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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 5 Documents
 1 
Search results for , issue "VOLUME 18, ISSUE 1, JUNE 2019" : 5 Documents clear
Legal Analysis on the Fatwa of Sharia National Council on Rahn: Between Legal Philosophy and Its Implementation in Indonesian Sharia Pawnshop Fedro, Alfarid; Lahuri, Setiawan bin; Ghozali, Mohammad
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1258.333 KB) | DOI: 10.21093/mj.v18i1.1365

Abstract

The function of Sharia Financial Institutions (SFI) is to provide the easiness for the needs of the community in sharia-compliant funding. One of them is Pegadaian Syariah (sharia pawnshop), which offers the pawning (rahn) contract as one of the sharia-compliant quick funding solutions. The National Sharia Council (NSC) realized the need to issue a fatwa on the guidelines on rahn as a form of response to the needs of the community in various SFI products. However, this fatwa contains biased meaning against the concept the rahn which is obscurely implemented between dain and qardh in some SFI contracts. Therefore, this study tries to analyze the DSN Fatwa NO. 25/DSN-MUI/III/ 2000 and DSN Fatwa NO. 26/DSN-MUI/III/2000 concerning rahn between legal philosophy and its implementation in sharia pawnshops from the perspective of Fiqh Muamalah. The result of this study emphasizes that it is necessary to include in this fatwa a legal philosophy underlying reason for pawning (rahn) decision, whether it is debt (dain) caused by buying-selling/trading (bai') or due to money loan debt (qardh). This basis will explain the sharia-compliant boundaries of the implementation of the rahn contract in SFI, especially in sharia pawnshops which still makes qardh the basis for the realization of rahn implementation.Keywords: sharia pawnshops, rahn, qardh, DSN Fatwa NO. 25/DSN-MUI/III /2002 and DSN Fatwa NO. 26/DSN-MUI/III/2002.
The Development Strategy of Intellectual Property Rights and the Quest for Materials Copyrighted in Islamic Higher Education Hervina, Hervina
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (915.898 KB) | DOI: 10.21093/mj.v18i1.1389

Abstract

Intellectual Property Rights becomes a serious discussion in some universities, especially in the Perguruan Tinggi Keagamaan Islam Negeri (PTKIN, State Islamic Higher Education system). The lack of copyrighted academic works in some PTKIN is the background why this article is published. This article aims at looking some development strategies that are exist in several universities in Indonesia. Using empirical studies, this article explores some experiences of three universities related to the strategy of developing intellectual property rights. These three universities are Universitas Islam Indonesia Yogyakarta (UII, Islamic University of Indonesia), Universitas Islam Negeri Sunan Gunung Djati Bandung (UIN Bandung, Sunan Gunung Djati State Islamic University of Bandung) and Institut Agama Islam Negeri Surakarta (Surakarta State Institute of Islamic Studies). This article finds that the development of intellectual property rights institutions in higher education includes four important things: mission, goals, strategies and policies. The conclusion of this article confirms that several universities have established institutions for strengthening intellectual property rights by having clear visions and measurable targets, so as to produce the right policies. Meanwhile, some higher education institutions have not established yet institution of Intellectual Property Right. However, several universities have been starting to strengthen the protection of intellectual property rights by raising some lecturers’ research to be copyrighted academic works.Keywords: Intellectual property rights, strategies for the development of IPR, Universities and IPR in Indonesia.
The Dispute Settlements of Inheritance in Palangka Raya: A Legal Anthropology Approach Syaikhu, Syaikhu
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (978.429 KB) | DOI: 10.21093/mj.v18i1.1441

Abstract

The issue of inheritance distribution does not often lead to conflicts that must be resolved by means of litigation. In resolving conflicts that might arise, the community usually has set a separate rule to distribute inheritance. The people of Central Kalimantan, especially in the City of Palangka Raya, prioritize deliberations that are actually not contrary to Islamic law in resolving their inheritance disputes. Why and how these dispute settlements are conducted? This study uses normative-empirical methods which employs a legal anthropology approach. The results of the study show that the tradition of resolving inheritance disputes in the people of Palangka Raya City of Central Kalimantan prioritizes peaceful settlement disputes by using Islamic law first and then a family meeting is held to determine the agreeable share and distribution of assets. The principle of kinship in the protection of property (hifz al-maal) in the family is adopted, so that the community returns to share property with the negotiation method which is built on family agreements. By referring to Islamic jurisprudence on inheritance, the dispute settlements also aims at sharia compliant in order to adhere to Islamic doctrine (hifz al-din). Finally, they also adopt the principle of responsive thinking which is human based on local wisdom values in society. The conclusion of this study shows that the Palangka Raya City Society combines Islamic law and customary law in the distribution of inheritance.Keywords: dispute resolution, inheritance, Palangka Raya, legal anthropology.
Integrated Marriage Itsbat: Analyzing The Polemics Behind Its Implementation Mustika, Dian; Marlina, Siti
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (960.751 KB) | DOI: 10.21093/mj.v18i1.1344

Abstract

The existence of the Integrated Marriage Itsbat in Jambi City has begun since 2015 but in 2018, it was no longer implemented. One of the reasons is because the number of participants was decreasing. However, the trial of Marriage Itsbat in the Religious Court was still held. This study tries to examine its implementation in Jambi City and the problems surround it. This is an empirical legal research which employs the qualitative data collection through interviews and documentation. The study finds that the implementation of this program was loaded with a number of problems. Even in the reality, the final goal of this program, which is to help disadvantaged people to obtain rights to marriage certificates, marriage books, and birth certificates in one service unit, was not fully achieved. The results of this study indicate that there were a number of problems that had arisen, including: the existence of this program creating chances for increasing unregistered marriages; registration of participants without going through KUA leading to missed checks related to the clarity of previous marital status; a constraint in the publishing process of a Marriage Certificate; and lack of socialization. Hence, future programs of integrated marriage itsbat should be able to address the unintended consequences.Keywords: Integrated Marriage Itsbat, marriage registration, Religious Court, Compilation of Islamic Law.
Regulating Halal Products in Indonesia: Between Religious Needs and Socio-Economic Challenges Susetyo, Heru; Prihatini, Farida; Karimah, Iffah; Ghozi, Ahmad
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1129.369 KB) | DOI: 10.21093/mj.v18i1.1372

Abstract

As the most populous Muslim country in the world, Indonesia needs to spend seven decades until finally enacted the Halal Product Assurance Law in 2014.  There are mixed responses in welcoming this law.  Many Muslims are incredibly pleased with this law, while others believe that this law would create social and economic problems, instead. Four years have lapsed and the law is still difficult to be implemented, since the state has produced none of the implementing regulations of the said law.  Meanwhile, the National Agency for Halal Product Assurance is newly established in 2018.  Therefore, the law on halal product assurance is really at stake.  It seems that the state enacted it half-heartedly. This paper discusses the dynamic of regulating halal products in Indonesia, between spiritual needs and socio-economic challenges. Less Muslim argued that halal is not part of Islamic teaching, yet many people believe that halal product in Indonesia is not merely a religious issue but also a social, economic and even political issue.  The methods for this research are both normative and qualitative. Data are collected mainly through documents, library materials, and field research. To sharpen the findings, comparative studies with Malaysia and Thailand were conducted. In the end, this research reveals the socio-economic dynamics of halal product regulation in Indonesia amid which is beyond religious issues.Keywords:  halal product, Indonesia, regulation.

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