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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 207 Documents

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The Program of Circuit Isbat Nikah as the Embodiment of Access to Justice in Indonesia
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : UINSI Samarinda

Human rights guaranteed by the Constitution require, among other things, that every citizen should be able to access the judiciary. In reality, however, not all citizens can access the judiciary in Indonesia due to various factors including litigation costs, ignorance of litigation procedures, and distance problem. The same situation is also experienced by the society seeking for justice through Islamic judiciary (Pengadilan Agama or PA) across Indonesia. One of the Religious Courts deserved for a case study is PA Tenggarong. PA Tenggarong is one of the Religious Courts in East Kalimantan, which covers two district areas, namely Kutai Barat and Kutai Kartanegara. Kutai Barat consists of 12 sub-districts with 182 villages, while Kutai Kartanegara has 18 sub-districts with 227 villages. The geographical conditions and locations of the villages are mostly far away from the PA Tenggarong that render it difficult for the justice seekers in accessing the court, and, thus, obtaining their rights. Their legal problems mainly come from their unregistered marriages which make their unions do not exist according to the effective law. Hence, this article analyzes how the program of the legalization of unregistered marriages (isbat nikah) in PA Tenggarong has been implemented in order to assist the justice seekers in securing the legal certainty of marriage status. The finding reveals that the process of the legalization of marriage is conducted as a circuit marriage contract in different sub-district/village office or decent premises across Kutai Barat and Kutai Kartanegara. The program is free for eligible parties and is facilitative towards their needs and conditions, namely lacks of legal documents, ignorance of the litigation procedures, and afar domicile. This thus makes PA Tenggarong now more accessible to the public and the circuit isbat nikah as the embodiment of access to justice principle in Indonesia.Keywords:Circuit isbat nikah, access to justice, Islamic Judiciary in Indonesia

Muslim Feminists` Reading of the Quran: A Juristic Analysis on Family Law Issues
Mazahib VOLUME 17, ISSUE 1, JUNE 2018
Publisher : UINSI Samarinda

Muslim feminist movement represents an indigenous voice among the contemporary literature on women and family. Its main contention is that women in Muslim society are accorded less favourable treatment especially in terms of legal rights. To remedy the situation, feminist scholarship`s main argument is that there is a need for feminist-reading of the sacred texts so as to purge the juristic legacy of male-biased views and achieve justice and equality for Muslim women in contemporary families. One principal methodological framework for this idea to materialise is to embark on the re-reading of the Qur`an from the women`s perspective. In this context, this paper presents issue-based analysis of Amina Wadud`s reading of the relevant Qur`anic passages on family law matters and finds that in spite of its merits, its main handicap lies on its methodological flaws, both in terms of approach and outcome. Methodologically, it is regarded as selective and ultra-vires of Islamic methodology of legal reform. It terms of impact, it is suspected as being tainted with Western inspired assumptions of rights in terms of justice and equality between the genders. To overcome this impasse, the paper argues for a mediated holistic approach to harmonise relations between men and women in the family. Keywords: Family law, gender equality, justice, Muslim feminist.

Legal Protection for Hajj Pilgrims Through Regional Regulation
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

The Law on the Conduct of Hajj Pilgrimage mandates the management of the Hajj pilgrimage is organized by the government. This management includes the coaching, service, and protection of the pilgrims from Indonesia, in Saudi Arabia, to returning to the homeland. This law also stipulates that the authority to conduct Hajj pilgrimage management is not only vested to the Ministry of Religious Affairs but also may involve the local government. This article aims to look at the role of local governments in providing service assistance and legal protection to the conduct of Hajj pilgrimage by means of regional regulations or bylaws. Using a normative approach, this article analyzes the extent to which the importance of bylaws in helping implement services for pilgrims. The results of this study confirm that there are 3 important arguments for why the local government must issue regional regulations to provide legal services and protection for pilgrims. First, philosophically, the pilgrimage journey does not depart from Jakarta only, but through the origin area which is still in the corridors of power of the local government. Second, sociologically, it is a form of the local government responsibility to the local people who perform the Hajj pilgrimage. Third, juridically, bylaws should regulate technical matters in order to provide optimal service in the conduct of the Hajj pilgrimage which is pursuant to the Law and regulations on Hajj pilgrimage in Indonesia.Keywords: legal protection, hajj pilgrims, regional regulation.

The Commodification of Religion in the Maqāṣid Al-Shariah Perspective
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

This article discusses the problem of the commodification of religion in Islam, namely looking at the perspective of Islamic law on a process that directs the symbols and religious expressions of Muslims in the framework of market-based power as a commodity or business object. The theory used is the Maqashid ash-Shariah theory, to find out whether or not the objectives of sharia law are maintained in the religious practices which intersect with the economic dimension. This becomes relevant because for a Muslim the conformity with the objectives of sharia is the materialization of maslahah which is the wisdom of establishing a law in Islam. It employs a normative approach in the perspective of Maqashid jurisprudence. The results of this study indicate that in the Islamic context, there are several things that reveal the symptoms of religious commodification which are packaged in various forms of industry. Some types of industry still exist which are built with economic rationality to seek mere worldly benefits and ignore the principles of benefit. For this type of business practice, the government with its various instruments or institutions must continue to carry out sharia-compliant supervision. Meanwhile for the sharia-based business practices or industries, there is no legal issue in complying with sharia objectives there.Keywords: Commodification of religion, Maqasid al-Sharia, Islamic law, religion with economic dimensions.

Para-fiqh: Bridging Thematic Fiqh to Ushūl and Ushūl’s Response to Specialization of Fiqh
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

The latest trend regarding the study of contemporary thematic Islamic jurisprudence (fiqh) is built upon a paradigm that fiqh, as a science developed in the Islamic tradition, is able to respond to every modern challenge. This paradigm seems to be incompatible with the study of the Islamic legal theory (Ushū al-fiqh) which is considered stagnant. However, the study of Ushū al-fiqh is, the initial gate to the discussion of legal reasoning which enables those who master it come up with theoretically correct rulings and hopefully responsive to the needs of the times. Discussing the thematic Islamic jurisprudence (fiqh) without going through the Ushū al-fiqh thinking framework may lead to a serious gap to the product of the thematic fiqh study. The thematic fiqh studies such as fiqh siyāsah (Islamic jurisprudence on constitution), fiqh munākahat (Islamic jurisprudence on marriage), and Islamic jurisprudence on health issues are not infrequently distorted from the actual context. This article offers a way of dealing with the gaps. In this case, the terminology presented is para-fiqh. Para-fiqh is a term to bridge the trend between the thematic fiqh studies and the stagnancy of Ushū al-fiqh study which, in turn, give birth to the antithesis in the form of thematic Ushū al-fiqh. This article employs the conceptual-doctrinal approach which seeks to present the problems of various classical literatures of the Muslim scholars. By scrutinizing the concept para-fiqh, it is hoped that: first, this article presents a universal legal argument on some particular legal themes; second, it explains the principles of Ushū al-fiqh to understand the thematic fiqh products. The findings emphasize that the para-fiqh concept is important for enriching the intellectual tradition of Muslim communities, as well as being a bridge between the gaps created by the study of Islamic jurisprudence (fiqh) and the study of Islamic legal theory (Ushū al-fiqh).Keywords: para-fiqh; thematic ushūl, thematic fiqh, Ushūl jināyat; Ushūl mu`āmalat.

The Difference of a Child (Walad) Concept in Islamic Inheritance Law and its Implications on The Decisions of the Religious Courts in Indonesia
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

This article is based on the fact that there is still the disparity of decisions among the Religious Court Judges on heirs, especially a child (walad), when handling the inheritance disputes. This is because there is a general provision of the meaning of walad contained in the Indonesian Compilation of Islamic Law (KHI) in which it includes both a son and a daughter. In addition, there is no obligation for Religious Court Judges to use the KHI as the basis for legal considerations, allowing for some Religious Court Judges to use the classical Islamic Jurisprudence (fiqh) as the legal basis in deciding a case. This article aims to investigate the impact of the general concept of walad (a child) and measures should be taken the Government to accommodate the legal reference material for Religious Court Judges, especially the KHI and the classical Islamic Jurisprudence (fiqh). It employs normative legal research which primarily examines the decisions of the Religious Courts in East Kalimantan, specifically Samarinda, Tenggarong and Tanah Grogot. The findings reveal that since there is no obligation for the Judges to use the KHI, referring to the classical Islamic Jurisprudence when giving legal considerations and deciding cases of inheritance is not against the procedural law in Indonesia. Yet, this measure potentially creates the disparity of decisions in the Religious Courts since the fiqh differs in determining who the walad is: merely sons or include both sons and daughters. This has frustrated the objective of the KHI as the codification of Islamic Law in Indonesia which unites the differences of opinions in the fiqh and, thus, assures legal certainty in resolving the disputes. Hence, the government should enact the KHI as a Law in Indonesia in order to end the forum of choice for the Judges in basing their decisions so that the disparity of decisions in the Religious Court minimized and legal certainty assured for the justice seekers.Keywords: Islamic inheritance law, walad, fiqh, religious court's decision.

Integrated Marriage Itsbat: Analyzing The Polemics Behind Its Implementation
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : UINSI Samarinda

The existence of the Integrated Marriage Itsbat in Jambi City has begun since 2015 but in 2018, it was no longer implemented. One of the reasons is because the number of participants was decreasing. However, the trial of Marriage Itsbat in the Religious Court was still held. This study tries to examine its implementation in Jambi City and the problems surround it. This is an empirical legal research which employs the qualitative data collection through interviews and documentation. The study finds that the implementation of this program was loaded with a number of problems. Even in the reality, the final goal of this program, which is to help disadvantaged people to obtain rights to marriage certificates, marriage books, and birth certificates in one service unit, was not fully achieved. The results of this study indicate that there were a number of problems that had arisen, including: the existence of this program creating chances for increasing unregistered marriages; registration of participants without going through KUA leading to missed checks related to the clarity of previous marital status; a constraint in the publishing process of a Marriage Certificate; and lack of socialization. Hence, future programs of integrated marriage itsbat should be able to address the unintended consequences.Keywords: Integrated Marriage Itsbat, marriage registration, Religious Court, Compilation of Islamic Law.

Politics, Local Governments, and Sharia By-Laws in Indonesia: Revisiting A Common Assumption
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

After the fall of Suharto regime, some local governments in Indonesia have adopted Shari’a by-laws. Several studies suggest that this adoption of Shari’a by-laws was influenced mostly by the political motives of the local elites. They used such by-laws as a strategy to gain political supports from Muslim voters. They also used the by-laws to facilitate bribery and electoral corruption using social and religious instruments and to distract people’s attention from ongoing corruption. Although it confirms the political motives behind the adoption of the Shari’a by-laws, this paper suggests that such political motives may not the only factors leading to the introduction of Shari’a by-laws. Based on the study of the political and religious backgrounds of the district heads, who were elected in the local elections between 2008 and 2013, in the six major provinces, this paper indicates that political motives do not play alone. The district heads’ religious backgrounds can be the other important factors contributing to the adoption of Shari’a by-laws by some local governments in Indonesia.Keywords: Shari’a by-laws, politics, local governments, Indonesia.

Legal Analysis on the Fatwa of Sharia National Council on Rahn: Between Legal Philosophy and Its Implementation in Indonesian Sharia Pawnshop
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : UINSI Samarinda

The function of Sharia Financial Institutions (SFI) is to provide the easiness for the needs of the community in sharia-compliant funding. One of them is Pegadaian Syariah (sharia pawnshop), which offers the pawning (rahn) contract as one of the sharia-compliant quick funding solutions. The National Sharia Council (NSC) realized the need to issue a fatwa on the guidelines on rahn as a form of response to the needs of the community in various SFI products. However, this fatwa contains biased meaning against the concept the rahn which is obscurely implemented between dain and qardh in some SFI contracts. Therefore, this study tries to analyze the DSN Fatwa NO. 25/DSN-MUI/III/ 2000 and DSN Fatwa NO. 26/DSN-MUI/III/2000 concerning rahn between legal philosophy and its implementation in sharia pawnshops from the perspective of Fiqh Muamalah. The result of this study emphasizes that it is necessary to include in this fatwa a legal philosophy underlying reason for pawning (rahn) decision, whether it is debt (dain) caused by buying-selling/trading (bai') or due to money loan debt (qardh). This basis will explain the sharia-compliant boundaries of the implementation of the rahn contract in SFI, especially in sharia pawnshops which still makes qardh the basis for the realization of rahn implementation.Keywords: sharia pawnshops, rahn, qardh, DSN Fatwa NO. 25/DSN-MUI/III /2002 and DSN Fatwa NO. 26/DSN-MUI/III/2002.

Regulating Halal Products in Indonesia: Between Religious Needs and Socio-Economic Challenges
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : UINSI Samarinda

As the most populous Muslim country in the world, Indonesia needs to spend seven decades until finally enacted the Halal Product Assurance Law in 2014. There are mixed responses in welcoming this law. Many Muslims are incredibly pleased with this law, while others believe that this law would create social and economic problems, instead. Four years have lapsed and the law is still difficult to be implemented, since the state has produced none of the implementing regulations of the said law. Meanwhile, the National Agency for Halal Product Assurance is newly established in 2018. Therefore, the law on halal product assurance is really at stake. It seems that the state enacted it half-heartedly. This paper discusses the dynamic of regulating halal products in Indonesia, between spiritual needs and socio-economic challenges. Less Muslim argued that halal is not part of Islamic teaching, yet many people believe that halal product in Indonesia is not merely a religious issue but also a social, economic and even political issue. The methods for this research are both normative and qualitative. Data are collected mainly through documents, library materials, and field research. To sharpen the findings, comparative studies with Malaysia and Thailand were conducted. In the end, this research reveals the socio-economic dynamics of halal product regulation in Indonesia amid which is beyond religious issues.Keywords: halal product, Indonesia, regulation.

Page 12 of 21 | Total Record : 207

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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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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