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Mazahib

mazahib
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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

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HUKUM KEWARISAN ISLAM DI INDONESIA (Analisis Terhadap Buku II Kompilasi Hukum Islam) Haika, Ratu
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.505

The compilation of Islamic law (KHI) consists of three books: book one concerns of marriage; book two concerns of inheritance, and book three concerns of religious endowment. Unlike book one and book three which have other legislation regulating them i.e. Law No. 1/1974 of marriage, Government Regulation No. 9/1975 of marriage and Law No. 41/2004 of religious endowment, book two of the KHI have no other supporting legislation whilst articles available in the book two are very limited. Hence, there are many jurisprudential questions left by the KHI with regards of Islamic inheritance in Indonesia.

Rekonstruksi Hukum Kewarisan Beda Agama Ditinjau dari Al-UshÅ«l Al-Khamsah Tohari, Chamim
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Islamic Inheritance Law is believed to be a law containing rules that are in line with public interest. Hence, only few Moslem scholars (ulamaâ€™) have conducted ijtihad on the topic in order to reform its rules and bring them pursuant to contemporary situation. Consequently, when there is a gap between the ideal of Islamic inheritance law (i.e. maslaha) and its application in the Islamic society, a rational ruling over the problem of inheritance division faced by Moslems becomes unavailable. Given this, it is necessary to re-interprete the textual sources of Islamic Inheritance Law, in order to come up new rules pursuant to the objective of syariâ€™ah. One of the pressing problems need to be resolved is about the status of Muslim heirs whose inherits from their non-Moslem family. This article thus discusses two main issues: first, what the opinions of Moslems scholars are about a Moslem who inherits from his/her non-Moslem family; and second, which opinion is the most relevant to the al-uá¹£hÅ«l al-khamsah. This article is doctrinal legal research which employs comparative and deductive analysis. It reveals that: (1) the Moslem scholars are devided into two groups of thought, the first group forbid a Moslem to inherit from his/her non-Moslem family, and the second group allow it; (2) the most relevant opinion to the objective of syari`ah is the second opinion. This is so because the admissibility of a Moslem to inherit from his/her non-Moslem fulfils the criteria of public interest of essential and complimentary level.Â Keywords: Islamic Inheritance law, interfaith inheritance law, istiá¹£lÄhi, al-uá¹£Å«l al-khamsah.Â Â

The Commodification of Religion in the MaqÄá¹£id Al-Shariah Perspective Maftukhatusolikhah, Maftukhatusolikhah; Rusydi, Muhammad
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : IAIN Samarinda

This article discusses the problem of the commodification of religion in Islam, namely looking at the perspective of Islamic law on a process that directs the symbols and religious expressions of Muslims in the framework of market-based power as a commodity or business object. The theory used is the Maqashid ash-Shariah theory, to find out whether or not the objectives of sharia law are maintained in the religious practices which intersect with the economic dimension. This becomes relevant because for a Muslim the conformity with the objectives of sharia is the materialization of maslahah which is the wisdom of establishing a law in Islam. It employs a normative approach in the perspective of Maqashid jurisprudence. The results of this study indicate that in the Islamic context, there are several things that reveal the symptoms of religious commodification which are packaged in various forms of industry. Some types of industry still exist which are built with economic rationality to seek mere worldly benefits and ignore the principles of benefit. For this type of business practice, the government with its various instruments or institutions must continue to carry out sharia-compliant supervision. Meanwhile for the sharia-based business practices or industries, there is no legal issue in complying with sharia objectives there.Keywords:Â Commodification of religion, Maqasid al-Sharia, Islamic law, religion with economic dimensions.

Literasi Teknologi Informasi Nur Hayati, Afita
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v13i2.389

Globalisation bring world as a global village.Â All informations from different culture can catch easily in real time.Â So all people must have skill and knowledge when access information.Â Information must be selected, just information that compatible with what they need they will use. When all people use all needed informations effectively, its called they literate generation.Â Next, as subject of law, literate generation must look carefully legal and ethical issues as a part of intercultural awareness, intellectual learning and intercultural skills.

HADIS KONTEKSTUAL (Suatu Kritik Matan Hadis) Subhan, Subhan
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

This paper discusses the contextual tradition. Position as the explanatory tradition which al-Qur `an is a source of law for Muslims. As an explanation of al-Qur `an, the hadith of the Prophet would appear appropriate circumstances and background of the lives of the friends who are different, the instructions given by the Prophet any differently. Meanwhile, the friends also interpret the traditions of the Prophet in accordance with their respective capacities, so that the conclusions reached different results. Therefore it is necessary contextual understanding.

Ketiadaan Daluwarsa Penuntutan dalam Hukum Pidana Islam dan Pembaruan Hukum Pidana di Indonesia Helmi, Muhammad
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

A statute of limitation is the passage of specified number of years that become the reason for abolishing of criminal penalties against someone who has committed a criminal act. Basically, all the perpetrators of criminal acts should be prosecuted in a criminal court to face trial, but there are things which abolish criminal prosecution such as the statute of limitation. In order to reform the criminal law, it must necessarily be carried out by reconstructing underlying ideas of such reformation, that is the materialization of justice. One of the ways to do so is by including the concept of absence of the statute of limitation as adopted by the concept of Islamic criminal law. This paper argues that the statute of limitation enshrined in the Criminal Code gives more emphasis on the rule of law, while the absence of the statute of limitation in the Islamic Criminal Law give more emphasis on the fairness and certainty. Achieving justice is not limited by time; whereas certainty is limited by the availability of valid evidence. To that end, the introduction of the concept of absence of statute of limitation into positive law is necessary to ensure that justice which is the main purpose of law enforcement. In addition, the introduction of this Islamic criminal law concept is also a strategic move to make Islamic law a part of the positive law in Indonesia.Keywords: A statute of limitation, Jinayah in Islam, criminal law in Indonesia

The Role of Ulama in the Application of Islamic Syariah in Aceh: A Study of Aceh Ulama Councilâ€™s Fatwa on Apostasies and Heresies Nurdin, Abidin; Abubakar, Muhammad bin; Alchaidar, Alchaidar; Apridar, Apridar
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : IAIN Samarinda

This article examines the role of ulama in the implementation of Sharia in Aceh by focusing on the study of their fatwa concerning apostasies and heresy. Since the time of the Aceh Sultanate, the role of the ulama has been prominent as the royal judges who applied sharia due to the status Aceh as the region that embraces Sunni Islam as the official schools of jurisprudence and theology. This situation continues in the period of independence and it has legally been further strengthened in the post-Soeharto regime (reformation era) by the special autonomy status granted to Aceh that includes the right to implement sharia in full. Based on the special autonomy, the council of ulama in Aceh, known as Majelis Permusyawaratan Ulama (the Consultative Assembly of Ulama) or MPU) is officially instuted as the government partner and vested with the authority to issue religious edicts (fatwa) and give considerations regarding the problems of governance, development, community development, and Islamic economy to the government. With regards to Islamic theology, the MPU has the authority to determine the orthodoxy of a religious group by issuing fatwa. As studied, there are fourteen fatwa issued by the MPU on sects and religious movements flourished in Aceh which are deemed to be deviating from Islamic orthodoxy; those include Shiah, Millata Abraham, and Gafatar. Â Â From in-depth studies of the fatwa, this article reveals that the influential role of ulama in Aceh in the life of society and government comes from three legitimations, namely; history, legal, and social. This thus has made the society and government feel bound by the MPU fatwa on apostasies and heresies which prompt the Aceh government to ban the groups despite freedom of religion guaranteed by the constitution. This condition is theoretically appealing because, as far as the legal system of Indonesia is a concern, obeying a fatwa is a matter moral compliance instead of legal compliance.Keywords: Aceh, Islamic Sharia, Ulama Councilâ€™s Fatwa on Apostasies and Heresies

PENEGAKAN HUKUM DALAM SYARIâ€™AT ISLAM Pancasilawati, Abnan
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Application of the rule of law at the beginning of Islam, in principle, in the hands of the Prophet, given the Qur'an as a guide and guide of human life. Being al-Hadith (Prophet's deeds) as explanatory of the Qur'an. Indeed the Prophet established the law is the law of God, because God ordered him to follow what they're told and leave what the Prophet prohibited. Principles of justice in Islam contains valuable concept. He is not synonymous with man-made justice. Humanism human fairness doctrine has alienated transcendental values and have glorified human beings as individuals, so that man becomes a central point. Speaking about the rule of law in Islam, the author tries to link it with the application of punishment in Islam, which is the concept discussed in the chapter jinayah fiqh.

WOMENâ€™S RIGHTS AND GENDER EQUALITY ISSUES IN ISLAMIC LAW IN INDONESIA: THE NEED TO RE-READ WOMENâ€™S STATUS IN THE ISLAMIC RELIGIOUS TEXTS Alfitri, Alfitri
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Artikel ini adalah untuk membahas status perempuan dalam teks-teks agama Islam, terutama ayat-ayat Quran dan Hadis teks yang dianggap "misoginis." Ada kebutuhan mendesak untuk membaca kembali teks-teks agama Islam karena mereka digunakan oleh ulama klasik untuk menghasilkan fikih mereka. Fikih klasik tadi, bersama-sama dengan teks, diadopsi oleh umat Islam kontemporer di luar konteks dan, kadang-kadang, telah digunakan untuk mengabadikan ketidaksetaraan gender dalam kehidupan sosial. Contoh kasusnya antara lain adalah kritik, dan bahkan penolakan, terhadap reformasi hukum keluarga yang diusulkan oleh negara. Artikel ini berpendapat bahwa nilai-nilai universal yang terkandung dalam teks-teks agama Islam yang mempromosikan keadilan dan, dengan demikian, menghormati hak-hak perempuan serta bertujuan untuk mencapai kesetaraan di antara diferensiasi gender dalam kehidupan sosial perlu disosialisasikan. Pemahaman sensitif gender ini terhadap teks-teks agama Islam disosialisasikan untuk lebih meningkatkan kesadaran masyarakat terhadap hak-hak womens dan isu-isu kesetaraan gender dalam Islam.

Analisis Konsep Keadilan, Kepastian Hukum dan Kemanfaatan dalam Pengelolaan Lingkungan Sagama, Suwardi
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Environmental management becomes the attention of environmental existence because the exploitation is always in contiguity with nature, including forest exploitation which has positive and negative effects. On the one hand, the forest provides economical growth, but it also brings the natural demage (environmental ecosystem) on the other hand. The legal norms become a border and a sign of legal subject flexibility at once for forest exploitation. According to Gustav Radburch, the purposes of law are fairness, certainty and usefulness; it will become the hope to create environmental management which has environmentally sound based on Law No. 32 of 2009 on the Protection and Environmental Management. This article uses a normative legal research based on legal system components including the structure, substance and legal culture. There are some rights and obligations in environmental management; the right to live in healty and good environment, and obligation to keep the environment as well as possible. Justice in environmental management can be actualized if rights and obligations are run inequilibrium. Whereas, the legal certainty lies in the rule of law that become the reference of legal subject to exploit the forest resources. The legal certainty can be run effectively if it supported by good law enforcement. The legal benefit is achieved when the domminant legal subject perceived to benefit happiness. Fairness, certainty and benefits provide significant functions to maintain the environmental management with environmentally sound. But it can not be implemented simultaneously because of different tasks and functions.

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Kalimantan timur

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Home Page

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Contact Name Alfitri

Contact Email al.alfitri@gmail.com

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Journal Mail Official redaksi.mazahib@gmail.com

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Location Kota samarinda, Kalimantan timur INDONESIA

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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