Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum最新文献

THE LEGAL STATUS OF A CHILD BORN OUT OF WEDLOCK IN THE PERSPECTIVE OF SYAFI’I AND HANAFI SCHOOLS 从syafi 'I和hanafi学校的角度看非婚生儿童的法律地位

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-07-28 DOI: 10.24239/comparativa.v4i1.134

Nyrza Rizka A. R

{"title":"THE LEGAL STATUS OF A CHILD BORN OUT OF WEDLOCK IN THE PERSPECTIVE OF SYAFI’I AND HANAFI SCHOOLS","authors":"Nyrza Rizka A. R","doi":"10.24239/comparativa.v4i1.134","DOIUrl":"https://doi.org/10.24239/comparativa.v4i1.134","url":null,"abstract":"Promiscuity among young people, as happened today, often leads to unexpected things, namely the occurrence of pregnancy before marriage. If a child was born illegitimately, he was usually called a child born out of wedlock (natural child). As a result, he cannot be connected to his father but only to his mother. According to Syafi'i School, a child born out of wedlock is born less than six months after intercourse with a legal husband. The child's legal status does not have a lineage relationship with his biological father because he was born outside of a legal marriage. Meanwhile, according to the Hanafi School, a child born out of wedlock is born less than six months after the marriage contract. The legal status of children born out of wedlock is the same as children born in a legal marriage because the Hanafi School considers the existence of lineage in essence. The main difference between the two is in their understanding and interpretation of the sources of Islamic law related to the status of a child born out of wedlock. There is a difference because in term of history, in term of sociology, and in term of culture.","PeriodicalId":294096,"journal":{"name":"Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126868632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

DISPENSASI PERNIKAHAN BEDA AGAMA MENURUT PERSPEKTIF MAZHAB 根据MAZHAB的观点，宽恕不同宗教的婚姻

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-07-27 DOI: 10.24239/comparativa.v4i1.131

Elysa Nur Oktavia, Mutiara Kamilah, Nurinda Resti, Siti Roiyyatul Ummah

{"title":"DISPENSASI PERNIKAHAN BEDA AGAMA MENURUT PERSPEKTIF MAZHAB","authors":"Elysa Nur Oktavia, Mutiara Kamilah, Nurinda Resti, Siti Roiyyatul Ummah","doi":"10.24239/comparativa.v4i1.131","DOIUrl":"https://doi.org/10.24239/comparativa.v4i1.131","url":null,"abstract":"This journal reviews the Dispensation of Interfaith Marriage in the Perspective of Schools. This research aims to minimize the occurrence of interfaith marriages, so that we as human beings strengthen our faith in religion, and so that we know that interfaith marriages were not agreed upon by the four Imams of the Madhhab and there is no dispensation.This research is qualitative, while the research instrument is interviews and is based on sources from trusted journals and books. The data source for this research is an interview with one of the heads of the School Comparative Study Program who is also a Lecturer for the Ushul Fiqh course, namely Mrs. Siti Hana, M.A, who talks about the mafsada of interfaith marriage. He said that marriage is like the ship's boat, so the captain and passengers must have the same goal, the same goes for marriage, if the husband and wife have differences of opinion, there will be inequality until something causes a divorce. And if the couple has children, he will be confused with two choices between following the religion professed by his father or by his mother. Because religion is not just a status but a handle for our daily lives. That was conveyed by Ms. Siti Hana, M.A as head of the Comparative Study Program. Likewise, the four Imams of the Madhhab did not agree with the marriage of different religions and that is illegal. If the marriage is illegal, then all the relationships that the couple does include adultery.","PeriodicalId":294096,"journal":{"name":"Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115878564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ANALISIS FENOMENA CHILDFREE MENURUT PERSPEKTIF IMAM AL-GHAZALI

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-07-27 DOI: 10.24239/comparativa.v4i1.133

Bahtera Persada, Malik Dinnar, Rio Ardiansyah, Qiyan Fasyaya

引用次数: 0

TRADISI TEPUK TEPUNG TAWAR DALAM PERSPEKTIF HUKUM ISLAM

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-07-02 DOI: 10.24239/comparativa.v4i1.129

Husnah, Irlina Dewi, Eva Fajaruna

{"title":"TRADISI TEPUK TEPUNG TAWAR DALAM PERSPEKTIF HUKUM ISLAM","authors":"Husnah, Irlina Dewi, Eva Fajaruna","doi":"10.24239/comparativa.v4i1.129","DOIUrl":"https://doi.org/10.24239/comparativa.v4i1.129","url":null,"abstract":"This research explains the local wisdom of Malay culture regarding the plain flour pate which is a traditional Malay procession that is encountered at every ceremony carried out by the Malay community which has Islamic meaning and symbols in it. The purpose of this study was to find out the perspective of Islamic law on the plain flour pate tradition and to find out the philosophical meaning contained in the materials used in the plain flour pate tradition. This tradition also has the function of offering prayers. The method used in this research is field research where data can be obtained through interviews and documentation. This tradition also has the function of offering prayers. The method used in this research is field research where data can be obtained through interviews and documentation. The results of the study show that the plain flour patting tradition does not conflict with Islamic law, this is because the activities of the plain flour patting tradition have meaning in giving prayer and gratitude to Allah SWT. The philosophical meaning contained in the traditional material of plain flour pate which is used in all traditional ceremonies is not contrary to the teachings of the Islamic religion, this is because all the materials used have meanings that reflect Islamic values, as is the case with white rice which has the meaning of purity, turmeric rice has the meaning of marwah which is not extinct, perfume which has the meaning of the fragrance of marwah, bertih has the meaning of sharing together, henna leaves symbolize harmony and potpourri which means inner and outer purity.","PeriodicalId":294096,"journal":{"name":"Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127621718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

ANALISIS KONSEPTUAL ASAL USUL ANAK: STUDI KOMPARATIF TERHADAP MAZHAB SUNNI DAN SYIAH 对儿童起源的概念分析:对逊尼派和什叶派的比较研究

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-07-02 DOI: 10.24239/comparativa.v4i1.127

Diana Farid, Muhammad Husni Abdulah Pakarti, Iffah Fathiah, Hendriana Hendriana

{"title":"ANALISIS KONSEPTUAL ASAL USUL ANAK: STUDI KOMPARATIF TERHADAP MAZHAB SUNNI DAN SYIAH","authors":"Diana Farid, Muhammad Husni Abdulah Pakarti, Iffah Fathiah, Hendriana Hendriana","doi":"10.24239/comparativa.v4i1.127","DOIUrl":"https://doi.org/10.24239/comparativa.v4i1.127","url":null,"abstract":"This study aims to conduct a conceptual analysis of the origins of children in the context of the Sunni and Shiite schools of thought. In the context of Islam, Sunni and Shia schools have different views and practices in several aspects, including the origin of children. Conceptual analysis was carried out by exploring theological understanding and classical literature from both schools to understand the differences and similarities in their views on the origin of children. This study uses a comparative method to compare the perspectives of Sunni and Shia schools regarding the origin of children. First, an analysis of classical Sunni literature, such as hadiths related to conception, fetal development, and child birth is carried out. Then, relevant Shia literature, such as theological and commentary works, is also analyzed to understand their views on the origin of children. After that, the differences and similarities between the two schools of thought were studied and analyzed comprehensively. The results of this study indicate that the Sunni and Shiite schools of thought have different views on the origin of children. Sunnis believe that children come from a physical bond between husband and wife, while Shiites believe that children come from a spiritual bond between husband and wife. In addition, there are differences in views on conception, fetal development, and determining the fate of children between the two schools of thought. This research provides a deeper insight into the differences and similarities between the Sunni and Shia schools of thought in their views on the origin of children. This is important in understanding the diversity of thought within the Islamic religion and can provide a more comprehensive understanding of issues related to family and marriage in Muslim societies. \u0000 ","PeriodicalId":294096,"journal":{"name":"Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum","volume":"331 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124674472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TINJAUAN HUKUM BAGI PELAKU PERJUDIAN PERSPEKTIF FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM (PERBANDINGAN KUHP DAN QONUN NOMOR 6 TAHUN 2014) 法律哲学和伊斯兰法律哲学博弈论评审(2014年KUHP和QONUN比较)

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-01-23 DOI: 10.24239/comparativa.v3i2.43

Vivi Ayu Saputri

引用次数: 0

RELEVANSI FIKIH TRADISIONAL

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-01-23 DOI: 10.24239/comparativa.v3i2.45

Desy Kristiane

引用次数: 0

TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP ABORSI BAGI WANITA KORBAN PEMERKOSAAN 伊斯兰法律审查和强奸妇女堕胎的积极法律

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-01-23 DOI: 10.24239/comparativa.v3i2.42

Ardina, Nurinayah

{"title":"TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP ABORSI BAGI WANITA KORBAN PEMERKOSAAN","authors":"Ardina, Nurinayah","doi":"10.24239/comparativa.v3i2.42","DOIUrl":"https://doi.org/10.24239/comparativa.v3i2.42","url":null,"abstract":"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.","PeriodicalId":294096,"journal":{"name":"Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum","volume":"22 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131936952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

TINJAUAN HUKUM ISLAM TERHADAP KHITAN BAGI PEREMPUAN (STUDI KOMPARASI ANTARA ULAMA KLASIK DAN ULAMA KONTEMPORER) 伊斯兰法律对妇女契丹的审查(古典学者和当代学者的比较研究)

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2023-01-23 DOI: 10.24239/comparativa.v3i2.41

Faiz Izuddin Masykur, Fadhliah Mubakkirah

{"title":"TINJAUAN HUKUM ISLAM TERHADAP KHITAN BAGI PEREMPUAN (STUDI KOMPARASI ANTARA ULAMA KLASIK DAN ULAMA KONTEMPORER)","authors":"Faiz Izuddin Masykur, Fadhliah Mubakkirah","doi":"10.24239/comparativa.v3i2.41","DOIUrl":"https://doi.org/10.24239/comparativa.v3i2.41","url":null,"abstract":"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.","PeriodicalId":294096,"journal":{"name":"Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123434397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

KONSTRUKSI PEMAHAMAN MAKNA JIHAD PADA MASYARAKAT LANTO JAYA 对兰托雅人民圣战意义的建设

Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Pub Date : 2022-12-31 DOI: 10.24239/comparativa.v3i2.40

Syukran Zikrullah, M. Hasyim

{"title":"KONSTRUKSI PEMAHAMAN MAKNA JIHAD PADA MASYARAKAT LANTO JAYA","authors":"Syukran Zikrullah, M. Hasyim","doi":"10.24239/comparativa.v3i2.40","DOIUrl":"https://doi.org/10.24239/comparativa.v3i2.40","url":null,"abstract":"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.","PeriodicalId":294096,"journal":{"name":"Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121654715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0