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Mazahib: Jurnal Pemikiran Hukum Islam

mazahib
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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 9 Documents

Search results for , issue "VOLUME 15, ISSUE 1, JUNE 2016" : 9 Documents clear

Tinjauan Hukum Islam Terhadap Penerapan Akad As-Salam dalam Transaksi E-Commerce
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

The rapid development of technology have been showing new dimension for transaction activity. The early of transaction activity with traditional method. Now day, it can be done by networking fast, is so called with internet (e-commerce). In the practice, e-commerce transaction involving some parties which niet found in the traditional method. As well as on the shape, process up to end of transaction. As an approval that emerged from agreement, akad have legal consequence that given the right and the other side requires the obligation to the parties that form a binding contract to one anether. Therefore, akad was essential to the acceptance or rejection of legal act.

Analisis Konsep Keadilan, Kepastian Hukum dan Kemanfaatan dalam Pengelolaan Lingkungan
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

Environmental management becomes the attention of environmental existence because the exploitation is always in contiguity with nature, including forest exploitation which has positive and negative effects. On the one hand, the forest provides economical growth, but it also brings the natural demage (environmental ecosystem) on the other hand. The legal norms become a border and a sign of legal subject flexibility at once for forest exploitation. According to Gustav Radburch, the purposes of law are fairness, certainty and usefulness; it will become the hope to create environmental management which has environmentally sound based on Law No. 32 of 2009 on the Protection and Environmental Management. This article uses a normative legal research based on legal system components including the structure, substance and legal culture. There are some rights and obligations in environmental management; the right to live in healty and good environment, and obligation to keep the environment as well as possible. Justice in environmental management can be actualized if rights and obligations are run inequilibrium. Whereas, the legal certainty lies in the rule of law that become the reference of legal subject to exploit the forest resources. The legal certainty can be run effectively if it supported by good law enforcement. The legal benefit is achieved when the domminant legal subject perceived to benefit happiness. Fairness, certainty and benefits provide significant functions to maintain the environmental management with environmentally sound. But it can not be implemented simultaneously because of different tasks and functions.

Qiyas Sebagai Salah Satu Metode Istinbāṭ Al-Ḥukm
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

One of the methods of deriving Islamic law which is widely known in the study of usul fiqh is qiyas. Qiyas is very popular among the scholars of Shafi’i. In simple terms, qiyas can be interpreted as an attempt to equate the law of a case that does not have a legal naṣṣ to the case that already has a legal naṣṣ, because of the equation of 'illat. This article try to study qiyas as one method in istinbāṭ al-ḥukm by describing several aspects including the elements, requirements and steps that must be passed by a mujtahid who want to derive Islamic law through qiyas method.

Poligami dalam Hukum Islam Indonesia (Analisis Terhadap Putusan Pengadilan Agama No. 915/ pdt.g/ 2014/ pa.bpp Tentang Izin Poligami)
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

This article discusses the considerations of Balikpapan Religious Court judges in giving polygamy permits in case No. 915 / Pdt.G / 2014 / PA.Bpp. In this case the applicant sought permission to marry his partner that he had married earlier not in accordance to state law (Nikah Sirri) 2014. In 2003, the couple was blessed with a son. They then face legal problems to get his birth certificate; and this is one of the reasons the applicant apply for a polygamy permit. Although the application does not meet the provisions of the marriage law in Indonesia about the terms of polygamy (Article 4 (2) Marriage Law No. 1/1974), the judge in the case still gives permission to the applicant . Consideration of the judges are the permission is given because it has greater utility than to simply follow the provisions of the law of marriage: namely legalizing their Nikah Sirri and welfare of the (illegitimate) child. This case shows once again that Religious Court judges are not only glued in the provision of positive law in Indonesia but also delves living law in the community, including here the principles of sharia and fiqh. Keywords : Polygamy in Islam, religious court in Indonesia,

Implementasi Pengelolaan Zakat di Aceh
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

This article discusses the local provision of Aceh; Qanun No. 7 of 2004 on Zakat Management. Qanun No. 7 of 2004 on Management of Zakat on the managing zakat is an effort to increase and optimize the potential of zakat in Indonesia, which is still far from the expected. Some of the issues discussed in this article are the provisions of Qanun on muzakki (person who obliged to pay zakat), mustahiq (those entitled to receive zakat ), Baitul Mal and Conditions ' uqubat (sanctions against deviations from the zakat). This article studied by using Islamic approach and normative juridical with library research. The results show that the discussion in relation to mustahiq zakat, the Qanun has provided a guarantee for people who in Act No. 18 of 2001 established as one of income sources (local revenue). In the provisions of the charity 's Qanun, very clearly stipulated that zakah is only distributed to mustahiq accordance with Shari'ah. This shows that zakat cannot be used for purposes that are not included in one of the senif that has been clearly mentioned in the Qur'an. In relation to sanctions against irregularities of zakat, the existence of this Qanun can be considered as a complement to Law No. 38 of 1999 on Zakat which still has many shortcomings, especially the clauses providing for sanctions for irregularities to the management of zakat. In the Act, the sanctions more set on irregularities for zakat were Qanun zakat management is already include amyl and muzakki. The Qanun is also member of the delegation of authority for management immense charity by Baitul Mal. Keywords: Qanun Aceh, zakat management in Indonesia

Kontribusi Ajaran Islam Tentang Hak Politik Perempuan
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

The purpose of this study is to determine and to analyze how the contribution of Islamic teachings on women's political rights. Contributions of Islam on women's political rights has been long existed, Islam never restricts women’s creativity in any field as long as it does not violate the nature as a woman. If she has married, responsibilities as a wife and mother of her children should not be forgotten. In Islam, either man or woman has the right to organize, fight and defend, and the right to participate in the diplomatic and political agreements. The constraints against women is the lack of support from the women themselves for the sake of fulfilling a quota of 30% which is until this time it has not happened yet. Besides, the lack of knowledge for their representation as women in the political domain which has the real influence to the prosperous society The efforts being made should have been done well, the government should always pay attention to the representation of women in many ways. In the political domain, political parties should be one of the institutions which empower women who has a capability in political struggle.Keywords: Contributions Teaching of Islam, Women's Political Rights.

Kedudukan Kompilasi Hukum Islam Dalam Tata Urutan Perundang-Undangan Di Indonesia
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

The Compilation of Islamic Law of Indonesia contains Islamic rules according to the conditions of Indonesian Muslims. The Compilation was formulated, among other things, by adopting an eclectic approach towards sunni schools of Islamic law (Madzahib al-Fiqh) and legal opinions (fatwa) of Indonesian Islamic scholars (ulama). It is now used by the judges in the religious courts as the substantive law in adjudicating Islamic family law cases: marriage, inheritance, and Islamic trust (waqf). Despite its deliberate drafting process, the Compilation is problematic to be a positive law in Indonesia especially after the enactment of Law No. 12 of 2011 concerning the establishment of statutes. This is because the Compilation was passed by means of the Presidential Instruction (or now decree) No. 1 of 1991. The format of Presidential Decree is not listed in the hierarchy of law in Indonesia either prior to or after the promulgation of Law No. 12 of 2011. This article aims to analyze the status of the Compilation as the positive law in Indonesia after the promulgation of Law No. 12 of 2011 and what measures can be taken by the government to elevate its status. It argues that the President can initiate to change the Compilation legal basis from Presidential Decree to Government Regulation in Lieu of Law. In following year, the Government Regulation in Lieu of Law can be passed as an Act. When it is an Act, the Compilation is officially effective and binding in Indonesia.

Qanun Man’i al-Maysir fi Wilayati Aceh: Dirasatun Tahliliyatun fi Dhaui Maqasid al-Syari’ah
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

This research aims to study the prevention law of gambling in Aceh. Which has applied since 2003 M. The problem appears from this study is miss understanding of some Achiness society. Some of them accept that the gambling law is applied according to the purpose of Islam on the prohibit gambling. On another perception some of the community in Aceh do not accept it. they argue that the law of prevention gambling in Aceh is just from government not from Syari’. The explanation of appropriation between the purpose of government on applying this law and the purpose of maqashid al- syariah on prevention gambling. And discuss the reason of miss understanding society. So, this research will analyse the problems deal from this law, the solution, and finding out the wisdom of forbid gambling, and the relation prevention gambling law and the maqashid al – syariah on keep the wealth, because the command of preserve wealth is one of the purpose of syariah that Muslim should watch over it.thus, The researcher adopted the inductive methodology and the analytical approach to reach the solution on it. The most important result finding in this study is firm relation between the prevention gambling law in Aceh and maqashid al- syariah. Gambling is prohibited by many evidences and propositions from al-qur’an and hadits. In addition There are many kind of gambling renowned, the punishment for violate the gambling law is ta’ziriah. This forbidden relate to the command on keeping the wealth. Since that is one of the purpose of shariah. If the prevention of gambling law is approved and applied so that the purpose of shariah is reached as well. Futhermore, the law must be holdout on all Muslims to avoid gambling .

Subject and Author Index
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

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Home Page

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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

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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

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