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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 2, December 2017" : 6 Documents clear
Pengaturan Tindak Pidana dalam Qanun Aceh: Komparasi Antara Qanun No. 12, 13, 14 Tahun 2003 dengan Qanun No. 6 Tahun 2014 Berutu, Ali Geno
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (810.309 KB) | DOI: 10.21093/mj.v16i2.821

Abstract

The authority of the implementation of Shariah given by the Government of Indonesia to the Government of Aceh is the Shari'a in a broad sense, namely the guidance of Islamic teachings in all aspects of life. Consequently, it then includes the implementation of Islamic criminal law in the form of qanun (laws established by Muslim sovereign) in Aceh.  Yet, its application was limited to certain aspects of offences in Islam, and its drafting as well as deliberation were hasty. They were Qanun No. 12 (Khamr / consumption of liquor), 13 (Maisir / gambling) and 14 (Khalwat / being alone with someone of the opposite sex who is not a spouse or a relative) which were adopted in 2003. the selection of these three qanun was not without reason. The first reason, these three types of offences are a form of immoral deeds in the Shari'a and are very disturbing community, but have not been handled properly. Secondly, the euphoria of the society in the form of extra-judicial sentences by the people against these three types of offences. To prevent vigilantism, the aforementioned three qanun were enacted as a form of anticipation of the various chaoses in the Aceh community. This study examines the weaknesses contained in the Qanun 12, 13 and 14 Year 2003 and how the new qanun no. 6 Year 2014 concerning Qanun Jinayat Aceh overcome them. This paper argues that the weaknesses that exist in the old qanun have been covered by new qanuns because of more attention to the theory of Islamic law, the principle of Islamic criminal law, and, even to some extent, the principles of human rights were given in its deliberation.Keywords: Qanun, Khamar, Maisir, Khalwat, Jināyāt. 
Polemik Usia Hewan Aqiqah: Studi Komparasi Pendapat Imam Madzhab Hukum Islam Zainuddin, Cholidi; Azkia, Zuraidah
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1224.117 KB) | DOI: 10.21093/mj.v16i2.679

Abstract

This article seeks to explore about the normative age of animals sacrificed in the aqiqah process. Aqiqah is Islamic terminology which signifies the sacrifice of an animal on the occasion of a child's birth. This normative study is based on the phenomenon of the sacredness of the aqiqah process that every economically capable parent is required to do. Several questions arise related to the phenomenon: is the type and age of animals sacrificed for aqiqah equal to the sacrificial animal requirements slaughtered on the day idul adha? How did the jurists of the Islamic school of law base their arguments on the age of aqiqah animal? The study finds that there is hardly any fundamental difference from classical scholars about the age of aqiqah animals. The results of this study confirm that animals can be slaughtered as aqiqah when it reaches the age of al-tsaniy/tsaniyah/musinnah except for sheep which is sufficient with the age of al-jadza’/jadza’ah. Nevertheless, some Islamic jurists, though a minority, say that aqiqah animals slaughtered below the age are still valid and counted as rewards for the parents.Keywords: Islamic law, aqiqah in Islam, age of animals sacrificed in the aqiqah, al-tsaniy and al-jadza’
A Reflection on Women Attire in The Quran; A Study On Ayat Al-Hijāb Binti Ramli, Angraini; Elatrash, Radwan Jamal
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (748.736 KB) | DOI: 10.21093/mj.v16i2.818

Abstract

Hijab, jilbab or khimar known as a piece of garment which usually worn by Muslim women in order to obey their God. It becomes a symbol that shows their identity. Besides, Hijab has a particular meaning according to multiple perspectives which resulted variant styles and types of hijab in one community, with or without syari’ah compliance. Fashion trends also plays the role in modifying women attire and the issue about this seems more complicated since the guidelines were avoided. This paper will goes through the commentaries of Qur’an to examine the requirements of proper women attire as mentioned specifically on ayat al-hijab. It results that Qur’an already put some guidelines on proper attire for Muslim women such as: the garments used to cover body parts is must be long, wide and thick enough. Not being overdressed also included as a requirement.Keyword: Hijab, Women Attire, Syari’ah compliance, Islamic Dress Code.
Gerakan Salafiyah: Islam, Politik dan Rigiditas Interpretasi Hukum Islam Salman, Abdul Matin bin
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1077.186 KB) | DOI: 10.21093/mj.v16i2.855

Abstract

Salafiyah lately has become the scourge of modern states because the banality of their interpretation of Islamic law is considered rigid and not in line with the global world that is increasingly plural. This article attempts to discuss the various variants of salafism and the purpose behind its militant movement. The fundamental question in this article is about the purpose behind a non-compromising understanding of other understandings that are different from the Salafiyah. This article first describes some variant of Salafism, namely: al-Salafiyah al-Tārīkhiyah, al-Salafiyah al-Wahābiyah, al-Salafiyah al-Ishlāhiyah, al-Salafiyah al-Ta’sīliyah dan al-Salafiyah al-Jihādīyah al-Takfīriyah, and then analyze what the similarity of theological traits of these variant. This study confirms that Salafism is a doctrinal social movement that has political efforts to establish Islam by rejecting the differences that exist. The results of this study indicate that the Salafi initially is group that calls on Muslims to return to the original sources of the Qur'an and the Hadith leads to the resurrection of a new Islamic civilization against the Western world power hegemony (especially the United States), it becomes a group which is face to face with the Muslims themselves. In addition, a rigid interpretation of Islamic law has meaning to build political strength to slowly unify differences that do not correspond with the values of salafiyah. Keywords: Variant of Salayifah, siyāsah islāmiyah, interpretation of Islamic law. 
Subject and Author Index Ahyar, Muzayyin
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (537.296 KB) | DOI: 10.21093/mj.v16i2.860

Abstract

The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems Alfitri, Alfitri
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (487.285 KB) | DOI: 10.21093/mj.v16i2.825

Abstract

This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation); and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES), do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis) in Islamic history which on a certain level similar to the role of judges in common law system.Keywords: Sharia Judges’ Role, Legal Profession, Bureaucracy, Common Law System, Civil Law System

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