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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.

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Articles 162 Documents

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BAGIAN AYAH DAN SAUDARA DALAM KEWARISAN ISLAM DI INDONESIA (Perspektif Fiqh, KHI dan Prakteknya di PA dan Masyarakat) Haika, Ratu
Mazahib VOLUME 10, ISSUE 2, DECEMBER 2012
Publisher : IAIN Samarinda

After the Compilation of Islamic Law, it appears that not only applied Shafi opinion, but wider use other teachings, known as the "replacement heir" and "testament wajibah" that the Sunni doctrine does not exist. Renewal in Islamic inheritance law can be seen also in some other rules. Rules of the father and mother when the heir did not leave a child (which is commonly known in terms gharawain fiqh), the siblings and relatives of the mother when the heir to the state to lose (in terms of fiqh, commonly known by the term Musharaka) and the brothers when with children female. Rules that have made this seem confusing and lead to different interpretations, and caused debate among the 'ulama as well as law enforcement in Indonesia.

Pilkada Langsung Dan Pilkada Tidak Langsung Dalam Perspektif Fikih Siyasah Nugraha, Alfajar; Mulyandari, Atika
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Direct and Indirect Regional Head Election (Pilkada), has been a long debate in the life of a democratic society in Indonesia. With Islam as a religious social background of the majority of the people of Indonesia, this makes the debate cannot be separated from the Islamic jurisprudence (fiqh). This paper is to compare the two electoral systems in light of Islamic constitutionalism (fiqh syasah). This study uses the theory of maqasid sharia of the maslaha as a tool to analyze the comparison of the two electoral systems. The findings of this study suggest that there are some positive things on one side, and some negative things on the other side on each system of direct election and indirect election. Taking into account the benefit of both the local election systems, the study concluded that direct election has more benefits that outweigh the indirect election. Some of the public benefits include: the strengthening of the people's sovereignty and avoid injustice in society at large as part of the learning aspects of politics and government. Second, it will build a litigious society and law enforcement officers who act decisively and are nonpartisan, which in turn creates a reverent attitude of the people towards the leader. In the field of socio-economic, public and private investorsâ€™ confidence in the system and the results of the election will increase due to the political stability that is essential for the economy.Keywords: Regional head election in Indonesia, direct election, indirect election, fiqh siyasah in Islam

Islamic Law and Copyright In Academic World: The Dynamic Debates between Privatization and Distribution of Knowledge Darmawati, Darmawati
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : IAIN Samarinda

The article explores copyright problem dynamic in a globalized academic world, especially in the Muslim worlds. The discussed issue in this paper is a conflict of interest between knowledge privatization and distribution, and its relation to the Islamic norms. This paper argues that the main problem of the concept is that the discourse is dominated by the idea of knowledge privatization by the publishers as capitalists, supported by the Government through the policy represented in Copyright law. This study finds that there are several movements emerged in response to the development of copyright law. At least, there are two stream movements; anti copyright movement and movement which demand copyright reform. By presenting examples of copyright resistance movements in the academic world such as Sci-Hub, Libgen, A2K movement, and some copyright experiences in the Muslim world, this article will be guided by Foucauldian genealogical discourse theory. This article confirms that the interests of publishers and academic interests are two things that are difficult to discuss in order to achieve a win win solution. While copyright laws favor the ruling interests of things, it does not fully effective in handling the legal cases on academic and non-profit matters. Besides, Islamic law has its own ambivalence to the copyright case. On the one hand, Islam advocates the widespread dissemination of knowledge, but on the other hand the Muslim worlds have to limit the spread of the sciences in accordance with the interests of intellectual property rights.Keywords: Intellectual Property right, Islam and copyright, privatization of knowledge.

WAKAF BERBASIS MASJID UNTUK MENGURANGI ANGKA KEMISKINAN Harul, Romansyah
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

An Indonesian State ironic thing is rich with its natural resources on the one hand, but on the other side to reach 29 million more people living in poverty, and the majority are Muslims. On the other hand Muslims have economic resource potential to alleviate poverty is waqf. However, due to the narrow understanding of the waqf and fanatics cling to one school of opinion priests, and weakness Nazhir endowments should be responsible for the existence, eternity and utilization, it functions more endowments for religious purposes mahdhah, while socio-economic functions that can improve economy people are not excavated. With the birth UU/41/2004 about endowments, especially cash waqf or waqf cash that may have been set by the MUI dated May 11, 2002, where the cash waqf has the flexibility of its use, is expected waqf property can be managed professionally, with modern management, transparent and accountable . And by making the mosque as basic management, it would be able to prosper materially worshipers surrounding mentally and spiritually, and to help the Government to reduce poverty in the country of Indonesia.

KEDUDUKAN AS-SUNNAH DAN TANTANGANNYA DALAM HAL AKTUALISASI HUKUM ISLAM Hairillah, Hairillah
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

Sunnah of the Prophet Muhammad that had been understood by the majority of Muslims as role models; in the form of words, deeds / actions and the approval of the actions of others by the Prophet must always be understood in a dynamic and lively way. When Sunnah is understood as an ijtihad of the Prophet Muhammad in interpreting and applying the revelation / word of Allah in religious life and society, then following the sunnah of the Prophet became a major force in encouraging the creation of dynamic progress, inspiration and innovation. But if the sunnah of the Prophet is understood and translated literally, the sunnah of the Prophet are stuck in the classic texts which binds progressive mindset of Muslims. Therefore, on the conditions and the present situation, the Sunnah of the Prophet can no longer be understood and applied textually (classic) and deemed to be immutable, but it must be understood and applied contextually following the appropriate methodology and its subject matters. This is a necessity, because the Sunnah status is different from the Koran. Thus, the Sunnah is always open to be developed, equipped and even modified, so its application is easy and doable.Â

Qiyas Sebagai Salah Satu Metode IstinbÄá¹ Al-á¸¤ukm Fuad, Ahmad Masfuful
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

One of the methods of deriving Islamic law which is widely known in the study of usul fiqh is qiyas. Qiyas is very popular among the scholars of Shafiâ€™i. In simple terms, qiyas can be interpreted as an attempt to equate the law of a case that does not have a legal naá¹£á¹£ to the case that already has a legal naá¹£á¹£, because of the equation of 'illat. This article try to study qiyas as one method in istinbÄá¹ al-á¸¥ukm by describing several aspects including the elements, requirements and steps that must be passed by a mujtahid who want to derive Islamic law through qiyas method.

Musykilah al-Iâ€™tidÄ ala al-MahÄrim fÄ« Malaysia: TahqÄ«qu Ahammiyati QÄ«mah al-Istiâ€™dzÄn fi al-IslÄm wa JawÄnibuhÄ al-Tarbawiyyah Binti Ali, Nurul Badriyah; Elatrash, Radwan Jamal
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : IAIN Samarinda

The problem of incest, including its incidence among Muslim societies, is one of the major legal cases faced by lawyers in Malaysia. Incest cases are often hidden because they are considered a disgrace of the family and society that cannot be forgiven. As a result, justice for the victims is difficult to enforce, and the case continues to occur because the law is considered not able to ensnare the perpetrators (deterrence effect). One researcher found that among the causes of incest is the ignorance of Islamic law in everyday life, especially in applying the values of "isti'dzÄn" (asking for permission). The concept of "isti'dzÄn can keep the soul and human behavior from falling into social problems. This is because the private territory (space and time) of family members, who live in the same house, including their modesty in dressed in the house, has been regulated by Shari`a in such a way. This paper is an analysis of the legal philosophy of the concept of "isti'dzÄn" in relation to the incidence of sexual intercourse, and the possibility of its application among Malaysian Muslim society. This paper concludes that applying the concept of asking permission to enter the private territory of family members living in the home is important to maintain the honor of each family member. This is very likely applied in Malaysian Muslim society through religious education on "isti'dzan" in schools or places of worship. With "isti'dzan" and keeping the modesty at home, it is expected that incidents of sexual intercourse can be prevented.Keywords: Islamic permission value, Islamic educational aspect,incest problem

MENIMBANG PEMIKIRAN EKONOMI TAQYUDIN AL-NABHANI DENGAN KONSEP MAQASID AL-SHARI'AH Darmawati, Darmawati
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

al-Nabhani's economic thinking is built on an understanding of the texts of al-Qura'an and textual traditions and the exclusion of readings based on the maqasid shariah. Waiver maqasid shariah is evident in a variety of political opinion in which he developed the State economy. This resulted in the economic concept of the State which he developed bersifar rigid, less flexible accept new things that are useful and more serious benefits. School of thought that al-Nabhani by Yusuf al-Qaradawi called Dhahiriyah contemporary group. This is evident in the reading of al-Nabhani in the verses about the economic problems of the above, for example, thought about compulsory charity that only property is adjacent to the specified text of the Qur'an and the Hadith. Including thoughts on the idea that the authors did not describe above. Literalist readings without maqasid shariah perspective this is very dangerous and detrimental to Islam and the propagation of Islam itself. This understanding is damaging the image of Islam among contemporary scholars, among non-Muslims and even among ordinary Muslims themselves.

PENERAPAN PRINSIP-PRINSIP HUKUM PERIKATAN DALAM PEMBUATAN KONTRAK Noor, Muhammad
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : IAIN Samarinda

Parties involved in making a contract should understand and be aware of conditions negotiated during the contract making. This is instrumental in order to anticipate disputes that may arise from such contract. When there are disputes in the future, thus, a party may seek remedies of his/her rights that have been injured by another party. This article discusses principles of contract law in Indonesia and its application in the contract making.

ABU HAMID MUHAMMAD AL-GHAZALI DAN METODE IJTIHADNYA DALAM AL-MUSTASHFA Mutamam, Hadi
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.511

Al-Ghazali (1058 H/1111 M) is one of the prominent Islamic scholars who lived during the golden age. Due to his great contribution, al-Ghazaliâ€™s thoughts have been studied for centuries and deemed to be an important Islamic legacy. Al-Ghazaliâ€™s eminence in Islamic history can be seen from the title given to him, i.e. hujjatul Islam (the great defender of Islam) and the classical status of his work â€˜al-Mustasyfaâ€™, a book of Islamic juriprudence theory. He based his thought on three major Islamic sources: al-Qurâ€™an, the Sunnah, and sound mind. This then have been employed in his discussion on the argumentation of ijmaâ€™.

Page 8 of 17 | Total Record : 162

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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