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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 8 Documents
 1 
Search results for , issue "VOLUME 14, ISSUE 1, JUNE 2015" : 8 Documents clear
REFORMULASI HUKUM TALAK DI LUAR PENGADILAN Syari, Makmun
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.56 KB) | DOI: 10.21093/mj.v14i1.336

Abstract

Based on the Qur’an and the Hadith, ulama agree that talaq divorce has been prescribed in Islam. The talaq divorce, however, is used as the last resort of discord between a men and his wife in a household that can no longer be maintained or even bring harm to the couple. This article discusses the concept of talaq divorce in Islam. It especially analyses the current practice of talaq divorce in the Indonesian legal system, i.e. by requiring its pronouncement before the Religious Court (Pengadilan Agama) so as to be effectual. Even though this is a novel practice in Islamic law, its application is justifiable in order to prevent arbitrary talaq divorce pronounced by a man as well as to give legal protection and maintenance to a divorced wife and her children after the pronouncement of talaq.        
EPISTEMOLOGI FIQH SABILAL MUHTADIN Pancasilwati, Abnan
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.827 KB) | DOI: 10.21093/mj.v14i1.333

Abstract

This article analyses Sabilal Muhtadin, a magnum opus of Syekh Muhammad Arsyad al-Banjari in Islamic jurisprudence. Al-Banjari is considered as  a prominent intellectual from  Banjarmasin, Indonesia who could contribute to the development of Islamic law beyond the municipal and national territory. In writing the Sabilal Muhtadin, al-Banjari have used three models of ijtihad, namely deductive, inductive, and the combination of the two. In applying the deductive method which should only refer to the verses of the Qur’an or the Hadith, however, he extends it to the opinion of previous Islamic jurits. This then proves that al-Banjari is not an independent mujtahid who exercise free ijtihad like the eponyms of Islamic schools of law. Yet, by applying the inductive (especially, maslahah and sadd adz-dzari’a) and the combined deductive-inductive methods, he is able to accommodate the social changes to the requirements of shari’a. Sabilal Muhtadin thus mirrors the intellectual developments within Islam responsive to the author’s circumstances.
PEMINDAHAN EMBRIO KE RAHIM WANITA LAIN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Ashar, Ashar
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (502.341 KB) | DOI: 10.21093/mj.v14i1.337

Abstract

This article discusses the legal status of a child born from an embryo transfer from a woman who donors the egg to another woman who provide the womb. From Islamic law perspective, a child born from embryo transfer to another woman's womb belongs to the mother who gave birth to her, even though the egg is not from her. This then impacts on the inheritance status whereby the child can inherit from the mother who gave his/her birth, and vice versa. Meanwhile, positive law regards the child is the legal heirs of the parent who have the seed because they are the legal parent of the child pursuant to the agreement that has been agreed by the parties
PENERAPAN PRINSIP-PRINSIP HUKUM PERIKATAN DALAM PEMBUATAN KONTRAK Noor, Muhammad
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (173.426 KB) | DOI: 10.21093/mj.v14i1.338

Abstract

Parties involved in making a contract should understand and be aware of conditions negotiated during the contract making. This is instrumental in order to anticipate disputes that may arise from such contract. When there are disputes in the future, thus, a party may seek remedies of his/her rights that have been injured by another party. This article discusses principles of contract law in Indonesia and its application in the contract making.
PENATAAN DAN PANDANGAN HUKUM ISLAM MUHAMMAD SHAHRUR Asriyati, Asriyati
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (596.516 KB) | DOI: 10.21093/mj.v14i1.334

Abstract

Muhammad Shahrur is a contemporary scholar who offers a reformist approach to Islamic studies. In bringing forth his ideas especially those related to the Islamic issues, he takes into account sociological backgrounds surrounding them. His thoughts, therefore, are phenomenal and even controversial in some areas such as on the issues of polygamy, inheritance limit, veil, marriage, dowry, and ṭalāq. This article analyzes Shahrur’s thoughts related to these problems. It finds that Shahrur’s ideas are based on the careful observation ofIslamic sciences coupled with theories in natural sciences. He thus argues that the nature of scientific truth is tentative and the Qur’ān as a text is open to different meanings and interpretations.
PASAR MODAL DALAM PERSPEKTIF ISLAM Romansyah, Romansyah
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (349.626 KB) | DOI: 10.21093/mj.v14i1.332

Abstract

Capital Markets are long enough to be known by the entrepreneurs and the investors in an effort to expand their businesses or by that of speculators simply for looking for great profits. The Indonesian capital markets are supervised by BAPEPAM in order to prevent illicit transactions that include window dressing. The capital markets may operate through the primary market, secondary market, third market and fourth market; yet, only the primary market that is expected to run in accordance to shari'a. This is because the issuers directly offer their shares or securities to prospective buyers or potential investors without going through the brokers’ services. This article is thus to analyses this primary market option from the Islamic law point of view.
PERLINDUNGAN HUKUM TERHADAP KORBAN PEMBUNUHAN SEBAGAI PEMBAHARUAN HUKUM PIDANA DI INDONESIA Helmi, Muhammad
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.006 KB) | DOI: 10.21093/mj.v14i1.339

Abstract

This article aims at analysing the treatment of crime victim in the criminal justice system and efforts should be made to provide legal protection for the victims of crime. It argues that the treatment of crime victims by law enforcement officers do not fully provide legal protection to the victims. Meanwhile the contruction of justice views that the perpetrators and victims want a more process oriented on the real justice by promoting reconciliantion with the provision of compensation in any form and any source. Islamic criminal law, on the other hands, recognizes a kind of punishment called as blood money (diyat) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or bodily injuries suffered by the victim. Diyat punishment, therefore, do justice to both the perpetrator and victim (or his/her family) because it promotes reconciliation between the parties.
KONSEP SAKINAH, MAWADDAH DAN RAHMAH DALAM AL-QUR’AN (PRESPEKTIF PENAFSIRAN KITAB AL-QUR’AN DAN TAFSIRNYA) Ismatulloh, Ismatulloh
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (602.616 KB) | DOI: 10.21093/mj.v14i1.335

Abstract

One of the purposes of marriage is to create a sakinah (tranquil), mawaddah (affectionate) and rahmah (merciful) life among a husband, a wife and their children. The sakinah, mawaddah and rahmah’s life, however, does not come in handy with the marriage. It must be striven by both men and wives during their marriage. What does the Qur’an say about the concept of sakinah, mawaddah, and rahmah? This article elaborates on these concepts as enshrined in al-Rum : 21 as per the interpretation and translation of the Ministry of Religious Affairs. The Ministry’s interpretation and translation of the verse is necessary to be analysed given its wide use by Muslims in Indonesia. This article finds that the Ministry’s interpretation is not much different from the interpretation put forward by other Qur’anic commentators; it even makes reference to various opinions of the scholars.

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