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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 2 Documents
 1 
Search results for , issue "Vol 20 No 2 (2021)" : 2 Documents clear
Hassan Hanafi and Islamic Legal Theory: Prihantoro, Hijrian Angga
Mazahib Vol 20 No 2 (2021)
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v20i2.3750

Abstract

Islamic legal theory (popularly known as uṣū al-fiqh in Islamic term) runs into difficulties when dealing with social and humanities issues. Religious texts, according to Hassan Hanafi’s perspective, should not only be positioned as a source of law, but also at the same time must be seen as a phenomenological experiences of religiosity. The dialectic of religious text and today's empirical context needs to be reformulated. By using phenomenological as a methodological tool, Hassan Hanafi makes an effort of reepistemification of uṣū al-fiqh reason into three typologies of consciousness; historical, eidetic, and praxis. These three aspects constitute the discursive relationship to present an anthropocentric dimension in uṣū al-fiqh reason. This article uses qualitative research methods with interpretation criticism approach. This article aims to analyze the new formula offered by Hassan Hanafi’s uṣū al-fiqh reason, and to examine it to criticize the slogan “Back to the Qur'an and Sunna” as a phenomenon of religiosity. Keywords: Uṣū al-fiqh, Hassan Hanafi, Phenomenology, Back to the Qur’an and Sunna
Analysis of Patterns for Inheritance Dispute Settlement in the Tradition of Sasak Community in Lombok haji munir, zainal arifin
Mazahib Vol 20 No 2 (2021)
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v20i2.3774

Abstract

There are several ways conducted by Muslims in solving the problem of inheritance division in Lombok. This article aimed at looking at several patterns of inheritance dispute resolution in the Lombok people tradition (Sasak community. It is derived from qualitative field research by using both theoretical and empirical legal approaches. The data was obtained using observation, interview, and documentation techniques. Lombok people often postpone dividing the inheritance, which eventually causes problems. According to Lombok customary law, postponing inheritance is carried out due to several cultural factors, i.e.: the existence of the parent (either father or mother), the existence of the heirs, and the condition of the heirs. Apart from these factors, several consequences arise including loss of ownership rights, changes in inheritance portion, loss of inheritance rights, vulnerability to manipulation, and triggering family conflicts. The results indicate that: first, the inheritance land division is conducted in different ways such as grants, discussion, and faraid. Second, factors influencing the land dispute cases are greed and lack of information about the inheritance legal system. Third, revitalization is important because it is ruled out in Islamic teachings and is considered absolute for Islam society. This research concludes that the Islamic Inheritance legal system is the proper method to settle land disputes in the Sasak community. Keywords: Islamic inheritance, postponing inheritance, settlement of inheritance disputes.

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