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Mazahib
ISSN : 18299067     EISSN : 24606588     DOI : -
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
Search results for , issue "VOLUME 4, ISSUE 1, JUNE 2007" : 8 Documents clear
EKONOMI ISLAM: KAJIAN KONSEP DAN MODEL PENDEKATAN Iswadi, Muhammad
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.514

Abstract

This article is to describe Islamic views on economy as they have been enhsrined in the Koran. There are at least three explanations of what constitute Islamic economy: first, the science of Islamic economy; second, the system of Islamic economy, third, the economy of Muslim. The emergence of Islamic economy is very much to do with the doctrine of riba prohibition. In its modern practice, banking interest is deemed to be riba. In addition, the study of Islamic economy in modern time has been undertaken by means of different approaches.
HUKUM ISLAM: ANTARA TEKS, MORAL, DAN AKAL Haries, Akhmad
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.510

Abstract

The development of paradigm of modern scientific has a significant impact on the development of jurisprudence. A case in point is the influence of postmodernism which has led to a thought that law is no longer deemed as merely a social reality; instead, law is also a metaphysical reality. The shift of jurisprudence paradigm from positivism to postmodernism is considered in line with Islamic thoughts on jurisprudence. This is because: first, Islamic jurisprudence requires the combination of mind and heart; second, the shortcoming of bayani, `irfani and burhani epistemology necessitates a par excellence epistemology i.e. their combination; third, religious morality plays an important role in forming a social order.
KONSEP DAN OPERASIONALISASI PEGADAIAN SYARIAH Norvadewi, Norvadewi
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.515

Abstract

In Islamic jurisprudence, the contract of pawn is called as rahn meaning to deposit something as security for a loan. Rahn initially was used to accomplish the transaction of loan by means of qard. In its development as practiced by Syariah Pawnbroker, another form of contract in rahn has been employed, i.e. mudharabah. When a costumer decided to use mudharabah in the rahn contract, the rahn functions to save up article deposited as for future use. The Syariah Pawnbroker then serves as investor, while the customer serves as businessman.
ABU HAMID MUHAMMAD AL-GHAZALI DAN METODE IJTIHADNYA DALAM AL-MUSTASHFA Mutamam, Hadi
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.511

Abstract

Al-Ghazali (1058 H/1111 M) is one of the prominent Islamic scholars who lived during the golden age. Due to his great contribution, al-Ghazali’s thoughts have been studied for centuries and deemed to be an important Islamic legacy. Al-Ghazali’s eminence in Islamic history can be seen from the title given to him, i.e. hujjatul Islam (the great defender of Islam) and the classical status of his work ‘al-Mustasyfa’, a book of Islamic juriprudence theory. He based his thought on three major Islamic sources: al-Qur’an, the Sunnah, and sound mind. This then have been employed in his discussion on the argumentation of ijma’.
JUAL BELI GHARAR (Tinjauan terhadap Proses dan Obyek Transaksi Jual Beli) Nur Zaroni, Akhmad
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.516

Abstract

Islam has urged its follower to seek sustenance through trading. As a matter of fact, the Prophet is a role model of a successful trader and so did many of the Prophet’s companion e.g. Abu Bakar, Umar Ibn Khattab, Utsman Ibn Affan, Abdurrahman Ibn Auf and so forth. When urging the trading, Islam has given guidelines of what is allowed and prohibited. One of them is the prohibition of gharar because it involves uncertainty (betting or gambling) in doing business. This article is to discuss the concept of gharar in Islamic business law. Accordingly, there are two types of gharar i.e. uncertainty in contract and uncertainty in object of contract.
REKAYASA GENETIKA DALAM PERSPEKTIF ISLAM (Kontroversi Kloning Terhadap Manusia) Zamroni, Zamroni
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.512

Abstract

The development of gene technology has created some problems insofar as ethical questions are concerned. One form of the advancement of gene technology is human cloning which leads to harsh polemic between the proponents and the opponents. Both parties claim that their arguments are sound because they have carefully considered many aspects. How Islam views this human cloning issue will be discussed by this article. It argues that Islam’s position on this issue will be contingent upon how far moral is taken into account in determining the legal status of human cloning.
HARGA DALAM PERSPEKTIF ISLAM Birusman Nuryadin, Muhammad
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.517

Abstract

In every business, pricing is a very important stage. This is because price will influence the status and performance of company finance; let alone the customers’ perception and positioning the brand. Failure in pricing will have long terms impacts on the company’s existence. In Islam, price becomes a standard of exchange between money and goods/services that a buyer and a seller must be willing. Any methods may be employed to price as long as they fulfill some requirements underlined by Islam.
RADD DALAM HUKUM KEWARISAN DI TUNISIA Andar Yuni, Lilik
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.513

Abstract

According to etymology, radd means to return. In its terminology, radd is returning what remain from the deceased property to dzawil furudh nasabiyah pursuant to their portion if there is no other heirs entitled to receive the property. According to Maliki’s school of law, radd cannot be returned to dzawil furudh nasabiyah; it should be given to baitul mal (Islamic treasury), instead. Tunisia which adopts Maliki’s school of law, interestingly, promulgate a somewhat different concept of radd in its family law. This article therefore is to discuss this inconsistency.

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