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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. 9 No. 1 (2021): Al-Mazaahib" : 5 Documents clear
Islamic Justice in Indonesia Polygamy Regulation on Asghar Ali Engineer’s Perspective Mayasari, Lutfiana Dwi; Cahya, Akmal Adi; Agustina, Ulfa Wulan
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 1 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i1.2292

Abstract

Indonesia has formulated the regulation of polygamy. Those regulations did not provide a contextual justice, especially towards women, at least if it viewed from some perspective. This research tries to measure the justice on those regulations on Asghar Ali engineer’s perspective of justice. This article is library research which use a normative and qualitative approach along with triangulation as collecting data method. Based on this article discussion, we find a conclusion that Indonesia provides the women/wife a chance to participate in the session process. Indonesia arranged that the wife’s agreement is one of requirement for husband to demand polygamy before the court. Therefore, in the view of Asghar, marriage law of Indonesia respect towards women if it regulation obeyed by the judge. In his view, justice for weak-side is the basis and fundamental teachings of Islam. The justice referred to him, is substantive justice, not just justice in the text.
Kritik Atas Peraturan Wali Nikah Dalam KHI dan Fikih Perspektif Gender Is Ashidiqie, Mughni Labib Ilhamuddin
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 1 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i1.2304

Abstract

The guardian is one of the pillars that must be fulfilled in marriage contract. In its practice, it is deemed necessary for reconstruction due to the provisions of marriage guardian stipulated in Article 20 Paragraph (1) in Islamic Law Compilation reflect provisions that are gender biased and irrelevant to conventions ratified by the Indonesia government, because only men’s right to be marriage guardian. This article is intended to critically examine the provisions of the guardian of marriage of the Compilation of Islamic Law. This article is a literature study using descriptive-analytical research methods. The subject of this research is women's rights in the concept of marriage guardian. The approach used in the effort to critique and reconstruct women's rights as marriage guardians is the principle of gender justice. This article considers that reconstructing the idea concerning one’s right to become a marriage guardian is not something that is impossible to do. This is because the point by which only men have the right to become marriage guardian was stated by scholars, Syafi'i mazhab, was determined based on the socio-cultural conditions of the community. Back then, women were considered as lesser than men in many terms, and this was of course different from the condition of women today. That is, the parameter in determining the right of a person to be a marriage guardian is the ability to act perfectly. If so, then adult women today can become marriage guardian, as they are currently able to act perfectly (kāmil al-Ahliyyah).
Kaffārah Rules on Having Intercourse During Ramaḍān: Gender Analysis of Imam Nawāwī and Ibn Qudāmah’s Opinions Billah, Mu'tashim; Nurdiansyah, Rifqi; Alyaparangu, Kaukabilla
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 1 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i1.2291

Abstract

This article tries to analyze the doctrine of kaffārah as the repentance for those who break the fast doing an intercourse in the day of Ramaḍān based on the opinions of Imam Nawāwī and Ibn Qudamah viewed from the perspective of gender. This is a library research that used descriptive-comparative methods along with normative and gender equity approach that discusses the text and modern context. The data was derived from the fikih’s books. This article shows that Muslims who commit a sexual intercourse in the day of Ramaḍān are burdened by an expiation that is mentioned in ḥadīṡ. Imam Nawawi stated that wife is not burdened by an expiation if she commits the intercourse, either by her willingness or under the compulsion. While Ibn Qudāmah stated that wife is burdened by an expiation if she commits it by her willingness and the legal burden will be lost if she is being under compulsion. From the perspective of gender, there is no difference between both man and woman’s kaffārah obligation. Both will get the consequence from all they have done, because both are the subjects of law. They should discuss each other on what choices to expiate their sins.
Keadilan Gender dalam Kewarisan Islam: Kajian Sosiologis Historis Kususiyanah, Anjar
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 1 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i1.2293

Abstract

This study aims to examine the justice toward women in Islamic inheritance system with a historical-sociological approach. The research method used in this research is descriptive qualitative research as an effort to understand the concepts found in a research process, using content analysis techniques and library research. From this research, it is found that according to the sociological-historical approach, the inheritance of women in Islam is not initially regulated and only applies based on customs. In pre-Islamic times, women did not have inheritance rights, even as inheritance for their closest men. that the revelation of the verse regarding Islamic inheritance did not just appear, but as a response to traditions and problems in pre-Islamic Arab society. The provision for the distribution of inheritance 2:1 is not a courtesy and universal provision. This provision cannot justify that the text is clear. The right or wrong of this provision must be measured to what extent it reflects the value of justice and equality as muhkam and universal principle. The inheritance verse makes the Arab community aware that women are not objects of inheritance; but, instead inheritance subjects like men who have the right to inherit and be inherited. So that the verse about inheritance in Q.S. An Nisa (4): 11-12, this is an effort to improve the position of women in society by adjusting the sosial conditions of society according to the era so that the distribution of inheritance 2:1 is not justice, if, it is synchronized with the current sosial phenomena.
Tindak Pidana Terorisme Dalam Perspektif Hukum Pidana Islam Dan Hukum Positif Miski, Miski
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 1 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (650.019 KB) | DOI: 10.14421/al-mazaahib.v9i1.2367

Abstract

This article seeks to reveal the differences in the understanding, elements, and criminal sanctions of terrorism between Islamic criminal law and positive law that applies in Indonesia. This article is a qualitative research by utilizing literature as a source. The approach used is normative juridical to analyze data sourced from sources of Islamic law and Indonesian positive law. After being analyzed, the two sources are compared to find similarities and differences regarding criminal acts of terrorism from both perspectives. This article reveals that, in the discourse of Islamic criminal law, terrorism is equated with the concept of jarimah hirabah or acts of violence using weapons, creating fear in the victim, and resulting in the loss of other people's lives. Whereas in positive law, the element of criminal acts of terrorism is the use of violence that creates an atmosphere of terror and fear en masse. Criminal sanctions in Islamic criminal law are: killed and crucified, killed, cut off legs and arms crosswise and imprisoned. Whereas in positive law, the sanction is the death penalty, or imprisonment for a specified period of time.

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