cover
Contact Name
Muzayyin Ahyar
Contact Email
muz.ahyar@gmail.com
Phone
+6282140000900
Journal Mail Official
jurnal.mazahib@uinsi.ac.id
Editorial Address
Kampus II Fakultas Syariah Universitas Islam negeri Sultan Aji Muhammad Idris Samarinda Jl. HAM Rifaddin, Kecamatan Loa Janan Ilir, Samarinda, Kalimantan Timur
Location
Kota samarinda,
Kalimantan timur
INDONESIA
Mazahib: Jurnal Pemikiran Hukum Islam
ISSN : 18299067     EISSN : 24606588     DOI : https://doi.org/10.21093/mj
Core Subject : Religion, Social,
Mazahib Jurnal Pemikiran Hukum Islam / Mazahib Journal of Islamic Legal Thoughts (P-ISSN: 1829-9067; E-ISSN: 2460-6588) is an international peer-reviewed Journal Published by the Faculty of Sharia Sultan Aji Muhammad Idris State Islamic University Samarinda since 2004. The Journal specializes in the study of Islamic law, both conceptual and fieldwork research with various academic approaches: normative-doctrinal, social, political, economic, historical, etc. The subject is intended to communicate original research and current issues on the relevant topics.
Articles 235 Documents
Aktualisasi Al-Qawā’id Al-Khams terhadap Problematika Kontemporer
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (408.167 KB) | DOI: 10.21093/mj.v13i1.81

Abstract

The canon of interpretation in Islamic jurisprudence (al-qawa`id al-fiqhiyah) is like a bridge for an Islamic Jurist (faqih) to find a common thread in analyzing and deciding the extent of the legal problems. It also serves as the meeting point of the Islamic-jurisprudence-related issues. This is what makes an Islamic Jurist wiser and more sensible in applying fiqh at different times and places. When they provide an interpretation on a similar case, they take into account the situation and condition, as well as different customs. At the level of actualization, al-Qawa'id al-Khams can be applied to almost all of the discussion in the discourse of Islamic jurisprudence. The five rules of fiqh are always used as the base and backrest each Islamic Jurists in providing answers and solutions to various problems of life since the classical time to present.
Analisis Perbandingan Rasio Roa dan NPL antara Bank Konvensional dan Bank Syariah (Studi pada PT. Bank Mega Tbk dan PT. Bank Mega Syariah Tbk)
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.584 KB) | DOI: 10.21093/mj.v13i1.82

Abstract

This study aims to determine the differences in the performance of NPLs AND ROA at PT. Bank Mega Tbk and PT. Bank Mega Syariah, Tbk period 2009-2012. This study used a descriptive study using secondary data obtained from the web Stock Exchange and Bank Mega Syariah website. Data analysis method used is the method of time series and cross sectional approach. From these results it is known that the performance of NPLs and ROA at PT. Bank Mega Tbk and PT. Bank Mega Syariah is relatively good. However, from the NPF ratio it is better than its sister company, because NPF Bank Mega Syariah showed a decreasing trend since last seen 3 years of observation compared with NPL Mega Bank continued to increase during the period.
Kontroversi Kewenangan Pengadilan Negeri Dan Pengadilan Agama Dalam Menyelesaikan Sengketa Perbankan Syari’ah Di Indonesia
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (360.479 KB) | DOI: 10.21093/mj.v13i1.86

Abstract

Since the amendment of Law No. 7 of 1989 to Law No. 3 of 2006 concerning the Religious Courts, the Religious Courts increasingly expand its jurisdiction not only over disputes about the Islamic family law, but also to resolve disputes on Syari`ah economy including Syari`ah banking. The jurisdiction of the Courts to resolve the Syariah economy disputes, however, is reduced with the enactment of Law No. 21 of 2008 concerning Sharia Banking. The explanation of Article 55 paragraph (2) authorizes the District Court (Pengadilan Negeri) to resolve the Syari'ah economy disputes. This provision would cause dualism of authority and, thus, legal uncertainty as the litigants may settle their Syariah economy disputes either to the Religious Courts or the District Court.
Analisis perbandingan revenueand profit sharing pada sistemmudharabah pada PT. BPRS Hijrah Rahmah Samarinda
Mazahib VOLUME 13, ISSUE 1, JUNE 2014
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (373.717 KB) | DOI: 10.21093/mj.v13i1.87

Abstract

This research aims at comparingthe methods of profit sharing with revenue sharing insyari’ah financial principles. Syari'ah financial principles in this issue are mudharabah. The study was conducted at PT. BPRS Hijrah Rahmah, Samarinda. Besides comparing between profit sharing and revenew sharing, italso teststhe suitability of the fatwa of the Council of Indonesian Ulama (Majlis UlamaIndonesiaor MUI) No. 15/DSN-MUI/IX/2000 about principles of operationsin Islamic Financial Institutions. This study found that PT. BPRS Hijrah Rahmah uses revenue sharing more frequently than profit sharing. This is due to make it easier to calculate through revenue sharing rather than profit sharing.
MENEGUHKAN INKLUSIVISME AHL DZIMMAH DAN KAWIN BEDA AGAMA
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (285.777 KB) | DOI: 10.21093/mj.v10i1.104

Abstract

Fiqh constructed earlier scholars not only to future or after the jurisprudence is not codified but also to accommodate a growing tradition in the past. Usually refers only to the scholars of fiqh scholars earlier opinion or just take a verse and a tradition to serve as justification and legitimacy. Growing humanitarian problems and knowledge have made progress, the inevitable renewal of jurisprudence to be an alternative solution. Fiqh scholars see the importance of re-opening of classical fiqh is not critical in terms of overhaul, but in terms of jurisprudence update to address several problems that continue to evolve. Assessing the activity of jurisprudence sometimes get stuck in a puddle of fatalism that the discourse of jurisprudence which was originally an open and diverse in the region eventually entered politics and efforts to the struggle for authority.
POLA PEMBAGIAN HUKUM KEWARISAN ISLAM BAGI ANAK LAKI-LAKI DAN ANAK PEREMPUAN
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (256.186 KB) | DOI: 10.21093/mj.v10i1.105

Abstract

The pattern of distribution of the provisions of Islamic inheritance law with Islamic law excavation methodology can be aligned with the values of justice is perceived and lived in public life. Formulation of new laws that are relevant to the needs of people who experience social change, so that the Islamic inheritance law that is universal will be passed on without knowing the limits of territorial and social environment. The result of Islamic inheritance law will have the flexibility and power with good adaptability to changes in society. Reformulation of the law as a result of changes in running condition by reconstructing relationships within the community. This means that the cause of law are closely related and should be able to anticipate changes in society, because that law is required to formalize the relationship between community members.
INTERAKSI AGAMA DAN POLITIK HUKUM KESULTANAN KUTAI KARTANEGARA: Studi Keagamaan Etnis Dayak - Kutai
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.593 KB) | DOI: 10.21093/mj.v10i1.106

Abstract

Kutai Kingdom in the stage history of the archipelago have left traces of civilization. At least the built form of monarchy has got a touch of constitutional govern life in society. Constitutional monarchy called Panji Selaten, and Baraja Niti Law is the law that puts the combination of building indigenous aspects of egalitarianism, which is located between the Dayak and Kutai inland located near the center of power, where the top leadership is the king of Kutai. Building a constitution that remains grounded in the realm of "traditional" so-called "customary legal system sanctioned by the royal policy which also was based on the Personality '. And the result of the accumulation of "integration of religious values" into the royal power structure that forms the social character of the Malay culture is closer to the power structure. As a result, Dayak "haloq" is more likely to make ethnic identity in Kutai, and this is an indication that lead to impaired bargaining power "propaganda Islamiyah"
UU PORNOGRAFI DALAM PERSPEKTIF HUKUM ISLAM
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (284.898 KB) | DOI: 10.21093/mj.v10i1.107

Abstract

Pornography is like an octopus that plagued the whole society. Background of many factors, among others, women's fashions, the media, including internet. Various regulations were issued to mute it. Still can not stem its spread. Pornography is located between the ethical and aesthetic dimensions. Talk about moral ethics, aesthetics are talking about the beauty of Islamic law has its own rules of procedure and ethics association of dress.
MENIMBANG PEMIKIRAN EKONOMI TAQYUDIN AL-NABHANI DENGAN KONSEP MAQASID AL-SHARI'AH
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.606 KB) | DOI: 10.21093/mj.v10i1.108

Abstract

al-Nabhani's economic thinking is built on an understanding of the texts of al-Qura'an and textual traditions and the exclusion of readings based on the maqasid shariah. Waiver maqasid shariah is evident in a variety of political opinion in which he developed the State economy. This resulted in the economic concept of the State which he developed bersifar rigid, less flexible accept new things that are useful and more serious benefits. School of thought that al-Nabhani by Yusuf al-Qaradawi called Dhahiriyah contemporary group. This is evident in the reading of al-Nabhani in the verses about the economic problems of the above, for example, thought about compulsory charity that only property is adjacent to the specified text of the Qur'an and the Hadith. Including thoughts on the idea that the authors did not describe above. Literalist readings without maqasid shariah perspective this is very dangerous and detrimental to Islam and the propagation of Islam itself. This understanding is damaging the image of Islam among contemporary scholars, among non-Muslims and even among ordinary Muslims themselves.
REKONTRUKSI METODOLOGI HUKUM ISLAM KONTEMPORER
Mazahib VOLUME 10, ISSUE 1, JUNE 2012
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.993 KB) | DOI: 10.21093/mj.v10i1.109

Abstract

This paper aims to explore ways of view (weltanshaung) Al-Quran for the establishment of Islamic law, the ethical principles of the Qur'an in the form of universalism, justice, equality, and general welfare of the contextual and contemporary. It is important to remember that Islamic law is the most fundamental part in creating public improvements in accordance with the times and places, both in aspects of family law, economics, criminal, female (gender), medical, technological, political and even religious aspects. Therefore, the reconstruction methodology of Islamic law is an absolute, so that the application of Islamic law itself does not ignore the ethical principles of the Al-Qur’an.

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