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[KESENJANGAN KETENTUAN PERNIKAHAN DI BAWAH UMUR ANTARA FIKIH MUNAKAHAT DAN UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN ]]>
<![CDATA[Halim, Abd.]]>;
<![CDATA[Hamsin, Muhammad Khaeruddin]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1391
<![CDATA[Since the Dutch Government has divided the Dutch East Indies into three groups, namely the European and the ecquivalent to European, the Indigenous and the Far Eastern groups, since then the Civil Law applies to different classes. In the field of marriage, for example, each group has its own marital law. So the law of marriage prevailing in society is pluralistic. As a result, the gap between the legal system can not be avoided. The Marriage Act was born as an attempt to minimize the legal gap, but in reality, even though it has been in force for about three decades of legal gap in the field of marriage, there are still many of them being minors. This paper aims to explain why there is still a gap between the provisions of the underage marriage in Fikih Munakahat and the UUP and offer resolution resolution using LM's legal system theory. Friedman, an alternative policy introduced by Soetandyo Wignjosoebroto and the law of harmonization introduced by L.M. Gandhi.]]>
<![CDATA[PERLINDUNGAN KONSUMEN MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DAN HUKUM ISLAM ]]>
<![CDATA[Rindani, Liantika Rizky]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1397
<![CDATA[Consumers are often aggrieved parties in various fields, whether in health care, economic transactions, transportation services, as well as freight forwarding services. To minimize this, pemeritah has issued a law guaranteeing the rights of consumers, namely Law No. 8 of 1999 on Consumer Protection. With the existence of this law then any aggrieved consumers are given the right to claim damages to the party that had led to the losses. However, in practice, not all agencies providing services to consumers have applied this law to the fullest. In this context, PT Pos Indonesia (Persero) Merjosari Malang is one example. Here, PT Pos Indonesia Merjosari Malang has indeed enacted and applied this law; In the sense that the postal party has assigned its responsibility to the consumer by providing compensation for the loss suffered by the consumer. However, the accountability of the post to the consumer looks not maximized, because there are still consumers who can not claim losses suffered. Thus the responsibilities made by the postal entities do not fully comply with the laws of consumer protection as well as Islamic law]]>
<![CDATA[KONSEP KELUARGA MAṢLAḤAH PERSPEKTIF LEMBAGA KEMASLAHATAN KELUARGA NAHDLATUL ULAMA (LKK NU) ]]>
<![CDATA[Salim, Mujibburrahman]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1392
<![CDATA[The family is the main foundation in building a strong and integrity Muslim society. In addition, the family is the smallest part of society that determines the progress or decline of a society, therefore it takes the concept of a strong family and in accordance with the circumstances of a plural society and a tolerant society. One of the family concepts that encompasses all these things is the concept of the maṣlaḥah family. The concept of the maṣlaḥah family according to the Nahdlatul Ulama Family Relief Society of Yogyakarta Special Region is a happy family whose basic needs are fulfilled and can also play an important role in society. Elements The formation of the maṣlaḥah family is maṣāliḥ usroh and maṣāliḥ 'āmmah. Utah usrah is achieved if it meets the elements of: the husband and wife are salih, good children, good association, and rizki enough. The mood of the Ammah in the family includes the fulfillment of all aspects of dharuriyat's maslahah, namely: the protection of religion, the protection of the soul, the protection of reason, the protection of the family, and the protection of property. If all these needs are fulfilled in the family, then create a family maslahah. Therefore, the fulfillment of all aspects above become the main priority in the formation of the maslahah family.]]>
<![CDATA[TRADISI PERANG BANGKAT PADA MASYARAKAT SUKU OSING BANYUWANGI: PERSPEKTIF HUKUM ISLAM ]]>
<![CDATA[Sugiyanto, Muhammad Nur Kharis]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1393
<![CDATA[This paper examines the implementation of the marriage tradition of Perang Bangkat in Kemiren Banyuwangi, East Java, from the perspective of Islamic law. This tradition has sparked debate among Muslims. Some of them consider that the tradition of war has deviated from the teachings of Islam, while others think that it was not against the teachings of Islam. This paper explains that the tradition is a marriage ritual between a pair of brides with the status of a sonship (youngest) married to a fellow surname, the firstborn with the firstborn and the youngest child with the firstborn in each family. The hope of his household life will be happy. Implementation of this ritual was carried out before the marriage ceremony took place and was done at the time of afternoon, when the sun began to sink, around the time of maghrib arrived. This paper further confirms that this tradition is permissible in Islam because it includes community customs that are not contrary to the rules of Islamic law (al-'urf as-sahih). Thus, the law to perform the ritual tradition is allowed as long as it does not harm one party and there is no element that contradicts to the Islamic law]]>
<![CDATA[HAK ASASI MANUSIA DALAM PEMIKIRAN YUSUF QARADHAWI ]]>
<![CDATA[Faizin, Mu’adil]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1388
<![CDATA[The development of defining fairness gets Human Rights (HAM) idea. But, according to Human Rights, Islamic Law has discriminating dos for religious people. Finally, getting the theory, Islamic Law can’t be accept to Human Rights. Otherwise, Yusuf Qaradhawi gets the theory that Islam Law has Maqashid Syariah as well as values of Human Rigths. Consequently, the researcher discusses Human Rights Of The Yusuf Qaradhawi Prespective. The research is library research which uses the analysis method to content analysis. The research discovers that Yusuf Qaradhawi divides his idea about Human Rights as three themes; the first, affirming honour of people; the second, affirming Human Rights; the third, struggling weak human rights. The base of his idea is the theorem of the Koran that uses a context approach, further effect of the moderate thinking, and on purpose for solving people condition, nowadays.]]>
<![CDATA[KEADILAN PEMBAGIAN HARTA WARISAN PERSPEKTIF HUKUM ISLAM DAN BURGERLIJK WETBOEK ]]>
<![CDATA[Al-Mabruri, M. Nasikhul Umam]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1394
<![CDATA[The question of the distribution of heritage property from parents to their children, or from people who have died to the parties entitled to them is a complicated problem and often cause problems for many family members. Generally, the problems arising from the practice of inheritance share are because each party feels it does not get the inheritance as it should be (unfair). This paper examines the concept of justice in the distribution of inheritance under Islamic law and Burgerlijk Wetboek (BW). This paper has provided valuable information on the understanding and concept of justice existing in Islamic law and also in BW, in which the different concept of justice has given rise to different provisions in terms of inheritance division. In the Islamic heirs law, the concept of justice is based on the principle of equitable justice, while the concept of justice contained in Burgerlijk Wetboek is built on Western philosophies and ideas, especially the justice Aristotle made about the equality of rights between individuals. Therefore, the rights of the heirs are equal to the rights of the daughter's heirs. The difference in fairness in the distribution of inheritance is due to differences in the perspectives of justice and the legal basis of the two heirs. Islam considers that the obligation to provide family support is the responsibility of men so that it is appropriate if men doubled the share of women's heritage. Meanwhile, in the Western thinking that forms the BW heir system does not determine and imposes obligations to provide a family income only to men or women, so BW's heirs provide a share of inheritance equally between men and women.]]>
<![CDATA[KHIMAR DAN HUKUM MEMAKAINYA DALAM PEMIKIRAN M. QURAISH SHIHAB DAN BUYA HAMKA ]]>
<![CDATA[Rizki, Wahyu Fahrul]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1389
<![CDATA[This paper is motivated by the opinion M. Quraish Shihab in his Tafsir Al-Misbah who do not require a Muslim woman wearing Khimar, this opinion is getting a variety of conflicting reactions among the interpreters of Indonesia, one of which is Buya HAMKA. What needs to be answered in this research is how the views of Buya HAMKA and M. Quraish Shihab about the meaning of Khimar? How did the views of Buya HAMKA and M. Quraish Shihab regarding the law of using Khimar? And how are the methods used by Buya HAMKA and M. Quraish Shihab in establishing the law using Khimar?Tafsir Ahkam Method with a comparative study between the two opinions of the character in this study implies that both interpreters have similarities and differences associated with the Khimar. Their equation is in defining the meaning of the word Khimar, ie the headgear, although both give the same definition of Khimar. While the difference between the two is in concluding the law of using Khimar. Buya HAMKA said that a Muslim woman must wear Khimar, while M. Quraish Shihab said that a Muslim woman is not obliged to wear Khimar. The method used by Buya HAMKA in establishing the law using Khimar is the Tafsir Riwayah and Dirayah method. While M. Quraish Shihab using the method of tafsir maudhu'i (thematic).]]>
<![CDATA[KEWARISAN ANAK LUAR KAWIN (STUDI ATAS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010) ]]>
<![CDATA[Lubis, Ihsan Helmi]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1395
<![CDATA[The issue of Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the status of children outside of marriage has a great influence on the laws and regulations in Indonesia, especially the Marriage Law. The substance of this Constitutional Court ruling changed the category of legitimate children as understood by applicable law as well as Islamic law. An outsider who has been considered an illegitimate child, based on the decision of the Constitutional Court is categorized as a legitimate child, thus having a civic relationship with his biological father. This article explains the implications of the decision of the Constitutional Court's Decision, especially in relation to the civil rights of its inheritance. The focus of the discussion on two things, namely how the inheritance of children outside of marriage and how the view of Islamic law on his inheritance. The results of this study reveal two things. First, after the Decision of the Constitutional Court Number 46/PUU-VIII /2010, an outsider or child born of sirri marriage or not being registered shall be entitled to inheritance, if it has been justified by the Court. Between father and son have a blood relationship and the child is classified as a legitimate child. Second, the inheritance of children outside marriage or who are born of sirri marriage or not registered can only be done through a will. This is because the child can only be attributed to his mother and is not counted as the heir of his father.]]>
<![CDATA[METODE PENENTUAN AWAL BULAN RAMADAN, SYAWAL, DAN ZULHIJJAH MENURUT DEWAN DAKWAH ISLAMIYAH INDONESIA ]]>
<![CDATA[Abshor, Muhammad Ulil]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1390
<![CDATA[Dewan Dakwah Islamiyah Indonesia (DDII) when setting the start of Ramadan and Syawal they follow the Indonesian government method (imkanur rukyah) with matla 'Indonesia (wilayatul hukmi, parts of Indonesia as a jurisdiction), but when the month of Idul Adha following the government's decision of Saudi Arabia. The reason, Eid al-Adha is closely related to the standing events so that decisions regarding the events wukuf the government authorities Saudi Arabia. Rukyah sect DDII is Mecca referring Rukyah official letter signed by the Secretary General of the Muslim World League Syeikh Muhammad Shalih Islami Qazzaz Number: 1/6/5/45 dated July 25th 1975 regarding determination of Eid Al Adha addressed to the members of the Majlis Mohammad Natsir as Ta ' The Mudir side of Maktab and the General Counsel of Rabithah 'Alam Islam. In the letter mentioned proposition Syeikhul Azhar Abdul Halim Mahmud in the form of a press release in 1975 that called for that in terms of determining the beginning of the month of Zulhijjah, should all be guided by the results of an Islamic state Rukyah Saudi Arabia, so that the Muslims of the opinion in the issue of the establishment of the standing at Arafat. DDII use understanding the verses of the Quran and hadith, related to the argument of the testimony rukyah, replenish a fair witness to determine the beginning of fasting, while the end of the fasting decided to use at least two witnesses were fair and tsiqah (reliable). Witnesses are not required to be male or female, because what is delivered is a news of observation.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI NASABAH BAITUL MAAL WA TAMWIL (BMT) YANG DILIKUIDASI DI INDONESIA ]]>
<![CDATA[Ma’shum, Syafi’atul Mir’ah]]>
<![CDATA[ Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 5 No. 1 (2017): Al-Mazaahib ]]>
Publisher : <![CDATA[UIN Sunan Kalijaga Yogyakarta ]]>
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DOI: 10.14421/al-mazaahib.v5i1.1396
<![CDATA[Baitul Maal wa Tamwil (BMT) is one type of micro finance institution that uses sharia principles. The BMT contributes to a real small economic by providing financing and channeling of funds. But the problem arises when liquidation occurs on the BMT, which rules should be used as a rule to solve it. This paper discusses the legal protection for BMT customers who are liquidated in Indonesia. The aim is to explain how legal protection forms for customers and why this legal protection is necessary for customers. The analysis used is statute approach and a conceptual approach. The legal basis of protection for BMT customers is Law no. 1 of 2013 on Microfinance Institutions (LKM), particularly articles 24 and 25, which regulate the prevention of disputes or revocation of licenses. Article 26 states that the Financial Services Authority (OJK) provides a deposit service if it makes them lose. But if BMT incorporated in the form of cooperative (koperasi) the law that use as basis is Law No. 25 of 1992, especially article 54 on the settlement. Differences in this rule become one of the factors slow the settlement of the problem of BMT customers that liquidated. The government should provide clear rules regarding the institutional status of BMT, so that the settlement of client's legal protection becomes clear]]>
