Mazahib: Jurnal Pemikiran Hukum Islam
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.
Articles
235 Documents
<![CDATA[Naẓariyāt al-Ḥiyal fi al-Usrah al-Muslimah ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (811.188 KB)
|
DOI: 10.21093/mj.v15i2.633
<![CDATA[This article discusses ḥilah (plural: hiyal) or stratagem in Islamic family law. Hilah is one of the most important concepts in Islamic jurisprudence (fiqh). Hilah is simply defined as an attempt to manipulate the law and replace it with other rules without losing the essence of the law. The question that arises is what is the ruling of legal engineering in Islam? By means of normative study, this article presents the legal opinions regarding hilah in Islam. This study reveals that hilah can be divided into two kinds: Hilah Jaizah (allowed hilah) and Hilah Muharramah (forbidden hilah). Hilah jaizah is allowed in Islam by looking at certain conditions. In the context of Islamic family law, hilah can be done in such following conditions as: the bride's requirements of her prospective husband so as not to committing polygyny, and if that happens then the wife may sue him for divorce. Other conditions include when someone is allowed to admit to be infidel (kafir) for the sake of his/her family safety. Meanwhile, a case of hilah muharramah is doing tahlil marriageKeywords: Ḥilah in Islam, Islamic family law]]>
<![CDATA[Al-‘Alāqah baina Ushūl al-Fiqh wa Maqāshidi al-Sharīah wa al-Da’wah ilā Ta’sīsi ‘Ilmi al-Maqāshid ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (647.767 KB)
|
DOI: 10.21093/mj.v15i2.634
<![CDATA[The study of Maqāshid sharīa is an important point in the discussion of Islamic legal theory (ushūl al-fiqh). Serious debates began to emerge in the 19th century among Islamic jurists concerning the position of maqāshid sharīa. At least, there are three important debates in the history; first, whether maqāshid is part of the discussion ushūl al-fiqh; second, is maqāshid sharīa built upon a foundation of classical Islamic jurisprudence (fiqh); and third, whether the maqāshid sharīa study is able to become an independent science that is separated from the study of classical Islamic jurisprudence. This article tries to present a discussion of the three paradigms by employing a descriptive-analytic method. The results of this study uncover that the study of maqāshid sharīa is like two sides of one coin; theoretically it is a distinctive study from ushūl al-fiqh, but it cannot be separated from one another. Ushūl al-fiqh has become the foundation to find out more details about the study of maqashid sharia. The separation between classical Islamic jurisprudence (fiqh) and maqāshid sharīa study conducted by Islamic jurists is a relative separation. Keywords: Ushūl al-fiqh, maqāshid sharīa, separation between Ushūl al-fiqh and study of maqāshid sharīa.]]>
<![CDATA[Nikah dan Rujuk di KUA Samarinda: Implementasi Peraturan Pemerintah Nomor 48 Tahun 2014 Tentang Tarif Atas Jenis Penerimaan Negara Bukan Pajak ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (611.3 KB)
|
DOI: 10.21093/mj.v15i2.635
<![CDATA[The implementation of Government Regulation No. 48 Year 2014 concerning the Tariff of Non Tax Revenue which revises the Government Regulation No. 47 of 2004 has become an important topic in marriage bureaucracy in Indonesia. Changes in these regulations include the rate or cost of marriage and marriage reconciliation, from IDR 30,000, - to IDR 600,000, - as long as the marriage solemnization is performed outside the Religious Affairs Office (KUA) or beyond the KUA business hours. As for marriage solemnization performed in the KUA, the charge fee is IDR 0.00. This zero rupiah rate also applies to citizens who are economically less fortunate as well as victims of disasters. After one year of its implementation, some questions arise regarding the efficacy of these regulations. By employing three case studies of KUAs in Samarinda Seberang district as a research strategy, this study aims to assess how far is the implementation of the regulation in the KUAs and what sorts of constraints encountered. The study finds that all of the procedures of payment and the cost of marriage and marriage reconciliation in the three KUAs of Samarinda Seberang is in accordance with the provisions of the regulation. However, there are two main obstacles experience: first, the time period for cashing marriage and marriage reconciliation fee is pretty long that it renders difficult for the KUAs to function; second, the lack of marriage registrars who serve in every KUA in Samarinda. These obstacles are needed to be addressed by the Ministry of Religious Affairs in order to better serve the society. Keywords: mariage and mariage reconciliation in Indonesia, Religious Affairs Office in Samarinda, Government Regulation No. 48 Year 2014 concerning the Tariff of Non Tax Revenue.]]>
<![CDATA[Ketiadaan Daluwarsa Penuntutan dalam Hukum Pidana Islam dan Pembaruan Hukum Pidana di Indonesia ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (438.825 KB)
|
DOI: 10.21093/mj.v15i2.643
<![CDATA[A statute of limitation is the passage of specified number of years that become the reason for abolishing of criminal penalties against someone who has committed a criminal act. Basically, all the perpetrators of criminal acts should be prosecuted in a criminal court to face trial, but there are things which abolish criminal prosecution such as the statute of limitation. In order to reform the criminal law, it must necessarily be carried out by reconstructing underlying ideas of such reformation, that is the materialization of justice. One of the ways to do so is by including the concept of absence of the statute of limitation as adopted by the concept of Islamic criminal law. This paper argues that the statute of limitation enshrined in the Criminal Code gives more emphasis on the rule of law, while the absence of the statute of limitation in the Islamic Criminal Law give more emphasis on the fairness and certainty. Achieving justice is not limited by time; whereas certainty is limited by the availability of valid evidence. To that end, the introduction of the concept of absence of statute of limitation into positive law is necessary to ensure that justice which is the main purpose of law enforcement. In addition, the introduction of this Islamic criminal law concept is also a strategic move to make Islamic law a part of the positive law in Indonesia.Keywords: A statute of limitation, Jinayah in Islam, criminal law in Indonesia]]>
<![CDATA[Pendekatan Istishlāhi dalam Ijtihad Abu Bakar Al-Shiddiq ]]>
<![CDATA[ Mazahib VOLUME 16, ISSUE 1, JUNE 2017 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (728.508 KB)
|
DOI: 10.21093/mj.v16i1.678
<![CDATA[Abstract:This article discusses how one of the most important figures in the history of Islam, the Caliph Abu Bakr al-shiddiq, solved the problem of Islamic law. As a literature-based study, this article focuses on solving legal issues that have no implicit basis in the Qur'an because of the different times between the life of the Prophet Muhammad and the Caliph Abu Bakr as-Siddiq. It then attempts to analyze the method of ijtihad employed by Abu Bakr as-Siddiq. This article has significance in assessing methods of resolving contemporary legal problems that have no legal basis found in the source of Sharia especially in the Qur’an. This study is certainly relevant to the present conditions which have different circumstances compared to that of when the Qur'an was first revealed. It thus reveals that Abu Bakr al-Siddiq used the istishlāhi (consideration of public welfare) approach, which makes the mashlahat (public welfare) a reference in the knowing the God’s law on a human act (ijtihad). The mashlahat approach adopted by Abu Bakr al-Siddiq guided by the general spirit of the text of the Qur'an and the traditions of Prophet Muhammad. In addition, this mashlahat approach also comes from other ijtihad methods such as ijmā', qiyās and mashlahah mursalah. The ishtishlahi approach in ijtihad Abu Bakr as-Siddiq can be seen in the case of possibility of collecting the Koran, the establishment of financial and judicial institutions, fighting the apostates and anti-zakat. In such cases, it is concluded that ijtihad cannot be performed by one method alone; it takes many approaches that ultimately leads to the consideration of public benefits.Keywords: Istishlāhī approach, ijtihad, Abu Bakar al-Shiddiq ]]>
<![CDATA[Polemik Usia Hewan Aqiqah: Studi Komparasi Pendapat Imam Madzhab Hukum Islam ]]>
<![CDATA[ Mazahib Volume 16, Issue 2, December 2017 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1224.117 KB)
|
DOI: 10.21093/mj.v16i2.679
<![CDATA[This article seeks to explore about the normative age of animals sacrificed in the aqiqah process. Aqiqah is Islamic terminology which signifies the sacrifice of an animal on the occasion of a child's birth. This normative study is based on the phenomenon of the sacredness of the aqiqah process that every economically capable parent is required to do. Several questions arise related to the phenomenon: is the type and age of animals sacrificed for aqiqah equal to the sacrificial animal requirements slaughtered on the day idul adha? How did the jurists of the Islamic school of law base their arguments on the age of aqiqah animal? The study finds that there is hardly any fundamental difference from classical scholars about the age of aqiqah animals. The results of this study confirm that animals can be slaughtered as aqiqah when it reaches the age of al-tsaniy/tsaniyah/musinnah except for sheep which is sufficient with the age of al-jadza’/jadza’ah. Nevertheless, some Islamic jurists, though a minority, say that aqiqah animals slaughtered below the age are still valid and counted as rewards for the parents.Keywords: Islamic law, aqiqah in Islam, age of animals sacrificed in the aqiqah, al-tsaniy and al-jadza’]]>
<![CDATA[Undemocratic Response Towards "Deviant" Judgement and Fatwa: Sunni-Shiite Conflict in Sampang, Madura, East Java ]]>
<![CDATA[ Mazahib VOLUME 16, ISSUE 1, JUNE 2017 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (526.739 KB)
|
DOI: 10.21093/mj.v16i1.768
<![CDATA[AbstractThe study discusses how civic groups have judged other as "deviant" in the case of Sunni-Shiite conflict in Sampang, Madura, and how the state has responded to it. The term “deviant” has been an important subject to study in Indonesia because it helps us to understand how certain communities other the others who are different in terms of religious understandings. This article argues that the state has undemocratically responded towards several groups’ judgment on Shiite in Sampang of being deviant; while Shiite community in Sampang are Indonesian citizen who are subject to the state protection. This situation is further exacerbated by the MUI recommendation to the state to stop Shiite community from practicing their rituals, as it clearly violates religious freedom and democracy. This study uses secondary data in the forms of the MUI fatwa, Tajul Muluk case documentation in Catatan Keberagamaan by Center for Religious and Cross-cultural Studies, and the conflict escalation narration by previous scholars. As a study focused on the dynamic of the conflict, this paper helps scholars, activists, and government critically comprehend the relation between the state and civic groups before and during conflict escalation. Further, it becomes critical analysis towards the implementation of democracy in Indonesia.Keywords: Sunni-Shiite conflict, deviant sects in Indonesia, fatwa, Democracy]]>
<![CDATA[Musykilah al-I’tidā ala al-Mahārim fī Malaysia: Tahqīqu Ahammiyati Qīmah al-Isti’dzān fi al-Islām wa Jawānibuhā al-Tarbawiyyah ]]>
<![CDATA[ Mazahib VOLUME 16, ISSUE 1, JUNE 2017 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1317.452 KB)
|
DOI: 10.21093/mj.v16i1.773
<![CDATA[The problem of incest, including its incidence among Muslim societies, is one of the major legal cases faced by lawyers in Malaysia. Incest cases are often hidden because they are considered a disgrace of the family and society that cannot be forgiven. As a result, justice for the victims is difficult to enforce, and the case continues to occur because the law is considered not able to ensnare the perpetrators (deterrence effect). One researcher found that among the causes of incest is the ignorance of Islamic law in everyday life, especially in applying the values of "isti'dzān" (asking for permission). The concept of "isti'dzān can keep the soul and human behavior from falling into social problems. This is because the private territory (space and time) of family members, who live in the same house, including their modesty in dressed in the house, has been regulated by Shari`a in such a way. This paper is an analysis of the legal philosophy of the concept of "isti'dzān" in relation to the incidence of sexual intercourse, and the possibility of its application among Malaysian Muslim society. This paper concludes that applying the concept of asking permission to enter the private territory of family members living in the home is important to maintain the honor of each family member. This is very likely applied in Malaysian Muslim society through religious education on "isti'dzan" in schools or places of worship. With "isti'dzan" and keeping the modesty at home, it is expected that incidents of sexual intercourse can be prevented.Keywords: Islamic permission value, Islamic educational aspect,incest problem]]>
