Al-Muqaranah: Jurnal Perbandingan Mazhab dan Hukum

Analisis tentang status anak pada pasangan murtad perspektif UU No. 16 Tahun 2019 dan Mazhab Syafi’i

Moh. Sa’i Affan, Holil Holil — Sat, 26 Apr 2025 00:00:00 +0000

This research addresses the legal status of children born to a couple in which one partner committed apostasy after marriage. The issue arises when a marriage, initially based on Islamic principles following the conversion of one Christian partner to Islam, later becomes complicated as one spouse returns to their previous religion. This situation leads to questions regarding the legitimacy of children born before and after the apostasy, especially in the context of Indonesian Law No. 16 of 2019, which states that a marriage is valid only if conducted according to the religious laws of each party. This study employs a normative legal research method with a comparative approach, focusing on literature review and documentation techniques. The analysis compares the perspectives of Indonesian positive law and the Shafi'i school of Islamic jurisprudence on the child’s status. The findings indicate that, under Law No. 16 of 2019, the children are considered legitimate despite the marriage's invalidity due to differences in religious belief. From the Shafi'i perspective, if apostasy occurs before consummation (dukhul), the marriage is immediately annulled; if it occurs after consummation, the marriage remains valid until the completion of the 'iddah period. In both cases, children retain legitimate status. However, regarding custody, the law does not provide explicit guidance, whereas in the Shafi'i school, custody is automatically granted to the Muslim parent.

Ikatan pernikahan: Menelusuri keseimbangan hak dan kewajiban antara suami dan istri

Nur Faizah, M. Shaiful Umam — Wed, 14 May 2025 00:00:00 +0000

Marriage is a sacred bond between husband and wife that establishes a reciprocal relationship consisting of rights and obligations. This study aims to analyze the balance of rights and obligations between spouses in marriage from legal, religious, and social perspectives. Using a normative approach, the study examines how these rights and obligations are regulated in marriage law and religious values, as well as their implications for household harmony. The findings reveal that achieving a harmonious and sustainable marital relationship largely depends on a proportional understanding and balanced implementation of both parties' rights and responsibilities. This study also highlights the importance of communication and cooperation between husband and wife in fulfilling mutual responsibilities to achieve the goals of marriage.

Sanksi pembunuhan dengan sengaja dalam hukum Islam berdasarkan perbandingan mazhab dan KUHP

Nur Afifah, Ahmad Zaki — Wed, 28 May 2025 00:00:00 +0000

Konsep riba dalam fikih perbandingan dan relevansinya terhadap perkembangan ekonomi digital

Inayah Inayah, Rina Yasmin — Wed, 28 May 2025 00:00:00 +0000

This study examines the concept of riba (usury) from the comparative perspectives of the four major Islamic jurisprudential schools (Hanafi, Maliki, Shafi’i, and Hanbali) and its implications on contemporary digital economic systems. The research is motivated by the increasing prevalence of interest-based transactions in digital financial services such as online loans, digital banks, and e-wallets, raising critical legal questions within the framework of Islamic commercial law (fiqh muamalah). Using a qualitative method based on literature review, the study analyzes both classical and contemporary sources related to riba. The findings reveal that all schools unanimously prohibit riba, despite differences in categorization and application. In the context of digital economics, interest and additional gains without a basis in real transactions fall under prohibited riba. This analysis is reinforced by the maqāṣid al-sharī‘ah approach, which allows for contextual ijtihad to address challenges posed by digital finance while upholding justice and protection principles. The study concludes that reconstructing the law of riba in a contextual yet sharia-compliant manner is essential to maintain the relevance of Islamic law in modern economic systems.

Analisis praktik jual beli saat azan Jumat (Studi komparatif pemikiran Imam Syafi’i dan Imam Malik)

Elizatun Elizatun — Thu, 12 Jun 2025 00:00:00 +0000

This research discusses the practice of buying and selling that occurs during the second call to prayer, a moment that in Islamic law has special provisions. This prohibition refers to QS. Al-Jumu'ah verse 9, which instructs Muslims to abandon buying and selling and immediately perform the Friday prayer. This study aims to analyze the views of Imam Shafi'i and Imam Malik regarding the law of buying and selling during the Friday call to prayer, and to identify the similarities and differences between them. The method used is literature research with a descriptive-comparative approach, analyzed deductively and inductively. The results show that according to Imam Syafi'i, the practice is haram for those who are obliged to pray on Friday, but the contract is still valid. While Imam Malik stated that in addition to being haram, the sale contract is also void. Both of them agree that the prohibition starts from the second adhan, covers all forms of transactions that distract from prayer, and is sinful if done by those who are obliged. However, they differ on the validity of the contract and the ruling on the one who is not obliged to do it. This comparison shows the methodological differences in ruling between the two imams.