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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 6 Documents
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Search results for , issue "VOLUME 16, ISSUE 1, JUNE 2017" : 6 Documents clear
Pendekatan Istishlāhi dalam Ijtihad Abu Bakar Al-Shiddiq Ikromi, Zul
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (728.508 KB) | DOI: 10.21093/mj.v16i1.678

Abstract

Abstract:This article discusses how one of the most important figures in the history of Islam, the Caliph Abu Bakr al-shiddiq, solved the problem of Islamic law. As a literature-based study, this article focuses on solving legal issues that have no implicit basis in the Qur'an because of the different times between the life of the Prophet Muhammad and the Caliph Abu Bakr as-Siddiq. It then attempts to analyze the method of ijtihad employed by Abu Bakr as-Siddiq. This article has significance in assessing methods of resolving contemporary legal problems that have no legal basis found in the source of Sharia especially in the Qur’an. This study is certainly relevant to the present conditions which have different circumstances compared to that of when the Qur'an was first revealed. It thus reveals that Abu Bakr al-Siddiq used the istishlāhi (consideration of public welfare) approach, which makes the mashlahat (public welfare) a reference in the knowing the God’s law on a human act (ijtihad). The mashlahat approach adopted by Abu Bakr al-Siddiq guided by the general spirit of the text of the Qur'an and the traditions of Prophet Muhammad. In addition, this mashlahat approach also comes from other ijtihad methods such as ijmā', qiyās and mashlahah mursalah. The ishtishlahi approach in ijtihad Abu Bakr as-Siddiq can be seen in the case of possibility of collecting the Koran, the establishment of financial and judicial institutions, fighting the apostates and anti-zakat. In such cases, it is concluded that ijtihad cannot be performed by one method alone; it takes many approaches that ultimately leads to the consideration of public benefits.Keywords: Istishlāhī approach, ijtihad, Abu Bakar al-Shiddiq 
Rekonstruksi Hukum Kewarisan Beda Agama Ditinjau dari Al-Ushūl Al-Khamsah Tohari, Chamim
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (725.884 KB) | DOI: 10.21093/mj.v16i1.625

Abstract

                                                              Islamic Inheritance Law is believed to be a law containing rules that are in line with public interest. Hence, only few Moslem scholars (ulama’) have conducted ijtihad on the topic in order to reform its rules and bring them pursuant to contemporary situation. Consequently, when there is a gap between the ideal of Islamic inheritance law (i.e. maslaha) and its application in the Islamic society, a rational ruling over the problem of inheritance division faced by Moslems becomes unavailable. Given this, it is necessary to re-interprete the textual sources of Islamic Inheritance Law, in order to come up new rules pursuant to the objective of syari’ah. One of the pressing problems need to be resolved is about the status of Muslim heirs whose inherits from their non-Moslem family. This article thus discusses two main issues: first, what the opinions of Moslems scholars are about a Moslem who inherits from his/her non-Moslem family; and second, which opinion is the most relevant to the al-uṣhūl al-khamsah. This article is doctrinal legal research which employs comparative and deductive analysis. It reveals that: (1) the Moslem scholars are devided into two groups of thought, the first group forbid a Moslem to inherit from his/her non-Moslem family, and the second group allow it; (2) the most relevant opinion to the objective of syari`ah is the second opinion. This is so because the admissibility of a Moslem to inherit from his/her non-Moslem fulfils the criteria of public interest of essential and complimentary level. Keywords: Islamic Inheritance law, interfaith inheritance law, istiṣlāhi, al-uṣūl al-khamsah.  
Stabilizing Muslim Marriages: Some Reflections on Ethical Dimension of Family Law Reform Haneef, Sayed Sikandar Shah; Abdul Razak, Mohd Abbas Bin
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.354 KB) | DOI: 10.21093/mj.v16i1.816

Abstract

Marriage breakdowns and family instability with their debilitating after-effects on women and children are the hallmark of greatly mechanized global community at present time. To remedy the situation, social scientists have diagnosed a multitude of variables as the precursor for the upward trends in marriage breakdowns and family disintegration. In Malaysian context, women`s financial independence, easy access to multimedia and early marriage are among the factors which account for the rising phenomenon of divorce even during the early years of marriage among Muslims.  To remedy the situation, marriage counseling, law reform and pre-marriage courses are mostly emphasized by both mainstream legal scholars and women right activists. It is my considered opinion that these formalistic approaches if not integrated with the emphasis on ethical side of Islamic law may cause more marriage breakups than enhancing families.  The bigger issues in terms of ethical management of Muslim family, such as marriage fidelity, sense of commitment to care for women and children, and spousal mutual empathy and responsibility may help a great deal in acculturating our society from early childhood to adolescence and through adulthood. The paper, therefore, argues for the more concentrated ethical approach for addressing the underlying causes of marriage disability in order to give more effect and meaning to the existing formalistic social and legal measures by reforming Muslims` mindset and outlook towards family. Keywords: family disability and marriage breakdowns in Malaysia, ethical management.
Undemocratic Response Towards "Deviant" Judgement and Fatwa: Sunni-Shiite Conflict in Sampang, Madura, East Java Widyantoro, Hary
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (526.739 KB) | DOI: 10.21093/mj.v16i1.768

Abstract

AbstractThe study discusses how civic groups have judged other as "deviant" in the case of Sunni-Shiite conflict in Sampang, Madura, and how the state has responded to it.  The term “deviant” has been an important subject to study in Indonesia because it helps us to understand how certain communities other the others who are different in terms of religious understandings. This article argues that the state has undemocratically responded towards several groups’ judgment on Shiite in Sampang of being deviant; while Shiite community in Sampang are Indonesian citizen who are subject to the state protection. This situation is further exacerbated by the MUI recommendation to the state to stop Shiite community from practicing their rituals, as it clearly violates religious freedom and democracy. This study uses secondary data in the forms of the MUI fatwa, Tajul Muluk case documentation in Catatan Keberagamaan by Center for Religious and Cross-cultural Studies, and the conflict escalation narration by previous scholars. As a study focused on the dynamic of the conflict, this paper helps scholars, activists, and government critically comprehend the relation between the state and civic groups before and during conflict escalation. Further, it becomes critical analysis towards the implementation of democracy in Indonesia.Keywords: Sunni-Shiite conflict, deviant sects in Indonesia, fatwa, Democracy
Musykilah al-I’tidā ala al-Mahārim fī Malaysia: Tahqīqu Ahammiyati Qīmah al-Isti’dzān fi al-Islām wa Jawānibuhā al-Tarbawiyyah Binti Ali, Nurul Badriyah; Elatrash, Radwan Jamal
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1317.452 KB) | DOI: 10.21093/mj.v16i1.773

Abstract

The problem of incest, including its incidence among Muslim societies, is one of the major legal cases faced by lawyers in Malaysia. Incest cases are often hidden because they are considered a disgrace of the family and society that cannot be forgiven. As a result, justice for the victims is difficult to enforce, and the case continues to occur because the law is considered not able to ensnare the perpetrators (deterrence effect). One researcher found that among the causes of incest is the ignorance of Islamic law in everyday life, especially in applying the values of "isti'dzān" (asking for permission). The concept of "isti'dzān can keep the soul and human behavior from falling into social problems. This is because the private territory (space and time) of family members, who live in the same house, including their modesty in dressed in the house, has been regulated by Shari`a in such a way. This paper is an analysis of the legal philosophy of the concept of "isti'dzān" in relation to the incidence of sexual intercourse, and the possibility of its application among Malaysian Muslim society. This paper concludes that applying the concept of asking permission to enter the private territory of family members living in the home is important to maintain the honor of each family member. This is very likely applied in Malaysian Muslim society through religious education on "isti'dzan" in schools or places of worship. With "isti'dzan" and keeping the modesty at home, it is expected that incidents of sexual intercourse can be prevented.Keywords: Islamic permission value, Islamic educational aspect,incest problem
Subject and Author Index Ahyar, Muzayyin
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (561.195 KB) | DOI: 10.21093/mj.v16i1.845

Abstract

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