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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 Development Strategy of Intellectual Property Rights and the Quest for Materials Copyrighted in Islamic Higher Education
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : UINSI Samarinda

Intellectual Property Rights becomes a serious discussion in some universities, especially in the Perguruan Tinggi Keagamaan Islam Negeri (PTKIN, State Islamic Higher Education system). The lack of copyrighted academic works in some PTKIN is the background why this article is published. This article aims at looking some development strategies that are exist in several universities in Indonesia. Using empirical studies, this article explores some experiences of three universities related to the strategy of developing intellectual property rights. These three universities are Universitas Islam Indonesia Yogyakarta (UII, Islamic University of Indonesia), Universitas Islam Negeri Sunan Gunung Djati Bandung (UIN Bandung, Sunan Gunung Djati State Islamic University of Bandung) and Institut Agama Islam Negeri Surakarta (Surakarta State Institute of Islamic Studies). This article finds that the development of intellectual property rights institutions in higher education includes four important things: mission, goals, strategies and policies. The conclusion of this article confirms that several universities have established institutions for strengthening intellectual property rights by having clear visions and measurable targets, so as to produce the right policies. Meanwhile, some higher education institutions have not established yet institution of Intellectual Property Right. However, several universities have been starting to strengthen the protection of intellectual property rights by raising some lecturers’ research to be copyrighted academic works.Keywords: Intellectual property rights, strategies for the development of IPR, Universities and IPR in Indonesia.

Meretas Tradisi Monolitik dalam Kajian Islam/Hukum Islam
Mazahib VOLUME 17, ISSUE 2, DECEMBER 2018
Publisher : UINSI Samarinda

The Dispute Settlements of Inheritance in Palangka Raya: A Legal Anthropology Approach
Mazahib VOLUME 18, ISSUE 1, JUNE 2019
Publisher : UINSI Samarinda

The issue of inheritance distribution does not often lead to conflicts that must be resolved by means of litigation. In resolving conflicts that might arise, the community usually has set a separate rule to distribute inheritance. The people of Central Kalimantan, especially in the City of Palangka Raya, prioritize deliberations that are actually not contrary to Islamic law in resolving their inheritance disputes. Why and how these dispute settlements are conducted? This study uses normative-empirical methods which employs a legal anthropology approach. The results of the study show that the tradition of resolving inheritance disputes in the people of Palangka Raya City of Central Kalimantan prioritizes peaceful settlement disputes by using Islamic law first and then a family meeting is held to determine the agreeable share and distribution of assets. The principle of kinship in the protection of property (hifz al-maal) in the family is adopted, so that the community returns to share property with the negotiation method which is built on family agreements. By referring to Islamic jurisprudence on inheritance, the dispute settlements also aims at sharia compliant in order to adhere to Islamic doctrine (hifz al-din). Finally, they also adopt the principle of responsive thinking which is human based on local wisdom values in society. The conclusion of this study shows that the Palangka Raya City Society combines Islamic law and customary law in the distribution of inheritance.Keywords: dispute resolution, inheritance, Palangka Raya, legal anthropology.

The Extent of Arbitration's Preference and Independence over the Judicial System in Disputes Resolution Selection: A Re-Evaluation for Developing Judiciary and Arbitration Systems
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : UINSI Samarinda

The arbitration system is considered to be the most effective and efficient way of dispute resolution than the judicial litigation system. This opinion is based on several reasons such as time speed, confidentiality, flexibility, and so forth. Therefore, arbitration is considered to be able to present preference and independence in dispute resolution. However, this assumption needs to be assessed scientifically in accordance with existing realities. Hence, this article is to compare between the arbitration and other litigation systems in terms of their advantages and disadvantages. It found that arbitration was present in response to the weaknesses of the rigid justice system and its lack of creativity in creating mechanisms for disputes between disputing parties. Despite the fact, the arbitration system, in some cases, does not have independence precisely because of its flexibility, confidentiality and lack of supervision. Thus this article confirms that the actual arbitration system does not have preferences and independence that far exceeds the general litigation justice system. In other words, the advantages of the arbitration system do not exceed that of the general justice system except for its flexibility in handling unique disputes.Keywords: Arbitration system – Judicial system – needs of developing for resolving the disputes.

Monopolizing Religious Blasphemy Law Interpretation in Indonesia: The Strategy of Lawfare and the Exercise of Power
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : UINSI Samarinda

The article explores the process of monopolizing Blasphemy law interpretation by several Islamist groups and its impact on the freedom of religion in Indonesia. Even though the result of blasphemy cases in the national context is predictable, the local context shows a different dynamic. This article examines several religious blasphemy cases locally, such as Otto Radjasa’s in Balikpapan, Sukmawati’s in Jakarta, and Ganjar Pranowo’s in Central Java. It seeks to answer how has religious blasphemy been defined and interpreted by the Islamist group and how each interest has influenced the group interpretation and strategy to bring the offenders of the blasphemy law to the jail. It argues that monopolizing the law interpretation consists of two main strategies: first, by using lawfare against the political rivals, and second, by employing the exercise power while taking financial advantages from the offenders. The article contributes to the academic discussion on the exercise of power and hegemony in influencing the blasphemy law interpretation in Muslims majority countries.Keywords: Religious Blasphemy, Islamists, Power, Hegemony

An Ambiguity of Constitutional Law Major at the Faculty of Sharia of Islamic Higher Education Institutions in Indonesia
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : UINSI Samarinda

This article examines the problem of majoring Constitutional Law at the Faculty of Sharia in Islamic Higher Education Institutions in Indonesia. There is an ambiguity of the essence of Constitutional Law at the Faculty of Sharia whose Siyasah (simply translated into Constitutional Law) as a major. The core subjects of constitutional law are legal studies on basic law aka constitution. Meanwhile, the essence of siyasah is politics. Does this ambiguity occur only in the nomenclature or also in its implementation as well that include the department’s vision, mission, curriculum, competency, and profile of graduates? This study was a library research which employs a qualitative data analysis towards the so-called siyasa department’s vision and mission documents, curriculum documents, textbooks assigned, teaching materials, research journals, and websites across Islamic Higher Education Institutions in Indonesia. It found that there has been an ambiguity in some Departments of Constitutional Law at the Faculty of Sharia both in the Department nomenclature and in its implementation, such as vision, curriculum, student final assignments, student competency, and profile of graduates. This ambiguity lies in which specialization aims at by the major: law in general, politics, or constitution? On the one hand, the objective of the department is to train the students with legal studies focusing on Islamic Constitutional Law (Qanun Dusturi al-Islamy). On the other hand, the courses on politics are prominent too while there is not enough subjects on the Islamic Constitutional Law. It thus suggests the siyasa Department management across the Faculty of Sharia in Indonesia reorient their vision and mission and match them with their curriculum and programs.Keywords: Ambiguity, constitutional law, Faculty of Sharia

Restorative Justice in Settling Minor Criminal Disputes in Ponorogo, East Java: An Islamic Law Perspective
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : UINSI Samarinda

This article aims at examining the viability of a village court as an alternative settlement of minor criminal disputes in the district of Mlarak, Ponorogo, East Java. Among the cases resolved through restorative justice are petty theft, juvenile delinquencies, crimes against women and children, and public order disruption. The village court has used mediation among the disputants in the search of a consensus without harming each party. The consensus achieved signifies the return of balance in the community which has been damaged by the offenses. This makes dispute resolution through mediation and customary justice in line with the concept of Restorative Justice. However, there are obstacles in the resolution of cases through mediation. This includes: first, there are no regulations governing village justice procedures so that the mediation and village justice procedures differ from one village to another. Second, the determination of sanctions for minor criminal offenses is perceived to have not deterred some of the perpetrators. This is evidenced by the repetition of criminal acts committed by the perpetrators which, thus, has created public unrest. Third, the level of understanding of community leaders towards the law is still lacking. This has resulted in discrepancies in settling the disputes. From the Islamic law perspective, the settlement of a dispute by means of the village justice is in accordance with the Sharia. It constitutes the implementation of al-shulh system and ta‘zīr concept in the provision of punishment for the perpetrators Keyword: Restorative Justice, al-Sulh, Alternative Dispute Resolution (ADR), Minor Criminal Disputes

The Representation of Women’s Role and Position in Taqrib Book: A Discourse Analysis Study
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

AbstractThis article aims at analyzing woman’s role and position in a book of Islamic jurisprudence (fiqh book). It focuses on the discussion of women’s position in domestic and public sphere as written in the fiqh book titled Taqrib. It also explores the relevance of the Taqrib’s contents on women’s role and position in the social context by probing its readers’ awareness. In this qualitative study, the discourse analysis method is used to examine the contents of the book and the context of readers, i.e. prominent teachers of Islamic boarding school (kyai). Although women’s role and position was depicted subordinate to men in several cases of fiqh reasoning (e.g. the authority of father and grandfather in determining marriage for their daughter, the superiority of men over women in being a judge, and so forth) in the Taqrib book, Some kyai were aware of the women’s role and position in the social life equally. Hence, they maintain that the women’s role and position in the domestic and public environment should be recognized. This study thus emphasizes the need to re-read the fiqh reasoning on women’s role and position contextually. Keywords: woman's role and position, fiqh, Taqrib book.

Does Sharia By-Laws Damage Interfaith Harmony? The Case of Sharia By-Laws Implementation in Pamekasan, Madura
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

Since the beginning of the Reformation Era in 1998, Indonesia has been transforming itself into a more liberal polity than that of in the New Order Era. This political circumstance is characterized by the freedom of opinion and the decentralization of power. During this Reformation Era, many local regulations have been enacted. One of which was sharia by-laws or local regulation based on Islamic norms in some largely Muslim populated regions. This situation has triggered concerns about the impacts of sharia by-laws over the inter-religious harmony among a very diverse society of Indonesia. This study aims to evaluate the sharia by-laws implementation in Pamekasan, Madura, and analyze its implication for inter-religious harmony. By using a qualitative approach and phenomenological descriptive analysis, it reveals that there has not been found negative impacts on the implementation of sharia by-laws since its enactment in 2001 until today. The internal and external potentials of Pamekasan residents, arguably, have become the determinant factor in keeping the by-laws in line with inter-religious harmony. These potentials include cultural-deeply rooted social capitals such as friendliness, politeness, mutual respect, and helping others. Besides, dialogue among religious elites, which is facilitated either by local government or civilian organizations, is frequently conducted and this helps to create a conducive atmosphere for all despite the existence of sharia by-laws in Pamekasan, Madura.Keywords: sharia by-laws, interfaith harmony, social capitals.

Legal Protection and the Problem of Accessibility for Diffable: A Comparative Study between Islamic Law and Indonesian Law
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : UINSI Samarinda

As a Nation of Laws, every citizen is guaranteed to their freedom, being admitted and protected to their dignity, and also possesses the same position in the presence of law. Indonesia acknowledges and protects the human rights of its citizens without differentiating their background as enshrined in the 1945 Constitution. Part of Indonesian citizens is diffable (different in ability) group and they are supposed to have the same rights, responsibility, and positions as others. However, they have physical and psychological limitations and are considered to have difficulties to access public facilities without giving them the proper access. Accessibility is an important role to actualize the parity of opportunities in every aspect of life. It is an easiness provided for diffable people to achieve the same chance. In Islam, the issue of diffability has been discussed too which is drawn from the Qur’an and Hadith as the major source of Sharia. This article aims to point out the intersection between Islamic law and Indonesian law in providing concerns towards diffable people to obtain their rights and to observe how the legal protection to accessibility for diffable has been implemented. It finds that in the normative order, both Islamic and Indonesian law have provided adequate attention and protection for diffable people. Nevertheless, the means to provide access for them is yet to be optimal. The causes are: inconsistency to properly implement the law, incomplete facilities, and the unfriendly behavior and culture towards people with disabilities.Keywords: Islamic Law, Indonesian Law, Diffable, Accessibility

Page 13 of 21 | Total Record : 207

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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

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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