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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 5 Documents
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Search results for , issue "VOLUME 19, ISSUE 1, JUNE 2020" : 5 Documents clear
The Representation of Women’s Role and Position in Taqrib Book: A Discourse Analysis Study
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (367.759 KB) | DOI: 10.21093/mj.v19i1.1737

Abstract

AbstractThis article aims at analyzing woman’s role and position in a book of Islamic jurisprudence (fiqh book). It focuses on the discussion of women’s position in domestic and public sphere as written in the fiqh book titled Taqrib. It also explores the relevance of the Taqrib’s contents on women’s role and position in the social context by probing its readers’ awareness. In this qualitative study, the discourse analysis method is used to examine the contents of the book and the context of readers, i.e. prominent teachers of Islamic boarding school (kyai). Although women’s role and position was depicted subordinate to men in several cases of fiqh reasoning (e.g. the authority of father and grandfather in determining marriage for their daughter, the superiority of men over women in being a judge, and so forth) in the Taqrib book, Some kyai were aware of the women’s role and position in the social life equally. Hence, they maintain that the women’s role and position in the domestic and public environment should be recognized. This study thus emphasizes the need to re-read the fiqh reasoning on women’s role and position contextually. Keywords: woman's role and position, fiqh, Taqrib book.
Does Sharia By-Laws Damage Interfaith Harmony? The Case of Sharia By-Laws Implementation in Pamekasan, Madura
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (496.509 KB) | DOI: 10.21093/mj.v19i1.1869

Abstract

Since the beginning of the Reformation Era in 1998, Indonesia has been transforming itself into a more liberal polity than that of in the New Order Era. This political circumstance is characterized by the freedom of opinion and the decentralization of power. During this Reformation Era, many local regulations have been enacted. One of which was sharia by-laws or local regulation based on Islamic norms in some largely Muslim populated regions. This situation has triggered concerns about the impacts of sharia by-laws over the inter-religious harmony among a very diverse society of Indonesia. This study aims to evaluate the sharia by-laws implementation in Pamekasan, Madura, and analyze its implication for inter-religious harmony. By using a qualitative approach and phenomenological descriptive analysis, it reveals that there has not been found negative impacts on the implementation of sharia by-laws since its enactment in 2001 until today. The internal and external potentials of Pamekasan residents, arguably, have become the determinant factor in keeping the by-laws in line with inter-religious harmony. These potentials include cultural-deeply rooted social capitals such as friendliness, politeness, mutual respect, and helping others. Besides, dialogue among religious elites, which is facilitated either by local government or civilian organizations, is frequently conducted and this helps to create a conducive atmosphere for all despite the existence of sharia by-laws in Pamekasan, Madura.Keywords: sharia by-laws, interfaith harmony, social capitals.
Deterring or Entertaining? Can the Caning Punishment Execution in Aceh Meet its Objective?
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (50.756 KB) | DOI: 10.21093/mj.v19i1.2055

Abstract

This article probes whether the implementation of the caning sentence in Aceh may reach its objective of deterrent effect given the way the execution conducted. From the field observation, the flogging was not much different from entertainment. The mass gathered in one place to watch the execution; they include children, street vendors, researchers, and journalists. There was a stage, VIP seats for guests, loudspeakers, administrative arrangements, and the caning punishment procession. Using a qualitative research approach with an in-depth interview method, it seeks to understand how the community involved in the caning execution was and how the government was designed the sentence as such and why.  It finds that while the government saw the caning law as the implementation of Islamic sharia in Aceh, the people perceived its execution more as entertainment. The government has used the caning sentence execution as a demonstration of power, often for a political gain, because it emphasizes its presence not only as of the guardian of shari’a for Acehnese but also as a devout politician who keeps his political promises. Yet, little of this punishment deterrent effect conveyed to the society due to the way it was staged and executed.Keywords: Qanun Jinayat, Aceh, Caning Punishment, Stage, Entertainment, Deterrent Effect.
Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (431.275 KB) | DOI: 10.21093/mj.v19i1.2142

Abstract

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Keywords: constitution-making, Afghanistan, the 2004 Constitution, Islam clauses, Islamic.
From Usul Fiqh to Legal Pluralism: An Autoethnography of Islamic Legal Thought
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (490.534 KB) | DOI: 10.21093/mj.v19i1.2414

Abstract

This article seeks to introduce an autoethnography as a method in studying Islamic law. Through an autoethnography, a scholar could share a unique and subjective experience, which would not only contribute to the understanding of social phenomenon but also reflect on possible different situations upon knowing the reality. It not only makes a sequence of events and their interpretation, but it also asks readers to emotionally ‘relive’ the events with the writer of autoethnography. This article uncovers processes and dynamics of my own thought in approaching and comprehending law in Islam including topics such as usul fiqh and legal pluralism. It discloses the development of my research interest and scope, both nationally and internationally in the past three decades. The article argues that knowledge is not necessarily produced by research work. In fact, personal narratives are considered scientific in that they could contribute knowledge to what we know about the world in which we live. And, last but not least, personal stories are valuable if they could: 1) provide a legitimate claim or justification, 2) offer something new to learn, and 3) help other people cope with or better understand world issues.Keywords: autoethnography, Islamic law, legal pluralism, usul fiqh.

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