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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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Al-‘Alāqah baina Ushūl al-Fiqh wa Maqāshidi al-Sharīah wa al-Da’wah ilā Ta’sīsi ‘Ilmi al-Maqāshid Binti Ramli, Anggraini
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (647.767 KB) | DOI: 10.21093/mj.v15i2.634

Abstract

The study of Maqāshid sharīa is an important point in the discussion of Islamic legal theory (ushūl al-fiqh). Serious debates began to emerge in the 19th century among Islamic jurists concerning the position of maqāshid sharīa. At least, there are three important debates in the history; first, whether maqāshid is part of the discussion ushūl al-fiqh; second, is maqāshid sharīa built upon a foundation of classical Islamic jurisprudence (fiqh); and third, whether the maqāshid sharīa study is able to become an independent science that is separated from the study of classical Islamic jurisprudence. This article tries to present a discussion of the three paradigms by employing a descriptive-analytic method. The results of this study uncover that the study of maqāshid sharīa is like two sides of one coin; theoretically it is a distinctive study from ushūl al-fiqh, but it cannot be separated from one another. Ushūl al-fiqh has become the foundation to find out more details about the study of maqashid sharia. The separation between classical Islamic jurisprudence (fiqh) and maqāshid sharīa study conducted by Islamic jurists is a relative separation. Keywords: Ushūl al-fiqh, maqāshid sharīa, separation between Ushūl al-fiqh and study of maqāshid sharīa.
Gagasan Pembaruan dalam Bidang Hukum Kewarisan Haries, Akhmad
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1209.715 KB) | DOI: 10.21093/mj.v13i2.121

Abstract

As a result of intellectual work through istinbat or ijtihad of the scholars in understanding the provisions of paragraph al-Quran and al-Sunnah, Fiqh Mawaris has been stated in detail in the books of fiqh. However, social development and habits that occur and grow in the awareness of the public law, gave birth to the ideas of reform in the field of inheritance law. These ideas need to be studied, so that the message of Mohammad who believed sa>lihun likulli Zama>n wa maka>n be realized. The ideas of this update includes the division of inheritance based faraid is{la<h, the implementation of the grant, the division of inheritance based on consultation and consensus (is} lah), and the division of joint property. Although the ideas of reform in the field of inheritance law is normatively different from the concept of inheritance in the Qur'an and Sunnah, but the concepts deserves to be appreciated and promoted, because realistic and fair.
Corporate Social Responsibility dalam Perspektif Islam Darmawati, Darmawati
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1208.025 KB) | DOI: 10.21093/mj.v13i2.387

Abstract

Corporate Social Responsibility (CSR) should be applied within the organization or company. With the CSR, it will make the perpetrators of environmental organizations appreciate the place he was. To implement CSR companies must recognize that the problems of society is theirs too. Not only that, the company also must be willing to handle it. It was essentially to implement CSR. So just to acknowledge what problems exist in the community and it becomes part of them, the CSR is easier to do. Strategic plan of CSR programs can be will contribute to the reduction of poverty and social injustice in society. In the Islamic perspective, CSR is a realization of the concept of ihsan as the culmination of a very noble ethical. Ihsan is carrying out good deeds that can provide benefit to others in order to obtain the blessing of Allah.
Poligami dalam Hukum Islam Indonesia (Analisis Terhadap Putusan Pengadilan Agama No. 915/ pdt.g/ 2014/ pa.bpp Tentang Izin Poligami) Imanullah, Rijal
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.495 KB) | DOI: 10.21093/mj.v15i1.607

Abstract

This article discusses the considerations of Balikpapan Religious Court judges in giving polygamy permits in case No. 915 / Pdt.G / 2014 / PA.Bpp. In this case the applicant sought permission to marry his partner that he had married earlier not in accordance to state law (Nikah Sirri) 2014. In 2003, the couple was blessed with a son. They then face legal problems to get his birth certificate; and this is one of the reasons the applicant apply for a polygamy permit. Although the application does not meet the provisions of the marriage law in Indonesia about the terms of polygamy (Article 4 (2) Marriage Law No. 1/1974), the judge in the case still gives permission to the applicant . Consideration of the judges are the permission is given because it has greater utility than to simply follow the provisions of the law of marriage: namely legalizing their Nikah Sirri and welfare of the (illegitimate) child. This case shows once again that Religious Court judges are not only glued in the provision of positive law in Indonesia but also delves living law in the community, including here the principles of sharia and fiqh. Keywords : Polygamy in Islam, religious court in Indonesia,
Pengaturan Tindak Pidana dalam Qanun Aceh: Komparasi Antara Qanun No. 12, 13, 14 Tahun 2003 dengan Qanun No. 6 Tahun 2014 Berutu, Ali Geno
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (810.309 KB) | DOI: 10.21093/mj.v16i2.821

Abstract

The authority of the implementation of Shariah given by the Government of Indonesia to the Government of Aceh is the Shari'a in a broad sense, namely the guidance of Islamic teachings in all aspects of life. Consequently, it then includes the implementation of Islamic criminal law in the form of qanun (laws established by Muslim sovereign) in Aceh.  Yet, its application was limited to certain aspects of offences in Islam, and its drafting as well as deliberation were hasty. They were Qanun No. 12 (Khamr / consumption of liquor), 13 (Maisir / gambling) and 14 (Khalwat / being alone with someone of the opposite sex who is not a spouse or a relative) which were adopted in 2003. the selection of these three qanun was not without reason. The first reason, these three types of offences are a form of immoral deeds in the Shari'a and are very disturbing community, but have not been handled properly. Secondly, the euphoria of the society in the form of extra-judicial sentences by the people against these three types of offences. To prevent vigilantism, the aforementioned three qanun were enacted as a form of anticipation of the various chaoses in the Aceh community. This study examines the weaknesses contained in the Qanun 12, 13 and 14 Year 2003 and how the new qanun no. 6 Year 2014 concerning Qanun Jinayat Aceh overcome them. This paper argues that the weaknesses that exist in the old qanun have been covered by new qanuns because of more attention to the theory of Islamic law, the principle of Islamic criminal law, and, even to some extent, the principles of human rights were given in its deliberation.Keywords: Qanun, Khamar, Maisir, Khalwat, Jināyāt. 
OPTIMALISASI PERAN ZAKAT DALAM MENGENTASKAN KEMISKINAN DI INDONESIA Norvadewi, Norvadewi
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (400.035 KB) | DOI: 10.21093/mj.v10i1.111

Abstract

Zakat is a system unique in the history of humanity that only exist in Islam. Zakat is not only about worship but includes the financial system, economic, social, political as well as moral. Zakat has the function of the economy in alleviating poverty charity even give a significant influence on the macro economy. BAZNAS stated that the potential of zakat in Indonesia is estimated to reach Rp 217 fantastic trillion a year but in 2011 newly collected Rp. 1.8 Trillion. Potential of zakat which are yet to be excavated to the maximum so that has not been able to alleviate poverty in Indonesia because of a lack of professional management. Here the role of the state is required in managing zakat. This role can be achieved if there is a reorientation of the understanding and management of zakat zakat zakat can be empowered to be optimal. It needs a dynamic synergy between government and society in optimizing alms role in alleviating poverty in Indonesia.
PENGARUH POLITIK DALAM PEMBENTUKAN HUKUM DI INDONESIA Salam, Abdus
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.092 KB) | DOI: 10.21093/mj.v14i2.341

Abstract

This article examines how the politics influence legal development in Indonesia. Politics and law are two things that influence each other. In the process of establishing the rule of law by political institutions, the role of political forces who sit in the political institutions are very decisive.  When the position of law is more determinant than politics, then political activities are regulated by and must comply to legal rules. On the other hand, when politics is more determinant than law, then law is a product of political wills that interacts each other and even competes each other. However, an ideal system is a system when both law and politics are in balance in terms of determination. In such condition, an order may be achieved.
EKONOMI ISLAM: KAJIAN KONSEP DAN MODEL PENDEKATAN Iswadi, Muhammad
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.514

Abstract

This article is to describe Islamic views on economy as they have been enhsrined in the Koran. There are at least three explanations of what constitute Islamic economy: first, the science of Islamic economy; second, the system of Islamic economy, third, the economy of Muslim. The emergence of Islamic economy is very much to do with the doctrine of riba prohibition. In its modern practice, banking interest is deemed to be riba. In addition, the study of Islamic economy in modern time has been undertaken by means of different approaches.
Kontroversi Kewenangan Pengadilan Negeri Dan Pengadilan Agama Dalam Menyelesaikan Sengketa Perbankan Syari’ah Di Indonesia Hervina, Hervina
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.479 KB) | DOI: 10.21093/mj.v13i1.86

Abstract

Since the amendment of Law No. 7 of 1989 to Law No. 3 of 2006 concerning the Religious Courts, the Religious Courts increasingly expand its jurisdiction not only over disputes about the Islamic family law, but also to resolve disputes on Syari`ah economy including Syari`ah banking. The jurisdiction of the Courts to resolve the Syariah economy disputes, however, is reduced with the enactment of Law No. 21 of 2008 concerning Sharia Banking. The explanation of Article 55 paragraph (2) authorizes the District Court (Pengadilan Negeri) to resolve the Syari'ah economy disputes. This provision would cause dualism of authority and, thus, legal uncertainty as the litigants may settle their Syariah economy disputes either to the Religious Courts or the District Court.
EPISTEMOLOGI FIQH SABILAL MUHTADIN Pancasilwati, Abnan
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.827 KB) | DOI: 10.21093/mj.v14i1.333

Abstract

This article analyses Sabilal Muhtadin, a magnum opus of Syekh Muhammad Arsyad al-Banjari in Islamic jurisprudence. Al-Banjari is considered as  a prominent intellectual from  Banjarmasin, Indonesia who could contribute to the development of Islamic law beyond the municipal and national territory. In writing the Sabilal Muhtadin, al-Banjari have used three models of ijtihad, namely deductive, inductive, and the combination of the two. In applying the deductive method which should only refer to the verses of the Qur’an or the Hadith, however, he extends it to the opinion of previous Islamic jurits. This then proves that al-Banjari is not an independent mujtahid who exercise free ijtihad like the eponyms of Islamic schools of law. Yet, by applying the inductive (especially, maslahah and sadd adz-dzari’a) and the combined deductive-inductive methods, he is able to accommodate the social changes to the requirements of shari’a. Sabilal Muhtadin thus mirrors the intellectual developments within Islam responsive to the author’s circumstances.

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