding the legal status of abortion caused by rape, there are several opinions in Islamic law and positive law in Indonesia. The research in this thesis uses normative juridical research (normative legal research), namely legal research conducted by examining literature or secondary data. In accordance with the characteristics of the study, this study used the library research method (literary study). The results of the study show that the legal status of abortion as a result of rape according to Islamic law has several opinions. The Tarjih Muhammadiyah Council forbids abortion as a result of rape, the Bahtsul Masail NU and the MUI fatwa allow it. Whereas in positive law in Indonesia as contained in Law Number 36 of 2009 concerning Reproductive Health both allow abortion due to rape.]]>
<![CDATA[TINJAUAN HUKUM BAGI PELAKU PERJUDIAN PERSPEKTIF FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM (PERBANDINGAN KUHP DAN QONUN NOMOR 6 TAHUN 2014) ]]>
<![CDATA[Vivi Ayu Saputri]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i2.43
<![CDATA[Gambling is something that is considered taboo in various circles and causes polemics and even creates turmoil in this modern society. Both positive law and Islamic law prohibit gambling from being carried out, but there are still many people who justify any means to play gambling. In history, gambling cases are very difficult to eradicate, as if gambling had become commonplace and even become a habit for the community. In the current development of the era, gambling has become a social disease in our society, which naturally should be eradicated from social life. Many efforts have been made to deal with gambling cases such as providing sanctions for gambling actors, for example criminal sanctions and the like, but this has not deterred and gambling is still rampant in this modern society. The formulation of the problem in the discussion this time is how legal proceedings against gambling actors are handled either in accordance with the Criminal Code article 303 concerning gambling or in accordance with Qonon Number 6 of 2014.]]>
<![CDATA[RELEVANSI FIKIH TRADISIONAL ]]>
<![CDATA[Desy Kristiane]]>
<![CDATA[ Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Vol. 3 No. 2 (2022) ]]>
Publisher : <![CDATA[Program Studi Perbandingan Mazhab, Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu ]]>
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DOI: 10.24239/comparativa.v3i2.45
<![CDATA[In terms of thinking and understanding, Muslims can be divided into four social ideological paradigms or groups, namely traditional, modernist, revivalist, and transformative groups. Traditional fikih has become one of the characteristics of Islamic legal thinking that has developed and still exists in Indonesia. This traditional fikih thinking is guarded and preserved in the academic world of pesantren, although it does not cover the possibility that many pesantren graduates have new thoughts by adapting to the development of problems experienced by society. This paper describes the development of fikih and the weaknesses in the relationship between traditional fikih and pesantren education, in which pesantren graduates are required to be involved in solving the problems of the nation and state. The conclusion is that the existence of traditional fikih is due to the attitude of the scholars who are careful in accepting new things because they are worried that these new things will harm people's lives.]]>
