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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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Deterring or Entertaining? Can the Caning Punishment Execution in Aceh Meet its Objective?
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

This article probes whether the implementation of the caning sentence in Aceh may reach its objective of deterrent effect given the way the execution conducted. From the field observation, the flogging was not much different from entertainment. The mass gathered in one place to watch the execution; they include children, street vendors, researchers, and journalists. There was a stage, VIP seats for guests, loudspeakers, administrative arrangements, and the caning punishment procession. Using a qualitative research approach with an in-depth interview method, it seeks to understand how the community involved in the caning execution was and how the government was designed the sentence as such and why. It finds that while the government saw the caning law as the implementation of Islamic sharia in Aceh, the people perceived its execution more as entertainment. The government has used the caning sentence execution as a demonstration of power, often for a political gain, because it emphasizes its presence not only as of the guardian of shari’a for Acehnese but also as a devout politician who keeps his political promises. Yet, little of this punishment deterrent effect conveyed to the society due to the way it was staged and executed.Keywords: Qanun Jinayat, Aceh, Caning Punishment, Stage, Entertainment, Deterrent Effect.

Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Keywords: constitution-making, Afghanistan, the 2004 Constitution, Islam clauses, Islamic.

Women in the Public Sphere and Religious Discourse Interpretation in the Post-Conflict Aceh
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : UINSI Samarinda

This article aims to discuss women and their access to the public sphere after a long term of the last three decades of armed conflict in Aceh. As many occurred in the other most conflict regions, women are mostly victims of any regime policies, either in political or economic access. This article would like to elaborate more on how women's position perceived within Acehnese society in the post-conflict Aceh since 2005? Furthermore, how are religious doctrines being interpreted regarding women’s issues in the post-conflict Aceh? By combining literature reviews and interviews as the primary source of data collection, this article argues that the long army conflict in Aceh and unfortunate Aceh's current political context are the leading cause of women's position degradation in Aceh and not because of the religious interpretation contestation. Thus, even though the formal sharia implementation has taken place in Aceh since 2002, male political domination and contestation have influenced women's position degradation in contemporary Aceh's public sphere.Keywords: Women, Post-Conflict Aceh, Sharia, Public Sphere, Religious Discourse.

Halal Tourism in the Context of Tourism Sector in Tunisia: Controversies, Challenges, and Opportunities
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : UINSI Samarinda

This paper examines the development of the tourism industry in Tunisia from its independence in 1956 to contemporary Tunisia with a special focus on the development of halal tourism. In assessing the tourism sector in Tunisia, a typology is used. This typology makes it clear that Tunisia is a prominent tourist destination in several types of tourism, including beach tourism, while in other types it remains underdeveloped. Regarding the emerging form of halal tourism, Tunisia is lagging behind in its development. This may come as a surprise given the fact that Tunisia is a popular tourist destination and a Muslim majority country. Although there are different reasons for this, I would argue that many things can be explained by looking at the political context in Tunisia. The reluctance of government actors hinders the profound development of halal tourism. The policies that have been put forward in the past by Bourguiba and Ben Ali have had an undeniable impact on the general opinion of contemporary Tunisian society on this matter. Even though Tunisia is faced with challenges, Tunisia can still be a suitable country for halal tourism while maintaining other forms of tourism.Keywords: Tunisia, halal tourism, religious tourism, opportunities and challenges.

From Usul Fiqh to Legal Pluralism: An Autoethnography of Islamic Legal Thought
Mazahib VOLUME 19, ISSUE 1, JUNE 2020
Publisher : UINSI Samarinda

This article seeks to introduce an autoethnography as a method in studying Islamic law. Through an autoethnography, a scholar could share a unique and subjective experience, which would not only contribute to the understanding of social phenomenon but also reflect on possible different situations upon knowing the reality. It not only makes a sequence of events and their interpretation, but it also asks readers to emotionally ‘relive’ the events with the writer of autoethnography. This article uncovers processes and dynamics of my own thought in approaching and comprehending law in Islam including topics such as usul fiqh and legal pluralism. It discloses the development of my research interest and scope, both nationally and internationally in the past three decades. The article argues that knowledge is not necessarily produced by research work. In fact, personal narratives are considered scientific in that they could contribute knowledge to what we know about the world in which we live. And, last but not least, personal stories are valuable if they could: 1) provide a legitimate claim or justification, 2) offer something new to learn, and 3) help other people cope with or better understand world issues.Keywords: autoethnography, Islamic law, legal pluralism, usul fiqh.

Maqasid Shariah in Family Institutions: Analysis of the Prenuptial Course Module in Malaysia
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : UINSI Samarinda

Of significant purposes of marriage in Islam are building self-serenity, developing a harmonious family with positive values, being a perfect platform to show love, affection, and gratitude among each member. Ironically, these purposes are immaterialized in some marriages as divorce cases are still high in Malaysia. Introducing compulsory pre-marriage course is among other actions taken by the government to protect its continuity. This article aims to study the module of the compulsory pre-marriage course and highlights elements of Maqasid Shariah in family and marriage. By Using the descriptive analysis method, this article argues that the modules have covered the whole elements of Maqasid Shariah. For instance, the faith and worship chapter is one factor in maintaining one's marriage and creating an individual's excellent character, which served them a better and happy life while preserving the religion itself. Highlighting Maqasid Shariah elements helps us understand the importance of building a fine family and preserving harmony within. Hence, a candidate who attends this prenuptial course build a good understanding among family members better than those who did not attend the pre-marriage course and, therefore, can maintain their relationship in marriage. Keywords: Maqasid Shariah, prenuptial course module (MKPPI), family institution, Malaysia

The Consideration of Bid‘a Concept according to Saudi and Iranian Scholars
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : UINSI Samarinda

The concept of innovation (bid'a) as a formative tool is used to create idiosyncratic nations depending on different scholars' interpretations, Wahhābīs in Saudi Arabia, and Shi'īs in Iran. Using the descriptive method throughout the paper, this article analyzes scholars' approaches towards bid'a concerning the sectarian interpretations and various legal methodologies. The extent of the relationship between the bid'a concept and the rulings related to the visitation of tombs, the practice of temporary marriage, and Nowrūz celebration will be the paper's primary focus. The interpretations and approaches of scholars towards bid'a have resulted in opposite solutions on these mentioned issues. The comparative conclusion aims to clarify the Saudi-Wahhābī and Iranian-Shi'ī scholars' principal attitudes towards the theoretical interpretation and practical application of the bid'a concept. The bid'a analysis attempts to introduce the operative purposes behind the rulings to answer which reasons impel the scholars functioning in these two countries from issuing the diametrically opposite views on controversial issues.Keywords: Islamic law, Saudi Arabia, Iran, Wahhabism, Ja'farism, Bid'a.

Islamic Legal Modernism and Women's Emancipation in Tunisia
Mazahib VOLUME 19, ISSUE 2, DECEMBER 2020
Publisher : UINSI Samarinda

The article aims to analyze the role of modern interpretations of Sharia on women's emancipation in Tunisia. Even though Tunisia is a Muslim country influenced by the Maliki school of thought, its social, cultural, and political conditions are conducive to women's emancipation efforts. This condition was created partly by the government's efforts to adopt Sharia's modern interpretation in Tunisia. Efforts to modernize Islamic law through state law have been going on for a long time and are consistent. Islamic legal modernism is evidenced by the Constitution, which guarantees women's equal rights, manifested in state law and policies. A case in point is family law in Tunisia that prohibits the practice of polygyny, gives equal share of the inheritance, and punishes perpetrators of domestic and sexual violence against women. Modern interpretations of Sharia have resulted in Islamic law that is more gender-friendly and maximizes women's potential in Tunisia's public sector. As a result, women's political participation in Tunisia is very high: they occupy many Parliament seats and high government bureaucracy positions. The condition of equality of women in Tunisia is far different from that of its compatriots in the middle east and north African countries, which are still influenced by conservative Islamic law interpretations.Keywords: Islamic legal modernism, women's Emancipation, polygyny prohibition, sexual harassment

Maqasid al-Shari’ah in Islamic Law Renewal: The Impact of New Normal Rules on Islamic Law Practices during the Covid-19 Pandemic
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The vast and multidimensional impact of the Covid-19 pandemic has forced all countries to establish policies to prevent the transmission of Covid-19, including Indonesia. Not a few countries are not ready to make decisions to find new, more effective ways to prevent Covid-19. In Islamic law, ijtihad is part of lawmaking in the implementation of worship and muamalah, which solves problems that arise and mitigates policy implementation. This article uses a normative juridical approach to the issue because it can showcase the benefit of Islamic law for humans. Moreover, it aims to generate ideas in the renewal of Islamic law, especially in the implementation of worship and muamalah (social transaction/relation), and inform the government to make decisions that intersect with Islamic law during the Covid-19 pandemic. The focus of this research is how does covid-19 affect the practice of Islamic law in worship and mu`amalah? This study finds that government policies and regulations are currently in line with Islamic law. The most critical considerations in determining the compatibility of government policies and rules with shari’a are maintaining the soul’s safety, maintaining the continuity of religion through rukhshah, and maintaining the economy. Also, the Islamic rulings (fatwa) issued by ulama in response to government policies and rules are expected to guide worship and mu`amalah, build awareness and solidarity of Muslims, and relate to the people’s economy today.

Applying Hirāba in Islamic Criminal Law to Curb Armed Banditry in the Zamfara State of Nigeria: Opportunities and Challenges
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The paper investigates the armed banditry that engages in the highway robbery attacking villagers and travelers in the Zamfara state of Nigeria. The paper aimed at examines hirāba in Islamic criminal law and the penal code of the state for the possibility of applying the provisions to curb armed banditry in the state. The paper is a Sharia study; thus, the descriptive-analytical method was followed. Opinions of four Sunni schools are relied on in most cases. In addition, academic works of contemporary jurists and thinkers in journals were extensively consulted. The critical studies of jurist’s definitions of hirāba revealed that the crime of hirāba comprises maritime piracy, aircraft hijacking, armed banditry, kidnapping, and any act of destroying society. Zamfara state, which first reintroduced the Islamic criminal system, witnessed maximum security between 2000 and 2009 because there is a political will to enforce Islamic law. Although it is alleged that Sharia was supposed to bring joy but brought bandits to the state, while the study revealed that armed banditry started around 2009, sharia implementation is not responsible for the insecurity. The paper concludes that the practical solution is the enforcement of new Sharia in the region.

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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