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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 8 Documents
 1 
Search results for , issue "VOLUME 4, ISSUE 2, DECEMBER 2007" : 8 Documents clear
IJTIHAD AL-ILMI AL-‘ASHRI: MODERN SCIENTIFIC IJTIHAD
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.502

Abstract

All problems faced by Muslim in the contemporary life must be answerable in Islamic law. The Koran and the Prophet tradition have given general principles in many aspects so that it is untenable to say that there is no answer for a problem. In addition, the development of Islamic studies has opened the opportunity for nowadays Muslim to carry out ijtihad either individual ijtihad, collective ijtihad or thematic ijtihad. Yet, in order to realize this, Muslims have to study classical Islamic jurisprudence critically. This is done by studying a thought contextually, i.e. by carefully examining where and when an Islamic scholar lived.
DINAMIKA FIQH DI INDONESIA (Telaah Historis Lahirnya Fiqh Keindonesiaan)
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.503

Abstract

The rise of Indonesian-Islamic jurisprudence proposal originates from the concerns that available Islamic jurisprudence has put to much emphasis on Arabian context so that it needs to be localized and contextualized. In general, there are two themes of Islamic law reformation in Indonesia: first, returning to the true message of Koran and Sunnah; second, Indonesiazing existing Islamic jurisprudence. The former is carried out by purifying Islamic rituals from non-Islamic elements, opening the gate of ijtihad, eliminating uncritical obedience to the school of law, allowing eclecticism through comparative study. The latter is conducted, among other things, by making customary law as a source of Islamic law in Indonesia.
UPAYA LEGITIMASI SYARI’AT ISLAM DALAM HUKUM NASIONAL (Dialektika Sejarah UUD 1945 dan Piagam Jakarta)
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.3 KB) | DOI: 10.21093/mj.v4i2.504

Abstract

This article is to discuss the role of Islamic law in Indonesia. In particular, it will analyze the history of Jakarta Charter during the process of 1945 Constitution drafting. Jakarta Charter was a proposal from the subcommittee of the Investigating Committee for the Preparation of Indonesian Independence (BPUPKI) to resolve the controversies around Islam’s role in the state in 1945.  It proposed to add several additional words to the first principle of Pancasila “Belief in God,” namely “with the obligation for adherents of Islam to carry out Islamic law.”  This addition made reference to the enforcement of Islamic law in Indonesia.  The Jakarta Charter was intended to serve as the preamble of the 1945 Indonesian Constitution.  Yet, since it comprised the crucial phrase the concept of unity of newly established Indonesia, which is very pluralistic in nature, the Jakarta Charter was dropped from the preamble of the Constitution in 1945.
HUKUM KEWARISAN ISLAM DI INDONESIA (Analisis Terhadap Buku II Kompilasi Hukum Islam)
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.505

Abstract

The compilation of Islamic law (KHI) consists of three books: book one concerns of marriage; book two concerns of inheritance, and book three concerns of religious endowment. Unlike book one and book three which have other legislation regulating them i.e. Law No. 1/1974 of marriage, Government Regulation No. 9/1975 of marriage and Law No. 41/2004 of religious endowment, book two of the KHI have no other supporting legislation whilst articles available in the book two are very limited. Hence, there are many jurisprudential questions left by the KHI with regards of Islamic inheritance in Indonesia.
POLIGAMI DALAM PERSPEKTIF ASGHAR ALI ENGINEER DAN RELEVANSINYA DENGAN KONTEKS INDONESIA
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.506

Abstract

Polygamy has become a polemic among Islamic jurists (fuqaha’) since the classical era of Islamic jurisprudence. The core polemic lies on the issue whether polygamy is permitted, prohibited or permitted with some requirements. This article is to analyze Ashgar Ali Engineer’s opinion on the legal status of polygamy. According to Ashgar, the al-Nisa chapter : 3 concerning about  polygamous permissibility must be construed in the light of the al-Nisa chapter : 1 which concerns of doing justice to orphans. This understanding then suggest, Asghar further argue, the permissibility of polygamy is contextual in Islam. Thus, it is possible that its implementation in Muslim country is strictly limited as long as the context where Muslims live required so.
BISNIS DALAM PERSPEKTIF ISLAM (Telaah Aspek Keagamaan dalam Kehidupan Ekonomi)
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (280.339 KB) | DOI: 10.21093/mj.v4i2.507

Abstract

Business in Islamic perspective is not only simply material ends but also immaterial ones. Given this, business in Islam must be carried out professionally and compatible to Syariah values. This is so since business in Islam has two dimensions: vertical and horizontal. The Koran therefore has offered the concept of business without loss (tijaratan lan taburra) to all businessmen, i.e. despite losing financially, yet making a profit in the form of religious rewards. Accordingly, this kind of business can only be acquired by observing carefully the vertical and horizontal dimension of business in Islam.
STUDI TENTANG AMIL ZAKAT
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.508

Abstract

Amil zakat is the collector of zakat (obligated Islamic charity) from the zakat payers and the distributors of zakat to the beneficiaries assigned by the government. This concept come from the tradition of the prophet and the practices of caliph. As the collector of zakat, amil zakat is entitled to get 1/8 from the collected zakat fund. Others say that amil zakat is entitled to a salary, and this can be issued from the collected zakat or from the Islamic treasury.
TINJAUAN SYARIAH TERHADAP BADAN HUKUM KOPERASI UNTUK BAITUL MAL WAT TAMWIL (BMT)
Mazahib VOLUME 4, ISSUE 2, DECEMBER 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.152 KB) | DOI: 10.21093/mj.v4i2.509

Abstract

The improvement of Islamic financial institutions in Indonesia has been grown rapidly. The alternative form such as Baitul Mal wat Tamwil (BMT) is needed to serve this group. The interesting point of BMT is that institution has any relationship with the Cooperative Departement of Indonesia, because the majority of BMTs are based on cooperative form. There were relevant basic concept relationships between cooperatie and BMT management but there was a fundamental different between ooperative and BMTs that is the practice of “Riba”.

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