Al-Muqaranah: Jurnal Perbandingan Mazhab dan Hukum

Pengembangan hermeneutika hukum al-Shāṭibī dalam konteks tafsir tematik al-Qur'an: Analisis kritis terhadap karya Mohamed El-Tahir El-Mesawi

2025-09-05T11:21:42+00:00

This study explores the development of al-Shāṭibī’s legal hermeneutics in the context of thematic Qur’anic exegesis, with a critical analysis of Mohamed El-Tahir El-Mesawi’s works. The main focus is to identify both the contributions and limitations of El-Mesawi’s thought, which emphasizes the epistemological dimension of maqāṣid al-sharīʿah but has yet to provide an operational methodological framework for thematic exegesis. This research employs a qualitative library-based method with critical hermeneutical analysis and a maqāṣidī approach. The findings reveal that El-Mesawi’s framework remains normative and conceptual, thereby requiring the development of a more practical model. This article proposes a five-step operational methodology for maqāṣid-based thematic exegesis: theme identification, verse compilation, semantic-contextual analysis, social verification, and the formulation of sharīʿah-oriented solutions. This model highlights the importance of integrating Qur’anic texts, maqāṣid al-sharīʿah, and contemporary social realities so that exegesis transcends normative discourse and becomes a responsive tool for addressing modern challenges. Theoretically, this study enriches Qur’anic hermeneutics by expanding the horizon of maqāṣidī exegesis toward a more applicable framework. Practically, the proposed model provides guidance for academics, exegetes, and Islamic educational institutions in producing contextual interpretations that respond to urgent issues such as social justice, gender equity, and environmental sustainability.

Analisis khiyar majlis pada transaksi e-commerce live streaming: Perspektif fikih mazhab Syafi’i-Maliki

2025-09-05T11:20:33+00:00

The rise of live streaming-based e-commerce has transformed modern trade practices, introducing new challenges in applying Islamic legal principles such as khiyar majlis. This principle allows both seller and buyer to choose whether to proceed with or cancel a transaction while they remain in the same session (majlis). In digital contexts, however, the concept of a majlis becomes unclear, prompting differing interpretations among scholars. This study analyzes the applicability of khiyar majlis in live streaming e-commerce from the perspectives of the Syafi’i and Maliki schools. The Syafi’i view supports the continued validity of khiyar majlis in digital spaces as long as the interaction persists. Conversely, the Maliki school does not recognize khiyar majlis in the absence of direct, physical meetings. Using a descriptive-analytical method, this research examines the relevance of khiyar majlis to consumer protection and fairness in digital transactions. The findings suggest that khiyar majlis can still be implemented in digital commerce, provided the process ensures transparency and protects both parties’ rights.

Konsep Tabanni (Pengangkatan Anak) dalam Islam: Antara tradisi dan ketentuan syariah

2025-08-28T01:46:54+00:00

The practice of child adoption (Tabanni ) in Indonesia still poses problems due to differences between community traditions, Sharia provisions, and positive legal regulations. Some communities treat adopted children as biological children, including in terms of lineage and inheritance, even though Sharia law stipulates that adoption cannot erase blood ties with biological parents. This study aims to analyze the concept of tabannī in Islam, examine positive legal regulations, and identify practical implications and gaps between legal norms and social practices. The research method used is qualitative with a normative-empirical approach (socio-legal research). Data were obtained through literature studies, legal document analysis, and review of previous studies. The analysis was conducted using the ijtihad maqasidi approach to examine the compatibility of Tabanni practices with sharia objectives and compare them with social realities in society. The results of the study show that Tabanni in Islam is limited to the aspect of child maintenance without changing lineage, inheritance rights, or marriage guardian status. Indonesian positive law through the Child Protection Law, Government Regulation No. 54 of 2007, and the Compilation of Islamic Law affirms that adopted children still have a blood relationship with their biological parents and only acquire property through grants or mandatory wills. However, social practices often equate adopted children with biological children, thereby giving rise to legal uncertainty, inheritance disputes, and other issues.

Perhitungan matematis qodho’ puasa dengan metode penentuan jumlah hari menurut madzhab Syafi’i

2025-09-05T11:17:37+00:00

Ramadan fasting is a fundamental obligation for every Muslim who is mature and of sound mind. However, in practice, there are conditions such as illness, travel, or certain factors that prevent a person from fasting fully. In Shafi'i fiqh, the obligation to make up (qodho') fasting is a must. If the postponement of qodho' lasts until the next Ramadan without a valid excuse, then in addition to the obligation of qodho', fidyah is also added. The problem that arises is the confusion among the community regarding how to calculate the number of qodho' days and the amount of fidyah that must be paid, so a more systematic calculation formula is needed. This study aims to formulate a mathematical calculation for qodho' fasting using the method of determining the number of days according to the Shafi'i school of thought, so that it can be applied practically and remains in accordance with the provisions of fiqh law. The research method uses a literature study with a descriptive-analytical approach. Data was obtained through a search of classical Shafi'i school literature, such as al-Umm by Imam Shafi'i and al-Majmū' by Imam Nawawi, and reinforced with contemporary sources in the form of fatwas from scholars, scientific articles, and guidelines from official religious institutions. The results of the study show that the calculation of qodho' fasting can be formulated in a simple mathematical model, namely the number of days of fasting that are missed multiplied by the total number of Ramadan days that have passed. If the postponement is carried out without a valid reason, then the obligation of fidyah is added according to the number of days postponed. This provides practical clarity for Muslims, minimizes confusion, and strengthens the community's understanding of the balance between fiqh norms and practical needs. In conclusion, the mathematical calculation of qodho' and fidyah according to the Shafi'i school of thought can be an effective educational solution, making it easier for the community to practice the teachings, while bridging classical texts with contemporary contexts.