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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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KLASIFIKASI AYAT-AYAT HUKUM (DARI SEGI QATH`I DAN ZHANNI) Subhan, Subhan
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (306.55 KB) | DOI: 10.21093/mj.v12i2.325

Abstract

Qur’an from al-tsubut view is qath’i.  Qath’i disavowal will bring theologies consequencies.  However, from al-dalalah view, Qur’an verses are some qath’i and others zhanni.  Qath’i al-dalalah is a permanence that point to particular meaning that not contain possibility to be ta’wil or far away from original meaning and there is no space or opportunity to understand besides it.  At the same time zhanni al-dalalah is that still contain two or more probability.
DINAMIKA FIQH DI INDONESIA (Telaah Historis Lahirnya Fiqh Keindonesiaan) Kusdar, Kusdar
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.503

Abstract

The rise of Indonesian-Islamic jurisprudence proposal originates from the concerns that available Islamic jurisprudence has put to much emphasis on Arabian context so that it needs to be localized and contextualized. In general, there are two themes of Islamic law reformation in Indonesia: first, returning to the true message of Koran and Sunnah; second, Indonesiazing existing Islamic jurisprudence. The former is carried out by purifying Islamic rituals from non-Islamic elements, opening the gate of ijtihad, eliminating uncritical obedience to the school of law, allowing eclecticism through comparative study. The latter is conducted, among other things, by making customary law as a source of Islamic law in Indonesia.
Subject and Author Index Ahyar, Muzayyin
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.545 KB) | DOI: 10.21093/mj.v15i1.667

Abstract

الأوقاف الإسلامية أثرها ودورها في المجتمع الإسلامي Yamin, Muhammad
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (519.638 KB) | DOI: 10.21093/mj.v13i1.392

Abstract

Dalam sejarah Islam, waqaf tidak dipandang hanya untuk ibadah formal (mahdhah) saja, akan tetapi juga dipandang untuk ibadah sosial dan lainnya. Sehingga peran dan pengaruhnya sangatlah besar pada aspek sosial, pendidikan, ekonomi dan perilaku. Pendayagunaan dan misi dari waqaf yang sangat luas ini sangat penting untuk dipahami dalam rangka merubah paradigma tentang waqaf itu sendiri.
Unifikasi Hukum Perdata dalam Pluralitas Sistem Hukum Indonesia Noor, Muhammad
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1209.41 KB) | DOI: 10.21093/mj.v13i2.385

Abstract

Plurality in Indonesiasocial order is very dominant viewed from cultural, ideological and religious aspect. It is also influential in the order of Indonesian civil law system which still undeniably plurality. State of Indonesia as a state law seeks to do the development and formation and renewal in the legal system.
Perda Berbasis Syari’ah dan Hubungan Negara-Agama dalam Perspektif Pancasila Na'imah, Hayatun; Mardhiah, Bahjatul
Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (380.969 KB) | DOI: 10.21093/mj.v15i2.623

Abstract

Presidential Decree 1959 declared that the state of Indonesia back to the Constitution of 1945. The preamble of the 1945 Constitution turned out to comprise the formulation of article 1 of Pancasila which states the obligation of adherents of Islam to comply with Islamic law (a.k.a. the Jakarta Charter). Presidential Decree 1959 cannot nominally be used as the basis for the enactment of Shari'a in Indonesia as a whole. Even so, it has provided a place for the position of Shari'a in Indonesia, or at least been a foundation for the establishment of national legislation that is based on Shari'a. This article discusses the justifiability of Shari’a bylaws by means of the socio-historical value of the first principle of the Pancasila which is accommodative to Shari`a. It argues that Pancasila cannot only be viewed in terms of legal ideals containing philosophy as well as the idea of ideas and cultural values of a nation, but also the reflection of the moral values of Islam in all aspects of human life as a whole. Therefore, the existence of Sharia bylaws can be justified from the standpoint of the first principle of the Pancasila.
MENIMBUN BAHAN BAKAR MINYAK (BBM) DALAM PERSPEKTIF HUKUM ISLAM Mubarak, Agus
Mazahib VOLUME 11, ISSUE 1, JUNE 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.556 KB) | DOI: 10.21093/mj.v11i1.113

Abstract

There are two categories of hoarding fuel. One of them is ihtikaar and the other one is not ihtikaar. The hoarder of fuel that is included ihtikaar deserves punishment with certain conditions. The punishment is ta’ziir. While the executant that is not included ihtikaar has no problem. The hoarded fuel is seized by the state. However, the state does not deserve to possess it totally and automatically. The state is arbitrary and inequitable if it possesses the seized fuel totally.
PEMIKIRAN HUKUM ISLAM KHALED ABOU EL FADL Raisul, Raisul
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.181 KB) | DOI: 10.21093/mj.v14i2.343

Abstract

This paper discusses the thought of Khaled M. Abou El Fadl about Islamic law. There is an anxiety that is felt by Khaled when he noticed fatwas issued by some fatwas scholars or institutions that exist in the Islamic world. Fatwas are considered to be authoritarian and discriminatory, particularly against women. In addition, these fatwas seem to be rigid; they could not adjust to the demands of the times and conditions. The phenomena of authoritarianism emerged, according to Khaled, due to methodological errors in understanding the legal texts that exist in the Qur'an and Sunnah. Khaled, thus, offers hermeneutic method that consists of three things: text competence, determination of meaning and concept of representation in Islam. When these three elements are met in the determination of the law, Islamic law produced is expected to be authoritative, innovative and dynamic, not authoritarian, discriminative and passive.
JUAL BELI GHARAR (Tinjauan terhadap Proses dan Obyek Transaksi Jual Beli) Nur Zaroni, 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.v4i1.516

Abstract

Islam has urged its follower to seek sustenance through trading. As a matter of fact, the Prophet is a role model of a successful trader and so did many of the Prophet’s companion e.g. Abu Bakar, Umar Ibn Khattab, Utsman Ibn Affan, Abdurrahman Ibn Auf and so forth. When urging the trading, Islam has given guidelines of what is allowed and prohibited. One of them is the prohibition of gharar because it involves uncertainty (betting or gambling) in doing business. This article is to discuss the concept of gharar in Islamic business law. Accordingly, there are two types of gharar i.e. uncertainty in contract and uncertainty in object of contract.
MENEGUHKAN INKLUSIVISME AHL DZIMMAH DAN KAWIN BEDA AGAMA Mutamam, Hadi
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.777 KB) | DOI: 10.21093/mj.v10i1.104

Abstract

Fiqh constructed earlier scholars not only to future or after the jurisprudence is not codified but also to accommodate a growing tradition in the past. Usually refers only to the scholars of fiqh scholars earlier opinion or just take a verse and a tradition to serve as justification and legitimacy. Growing humanitarian problems and knowledge have made progress, the inevitable renewal of jurisprudence to be an alternative solution. Fiqh scholars see the importance of re-opening of classical fiqh is not critical in terms of overhaul, but in terms of jurisprudence update to address several problems that continue to evolve. Assessing the activity of jurisprudence sometimes get stuck in a puddle of fatalism that the discourse of jurisprudence which was originally an open and diverse in the region eventually entered politics and efforts to the struggle for authority.

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