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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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Tinjauan Hukum Islam Terhadap Penerapan Akad As-Salam dalam Transaksi E-Commerce Fadhli, Ashabul
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (632.002 KB) | DOI: 10.21093/mj.v15i1.589

Abstract

The rapid development of technology have been showing new dimension for transaction activity.  The early of transaction activity with traditional method. Now day, it can be done by networking fast, is so called with internet (e-commerce). In the practice, e-commerce transaction involving some parties which niet found in the traditional method. As well as on the shape, process up to end of transaction. As an approval that emerged from agreement, akad have legal consequence that given the right and the other side requires the obligation to the parties that form a binding contract to one anether. Therefore, akad was essential to the acceptance or rejection of legal act.
Restorative Justice in Settling Minor Criminal Disputes in Ponorogo, East Java: An Islamic Law Perspective Munawaroh, Hifdhotul
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (922.176 KB) | DOI: 10.21093/mj.v18i2.1632

Abstract

This article aims at examining the viability of a village court as an alternative settlement of minor criminal disputes in the district of Mlarak, Ponorogo, East Java. Among the cases resolved through restorative justice are petty theft, juvenile delinquencies, crimes against women and children, and public order disruption. The village court has used mediation among the disputants in the search of a consensus without harming each party. The consensus achieved signifies the return of balance in the community which has been damaged by the offenses. This makes dispute resolution through mediation and customary justice in line with the concept of Restorative Justice. However, there are obstacles in the resolution of cases through mediation. This includes: first, there are no regulations governing village justice procedures so that the mediation and village justice procedures differ from one village to another. Second, the determination of sanctions for minor criminal offenses is perceived to have not deterred some of the perpetrators. This is evidenced by the repetition of criminal acts committed by the perpetrators which, thus, has created public unrest. Third, the level of understanding of community leaders towards the law is still lacking. This has resulted in discrepancies in settling the disputes. From the Islamic law perspective, the settlement of a dispute by means of the village justice is in accordance with the Sharia. It constitutes the implementation of al-shulh system and ta‘zīr concept in the provision of punishment for the perpetrators Keyword: Restorative Justice, al-Sulh, Alternative Dispute Resolution (ADR), Minor Criminal Disputes
An Ambiguity of Constitutional Law Major at the Faculty of Sharia of Islamic Higher Education Institutions in Indonesia Zainuddin, Zainuddin; Yustiloviani, Yustiloviani; Raus, Afrian; Mauliddin, Mauliddin
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (586.923 KB) | DOI: 10.21093/mj.v18i2.1595

Abstract

This article examines the problem of majoring Constitutional Law at the Faculty of Sharia in Islamic Higher Education Institutions in Indonesia. There is an ambiguity of the essence of Constitutional Law at the Faculty of Sharia whose Siyasah (simply translated into Constitutional Law) as a major. The core subjects of constitutional law are legal studies on basic law aka constitution. Meanwhile, the essence of siyasah is politics. Does this ambiguity occur only in the nomenclature or also in its implementation as well that include the department’s vision, mission, curriculum, competency, and profile of graduates? This study was a library research which employs a qualitative data analysis towards the so-called siyasa department’s vision and mission documents, curriculum documents, textbooks assigned, teaching materials, research journals, and websites across Islamic Higher Education Institutions in Indonesia. It found that there has been an ambiguity in some Departments of Constitutional Law at the Faculty of Sharia both in the Department nomenclature and in its implementation, such as vision, curriculum, student final assignments, student competency, and profile of graduates. This ambiguity lies in which specialization aims at by the major: law in general, politics, or constitution? On the one hand, the objective of the department is to train the students with legal studies focusing on Islamic Constitutional Law (Qanun Dusturi al-Islamy). On the other hand, the courses on politics are prominent too while there is not enough subjects on the Islamic Constitutional Law. It thus suggests the siyasa Department management across the Faculty of Sharia in Indonesia reorient their vision and mission and match them with their curriculum and programs.Keywords: Ambiguity, constitutional law, Faculty of Sharia
Monopolizing Religious Blasphemy Law Interpretation in Indonesia: The Strategy of Lawfare and the Exercise of Power Widyantoro, Hary; W Munthe, Fredy Torang
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.283 KB) | DOI: 10.21093/mj.v18i2.1572

Abstract

The article explores the process of monopolizing Blasphemy law interpretation by several Islamist groups and its impact on the freedom of religion in Indonesia. Even though the result of blasphemy cases in the national context is predictable, the local context shows a different dynamic. This article examines several religious blasphemy cases locally, such as Otto Radjasa’s in Balikpapan, Sukmawati’s in Jakarta, and Ganjar Pranowo’s in Central Java. It seeks to answer how has religious blasphemy been defined and interpreted by the Islamist group and how each interest has influenced the group interpretation and strategy to bring the offenders of the blasphemy law to the jail. It argues that monopolizing the law interpretation consists of two main strategies: first, by using lawfare against the political rivals, and second, by employing the exercise power while taking financial advantages from the offenders. The article contributes to the academic discussion on the exercise of power and hegemony in influencing the blasphemy law interpretation in Muslims majority countries.Keywords: Religious Blasphemy, Islamists, Power, Hegemony
Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan Rofii, Ahmad
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (431.275 KB) | DOI: 10.21093/mj.v19i1.2142

Abstract

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Keywords: constitution-making, Afghanistan, the 2004 Constitution, Islam clauses, Islamic.
Deterring or Entertaining? Can the Caning Punishment Execution in Aceh Meet its Objective? Fadlia, Faradilla; Susilawati, Novi; Ramadani, Ismar; Sari, Novita
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v19i1.2055

Abstract

This article probes whether the implementation of the caning sentence in Aceh may reach its objective of deterrent effect given the way the execution conducted. From the field observation, the flogging was not much different from entertainment. The mass gathered in one place to watch the execution; they include children, street vendors, researchers, and journalists. There was a stage, VIP seats for guests, loudspeakers, administrative arrangements, and the caning punishment procession. Using a qualitative research approach with an in-depth interview method, it seeks to understand how the community involved in the caning execution was and how the government was designed the sentence as such and why.  It finds that while the government saw the caning law as the implementation of Islamic sharia in Aceh, the people perceived its execution more as entertainment. The government has used the caning sentence execution as a demonstration of power, often for a political gain, because it emphasizes its presence not only as of the guardian of shari’a for Acehnese but also as a devout politician who keeps his political promises. Yet, little of this punishment deterrent effect conveyed to the society due to the way it was staged and executed.Keywords: Qanun Jinayat, Aceh, Caning Punishment, Stage, Entertainment, Deterrent Effect.
From Usul Fiqh to Legal Pluralism: An Autoethnography of Islamic Legal Thought Salim GP, M. Arskal
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (490.534 KB) | DOI: 10.21093/mj.v19i1.2414

Abstract

This article seeks to introduce an autoethnography as a method in studying Islamic law. Through an autoethnography, a scholar could share a unique and subjective experience, which would not only contribute to the understanding of social phenomenon but also reflect on possible different situations upon knowing the reality. It not only makes a sequence of events and their interpretation, but it also asks readers to emotionally ‘relive’ the events with the writer of autoethnography. This article uncovers processes and dynamics of my own thought in approaching and comprehending law in Islam including topics such as usul fiqh and legal pluralism. It discloses the development of my research interest and scope, both nationally and internationally in the past three decades. The article argues that knowledge is not necessarily produced by research work. In fact, personal narratives are considered scientific in that they could contribute knowledge to what we know about the world in which we live. And, last but not least, personal stories are valuable if they could: 1) provide a legitimate claim or justification, 2) offer something new to learn, and 3) help other people cope with or better understand world issues.Keywords: autoethnography, Islamic law, legal pluralism, usul fiqh.
Does Sharia By-Laws Damage Interfaith Harmony? The Case of Sharia By-Laws Implementation in Pamekasan, Madura Maimun, Maimun; Syawqi, Abdul Haq
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v19i1.1869

Abstract

Since the beginning of the Reformation Era in 1998, Indonesia has been transforming itself into a more liberal polity than that of in the New Order Era. This political circumstance is characterized by the freedom of opinion and the decentralization of power. During this Reformation Era, many local regulations have been enacted. One of which was sharia by-laws or local regulation based on Islamic norms in some largely Muslim populated regions. This situation has triggered concerns about the impacts of sharia by-laws over the inter-religious harmony among a very diverse society of Indonesia. This study aims to evaluate the sharia by-laws implementation in Pamekasan, Madura, and analyze its implication for inter-religious harmony. By using a qualitative approach and phenomenological descriptive analysis, it reveals that there has not been found negative impacts on the implementation of sharia by-laws since its enactment in 2001 until today. The internal and external potentials of Pamekasan residents, arguably, have become the determinant factor in keeping the by-laws in line with inter-religious harmony. These potentials include cultural-deeply rooted social capitals such as friendliness, politeness, mutual respect, and helping others. Besides, dialogue among religious elites, which is facilitated either by local government or civilian organizations, is frequently conducted and this helps to create a conducive atmosphere for all despite the existence of sharia by-laws in Pamekasan, Madura.Keywords: sharia by-laws, interfaith harmony, social capitals.
The Representation of Women’s Role and Position in Taqrib Book: A Discourse Analysis Study Gojali, Dudang; Abdurrohim, Nandang; Ali, Hapid
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (367.759 KB) | DOI: 10.21093/mj.v19i1.1737

Abstract

AbstractThis article aims at analyzing woman’s role and position in a book of Islamic jurisprudence (fiqh book). It focuses on the discussion of women’s position in domestic and public sphere as written in the fiqh book titled Taqrib. It also explores the relevance of the Taqrib’s contents on women’s role and position in the social context by probing its readers’ awareness. In this qualitative study, the discourse analysis method is used to examine the contents of the book and the context of readers, i.e. prominent teachers of Islamic boarding school (kyai). Although women’s role and position was depicted subordinate to men in several cases of fiqh reasoning (e.g. the authority of father and grandfather in determining marriage for their daughter, the superiority of men over women in being a judge, and so forth) in the Taqrib book, Some kyai were aware of the women’s role and position in the social life equally. Hence, they maintain that the women’s role and position in the domestic and public environment should be recognized. This study thus emphasizes the need to re-read the fiqh reasoning on women’s role and position contextually. Keywords: woman's role and position, fiqh, Taqrib book.
Islamic Legal Modernism and Women's Emancipation in Tunisia Ismail, Zulfikar; Hasan, Maisyarah Rahmi
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v19i2.2800

Abstract

The article aims to analyze the role of modern interpretations of Sharia on women's emancipation in Tunisia. Even though Tunisia is a Muslim country influenced by the Maliki school of thought, its social, cultural, and political conditions are conducive to women's emancipation efforts. This condition was created partly by the government's efforts to adopt Sharia's modern interpretation in Tunisia. Efforts to modernize Islamic law through state law have been going on for a long time and are consistent. Islamic legal modernism is evidenced by the Constitution, which guarantees women's equal rights, manifested in state law and policies. A case in point is family law in Tunisia that prohibits the practice of polygyny, gives equal share of the inheritance, and punishes perpetrators of domestic and sexual violence against women. Modern interpretations of Sharia have resulted in Islamic law that is more gender-friendly and maximizes women's potential in Tunisia's public sector. As a result, women's political participation in Tunisia is very high: they occupy many Parliament seats and high government bureaucracy positions. The condition of equality of women in Tunisia is far different from that of its compatriots in the middle east and north African countries, which are still influenced by conservative Islamic law interpretations.Keywords: Islamic legal modernism, women's Emancipation, polygyny prohibition, sexual harassment

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