cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Alfitri
Contact Email
al.alfitri@gmail.com
Phone
-
Journal Mail Official
redaksi.mazahib@gmail.com
Editorial Address
-
Location
Kota samarinda,
Kalimantan timur
INDONESIA
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
 12   13   14   15   16 
RADD DALAM HUKUM KEWARISAN DI TUNISIA Andar Yuni, Lilik
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.513

Abstract

According to etymology, radd means to return. In its terminology, radd is returning what remain from the deceased property to dzawil furudh nasabiyah pursuant to their portion if there is no other heirs entitled to receive the property. According to Maliki’s school of law, radd cannot be returned to dzawil furudh nasabiyah; it should be given to baitul mal (Islamic treasury), instead. Tunisia which adopts Maliki’s school of law, interestingly, promulgate a somewhat different concept of radd in its family law. This article therefore is to discuss this inconsistency.
Analisis Perbandingan Rasio Roa dan NPL antara Bank Konvensional dan Bank Syariah (Studi pada PT. Bank Mega Tbk dan PT. Bank Mega Syariah Tbk) Khairin, Fibriyani Nur
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v13i1.82

Abstract

This study aims to determine the differences in the performance of NPLs AND ROA at PT. Bank Mega Tbk and PT. Bank Mega Syariah, Tbk period 2009-2012. This study used a descriptive study using secondary data obtained from the web Stock Exchange and Bank Mega Syariah website. Data analysis method used is the method of time series and cross sectional approach. From these results it is known that the performance of NPLs and ROA at PT. Bank Mega Tbk and PT. Bank Mega Syariah is relatively good. However, from the NPF ratio it is better than its sister company, because NPF Bank Mega Syariah showed a decreasing trend since last seen 3 years of observation compared with NPL Mega Bank continued to increase during the period.
FIQH EKOLOGI MEMBANGUN FIQH EKOLOGIS UNTUK PELESTARIAN KOSMOS Ridwan, Ridwan
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (463.126 KB) | DOI: 10.21093/mj.v12i2.331

Abstract

I should say that according to Islam, everything in the universe is created by God. It is God Who adorns the skies with the sun, the moon and the stars, and the face of the earth with flowers, trees, gardens, orchards, and the various animal species. It is again God Who causes the rivers and streams to flow on the earth, Who upholds the skies (without support), causes the rain to fall, and places the boundary between night and day. The universe together with all its richness and vitality is the work and art of God, that is, of the Creator. We are God’s vicegerents on the earth; it has been given us in trust. Just as we are not the lords of nature and the world, so the world is not our property which we can dispose of as we wish or as we are able. Nature was created by God and it belongs to God. Everything in nature is a sign of God’s existence.The article should tried to the readers on islamic studies that Islamic maintsream doctrine one of the most important was fiqh event regognized as fiqh civilization, but it has stagnance of the Islamic jurist progress to creat of jurisprudence until today, its impact for the habitual of moslems community all the corner of the world didn’t recognized as well as Islamic pillars and the five destination of shariah (maqashid ash syari’ah), as a moslem prominent thinker Yusuf Qardhawi added it one more as became hifdz al bi’ah. Nowdays, Islamic jurisprudence very compatible to creat new stream on fiqh as wellknown an ecological fiqh. Fiqh’s views basicly on the environment, cosmos ethic and earth conservation.   
UPAYA LEGITIMASI SYARI’AT ISLAM DALAM HUKUM NASIONAL (Dialektika Sejarah UUD 1945 dan Piagam Jakarta) Pancasilawati, Abnan
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.3 KB) | DOI: 10.21093/mj.v4i2.504

Abstract

This article is to discuss the role of Islamic law in Indonesia. In particular, it will analyze the history of Jakarta Charter during the process of 1945 Constitution drafting. Jakarta Charter was a proposal from the subcommittee of the Investigating Committee for the Preparation of Indonesian Independence (BPUPKI) to resolve the controversies around Islam’s role in the state in 1945.  It proposed to add several additional words to the first principle of Pancasila “Belief in God,” namely “with the obligation for adherents of Islam to carry out Islamic law.”  This addition made reference to the enforcement of Islamic law in Indonesia.  The Jakarta Charter was intended to serve as the preamble of the 1945 Indonesian Constitution.  Yet, since it comprised the crucial phrase the concept of unity of newly established Indonesia, which is very pluralistic in nature, the Jakarta Charter was dropped from the preamble of the Constitution in 1945.
Larangan Impor Beras dalam Perspektif Hukum Perdagangan Dunia, Hukum Nasional dan Hukum Islam Anggraini, Nita
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1209.893 KB) | DOI: 10.21093/mj.v13i2.390

Abstract

The research on prohibition of rice import in Indonesia, in WTO Agreement, national rules and Islamic law perspective is normative juridical research. The research includes library and field research. The method of analysis is deductive approach, which concludes special characteristic from general explanation. The research purposes are firstly, to know whether application of restriction of rice import is contravene with WTO Agreement, national rules and Islamic law. Secondly, to know if the benefit of members is being nullification or impairment as the result of the application by Indonesian goverment officials on rice import measure. The research concludes that Indonesian measures on rice import (import prohibition and temporary restriction) is not contravene with WTO Agreement and national regulation, because of elimination for agricultural product which necessary to the enforcement of governmental measures which operate to remove a temporary surplus of the like domestic product, by making the surplus available to certain groups of domestic consumers at price below the current market level. The members who have certain effect of restriction, based on article XXII  have opportunity for consultations. When consultations are unsuccessful, the complainant may request the establishment of a panel.  Prohibition rice import is also not contravene with Islamic law, because the purpose to protect local farmers who live in poor is consistent  with Quran word  that God command to maintain justice and kindnes.
TEORI PENERAPAN (TATHBIQ) HUKUM ISLAM DI INDONESIA Syar`i, Makmun
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v10i2.397

Abstract

N/A
Konsep Qath’i dan Zhanni dalam Hukum Kewarisan Islam Haika, Ratu
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (638.276 KB) | DOI: 10.21093/mj.v15i2.632

Abstract

The term qath'i (definitive) and zhanni (speculative) in Usul al-Fiqh is used to explain the sources of Islamic legal texts either the Qur'an or Hadith in two ways, namely al-tsubût (existence) or al-wurud (sourced from the truth), and al-dalalah (textual implication). In terms qath'i and zhanni al-tsubut and al-wurud, Islamic jurists agree that the Koran and the hadith mutawatir is definitive, whereas ahad hadith is zhanniy ats-tsubut. They differ in terms of qath'i and zhanni of the al-dalalah (interpretation). Islamic jurists state that if a text of the Koran or Hadith contains only one meaning that is clear and not open up to other possible interpretations, as well as read certain numbers, then the text is regarded as the definitive text of textual implication. The texts relate to inheritance law fall into the category this qath`i al-dalalah. Meanwhile, contemporary Islamic jurists state that the qath'i and zhanni al-dalalah of the texts both the Koran and the hadith cannot be seen from the clarity of meaning of the texts but also on the desired essence of the text which is commonly known as the maqasid al-shari'ah. The maqasid approach must also be coupled with the theory ta'abbudi and ta'aqquli. Based on this, this article argues that the texts related to Islamic inheritance law is categorized zhanni al-dalalah because they concern of human social relations (mu`amalah) which are affected by the socio-economic context of the role of men and women in society (ta`aqquli). Consequently, the texts in the field of inheritance law are open to modern interpretations.Keywords: Islamic inheritance law, qath'i and zhanni in Islam
Muslim Feminists` Reading of the Quran: A Juristic Analysis on Family Law Issues Haneef, Sayed Sikandar Shah; bt Mohd Yunus, Saidatolakma; Al-Fijawi, Mohammed Farid Ali
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (828.84 KB) | DOI: 10.21093/mj.v17i1.1056

Abstract

Muslim feminist movement represents an indigenous voice among the contemporary literature on women and family. Its main contention is that women in Muslim society are accorded less favourable treatment especially in terms of legal rights. To remedy the situation, feminist scholarship`s main argument is that there is a need for feminist-reading of the sacred texts so as to purge the juristic legacy of male-biased views and achieve justice and equality for Muslim women in contemporary families. One principal methodological framework for this idea to materialise is to embark on the re-reading of the Qur`an from the women`s perspective. In this context, this paper presents issue-based analysis of Amina Wadud`s reading of the relevant Qur`anic passages on family law matters and finds that in spite of its merits, its main handicap lies on its methodological flaws, both in terms of approach and outcome. Methodologically, it is regarded as selective and ultra-vires of Islamic methodology of legal reform. It terms of impact, it is suspected as being tainted with Western inspired assumptions of rights in terms of justice and equality between the genders. To overcome this impasse, the paper argues for a mediated holistic approach to harmonise relations between men and women in the family.  Keywords: Family law, gender equality, justice, Muslim feminist.
PLURALISME HUKUM KEWARISAN DI INDONESIA Haries, Akhmad
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v11i1.115

Abstract

In Indonesia, there are at least three types of inheritance laws still exist and live in the midst of society, namely: inheritance laws based on Islamic law, customary inheritance law is very pluralistic circumstances, and inheritance laws based on the Book of the Law Civil Law (Civil Code) / BW. Configuration of the various laws that will certainly bring further consequences. Heirs can be faced with (at least) three legal options. Though each of the inheritance law systems have fundamental differences about the causes of inheritance, heirs sequence, and part heir. In the perspective of the law, inheritance law diversity is its own treasure or wealth for the nation of Indonesia, but this would lead to legal pluralism legal uncertainty. If allowed to continue not impossible contradiction inheritance law will be driving the increasingly rampant family tension and conflict. Moreover, at this time increasingly individualized family relationships where people are more concerned with material including inheritance. Without reducing the excess of each legal heir, in the spirit of harmony and the rule of law, there would be time national heritage laws can be used as a legal reference.
EKSISTENSI KLAUSUL ARBITRASE DALAM PENENTUAN PENYELESAIAN SENGKETA SYARIAH Hidayati, Reny
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (241.878 KB) | DOI: 10.21093/mj.v14i2.345

Abstract

The absolute authority of religious courts in economics sharia basically can not reach the agreement in which there is a dispute arbitration clause. An arbitration clause in a contract with Islamic principles usually comes first with settlement by means of shura or reconciliation. However, after an attempt made had not yet reached an agreement, the next step is to resolve the dispute the arbitration. In connection with the arbitration clause, the National Sharia Arbitration Board is authorized by law to resolve the dispute among contracting parties on the basis of agreements they have made previously in the contract (arbitration clause). This paper will discuss how the existence of the arbitration clause as limiting the authority of religious courts in handling disputes arising under a contract in the economic field and make sharia arbitration institution designated in the contract has the absolute power to handle dispute resolution sharia. Because the arbitration clause in a contract sharia business is very varied, ability, experience and creativity of businesses and lawyers to formulate an arbitration clause are highly demanded. It is intended that the choice of dispute resolution by means of arbitration actually be achieved more quickly and cost are borne by the parties to the dispute to be lighter.

Page 14 of 17 | Total Record : 162

 12   13   14   15   16 

Filter by Year

2007 2021


Reset
Filter By Issues
All Issue Vol 20 No 2 (2021) VOLUME 20, ISSUE 1, JUNE 2021 VOLUME 19, ISSUE 2, DECEMBER 2020 VOLUME 19, ISSUE 1, JUNE 2020 VOLUME 18, ISSUE 2, DECEMBER 2019 VOLUME 18, ISSUE 1, JUNE 2019 Vol 18, No 1 (2019) Vol 17, No 2 (2018) VOLUME 17, ISSUE 2, DECEMBER 2018 Vol 17, No 1 (2018) VOLUME 17, ISSUE 1, JUNE 2018 Volume 16, Issue 2, December 2017 VOLUME 16, ISSUE 1, JUNE 2017 VOLUME 15, ISSUE 2, DECEMBER 2016 VOLUME 15, ISSUE 1, JUNE 2016 VOLUME 14, ISSUE 2, DECEMBER 2015 VOLUME 14, ISSUE 1, JUNE 2015 VOLUME 13, ISSUE 2, DECEMBER 2014 VOLUME 13, ISSUE 1, JUNE 2014 VOLUME 12, ISSUE 2, DECEMBER 2013 VOLUME 11, ISSUE 1, JUNE 2013 VOLUME 10, ISSUE 2, DECEMBER 2012 VOLUME 10, ISSUE 1, JUNE 2012 VOLUME 4, ISSUE 2, DECEMBER 2007 VOLUME 4, ISSUE 1, JUNE 2007 More Issue