Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum

Body Shaming in Contemporary Islamic Law: A Comparative Analysis of the Ja’fari Methodology and Al-Ghazali’s Maqashid Approach

2026-05-09T15:25:19+00:00

The phenomenon of body shaming on social media demonstrates how digital spaces can give rise to new forms of harassment that impact individuals’ dignity and psychological well-being, calling for a reinterpretation of Islamic law through contemporary ijtihad. This study examines the application of contextual ijtihad in addressing body shaming by comparing the Ja’fari istinbath methodology with Al-Ghazali’s maqashid approach through qualitative research. The findings indicate that the Ja'fari istinbath methodology, which positions reason as the third source of law after the Qur’an and hadith, offers greater scope for formulating legal provisions on digital ethics and social media harassment. Meanwhile, Al-Ghazali’s maqashid approach emphasizes safeguarding the five basic human needs (al-kulliyyat al-khams), particularly hifdz al-nafs and hifdz al-‘aql, directly related to dignity and psychological integrity. Both approaches converge in affirming the urgency of preserving human dignity as a core objective of Sharia. This study concludes that integrating the Ja’fari methodology and Al-Ghazali’s maqashid provides a comprehensive foundation for an Islamic legal response to body shaming, encompassing prevention, victim protection, and behavioral rehabilitation for perpetrators.

A Comparison of the Reconstruction of Zakat Collectors’ Rights: Comparative Analysis of MUI Fatwa No. 8/2011 and Irsyad Fatwa No. 168/2022 Regarding the Operational Deficit of Zakat Institutions

2026-06-14T13:39:22+00:00

Zakat collection agencies in Indonesia and Malaysia face operational deficits due to limitations on the rights of zakat collectors, even though zakat collection continues to increase. This study aims to compare MUI Fatwa No. 8 of 2011 and the Federal Territory Mufti’s Irsyad al-Fatwa No. 168 of 2022 regarding the limitations on the rights of zakat collectors. Using a normative qualitative approach with descriptive-analytical methods and literature review, the analysis is framed by the theories of Maqasid al-Sharia and Maslahah Mursalah. The results show that the MUI Fatwa emphasizes flexibility without fixed limits to adapt to operational contexts, while the Irsyad Fatwa strictly limits the fee to 1/8 to uphold the trust in accordance with the Shafi’i school of thought. These differing approaches impact operational efficiency and public trust: flexibility enhances efficiency but requires strict oversight, while rigid restrictions build trust but hinder institutional performance. This study enriches the discussion on contemporary fiqh muamalah and offers policy recommendations for sustainable zakat management.

STRATEGIES AND CHALLENGES IN PREVENTING STUDENT AND YOUTH BRAWLS AS A CRIMINAL ACT: AN ISLAMIC LAW PERSPECTIVE

2026-06-21T09:56:16+00:00

The phenomenon of student and youth brawls represents a recurring form of collective violence with serious implications for personal safety, public order, and social stability. This article analyzes strategies and challenges in preventing student and youth brawls as criminal acts from an Islamic legal perspective, employing a normative-juridical and socio-legal approach grounded in uṣūl al-fiqh principles. The findings reveal that student and youth brawls constitute acts fundamentally contrary to the primary objectives of Islamic law (maqāṣid al-sharīʿah) and are therefore subject to prevention under several fiqh principles. From an uṣūl al-fiqh standpoint, the prevention of student and youth brawls must be understood not merely as a reactive response to consequences, but as a proactive effort to eliminate potential harm through a systematic preventive framework. Nevertheless, effective implementation remains hindered by several persistent challenges, including the normalization of a culture of violence among adolescents, the pervasive influence of digital media, weakened social control mechanisms, and the growing gap between Islamic legal norms and contemporary social realities. This article argues that synergy among Sharia values, state policy, and active community participation constitutes a fundamental prerequisite for effective student and youth brawls prevention in modern society.