Comparativa: Jurnal Ilmiah Perbandingan Mazhab dan Hukum

CONSIDERATIONS OF I’TIBAR AL-MA’ALAT REGARDING REGULATIONS ON ABORTION IN CASES OF RAPE IN INDONESIA

Sat, 27 Dec 2025 15:57:55 +0000

This study examines the consideration of I’tibar al-Ma’alat in regulating abortion in cases of rape as stipulated in Articles 116 and 118 of Government Regulation (GR) No. 28 of 2024. This research employs a qualitative approach using a literature review method. The findings indicate that abortion is generally prohibited, except in cases of medical emergency or pregnancy resulting from rape or sexual violence. However, the regulation has not fully reflected the principles of I’tibar al-Ma’alat, particularly in the procedure for proving pregnancy resulting from rape. The requirement of a medical certificate and an investigator’s statement lacks clear standards and does not involve comprehensive medical recommendations from psychiatric and obstetric specialists. This condition potentially undermines legal certainty and the objective of mitigating harm, especially psychological risks faced by rape victims. Therefore, strengthening medical and legal coordination is necessary to ensure the regulation aligns with the consideration of legal implications (ma’al).

BLOCKCHAIN AND ISLAMIC LAW: A COMPARATIVE ANALYSIS OF THE FOUR SUNNI SCHOOLS

Fakih Abdul Azis — Mon, 29 Dec 2025 04:42:58 +0000

This study examines the perspectives of the four major Sunni Islamic legal schools—Hanafi, Shafiʿi, Maliki, and Hanbali—on the concepts of māl and ʿaqd and their implications for integrating blockchain technology within the framework of maqāṣid al-sharīʿah. Employing a normative–comparative approach, the study demonstrates that the Hanafi school adopts a relatively flexible conception of māl, grounded in social value and utility recognized by ʿurf, thereby allowing for the recognition of non-physical assets such as cryptocurrencies. By contrast, the Shafiʿi school maintains a more restrictive stance emphasizing physical existence and effective possession. The Maliki school recognizes manfaʿah as a legally protected interest while requiring a high degree of contractual clarity and the avoidance of speculation, whereas the Hanbali school advances the most expansive framework, grounded in maṣlaḥah and the presumption of permissibility in transactions. The study further argues that blockchain technology may contribute to the realization of the five core objectives of maqāṣid al-sharīʿah: ḥifẓ al-māl through transparency and decentralization, ḥifẓ al-ʿaql by mitigating gharar, ḥifẓ al-nasl through secure recordkeeping, ḥifẓ al-dīn by enhancing institutional accountability, and ḥifẓ al-nafs through improved data security and humanitarian aid distribution. Nevertheless, effective implementation requires robust Sharīʿah governance, ethical safeguards, data protection mechanisms, and coherent regulatory frameworks to ensure that technological innovation advances public usufruct while preventing harm.

LEGAL IMPLICATIONS OF PIG-CONTAMINATED IRRIGATION WATER IN ERETON KULON: A FOUR-SCHOOL JURISPRUDENTIAL ANALYSIS

Navis Yusrizal, Rifki Arfanul Hakim, Hilmi Kamaluddin, Sulasiah Al Mujaradah — Tue, 30 Dec 2025 02:08:30 +0000

The practice of bathing pigs in rice field irrigation channels in Ereton Kulon Village, Indramayu, raised concerns among the local Muslim community regarding the potential contamination of irrigation water and its impact on crops. This study examines the concept of impurity (najāsah) in classical Islamic jurisprudence and its application to such agricultural contexts. It addresses two primary questions: whether irrigation water contaminated by pigs becomes legally impure, and whether crops irrigated or fertilized with such water or substances are permissible for consumption. Using a qualitative literature review approach, data from classical fiqh texts and supporting secondary sources were analyzed through a descriptive-analytical method. The findings indicate consensus among scholars that water becomes impure when its essential properties—color, taste, or odor—are altered. Divergence arises in defining the threshold of a “large quantity” of water: the Shafi’i and Hanbali schools set it at two qullahs, whereas the Hanafi and Maliki schools apply alternative criteria. Regarding crop consumption, the majority of scholars, including the Maliki school and certain Shafi’i jurists, permit it, while the Shafi’i position maintains prohibition. The Hanbali school allows consumption under the condition of tangible benefit (intifa’). This study highlights the practical relevance of classical fiqh perspectives on impurity in contemporary agricultural contexts and informs the legal assessment of crops exposed to contaminated irrigation.

SINTUVU AND THE MADIKA SYSTEM OF THE KAILI TRIBE AS A MODEL OF LOCAL WISDOM IN FORMULATING ASYMMETRICAL DECENTRALIZATION POLICIES IN CENTRAL SULAWESI

Randy Atma R. Massi, Wahyuni — Wed, 31 Dec 2025 03:16:29 +0000

In the context of asymmetric decentralization in Indonesia, integrating local wisdom into constitutional policy formulation is increasingly crucial, particularly in regions with distinctive cultural governance systems. This article examines how the Sintuvu principle and Madika system of the Kaili tribe in Central Sulawesi can serve as a normative and strategic model in formulating asymmetric decentralization policies. Using a normative-legal approach combined with socio-legal analysis, this study demonstrates that the Sintuvu tradition (collective cooperation) and the Madika governmental structure constitute a contextual governance system that aligns with principles of responsive law and legal pluralism. The study analyzes the Pali customary law, the Libu nu Maradika deliberative council, and Givu sanction mechanisms as concrete manifestations of local constitutional values. This research argues that asymmetric decentralization in Central Sulawesi should not merely adopt a formalistic approach but must integrate Kaili traditional governance values as a foundation for inclusive, contextual, and culturally-rooted policies. The article recommends a specific policy formulation model based on the Sintuvu principle as the philosophical foundation for regional governance that honors local constitutional identity.

EMOTIONAL UNPREPAREDNESS AND MARRIAGE POSTPONEMENT AMONG MUSLIMS: A MASLAHAH MURSALAH ANALYSIS OF WAITHOOD IN PALU CITY

Hanifa Az-Zahra, Nur Saifa Salsabila, Rahmawati, Ikhlas, Nursalam Rahmatullah — Wed, 31 Dec 2025 03:32:01 +0000

This study examines marriage postponement (waithood) among Muslims in Palu City through the lens of maslahah mursalah in Islamic jurisprudence, addressing the limited attention given to emotional readiness within existing studies on waithood. Employing a qualitative descriptive design with an empirical juridical and normative theological approach, data were collected through interviews, observation, and documentation involving eight Muslim individuals who delayed marriage due to emotional unpreparedness. The findings identify four dominant psychological and social factors underlying marriage postponement: past trauma, fear of marital failure, family responsibilities, and concerns over post-marital socio-economic stability. Drawing on Imam al-Ghazali’s framework of maslahah mursalah, this study argues that postponing marriage to attain emotional readiness constitutes a form of preventive public interest (maslahah wiqā’iyyah), as it serves the objectives of Islamic law (maqāṣid al-sharīʿah), particularly the preservation of psychological well-being (ḥifẓ al-nafs), rational deliberation (ḥifẓ al-ʿaql), and family continuity (ḥifẓ al-nasl). This research contributes to Islamic family law discourse by reframing waithood as an ethically grounded and legally coherent strategy rather than a deviation from Islamic norms, thereby extending waithood studies into the psychological–emotional dimension within an Islamic legal framework.