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INDONESIA
Mazahib
ISSN : 18299067     EISSN : 24606588     DOI : -
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
Integrated Marriage Itsbat: Analyzing The Polemics Behind Its Implementation Mustika, Dian; Marlina, Siti
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (960.751 KB) | DOI: 10.21093/mj.v18i1.1344

Abstract

The existence of the Integrated Marriage Itsbat in Jambi City has begun since 2015 but in 2018, it was no longer implemented. One of the reasons is because the number of participants was decreasing. However, the trial of Marriage Itsbat in the Religious Court was still held. This study tries to examine its implementation in Jambi City and the problems surround it. This is an empirical legal research which employs the qualitative data collection through interviews and documentation. The study finds that the implementation of this program was loaded with a number of problems. Even in the reality, the final goal of this program, which is to help disadvantaged people to obtain rights to marriage certificates, marriage books, and birth certificates in one service unit, was not fully achieved. The results of this study indicate that there were a number of problems that had arisen, including: the existence of this program creating chances for increasing unregistered marriages; registration of participants without going through KUA leading to missed checks related to the clarity of previous marital status; a constraint in the publishing process of a Marriage Certificate; and lack of socialization. Hence, future programs of integrated marriage itsbat should be able to address the unintended consequences.Keywords: Integrated Marriage Itsbat, marriage registration, Religious Court, Compilation of Islamic Law.
Front Page Ahyar, Muzayyin
Mazahib Vol 18, No 1 (2019)
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (446.008 KB) | DOI: 10.21093/mj.v18i1.1593

Abstract

Regulating Halal Products in Indonesia: Between Religious Needs and Socio-Economic Challenges Susetyo, Heru; Prihatini, Farida; Karimah, Iffah; Ghozi, Ahmad
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1129.369 KB) | DOI: 10.21093/mj.v18i1.1372

Abstract

As the most populous Muslim country in the world, Indonesia needs to spend seven decades until finally enacted the Halal Product Assurance Law in 2014.  There are mixed responses in welcoming this law.  Many Muslims are incredibly pleased with this law, while others believe that this law would create social and economic problems, instead. Four years have lapsed and the law is still difficult to be implemented, since the state has produced none of the implementing regulations of the said law.  Meanwhile, the National Agency for Halal Product Assurance is newly established in 2018.  Therefore, the law on halal product assurance is really at stake.  It seems that the state enacted it half-heartedly. This paper discusses the dynamic of regulating halal products in Indonesia, between spiritual needs and socio-economic challenges. Less Muslim argued that halal is not part of Islamic teaching, yet many people believe that halal product in Indonesia is not merely a religious issue but also a social, economic and even political issue.  The methods for this research are both normative and qualitative. Data are collected mainly through documents, library materials, and field research. To sharpen the findings, comparative studies with Malaysia and Thailand were conducted. In the end, this research reveals the socio-economic dynamics of halal product regulation in Indonesia amid which is beyond religious issues.Keywords:  halal product, Indonesia, regulation.
Back Page Ahyar, Muzayyin
Mazahib Vol 18, No 1 (2019)
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (456.307 KB) | DOI: 10.21093/mj.v18i1.1594

Abstract

INTERAKSI AGAMA DAN POLITIK HUKUM KESULTANAN KUTAI KARTANEGARA: Studi Keagamaan Etnis Dayak - Kutai Murjani, Murjani
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.593 KB) | DOI: 10.21093/mj.v10i1.106

Abstract

Kutai Kingdom in the stage history of the archipelago have left traces of civilization. At least the built form of monarchy has got a touch of constitutional govern life in society. Constitutional monarchy called Panji Selaten, and Baraja Niti Law is the law that puts the combination of building indigenous aspects of egalitarianism, which is located between the Dayak and Kutai inland located near the center of power, where the top leadership is the king of Kutai. Building a constitution that remains grounded in the realm of "traditional" so-called "customary legal system sanctioned by the royal policy which also was based on the Personality '. And the result of the accumulation of "integration of religious values" into the royal power structure that forms the social character of the Malay culture is closer to the power structure. As a result, Dayak "haloq" is more likely to make ethnic identity in Kutai, and this is an indication that lead to impaired bargaining power "propaganda Islamiyah"
REFORMULASI HUKUM TALAK DI LUAR PENGADILAN Syari, Makmun
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.56 KB) | DOI: 10.21093/mj.v14i1.336

Abstract

Based on the Qur’an and the Hadith, ulama agree that talaq divorce has been prescribed in Islam. The talaq divorce, however, is used as the last resort of discord between a men and his wife in a household that can no longer be maintained or even bring harm to the couple. This article discusses the concept of talaq divorce in Islam. It especially analyses the current practice of talaq divorce in the Indonesian legal system, i.e. by requiring its pronouncement before the Religious Court (Pengadilan Agama) so as to be effectual. Even though this is a novel practice in Islamic law, its application is justifiable in order to prevent arbitrary talaq divorce pronounced by a man as well as to give legal protection and maintenance to a divorced wife and her children after the pronouncement of talaq.        
TINJAUAN SYARIAH TERHADAP BADAN HUKUM KOPERASI UNTUK BAITUL MAL WAT TAMWIL (BMT) Norvadewi, Norvadewi
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.152 KB) | DOI: 10.21093/mj.v4i2.509

Abstract

The improvement of Islamic financial institutions in Indonesia has been grown rapidly. The alternative form such as Baitul Mal wat Tamwil (BMT) is needed to serve this group. The interesting point of BMT is that institution has any relationship with the Cooperative Departement of Indonesia, because the majority of BMTs are based on cooperative form. There were relevant basic concept relationships between cooperatie and BMT management but there was a fundamental different between ooperative and BMTs that is the practice of “Riba”.
Pendekatan Istishlāhi dalam Ijtihad Abu Bakar Al-Shiddiq Ikromi, Zul
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (728.508 KB) | DOI: 10.21093/mj.v16i1.678

Abstract

Abstract:This article discusses how one of the most important figures in the history of Islam, the Caliph Abu Bakr al-shiddiq, solved the problem of Islamic law. As a literature-based study, this article focuses on solving legal issues that have no implicit basis in the Qur'an because of the different times between the life of the Prophet Muhammad and the Caliph Abu Bakr as-Siddiq. It then attempts to analyze the method of ijtihad employed by Abu Bakr as-Siddiq. This article has significance in assessing methods of resolving contemporary legal problems that have no legal basis found in the source of Sharia especially in the Qur’an. This study is certainly relevant to the present conditions which have different circumstances compared to that of when the Qur'an was first revealed. It thus reveals that Abu Bakr al-Siddiq used the istishlāhi (consideration of public welfare) approach, which makes the mashlahat (public welfare) a reference in the knowing the God’s law on a human act (ijtihad). The mashlahat approach adopted by Abu Bakr al-Siddiq guided by the general spirit of the text of the Qur'an and the traditions of Prophet Muhammad. In addition, this mashlahat approach also comes from other ijtihad methods such as ijmā', qiyās and mashlahah mursalah. The ishtishlahi approach in ijtihad Abu Bakr as-Siddiq can be seen in the case of possibility of collecting the Koran, the establishment of financial and judicial institutions, fighting the apostates and anti-zakat. In such cases, it is concluded that ijtihad cannot be performed by one method alone; it takes many approaches that ultimately leads to the consideration of public benefits.Keywords: Istishlāhī approach, ijtihad, Abu Bakar al-Shiddiq 
KEKERASAN DALAM RUMAH TANGGA Perspektif UU No. 23 Tahun 2004 Tentang PKDRT dan Hukum Islam Pancasilwati, Abnan
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (413.025 KB) | DOI: 10.21093/mj.v12i2.323

Abstract

Domestic violence is one of the manifestations of violence that gender base and it is culture phenomenon that be constructed by many variables, among other, social system, culture, legal and religious beliefs. Gender injustice is a system and a structure in which both men and women are victims of the system. Domestic violence is born because of the relationship of husband-wife is hierarchical-structural, where the power relation between them are not unbalanced pattern, where unequal relationship that just gets juridical legitimation by the state, cultural and religious doctrine. Gender injustice manifested in various forms of injustice, namely marginalization, subordination stereotypes, violence, double burden, and the socialization of gender roles ideology that not equal. Therefore  struggle to advocate for grounding principle of gender equality include three dimensions, namely efforts to reinterpretation legal subtances (positive and religion), build a culture community that gender sensitive and oversight of law enforcement officers.
IMPLEMENTASI GOOD CORPORATE GOVERNANCE PADA LEMBAGA KEUANGAN SYARIAH (PERBANKAN SYARIAH) Tikawati, Tikawati
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.967 KB) | DOI: 10.21093/mj.v10i2.403

Abstract

Corporate Governance is a relatively new issue in the world of business management. Corporate governance is generally associated with the systems and mechanisms that govern relationships and create the right incentives among the parties interested in the company to achieve its business objectives optimally. Good corporate governance generally includes the application of the principles of transparency, accountability, fairness, and responsibility. Implementation of good corporate governance in Islamic financial institutions become increasingly important to do that foster trust within the community and improve the performance and progress of Islamic banking. GCG in the body of Islamic institutions is crucial to the development of Islamic banking towards the more advanced. In principle, the GCG implementation of relevant and in line with Islamic values. Islam requires that every aspect of life regulated by systems and structures that meet the best practices outlined by Allah SWT. Hence these two ideals must go hand in hand. GCG become an integral part of the Islamic concept of a full and thorough.

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