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Muzayyin Ahyar
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Kampus II Fakultas Syariah Universitas Islam negeri Sultan Aji Muhammad Idris Samarinda Jl. HAM Rifaddin, Kecamatan Loa Janan Ilir, Samarinda, Kalimantan Timur
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Mazahib: Jurnal Pemikiran Hukum Islam
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 6 Documents
 1 
Search results for , issue "VOLUME 17, ISSUE 2, DECEMBER 2018" : 6 Documents clear
Legal Protection for Hajj Pilgrims Through Regional Regulation
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (748.443 KB) | DOI: 10.21093/mj.v17i2.1159

Abstract

The Law on the Conduct of Hajj Pilgrimage mandates the management of the Hajj pilgrimage is organized by the government. This management includes the coaching, service, and protection of the pilgrims from Indonesia, in Saudi Arabia, to returning to the homeland. This law also stipulates that the authority to conduct Hajj pilgrimage management is not only vested to the Ministry of Religious Affairs but also may involve the local government. This article aims to look at the role of local governments in providing service assistance and legal protection to the conduct of Hajj pilgrimage by means of regional regulations or bylaws. Using a normative approach, this article analyzes the extent to which the importance of bylaws in helping implement services for pilgrims. The results of this study confirm that there are 3 important arguments for why the local government must issue regional regulations to provide legal services and protection for pilgrims. First, philosophically, the pilgrimage journey does not depart from Jakarta only, but through the origin area which is still in the corridors of power of the local government. Second, sociologically, it is a form of the local government responsibility to the local people who perform the Hajj pilgrimage. Third, juridically, bylaws should regulate technical matters in order to provide optimal service in the conduct of the Hajj pilgrimage which is pursuant to the Law and regulations on Hajj pilgrimage in Indonesia.Keywords: legal protection, hajj pilgrims, regional regulation.
The Commodification of Religion in the Maqāṣid Al-Shariah Perspective
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1060.938 KB) | DOI: 10.21093/mj.v17i2.1188

Abstract

This article discusses the problem of the commodification of religion in Islam, namely looking at the perspective of Islamic law on a process that directs the symbols and religious expressions of Muslims in the framework of market-based power as a commodity or business object. The theory used is the Maqashid ash-Shariah theory, to find out whether or not the objectives of sharia law are maintained in the religious practices which intersect with the economic dimension. This becomes relevant because for a Muslim the conformity with the objectives of sharia is the materialization of maslahah which is the wisdom of establishing a law in Islam. It employs a normative approach in the perspective of Maqashid jurisprudence. The results of this study indicate that in the Islamic context, there are several things that reveal the symptoms of religious commodification which are packaged in various forms of industry. Some types of industry still exist which are built with economic rationality to seek mere worldly benefits and ignore the principles of benefit. For this type of business practice, the government with its various instruments or institutions must continue to carry out sharia-compliant supervision. Meanwhile for the sharia-based business practices or industries, there is no legal issue in complying with sharia objectives there.Keywords: Commodification of religion, Maqasid al-Sharia, Islamic law, religion with economic dimensions.
Para-fiqh: Bridging Thematic Fiqh to Ushūl and Ushūl’s Response to Specialization of Fiqh
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (834.938 KB) | DOI: 10.21093/mj.v17i2.1192

Abstract

The latest trend regarding the study of contemporary thematic Islamic jurisprudence (fiqh) is built upon a paradigm that fiqh, as a science developed in the Islamic tradition, is able to respond to every modern challenge. This paradigm seems to be incompatible with the study of the Islamic legal theory (Ushū al-fiqh) which is considered stagnant. However, the study of Ushū al-fiqh is, the initial gate to the discussion of legal reasoning which enables those who master it come up with theoretically correct rulings and hopefully responsive to the needs of the times. Discussing the thematic Islamic jurisprudence (fiqh) without going through the Ushū al-fiqh thinking framework may lead to a serious gap to the product of the thematic fiqh study. The thematic fiqh studies such as fiqh siyāsah (Islamic jurisprudence on constitution), fiqh munākahat (Islamic jurisprudence on marriage), and Islamic jurisprudence on health issues are not infrequently distorted from the actual context. This article offers a way of dealing with the gaps. In this case, the terminology presented is para-fiqh. Para-fiqh is a term to bridge the trend between the thematic fiqh studies and the stagnancy of Ushū al-fiqh study which, in turn, give birth to the antithesis in the form of thematic Ushū al-fiqh. This article employs the conceptual-doctrinal approach which seeks to present the problems of various classical literatures of the Muslim scholars. By scrutinizing the concept para-fiqh, it is hoped that: first, this article presents a universal legal argument on some particular legal themes; second, it explains the principles of Ushū al-fiqh to understand the thematic fiqh products. The findings emphasize that the para-fiqh concept is important for enriching the intellectual tradition of Muslim communities, as well as being a bridge between the gaps created by the study of Islamic jurisprudence (fiqh) and the study of Islamic legal theory (Ushū al-fiqh).Keywords: para-fiqh; thematic ushūl, thematic fiqh, Ushūl jināyat; Ushūl mu`āmalat.
The Difference of a Child (Walad) Concept in Islamic Inheritance Law and its Implications on The Decisions of the Religious Courts in Indonesia
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.033 KB) | DOI: 10.21093/mj.v17i2.1212

Abstract

This article is based on the fact that there is still the disparity of decisions among the Religious Court Judges on heirs, especially a child (walad), when handling the inheritance disputes. This is because there is a general provision of the meaning of walad contained in the Indonesian Compilation of Islamic Law (KHI) in which it includes both a son and a daughter. In addition, there is no obligation for Religious Court Judges to use the KHI as the basis for legal considerations, allowing for some Religious Court Judges to use the classical Islamic Jurisprudence (fiqh) as the legal basis in deciding a case. This article aims to investigate the impact of the general concept of walad (a child) and measures should be taken the Government to accommodate the legal reference material for Religious Court Judges, especially the KHI and the classical Islamic Jurisprudence (fiqh). It employs normative legal research which primarily examines the decisions of the Religious Courts in East Kalimantan, specifically Samarinda, Tenggarong and Tanah Grogot. The findings reveal that since there is no obligation for the Judges to use the KHI, referring to the classical Islamic Jurisprudence when giving legal considerations and deciding cases of inheritance is not against the procedural law in Indonesia. Yet, this measure potentially creates the disparity of decisions in the Religious Courts since the fiqh differs in determining who the walad is: merely sons or include both sons and daughters. This has frustrated the objective of the KHI as the codification of Islamic Law in Indonesia which unites the differences of opinions in the fiqh and, thus, assures legal certainty in resolving the disputes. Hence, the government should enact the KHI as a Law in Indonesia in order to end the forum of choice for the Judges in basing their decisions so that the disparity of decisions in the Religious Court minimized and legal certainty assured for the justice seekers.Keywords: Islamic inheritance law, walad, fiqh, religious court's decision.
Politics, Local Governments, and Sharia By-Laws in Indonesia: Revisiting A Common Assumption
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1277.523 KB) | DOI: 10.21093/mj.v17i2.1347

Abstract

After the fall of Suharto regime, some local governments in Indonesia have adopted Shari’a by-laws. Several studies suggest that this adoption of Shari’a by-laws was influenced mostly by the political motives of the local elites. They used such by-laws as a strategy to gain political supports from Muslim voters. They also used the by-laws to facilitate bribery and electoral corruption using social and religious instruments and to distract people’s attention from ongoing corruption. Although it confirms the political motives behind the adoption of the Shari’a by-laws, this paper suggests that such political motives may not the only factors leading to the introduction of Shari’a by-laws. Based on the study of the political and religious backgrounds of the district heads, who were elected in the local elections between 2008 and 2013, in the six major provinces, this paper indicates that political motives do not play alone. The district heads’ religious backgrounds can be the other important factors contributing to the adoption of Shari’a by-laws by some local governments in Indonesia.Keywords: Shari’a by-laws, politics, local governments, Indonesia.
Meretas Tradisi Monolitik dalam Kajian Islam/Hukum Islam
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (313.088 KB) | DOI: 10.21093/mj.v17i2.1404

Abstract

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