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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 162 Documents
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EKONOMI ISLAM DAN POLITIK HUKUM DI INDONESIA Iswanto, Bambang
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (392.874 KB) | DOI: 10.21093/mj.v12i2.322

Abstract

This paper will elaborate on the history of modern Islamic economic and political relationship with the law in an attempt to formulate a variety of Islamic economics Law. This article also describes the  position of Islamic economic in the Indonesian legal system so that it will be obtained a description of how an implementation of Islamic economic in the Indonesian economy. This picture is quite important to know to look atbase for development of Islamic economic laws existing in the two periods, the New Order and Reform Era.
SISTEM BAGI HASIL DALAM PERBANKAN SYARI’AH (Aspek Teologis, Syari’ah dan Karakteristik Operasional Keuangan) Iswanto, Bambang
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (478.035 KB) | DOI: 10.21093/mj.v10i2.402

Abstract

Shari'a banking and conventional banking as financial institutions have many similarities in the quest for profit, but there are some fundamental differences between the two. This paper seeks to review the system of revenue sharing in Shariah banking operations are focused on the study of theology, shari'a finance and operational characteristics that made the difference between shari'a banking with conventional banking.
Naẓariyāt al-Ḥiyal fi al-Usrah al-Muslimah Binti Ali, Nurul Badriyah
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (811.188 KB) | DOI: 10.21093/mj.v15i2.633

Abstract

This article discusses ḥilah (plural: hiyal) or stratagem in Islamic family law. Hilah is one of the most important concepts in Islamic jurisprudence (fiqh). Hilah is simply defined as an attempt to manipulate the law and replace it with other rules without losing the essence of the law. The question that arises is what is the ruling of legal engineering in Islam? By means of normative study, this article presents the legal opinions regarding hilah in Islam. This study reveals that hilah can be divided into two kinds: Hilah Jaizah (allowed hilah) and Hilah Muharramah (forbidden hilah). Hilah jaizah is allowed in Islam by looking at certain conditions. In the context of Islamic family law, hilah can be done in such following conditions as: the bride's requirements of her prospective husband so as not to committing polygyny, and if that happens then the wife may sue him for divorce. Other conditions include when someone is allowed to admit to be infidel (kafir) for the sake of his/her family safety. Meanwhile, a case of hilah muharramah is doing tahlil marriageKeywords: Ḥilah in Islam, Islamic family law
The Program of Circuit Isbat Nikah as the Embodiment of Access to Justice in Indonesia Andaryuni, Lilik
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (703.008 KB) | DOI: 10.21093/mj.v17i1.1054

Abstract

Human rights guaranteed by the Constitution require, among other things, that every citizen should be able to access the judiciary. In reality, however, not all citizens can access the judiciary in Indonesia due to various factors including litigation costs, ignorance of litigation procedures, and distance problem. The same situation is also experienced by the society seeking for justice through Islamic judiciary (Pengadilan Agama or PA) across Indonesia. One of the Religious Courts deserved for a case study is PA Tenggarong. PA Tenggarong is one of the Religious Courts in East Kalimantan, which covers two district areas, namely Kutai Barat and Kutai Kartanegara. Kutai Barat consists of 12 sub-districts with 182 villages, while Kutai Kartanegara has 18 sub-districts with 227 villages. The geographical conditions and locations of the villages are mostly far away from the PA Tenggarong that render it difficult for the justice seekers in accessing the court, and, thus, obtaining their rights. Their legal problems mainly come from their unregistered marriages which make their unions do not exist according to the effective law. Hence, this article analyzes how the program of the legalization of unregistered marriages (isbat nikah) in PA Tenggarong has been implemented in order to assist the justice seekers in securing the legal certainty of marriage status. The finding reveals that the process of the legalization of marriage is conducted as a circuit marriage contract in different sub-district/village office or decent premises across Kutai Barat and Kutai Kartanegara. The program is free for eligible parties and is facilitative towards their needs and conditions, namely lacks of legal documents, ignorance of the litigation procedures, and afar domicile. This thus makes PA Tenggarong now more accessible to the public and the circuit isbat nikah as the embodiment of access to justice principle in Indonesia.Keywords:Circuit isbat nikah, access to justice, Islamic Judiciary in Indonesia  
SISTEM AKUNTANSI ORGANISASI PENGELOLA ZAKAT Parno, Parno
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v11i1.119

Abstract

Zakat institution is an institution that is in the middle so that the public has demanded transparency and accountability. In carrying out its activities as amyl, zakat organizations have principles that must be adhered to, including zakat organization must have a system of accounting and financial management, audit, and publication. By applying the principles of the organization's financial statements will be achieved in accordance with the zakat accounting standards.
URGENSI DIMENSI ETIS PESAN AL-QUR’AN DALAM PENGEMBANGAN HUKUM ISLAM Iswadi, Muhammad
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (316.957 KB) | DOI: 10.21093/mj.v14i2.346

Abstract

This article tries to reveal the ethical dimension of the urgency message of the Qur'an in the development of Islamic law, especially in relation to dealing with global issues today. Islamic Jurisprudence (Fiqh), as a discipline of Islamic law must be able to answer the problems of humanity in a "good and proper" manner in order to be relevant. In this regards, understanding of the theory of Islamic law (Usul al-Fiqh), as the methodology of understanding Islamic teachings, must be willing to open up and do not be bound by the classical theory which is exclusive-deductive in nature. It needs to and collaborate with other scientific disciplines, such as sociology, anthropology and so forth. One alternative way is by paying attention to the ethical messages of the Qur'an which are more normative-universal. To find out which messages are normative and the particular historical-technical nature, the method of "double movement" offered by Fazlur Rahman deserves a careful attention.
Implementasi Pengelolaan Zakat di Aceh Djawas, Mursyid
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.548 KB) | DOI: 10.21093/mj.v15i1.613

Abstract

This article discusses the local provision of Aceh; Qanun No. 7 of 2004 on Zakat Management. Qanun No. 7 of 2004 on Management of Zakat on the managing zakat is an effort to increase and optimize the potential of zakat in Indonesia, which is still far from the expected. Some of the issues discussed in this article are the provisions of Qanun on muzakki (person who obliged to pay zakat), mustahiq (those entitled to receive zakat ), Baitul Mal and Conditions ' uqubat (sanctions against deviations from the zakat). This article studied by using Islamic approach and normative juridical with  library research. The results show that the discussion in relation to mustahiq zakat, the Qanun has provided a guarantee for people who in Act No. 18 of 2001 established as one of income sources (local revenue). In the provisions of the charity 's Qanun, very clearly stipulated that zakah is only distributed to mustahiq accordance with Shari'ah. This shows that zakat cannot be used for purposes that are not included in one of the senif that has been clearly mentioned in the Qur'an. In relation to sanctions against irregularities of zakat, the existence of this Qanun can be considered as a complement to Law No. 38 of 1999 on Zakat which still has many shortcomings, especially the clauses providing for sanctions for irregularities to the management of zakat. In the Act, the sanctions more set on irregularities for zakat were Qanun zakat management is already include amyl and muzakki. The Qanun is also member of the delegation of authority for management immense charity by Baitul Mal. Keywords: Qanun Aceh, zakat management in Indonesia
Subject and Author Index Ahyar, Muzayyin
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (561.195 KB) | DOI: 10.21093/mj.v16i1.845

Abstract

LANDASAN FILOSOFIS PERILAKU KONSUMEN DALAM PERSPEKTIF EKONOMI ISLAM DAN KONVENSIONAL Zaroni, Akhmad Nur
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v10i1.110

Abstract

The foundation of consumer behavior of different Muslim conventional consumer behavior. Conventional consumer behavior put self-interest and utilitarianism that aims to maximize satisfaction with the philosophical basis of rational economic man, positivism, and the laws say. Moderate Muslim consumer behavior based on Islamic philosophy of man. Islamic concept of man as a servant of God put man in charge of worship and as khalifatullah to carry the mandate to implement activities to prosper (Imarah) earth as a worldly activity. This balance reflects a fundamental principle in Islam. So in an Islamic perspective of consumption activities that are part of worldly activity is part of the duty of a Muslim as a whole the same position with religious activity. There is no separation between the worldly and hereafter, between economics and religion.
AHMADIYAH DALAM LABIRIN SYARIAH DAN NASIONALISME KETUHANAN DI INDONESIA Ahyar, Muzayyin
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.972 KB) | DOI: 10.21093/mj.v14i2.340

Abstract

This paper aims at looking at the phenomenon of intolerance against Jemaat Ahmadiya in Indonesia that has been occuring since several decades ago. The Jemaat Ahmadiya is continuously accused of blaspheming Islam, and, thus, led to its dissolution by the government. Employing political sociology as an approach, this article frames the plight of Jemaat Ahmadiyya through the lens of Jeremy Menchik’s “godly nationalism”. It then argues that (1) violence against Jemaat Ahmadiya are not only perpetrated by certain elements of intolerance society, but also accommodated by the government thanks to the general consensus regarding the common orthodox theism in Indonesia; (2) the phenomenon of intolerance also shows that Indonesian citizens are still perplexed by the concept of nationalism: on the one hand, Indonesia is deemed to be a secular state, on the other hand, it accommodates religions and their teachings into the state’s life.

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