Mazahib
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.
Articles
162 Documents
<![CDATA[PENATAAN DAN PANDANGAN HUKUM ISLAM MUHAMMAD SHAHRUR ]]>
<![CDATA[Asriyati, Asriyati]]>
<![CDATA[ Mazahib VOLUME 14, ISSUE 1, JUNE 2015 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v14i1.334
<![CDATA[Muhammad Shahrur is a contemporary scholar who offers a reformist approach to Islamic studies. In bringing forth his ideas especially those related to the Islamic issues, he takes into account sociological backgrounds surrounding them. His thoughts, therefore, are phenomenal and even controversial in some areas such as on the issues of polygamy, inheritance limit, veil, marriage, dowry, and á¹alÄq. This article analyzes Shahrur’s thoughts related to these problems. It finds that Shahrur’s ideas are based on the careful observation ofIslamic sciences coupled with theories in natural sciences. He thus argues that the nature of scientific truth is tentative and the Qur’Än as a text is open to different meanings and interpretations.]]>
<![CDATA[BISNIS DALAM PERSPEKTIF ISLAM (Telaah Aspek Keagamaan dalam Kehidupan Ekonomi) ]]>
<![CDATA[Nur Zaroni, Akhmad]]>
<![CDATA[ Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v4i2.507
<![CDATA[Business in Islamic perspective is not only simply material ends but also immaterial ones. Given this, business in Islam must be carried out professionally and compatible to Syariah values. This is so since business in Islam has two dimensions: vertical and horizontal. The Koran therefore has offered the concept of business without loss (tijaratan lan taburra) to all businessmen, i.e. despite losing financially, yet making a profit in the form of religious rewards. Accordingly, this kind of business can only be acquired by observing carefully the vertical and horizontal dimension of business in Islam.]]>
<![CDATA[A Reflection on Women Attire in The Quran; A Study On Ayat Al-HijÄb ]]>
<![CDATA[Binti Ramli, Angraini]]>;
<![CDATA[Elatrash, Radwan Jamal]]>
<![CDATA[ Mazahib Volume 16, Issue 2, December 2017 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v16i2.818
<![CDATA[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.]]>
<![CDATA[PASAR MODAL DALAM PERSPEKTIF ISLAM ]]>
<![CDATA[Romansyah, Romansyah]]>
<![CDATA[ Mazahib VOLUME 14, ISSUE 1, JUNE 2015 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v14i1.332
<![CDATA[Capital Markets are long enough to be known by the entrepreneurs and the investors in an effort to expand their businesses or by that of speculators simply for looking for great profits. The Indonesian capital markets are supervised by BAPEPAM in order to prevent illicit transactions that include window dressing. The capital markets may operate through the primary market, secondary market, third market and fourth market; yet, only the primary market that is expected to run in accordance to shari'a. This is because the issuers directly offer their shares or securities to prospective buyers or potential investors without going through the brokers’ services. This article is thus to analyses this primary market option from the Islamic law point of view.]]>
<![CDATA[PERBANKAN PERSPEKTIF HADIS MAUDHU'IY ]]>
<![CDATA[al-Amri, Limyah]]>
<![CDATA[ Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v10i2.401
<![CDATA[The hadith that talks about the bank in this study according to the results there takhrij narrated by al-Bukhahri so did Abu Dawud, and the results of research that has been made known that the hadith is authentic quality. Hadith of the banks in this study refers to the concept of Islamic Banking. From here then understood that the modus operandi of the Sharia Bank regardless of usury, because the basic principle of operation is the same kerjasa capital called al-syarikah, and the capital is used to try, then the benefits for the results, "sharing" between the parties banks and customers. Therefore, every Muslim should just make a deal, save money, deposit, and use of existing services to banking institutions, especially in Islamic banks.]]>
<![CDATA[Nikah dan Rujuk di KUA Samarinda: Implementasi Peraturan Pemerintah Nomor 48 Tahun 2014 Tentang Tarif Atas Jenis Penerimaan Negara Bukan Pajak ]]>
<![CDATA[Furqan, Ana Amalia]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v15i2.635
<![CDATA[The implementation of Government Regulation No. 48 Year 2014 concerning the Tariff of Non Tax Revenue which revises the Government Regulation No. 47 of 2004 has become an important topic in marriage bureaucracy in Indonesia. Changes in these regulations include the rate or cost of marriage and marriage reconciliation, from IDR 30,000, - to IDR 600,000, - as long as the marriage solemnization is performed outside the Religious Affairs Office (KUA) or beyond the KUA business hours. As for marriage solemnization performed in the KUA, the charge fee is IDR 0.00. This zero rupiah rate also applies to citizens who are economically less fortunate as well as victims of disasters. After one year of  its implementation, some questions arise regarding the efficacy of these regulations. By employing three case studies of KUAs in Samarinda Seberang district as a research strategy, this study aims to assess how far is the implementation of the regulation in the KUAs and what sorts of constraints encountered. The study finds that all of the procedures of payment and the cost of marriage and marriage reconciliation in the three KUAs of Samarinda Seberang is in accordance with the provisions of the regulation. However, there are two main obstacles experience: first, the time period for cashing marriage and marriage reconciliation fee is pretty long that it renders difficult for the KUAs to function; second, the lack of marriage registrars who serve in every KUA in Samarinda. These obstacles are needed to be addressed by the Ministry of Religious Affairs in order to better serve the society. Keywords: mariage and mariage reconciliation in Indonesia, Religious Affairs Office in Samarinda, Government Regulation No. 48 Year 2014 concerning the Tariff of Non Tax Revenue.]]>
<![CDATA[Legal Analysis on the Policy of Home Ownership Requirements for Foreigners in the Consumer Credit Agremeent of Syariah Bank in Indonesia ]]>
<![CDATA[Eka Husnul Khotimah, Rachmadani]]>
<![CDATA[ Mazahib VOLUME 17, ISSUE 1, JUNE 2018 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v17i1.1033
<![CDATA[The study examines the normative policy on the ownership rules of residential homes for foreigners in the credit agreement consumption of Syariah banks in Indonesia. This policy has existed since 2005. However, it does not make all Syariah banks in Indonesia provide credit facilities to foreigners since there is no specific implementing regulation and legal protection for the banks in the case of finance arrears caused by the practice which can disrupt their liquidity and profitability. Considering this, the article analyses the legal protection for Islamic banks, both in preventive and repressive context, in providing credit facilities for foreigners, so that they all can facilitate loans without any fears and risks. This becomes necessary as it can contribute to Indonesia’s economic growth.  It argues that the law should cover this matter, through both preventive and restrictive measures, in which the law should prevent the practice from causing finance arrears through musyÄrakah contract. The results of this study confirm that there is legal protection that has been regulated by Bank Indonesia for Syariah Bank in giving credit to a foreigner.Keywords: Legal Policy, Syariah Bank, Foreigners, Consumer Credit Agreement]]>
<![CDATA[ETIKA BISNIS DALAM PERSPEKTIF ISLAM : EKSPLORASI PRINSIP ETIS AL QUR’AN DAN SUNNAH ]]>
<![CDATA[Darmawati, Darmawati]]>
<![CDATA[ Mazahib VOLUME 11, ISSUE 1, JUNE 2013 ]]>
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DOI: 10.21093/mj.v11i1.118
<![CDATA[Business is something that is very important in human life. No wonder Islam is rooted in the Qur'an and Sunnah provide guidance in the field of business. Business for many years, was suggested as a business for profit as much as possible, even to go to the dirty tricks and unethical. Business ethics is very important to put forward in the era of globalization often ignore the moral values and ethics. Thus, Islam emphasizes that the business activities of human beings are not merely intended as a way to satisfy the desire, but rather on finding a balanced life with a positive attitude rather than destructive. This paper aims to examine business ethics from the perspective of the Qur'an in an effort to build an Islamic business to business challenges in the future. Business in the conclusion of the Qur'an called activities as well as materials. A viable business, if they meet the material and spiritual needs in a balanced, contains no falsehood, destruction and injustice. But it contains the value of unity, equilibrium, free will, accountability, truth, virtue and honesty.]]>
<![CDATA[Gerakan Salafiyah: Islam, Politik dan Rigiditas Interpretasi Hukum Islam ]]>
<![CDATA[Salman, Abdul Matin bin]]>
<![CDATA[ Mazahib Volume 16, Issue 2, December 2017 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v16i2.855
<![CDATA[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-TÄrÄ«khiyah, al-Salafiyah al-WahÄbiyah, al-Salafiyah al-IshlÄhiyah, al-Salafiyah al-Ta’sÄ«liyah dan al-Salafiyah al-JihÄdÄ«yah al-TakfÄ«riyah, 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, siyÄsah islÄmiyah, interpretation of Islamic law. ]]>
<![CDATA[Qanun Man’i al-Maysir fi Wilayati Aceh: Dirasatun Tahliliyatun fi Dhaui Maqasid al-Syari’ah ]]>
<![CDATA[Hasan, Maisyarah Rahmi]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 1, JUNE 2016 ]]>
Publisher : <![CDATA[IAIN Samarinda ]]>
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DOI: 10.21093/mj.v15i1.618
<![CDATA[This research aims to study the prevention law of gambling in Aceh. Which has applied since 2003 M. The problem appears from this study is miss understanding of some Achiness society. Some of them accept that the gambling law is applied according to the purpose of Islam on the prohibit gambling. On another perception some of the community in Aceh do not accept it. they argue that the law of prevention gambling in Aceh is just from government not from Syari’. The explanation of appropriation between the purpose of government on applying this law and the purpose of maqashid al- syariah on prevention gambling. And discuss the reason of miss understanding society. So, this research will analyse the problems deal from this law, the solution, and finding out the wisdom of forbid gambling, and the relation prevention gambling law and the maqashid al – syariah on keep the wealth, because the command of preserve wealth is one of the purpose of syariah that Muslim should watch over it.thus, The researcher adopted the inductive methodology and the analytical approach to reach the solution on it. The most important result finding in this study is firm relation between the prevention gambling law in Aceh and maqashid al- syariah. Gambling is prohibited by many evidences and propositions from al-qur’an and hadits. In addition There are many kind of gambling renowned, the punishment for violate the gambling law is ta’ziriah. This forbidden relate to the command on keeping the wealth. Since that is one of the purpose of shariah. If the prevention of gambling law is approved and applied so that the purpose of shariah is reached as well. Futhermore, the law must be holdout on all Muslims to avoid gambling .]]>
