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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 6 Documents

Search results for , issue "VOLUME 20, ISSUE 1, JUNE 2021" : 6 Documents clear

Maqasid al-Shari’ah in Islamic Law Renewal: The Impact of New Normal Rules on Islamic Law Practices during the Covid-19 Pandemic
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The vast and multidimensional impact of the Covid-19 pandemic has forced all countries to establish policies to prevent the transmission of Covid-19, including Indonesia. Not a few countries are not ready to make decisions to find new, more effective ways to prevent Covid-19. In Islamic law, ijtihad is part of lawmaking in the implementation of worship and muamalah, which solves problems that arise and mitigates policy implementation. This article uses a normative juridical approach to the issue because it can showcase the benefit of Islamic law for humans. Moreover, it aims to generate ideas in the renewal of Islamic law, especially in the implementation of worship and muamalah (social transaction/relation), and inform the government to make decisions that intersect with Islamic law during the Covid-19 pandemic. The focus of this research is how does covid-19 affect the practice of Islamic law in worship and mu`amalah? This study finds that government policies and regulations are currently in line with Islamic law. The most critical considerations in determining the compatibility of government policies and rules with shari’a are maintaining the soul’s safety, maintaining the continuity of religion through rukhshah, and maintaining the economy. Also, the Islamic rulings (fatwa) issued by ulama in response to government policies and rules are expected to guide worship and mu`amalah, build awareness and solidarity of Muslims, and relate to the people’s economy today.

Applying Hirāba in Islamic Criminal Law to Curb Armed Banditry in the Zamfara State of Nigeria: Opportunities and Challenges
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The paper investigates the armed banditry that engages in the highway robbery attacking villagers and travelers in the Zamfara state of Nigeria. The paper aimed at examines hirāba in Islamic criminal law and the penal code of the state for the possibility of applying the provisions to curb armed banditry in the state. The paper is a Sharia study; thus, the descriptive-analytical method was followed. Opinions of four Sunni schools are relied on in most cases. In addition, academic works of contemporary jurists and thinkers in journals were extensively consulted. The critical studies of jurist’s definitions of hirāba revealed that the crime of hirāba comprises maritime piracy, aircraft hijacking, armed banditry, kidnapping, and any act of destroying society. Zamfara state, which first reintroduced the Islamic criminal system, witnessed maximum security between 2000 and 2009 because there is a political will to enforce Islamic law. Although it is alleged that Sharia was supposed to bring joy but brought bandits to the state, while the study revealed that armed banditry started around 2009, sharia implementation is not responsible for the insecurity. The paper concludes that the practical solution is the enforcement of new Sharia in the region.

Fiqh Across Madhhabs: An Alternative to Pesantren Students’ School of Thought Exclusivism in the Post-Truth Era
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The schools of thought (madhhabs) within fiqh (Islamic jurisprudence) are one of the ijtihad products explored by qualified Muslim jurists by using a particular methodology to produce Islamic laws, which Muslims then follow. The problem with established madhhabs in Islamic law is when a madhhab follower becomes exclusive and does not want to accept the differences of opinion. Islamic boarding schools (Pesantren) are a medium for developing a deep understanding of Islam and, thus, play an important role in reconstructing the learning of inclusive fiqh. This article aims to explain the meaning of the school of Islamic law exclusivism, solutions, and their impact in the post-truth era. It indicates that the school of Islamic law exclusivism is a form of madhhab fanaticism that only teaches and applies certain madhhab to influence the self-justification of their madhhab and considers those who are different from it are wrong. Hence, this article argues that fiqh-across-madhhab learning is the solution since students are taught all schools of Islamic law, the causes of their differences, and the basis for the arguments used by each eponymous madhhab (Imam). As a result, there will be developed an inclusive understanding in accepting the truth and does not make individuals fanatical and radical in religion.

Unfulfilled Guarantees: Impacts of Law and Regulations Concerning Inter-Religious Relations on Religious Freedom in Indonesia
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The condition of interfaith relations in Indonesia faces many challenges as intolerance increasingly occurs in various regions. The action can be seen from various violations of freedom of religion and belief, the prohibition of establishing houses of worship, and violence against minorities. One of the causes of these problems relates to the law and several regulations in interfaith relations in Indonesia. This article tries to look at the regulations and legal aspects of interfaith relations and their impact on the conditions of diversity in Indonesia. Using an empirical-legal approach, this article explores legal materials and phenomena related to the interfaith relation in Indonesia. This article reveals that the Constitution has been firmly guaranteeing and protecting all citizens from expressing their beliefs. Nevertheless, several cases show a contrary of the law objectives on interfaith relations in Indonesia. Moreover, in some particular cases, the state seemed to be absent in the locus of incident and favor of freedom violation victims instead.

Moderate Islamic Jurisprudence: Study of Muhammadiyah's Decision on Changes in Criteria for Fajr Prayer Time
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

This article aims to look at the new criteria decided by Muhammadiyah regarding the beginning of Fajr prayer time, which was seen through the conception of religious moderation (wasatiyah) in Indonesia. This issue relates to the decision regarding the change in the criteria from -20 degrees to -18 degrees due to an 8-minute difference from the common schedule used in Indonesia. This decision resulted in a long process that started from public unrest, discussed in the 27th National Conference of Muhammadiyah. Still, it could not be realized, then Muhammadiyah conducted a comprehensive fiqh study and appointed 3 main institutions to conduct studies astronomically. After the XXXI National Conference on Tarjih, Muhammadiyah finally decided to change this criterion through the principle of wasaṭiyyah; there is nothing wrong with this ijtihad jama`i carried out by Muhammadiyah, but Muhammadiyah does not appear to be balanced and fair in using the research results of the institutions that have been appointed, besides that Muhammadiyah also does not consider other important research outside Muhammadiyah. In the context of wasaṭiyyah, these different principles need to be resolved. The solution to unification itself must be given to the country’s religious authorities. The government is also required to fix criteria and conceptions to maximize that union effort.

Safeguarding Women’s Constitutional Rights in the Judicial Reviews of Marriage Law on the Minimum Married Age Limit
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The Constitutional Court seems inconsistent when examining the same legal issue, i.e., the constitutionality of the minimum married age limit for women, but with different decisions. In the 2014 decision, the Court rejected the petition, while in the 2017 decision, the Court accepted it. This paper analyzes the considerations of constitutional judges in deciding the case to understand whether women’s constitutional rights have been protected in both decisions. Using the case and statutory approach, this article concludes that the 2014 decision rejecting the petition to increase the minimum married age limit for women does not fulfill women’s constitutional rights. Sixteen years old as the minimum age limit for women and nineteen years for men is discriminatory and deprives girls’ rights to health and education. The judges’ consideration in the 2017 decision, which granted the petition, was that determining the minimum married age limit is a legal policy. Still, if the policy contradicts the 1945 Constitution, citizens can challenge its constitutionality. The Marriage Law is a past product, so it needs to be adapted to developments and the 1945 Constitution’s norms. The difference in the Constitutional Court’s decisions on examining the same issue is due to different interpretations and efforts to protect the constitutional rights of citizens.

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Home Page

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Editorial Team

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Reviewer

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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

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

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