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Mazahib
Published by Institut Agama Islam Negeri Samarinda
ISSN : 18299067     EISSN : 24606588     DOI : -
Core Subject : Humanities, Education, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
MAZAHIB Jurnal Pemikiran Hukum Islam (MAZAHIB Journal of Islamic Legal Thoughts, p-ISSN: 1829-9067, e-ISSN: 2460-6588) is a peer-reviewed journal published by the Faculty of Sharia, Samarinda State Institute of Islamic Studies (IAIN Samarinda). This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process.
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Articles 7 Documents
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Search results for , issue "VOLUME 12, ISSUE 2, DECEMBER 2013" : 7 Documents clear
KEKERASAN DALAM RUMAH TANGGA Perspektif UU No. 23 Tahun 2004 Tentang PKDRT dan Hukum Islam Pancasilwati, Abnan
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (413.025 KB) | DOI: 10.21093/mj.v12i2.323

Abstract

Domestic violence is one of the manifestations of violence that gender base and it is culture phenomenon that be constructed by many variables, among other, social system, culture, legal and religious beliefs. Gender injustice is a system and a structure in which both men and women are victims of the system. Domestic violence is born because of the relationship of husband-wife is hierarchical-structural, where the power relation between them are not unbalanced pattern, where unequal relationship that just gets juridical legitimation by the state, cultural and religious doctrine. Gender injustice manifested in various forms of injustice, namely marginalization, subordination stereotypes, violence, double burden, and the socialization of gender roles ideology that not equal. Therefore  struggle to advocate for grounding principle of gender equality include three dimensions, namely efforts to reinterpretation legal subtances (positive and religion), build a culture community that gender sensitive and oversight of law enforcement officers.
MASLAHAH MURSALAH SEBAGAI METODE DALAM PENETAPAN HUKUM ISLAM Haika, Ratu
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v12i2.324

Abstract

At ushul fiqh study, has been negotiated that there were four sources of Islamic Law, namely Al Qur’an, Hadits, Ijma’ and Qiyas.  At its development also many methods that known as determination of Islamic Law, including maslahah mursalah.  Maslahah divided into three area, namely accepted by syara’, ignored by syara’ and be debated by fuqaha because there were no postulate both accept and also ignore that.  the third ones that become the object of maslahah mursalah theory or a term introduced by Imam Malik.  Maslahah mursalah as a method or source of legal determination is used by some of ulama but some others especially from follower of mazhab asy-Syafi’iyah denied whereas based on the research results, Imam asy-Syafi’I and follower, Imam Gazhali, accept it. 
PERLINDUNGAN TERHADAP INDIKASI GEOGRAFIS (PRODUK YANG DISTERTAI NAMA TEMPAT) DALAM RANGKA HUKUM NASIONAL DAN HUKUM INTERNASIONAL Anggraini, Nita
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (346.938 KB) | DOI: 10.21093/mj.v12i2.330

Abstract

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Whether a sign functions as a geographical indication is a matter of national law and consumer perception.Our Country rich of local products that consist the name of place. There are many example of goods which consist of the name of the place as like: Sarong Samarinda, Coto Makassar, Apel Malang, Dodol Garut etc. As a contracting party of World Trade Organization especially Trade Relate Intellectual Property Right, Indonesia hava regulation to protect the product,  UU No. 15 Tahun 2001 tentang Merek and PP No. 51 Tahun 2007 tentang Indikasi Geografis.
KLASIFIKASI AYAT-AYAT HUKUM (DARI SEGI QATH`I DAN ZHANNI) Subhan, Subhan
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (306.55 KB) | DOI: 10.21093/mj.v12i2.325

Abstract

Qur’an from al-tsubut view is qath’i.  Qath’i disavowal will bring theologies consequencies.  However, from al-dalalah view, Qur’an verses are some qath’i and others zhanni.  Qath’i al-dalalah is a permanence that point to particular meaning that not contain possibility to be ta’wil or far away from original meaning and there is no space or opportunity to understand besides it.  At the same time zhanni al-dalalah is that still contain two or more probability.
SISTEM KERJA DAN PRINSIP PASAR MODAL SYARIAH Parno, Parno
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.472 KB) | DOI: 10.21093/mj.v12i2.326

Abstract

Islamic capital market is the capital market that applies the principles of sharia or the instruments of marketable securities must meet kosher criteria. Prohibition of any transaction that contains elements of usury, maysir, gharar, bay 'najasi, ihtikar. Ban on all investments are not made on the spot, meaning harmony and the terms of the transaction to be complete. Description of the legal basis and principles of capital market transactions above, especially concerning contract forms will provide a way for academics and investors who want to consistently use Islamic principles in assessing the critical instruments of investment instruments available in the capital market . Instruments and transactions that are prohibited in the capital market are preference shares, options, futures, margin trading, short-selling.Instrumen instruments in accordance with sharia is stock (ordinary), Islamic bonds, Islamic mutual funds.
EKONOMI ISLAM DAN POLITIK HUKUM DI INDONESIA Iswanto, Bambang
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (392.874 KB) | DOI: 10.21093/mj.v12i2.322

Abstract

This paper will elaborate on the history of modern Islamic economic and political relationship with the law in an attempt to formulate a variety of Islamic economics Law. This article also describes the  position of Islamic economic in the Indonesian legal system so that it will be obtained a description of how an implementation of Islamic economic in the Indonesian economy. This picture is quite important to know to look atbase for development of Islamic economic laws existing in the two periods, the New Order and Reform Era.
FIQH EKOLOGI MEMBANGUN FIQH EKOLOGIS UNTUK PELESTARIAN KOSMOS Ridwan, Ridwan
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.126 KB) | DOI: 10.21093/mj.v12i2.331

Abstract

I should say that according to Islam, everything in the universe is created by God. It is God Who adorns the skies with the sun, the moon and the stars, and the face of the earth with flowers, trees, gardens, orchards, and the various animal species. It is again God Who causes the rivers and streams to flow on the earth, Who upholds the skies (without support), causes the rain to fall, and places the boundary between night and day. The universe together with all its richness and vitality is the work and art of God, that is, of the Creator. We are God’s vicegerents on the earth; it has been given us in trust. Just as we are not the lords of nature and the world, so the world is not our property which we can dispose of as we wish or as we are able. Nature was created by God and it belongs to God. Everything in nature is a sign of God’s existence.The article should tried to the readers on islamic studies that Islamic maintsream doctrine one of the most important was fiqh event regognized as fiqh civilization, but it has stagnance of the Islamic jurist progress to creat of jurisprudence until today, its impact for the habitual of moslems community all the corner of the world didn’t recognized as well as Islamic pillars and the five destination of shariah (maqashid ash syari’ah), as a moslem prominent thinker Yusuf Qardhawi added it one more as became hifdz al bi’ah. Nowdays, Islamic jurisprudence very compatible to creat new stream on fiqh as wellknown an ecological fiqh. Fiqh’s views basicly on the environment, cosmos ethic and earth conservation.   

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