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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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Towards the Empowerment of Waqf Based on Community Needs in the Mentawai Islands West Sumatra: The Case of the Al-Qur'an Wakaf Board Tiswarni, Tiswarni; Hidayat, Rahmat; Novia, Aidil; Jayusman, Jayusman; Hadi, Sutrisno; Alfadhli, Alfadhli
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.v22i2.5908

Abstract

This article explains the utilization of Al-Qur'an and Development Waqf (WAP waqf) and clean water waqf through the Al-Qur'an Waqf Board in the Mentawai Islands, which is based on the basic needs of the community in the religious and social fields. This waqf was motivated by the backwardness of the people in the Mentawai Islands from a religious and social perspective, which prompted the Al-Qur'an Waqf Board to allocate waqf programs there. Research data was collected through in-depth interviews and documentation. It was then analyzed descriptively and qualitatively. The research findings show that the Al-Qur'an Waqf Board allocates Al-Qur'an accompanied by guidance to the Mentawai Muslim community as waqf. The utilization form of WAP waqf for Mentawai Islands people provides broad access to studying and understanding the Al-Qur'an, coaching daily worship, coaching and mentoring new converts to Islam, and coaching preachers before preaching to the community. The utilization of the water waqf is in the form of building clean water facilities in mosques and near residential areas, accompanied by religious and sanitation development for the communities receiving the waqf benefits. These findings can have implications for the importance of understanding the main problems of society so that the utilization of waqf can be more diverse and provide maximum benefits. The utilization of waqf must address the basic needs of society so that it can solve problems that develop in society while still relying on sharia.
Legal Reform of Zakat Management Based on Personal Data Protection Law in Indonesia Rahmatullah, Indra; Suwadi, Pujiyono; Purwadi, Hari
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.5917

Abstract

This article proposes the idea of accommodating the concept of personal data protection in zakat management law in Indonesia. It is because the Zakat Management Organization and online platforms that facilitate zakat payments online still need legal certainty regarding collecting, using, and reporting personal data about zakat payers (muzakki). There needs to be more clarity on the types of muzakki's personal data that can be collected and reported by Zakat Management Organization and online platforms to the government, which creates the potential for a muzakki's personal data breach. This article uses normative legal research methods with statutory and conceptual approaches. In conclusion, a mutually agreed-upon personal data protection agreement is required between Zakat Management Organization, the online platform, and muzakki. Therefore, it is necessary to reform the zakat management law to be adaptive to personal data protection by amending Law Number 23 of 2011 concerning the Management of Zakat.
Widows’ Rights and Customary Law: Addressing Responsive Law to Divorce Cases of Tolaki Community in Indonesia Kamaruddin, Kamaruddin
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.v22i2.6154

Abstract

This article discusses the tendency to ignore women's rights in customary law practices in the Tolaki tradition, Southeast Sulawesi, Indonesia. Women often become a victim of deprivation of rights by customary legal tradition, such as ex-wife rights in post-divorce and the right to make choices. This article aims to discuss how widows are protected by custom by offering responsive law as a process for resolving marriage and divorce through customary decisions. Normatively, legal divorce settlements can only be processed through religious court institutions. Using a normative-empirical approach, this study has three significant findings. First, the process of resolving family conflicts involves complying with applicable customary provisions that must be obeyed by the Tolaki community. Second, tradition is not the only basis for consideration in the elements for making customary decisions. Third, responsive law can theoretically direct the lives of the people of the Tolaki traditional community by providing recommendations for considerations that are in accordance with the social structure and community relations related to the application of customary law. However, according to custom, widows who are not resolved before a court hearing can be followed up again to immediately register their case in a religious court in order to minimize neglect of the right to terminate a unilateral divorce and the rights of the widow and children after divorce. Under these conditions, offering responsive law is a strategy to balance rights in divorce cases bound by state legal norms.
Legal Formulation for Forced Marriage Prevention through the Decision of Wali Mujbir in Religious Courts and its Relevance with Maqȧṣid Syari‘ah and Human Rights Halim, Ahmad Rasyidi; Al Amruzi, M. Fahmi; Jalaluddin, Jalaluddin
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.6189

Abstract

Based on the Annual Report of the Indonesian Religious Court and Religious Court Decisions throughout Indonesia year 2020-2021, there were 5,080 divorces caused by forced marriages and 3446 divorces caused by arranged marriages without the basis of love. The number of cases shows that the practice of forced marriages and arranged marriages without love is still rife, which is the cause of divorce in society. Based on this background, this research probes efforts to prevent forced marriages through religious courts by proposing the wali mujbir prevention norm in the marriage law. Through this norm, children or parties under guardianship can file a case to the Religious Court to prevent forced marriages they are experiencing. This study shows that creating the wali mujbir prevention norm in the marriage law aims to accommodate the role of children actively, directly, and independently to prevent forced marriages against themselves by marriage guardians. If the marriage guardian is proven to have taken forced actions to marry off a child or person under his guardianship, then the marriage guardian is declared a wali mujbir, as stated in the ruling of the religious court. This proposal is one of the efforts to reduce the high number of divorces in society.
Towards a Holistic Halal Certification Self-Declare System: An Analysis of Maqasid al-Sharīʿah-Based Approaches in Indonesia and Malaysia Hasan, Maisyarah Rahmi; Abd Latif, Mohd Syahiran
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.6529

Abstract

Despite the transparent and legal-compliant implementation of the Halal certification system in Indonesia and Malaysia, there are obstacles in practice, such as quality control and supervision for Halal-certified products. Therefore, it is necessary to implement a comprehensive Halal certification system founded on Maqasid al-Sharīʿah. This study employs normative-doctrinal legal research to provide recommendations for resolving issues associated with implementing the Halal certification system in Indonesia and Malaysia. It reveals that both Indonesia and Malaysia have institutions tasked with administering the Halal certification system; in Indonesia, it is administered by Badan Penyelenggara Jaminan Produk Halal (Halal Product Guarantee Organizing Agency or BPJPH), and in Malaysia, Jabatan Kemajuan Islam Malaysia (Department of Islamic Development Malaysia or JAKIM). Quality control and supervision are obstacles to implementing Halal certification in Indonesia and Malaysia, particularly self-declaration. Due to the misuse of Halal labels and the incorporation of non-submitted materials and products, rigorous oversight is necessary for the products that acquired Halal certificates using this scheme. Business actors lack knowledge and comprehension of the Halal guarantee system, which prompts them to implement the objectives of Halal certification. Adopting Maqasid al-Sharīʿah is necessary to put in place a Halal certification system that prioritizes business actors' awareness of the goals of Halal certification, which include the preservation of religion, life, the mind, ancestry, and property. Moreover, this preservation aligns with the goal of Halal certification's contribution to spiritual and worship strength.
Challenges in the Halal Industry Ecosystem: Analyzing the Halal Certification Process for Micro, Small, and Medium Enterprises in Lombok, West Nusa Tenggara Prawiro, Atmo; Fathudin, Fathudin
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.v22i2.7010

Abstract

This article examines the challanges of the halal industrial ecosystem by studying halal certification for MSME (Micro, Small, and Medium Enterprises) in Lombok. Halal certification has a good impact on small and medium businesses in Indonesia. Although previous research indicates that the proportion of halal-certified micro, small, and medium enterprises (MSMEs) in Lombok is still under 20%, this figure is steadily increasing, allowing for open competition. This article employs a qualitative methodology with a socio-legal economic analysis approach. Data were gathered through interviews with MSME business owners, Muslim consumers, and halal policy makers in Lombok. The findings reveal that halal certification plays a crucial role in enhancing MSME operations and promoting the development of halal tourism in Lombok. However, the complexity of halal certification requirements and the obstacles MSME faces in Lombok must be ruled out effectively. By increasing knowledge, understanding, and awareness of MSME actors regarding halal certification rules and improving administrative processes related to halal certification, MSME in Lombok will better utilize the market potential for halal products. Keywords: Halal industry, halal certification, MSME, impact of certification
Critique on Salafibism and it’s Significance for Indonesian Islamic Moderation: Study on Khaled Abou El-Fadhl’s Thought Fanani, Muhyar; Iswanto, Bambang
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.v22i2.7046

Abstract

This paper aims to prove the importance of Khaled Abou el-Fadhl's (b. 1963) critique on Salafibism for mainstreaming Islamic moderation in contemporary Indonesia. This research examines Khaled's critique using the approach of ‘ilm uṣūl al-fiqh, a technique that analyzes the nature, secrets, and purposes of Islamic teachings including its laws. The problem examined in this research is the significance of Khaled's critique on Salafibism for mainstreaming Islamic moderation in contemporary Indonesia. This research concludes that from the perspective of ‘ilm uṣūl al-fiqh, Khaled's critique on Salafibism is crucial for mainstreaming Islamic modernization in present-day Indonesia. The significance of the critique lies in three things: (1). Providing the new awareness and energy for Indonesian Islamic scholars to campaign for moderate Islam and rejects puritanical Islam, especially Salafibism. (2). It provides theoretical guidance for the Islamic moderation movement in Indonesia, especially the importance of the balance between literalism and maqāṣid as well as between text and context in understanding the holy book. (3). Creating the practical guidance for the Islamic moderation movement in Indonesia to counter extremism. This research indicates that adopting a moderate approach to Islam holds significant promise for achieving local, national, and global religious harmony. In contrast, the puritanical approach, which hinders such concord, should be abandoned. Keywords: Critique, puritanism, salafibism, Islamic moderation, contemporary Indonesia
Imam Abu Hanifah: The Vanguard of Moderation in Islamic Jurisprudence and the Global Dissemination of Moderate Islam Rizapoor, Habiburrahman; Rahimi, Mohammad Rashid
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.v22i2.7088

Abstract

This article examines the role of Imam Abu Hanifah in the spread of moderate Islam. Through an analytical and descriptive research approach, the study investigates whether Imam Abu Hanifah can be considered one of the prominent scholars of Wasatiah Islam and explores the impact of his views on the dissemination of moderate Islamic teachings worldwide. The article assesses the influence of Imam Abu Hanifah’s teachings on the dissemination of moderate Islam across different regions. Based on the findings, this article concludes that Imam Abu Hanifah can indeed be considered a prominent scholar of moderate Islam. His madhab, rooted in moderation and flexibility, has played a significant role in the spread of moderate Islamic teachings worldwide. Imam Abu Hanifah’s emphasis on contextual understanding and his pragmatic approach to Islamic jurisprudence have resonated with diverse communities and contributed to the acceptance and propagation of moderate Islamic values in different parts of the world. This research contributes to the existing body of knowledge on Islamic scholarship by shedding light on the significant role played by Imam Abu Hanifah in the dissemination of moderate Islam. It underscores the importance of balanced interpretations and contextual understanding in promoting a moderate and inclusive understanding of Islamic teachings. Keywords: Imam Abu Hanifah, Al-Islam Al-Wasatiyyah, Al-Madhhab Al-Hanafi, Al-Islam Al-Mu'tadil
The Distribution of Pusako Randah Property in Minangkabau Society: Between Cultural Tradition and Islamic Law Provision Nofialdi, Nofialdi; Rianti, Siska
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.7257

Abstract

This article discusses the distribution of pusako randah property by the Minangkabau people. Pusako randah property is distributed when parents, as the property owner, are still alive and distributed only to daughters (daughter-based distribution). Whereas, according to the consensus of Tungku Tigo Sajarangan attended by ulama, ninik mamak, and intellectuals-scholar in 1952, the distribution of pusako randah property should be executed using farāid mechanism. Some data are obtained from in-depth interviews with six custom figures. The finding of this research reveals that the distribution of pusako randah property is not only executed after the death of parents but also divided before the parents’ death. Besides, pusako randah property is intended only for daughters, while sons do not have a right to inheritance property. Distribution agreement of assets while parents are still alive in Islam is categorized as a gift (hibah) to anticipate (sadd al-dzari'ah) potential property disputes after parents die. In the inheritance traditions of other Minangkabau people, the distribution agreement of assets when the parents are still alive while the transfer after the parents die could be categorized as a will distribution (waṣiah). However, the distribution still exceeds one-third of the total assets. The allocation of inheritance only to daughters is a tradition that deviates from the Tungku Tigo Sajarangan consensus, even though the aim is to realize a universal benefit. Keywords: Inheritance distribution, pusako randah property, Minangkabau
Contextualising Fajr Sadiq: Response to Dawn Research Findings with the Sky Quality Meter (SQM) Maskufa, Maskufa; Damanhuri, Adi; Sopa, Sopa; Hadi, Ahmad Chairul
Mazahib Vol 23 No 1 (2024): VOLUME 23, ISSUE 1, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i1.7293

Abstract

The article needs to address the problem of dawn time too early in Indonesia. To prove this, the researcher used the Sky Quality Meter (SQM) in four locations with different sky brightness levels: Labuan Bajo, Belitung, Sidoarjo, and Bogor. In addition, the article also seeks to explain the views of the government and Islamic organization using SQM. This research uses normative, astronomical, and sociological approaches. The results showed that the value of the sun's tilt during the Dawn Sadiq period was -19.30º to -13.58º. The appearance of dawn can be detected earlier in locations with high sky brightness and low light pollution, such as in Labuan Bajo (-19.30º), while in other places with opposite conditions, the appearance of Dawn Sadiq is slower, such as in Bogor (-13.58º). If the SQM observation in Labuan Bajo is used as a reference, it will not significantly impact the current dawn schedule (dip = -20⁰). The use of SQM for dawn observation is acceptable to the Ministry of Religion and Islamic organizations. However, considering the mixed results of dawn research with SQM, the response of the Ministry of Religious Affairs, Nahdlatul Ulama, and the Islamic Association still uses dip = -20º, while Muhammadiyah shifts to dip = -18⁰. To minimize differences, it is necessary to conduct joint research on an ongoing basis to produce stable data on the setting of the sun at dawn.

Page 18 of 21 | Total Record : 207

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