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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.
Arjuna Subject : -
Articles 162 Documents
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Stabilizing Muslim Marriages: Some Reflections on Ethical Dimension of Family Law Reform Haneef, Sayed Sikandar Shah; Abdul Razak, Mohd Abbas Bin
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (525.354 KB) | DOI: 10.21093/mj.v16i1.816

Abstract

Marriage breakdowns and family instability with their debilitating after-effects on women and children are the hallmark of greatly mechanized global community at present time. To remedy the situation, social scientists have diagnosed a multitude of variables as the precursor for the upward trends in marriage breakdowns and family disintegration. In Malaysian context, women`s financial independence, easy access to multimedia and early marriage are among the factors which account for the rising phenomenon of divorce even during the early years of marriage among Muslims.  To remedy the situation, marriage counseling, law reform and pre-marriage courses are mostly emphasized by both mainstream legal scholars and women right activists. It is my considered opinion that these formalistic approaches if not integrated with the emphasis on ethical side of Islamic law may cause more marriage breakups than enhancing families.  The bigger issues in terms of ethical management of Muslim family, such as marriage fidelity, sense of commitment to care for women and children, and spousal mutual empathy and responsibility may help a great deal in acculturating our society from early childhood to adolescence and through adulthood. The paper, therefore, argues for the more concentrated ethical approach for addressing the underlying causes of marriage disability in order to give more effect and meaning to the existing formalistic social and legal measures by reforming Muslims` mindset and outlook towards family. Keywords: family disability and marriage breakdowns in Malaysia, ethical management.
UU PORNOGRAFI DALAM PERSPEKTIF HUKUM ISLAM Andaryuni, Lilik
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (284.898 KB) | DOI: 10.21093/mj.v10i1.107

Abstract

Pornography is like an octopus that plagued the whole society. Background of many factors, among others, women's fashions, the media, including internet. Various regulations were issued to mute it. Still can not stem its spread. Pornography is located between the ethical and aesthetic dimensions. Talk about moral ethics, aesthetics are talking about the beauty of Islamic law has its own rules of procedure and ethics association of dress.
PEMINDAHAN EMBRIO KE RAHIM WANITA LAIN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF Ashar, Ashar
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (502.341 KB) | DOI: 10.21093/mj.v14i1.337

Abstract

This article discusses the legal status of a child born from an embryo transfer from a woman who donors the egg to another woman who provide the womb. From Islamic law perspective, a child born from embryo transfer to another woman's womb belongs to the mother who gave birth to her, even though the egg is not from her. This then impacts on the inheritance status whereby the child can inherit from the mother who gave his/her birth, and vice versa. Meanwhile, positive law regards the child is the legal heirs of the parent who have the seed because they are the legal parent of the child pursuant to the agreement that has been agreed by the parties
HUKUM ISLAM: ANTARA TEKS, MORAL, DAN AKAL Haries, Akhmad
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.510

Abstract

The development of paradigm of modern scientific has a significant impact on the development of jurisprudence. A case in point is the influence of postmodernism which has led to a thought that law is no longer deemed as merely a social reality; instead, law is also a metaphysical reality. The shift of jurisprudence paradigm from positivism to postmodernism is considered in line with Islamic thoughts on jurisprudence. This is because: first, Islamic jurisprudence requires the combination of mind and heart; second, the shortcoming of bayani, `irfani and burhani epistemology necessitates a par excellence epistemology i.e. their combination; third, religious morality plays an important role in forming a social order.
MASLAHAH MURSALAH SEBAGAI METODE DALAM PENETAPAN HUKUM ISLAM Haika, Ratu
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v12i2.324

Abstract

At ushul fiqh study, has been negotiated that there were four sources of Islamic Law, namely Al Qur’an, Hadits, Ijma’ and Qiyas.  At its development also many methods that known as determination of Islamic Law, including maslahah mursalah.  Maslahah divided into three area, namely accepted by syara’, ignored by syara’ and be debated by fuqaha because there were no postulate both accept and also ignore that.  the third ones that become the object of maslahah mursalah theory or a term introduced by Imam Malik.  Maslahah mursalah as a method or source of legal determination is used by some of ulama but some others especially from follower of mazhab asy-Syafi’iyah denied whereas based on the research results, Imam asy-Syafi’I and follower, Imam Gazhali, accept it. 
WAKAF DI INDONESIA (Telaah Sejarah dan Perundang-Undangan) Mursyid, Mursyid
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v10i2.404

Abstract

N/A
Subject and Author Index Fauzan, Umar
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (243.802 KB) | DOI: 10.21093/mj.v15i2.657

Abstract

Studi tentang Hadis Malam Nisfu Sya'ban Andaryuni, Lilik
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v13i1.393

Abstract

The glory and privilege month of Sya`ban is because it is the month with full of intercession, forgiveness, and rewards. In this month, man should do a lot of self introspection, because this month is the closing month of Islamic calendar. Prophet Muhammad did a lot of fasting in the month of Sya`ban because he loved when his pious acts were accounted for in the fasting state. There are different opinions, however, when it comes to the status of the 15th night of Sya`ban: is it a special evening with a special virtue too or it is no more than the rest of Sya`ban nights? This article thus will analyze ulama’s opinions on this matter.
Kedudukan Kompilasi Hukum Islam Dalam Tata Urutan Perundang-Undangan Di Indonesia Helmi, Muhammad
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.969 KB) | DOI: 10.21093/mj.v15i1.616

Abstract

The Compilation of Islamic Law of Indonesia contains Islamic rules according to the conditions of Indonesian Muslims. The Compilation was formulated, among other things, by adopting an eclectic approach towards sunni schools of Islamic law (Madzahib al-Fiqh) and legal opinions (fatwa) of Indonesian Islamic scholars (ulama). It is now used by the judges in the religious courts as the substantive law in adjudicating Islamic family law cases: marriage, inheritance, and Islamic trust (waqf). Despite its deliberate drafting process, the Compilation is problematic to be a positive law in Indonesia especially after the enactment of Law No. 12 of 2011 concerning the establishment of statutes. This is because the Compilation was passed by means of the Presidential Instruction (or now decree) No. 1 of 1991. The format of Presidential Decree is not listed in the hierarchy of law in Indonesia either prior to or after the promulgation of Law No. 12 of 2011. This article aims to analyze the status of the Compilation as the positive law in Indonesia after the promulgation of Law No. 12 of 2011 and what measures can be taken by the government to elevate its status. It argues that the President can initiate to change the Compilation legal basis from Presidential Decree to Government Regulation in Lieu of Law. In following year, the Government Regulation in Lieu of Law can be passed as an Act. When it is an Act, the Compilation is officially effective and binding in Indonesia.
Kontribusi Ajaran Islam Tentang Hak Politik Perempuan Haryani, Yanti
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (423.196 KB) | DOI: 10.21093/mj.v15i1.614

Abstract

The purpose of this study is to determine and to analyze how the contribution of Islamic teachings on women's political rights. Contributions of Islam on women's political rights has been long existed, Islam never restricts women’s creativity in any field as long as it does not violate the nature as a woman. If she has married, responsibilities as a wife and mother of her children should not be forgotten. In Islam, either man or woman has the right to organize, fight and defend, and the right to participate in the diplomatic and political agreements. The constraints against women is the lack of support from the women themselves for the sake of fulfilling a quota of 30% which is until this time it has not happened yet. Besides, the lack of knowledge for their representation as women in the political domain which has the real influence to the prosperous society The efforts being made should have been done well, the government should always pay attention to the representation of women in many ways. In the political domain, political parties should be one of the institutions which empower women who has a capability in political struggle.Keywords: Contributions Teaching of Islam, Women's Political Rights.

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