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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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Fiqh Across Madhhabs: An Alternative to Pesantren Students’ School of Thought Exclusivism in the Post-Truth Era
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The schools of thought (madhhabs) within fiqh (Islamic jurisprudence) are one of the ijtihad products explored by qualified Muslim jurists by using a particular methodology to produce Islamic laws, which Muslims then follow. The problem with established madhhabs in Islamic law is when a madhhab follower becomes exclusive and does not want to accept the differences of opinion. Islamic boarding schools (Pesantren) are a medium for developing a deep understanding of Islam and, thus, play an important role in reconstructing the learning of inclusive fiqh. This article aims to explain the meaning of the school of Islamic law exclusivism, solutions, and their impact in the post-truth era. It indicates that the school of Islamic law exclusivism is a form of madhhab fanaticism that only teaches and applies certain madhhab to influence the self-justification of their madhhab and considers those who are different from it are wrong. Hence, this article argues that fiqh-across-madhhab learning is the solution since students are taught all schools of Islamic law, the causes of their differences, and the basis for the arguments used by each eponymous madhhab (Imam). As a result, there will be developed an inclusive understanding in accepting the truth and does not make individuals fanatical and radical in religion.

Unfulfilled Guarantees: Impacts of Law and Regulations Concerning Inter-Religious Relations on Religious Freedom in Indonesia
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The condition of interfaith relations in Indonesia faces many challenges as intolerance increasingly occurs in various regions. The action can be seen from various violations of freedom of religion and belief, the prohibition of establishing houses of worship, and violence against minorities. One of the causes of these problems relates to the law and several regulations in interfaith relations in Indonesia. This article tries to look at the regulations and legal aspects of interfaith relations and their impact on the conditions of diversity in Indonesia. Using an empirical-legal approach, this article explores legal materials and phenomena related to the interfaith relation in Indonesia. This article reveals that the Constitution has been firmly guaranteeing and protecting all citizens from expressing their beliefs. Nevertheless, several cases show a contrary of the law objectives on interfaith relations in Indonesia. Moreover, in some particular cases, the state seemed to be absent in the locus of incident and favor of freedom violation victims instead.

Moderate Islamic Jurisprudence: Study of Muhammadiyah's Decision on Changes in Criteria for Fajr Prayer Time
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

This article aims to look at the new criteria decided by Muhammadiyah regarding the beginning of Fajr prayer time, which was seen through the conception of religious moderation (wasatiyah) in Indonesia. This issue relates to the decision regarding the change in the criteria from -20 degrees to -18 degrees due to an 8-minute difference from the common schedule used in Indonesia. This decision resulted in a long process that started from public unrest, discussed in the 27th National Conference of Muhammadiyah. Still, it could not be realized, then Muhammadiyah conducted a comprehensive fiqh study and appointed 3 main institutions to conduct studies astronomically. After the XXXI National Conference on Tarjih, Muhammadiyah finally decided to change this criterion through the principle of wasaṭiyyah; there is nothing wrong with this ijtihad jama`i carried out by Muhammadiyah, but Muhammadiyah does not appear to be balanced and fair in using the research results of the institutions that have been appointed, besides that Muhammadiyah also does not consider other important research outside Muhammadiyah. In the context of wasaṭiyyah, these different principles need to be resolved. The solution to unification itself must be given to the country’s religious authorities. The government is also required to fix criteria and conceptions to maximize that union effort.

Safeguarding Women’s Constitutional Rights in the Judicial Reviews of Marriage Law on the Minimum Married Age Limit
Mazahib VOLUME 20, ISSUE 1, JUNE 2021
Publisher : UINSI Samarinda

The Constitutional Court seems inconsistent when examining the same legal issue, i.e., the constitutionality of the minimum married age limit for women, but with different decisions. In the 2014 decision, the Court rejected the petition, while in the 2017 decision, the Court accepted it. This paper analyzes the considerations of constitutional judges in deciding the case to understand whether women’s constitutional rights have been protected in both decisions. Using the case and statutory approach, this article concludes that the 2014 decision rejecting the petition to increase the minimum married age limit for women does not fulfill women’s constitutional rights. Sixteen years old as the minimum age limit for women and nineteen years for men is discriminatory and deprives girls’ rights to health and education. The judges’ consideration in the 2017 decision, which granted the petition, was that determining the minimum married age limit is a legal policy. Still, if the policy contradicts the 1945 Constitution, citizens can challenge its constitutionality. The Marriage Law is a past product, so it needs to be adapted to developments and the 1945 Constitution’s norms. The difference in the Constitutional Court’s decisions on examining the same issue is due to different interpretations and efforts to protect the constitutional rights of citizens.

Baby Dumping in Malaysia and Indonesia: Between National Regulation and Islamic Criminal Law
Mazahib Vol 20 No 2 (2021)
Publisher : UINSI Samarinda

This study aims to analyze the problem of baby dumping that happened in Malaysia and Indonesia according to regulation and Islamic Law (Fiqh al-Jinayah). As known, both countries are majority Muslims population which have similarities in terms of culture and customs. However, baby dumping cases are still happening in these countries, increasing every year. So it needs to be studied more deeply, considering that both countries have implemented laws related to the prohibition of baby dumping. This research is a normative method by descriptive qualitative type. This study concludes that baby dumping cases are not a light problem but a big problem that must resolve with the support of all parties. Some factors that influence a person in baby dumping cases are pregnancies outside of marriage, lack of education with knowledge of sex, embarrassment with the surrounding community. From the laws regulated in Malaysia and Indonesia, the perpetrators of this baby disposal can be subject to the most severe punishment as regulation implemented in both countries. However, the punishment for the perpetrators is still limited to imprisonment. Even if the perpetrators are children, child protection rules are applied. This punishment in Islam is categorized as ta'zir punishment. Keywords: Baby Dumping, Children, Islamic Law, Islamic Criminal Law

Politics of Law in Qanun Reformulation in Aceh: The Establishment of Wali Nanggroe Institution
Mazahib Vol 20 No 2 (2021)
Publisher : UINSI Samarinda

The Wali Nanggroe Institution is an authoritative religious local institution in Aceh, Indonesia. This Institution was found as a mandate from the Helsinki MoU and it was stated into Law No. 11 of 2006 concerning Aceh Governance which was later translated into Qanun No. 8 of 2012 concerning the Wali Nanggroe Institution. The establishment of Wali Nanggroe Institution brought some controversial issues in constitutional law in Indonesia, one of which is the requirement to become the institutional leader of Wali Nanggroe as regulated in the Qanun of the Wali Nanggroe Institution. This article will focus on the reformulation of the Qanun of the Wali Nanggroe Institution in Aceh by looking at political and legal aspects. This article is qualitative research with a non-doctrinal legal approach. The finding of this article indicates that the Qanun of the Wali Nanggroe Institution has been renewed twice. Nevertheless, there has been no significant renewal in the field of requirements to become an institutional leader of Wali Nanggroe. Summing up, this article reveals that the subordinates of the reform have not touched on substantive matters relating to the public interest, resulting in the absence of legal certainty for the people of Aceh. Keywords: Politics of Law, Qanun in Aceh, Wali Nanggroe Institution

Equality of Rights and Courts: Constitutional-Based Arguments on the Fixed-Standard of Minimum Age for Marriage in Lights of Maqāshid al-Syarīah
Mazahib Vol 20 No 2 (2021)
Publisher : UINSI Samarinda

This study presents the dynamics of constitutional-based arguments in the discourse of fixed-standard of minimum age for marriage through the judicial review mechanism at the Constitutional Court. Two decisions contain this provision. In the first decision (No. 30-74/PUU/XII/2014), the Court rejected reviewing the law. Meanwhile, the Court partially granted the request in the second decision (No. 27/PUU/XV/2017). This study aims to analyze the dynamics of changes in these provisions: constitutional-based arguments and their logic of legal reasoning. This article is written by applying a case and conceptual approach. Legal cases are derived from several documents analyzed using ideas and theories of teleological dimensions in Islamic law. The study results revealed that the change in the provisions was caused by differences in the Judge’s legal considerations in the two Court decisions resulting from different philosophical perspectives originating from the articles of legal texts. Those considerations and changes are in accordance with maqāshid al- syarī’ah: the efforts to fulfill the protection of the soul (hifẓ al- nafs), property (hifẓ al- māl), and honor (hifẓ al- irdh). Keywords Equality of Rights, Legal Reasoning, Constitutional Court, Minimum Age For Marriage, Maqāshid al- Syarī’ah.

Hassan Hanafi and Islamic Legal Theory:
Mazahib Vol 20 No 2 (2021)
Publisher : UINSI Samarinda

Islamic legal theory (popularly known as uṣū al-fiqh in Islamic term) runs into difficulties when dealing with social and humanities issues. Religious texts, according to Hassan Hanafi’s perspective, should not only be positioned as a source of law, but also at the same time must be seen as a phenomenological experiences of religiosity. The dialectic of religious text and today's empirical context needs to be reformulated. By using phenomenological as a methodological tool, Hassan Hanafi makes an effort of reepistemification of uṣū al-fiqh reason into three typologies of consciousness; historical, eidetic, and praxis. These three aspects constitute the discursive relationship to present an anthropocentric dimension in uṣū al-fiqh reason. This article uses qualitative research methods with interpretation criticism approach. This article aims to analyze the new formula offered by Hassan Hanafi’s uṣū al-fiqh reason, and to examine it to criticize the slogan “Back to the Qur'an and Sunna” as a phenomenon of religiosity. Keywords: Uṣū al-fiqh, Hassan Hanafi, Phenomenology, Back to the Qur’an and Sunna

Analysis of Patterns for Inheritance Dispute Settlement in the Tradition of Sasak Community in Lombok
Mazahib Vol 20 No 2 (2021)
Publisher : UINSI Samarinda

There are several ways conducted by Muslims in solving the problem of inheritance division in Lombok. This article aimed at looking at several patterns of inheritance dispute resolution in the Lombok people tradition (Sasak community. It is derived from qualitative field research by using both theoretical and empirical legal approaches. The data was obtained using observation, interview, and documentation techniques. Lombok people often postpone dividing the inheritance, which eventually causes problems. According to Lombok customary law, postponing inheritance is carried out due to several cultural factors, i.e.: the existence of the parent (either father or mother), the existence of the heirs, and the condition of the heirs. Apart from these factors, several consequences arise including loss of ownership rights, changes in inheritance portion, loss of inheritance rights, vulnerability to manipulation, and triggering family conflicts. The results indicate that: first, the inheritance land division is conducted in different ways such as grants, discussion, and faraid. Second, factors influencing the land dispute cases are greed and lack of information about the inheritance legal system. Third, revitalization is important because it is ruled out in Islamic teachings and is considered absolute for Islam society. This research concludes that the Islamic Inheritance legal system is the proper method to settle land disputes in the Sasak community. Keywords: Islamic inheritance, postponing inheritance, settlement of inheritance disputes.

Settlement of Waqf Disputes and its Asset Protection in East Java, Indonesia
Mazahib Vol 20 No 2 (2021)
Publisher : UINSI Samarinda

Waqf is commonly defined as an endowment made by Muslims to a religious cause. By this definition, waqf is a spiritual practice with a divine aspect for Muslim people. In Indonesia, the implementation of Waqf is regulated in national law and adjacent to a kind of private law. Because waqf is similar to a sort of private law in Indonesia, it is possible for waqf in the future to have a dispute around property rights dissatisfaction. This article determines a determinant factor of waqf disputes in Indonesia, especially East Java. This article is an empirical legal study by looking at phenomena background of the waqf dispute and mapping out a model of waqf dispute resolution overcame by several parties. This article finds that waqf disputes in Indonesia are caused by several determinant factors, such as recognition of ownership of the founder’s family (wāqif), changes in the aims and objectives of waqf assets, and abandonment waqf assets. The result of this study reveals that maṣlalah – as a principle of Islamic law objectives – becomes a consideration in formulating a model of waqf dispute resolution. Efforts to resolve waqf disputes are often taken in two ways: first, legalizing waqf assets through religious courts. Second, the conflicts are usually resolved through either formal or informal mediation processes. Thus, litigation and non-litigation of legal process play an active role in resolving waqf disputes in Indonesia. Keywords: Waqf, settlement of waqf dispute, maṣlahah, waqf assets in Indonesia.

Page 15 of 21 | Total Record : 207

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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