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Al-Muqaranah : Jurnal Perbandingan Mazhab dan Hukum
Published by Universitas Islam Zainul Hasan Genggong
ISSN : 30256976     EISSN : 30253071     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Other
AL-MUQARANAH: Jurnal Perbandingan Mazhab dan Hukum adalah Jurnal yang diterbitkan oleh Prodi Perbandingan Madzhab Fakultas Syariah Universitas Islam Zainul Hasan Genggong Probolinggo, Jawa Timur, Indonesia. Jurnal ilmiah ini mempublikasikan karya-karya tulis terkait dengan kajian perbandingan hukum, baik itu antara hukum Islam dan hukum positif, ketokohan mazhab, maupun pemikiran hukum Islam (konvensional dan kontemporer). Jurnal ini diterbitkan dua kali dalam satu tahun (Februari dan Agustus). Redaksi mengundang akademisi, dosen, dan peneliti untuk ikut menulis artikel di jurnal ini. jurnal ini merupakan edisi cetak versi online yang diterbitkan oleh Prodi Perbandingan Madzhab Fakultas Syariah Institut Ilmu Islam Zainul Hasan Genggong Probolinggo, Jawa Timur, Indonesia.
Arjuna Subject : Umum - Umum
Articles 20 Documents
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Perilaku ghasab di Pondok Pesantren Darul Lughah Wal Karomah Sidomukti Kraksaan Probolinggo dan antisipasinya Arifin, Syamsul; Yazid Adnan Quthny, Abu
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.339

Abstract

This research discusses ghasab at the Darul Lughah Wal Karomah Islamic Boarding School, Sidomukti, Kraksaan, Probolinggo. This research aims to reveal the causes of acts of ghasab at the Darul Lughah Wal Karomah Islamic Boarding School, as well as anticipating what can be offered to overcome this ghasab culture. The life of students in a religious environment does not mean that their behavior does not conflict with religious values or norms that apply to society. Islamic boarding school regulations that are set do not necessarily mean that student behavior is always normal and in line with the objectives of the regulations. Various forms of social deviation among students occur and cause problems for Islamic boarding schools. One of these deviant behaviors is ghasab. This research is qualitative in nature. The subjects of this research included caregivers, administrators, ustadz, and students. Data collection was carried out using observation, interviews and documentation methods. Data analysis was carried out by interpreting the data using a phenomenological approach and then drawing descriptive conclusions. The results of the research show: 1) Ghasab behavior at PP Darul Lughah Wal Karomah is caused by 2 factors, namely individual factors: weak awareness of students not to commit ghasab, liking to belittle things that are ghasab, traditions inherited from the previous environment (Islamic boarding school), lack of deterrent effect in action. . Environmental Factors: Lack of role models, too close interaction patterns. The anticipation or solutions provided are: changing perceptions about ghasab, setting an example not to commit ghasab, making regulations about ghasab that create a deterrent effect for students.
Penetapan wali adhol dalam perspektif hukum islam dan hukum positif Sholihah, Faridatus; Yuliardy Nugroho, Irzak
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.340

Abstract

One of the pillars of marriage is having a guardian on the part of the prospective bride, but in reality not all lineage guardians are willing to marry off their daughters, guardians who are reluctant to marry are called adhol guardians. This article will examine the case of determining an adhal guardian in the Kraksaan Religious Court case decision Number: 0078/Pdt.P/2020/PA.Krs. This research aims to determine the legal status of adhol guardians according to Islamic law and positive law, and to determine the factors that cause applications for adhol guardians at the Kraksaan Religious Court. The research method used is qualitative/field research (field research) where this research is descriptive. The data collection method was carried out through observation and interviews. The data sources used come from primary data and secondary data. The data analysis used is qualitative data analysis with an inductive thinking approach. Based on the results of the research, it was concluded that the legal status of the adhol guardian according to Islamic law and Positive law is valid, based on Islamic law, namely paying attention to qoidah fiqhiyyah and also in the 24th letter of the Al-Nur verse 32 of the Al-Qur'an there is an order to marry men and women who alone is worthy of marriage. And based on positive law, namely Law Number 1 of 1974 concerning marriage, article 23 of the Compilation of Islamic Law. The main factor is that many people apply for adhold guardians at the Kraksaan Religious Court because fathers as lineage guardians are reluctant to marry off their daughters for various reasons.
Hak asuh anak pasca perceraian dalam perspektif hukum islam dan hukum positif di Indonesia Rahman, Babur; Paripati Qomaria , Nanik
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.341

Abstract

This article discusses child custody rights after divorce from the perspective of Islamic law and civil law. The provisions regarding child custody are contained in Law no. 1 of 1974, stated in article 54 paragraph (2) "That parents are obliged to look after their children until they marry or can stand on their own". In the system that has prevailed in many communities, the responsibility for caring for children is more suited to a woman. Because this is because most women with a "feminine" temperament tend to care, as if this care is natural for a woman. And based on a hadith from the Prophet sallallaahu'Alaihi wa Sallam, he said: "You have the right to take care of him as long as you have not remarried." (HR. Abu Dawud). This hadith shows that a woman (mother) has the most right to care for her child when her husband divorces her. However, the right to hadhalah does not always fall to the mother, the husband also has the right to have the same rights as the mother, if the conditions for determining the mother do not meet the criteria for providing for the child's interests, such as being apostate, having no noble character, being crazy, and so on. Because when it comes to raising children, the first thing that must be considered is the interests of the child and having the ability and ability to provide a sense of security to children who are victims of divorce.
Konsep keluarga sakinah dalam keluarga karir menurut hukum islam (studi kasus Desa Asembagus Kecamatan Kraksaan) Rohmatullah, Rizki; Syafi’i, Imam
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.342

Abstract

Creating a sakinah mawaddah warahmah family is a benefit for every married couple in the midst of modernization which is currently taking place and has an impact on the socio-cultural environment around the family. Along with the times, the development of society's mindset and the increasingly intense struggle for gender equality in society, there is still perceived inequality towards women, then gradually women are starting to struggle to take their position in the public arena. The research method used is qualitative/field research (field research) where this research is descriptive. The data collection method was carried out through observation and interviews. The data sources used come from primary data and secondary data. The data analysis used is qualitative data analysis with an inductive thinking approach. Based on the research results, it was concluded that the concept of Sakinah in the career family according to Islamic law in Asembagus Village was formed on the basis of strong religion and an attitude of mutual openness and mutual respect between family members, working together to meet the needs of the family both spiritually and spiritually. honesty and tolerance taught to children and other family members, as well as always being grateful for the blessings and sustenance given by Allah SWT.
Pernikahan dini perspektif hukum islam dan hukum positif Sanusi, Anwar; Haqiqi Amirulloh, Luqman
AL-MUQARANAH Vol 2 No 1 (2024): Vol 2 No 1 Februari 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i1.343

Abstract

Islam strictly speaking does not have rules that determine the age limit for marriage, based on Islamic law basically all age levels can enter into marriage. In Islam, the conditions for marriage are 'aqil and puberty which do not look at age limits. The method used is library research, namely by reading and studying books and writings that are related to the object of discussion, namely early marriage according to Islamic law and statutory regulations in Indonesia. The results of this research include: Ulama have different opinions regarding the age of marriage, including: Most Maliki madzhab ulama are of the opinion that the age limit for menstruation for women and men is 17 years or 18 years. Abu Hanifah believes that the age of puberty is 19 years or 18 years for men and 17 years for women. Imam Syafi'i, Ahmad, Ibnu Wahab and Jumhur are of the opinion that this is at the perfect age of 15 years. According to Marriage Law no. 1/1974 as a positive law in force in Indonesia, sets the age limit for marriage at 19 years for men and 19 years for women. In article 6 paragraph (2), it is stated that a person is said to be an adult if they reach the age of 21 years, so that in carrying out a marriage there is no need to obtain permission from both parents. The problem of early marriage in Indonesia according to Islamic law and Law no. 1 of 1974 concerning Marriage is based on the interests of children's rights, so that children can spend their time playing and studying. Apart from that, it is also necessary to pay attention to the impacts caused by early marriage, because they are not mature in thinking and resolving problems in marriage. So the goal of a mawwadah and rahmah marriage is not achieved optimally.
Analysis of the role of village-owned enterprises (bumdes) in improving the economy of the community in sharia-based Patokan village Suryana, Ahmad; Thompson, Emily; Marliana, Marliana
AL-MUQARANAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i2.444

Abstract

This research aims to analyze the role of Village-Owned Enterprises (BUMDes) in improving the economy of the Patokan Village community with a sharia-based approach. BUMDes is an economic institution established in villages to manage local potential and improve community welfare. In the context of Patokan Village, the application of sharia principles in BUMDes management is important given that the majority of the population is Muslim. This research uses a descriptive qualitative method, with data collection techniques in the form of in-depth interviews, observation, and documentation. The results showed that the BUMDes of Patokan Village has contributed positively to the village economy, especially through the savings and loan, livestock, and agriculture business units. However, there are still some obstacles, such as a lack of capital, skills, and community participation. The application of sharia in BUMDes management also provides additional benefits, such as increased community trust and avoidance of usury. This research is expected to provide theoretical and practical contributions in the development of a sharia-based BUMDes management model, which is more effective in supporting the welfare of village communities.
Konsep wali nikah dalam perspektif ulama klasik dan modern Faizah, Nur
AL-MUQARANAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i2.446

Abstract

This paper explores the concept of marriage guardian in Islamic jurisprudence by examining its interpretation and application by scholars from classical schools such as Hanafi, Maliki, Shafi'i and Hanbali, and comparing it with the views of contemporary scholars. The role of the marriage guardian is very important in the Islamic marriage contract, especially as it usually involves a male guardian consenting to a girl's marriage. The study also examines the perspectives of modern scholars who consider the evolving context of society, gender equality and women's autonomy. By comparing classical and modern interpretations, this study highlights the dynamic nature of Islamic legal thought as well as the ongoing discourse regarding the balance between traditional values and modern principles of individual rights and freedoms. The analysis aims to provide a comprehensive understanding of the role of marriage guardians, its historical roots and its relevance in today's socio-legal landscape.
Status anak diluar nikah komparasi hukum islam dan hukum positif Afkarina, Iza; Nur Khotibul Umam, M.
AL-MUQARANAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i2.447

Abstract

One of the legal consequences of the status of a child out of wedlock is the status (position) of the child out of wedlock. In Indonesian legislation, there are several laws that explain the status of children out of wedlock, although there are differences in the law and status of these children between these laws. In Islamic law, children out of wedlock have a different position from legitimate children, biological children, adopted children, and children resulting from adultery. The existence of this position affects in determining guardianship, nasab, inheritance and hadhanah. This research uses a normative study approach, namely comparing the status of adopted children according to Islamic law and positive law. This research is a type of Library Research (literature), the author will present library data in the form of books, journals, research reports, papers and other library materials that are accurate to the object of the subject matter. Based on the results of the research conducted, it can be concluded that, the status of children outside of marriage based on Islamic law is not the same as biological children, and legal children in Islamic law the status of children outside of marriage in terms of nasab, remains with the mother and her mother's family. According to positive law, Constitutional Court Decision Number 46/PUU-VIII/2010 stipulates that the status of children out of wedlock can only be related to the mother and her family, unless there is recognition from a biological father who can be proven scientifically and technologically. This is different from Constitutional Court Decision Number 43/PUU-VIII/2010 which regulates other aspects of children's rights. This is because the status of extramarital children is only dinasabkan to the mother and the mother's family, so directly from the Constitutional Court's decision stipulates that the position or nasab of extramarital children (either due to adultery or nikah sirri) is to their biological father who can be proven by science and technology.
Implementasi pembagian harta waris di blok Dungminian Desa Sumber Kedawung Kecamatan Leces Kabupaten Probolinggo perspektif hukum islam Mamlu’atin, Mamlu’atin; Mutamakin, M.
AL-MUQARANAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i2.448

Abstract

Islamic law regulates everything very fairly as explained in the Quran, including in regulating the distribution of inheritance that upholds justice. The revelation of inheritance verses gives respect and justice to women, by making women the subject of inheritance makes them happy. However, in reality today, many Muslims divide inheritance assets not in accordance with the verses of the Quran. They consider the application of Surah An-Nisa verse 11 (boys get twice the share of girls) in this day and age is unfair, because now women are more independent, they have the same rights as men in many ways, such as education, work, roles in society and so on, so that the distribution of inheritance is adjusted to their circumstances. That is why researchers feel the need to examine how to solve this problem. The researcher will discuss the implementation of the distribution of inheritance property for the community in Dungminian Block, how also the review of Islamic law on the distribution of inheritance property for the community in Dungminian Block, Sumber Kedawung Village, Leces Subdistrict, Probolinggo Regency. The method used in this research is to use a qualitative approach with data collection techniques in the form of observation, interviews and documentation. The results of the study concluded that the division of inheritance property (tirkah) that occurred in Dungminian Block, Sumber Kedawung Village, Leces Subdistrict, Probolinggo Regency prioritizes family consensus and consensus if no consensus is found, then return to the compilation law and Qur'anic law.
Analysis of Muhammad Shahrur's thoughts on the concept of justice in polygamy: A perspective of contemporary islamic law Ulfa, Marliana; Abu Bakar, Norhayati; Faizal Abd Rahman, Muhammad
AL-MUQARANAH Vol 2 No 2 (2024): Vol 2 No 2 Agustus 2024
Publisher : Prodi Perbandingan Madzab Fakultas Syari'ah Universitas Islam Zainul Hasan Genggong Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/jpmh.v2i2.449

Abstract

Polygamy, the practice of marrying more than one partner simultaneously, has been a controversial topic in Islamic law and modern society. Although it is permitted in the Qur'an (QS. An-Nisa` 3) on the condition of justice, its practical implementation is often debated, especially in relation to the principles of justice established. In this context, Muhammad Syahrur provides an innovative view on polygamy. He uses a linguistic and contextual hermeneutic approach to interpret Qur'anic verses, arguing that justice in polygamy includes not only equal distribution of material goods but also emotional and psychological well-being. Shahrur argues that the application of polygamy must take into account the social context and changing times, emphasizing that monogamy may be more appropriate for achieving justice in modern societies. The critique of traditional interpretations and the emphasis on the unattainable principle of absolute justice are the main focus of his methodology. The analysis suggests that although polygamy is permitted, practical justice may be more easily achieved through monogamy in the contemporary context, in accordance with the principles of human rights and gender equality.

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