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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 235 Documents

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Stabilizing Muslim Marriages: Some Reflections on Ethical Dimension of Family Law Reform
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : UINSI Samarinda

Marriage breakdowns and family instability with their debilitating after-effects on women and children are the hallmark of greatly mechanized global community at present time. To remedy the situation, social scientists have diagnosed a multitude of variables as the precursor for the upward trends in marriage breakdowns and family disintegration. In Malaysian context, women`s financial independence, easy access to multimedia and early marriage are among the factors which account for the rising phenomenon of divorce even during the early years of marriage among Muslims. To remedy the situation, marriage counseling, law reform and pre-marriage courses are mostly emphasized by both mainstream legal scholars and women right activists. It is my considered opinion that these formalistic approaches if not integrated with the emphasis on ethical side of Islamic law may cause more marriage breakups than enhancing families. The bigger issues in terms of ethical management of Muslim family, such as marriage fidelity, sense of commitment to care for women and children, and spousal mutual empathy and responsibility may help a great deal in acculturating our society from early childhood to adolescence and through adulthood. The paper, therefore, argues for the more concentrated ethical approach for addressing the underlying causes of marriage disability in order to give more effect and meaning to the existing formalistic social and legal measures by reforming Muslims` mindset and outlook towards family. Keywords: family disability and marriage breakdowns in Malaysia, ethical management.

A Reflection on Women Attire in The Quran; A Study On Ayat Al-Hijāb
Mazahib Volume 16, Issue 2, December 2017
Publisher : UINSI Samarinda

Hijab, jilbab or khimar known as a piece of garment which usually worn by Muslim women in order to obey their God. It becomes a symbol that shows their identity. Besides, Hijab has a particular meaning according to multiple perspectives which resulted variant styles and types of hijab in one community, with or without syari’ah compliance. Fashion trends also plays the role in modifying women attire and the issue about this seems more complicated since the guidelines were avoided. This paper will goes through the commentaries of Qur’an to examine the requirements of proper women attire as mentioned specifically on ayat al-hijab. It results that Qur’an already put some guidelines on proper attire for Muslim women such as: the garments used to cover body parts is must be long, wide and thick enough. Not being overdressed also included as a requirement.Keyword: Hijab, Women Attire, Syari’ah compliance, Islamic Dress Code.

Pengaturan Tindak Pidana dalam Qanun Aceh: Komparasi Antara Qanun No. 12, 13, 14 Tahun 2003 dengan Qanun No. 6 Tahun 2014
Mazahib Volume 16, Issue 2, December 2017
Publisher : UINSI Samarinda

The authority of the implementation of Shariah given by the Government of Indonesia to the Government of Aceh is the Shari'a in a broad sense, namely the guidance of Islamic teachings in all aspects of life. Consequently, it then includes the implementation of Islamic criminal law in the form of qanun (laws established by Muslim sovereign) in Aceh. Yet, its application was limited to certain aspects of offences in Islam, and its drafting as well as deliberation were hasty. They were Qanun No. 12 (Khamr / consumption of liquor), 13 (Maisir / gambling) and 14 (Khalwat / being alone with someone of the opposite sex who is not a spouse or a relative) which were adopted in 2003. the selection of these three qanun was not without reason. The first reason, these three types of offences are a form of immoral deeds in the Shari'a and are very disturbing community, but have not been handled properly. Secondly, the euphoria of the society in the form of extra-judicial sentences by the people against these three types of offences. To prevent vigilantism, the aforementioned three qanun were enacted as a form of anticipation of the various chaoses in the Aceh community. This study examines the weaknesses contained in the Qanun 12, 13 and 14 Year 2003 and how the new qanun no. 6 Year 2014 concerning Qanun Jinayat Aceh overcome them. This paper argues that the weaknesses that exist in the old qanun have been covered by new qanuns because of more attention to the theory of Islamic law, the principle of Islamic criminal law, and, even to some extent, the principles of human rights were given in its deliberation.Keywords: Qanun, Khamar, Maisir, Khalwat, Jināyāt.

The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems
Mazahib Volume 16, Issue 2, December 2017
Publisher : UINSI Samarinda

This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation); and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES), do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis) in Islamic history which on a certain level similar to the role of judges in common law system.Keywords: Sharia Judges’ Role, Legal Profession, Bureaucracy, Common Law System, Civil Law System

Subject and Author Index
Mazahib VOLUME 16, ISSUE 1, JUNE 2017
Publisher : UINSI Samarinda

Gerakan Salafiyah: Islam, Politik dan Rigiditas Interpretasi Hukum Islam
Mazahib Volume 16, Issue 2, December 2017
Publisher : UINSI Samarinda

Salafiyah lately has become the scourge of modern states because the banality of their interpretation of Islamic law is considered rigid and not in line with the global world that is increasingly plural. This article attempts to discuss the various variants of salafism and the purpose behind its militant movement. The fundamental question in this article is about the purpose behind a non-compromising understanding of other understandings that are different from the Salafiyah. This article first describes some variant of Salafism, namely: al-Salafiyah al-Tārīkhiyah, al-Salafiyah al-Wahābiyah, al-Salafiyah al-Ishlāhiyah, al-Salafiyah al-Ta’sīliyah dan al-Salafiyah al-Jihādīyah al-Takfīriyah, and then analyze what the similarity of theological traits of these variant. This study confirms that Salafism is a doctrinal social movement that has political efforts to establish Islam by rejecting the differences that exist. The results of this study indicate that the Salafi initially is group that calls on Muslims to return to the original sources of the Qur'an and the Hadith leads to the resurrection of a new Islamic civilization against the Western world power hegemony (especially the United States), it becomes a group which is face to face with the Muslims themselves. In addition, a rigid interpretation of Islamic law has meaning to build political strength to slowly unify differences that do not correspond with the values of salafiyah. Keywords: Variant of Salayifah, siyāsah islāmiyah, interpretation of Islamic law.

Subject and Author Index
Mazahib Volume 16, Issue 2, December 2017
Publisher : UINSI Samarinda

Islamic Law and Copyright In Academic World: The Dynamic Debates between Privatization and Distribution of Knowledge
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : UINSI Samarinda

The article explores copyright problem dynamic in a globalized academic world, especially in the Muslim worlds. The discussed issue in this paper is a conflict of interest between knowledge privatization and distribution, and its relation to the Islamic norms. This paper argues that the main problem of the concept is that the discourse is dominated by the idea of knowledge privatization by the publishers as capitalists, supported by the Government through the policy represented in Copyright law. This study finds that there are several movements emerged in response to the development of copyright law. At least, there are two stream movements; anti copyright movement and movement which demand copyright reform. By presenting examples of copyright resistance movements in the academic world such as Sci-Hub, Libgen, A2K movement, and some copyright experiences in the Muslim world, this article will be guided by Foucauldian genealogical discourse theory. This article confirms that the interests of publishers and academic interests are two things that are difficult to discuss in order to achieve a win win solution. While copyright laws favor the ruling interests of things, it does not fully effective in handling the legal cases on academic and non-profit matters. Besides, Islamic law has its own ambivalence to the copyright case. On the one hand, Islam advocates the widespread dissemination of knowledge, but on the other hand the Muslim worlds have to limit the spread of the sciences in accordance with the interests of intellectual property rights.Keywords: Intellectual Property right, Islam and copyright, privatization of knowledge.

The Role of Ulama in the Application of Islamic Syariah in Aceh: A Study of Aceh Ulama Council’s Fatwa on Apostasies and Heresies
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : UINSI Samarinda

This article examines the role of ulama in the implementation of Sharia in Aceh by focusing on the study of their fatwa concerning apostasies and heresy. Since the time of the Aceh Sultanate, the role of the ulama has been prominent as the royal judges who applied sharia due to the status Aceh as the region that embraces Sunni Islam as the official schools of jurisprudence and theology. This situation continues in the period of independence and it has legally been further strengthened in the post-Soeharto regime (reformation era) by the special autonomy status granted to Aceh that includes the right to implement sharia in full. Based on the special autonomy, the council of ulama in Aceh, known as Majelis Permusyawaratan Ulama (the Consultative Assembly of Ulama) or MPU) is officially instuted as the government partner and vested with the authority to issue religious edicts (fatwa) and give considerations regarding the problems of governance, development, community development, and Islamic economy to the government. With regards to Islamic theology, the MPU has the authority to determine the orthodoxy of a religious group by issuing fatwa. As studied, there are fourteen fatwa issued by the MPU on sects and religious movements flourished in Aceh which are deemed to be deviating from Islamic orthodoxy; those include Shiah, Millata Abraham, and Gafatar. From in-depth studies of the fatwa, this article reveals that the influential role of ulama in Aceh in the life of society and government comes from three legitimations, namely; history, legal, and social. This thus has made the society and government feel bound by the MPU fatwa on apostasies and heresies which prompt the Aceh government to ban the groups despite freedom of religion guaranteed by the constitution. This condition is theoretically appealing because, as far as the legal system of Indonesia is a concern, obeying a fatwa is a matter moral compliance instead of legal compliance.Keywords: Aceh, Islamic Sharia, Ulama Council’s Fatwa on Apostasies and Heresies

Legal Analysis on the Policy of Home Ownership Requirements for Foreigners in the Consumer Credit Agremeent of Syariah Bank in Indonesia
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : UINSI Samarinda

The study examines the normative policy on the ownership rules of residential homes for foreigners in the credit agreement consumption of Syariah banks in Indonesia. This policy has existed since 2005. However, it does not make all Syariah banks in Indonesia provide credit facilities to foreigners since there is no specific implementing regulation and legal protection for the banks in the case of finance arrears caused by the practice which can disrupt their liquidity and profitability. Considering this, the article analyses the legal protection for Islamic banks, both in preventive and repressive context, in providing credit facilities for foreigners, so that they all can facilitate loans without any fears and risks. This becomes necessary as it can contribute to Indonesia’s economic growth. It argues that the law should cover this matter, through both preventive and restrictive measures, in which the law should prevent the practice from causing finance arrears through musyārakah contract. The results of this study confirm that there is legal protection that has been regulated by Bank Indonesia for Syariah Bank in giving credit to a foreigner.Keywords: Legal Policy, Syariah Bank, Foreigners, Consumer Credit Agreement

Page 11 of 24 | Total Record : 235

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Muzayyin Ahyar

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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

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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

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