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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
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Search results for , issue "Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022" : 6 Documents clear
The Use of Marijuana for Medical Purposes: Between Normativity and the Principle of Islamic Law perspective Achmad Arif; Andini Rachmawati; Imam Kamaluddin; Nurjihan Naifah
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.4751

Abstract

The limited availability of drugs for rare diseases makes some people use various ways to get treatment. One of them is using marijuana as medicine. In Islam, marijuana is not written directly in the texts, but it can be studied with Islamic legal principles in determining its ruling. Therefore, this paper aims to review the use of marijuana for medical needs from the point of view of the principle of Islamic law “al-ḥukmu yadûru ma’a al-'illah wujûdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent). This study is library research sourced from the Islamic Jurisprudence references, then analyzed by the inductive method. The research results indicate that marijuana as a treatment is relatively new, and Islamic jurisprudence does not explicitly explain its legal use. Moreover, its use for health services is prohibited in the Narcotics Law. Marijuana in Islam is known to have an intoxicating cause that makes it haram (prohibited). The principle of Islamic law, “al-ḥukmu yadûru ma’a al-'illah wujûdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent), serves as an excellent guide to know when a law applies and when it is suspended. If there is a cause (‘illah), then there is a law; if there is no cause (‘illah), there is no law. However, the reason (‘illah) with marijuana is a type of common cause (al-'illah al-muta’addiyah) where the branches of law (far’u al-ḥukm) follow the original law. Therefore, the use of medical marijuana is still illegal. Islam allows treatment with forbidden materials (haram) only in emergencies following the terms and conditions of emergency (dharuriyat) in Islam. Keywords: Marijuana, Medical, the principle of Islamic law “al-ḥukmu yadūru ma’a al-'illah wujūdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent)
Pursuing Legal Harmony: Indonesianization of Islamic Law Concept and Its Impact on National Law Suud Sarim Karimullah
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.4800

Abstract

This study responds to a polemic on Indonesia’s formalization of Islamic law, which is inseparable from the dynamics of political authority and the internal views of Muslims. It seeks to describe, explore, construct, and analyze the ​​Indonesianization of Islamic law, as proposed by Kamsi, an Islamic law professor at Sunan Kalijaga State Islamic University of Yogyakarta, as one of the efforts to make Islamic law become the national law. The Indonesianization of Islamic law, namely by legislating or codifying Islamic law through the state system so that it is enforceable in Indonesia. This study is conceptual research using a legal philosophy approach to comprehend an Islamic legal thought from a sharia scholar using the content analysis method. The results of this study show that the concept of Indonesianisation of Islamic Law uses a modern knowledge system as the paradigm. This effort seeks to nationally legalize Islamic law through Indonesian legal instruments that can give birth to inclusiveness and tolerance coupled with pluralism with differentiation in unification. Its theoretical implication emphasizes a need for epistemological and axiological adjustments to realize the concept of Indonesianization of Islamic law. The idea should also apply nationally within the framework of Pancasila (the Indonesian state’s ideology) as a democratic country. Keywords: Kamsi, Indonesianization of Islamic Law, National Law.
Political Reorientation of Indonesian Sharia Economic Law: Legal Politic of Trade Law on Sharia Multilevel Marketing Tri Hidayati; Masyithah Umar; Fathurrahman Azhari
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.4971

Abstract

Sharia multilevel marketing is a part of Sharia economic activity that has not been internalized in Indonesian trade law. This article discusses the formation of legal norms for direct selling in Indonesia and analyzes the legal politics of establishing trade law against sharia multilevel marketing. This article is normative legal research that uses both statutory and historical approaches. The data for this study were sourced from literature and interviews and using the inductive method analysis. The findings are, firstly, the law of multilevel marketing in Indonesia, through the stages of regulation and legislation, aims to provide legal certainty and anticipate the practice of pyramid schemes. Second, in legal politics, the formation of national trade law is not responsive to the existence of a Sharia economic system, especially sharia multilevel marketing.
Politics and Islamic Laws in Indonesia (Case Study of Muslim Prayer Procedures During the Covid-19 Pandemic) Delmus Puneri Salim
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.5060

Abstract

Scholars have analyzed the increasing implementation of Islamic laws in Indonesia after the 1998 reform. They have shown that traditional Islamic laws practiced in the past are being implemented again today, such as caning in Aceh, hijab for women in West Sumatra, and the obligation of Qur’anic literacy in South Sulawesi. Few scholars show otherwise about rational and accommodating laws in contemporary Islamic laws. By analyzing fatwas, circulars, and instructions issued by three prominent Islamic institutions in Indonesia regarding the procedures for praying during the Covid-19 pandemic, this article shows, as Jeremy Menchik (2014) pointed out, that Islamic laws are changeable and can be influenced by science and government and non-government institutions. The Muslim prayer procedures during the Covid-19 pandemic show that while Islamic authorities are still crucial in managing Muslim societies, their interpretation of Islamic laws is subject to change from time to time. The results of this study imply that Islamic institutions and government and non-government institutions can work together in managing contemporary Muslim societies utilizing progressive interpretations of sharia. Keywords: Politics, Islamic laws, Covid-19, Islam, Indonesia
Mohammed Arkoun’s Thought on Sharia Deconstruction: A Historical and Anthropological Approach Makmun Syar'i
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.5131

Abstract

This article explores Mohammad Arkoun’s thoughts on understanding Islamic Sharia in the modern world. Arkoun’s thought differs from previous Islamic thinkers in analyzing Islamic texts. Arkoun exceeded the limit of traditional Islamic studies by utilizing several elements from Modern Western philosophy, social sciences, and humanities. Arkoun took this effort to realize his ambition, which was the combination of valuable thoughts from Islamic notions and modern philosophy. In the philosophy of Islamic law, the combination in line with the particular theorem stated: “al-muhāfaẓah `alā al-qadīm al-ṣālih wa al-akhdzu `alā al-jadīd al-aṣlah” (literary means keeping good old traditions and adopting a new better ones). Islamic sharia should be related to historical context. According to Arkoun, the traditional and textual paradigm in understanding Islamic sharia leads people to misunderstand Quranic interpretation. People sanctify Islamic thoughts instead of understanding the substantial meaning behind the Quranic texts. Arkoun called this phenomenon “taqdīs al-Afkār ad dīniyyah” (sanctifying religious thoughts). This study finds that Arkoun’s thoughts are close to an anthropological and historical approach. The Quranic interpretation has to look at both universal and particular texts of the Quran by deconstructing the logic and discourse that underlay the emergence of these texts. Keywords: Muhammad Arkoun, Quranic interpretation, sharia deconstruction, historical and anthropological approach.
Negotiating Muslim Interfaith Marriage in Indonesia: Integration and Conflict in Islamic Law Mohamad Abdun Nasir
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.5436

Abstract

Conflict can emerge from marriage involving parties of a different faith. However, interfaith marriage may also expose negotiation to secure the union. Although interfaith marriage is normatively restricted in Islamic law, it does occur. This study departs from the normative discourse of Islamic law and the empirical research of Muslim family law. It uses the theory of law, conflict, and integration to analyse the textual debates and practice of interfaith marriage in Lombok, Indonesia. This study reveals the patterns of Muslim interreligious marriage and the conversion that applies. The first pattern shows that non-Muslim partners convert to Islam before the marriage can be concluded. The second pattern involves Muslims who leave Islam to marry their non-Muslim partner. The third pattern suggests that each couple adheres to a different belief during the marriage even though the marriage contract was performed according to Islamic law. From the perspective of Islamic law, in the sense of sharia and Muslim family code, the first pattern is the most ideal because it follows these Islamic legal normativities. Although all practices have the potential for family and social integration, the second pattern is the most susceptible to conflict. Keywords: interfaith marriage, conflict, integration, Islamic law

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