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Mu'tashim Billah
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Universitas Islam Negeri Sunan Kalijaga, Jln. Marsda Adisucipto, Yogyakarta, Indonesia. Kode Pos 55281
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Al-Mazaahib: Jurnal Perbandingan Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 23027355     EISSN : 28091019     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 4 No. 1 (2016): Al-Mazaahib" : 5 Documents clear
Waris Beda Agama Dalam Perspektif Hukum Islam: Studi Komparasi Pemikiran Wahbah Az-Zuhali dan Yusuf Al-Qaradawi Musadat, Ahmad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 4 No. 1 (2016): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v4i1.2845

Abstract

Although the legal provisions on inheritance from different religions in Islam have actually been rolled out for a long time. There is no clear spot regarding the inheritance of different religions at this time. Evidence that there are still differences of opinion regarding the issue of inheritance from different religions here, namely between Wahbah az-Zuhaili and Yusuf al-Qaradawi. Wahbah az-Zuhaili prohibits inheritance from different religions, but Yusuf al-Qaradawi with his minority fiqh rejects the absolute prohibition of inheritance, but only prohibits harbi infidels. The type of this research is Library Research. This research is descriptive, analytic, comparative The approach used by the authors is the uṣul al-fiqh approach by using muṭlaq and muqayyad theories. The approaches and theories above are to find out the differences in thoughts and backgrounds that cause these two figures to be different. In this difference, Wahbah az-Zuhaili absolutely rejects the inheritance of different religions because of his understanding of the hadith of the Prophet. Because Wahbah az-Zuhaili views this hadith of the prophet as absolute, so the meaning of the word infidel in the hadith is interpreted comprehensively for all infidels without exception. absolute. Because according to him the hadith of the Prophet still has a broad meaning. The theory which is considered as a muqayyad theory of hadith interpretation here causes the word infidel in that hadith to be interpreted as the takwil of followers of the Hanafi school of thought. The interpretation here specifies the word infidel from the word infidel to infidel harbi only. Yusuf al-Qaradawi's theory is relevant in Indonesia because Indonesia itself recognizes religions other than Islam itself.
Sabda Raja Sultan Hamengku Buwono X Menurut Aktivis PWNU Yogyakarta Dan Aktivis PWM Yogyakarta: Studi Analisis Terhadap Penghapusan Gelar Khalifatullah Atiq, Diana Sitatul
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 4 No. 1 (2016): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v4i1.2844

Abstract

The Sultanate of Yogyakarta is the legal heir to the Islamic Mataram kingdom with a royal government system that still exists today. In the system of royal government, a Sultan (king) has the highest absolute authority, both in the form of prohibitions and orders. This research is a field research using the interview method with Nahdlatul Ulama activists (PWNU Yogyakarta) and Muhammadiyah activists (PWM Yogyakarta). This research is descriptive analytic in nature, namely an attempt to describe and collect data related to the removal of the title Khalifatullah, then an analysis of the data is carried out based on existing theories in Islamic law. The results showed that Nahdlatul Ulama activists refused to abolish the Khalifatullah title on the grounds that the Khalifatullah title contains al-'urf, and the Khalifatullah title has become a legitimacy and recognition that the line of power in the Palace is based on male offspring. Whereas Muhammadiyah activists refused to abolish the title on the grounds that they were in the leadership of the Keraton, the tradition of changing power was to adhere to a patriarchal system, and the title Khalifatullah was an affirmation that men were the ones who had the right to inherit the leadership of the Keraton. According to the author's analysis, Nahdlatul Ulama activists use the Ijtihad Jamâ'i method, namely in extracting and making decisions related to their rejection of the abolition of the Khalifatullah title by practicing qawa'id ushuliyyâh and qawa'id fiqhiyyâh and through deliberations and in-depth discussions by gathering people who understand the the problems, namely the clergy, government experts and the royal family of the palace. Whereas Muhammadiyah activists use the Al-Ijtihâd al-Istislahi method, which is more based on the illat or benefits obtained.
Perlindungan Hukum Terhadap Tenaga Kerja Indonesia di Saudi Arabia Perspektif Hukum Indonesia dan Saudi Arabia Badruzzaman, Badruzzaman
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 4 No. 1 (2016): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v4i1.2846

Abstract

In Indonesia, labor is one of the drivers of economic life and is a resource that is quite abundant. Economic conditions that are less attractive in their own country and incomes that are quite large and appear more attractive in destination countries have become triggers for international labor mobility. And the destination of most Indonesian workers is Saudi Arabia. As a developed country and a recipient of workers from Indonesia, it is not necessarily supported by progress in legal protection for migrant workers working in Saudi Arabia. Even though in the end Saudi Arabia was represented by the Ministry of Manpower and had issued Labor Laws and Regulations. This article is a library research approach that is used is normative-juridical. The authors compare the concept of legal protection for migrant workers in Saudi Arabia according to Indonesian Law and Saudi Arabian Law. Based on the results of the research that has been done, it can be concluded that Law Number 13 of 2003 concerning Manpower and Law Number 39 of 2004 concerning the Placement and Protection of Overseas Workers, as well as the King's Decree No. (A/91) Basic Law of Governance and in the Labor Law issued by the Ministry of Manpower of Saudi Arabia No. M/51. It is a form of guarantee that the Government of Indonesia and the Government of Saudi Arabia provide legal protection for Indonesian Migrant Workers working in Saudi Arabia. The similarities in the concept of legal protection for migrant workers between the governments of Indonesia and Saudi Arabia are both clearly stated in the laws and regulations of the two countries. The difference from the concept of legal protection for migrant workers lies in the handling process/field. In addition to the different legal basis, it is also difficult for Indonesian migrant workers to obtain definite legal protection for each case they experience. Saudi Arabia uses Islamic law or Sharia law as the legal basis so that the rules are set differently, so that the handling of the legal protection process for migrant workers is still weak.
Kedudukan Hakim Perempuan Perspektif Abu Hanifah dan Ibn Hazm Syahfaruddin, Puthut
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 4 No. 1 (2016): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v4i1.2855

Abstract

Judge is one of the important professions because it is one of the highest positions in Islam. This position is higher than that of the mufti because the judge's job is not just to pronounce the law but also to impose a sentence that results from the legal decision that must be implemented and obeyed. The purpose of this study is to explain, analyze, and evaluate the conditions and factors behind the differences of opinion between Imams Abu Hanifah and Ibn Hazm regarding the position of women serving as judges and to explain the legal istinbath used by the priests of that school. According to the type of research, this research is categorized as qualitative research (literary). The nature of the research used is descriptive-analysis-comparative, using a socio-historical approach and inductive thinking methods, so this research is expected to produce several useful scientific studies. The results of the author's analysis are the factors behind the difference of opinion between Imam Abu Hanifah and Ibn Hazm and differences in interpreting and understanding the texts. The similarities of opinion between the two regarding the position of female judges are that it is permissible for a woman to serve as a judge, and both of them do not make men an absolute requirement to become judges. Meanwhile, the difference of opinion between them is whether Imam Abu Hanifah limited the authority of female judges to civil matters, in contrast to Ibn Hazm, who allowed women to serve as judges.
Pertanggungjawaban Pidana Anak di Bawah Umur dalam Kasus Pencurian (Perbandingan Hukum Islam dan Hukum Positif) Mafakhir, Muhammad Nafidlul
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 4 No. 1 (2016): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v4i1.2849

Abstract

The issue of the responsibility of minors and their criminal sanctions is an interesting topic to discuss, considering that there is a lack of uniformity in both positive law and Islamic criminal law. The mindset of many law enforcement officials is currently centered on the understanding that all criminal cases must still be included in the realm of punishment (directly processed through litigation), even though these cases are crimes with relatively small losses or minor crimes. This is legal in the theory of positivism, provided that the act is clearly accommodated in the law (the principle of legality is met). However, not infrequently this process actually hurts the sense of justice in society. This article is a literature research with a descriptive analysis research method. Furthermore, the existing data is described and analyzed carefully in order to find the right conclusions. The results of this study are based on the positive law of the Child in view of Law no. 3 of 1997 concerning Juvenile Court is a person who has not been able to take responsibility for his actions, whether it is a criminal act or an act prohibited by the regulations in force in society. Children who are underage are considered as people who are unable to know the consequences of their actions because their thinking development has not yet reached the level of adults. So that children who can be punished are children whose age limit has been determined in the law. Meanwhile, according to Islamic law, if the perpetrator of the theft is a child or a madman, he cannot be sentenced to hadd cutting off his hands, based on hadith. Because cutting hands is a form of punishment, while punishment is carried out because of a crime. Meanwhile, the actions of a child who is a madman are not called a crime.

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