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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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Mazahib: Jurnal Pemikiran Hukum Islam
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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Ex-Officio Rights in Talak Divorce:
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4219

Abstract

Abstract Theoretically, judges have the ex-officio rights to protect the rights of women and children in divorce cases. This study examines the judges' considerations in applying Ex officio rights associated with the plaintiff's profession as Pegawai Negeri Sipil (PNS, Indonesian Civil Servant) and non-civil servant. This normative legal research employed a case study and conceptual approach. The data collection techniques of this study were obtained from interviews, document content, and literature review. This study highlighted several essential points. First, the judges’ reasoning for applying ex-officio rights, which is referred to the Article 41 paragraph (c) of Law Number 16 of 2019 and the Decree of the Chairman of the Supreme Court Number: KMA/032/SK/IV/2006 concerning the Enforcement of Guidelines for Administration of Justice in Court. Second, the judges’ decision did not contradict the Ultra Petita principle since the considerations are based on logical arguments and facts such as the husband’s earning capacity, the wife’s devotion, and the wife’s loyalty. The legal basis of judges' decisions on divorce cases involving civil servants is similar to ordinary divorce cases. The divorce case is only distinguished by the addition of the regulations concerning civil servants in the divorce case of civil servants. Keywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant
Islamic Legal Status on Hajj for Transgender People according to Muslim Scholars in North Sulawesi
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4280

Abstract

Abstract This study investigates the perceptions of scholars concerning transgender people's legal status on their Hajj ritual validity. In North Sulawesi, seven scholars are considered the opinion-makers and authorities following their understanding of Hajj ritual procedures in Islamic law. The data were analyzed using qualitative methods through interviews and the needs theory by al-Shāṭibī, Ibn Khaldun, and Maslow. The results showed that the gender status of those yet to transition remains original. In contrast, the transitioned transgenders’ status should change to the original law following the court's decision. Second, the scholars approved Hajj rituals for those yet to transition because they had their actual gender and sex. Furthermore, Hajj rituals for transgenders were also legally acceptable in Islamic law following the new status exception by the court. The transgenders' Hajj rituals are valid based on their initial gender or the court's decision. The hajj practices are invalid for those who illegally transition or without court approval. Keywords: Hajj conception, Hajj rituals, transgender people, Ulama in North Sulawesi, Manado.
Globalization and the Paradigm of Islamic Law Implementation in Aceh
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4323

Abstract

Abstract This paper aims to identify and describe the global challenges that have influenced the Islamic law implementation in Aceh. Further, this article analyses Aceh's Islamic sharia law implementation paradigm based on these global challenges. This article is qualitative research with a descriptive analysis approach. The study found that the challenges of globalization that influenced the Islamic sharia law implementation in Aceh have multi-dimension issues. Those multi-dimension issues are privatization of religion, a decrease in family relationships, demographic revolution, the emergence of an artificial environment, the threat of species extinction and dangers to the climate and tropical forests, the emergence of new moral standards, appearance of innovations such as synthetic food, crime-based technology, knowledge-based education, and other disasters. Based on these global challenges, the Islamic sharia law implementation in Aceh needs a new paradigm. A new paradigm has to be connected with values, problems, and responsive and anticipative methods of Islamic sharia implementation. Implementing Islamic values constitutes the mission of protecting human rights, including protecting religion, life, property, generation, reason, honor, and the environment. Keywords: Globalization, Islamic Sharia, Islamic law implementation in Aceh
The Polemic of Pig Kidney Xenotransplantation for Human Life Sustainability:
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4379

Abstract

End-stage renal disease (ESRD) cases continue to increase. However, the increase in cases of ESRD is not matched by the supply of kidneys as a condition for being able to perform a kidney transplant. Although this is not the only way to treat this case, it is only with a kidney transplant that the patient can truly recover. New York University Langone's success in xenotransplantation procedure using a genetically engineered pig kidney has become a new polemic in Islamic law issues. According to Islamic law, a pig has forbidden legal status (haram). This article analyzes the practice of xenotransplantation of pig kidneys in the human body using the concept of “Halal-haram” by Yusuf al-Qaradawi and “Maslahah” by Harun Sencal & Mehmet Asutay. This study is a qualitative method using a library research approach. This study found that it is permissible to do prohibited things during an emergency (daruriyat). In addition, in the realm of maslahah, hajiyat cannot beat daruriyat. Finally, summing up from these two Islamic scholars’ thoughts indicates that pig kidney xenotransplantation is prohibited as long as other alternatives to treat ERSD patients are available. Some options might be taken, such as hemodialysis and blood filtration (CAPD); therefore, it cannot be considered an emergency. Keywords: Pig kidney xenotransplantation, Islamic legal thoughts, halal-haram concept, principle of mashlahah
Stay at Mosque: Congregational Worship, Covid-19 Pandemic and Islamic Living Law in West Sumatra.
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4649

Abstract

Abstract The article explains people’s argumentation in Minangkabau, who decided to continue worshiping at mosques during the COVID-19 pandemic. The data shown in this article were acquired through in-depth interviews with six sources: ulama, traditional-cultural figures, and mosque caretakers who continue to hold congregational prayers during the pandemic. The study found that the religious-cultural identity inherent in Minangkabau people serves as a driving factor for them to keep on praying in mosques during the pandemic. These congregational worshiping activities in mosques during the pandemic had subsequently become more widespread as the government had not monitored them. This condition indicates that government or state policy on Covid 19 pandemic is negotiable with the religious culture of the Minangkabau people. This article may have implications for studies concerning Islamic laws relating to worship in the socio-cultural context during health emergencies and new relations between the ulama (Islamic scholars), government, and traditional-cultural-religious figures. Keywords: Mosque-Surau, COVID-19 pandemic, Minangkabau, Ulama
The Use of Marijuana for Medical Purposes: Between Normativity and the Principle of Islamic Law perspective Achmad Arif; Andini Rachmawati; Imam Kamaluddin; Nurjihan Naifah
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.4751

Abstract

The limited availability of drugs for rare diseases makes some people use various ways to get treatment. One of them is using marijuana as medicine. In Islam, marijuana is not written directly in the texts, but it can be studied with Islamic legal principles in determining its ruling. Therefore, this paper aims to review the use of marijuana for medical needs from the point of view of the principle of Islamic law “al-ḥukmu yadûru ma’a al-'illah wujûdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent). This study is library research sourced from the Islamic Jurisprudence references, then analyzed by the inductive method. The research results indicate that marijuana as a treatment is relatively new, and Islamic jurisprudence does not explicitly explain its legal use. Moreover, its use for health services is prohibited in the Narcotics Law. Marijuana in Islam is known to have an intoxicating cause that makes it haram (prohibited). The principle of Islamic law, “al-ḥukmu yadûru ma’a al-'illah wujûdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent), serves as an excellent guide to know when a law applies and when it is suspended. If there is a cause (‘illah), then there is a law; if there is no cause (‘illah), there is no law. However, the reason (‘illah) with marijuana is a type of common cause (al-'illah al-muta’addiyah) where the branches of law (far’u al-ḥukm) follow the original law. Therefore, the use of medical marijuana is still illegal. Islam allows treatment with forbidden materials (haram) only in emergencies following the terms and conditions of emergency (dharuriyat) in Islam. Keywords: Marijuana, Medical, the principle of Islamic law “al-ḥukmu yadūru ma’a al-'illah wujūdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent)
Pursuing Legal Harmony: Indonesianization of Islamic Law Concept and Its Impact on National Law Suud Sarim Karimullah
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.4800

Abstract

This study responds to a polemic on Indonesia’s formalization of Islamic law, which is inseparable from the dynamics of political authority and the internal views of Muslims. It seeks to describe, explore, construct, and analyze the ​​Indonesianization of Islamic law, as proposed by Kamsi, an Islamic law professor at Sunan Kalijaga State Islamic University of Yogyakarta, as one of the efforts to make Islamic law become the national law. The Indonesianization of Islamic law, namely by legislating or codifying Islamic law through the state system so that it is enforceable in Indonesia. This study is conceptual research using a legal philosophy approach to comprehend an Islamic legal thought from a sharia scholar using the content analysis method. The results of this study show that the concept of Indonesianisation of Islamic Law uses a modern knowledge system as the paradigm. This effort seeks to nationally legalize Islamic law through Indonesian legal instruments that can give birth to inclusiveness and tolerance coupled with pluralism with differentiation in unification. Its theoretical implication emphasizes a need for epistemological and axiological adjustments to realize the concept of Indonesianization of Islamic law. The idea should also apply nationally within the framework of Pancasila (the Indonesian state’s ideology) as a democratic country. Keywords: Kamsi, Indonesianization of Islamic Law, National Law.
Political Reorientation of Indonesian Sharia Economic Law: Legal Politic of Trade Law on Sharia Multilevel Marketing Tri Hidayati; Masyithah Umar; Fathurrahman Azhari
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.4971

Abstract

Sharia multilevel marketing is a part of Sharia economic activity that has not been internalized in Indonesian trade law. This article discusses the formation of legal norms for direct selling in Indonesia and analyzes the legal politics of establishing trade law against sharia multilevel marketing. This article is normative legal research that uses both statutory and historical approaches. The data for this study were sourced from literature and interviews and using the inductive method analysis. The findings are, firstly, the law of multilevel marketing in Indonesia, through the stages of regulation and legislation, aims to provide legal certainty and anticipate the practice of pyramid schemes. Second, in legal politics, the formation of national trade law is not responsive to the existence of a Sharia economic system, especially sharia multilevel marketing.
Politics and Islamic Laws in Indonesia (Case Study of Muslim Prayer Procedures During the Covid-19 Pandemic) Delmus Puneri Salim
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.5060

Abstract

Scholars have analyzed the increasing implementation of Islamic laws in Indonesia after the 1998 reform. They have shown that traditional Islamic laws practiced in the past are being implemented again today, such as caning in Aceh, hijab for women in West Sumatra, and the obligation of Qur’anic literacy in South Sulawesi. Few scholars show otherwise about rational and accommodating laws in contemporary Islamic laws. By analyzing fatwas, circulars, and instructions issued by three prominent Islamic institutions in Indonesia regarding the procedures for praying during the Covid-19 pandemic, this article shows, as Jeremy Menchik (2014) pointed out, that Islamic laws are changeable and can be influenced by science and government and non-government institutions. The Muslim prayer procedures during the Covid-19 pandemic show that while Islamic authorities are still crucial in managing Muslim societies, their interpretation of Islamic laws is subject to change from time to time. The results of this study imply that Islamic institutions and government and non-government institutions can work together in managing contemporary Muslim societies utilizing progressive interpretations of sharia. Keywords: Politics, Islamic laws, Covid-19, Islam, Indonesia
Mohammed Arkoun’s Thought on Sharia Deconstruction: A Historical and Anthropological Approach Makmun Syar'i
Mazahib Vol 21 No 2 (2022): Volume 21, Issue 2, December 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i2.5131

Abstract

This article explores Mohammad Arkoun’s thoughts on understanding Islamic Sharia in the modern world. Arkoun’s thought differs from previous Islamic thinkers in analyzing Islamic texts. Arkoun exceeded the limit of traditional Islamic studies by utilizing several elements from Modern Western philosophy, social sciences, and humanities. Arkoun took this effort to realize his ambition, which was the combination of valuable thoughts from Islamic notions and modern philosophy. In the philosophy of Islamic law, the combination in line with the particular theorem stated: “al-muhāfaẓah `alā al-qadīm al-ṣālih wa al-akhdzu `alā al-jadīd al-aṣlah” (literary means keeping good old traditions and adopting a new better ones). Islamic sharia should be related to historical context. According to Arkoun, the traditional and textual paradigm in understanding Islamic sharia leads people to misunderstand Quranic interpretation. People sanctify Islamic thoughts instead of understanding the substantial meaning behind the Quranic texts. Arkoun called this phenomenon “taqdīs al-Afkār ad dīniyyah” (sanctifying religious thoughts). This study finds that Arkoun’s thoughts are close to an anthropological and historical approach. The Quranic interpretation has to look at both universal and particular texts of the Quran by deconstructing the logic and discourse that underlay the emergence of these texts. Keywords: Muhammad Arkoun, Quranic interpretation, sharia deconstruction, historical and anthropological approach.

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