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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.
Arjuna Subject : -
Articles 162 Documents
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REKONTRUKSI METODOLOGI HUKUM ISLAM KONTEMPORER Materan, Materan
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.993 KB) | DOI: 10.21093/mj.v10i1.109

Abstract

This paper aims to explore ways of view (weltanshaung) Al-Quran for the establishment of Islamic law, the ethical principles of the Qur'an in the form of universalism, justice, equality, and general welfare of the contextual and contemporary. It is important to remember that Islamic law is the most fundamental part in creating public improvements in accordance with the times and places, both in aspects of family law, economics, criminal, female (gender), medical, technological, political and even religious aspects. Therefore, the reconstruction methodology of Islamic law is an absolute, so that the application of Islamic law itself does not ignore the ethical principles of the Al-Qur’an.
PERLINDUNGAN HUKUM TERHADAP KORBAN PEMBUNUHAN SEBAGAI PEMBAHARUAN HUKUM PIDANA DI INDONESIA Helmi, Muhammad
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.006 KB) | DOI: 10.21093/mj.v14i1.339

Abstract

This article aims at analysing the treatment of crime victim in the criminal justice system and efforts should be made to provide legal protection for the victims of crime. It argues that the treatment of crime victims by law enforcement officers do not fully provide legal protection to the victims. Meanwhile the contruction of justice views that the perpetrators and victims want a more process oriented on the real justice by promoting reconciliantion with the provision of compensation in any form and any source. Islamic criminal law, on the other hands, recognizes a kind of punishment called as blood money (diyat) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or bodily injuries suffered by the victim. Diyat punishment, therefore, do justice to both the perpetrator and victim (or his/her family) because it promotes reconciliation between the parties.
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.
Aktualisasi Al-Qawā’id Al-Khams terhadap Problematika Kontemporer Ashar, Ashar
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (408.167 KB) | DOI: 10.21093/mj.v13i1.81

Abstract

The canon of interpretation in Islamic jurisprudence (al-qawa`id al-fiqhiyah) is like a bridge for an Islamic Jurist (faqih) to find a common thread in analyzing and deciding the extent of the legal problems. It also serves as the meeting point of the Islamic-jurisprudence-related issues. This is what makes an Islamic Jurist wiser and more sensible in applying fiqh at different times and places. When they provide an interpretation on a similar case, they take into account the situation and condition, as well as different customs. At the level of actualization, al-Qawa'id al-Khams can be applied to almost all of the discussion in the discourse of Islamic jurisprudence. The five rules of fiqh are always used as the base and backrest each Islamic Jurists in providing answers and solutions to various problems of life since the classical time to present.
SISTEM KERJA DAN PRINSIP PASAR MODAL SYARIAH Parno, Parno
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.472 KB) | DOI: 10.21093/mj.v12i2.326

Abstract

Islamic capital market is the capital market that applies the principles of sharia or the instruments of marketable securities must meet kosher criteria. Prohibition of any transaction that contains elements of usury, maysir, gharar, bay 'najasi, ihtikar. Ban on all investments are not made on the spot, meaning harmony and the terms of the transaction to be complete. Description of the legal basis and principles of capital market transactions above, especially concerning contract forms will provide a way for academics and investors who want to consistently use Islamic principles in assessing the critical instruments of investment instruments available in the capital market . Instruments and transactions that are prohibited in the capital market are preference shares, options, futures, margin trading, short-selling.Instrumen instruments in accordance with sharia is stock (ordinary), Islamic bonds, Islamic mutual funds.
IJTIHAD AL-ILMI AL-‘ASHRI: MODERN SCIENTIFIC IJTIHAD Hadi, Mutamam
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.502

Abstract

All problems faced by Muslim in the contemporary life must be answerable in Islamic law. The Koran and the Prophet tradition have given general principles in many aspects so that it is untenable to say that there is no answer for a problem. In addition, the development of Islamic studies has opened the opportunity for nowadays Muslim to carry out ijtihad either individual ijtihad, collective ijtihad or thematic ijtihad. Yet, in order to realize this, Muslims have to study classical Islamic jurisprudence critically. This is done by studying a thought contextually, i.e. by carefully examining where and when an Islamic scholar lived.
The Difference of a Child (Walad) Concept in Islamic Inheritance Law and its Implications on The Decisions of the Religious Courts in Indonesia Furqan, Ana Amalia; Alfitri, Alfitri; Haries, Akhmad
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.033 KB) | DOI: 10.21093/mj.v17i2.1212

Abstract

This article is based on the fact that there is still the disparity of decisions among the Religious Court Judges on heirs, especially a child (walad), when handling the inheritance disputes. This is because there is a general provision of the meaning of walad contained in the Indonesian Compilation of Islamic Law (KHI) in which it includes both a son and a daughter. In addition, there is no obligation for Religious Court Judges to use the KHI as the basis for legal considerations, allowing for some Religious Court Judges to use the classical Islamic Jurisprudence (fiqh) as the legal basis in deciding a case. This article aims to investigate the impact of the general concept of walad (a child) and measures should be taken the Government to accommodate the legal reference material for Religious Court Judges, especially the KHI and the classical Islamic Jurisprudence (fiqh). It employs normative legal research which primarily examines the decisions of the Religious Courts in East Kalimantan, specifically Samarinda, Tenggarong and Tanah Grogot. The findings reveal that since there is no obligation for the Judges to use the KHI, referring to the classical Islamic Jurisprudence when giving legal considerations and deciding cases of inheritance is not against the procedural law in Indonesia. Yet, this measure potentially creates the disparity of decisions in the Religious Courts since the fiqh differs in determining who the walad is: merely sons or include both sons and daughters. This has frustrated the objective of the KHI as the codification of Islamic Law in Indonesia which unites the differences of opinions in the fiqh and, thus, assures legal certainty in resolving the disputes. Hence, the government should enact the KHI as a Law in Indonesia in order to end the forum of choice for the Judges in basing their decisions so that the disparity of decisions in the Religious Court minimized and legal certainty assured for the justice seekers.Keywords: Islamic inheritance law, walad, fiqh, religious court's decision.
Profesionalisme Bisnis dalam Islam Norvadewi, Norvadewi
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1190.522 KB) | DOI: 10.21093/mj.v13i2.391

Abstract

Islam commands work as worship to seek sustenance from God in order to meet their needs. Work to obtain sustenance halalan thayiban included in jihad fi sabilillah whose value is equal to implement the pillars of Islam. Working in the view of Islam is not just a work or work carelessly. But there are values that must be considered and practiced by every Muslim who works. These values is ihsan (good), jiddiyah (integrity), and itqan (professional). The professionalism of the Prophet Muhammad in business clung to his nature and the nature of his virtues which Siddiq, amanah, fathanah and istiqamah. Siddiq properties are trustworthy and honest. Fathonah nature is to be smart. The nature of amanah is to carry out the tasks assigned and tablig are capable of doing good communication and constancy is firm stance and not easily discouraged. Professionals equated with Itqan. Itqan means doing at the best possible quality. Work professionally (Itqan) means devoting the best minds, the best focus, the best coordination, the best spirit and the best raw materials that are expected to produce the best as well. The best quality we have to do in all aspects of life, including in business. Prophet has declared the importance of quality in the work and serve. Business is the process of selling the works, products and services. The quality of our work will determine the reciprocation of our business. For that build professional attitude in business is very important in order to get the best results.
MODEL TAFSIR FIQHI: KAJIAN ATAS TAFSîR AL-MUNîR FI AL-‘AQîDAH WA AL-SYARî’AH WA AL-MANHAJ KARYA WAHBAH AZ-ZUHAILI Iskandar, Iskandar
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.952 KB) | DOI: 10.21093/mj.v10i2.396

Abstract

Fiqhi commentary is an attempt interpretation of legal texts. One interpretation is classified as a work of interpretation is fiqhi Tafsir Al-Munir, the greatest work of Az-Zuhaili Wahbah, a contemporary scholar who has a very broad insight. In the work of this interpretation, legal texts are described in the open, in order that people can understand all the issues at hand. The style and method of use has its own characteristics that distinguish it from other works fiqhi interpretation.
Kurikulum Fikih dalam Bingkai Negara Kesatuan Republik Indonesia: Upaya Membangun Peradaban Islam berbasis NKRI Mustatho', Mustatho'
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (509.429 KB) | DOI: 10.21093/mj.v15i2.622

Abstract

Despite having a population that is predominantly Muslim, Indonesia is not an Islamic state; instead, it is a unitary state with different ethnic, tribal, cultural and religious views. Therefore, the awareness of Indonesian people toward the concept of plurality is instrumental in social life. This article attempts to discuss the need for a method in learning Islamic law that leads to the cognizance of the importance of plurality. By using content analysis method, this study focuses on finding learning methods of Islamic law within the framework of the Negara Kesatuan Republik Indonesia (NKRI, Unitary Republic of Indonesia). It finds that all textbooks on Islamic law taught at secondary schools have deficiencies in addressing Indonesian diversity in an inclusive manner. Hence, more reading materials that touches on issues of plurality in the interest of the state and nation are badly needed. The results of this study confirm that the plurality-sensitive Islamic jurisprudence (fiqh) can be implemented in two ways: first, through education; and second through reforming the body of fiqh itself. When the concept of fiqh is unresponsive toward the phenomenon of pluralism and human rights, then its manifestations by Muslims may also envisage this very own fiqh concept. Keywords: contextuality of fiqh, Unitary Republic of Indonesia, plurality education in Indonesia

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