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Mu'tashim Billah
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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. 2 (2021): Al-Mazaahib" : 5 Documents clear
Sakinah Family Establishment in The Modern Era from The Perspectives of Hamka and Quraish Shihab Amrullah, Mohammad Ghaffar; Ibrahim, Malik
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 2 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i2.2388

Abstract

This article explains the concept of establishment of the sakinah family according to the perspective of Hamka and Quraish Shihab. This is a qualitative research which utilizes data sourced from literature. This article shows that according to Hamka, modern Sufism can be used as a solution to achieve a happy family in this world and the hereafter, regardless of the stigma that marriage is only to have children. Sufism does not only mean zuhud which is lonely, away from the world normally, but must actively work. As for the meaning of zuhud according to Hamka, is ready to be poor, rich, and to not have any penny, and on the other hand, being willing to become a millionaire, but wealth does not the cause of forgetting God, and neglecting the obligations. This is in line with the concept that taught by Islam, that Islam advocates the spirit to fight, the spirit of sacrifice and work not to be lazy. According to Quraish Shihab, The presence of sakinah does not just come, but there is a condition for its presence, the heart must be prepared with patience and piety.
Restorative Justice Policy as Criminal Settlement in The Law of Information and Electronic Transaction (ITE) Sasmita, Ajeng Risnawati
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 2 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i2.2420

Abstract

Restorative justice in conflict resolution is an effort to resolve between criminals and victims of crime in criminal cases directly. More specifically, restorative justice seeks a way out by considering the good for all parties, be it for the perpetrator, the victim, or the victim's family. This article defines the basic concept of applying the Restorative Justice Policy as the settlement of criminal cases in the Electronic Information and Transaction Law. This article is a qualitative research using a conceptual normative approach. Data were collected through literature study, then analyzed using a data reduction process, data presentation and conclusion drawing. The application of Restorative Justice as a settlement of criminal cases as regulated in the legislation concerning Electronic Information and Transactions (UU ITE) is deemed appropriate considering that in the settlement of criminal cases, investigators must have the principle of prioritizing restorative justice in case settlement, and criminal law is the last resort that can be used. carried out as an effort to enforce the law (ultimum remidium), as stated in the Circular Letter Number: SE/2/11/2021 and the Chief of Police's Telegram Letter No. ST/339/II/RES.1.1.1./2021. With the process of returning to its original state (peace between the two parties), then criminal cases can be resolved and there is no need to continue the process in the judicial process.
Analisis Ijtihad Hukum Membayar Zakat Fitrah dengan Uang Menurut Yusuf Al-Qaradawi dan Wahbah Az-Zuhaili Matien, Nail Fadhel
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 2 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i2.2369

Abstract

This article defines the difference of ijtihad method used by Yusuf Al-Qaradawi and Wahbah Az-Zuhaili in the legal status of the permission of zakat fitrah payment with money. This article is a qualitative research using data sourced from literature. The data obtained are analyzed using a descriptive-comparative approach. This article shows, that according to Wahbah Az-Zuhaili, based on the jumhur opinion, zakat fitrah must be paid in accordance to the existing text. Meanwhile, Yusuf Al-Qaradawi argues that the payment must be flexible by considering aspects of the benefits that will be received by the poor. Methodologically, Wahbah Az-Zuhaili used qiyās as used in the asy-Syafi'i school. Meanwhile, Yusuf Al-Qaradawi, used the method of Intiqā'i and Insyā'i. This method is used to compare the opinions of scholars, then rated by the aspect of al-muqāranah wa al-muwāzanah. One of the reasons for the determination of staple foods, is, that in ancient times, the use of money as a transaction tool was not popular as it is today. The ever-changing currency value will certainly makes Islamic law (zakat al-fiṭr) not adaptive. However, the value of the benefits of money at this time, can be equated with the benefits of foods in ancient times.
Otoritas Pemahaman Hadis Sebagai Sumber Hukum Islam: Kritik Ibn al-Labbād al-Mālikī Kepada asy-Syāfi’ī Akmaluddin, Muhammad
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 2 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i2.2387

Abstract

Understanding the hadith with different methods may have either the same result or different results, especially between ra’yu and hadith experts. The struggle for authority on understanding hadith makes this study more interesting because it involves understanding hadith itself, differences in schools of thought and which method is more authoritative in practicing a hadith. This paper discusses how Ibn al-Labbād criticized the hadith authority of as-Shafi’ī and the struggle for hadith authority and meaning. This paper uses a qualitative approach with literature review, and content analysis. The object of research in this paper is the work of Ibn al-Labbād (d. 333/944) along with his work in ar-Radd ‘alā as-Shāfi’ī. There are four categories of criticism by Ibn al-Labbād, they are: criticism of definitions, the causes of the appearance of hadith (asbāb al-wurūd), hadiths that are not fit with the verses of the Qur’an and laws that are not found in the hadith. Ibn al-Labbād’s critique of the interpretation of as-Shafi’ī is a proof that hadith text is not limited only to the understanding of the Shafi’ī school. Likewise, what was done by as-Shafi’ī also a proof so that the understanding of hadith is not only dominated and controlled by Malik.
The Fatwa of MUI on Gafatar from The Perspectives of Farid Esack and Jacques Derrida Dardiri, Muhammad Hudan
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 9 No. 2 (2021): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v9i2.2414

Abstract

This article discusses the controversies emerged as a result of the the MUI Fatwa on Gafatar. The data of this article is gathered through series of literature review, and is analysed using descriptive analysis method. The aim of this study is, to examine the MUI fatwa from the perspectives of Farid Esack’s hermeneutic liberation and Derrida’s concept of deconstruction. The comparative between liberation hermeneutic and deconstruction on dissecting Gafatar heretical fatwa which is issued by the Indonesian Council of ‘ulama  (MUI) are purposed to see how different views can just happen among the society. As one of the citizen of the big heterogeneous nation (Indonesia), it is important to understand well those differences among people in order to have the wise respond toward those  differencences. This study shows that Gafatar does not expect the liberation of discrimination, but, Gafatar actually destructs the teaching of Islam; Gafatar’s teachings opposed Esack’s hermeneutical keys;Gafatar is a mere organization that wants to interpret Islam in a different way of interpretation which purposed to fulfill the willingness of freedom from God’s commands; from the perspective of Derrida’s deconstruction theory, MUI gain a domination of truth in interpretation of al-Qur’an which close other’s interpretation.

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