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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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Negotiating Muslim Interfaith Marriage in Indonesia: Integration and Conflict in Islamic Law Mohamad Abdun Nasir
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.v21i2.5436

Abstract

Conflict can emerge from marriage involving parties of a different faith. However, interfaith marriage may also expose negotiation to secure the union. Although interfaith marriage is normatively restricted in Islamic law, it does occur. This study departs from the normative discourse of Islamic law and the empirical research of Muslim family law. It uses the theory of law, conflict, and integration to analyse the textual debates and practice of interfaith marriage in Lombok, Indonesia. This study reveals the patterns of Muslim interreligious marriage and the conversion that applies. The first pattern shows that non-Muslim partners convert to Islam before the marriage can be concluded. The second pattern involves Muslims who leave Islam to marry their non-Muslim partner. The third pattern suggests that each couple adheres to a different belief during the marriage even though the marriage contract was performed according to Islamic law. From the perspective of Islamic law, in the sense of sharia and Muslim family code, the first pattern is the most ideal because it follows these Islamic legal normativities. Although all practices have the potential for family and social integration, the second pattern is the most susceptible to conflict. Keywords: interfaith marriage, conflict, integration, Islamic law
Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury? Ezzerouali, Souad; Chami, Yassine
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5298

Abstract

Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented. Keywords: legal drafting, definitions, improvement of law, legal security.
The Constitutional Court Decision and Islamic Philanthropy Movements: Analysis of Zakat Organizations Legality in Samarinda Iswanto, Bambang; Hadinatha, Miftah Faried
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5968

Abstract

As the capital of East Kalimantan province, Samarinda city government has adequate access to ensure the Legality of zakat management organizations in its jurisdiction. However, many community-based zakat agencies still carry out their activities without state license. Otherwise, the Constitutional Court Decision Number 86/ PUU-X/2012 obliges these zakat agencies to get the Ministry of Religious Affairs permit based on the National Amil Zakat Agency (BAZNAS) recommendation, in this case, the BAZNAS of Samarinda. This article focuses first on the legal implication of the Court’s decision which confirms the constitutionality of the zakat agencies' licensing requirement in Indonesian Zakat Law. Second, it probes the Samarinda community-based zakat agencies' stance on unlicensed activities and factors affecting their compliance with the Court's decision. Using socio-legal method, this article finds that the Court has established a norm that every zakat management organization must obtain the state's license as long as they operate within the jurisdiction of BAZNAS. Hence, it is considered illegal when community-based zakat agencies in Samarinda manage zakat unlicensed because every corner of the city is arguably within reach of BAZNAS Samarinda operation. Nevertheless, the Court's ruling is not observed by the society in Samarinda because they build their own social construction in implementing the Islamic teaching of zakat. Their stance is mainly influenced by religious motives instead of legal compliance, as well as the hereditary obedience to religious figures. Although many zakat agencies are not licensed, the society always feels benefited and facilitated by their work of collecting and distributing zakat in their region. Keywords: Amil zakat, legality, Constitutional Court, Samarinda
Legalization of Informal Hibah and Wasiat through Isbat Hibah and Wasiat in Religious Courts Hidayat, Rahmat; Aseri, Akh Fauzi; Hanafiah, M
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5152

Abstract

Abstract Based on the Religious Judiciary Annual Report in 2020, there have been many lawsuits for hibah and wasiat in the religious courts due to informal hibah and wasiat. On the other hand, there are no rules governing the religious courts' authority in legalizing the practice of informal hibah and wasiat. This study initiated the discourse on the legalization of informal hibah and wasiat through isbat hibah and wasiat in the religious courts. Hence, what are isbat hibah and wasiat and their legal basis as a renewal of the religious courts' authority in Indonesia? This study is normative legal research in which legal norms in statutory regulations are examined as research objects. This study's results indicate that informal hibah and wasiat still occur in society, which raises social problems such as conflicts between recipients of informal hibah and wasiat and the heirs of informal hibah and wasiat. These social problems occur when the giver or recipient of informal hibah or wasiat passes away. Meanwhile, the subject or object of the related hibah and wasiat does not yet have a formal foundation. Legal problems related to informal hibah and wasiat lead to legality issues due to the absence of authentic evidence showing that the subject or related object has given or received a certain hibah or wasiat. Even though every legal action must be carried out legally and formally, The concept of isbat hibah and wasiat under the authority of religious courts aims to achieve the certainty, fairness, and legal benefits of informal hibah and wasiat. Keywords: Legalization, informal hibah and wasiat, isbat, Indonesia Religious Courts.
Islam and Maritime Security Cooperation Zone for Combating Terrorism: An Overview of Islamic Legal Thought Prakasa, Satria Unggul Wicaksana; Al-Fatih, Sholahuddin; Bachtiar, Hasnan
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.6134

Abstract

This article aims to examine the phenomenon of cooperation among Southeast Asian countries in dealing with the case of maritime security and counter-terrorism. The study uses the legal approach covering both international law and Islamic law perspectives. The finding of this article reveals that the implementation of the ASEAN Convention on Counter-Terrorism (ACCT) plays a crucial role in combating terrorism in the context of maritime security. Furthermore, relevant ASEAN member state authorities need follow-up support to enhance cooperation. The supports are important to counter, prevent, and suppress terrorism, terrorist organizations, associations, and networks' plans of the act. Yet, the implementation of ASEAN cooperation has faced the challenging reality of the paradox of maritime sovereignty among states in the region. The problem is likely encouraged by the factor of the internal political dynamics within each state involving the instrumentalization of the issue of national security. Instead of remaining as the problem on the surface, the conceptual initiation of the cooperation forged by religious doctrine such as ta'awun may be considered.
Halal Industry: A literature Bibliometric Review on Halal Studies Darmawati, Darmawati; Hardiana, Dian; Mainata, Dedy; Nuryadin, Muhammad Birusman
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5477

Abstract

The halal industry has become the fastest-growing global business and has reached 1.8 billion consumers globally with an estimated value of USD 2.1 trillion and has become the main focus for developing halal recognition processes or regulatory agencies in making the halal industry growth. This study aims to find out the most influential writers and what issues are most explored in the halal industry, the pattern of halal industry research, which countries and their relationship with publications can be used as benchmarks for further research, present findings from the most written articles, and provide direction for further research on the theme of the Halal Industry. This study quantitatively analyzes the literature on the halal industry, represented by 141 English articles from the Scopus database from 2009 to 2022. By using a bibliometric approach plus content analysis. This study found that Malaysia was the most relevant country: The University of Technology MARA is the most relevant institution, International Journal of Supply Chain Management, the Journal of Islamic Marketing, Malaysian Journal of Consumer and Family Economics, and Pertanika Journal of Social Sciences and Humanities. There are three main clusters of research: (1) Halal Business, (2) Halal Industry and Tourism, and (3) Halal Marketing and Certification.
Faith-Based Organizations’ Humanitarian Work from the Disaster Risk Governance Perspective: Lessons from Covid-19 Pandemic in Indonesia Prianto, Andi Luhur; Usman, Sunyoto; Amri, Aqmal Reza; Nurmandi, Achmad; Qodir, Zuly; Jubba, Hasse; Ilik, Goran
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.6317

Abstract

The Covid-19 pandemic has represented a risk to human life. “What is the role of religion in disaster risk governance” is a critical question for Faith-Based Organizations (FBOs) in times of crisis. As a religious observance form, FBOs must correlate sacred religious doctrines with practical problems of human life and build sustainable actions in disaster governance. This study seeks to examine further the significance of religion-based organizations in the agenda for handling the adverse effects of the Covid-19 pandemic. This paper uses qualitative research methods with NVivo 12 Plus as a data processing tool. The results of this study indicate that in emergency response, recovery, prevention, and preparedness, FBOs in Indonesia are integrated and encourage interfaith collaboration in handling the COVID-19 pandemic. The FBOs demonstrate the ability to collaborate across non-state sectors and play a multidimensional role. Through the sacred doctrine of religion, FBO mobilizes its members to comply with government policies and participate in efforts to mitigate the adverse effects of the covid 19 pandemic. Thus, maslahah, also known as the objectives of sharia, is an essential Islamic law principle that encourages Islamic organizations to engage in disaster risk governance efforts during the Covid 19 pandemic.
Utilitarianism in Halal Tourism Development in Indonesia Santoso, Lukman; Wahid, Soleh Hasan
Mazahib Vol 22 No 2 (2023): VOLUME 22, ISSUE 2, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i2.5418

Abstract

Halal tourism is one of the fastest-growing areas in the world economy. As a Muslim-majority country, Indonesia has the potential to promote halal tourism. However, there are still many problems in the development of halal tourism to realize sustainable benefits and the welfare of the people. This study aims to explore the development of halal tourism in Indonesia from a helpful philosophical perspective. By using a qualitative-interpretative approach, this study employed a library research method. This study provides findings that the development of halal tourism in Indonesia has not given the maximum benefit and welfare impact. Therefore, in the future, in formulating tourism development policies, it is essential to prioritize integrative and responsive aspects by involving all stakeholders and aligning them with the sustainable national development framework. The contribution of this study seeks to present regulatory formulations that have a positive impact on many people and rely on rule utilitarianism. Thus, it will give birth to a halal tourism policy that is inclusive, humane, and contextual to national and global dynamics.
Dynamics Encounter of Tradition and Religion in the Wedding Parade (Baarak Bako) in Solok City West Sumatra Azwar, Zainal; Majid, Hamidun; Firdaus, Firdaus; Zulfan, Zulfan; Arlis, Arlis
Mazahib Vol 22 No 2 (2023): VOLUME 22, ISSUE 2, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i2.5517

Abstract

Islamic Sharia stipulates that marriages must be announced to the public. One method of the announcement is through walīmat al-‘urs, translated differently in different Muslim communities. In the city of Solok, West Sumatra, one of the forms of walīmat al-‘urs is the baarak bako tradition (a wedding parade around the village). Baarak bako's implementation frequently clashes with obligatory prayer times in Islam, causing many participants to leave the prayer. This research aims to examine the background of the baarak bako tradition, the reasons for deciding the time to perform baarak bako, and the effects of baarak bako on prayer services. Using a qualitative method, this article revealed that the origin of baarak bako was the desire of the bako (father's female family) to show their presence by enlivening anak pisang's (the children of a brother) wedding. According to the custom, the best time to announce a marriage is in the afternoon because people are already at home and have finished their activities outside the home; the implementation of baarak bako resulted in some participants failing to perform the obligatory prayers. The neglected prayers are carried out in jama' (merging two prayers). Others, on the other hand, leave the prayer without jama'. The people of Solok City are very rigorous about following customary rules. When religious law and customary law rules conflict, some people prefer customary rules over religious rules and vice versa. These findings show the dynamic relationship between religion and customs in the Minangkabau ethnic group, West Sumatra. These two norms can coexist and adapt to each other in practice. Keywords: Islamic law, prayers, marriage, tradition, baarak bako.
The Complexities of Implementing Gazetted Fatwas in Malaysia's Federal Territories Zainal Abidin, Nur Hazirah; Nasohah, Zaini
Mazahib Vol 22 No 2 (2023): VOLUME 22, ISSUE 2, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i2.5862

Abstract

In Malaysia, non-compliance with a fatwa constitutes a breach under Shariah criminal jurisprudence. In such violations, it is imperative to undertake appropriate enforcement measures to address and mitigate the issue effectively. However, the implementation of enforcement has many challenges. One of the main challenges in enforcing a Shariah criminal offense is to meet the elements of proof for each offense committed. This article aimed to discuss some of the challenges regarding the enforcement of fatwas in the Federal State Territory. This research adopts a qualitative methodology, employing document analysis as a primary tool for data collection. Additionally, the study utilizes interviews to gather insights about the challenges encountered in enforcing fatwas within the community. The collected data is subsequently subjected to descriptive analysis for a comprehensive understanding. The results of the study found that among the main challenges faced by the Enforcement Division of the Federal Territory Islamic Religious Department (JAWI) are the weakness in fulfilling the elements of proving the wrongdoing of the fatwa, lack of specific expertise in matters related to investigation and intelligence as well as a lack of enforcement officers. This situation significantly influences the enforcement department's capacity to implement fatwa compliance measures within this state effectively.

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