Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Mazahib: Jurnal Pemikiran Hukum Islam

mazahib
Website

Published by Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda

ISSN : 18299067 EISSN : 24606588 DOI : https://doi.org/10.21093/mj

Core Subject : Religion, Social,

Religion Law, Crime, Criminology & Criminal Justice

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.

Arjuna Subject : Seni dan Humaniora - Studi Agama

Articles 8 Documents

Search results for , issue "VOLUME 14, ISSUE 2, DECEMBER 2015" : 8 Documents clear

AHMADIYAH DALAM LABIRIN SYARIAH DAN NASIONALISME KETUHANAN DI INDONESIA
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This paper aims at looking at the phenomenon of intolerance against Jemaat Ahmadiya in Indonesia that has been occuring since several decades ago. The Jemaat Ahmadiya is continuously accused of blaspheming Islam, and, thus, led to its dissolution by the government. Employing political sociology as an approach, this article frames the plight of Jemaat Ahmadiyya through the lens of Jeremy Menchik’s “godly nationalism”. It then argues that (1) violence against Jemaat Ahmadiya are not only perpetrated by certain elements of intolerance society, but also accommodated by the government thanks to the general consensus regarding the common orthodox theism in Indonesia; (2) the phenomenon of intolerance also shows that Indonesian citizens are still perplexed by the concept of nationalism: on the one hand, Indonesia is deemed to be a secular state, on the other hand, it accommodates religions and their teachings into the state’s life.

PENGARUH POLITIK DALAM PEMBENTUKAN HUKUM DI INDONESIA
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This article examines how the politics influence legal development in Indonesia. Politics and law are two things that influence each other. In the process of establishing the rule of law by political institutions, the role of political forces who sit in the political institutions are very decisive. When the position of law is more determinant than politics, then political activities are regulated by and must comply to legal rules. On the other hand, when politics is more determinant than law, then law is a product of political wills that interacts each other and even competes each other. However, an ideal system is a system when both law and politics are in balance in terms of determination. In such condition, an order may be achieved.

KONSEP KEADILAN DALAM FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This paper compares the concept of justice in the viewpoint of legal philosophy and the philosophy of Islamic law. Justice in Islamic law comes from the Creator, Allah Swt., which is infinite justice and therefore must be believed not to apply the law unless justice to His servants. The concept of Justice will continue to evolve in line with social development. Fairness in life becomes an important requirement for humans so that everyone can strike a balance between demanding their rights and carrying out their obligations in an effort to reach the truth. Thus, the truth and the obligations must be in harmony and balance in life. Law is just a collection of words when the law does not materialize justice. When a law does not recognize justice, it is meaningless. Law formulation, therefore, is the process of harmonizing legal certainty and proportionality.

PEMIKIRAN HUKUM ISLAM KHALED ABOU EL FADL
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This paper discusses the thought of Khaled M. Abou El Fadl about Islamic law. There is an anxiety that is felt by Khaled when he noticed fatwas issued by some fatwas scholars or institutions that exist in the Islamic world. Fatwas are considered to be authoritarian and discriminatory, particularly against women. In addition, these fatwas seem to be rigid; they could not adjust to the demands of the times and conditions. The phenomena of authoritarianism emerged, according to Khaled, due to methodological errors in understanding the legal texts that exist in the Qur'an and Sunnah. Khaled, thus, offers hermeneutic method that consists of three things: text competence, determination of meaning and concept of representation in Islam. When these three elements are met in the determination of the law, Islamic law produced is expected to be authoritative, innovative and dynamic, not authoritarian, discriminative and passive.

DUMPING DALAM PERSPEKTIF HUKUM DAGANG INTERNASIONAL DAN HUKUM ISLAM
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This paper discusses the views of international commercial law and Islamic law against the practice of dumping. Dumping is the practice of selling a product in export destination countries at a price below the normal price which aims to dominate the market abroad. Dumping is often made by a country to capture the international market, so it is the case that is high figure in international trade. Indonesia is ranked five on charges of dumping. Dumping is the practice of dishonest trading, but the dumping was not prohibited by the WTO. Importing countries can apply anti-dumping duties against dumping of products to prevent or reduce the effects of serious losses on similar domestic products. Islam recognizes the term dumping by the term 'siyasah al-ighraq' or slam the price. In contrast to world trade law, Islam prohibits the dumping as in the provision of the Prophet hadith, because it will cause misery or bankruptcy of producers of similar goods.

EKSISTENSI KLAUSUL ARBITRASE DALAM PENENTUAN PENYELESAIAN SENGKETA SYARIAH
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

The absolute authority of religious courts in economics sharia basically can not reach the agreement in which there is a dispute arbitration clause. An arbitration clause in a contract with Islamic principles usually comes first with settlement by means of shura or reconciliation. However, after an attempt made had not yet reached an agreement, the next step is to resolve the dispute the arbitration. In connection with the arbitration clause, the National Sharia Arbitration Board is authorized by law to resolve the dispute among contracting parties on the basis of agreements they have made previously in the contract (arbitration clause). This paper will discuss how the existence of the arbitration clause as limiting the authority of religious courts in handling disputes arising under a contract in the economic field and make sharia arbitration institution designated in the contract has the absolute power to handle dispute resolution sharia. Because the arbitration clause in a contract sharia business is very varied, ability, experience and creativity of businesses and lawyers to formulate an arbitration clause are highly demanded. It is intended that the choice of dispute resolution by means of arbitration actually be achieved more quickly and cost are borne by the parties to the dispute to be lighter.

URGENSI DIMENSI ETIS PESAN AL-QUR’AN DALAM PENGEMBANGAN HUKUM ISLAM
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This article tries to reveal the ethical dimension of the urgency message of the Qur'an in the development of Islamic law, especially in relation to dealing with global issues today. Islamic Jurisprudence (Fiqh), as a discipline of Islamic law must be able to answer the problems of humanity in a "good and proper" manner in order to be relevant. In this regards, understanding of the theory of Islamic law (Usul al-Fiqh), as the methodology of understanding Islamic teachings, must be willing to open up and do not be bound by the classical theory which is exclusive-deductive in nature. It needs to and collaborate with other scientific disciplines, such as sociology, anthropology and so forth. One alternative way is by paying attention to the ethical messages of the Qur'an which are more normative-universal. To find out which messages are normative and the particular historical-technical nature, the method of "double movement" offered by Fazlur Rahman deserves a careful attention.

KEDUDUKAN AS-SUNNAH DAN TANTANGANNYA DALAM HAL AKTUALISASI HUKUM ISLAM
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

Sunnah of the Prophet Muhammad that had been understood by the majority of Muslims as role models; in the form of words, deeds / actions and the approval of the actions of others by the Prophet must always be understood in a dynamic and lively way. When Sunnah is understood as an ijtihad of the Prophet Muhammad in interpreting and applying the revelation / word of Allah in religious life and society, then following the sunnah of the Prophet became a major force in encouraging the creation of dynamic progress, inspiration and innovation. But if the sunnah of the Prophet is understood and translated literally, the sunnah of the Prophet are stuck in the classic texts which binds progressive mindset of Muslims. Therefore, on the conditions and the present situation, the Sunnah of the Prophet can no longer be understood and applied textually (classic) and deemed to be immutable, but it must be understood and applied contextually following the appropriate methodology and its subject matters. This is a necessity, because the Sunnah status is different from the Koran. Thus, the Sunnah is always open to be developed, equipped and even modified, so its application is easy and doable.

Page 1 of 1 | Total Record : 8

Filter by Year

2015 2015

Filter By Issues

All Issue Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025 Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024 Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024 Vol 22 No 2 (2023): VOLUME 22, ISSUE 2, 2023 Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023 Vol 29 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022 Vol 27 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022 Vol 26 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022 Vol 25 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022 Vol 24 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022 Vol 23 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022 Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022 Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022 Vol 20 No 2 (2021) VOLUME 20, ISSUE 1, JUNE 2021 VOLUME 19, ISSUE 2, DECEMBER 2020 VOLUME 19, ISSUE 1, JUNE 2020 VOLUME 18, ISSUE 2, DECEMBER 2019 VOLUME 18, ISSUE 1, JUNE 2019 VOLUME 17, ISSUE 2, DECEMBER 2018 VOLUME 17, ISSUE 1, JUNE 2018 Volume 16, Issue 2, December 2017 VOLUME 16, ISSUE 1, JUNE 2017 VOLUME 15, ISSUE 2, DECEMBER 2016 VOLUME 15, ISSUE 1, JUNE 2016 VOLUME 14, ISSUE 2, DECEMBER 2015 VOLUME 14, ISSUE 1, JUNE 2015 VOLUME 13, ISSUE 2, DECEMBER 2014 VOLUME 13, ISSUE 1, JUNE 2014 VOLUME 12, ISSUE 2, DECEMBER 2013 VOLUME 11, ISSUE 1, JUNE 2013 VOLUME 10, ISSUE 2, DECEMBER 2012 VOLUME 10, ISSUE 1, JUNE 2012 VOLUME 4, ISSUE 2, DECEMBER 2007 VOLUME 4, ISSUE 1, JUNE 2007 More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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