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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
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Search results for , issue "Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025" : 8 Documents clear
Impact of Polygamy Practices in Urban Communities in Kramatjati, East Jakarta Aziz, Abdul
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.8978

Abstract

This study explores the dynamics of polygamous practices in the urban community of Kramatjati, East Jakarta, by assessing the impact of official permits and unofficial permits on family relationships and household harmony. The background of this issue discusses the influence of polygamy permits on family life in urban contexts, as well as the various challenges and conflicts that arise as a result of the practice. This article answers this question using an in-depth interview method with seven couples who practice polygamy, whether they have an official permit or not. The theories applied include family communication theory and conflict management. Research findings show that although official permits provide legitimacy, the success of polygamy practices in creating family harmony is highly dependent on internal management and the quality of communication between family members. Couples who have official permission but do not manage the relationship well experience significant tension and conflict, while well-managed couples show relatively stable harmony. In conclusion, formal permits are not enough to guarantee the welfare of the family; Effective management and open communication are the keys to achieving prosperity in the practice of polygamy. However, this does not mean that the researcher supports the practice of polygamy, but rather reflects the reality that occurs in the field.
Protection of Human Rights in the Framework of Global Judicial Reforms Gariaga, Oleg; Marchenko, Olena; Kuchynska, Iryna; Rieznikova, Viktoriia; Patsuriia, Nino
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9403

Abstract

The purpose of the article is to analyse the relationship between judicial reforms and human rights protection, especially in the light of global and international changes. The article examines how judicial reforms carried out in different countries, aimed at improving the efficiency, accessibility, and fairness of the judicial process, affect the exercise and protection of fundamental human rights and freedoms. The authors examine the case studies of Colombia and Turkey in the context of their judicial reforms to understand whether reforms are always sufficient to ensure human rights. Based on the study, it is established that reforms alone are not enough. Sustained political will and international influence are also needed. It is established that the protection of human rights in the context of global judicial reforms is a relevant and significant topic that requires attention and improvement in the modern world. Protection of human rights through judicial reforms only meets the needs of modern society.
Modernizing Zakat and Waqf Management in Indonesia: A Legal And Governance Perspective Nashirudin, Muh.; Razali, Ramadhan; Ulfah, Almira Keumala
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9419

Abstract

Zakat and waqf are vital tools for poverty alleviation in Islamic countries. However, their management often fails to keep pace with technological advancements, so legality and good governance cannot be seen directly by the muzakki. In Indonesia, the largest Muslim-majority country, the digitalization of zakat and waqf has emerged as a significant reform, supported by regulations to improve transparency, accountability, and efficiency. This study examines the integration of corporate governance principles in digital zakat and waqf management, focusing on the regulatory framework that governs these practices. Employing normative legal research, this study analyzes Indonesia’s Zakat Management Law (No. 23 of 2011) and the Waqf Law (No. 31 of 2004), alongside case studies of digital zakat and waqf platforms. The findings highlight that these regulations mandate technology to enhance monitoring, reporting, and fund distribution. Adopting corporate governance frameworks, including digital fundraising, real-time tracking, and performance audits, has substantially increased public trust and participation in zakat and waqf. Nevertheless, challenges remain, such as regulatory gaps in monitoring non-compliance and integrating private sector innovations. This research underscores the importance of strengthening regulatory oversight and adopting global best practices to optimize the socio-economic impact of zakat and waqf in Indonesia.
Islamic Legal Discourse and Gender Inclusivity: The Dynamics of Khunthā/Hijra and Transgender Identity in Bangladesh Hasan, Md. Mahdi; Mutaqin, Zezen Zaenal
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9584

Abstract

This paper critically explores the theological, legal, and sociopolitical distinction between traditional khunthā (intersex) and contemporary socially constructed transgender identities within the framework of Islamic jurisprudence, focusing on the Bangladeshi context. By engaging with classical and contemporary Islamic legal texts, religious interpretations, legal precedents, scholarly works, media representations, and public discourse, the study argues that the conflation of khunthā (often culturally aligned with hijra) and transgender identities in public narratives—particularly in education and media—has led to widespread confusion, societal backlash, and policy resistance. While khunthā has traditionally been recognized in Islam as part of divine creation (aṣl al-khilqah), transgender identity—defined as a divergence from one’s biological sex—is often perceived as altering God’s creation (taghyīr al-khilqah) and thus faces greater religious and social resistance. This paper also addresses concern about unverified gender identity claims, citing incidents where individuals falsely claimed gender status, resulting in misuse of institutional provisions and violations of women’s safety and privacy in gender-segregated spaces. The study suggests that future policy initiatives on gender inclusivity in Muslim-majority countries like Bangladesh should clearly distinguish between traditional legitimate gender and socially constructed gender identities in order to uphold religious and ethical values and prevent misuse in gender-segregated spaces.
Advancing Halal Creative Industry Exports: Strengthening Advocacy and Codification in HPPA Performance to Boost Indonesia's Economic Growth Fatchurrohman, M; Takhim, Muhamad; Irhamni, Muhammad Ricza
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9593

Abstract

The growing global demand for halal products presents promising opportunities for economic development. However, there are still significant gaps in the standardization of the halal certification process, especially in terms of aligning with the provisions of Islamic law for international export purposes. The role of the Halal Product Process Assistants (HPPA) in establishing credible and Shariah-compliant export standards remains unexplored, posing challenges in integrating halal certification into the global supply chain. This research examines how HPPA can strategically contribute to developing a globally recognized halal certification system that is in line with Islamic law. It also aims to assess the role of Islamic law advocacy and technology in strengthening international halal standards. Using qualitative methods inspired by Spradley's ethnographic approach, this study engaged key informants- recognized experts and stakeholders- through focused, open-ended interviews. The study revealed that Islamic law-based halal certification significantly improves the marketability of halal products globally by fostering consumer confidence and regulatory alignment. HPPA's strategic engagement, legal advocacy, and technological innovation can drive creative economic growth and facilitate the integration of halal products into international markets.
Harmonisation Between DSN-MUI Fatwas and OJK Regulations: Towards an Innovative and Inclusive Sharia-Compliant Fintech Ecosystem in Indonesia Suaidi, Suaidi; Mun'im, Zainul; Astuti, Sriyati Dwi; Riyadi, Ivan; Khabibah, Siti; Huda, Nurul
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.10032

Abstract

Since 2018, Sharia FinTech in Indonesia has grown significantly through platform-based innovations combining Islamic contracts and digital technology. The development of this industry is influenced by ongoing efforts to harmonize DSN-MUI fatwas with OJK regulations, aiming to enhance Sharia compliance and legal certainty. Through DSN-MUI fatwas (2008–2021) and POJK regulations (2016, 2022), religious and state authorities have worked to enhance legal certainty and consumer protection in the Sharia-based digital finance sector. This study adopts a qualitative approach through literature-based document analysis to examine how DSN-MUI fatwas and OJK regulations contribute to developing the Sharia FinTech industry. The research findings indicate that while fatwas offer normative guidance for Sharia compliance, challenges persist in areas such as financial literacy, technological readiness, and regulatory oversight effectiveness. The findings suggest a need for clearer regulations, improved public education, and more effective use of technology to enhance the transparency and efficiency of Sharia financial services. Stronger collaboration between financial regulators and religious institutions can improve the capacity of Sharia FinTech to support financial inclusion and contribute to sustainable growth in the Islamic economy.
Cash Waqf in the Halal Blue Economy Sector: A Comparative Study of Indonesia and Malaysia Ishom, Muhammad; Muttaqin, Entol Zainal; Atikah, Ika; Ghazali, Nasrun Mohamad; Rohmawati, Cucum
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.10035

Abstract

This study aims to investigate the potential and difficulties of using cash waqf-based sukuk in the growth of the halal industry in the maritime sectors of two nearby nations, Malaysia and Indonesia. Green and blue sukuk have been combined in both nations to aid in the government's endeavors to accomplish the Sustainable Development Goals (SDGs). The main topics of this study's comparative analysis of the policies and strategies in both nations are the implementation mechanisms of cash waqf in supporting blue economy projects and the opportunities and problems encountered. Direct stakeholder observations, interviews, and focus groups in Malaysia and Indonesia provided the research data. Although each nation has a unique method of implementation and regulation, the research findings demonstrate parallels in using cash waqf for sustainable economic growth. Although the integration of green sukuk into blue sukuk has not yet been optimally implemented due to political and theological factors, two Muslim nations with the largest populations and the largest maritime territories have also become pioneers in using cash waqf among Muslim nations worldwide.
Negotiating Islam, Democracy and Pluralism: Islamic Politics and the State in Post-Reform Indonesia Krismono, Krismono; Abdi, Supriyanto; Syahmirwan, Syahmirwan
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.10078

Abstract

The question of how democratic states navigate religious aspirations remains central in Muslim-majority societies. In Indonesia, this relationship has followed a nonlinear trajectory shaped by political alliances, institutional asymmetries, and ideological transformations. This article explores how successive governments—from Habibie to Joko Widodo—have managed the complex intersection of Islam, democracy, and pluralism. Using a qualitative comparative approach, it identifies shifts in state strategies toward Islamic political expression, ranging from symbolic inclusion to legal restriction and bureaucratic regulation. The concept of contested accommodation is proposed to explain how Islamic norms have been selectively engaged, redirected, or constrained through evolving institutional mechanisms. While some administrations prioritized inclusive pluralism, others aligned with conservative religious agendas. Populist religiosity, transnational influences, and media amplification further shaped the policy landscape. The findings suggest that Islamic political expression in Indonesia is neither fully absorbed nor rejected, but continually renegotiated. Pluralism, in this context, is sustained not through ideological consensus but through ongoing recalibration within democratic institutions.

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