Mazahibuna: Jurnal Perbandingan Mazhab

Exploring Diverse Madhhabs' Perspectives on Wearing a Veil among Female Students

Roswati Nurdin — 2024-03-13

The increasing prevalence of veiling among female students is requiring urgent examination. Therefore, this study analyzes veiling during prayer, emphasizing four madhhabs to show varying perspectives and implications for student populations in Ambon State Islamic Institute. A comparative analysis of legal principles is adopted to integrate sociological perspectives using an interdisciplinary approach. Data collection includes interviews, documentation, and bibliographic studies, with emphasis on the influential novel turāś (classic book). The results show that there are three main issues, namely concerns regarding prostration perfection in hadith, debates on mouth and nose closure during prayer, and discussions on intimate body part boundaries for women. In addition, Jumhūr Ulamā (the Majority of Scholars) from al-Shāfi'ī, Hanafī, and Mālikī madhhab concur on visibility necessities in specific situations. Veiling is recommended during prayer unless there is concern for slander. In this context, students' awareness of feminist jurisprudence is stated, advocating for a nuanced understanding beyond a singular perspective. Veiling practices should also be comprehended during prayer among Muslims to urge respect for diverse Islamic opinions. This study reports the urgency of addressing the multifaceted issue and advocates for a comprehensive perspective.

The Role of Siyāsah Shar'iyyah in Analyzing and Addressing Land Disputes

Syafa'at Anugrah Pradana — 2024-03-13

Disputes are often reported from complexities related to land ownership, particularly when multiple parties lay claim to a specific plot acquired through gifting or inheritance. Public objections predominantly center around preventing inaccuracies in the transfer of ownership rights during the recording of land blocks at National Land Office (BPN) concerning blocking of ownership rights. Therefore, this study aims to examine the prevalent issues encountered during the recording of land title certificate, with a specific focus on the common land disputes that lead to legal proceedings. An analytical framework of siyāsah shar'iyyah is adopted with empirical juridical methodology using a socio-juridical perspective. The data-gathering method comprises three distinct stages, namely reduction, presentation, and conclusion. The results show that the submission of a plot of land for registration cannot be executed by any arbitrary party. A clear understanding of applicant's status and the rationale behind the request is necessary to restrict the use of land effectively. In this context, the registration of land blocks has diverse effects in terms of economic, socio-cultural, and legal assurance. The challenges encountered in the act of obstructing are predominantly rooted in the administrative procedure. Therefore, the proposed remedy includes the use of technology based on electronic systems to effectively disseminate information to the public. In this jurisdiction, land ownership is primarily governed by Sharia law, which views documenting property rights as a method of promoting good governance. Meanwhile, zoning arrangements serve as an alternative for documenting land blocking, mitigating potential ownership issues in the future.

Crafting a Progressive Legal Landscape of Apostasy in Islamic Criminal Law Reform

Islamul Haq — 2024-05-02

This study aimed to examine the intricate process of reforming Islamic criminal law to establish a progressive legal system and ensure justice. An empirical approach was adopted with a specific emphasis on abolishing the penalty for apostasy. This qualitative study included in-depth interviews with members of the Fatwa Commission, lecturers, and students to explore viewpoints on crafting the reform of Islamic criminal law and abolishing the punishment for apostasy. Recent results of contemporary studies recommended the revision of Islamic criminal law to abolish the death penalty for apostasy. This perspective showed an effort to ensure consistency between Islamic legal concepts, universal human ideals, and evolving societal settings. This article contributes to the ongoing discourse on reforming Islamic criminal law, shedding light on the complexities involved and advocating for a more humane approach, particularly regarding apostasy. This research, it seeks to bridge the gap between theoretical discussions and practical implications, fostering a deeper understanding of the necessity for reform within Islamic jurisprudence. Through collaboration with stakeholders and continued academic inquiry, it is hoped that these efforts will pave the way for a legal framework that not only respects Islamic principles but also upholds universal human rights standards.

Psychological or Theological Dynamics of Students who Wear Cadar at Islamic Universities in Indonesia

Mayyadah — 2024-06-18

Cadar is a type of veil worn by some Muslim women that covers the face, leaving only the eyes visible. Several studies have been carried out with the primary aim of exploring the use of this veil in Islamic colleges. These explorations identified several significant elements contributing to the usage of cadar, including psychological and ideological issues, both of which have not been thoroughly examined. Therefore, the present study aims to fill these gaps through the use of the reality of fiqh and psychological techniques. To achieve the stated objective, data were collected from 22 UIN Datokarama high school graduates who were assigned to participate in lifts, interviews, and focus group discussions (FGDs). The obtained results showed that three factors namely, the need for stability, the possibility of personal development, and the propensity to emulate an adored figure, served as psychologically motivating factors to students. Furthermore, the reality of fiqh was observed to suggest that the use of cadar is not necessarily accompanied by a strong religious understanding of its significance. This fact reinforces previous results that the adoption of cadar in Islamic colleges is more psychological than theological. Within the context of the present study, new facts emphasizing psychological and theological fragility among university students were uncovered and stakeholders are expected to address these facts when dealing with the phenomenon at Islamic universities.

Exploring the Verdict of Interfaith Marriage under Maqāṣid Sharīa Insights

Rosdalina Bukido — 2024-06-30

The diverse society of Indonesia permits interfaith marriage but the challenge lies in the legal recognition under Islamic law. The primary issue pertains to the legal aspects and the jurisprudence from the perspective of Maqāṣid Sharīa. Therefore, this research aimed to analyze the legal objectives of interfaith marriage as well as the execution and status of the concept from the perspective of Maqāṣid Sharīa. A thorough examination of literature from primary, secondary, and tertiary sources is carried out, including legislation, court judgments, books, journals, and other relevant materials. Meanwhile, the analysis is performed using a juridical, syar'i, and philosophical perspective. The results show that the judge approved the application for the legality of interfaith marriage, citing Law Number 1 of 1974 on Marriage, Human Rights, and Law Number 23 of 2006 on Population Administration. Similarly, when considering Maqāṣid Sharīa, marriage between individuals of different religions is not allowed, particularly in matters of Aqidah and Iman. This prohibition upholds the objectives of Islamic marriage law since the values obtained from the religion are not easily reconciled in the unions. According to the principles of Maqāṣid Sharīa, interfaith marriage should be avoided due to potential harm.

Legal Perspectives on Passampo Siri’ Marriage and Determination of Biological Father's Status in Sidenreng Rappang Regency

Rusdaya Basri — 2024-06-30

The controversy of passampo siri’ marriage in Bugis society and the determination of biological father from the perspectives of religious and traditional figures are discussed in Sidenreng Rappang Regency. Therefore, this research aims to understand the legal determination of passampo siri’ marriage and the establishment of biological father's status for child. Descriptive qualitative research uses primary data sources from community leaders, as well as traditional and religious figures through interviews and observations with an empirical sociological method. The results show that the reality of passampo siri’ in Sidenreng Rappang Regency is an alternative selected by parents for unmarried pregnant daughters disapproved of marrying the man responsible for preserving the family reputation. There is a divergence of opinions (ikhtilāf) among religious and traditional figures regarding the legal status of passampo siri’. Even though most informants agree that passampo siri’ is forbidden (harm) and invalid, some believe the concept is permissible and valid. The determination of child’s status does not differ according to the perspectives of religious and traditional figures in Sidenreng Rappang Regency. These groups assert that child born is not attributed to biological father.

Maqāṣid Sharīah Paradigm in Wealth Preservation and Regional Stability Through Local Currency Protection within ASEAN

Ikhwan Fikri — 2024-06-30

This study explores Indonesia's motivation for promoting Local Currency Settlement (LCS) among ASEAN countries and assesses the outcomes of the 42nd ASEAN Summit through the lens of maqāṣid sharīah, focusing on hifẓ al-māl (wealth preservation). Utilizing a mixed-methods approach, the research combines a literature review with field research. The literature review integrates diverse sources such as journals, books, and online materials relevant to policy analysis, while field research includes interviews with Islamic economists, academics, and leaders from religious and government sectors to understand LCS implementation and impacts. The findings indicate that LCS agreements bolster economic independence and stability in the ASEAN region by enabling transactions in local currencies. This system facilitates bilateral and regional trade, enhances investment flows, and supports various economic activities among ASEAN nations. It aligns with the maqāṣid sharīah principle of hifẓ al-māl and reinforces the qiyām or qawām system (balance within self, family, and society), promoting broader economic stability. This research provides a novel perspective by analyzing LCS within the framework of maqāṣid sharīah, highlighting how regional economic policies can harmonize with Islamic principles of wealth preservation. The results suggest that LCS could be a strategic tool for strengthening regional economic integration and stability. By reducing reliance on third-party currencies and aligning with maqāṣid sharīah principles, LCS has the potential to foster more resilient and balanced economic relationships both within ASEAN and globally.