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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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Polemik Usia Hewan Aqiqah: Studi Komparasi Pendapat Imam Madzhab Hukum Islam Zainuddin, Cholidi; Azkia, Zuraidah
Mazahib Volume 16, Issue 2, December 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1224.117 KB) | DOI: 10.21093/mj.v16i2.679

Abstract

This article seeks to explore about the normative age of animals sacrificed in the aqiqah process. Aqiqah is Islamic terminology which signifies the sacrifice of an animal on the occasion of a child's birth. This normative study is based on the phenomenon of the sacredness of the aqiqah process that every economically capable parent is required to do. Several questions arise related to the phenomenon: is the type and age of animals sacrificed for aqiqah equal to the sacrificial animal requirements slaughtered on the day idul adha? How did the jurists of the Islamic school of law base their arguments on the age of aqiqah animal? The study finds that there is hardly any fundamental difference from classical scholars about the age of aqiqah animals. The results of this study confirm that animals can be slaughtered as aqiqah when it reaches the age of al-tsaniy/tsaniyah/musinnah except for sheep which is sufficient with the age of al-jadza’/jadza’ah. Nevertheless, some Islamic jurists, though a minority, say that aqiqah animals slaughtered below the age are still valid and counted as rewards for the parents.Keywords: Islamic law, aqiqah in Islam, age of animals sacrificed in the aqiqah, al-tsaniy and al-jadza’
TEKSTUALISME PEMIKIRAN HUKUM ISLAM (Sebuah Kritik) Asriaty, Asriaty
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.126 KB) | DOI: 10.21093/mj.v11i1.112

Abstract

This paper will look at the general paradigm of Islamic legal thought. The discussion will begin with the reading of the two models in the relationship of text and reality is textual and contextual paradigm. The paper will then elaborate on the hegemonic paradigm of Islamic law in the classical era textual paradigm. Furthermore, we will load the criticism of classical Islamic legal paradigm that is considered too textual and normative implications for the resistance so that the text (revelation) of all the developments and dynamics of reality. This paper seeks to map and analyze the historical development of Islamic legal thought critically.
KONSEP KEADILAN DALAM FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM Helmi, Muhammad
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.093 KB) | DOI: 10.21093/mj.v14i2.342

Abstract

This paper compares the concept of justice in the viewpoint of legal philosophy and the philosophy of Islamic law. Justice in Islamic law comes from the Creator, Allah Swt., which is infinite justice and therefore must be believed not to apply the law unless justice to His servants. The concept of Justice will continue to evolve in line with social development. Fairness in life becomes an important requirement for humans so that everyone can strike a balance between demanding their rights and carrying out their obligations in an effort to reach the truth. Thus, the truth and the obligations must be in harmony and balance in life. Law is just a collection of words when the law does not materialize justice. When a law does not recognize justice, it is meaningless. Law formulation, therefore, is the process of harmonizing legal certainty and proportionality.
KONSEP DAN OPERASIONALISASI PEGADAIAN SYARIAH Norvadewi, Norvadewi
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.515

Abstract

In Islamic jurisprudence, the contract of pawn is called as rahn meaning to deposit something as security for a loan. Rahn initially was used to accomplish the transaction of loan by means of qard. In its development as practiced by Syariah Pawnbroker, another form of contract in rahn has been employed, i.e. mudharabah. When a costumer decided to use mudharabah in the rahn contract, the rahn functions to save up article deposited as for future use. The Syariah Pawnbroker then serves as investor, while the customer serves as businessman.
Analisis perbandingan revenueand profit sharing pada sistemmudharabah pada PT. BPRS Hijrah Rahmah Samarinda Purnamasari, Ike
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (373.717 KB) | DOI: 10.21093/mj.v13i1.87

Abstract

This research aims at comparingthe methods of profit sharing with revenue sharing insyari’ah financial principles. Syari'ah financial principles in this issue are mudharabah. The study was conducted at PT. BPRS Hijrah Rahmah, Samarinda. Besides comparing between profit sharing and revenew sharing, italso teststhe suitability of the fatwa of the Council of Indonesian Ulama (Majlis UlamaIndonesiaor MUI) No. 15/DSN-MUI/IX/2000 about principles of operationsin Islamic Financial Institutions. This study found that PT. BPRS Hijrah Rahmah uses revenue sharing more frequently than profit sharing. This is due to make it easier to calculate through revenue sharing rather than profit sharing.
PERLINDUNGAN TERHADAP INDIKASI GEOGRAFIS (PRODUK YANG DISTERTAI NAMA TEMPAT) DALAM RANGKA HUKUM NASIONAL DAN HUKUM INTERNASIONAL Anggraini, Nita
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (346.938 KB) | DOI: 10.21093/mj.v12i2.330

Abstract

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Whether a sign functions as a geographical indication is a matter of national law and consumer perception.Our Country rich of local products that consist the name of place. There are many example of goods which consist of the name of the place as like: Sarong Samarinda, Coto Makassar, Apel Malang, Dodol Garut etc. As a contracting party of World Trade Organization especially Trade Relate Intellectual Property Right, Indonesia hava regulation to protect the product,  UU No. 15 Tahun 2001 tentang Merek and PP No. 51 Tahun 2007 tentang Indikasi Geografis.
POLIGAMI DALAM PERSPEKTIF ASGHAR ALI ENGINEER DAN RELEVANSINYA DENGAN KONTEKS INDONESIA Haries, Akhmad
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.506

Abstract

Polygamy has become a polemic among Islamic jurists (fuqaha’) since the classical era of Islamic jurisprudence. The core polemic lies on the issue whether polygamy is permitted, prohibited or permitted with some requirements. This article is to analyze Ashgar Ali Engineer’s opinion on the legal status of polygamy. According to Ashgar, the al-Nisa chapter : 3 concerning about  polygamous permissibility must be construed in the light of the al-Nisa chapter : 1 which concerns of doing justice to orphans. This understanding then suggest, Asghar further argue, the permissibility of polygamy is contextual in Islam. Thus, it is possible that its implementation in Muslim country is strictly limited as long as the context where Muslims live required so.
Undemocratic Response Towards "Deviant" Judgement and Fatwa: Sunni-Shiite Conflict in Sampang, Madura, East Java Widyantoro, Hary
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (526.739 KB) | DOI: 10.21093/mj.v16i1.768

Abstract

AbstractThe study discusses how civic groups have judged other as "deviant" in the case of Sunni-Shiite conflict in Sampang, Madura, and how the state has responded to it.  The term “deviant” has been an important subject to study in Indonesia because it helps us to understand how certain communities other the others who are different in terms of religious understandings. This article argues that the state has undemocratically responded towards several groups’ judgment on Shiite in Sampang of being deviant; while Shiite community in Sampang are Indonesian citizen who are subject to the state protection. This situation is further exacerbated by the MUI recommendation to the state to stop Shiite community from practicing their rituals, as it clearly violates religious freedom and democracy. This study uses secondary data in the forms of the MUI fatwa, Tajul Muluk case documentation in Catatan Keberagamaan by Center for Religious and Cross-cultural Studies, and the conflict escalation narration by previous scholars. As a study focused on the dynamic of the conflict, this paper helps scholars, activists, and government critically comprehend the relation between the state and civic groups before and during conflict escalation. Further, it becomes critical analysis towards the implementation of democracy in Indonesia.Keywords: Sunni-Shiite conflict, deviant sects in Indonesia, fatwa, Democracy
Politics, Local Governments, and Sharia By-Laws in Indonesia: Revisiting A Common Assumption Muhtada, Dani
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1277.523 KB) | DOI: 10.21093/mj.v17i2.1347

Abstract

After the fall of Suharto regime, some local governments in Indonesia have adopted Shari’a by-laws. Several studies suggest that this adoption of Shari’a by-laws was influenced mostly by the political motives of the local elites. They used such by-laws as a strategy to gain political supports from Muslim voters. They also used the by-laws to facilitate bribery and electoral corruption using social and religious instruments and to distract people’s attention from ongoing corruption. Although it confirms the political motives behind the adoption of the Shari’a by-laws, this paper suggests that such political motives may not the only factors leading to the introduction of Shari’a by-laws. Based on the study of the political and religious backgrounds of the district heads, who were elected in the local elections between 2008 and 2013, in the six major provinces, this paper indicates that political motives do not play alone. The district heads’ religious backgrounds can be the other important factors contributing to the adoption of Shari’a by-laws by some local governments in Indonesia.Keywords: Shari’a by-laws, politics, local governments, Indonesia.
Penafsiran M. Hasbi Ash-Shiddieqi terhadap Ayat-Ayat Hukum dalam Tafsir An-Nur Ismatulloh, A.M.
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1208.294 KB) | DOI: 10.21093/mj.v13i2.388

Abstract

This study is intended to reveal the interpretation M. Hasbi Ash-Shiddieqi to verses of law. Verses of law examined in this study is the verse about the law cutting off hands, adultery and veil. The method used is descriptive analysis. The main reference source used as research material is Tafsir al-Majid al-Nour Qur'anul by M. Hasbi Ash-Shiddieqy. Research describes, interpretation Hasbi Ash-Shiddieqi using bi-ra'yi interpretation. The method used is the method that is detailed tahlili interpret verse by verse in accordance with the order of verses and Surah contained in the Manuscripts by discussing various aspects. In terms of style, Hasbi tend to use shades of interpretation bi al-Ma'sur. This can be proved by looking at the general characteristics of methods such as: interpreting the verse by verse, interpreting the verses of the Koran with tradition and interpret the verses of the Koran with sahabat or tabi'in opinion.

Page 7 of 17 | Total Record : 162

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