Mazahibuna: Jurnal Perbandingan Mazhab

The Transformation of Interest Prohibition

Muhammad Asri Aidid — 2024-12-01

This study aimed to explore the transformation of the concept of riba (usury) within contemporary financial systems, specifically how Islamic jurisprudence has adapted to modern economic practices. The analysis also aimed to understand the evolving interpretation of riba and its implications for Islamic and global financial markets. A comparative analysis was adopted, integrating qualitative methods such as document analysis and a case study of financial systems. This study examined historical and modern interpretations of riba, with a specific focus on the transition from traditional gold and silver standards to fiat money systems. The results showed that the adaptation of riba in modern financial systems required significant transformation, particularly in response to the transition from commodity-based to fiat money. The analysis identified key trends in how riba was reinterpreted within the context of contemporary financial systems as well as discussed the challenges and solutions proposed by Islamic scholars. Additionally, it contributed to the existing body of knowledge by providing a nuanced analysis of how the prohibition of riba was applied in contemporary financial systems, connecting historical perspectives with modern practices. The analysis provided new insights into the dynamic relationship between traditional Islamic financial principles and the evolving global financial landscape. It also showed the importance of continuous investigation of riba in the context of contemporary financial systems. This study suggested that ongoing discourse among Islamic financial practitioners and scholars was crucial for developing solutions to support both traditional principles and contemporary financial realities.

Controversy Over Sunrang

Abdillah — 2024-12-01

This study aimed to analyze the use of sunrang after divorce in Maradekaya Village, Bajeng District, Gowa Regency, from the perspective of Islamic law. The study explored sunrang, often considered similar to mahar (dowry), and the perspective within the context of Bugis-Makassar local culture, where customary law interacts with Islamic legal principles. A descriptive-qualitative design was adopted with a socio-legal method, then primary data was collected through interviews and direct observation. Meanwhile, secondary data was collected from literature and document studies. Data analysis was carried out descriptively and juridically to identify key patterns and themes related to the use of sunrang. The result showed that although sunrang is often treated similarly to mahar in Makassar customs in Maradekaya Village, Bajeng District, Gowa Regency, ownership and return of sunrang after divorce were more influenced by customary law. This result showed that the Makassar community tended to uphold local traditions, suggesting that sunrang remains the property of the wife, despite discrepancies with the stricter principles of Islamic law. This study contributes new insights by combining Islamic and customary law perspectives in analyzing the use of sunrang post-divorce. There was also an understanding of how these two legal systems can influence each other within a strong local cultural context. The implications are significant for the development of clearer legal guidelines regarding ownership of sunrang in both Islamic and customary law. Furthermore, this study showed the need for a more holistic method of resolving sunrang disputes, accommodating both customary norms and Islamic legal principles to maintain social cohesion in the indigenous community of Makassar.

Controversy Over Non-Madhhab Practices

Hamzah Abed Alkarim Hammad — 2024-12-26

This study aims to thoroughly examine the dangers associated with not adhering to a specific madhhab in contemporary Islamic law from the perspective of Muhammad Sa'id Ramadhan Al-Buthy. In order to accurately achieve the study objective, a comprehensive examination of Al-Buthy’s critique concerning non-madhhab practices was carried out, with a primary focus on how these practices could disrupt legal interpretations and undermine the authority of Islamic jurisprudence. The analysis included the process of reviewing primary texts, scholarly commentaries, and secondary literature, all of which were carried out with the aim of accurately comparing the critique by Al-Buthy with other contemporary perspectives on the issue. The results showed that Al-Buthy strongly criticized non-madhhab movement for promoting subjective and inconsistent interpretations of Islamic law. The figure argued that this movement was capable of weakening the structured and scholarly tradition of Islamic jurisprudence. Furthermore, Al-Buthy emphasized that established madhhab played a very important role in preserving the integrity and continuity of Islamic legal principles, underscoring the dangers associated with abandoning these schools, including fragmentation and a lack of authoritative guidance. The critique of the observed figure typically emphasizes the risks of non-madhhab practices, such as the potential for division in Muslim community. This study makes a novel contribution by specifically focusing on Al-Buthy’s critique, which are often cited but not deeply analyzed in the context of non-madhhab movements. Specifically, the investigation situated the arguments of the observed figure in contemporary debates on the role of madhhab, thereby offering a fresh perspective on the relationship between traditional Islamic jurisprudence and modern legal challenges. The implications are particularly significant for scholars, legal practitioners, and policymakers in Islamic law, advocating for a renewed commitment to traditional legal frameworks to prevent the pitfalls of subjective interpretations associated with non-madhhab methodologies.

Acculturation of Local Culture in the Celebration of the Maulid Nabi in Indonesia

Hasse Jubba — 2024-12-31

This study analyses the acculturation of Islam to the Ambelu tradition in the celebration of the Maulid Nabi in Bontomanai Subdistrict, Selayar Islands Regency through a comparison of the views of the al-Shafi'i and Hanafi Madhhab. This study aimed to examine whether this practice correlated with Islamic law or contained elements of bid'ah and to assess how local cultural acculturation influenced the implementation of the tradition in the context of religious celebrations. A qualitative method with a descriptive-analytical approach was used in this study. Data collection included direct observation, interviews with religious leaders and local communities, as well as a review of related documents. The analysis was further carried out by comparing the perspectives of the al-Shafi'i and Hanafi Madhhab on the Ambelu tradition and the concept of bid'ah in Islam. The results showed that the Ambelu tradition was widely accepted by the local community as part of religious culture, despite various opinions among scholars regarding the legal status. The al-Shafi'i Madhhab tended to be more permissive of this practice, while the Hanafi Madhhab adopted a more cautious stance in the context of bid'ah. This study was original in the comparative analysis of two fiqh madhhab in examining local traditions that rarely receive academic attention. Additionally, it also offered fresh insights into the interaction between Islamic law and local culture in Selayar. The results emphasized the importance of a contextual method to studying local traditions in Islam and outlined the relevance of maintaining harmony between culture and religion in society.

Harmonizing Tradition and Sharia

Muhammad Majdy Amiruddin — 2024-12-31

This study aimed to analyze the application of Istishab, a tenet of Islamic jurisprudence, to address the issues of non-negotiated fish prices within the Iha community, Central Maluku, Indonesia. The community was characterized by complicated relationships between religious principles and cultural traditions, which frequently led to tension. The analysis addressed a significant issue which included the reconciliation of the centuries-old traditions of the community with the Sharia law to prevent disagreements and ensure the group's economic viability. Using in-depth interviews with stakeholders, detailed market observations, and thorough document analysis, this study investigated the social, financial, and normative dynamics of Istishab through a qualitative case study methodology. The results showed that Istishab stabilized prices, reduced conflicts, and supported the community's economic resilience by mediating between Islamic legal principles and cultural practices. This showed the adaptability of Islamic law in adopting and reinforcing local traditions. Furthermore, the study showed how Istishab served as a bridge between cultural and Sharia disputes. It concluded that Istishab provided a practical solution for maintaining harmony in economic transactions within multicultural communities. The results possessed broader implications for the integration of Islamic legal concepts with local practices to promote communal stability.

The Pledges as Alternative to Witnesses in Waqf and Grant Transactions

Tahani Asri Maulidah — 2024-12-31

This study aimed to analyze the role of witnesses and pledges in the settlement of waqf and grant disputes based on the perspective of Islamic law. Although Islamic law had regulated these two concepts in detail, there remained uncertainty in the application regarding the validity of witnesses and pledges in waqf and grant transactions. This analysis focused on addressing the effectiveness of the two concepts in resolving conflicts. A qualitative method with a normative approach was adopted, which further depended on literature studies and juridical analysis of classical and contemporary Islamic legal texts. Data were collected through a review of the fiqh madhhabs legal literature as well as relevant fatwas and further analyzed using the descriptive-analytical method. The results showed that witnesses and pledges played a significant role in determining the validity of waqf and grant transactions. In particular, the pledges could be used as evidence when witnesses were unavailable or ineligible. However, applying both concepts required adjustments to the local context and community customs. The originality of this study lay in the comprehensive approach to the pledges as a legitimate alternative in dispute resolution, providing a new solution in the context of modern Islamic law. Furthermore, this study provided an important contribution to the development of Islamic law related to waqf and grant transactions. The implications of this study were the need for more adaptation to local conditions and further exploration of the practical implementation of these elements.

Usury-Free Capital through Sharia Fintech

Muhammad Fazlurrahman Syarif — 2024-12-31

Sharia fintech (Financial Technology) is an important alternative to overcome the problem of usury prohibited by Islamic law. Therefore, this study aimed to analyze Sharia fintech as a solution for capital without usury based on the perspectives of four madhhabs, namely Hanafi, Maliki, al-Shafi'i, and Hanbali. A qualitative study was conducted with a comparative Islamic law method. Empirical data were collected from classical fiqh literature and contemporary studies related to fintech and usury. The collected data were analyzed through the stages of reduction, presentation, editing, and drawing conclusions from tracing the suitability of Sharia fintech with the principles held by each school. The results showed that there was significant difference between the four schools in interpreting whether Sharia fintech was truly free from usury. The Hanafi and Hanbali madhhabs were more careful in accepting the Sharia fintech model because of the potential for hidden usury elements. However, the Maliki and al-Shafi'i madhhabs were more open, provided that fintech contracts adhere to Sharia principles. The originality of this study was in the comprehensive and simultaneous analysis of the four madhhabs perspectives, which has not been widely investigated in the context of Sharia fintech. The implications of this study include the importance of stricter regulation to ensure full compliance with Sharia principles. Furthermore, this study contributed to financial institutions and regulators in developing Sharia fintech products that were more inclusive and in accordance with the provisions of various madhhabs. More opportunities were also opened for further studies on the implementation of Sharia fintech in multiple countries with different madhhab backgrounds.