Al-Mazaahib: Jurnal Perbandingan Hukum
Al-Mazaahib adalah jurnal pemikiran hukum milik Jurusan Perbandingan Mazhab dan Hukum, Fakultas Syari’ah dan Hukum UIN Sunan Kalijaga Yogyakarta. Al-Mazaahib merupakan jurnal yang berisi atau memuat karya-karya ilmiah yang terkait dengan pemikiran-pemikiran di bidang hukum, baik hukum umum (positif) maupun hukum Islam. Keberadaan Jurnal Al-Mazaahib ini tentu sangat penting dalam menggali, memperkaya, dan mengembangkan pemikiran dan teori-teori hukum. Dengan demikian, Jurnal Al-Mazaahib ini akan memberikan kontribusi positif dalam memperkaya khazanah pemikiran di bidang hukum, baik hukum Islam maupun hukum positif.
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<![CDATA[PENGELOLAAN BARANG TAMBANG DALAM HUKUM ISLAM DAN HUKUM POSITIF ]]>
<![CDATA[Siregar, Anwar Habibi]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1375
<![CDATA[Earth minerals are the most important source should get special attention by humans, considering how valuable goods in the the world. In Islamic view, forests and minerals that are unlimited and may not be spent is public property and managed by the state, the results should be given to the people in the form of cheap goods in the form of subsidies for the primary needs of society such as education, health and public facilities. State-who are entitled to handle exploring (including management) minerals and distribute the results to the people of a country, in accordance with Islamic teachings. But also it is possible for states to cooperate with certain circles in realizing production patterns justified and realize justice in the distribution of minerals. In the other side, Mining law stipulates that the government should provide manageability mining rights to the three entities (private enterprises, cooperatives and individuals), and / or all or part of the mining activities which of course after getting a mining license from the government.]]>
<![CDATA[TRANSBOUNDARY HAZE POLLUTION ACT 2014 DAN PROBLEMATIKA KEBAKARAN HUTAN DI INDONESIA ]]>
<![CDATA[Fitriani, Ifa Latifah]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1370
<![CDATA[Transboundary Haze Pollution Act 2014 is a law established by the Singapore to combat air pollution caused by forest fires in Indonesia that have continued to occur every year. Moreover, the substance of these rules could potentially enter the Indonesian jurisdiction. It is possible because there are extra-territorial arrangements, governing the imposition of criminal or civil liability for the perpetrators of the causes of air pollution in Singapore. the imposition of civil and criminal liability will be applied for every entity both inside and outside of Singapore who contributes to any haze pollution in Singapore. Therefore, this rule is questioned by Indonesia, according to the ASEAN Agreement on Transboundary Haze Pollution itself did not regulate the imposition of criminal-civil liability through the rigid application of the principle of extraterritoriality.]]>
<![CDATA[KONSEP KELUARGA MASLAHAH DALAM PANDANGAN NYAI MUDA PONDOK PESANTREN ALI MAKSUM KRAPYAK YOGYAKARTA ]]>
<![CDATA[Lailata, Afida]]>;
<![CDATA[Ibrahim, Malik]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1376
<![CDATA[Marriage is one of the Sunnah of the Messenger and the religious advice.Marriage in the Qur’an referred to as mitsaqan ghalizhan (grandagreement). However, today in most families, the marriage was impressedmerely as a means of getting descent and distribution of sexual libidoor impingement sheer lust. So the role of the family is considered notfunctioning as it should. Therefore, building a maslahah family is acentral element in Islam, because the family unit is the major joints ofsociety. According to the views of young Nyai from Boarding of KrapyakYogyakarta, in building maslahah family is not only a form of support inan effort to mature age of marriage, birth control or guidance of familysupport, but also efforts to improve the lives of the family concerned.There are two things to look for in this article, namely, first, about theconcept of maslahah family by young Nyai from Boarding of KrapyakYogyakarta. Secondly, the Islamic legal review of the concept of maslahahfamily in view of young Nyai from Boarding of Krapyak Yogyakarta.This paper is a research field with normative juridical approach. Whereis the primary source was obtained through interviews with three younghousekeeper at boarding school Krapyak Yogyakarta in 2013.]]>
<![CDATA[METODE IJTIHAD DALAM HUKUM ISLAM: Studi Pemikiran K.H. Ali Yafie dan H. M. Atho’ Mudzhar ]]>
<![CDATA[Amrullah, Muh. Jazuli]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1371
<![CDATA[The emergence of new ideas in the realm of thought and method of ijtihad that done by the jurists in through ijtihad is a necessity. In the midst of the problems of human life increasingly complex, the role of religious leaders in particular is very important in addressing any problems that occur. In this context appears K.H. Ali Yafie and HM Atho 'Mudzhar, which has its own characteristics and patterns of thought in the development of Islamic law. Conceptually K.H. Ali Yafie and Atho 'Mudzhar offers ideas and methods that Islamic law could dialectic with social reality and social unrest. KH Ali Yafie maintain the classic methods of the previous scholars who contextualize the social reality as fard kifayah and fard 'ain, Nask mansukh. While H.M. Atho 'Mudzhar in thought and method of ijtihad, see a product of Islamic law not only of social reality, but also as a product of social history, as well as the influence of socio-political and socio-cultural. Implications of methods and ideas K.H. Ali Yafie is open mindset and thinking among Muslims, so that critical thinking and rational discourse to grow and thrive, while the implications of the method and thought HM Atho 'Mudzhar, for a mujtahid can not deny the history and influence of socio-cultural and socio-politics that surrounded it.]]>
<![CDATA[HUKUM KELUARGA ISLAM DALAM MASYARAKAT MUSLIM DIASPORA DI BARAT (Perspektif Hukum Perdata Internasional) ]]>
<![CDATA[Wahyuni, Sri]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1372
<![CDATA[This article discusses about application of the Islamic Family Law for the migrant muslims who live in the western countries, such as America, England, Germany and France. This discussion is analyzed in International Private Law theories of Personal Status. Each country will have different application because of the difference of principle in the International Private Law about Personal Status. The Islamic family law is not legally applied for migrant muslims in America and England courts because both are countries which apply common law system. They use the domicile principle in the case of personal status in the International Private Law discourse. Therefore, the muslims migrant society apply the Islamic family law culturally in their community, through an Imam or mufti as their leader and consultant. This application is not legal according to the states law. In the European continent countries which use the civil law system, such as in Germany and France, the Islamic Family law is applied for the migrant muslims society, if it’s compatible to the public order. The court may apply the Islamic family law for the migrant muslims, because both are countries which use the nationality principle for the case of personal status in the International Private Law discourse.]]>
<![CDATA[TANGGUNG JAWAB PIDANA DOKTER DALAM KESALAHAN MEDIS (Analisis Hukum Putusan Kasasi Nomor 365 K/Pid/2012) ]]>
<![CDATA[Buamona, Hasrul]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1367
<![CDATA[As with the case of dr.Dewa Ayu Sasiary Parwani et al suspected medical errors in medical action that causes the death of the patient has not been proven medical errors of aspects of medical disciplines that led to big problems due to the lack of evidence that proves the physician acts as a medical error. This research aims to find out how to determine if the criteria for a medical doctor suspected medical negligence, and whether the decision of the Supreme Court No. 365 K/Pid/2012 in accordance with the criminal liability of doctors in medical errors). (To determine the criteria for medical errors must first be proven by means of medical audit by the medical committee as stipulated in PERMENKES No. 755 of 2011 on the Implementation of the Medical Committee at the Hospital. Due to request criminal liability as a doctor in the decision of the Supreme Court 365K/Pid/2012 number, then the doctors who allegedly committed medical errors it should first be proven medical errors through medical audits conducted by the Medical Committee. If convicted of medical errors, the results of the audit can be used as a basis for law enforcement to determine fault in criminal law that a criminal can be held accountable]]>
<![CDATA[FASILITAS GEDUNG BAGI MASYARAKAT BERKEBUTUHAN KHUSUS (DISSABILITAS) MENURUT UU No. 28 TAHUN 2002 TENTANG BANGUNAN GEDUNG ]]>
<![CDATA[Rohani, Siti]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1373
<![CDATA[This paper discusses the existing building facilities in the city of Pontianak both office buildings and public buildings. Under Law No. 28 of 2002 on Building provide legal protection for people with special needs (disabilities). In this Act gives liability for building owners to provide support facilities for the people of Disability in activities in the building which was to come. Facilities that can be provided by the building owner from providing a way for wheelchair users, special toilets, a special lift and others. Occurred despite the fact that the Act has required the building owner to build the facilities needed by persons with disabilities, but not all building owners meet what was required in the law. ]]>
<![CDATA[ANALISIS KEBIJAKAN PEMBANGUNAN HUKUM NASIONAL BERDASARKAN UU NO. 25 TAHUN 2004 TENTANG SISTEM PERENCANAAN PEMBANGUNAN NASIONAL ]]>
<![CDATA[Halim, Abd.]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1368
<![CDATA[This article explains the fundamental differences of national law development based on Act No. 25/2004 about National Development Planning System.In the period before the birth of Act No. 25 /2004, political interests at that time mistakenly putting the function of law as a tool of social engineering. Law simply used as legitimacy by policy makers, the emphasis tends to the law development in both the normative and empirical level and placement by per field and sector in Guidelines of State Policy, whereas in Act No. 25 2004, law development more oriented towards regulative framework (normative) and the placement does not sectorally / per field.]]>
<![CDATA[PENETAPAN PIDANA MATI DALAM PERPEKTIF HUKUM ISLAM DAN INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) ]]>
<![CDATA[Rifa'i, Muhammad]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1374
<![CDATA[The death penalty is a polemic in the discourse of law and human rights in today's modern world. This is because there is a presumption that the death penalty was considered inhuman punishment. Therefore, the United Nations International Covenant megeluarkan on Civil and Political Rights (ICCPR) as a global treaty that restricts the execution of the country that still has the death penalty. It was considered a solution to keep kelansungan human life includes the right to life, freedom, and human beings have the right to determine his life. View as it affected the Islamic law that still impose the death penalty is deemed to violate human rights. Therefore, the author tries to find common ground between the ICCPR and the fundamental Islamic law. ICCPR and Islamic law possessed the same goal is to maintain public order, protect the whole of society and the state, and yet both of these elements possessed a different approach.]]>
<![CDATA[REFORMASI AL-QUR’AN DALAM HUKUM PERCERAIAN: Kajian Antropologi Hukum Islam ]]>
<![CDATA[Sodiqin, Ali]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 2 No. 2 (2014): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v2i2.1369
<![CDATA[Islamic law, including divorce law, has a dialectical relationship withthe traditions of Arab society as its first recipient. Therefore, explainingIslamic law must consider the historical and anthropological situationArab’s community in 7th century AD. The social structure, politics,and economics of Arab society at that time had a strong influence for theenforcement of Islamic law. Anthropologically, the differences of the rightsand obligations between husband and wife in the law of divorce wasinseparable from the dynamics of a growing cultural community. Islamiclaw governs the conduct of divorce as it adjusts to the social conditionsof Arab society at the time. So the divorce legal texts in the Quran mustbe explained by the socio-cultural context of the recipient. When thesocio-cultural is change, change of the law of divorce is permissible. Thesubstance of the law of divorce in Islam is to place the divorced parties(husband and wife) to be equal, ie, have the same rights and obligations.The difference in the rights and obligations of husband and wife foundin texts of Islamic law due to the efforts of adoption, adaptation, andintegration of the revelation of the Qur’an with the traditions of Arabsociety. In the context of socio-cultural system now, can be a mediumfor constructing the divorce laws in Islamic law towards social justice.]]>
