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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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Muslim-Malay Women in Political Leadership: Navigating Challenges and Shaping the Future Ramli, Mohd Anuar; Syed Jaafar, Syed Mohd  Jeffri; Md Ariffin, Mohd Farhan; Kasa, Annuar Ramadhon; Qotadah, Hudzaifah Achmad; Achmad, Adang Darmawan; Siswanto, Siswanto
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.v23i1.7500

Abstract

Women's participation in politics, particularly in leadership roles, remains a contentious topic within Muslim communities. This situation is due primarily to the prevalent interpretation that men are inherently more qualified for national leadership positions, as influenced by the patriarchal structure of society and persistent stereotypes that undermine women's capabilities. These cultural and societal barriers hinder women's ascension to the highest echelons of political power, especially in countries like Malaysia and Indonesia. This study seeks to analyze Islamic jurisprudence originating from the Quran and hadith interpretation of women's status to address the common misconception that Islam inherently supports misogyny. It then contextually puts the analysis of Malay women's obstacles in achieving political leadership in Malaysia and Indonesia. This socio-legal research is aimed at understanding the complexities of gender-based challenges in political settings caused by prevailing non-moderate interpretation of Sharia sources combined with patriarchal culture in the Malay world. It reveals that historically, in Malay, women have been entrusted with national leadership responsibilities. Similarly, from an Islamic perspective, there appears to be a misinterpretation of hadith regarding the prohibition of appointing women as national leaders. Thus, this traditional culture that permits women to hold leadership positions must be re-polished because women can utilize their liberties, including leadership, previously denied by non-moderate views.
The Reality of Violence Against Wives: Dynamics of Social Settlement and Support in Lamongan, East Java Sabri, Fahruddin Ali; Rohmah, Linda Farihatur; Ghufron, Muhammad; Hadi, Mukhammad Nur; Musafa'ah, Suqiyah; Nadhifah, Nurul Asiya
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.v23i1.7512

Abstract

As a hidden crime, violence against wives is considered a disgrace to be discussed in public, especially reported to state and non-state actors. At first, victims feel able to resolve violence without outside intervention from outside their household, but repetition after repetition of violence requires them to choose what kind of resolution is right for them. This choice should be made after they have the support of individuals in their social environment. This study aims to explore the knowledge and experience of victims of violence against wives in choosing one among legal norms favorable to them. This study uses a critical realist approach by collecting qualitative data with dialogue techniques and observations of three women who were victims and six people who provided support to victims. We conclude that victims experience a dynamic psychological state, where initially, they always try to maintain the integrity of their household. The dominance of men and the subordination of women as a reality of cultural norms are essential factors in choosing ways of resolving conflicts at the community level, and we consider that the community has succeeded in providing social support to victims so that victims feel they get help and defense. However, we hope that this social support can be carried out through structured, systematic, and massive protection of victims of violence from State and non-state actors while considering the cultural norms of the community and supporting the identification of violence.
Determination of the Minimum Age Limit for Marriage: Balancing Legal Supremacy and the Objectives of Sharia in Indonesian Marriage Law Fausi, Achmad; Asmuni, Asmuni
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.v23i1.7611

Abstract

Based on the new Indonesian marriage law provision, marriage is only permitted if the man and woman have reached the age of 19 years. Since then, a relatively high violation of marriage law has occurred, marked by the practice of early marriages for children. Thus, the function of law as a tool of social engineering and a means of order does not work well. The research is a normative legal study that utilized the State of Law Theory, the Law Protection Theory, and the Maqāṣid Sharia to analyze the loophole in Indonesian marriage law provisions on minimum age of marriage, application for an early age marriage, officialization of unregistered early age marriage, and their practice in the Religious Court. This study reveals that the law supremacy of lowering the minimum age of marriage has the noble purpose of safeguarding religion (hifẓ al-din) through marriage at the appropriate age, the soul (hifẓ al-nafs) from the threat of death through children marriage, the mind (hifẓ al-aql) through the provision of opportunities for higher education, the offspring (hifẓ al-nasl) from the threat of stunting and miscarriages, and property (hifẓ al-māl) from the threat of poverty as a result of children being denied their right to an education. Therefore, upholding the primacy of benefit (maṣlahat) and rejecting damage is the desired outcome of the legislation limiting the age of marriage. By increasing the minimum marriage age, Indonesian law has created a breakthrough in unifying the state and Islamic legal norms, with one of its sources being 'urf (customs or practices of a society).
The Influence of the Shafie School on Fatwa Methodologies in Malaysia: Toward the Unity of Ummah’s Objective Harun, Muhammad Safwan; Ali, Abdul Karim; Ahmad Syahir, Aminun Nabil
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.v23i1.7620

Abstract

Maqāṣid al-shariah, which refers to the aim or goal intended by Islamic law to benefit humankind, is closely related to the issuance of fatwas. This condition raises the question of whether maqāṣid al-shariah is fully considered in the fatwa issuance process in Malaysia. The methodology used in issuing fatwas in Malaysia is unique as the Shafie school is the primary reference, and the methodology aims to create a systematic fatwa management system in preserving unity. However, the approach does not generally embrace maqāṣid al-shariah, such as freedom, and favors an easier option (al-taysīr) to examine diverse views outside the Shafie school. This condition raises questions about the capability of the sectarian methodology practiced in the current issuance of fatwas and whether the fatwa methodology tied to the Shafie school can manifest maqāṣid al-shariah in every law. This paper aims to examine the achievement of maqāṣid al-shariah in the fatwa methodology that contains the strong tradition and influence of the Shafie school. Through inductive, deductive, and comparative document research, this study revealed three main findings. First, maqāṣid al-shariah in the fatwa methodology in Malaysia is applied through shariah arguments parallel with the uṣul al-fiqh framework. Second, the Malaysian fatwa methodology that references the final view of the Shafie school is intended to achieve uniformity and unity among the Muslim-majority community in Malaysia, which coincides with maqṣad wihdatul ummah. Third, when maṣlahah is not achieved in certain circumstances, views of schools other than the Shafie school can be consulted.
Examining the Handling of Rohingya Refugees in Indonesia through the Lens of International Law and Maqāsid al-Shari’ah: An Exploration of Islamic Humanitarianism Maula, Bani Syarif
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.v23i1.7942

Abstract

The issue of Rohingya refugees has gained significant attention globally and within Indonesian society, especially as many seek refuge in Aceh to escape persecution in Myanmar. The 1951 Vienna Convention and the 1967 Refugee Protocol form the global legal framework for refugee protection. However, Indonesia has not formally endorsed these statutes, so it is not legally bound to fulfill refugees’ basic needs. Despite this, Indonesia is obligated by the principle of non-refoulement, a customary international law or jus cogens, to manage Rohingya refugees entering its territory. This study examines Indonesia’s approach to refugee management through international law and maqāṣid al-sharī’ah, representing Islamic humanitarianism. Islamic scholarly discourse, specifically Fiqh al-Siyar, linked with maqāṣid al-sharī’ah, provides a foundation for contemporary humanitarian efforts. The study concludes that, under international law, Indonesia must protect refugees as part of implementing jus cogens. Additionally, from the maqāṣid al-sharī’ah perspective, Indonesia’s decision to welcome Rohingya refugees, despite not ratifying the 1951 Convention and the 1967 Protocol, exemplifies Islamic humanitarianism and acknowledges refugees’ inherent human rights.
Decision-Making in Family Planning: Women, Planned Children and Contraceptive Methods in Muslim Family Nurhayati, Nurhayati; Hayati, Fitri; Siregar, Putra Apriadi; Hasibuan, Reni Ria Armayani; Naldo, Jufri; Japakiya, Ismail Lutfi; Affendi, Hazrul
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.6632

Abstract

Family planning programmes are not optimal for Muslim women; this is inseparable from the view that contraception is controversial in Islamic teachings. This study aims to examine the influence of the ideal number of children, the role of husbands, the desired last child, and the type of contraception in Muslim women of childbearing age from the perspective of Islam and health. This study used data from the 2017 IDHS in Aceh, West Sumatra, Riau, West Java, Central Java, and East Java on 5797 Muslim women from January to December 2022. The results of this study showed a significant association between the ideal number of boys (p<0.001; PR = 1.332), number of daughters (p<0.001; PR = 1.289), husbands who decide (p=0.004), and contraceptive types (p<0.001; PR = 1.205) with family planning use. The family planning use is influenced by factors such as gender preference, joint decision-making, and the type of contraceptive used. Modern contraceptives are more effective and reliable, suggesting a trend toward modern methods for family planning.
Unification of Law in the Marriage and Divorce Processes of the Dayak Ngaju Muslim Communities in Central Kalimantan Tarantang, Jefry; Sururie, Ramdani Wahyu; Fautanu, Idzam
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.6940

Abstract

This research is a reflection of thoughts on the practice of marriage, and It examines the practices of marriage and divorce in the Dayak Ngaju tradition in Central Kalimantan. In practice, researchers found unification to be carried out autonomously in the legal system. This unification reflects a communal belief that integrates the customary law system, the positive law system, and Islamic law, particularly for Muslim communities. This study uses a non-doctrinal, empirical approach. The origin of the idea of ​​unification of the legal system was motivated by a reflection of legal thought, which found the existence of a unification of three legal systems that work respectively and have a compatibility between the legal culture of living law, formal law, and maṣlahah. The essence of the thought of unification of the legal system is evidence of new insights or a new paradigm of factual elaboration and elaboration of norms in Dayak Ngaju customary marriage and divorce. However, the implementation of Dayak Ngaju’s traditional marriage and divorce, in practice, has become a living law in the society. It means that the modern legal-positivist paradigm is unable to replace the naturalist paradigm, but both are believed by the community to be able to bring the parties towards the philosophical goal of law, namely peace (maṣlahah).
Protection of Women's Rights After Divorce in Religious Courts: What Makes this Mission Difficult to Achieve? Yuni, Lilik Andar; Haries, Akhmad
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.7958

Abstract

The normative assurance of protection for women's and children's rights post-divorce has been extensively regulated through laws, including the Compilation of Islamic Law (KHI), the Supreme Court Regulation (PERMA), and the Supreme Court Circular Letter (SEMA). However, not all these regulations have been effectively implemented post-divorce in Indonesian Religious Courts. Hence, this article is written to understand how the implementation of post-divorce women's rights protection occurs in the Religious Courts, especially when the husbands are absent from the divorce trials (verstek judgments). This normative-doctrinal legal research utilizes the statutory and case law analysis of selected decisions from Samarinda and Sangatta Religious Courts. The findings indicate that the protection of post-divorce women's rights is not adequately realized, as not all the rights of former wives in the Religious Courts are adequately accommodated, especially the alimony (nafkah iddah). This is attributed to cases being decided in absentia of the husband, indications of the wife's disobedience (nushuz), low awareness of the wife regarding her rights, and the gender sensitivity of the judges not being maximum.
Navigating Early Marriages: A Methodological Breakthrough in Family Resilience Measurement Qomaro, Galuh Widitya; Nasrulloh, Nasrulloh; Hasyim, Muh. Fathoni; Nur, Iffatin
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.8027

Abstract

This article explores early marriage in Madura. Early marriage causes psychological problems and physical and material losses that are not in line with the purpose of family formation in Islam. Using a mixed method approach, this article utilizes questionnaires, interviews, observations, and documentation obtained using Structural Equation Modeling with the Partial Least Square approach equipped with qualitative analysis. The achievement of family formation goals is measured using Maqāsid Al-Usrah indicators by Jamal Al-Din 'Atiyah Muhammad. The measurement results indicate that early marriage families in the Madura Muslim community achieve family formation goals to ensure human life continuity, regulate male-female relationships, maintain lineage clarity, and preserve religiosity within the family. At a methodological level, this research contributes to various models for measuring family resilience in establishing and building a family. Based on reliability and validity tests, all indicators of maqāsid al-usrah’s Jamal Al-Din ‘Atiyah Muhammad are declared valid and reliable so that they can be used to measure the achievement of family formation goals in other subjects in further research studies.
Gender Equality in Imamate Shia and Sunni Inheritance Jurisprudence: A Comparative Analysis of Legal Doctrines and Familial Relationships Elfia, Elfia; Surwati, Surwati; Nelli, Fitra; Fajri, Yan
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.8381

Abstract

The issue of inheritance has always been a focal point in society, particularly when addressing the bilateral principle, which ensures property distribution to male and female heirs in Islamic law. The difference in inheritance rights between men and women remains a subject of debate in both Sunni and Shia applications. Shia inheritance law emphasizes equity by granting women recognized inheritance rights alongside men at all levels, while Sunni law follows specific Quranic guidelines that often result in unequal shares. Shia jurisprudence accords women the same status and rights as men in terms of their recognition as legitimate heirs within the family hierarchy. This research examines the mechanisms of inheritance distribution in Shia jurisprudence through a gendered lens, focusing on its implications for women's rights and their position in Islamic inheritance frameworks. This normative legal research adopts a gendered approach to Islamic inheritance law. The secondary data related to Sunni and Shia inheritance rules were traced manually and online from OJS websites. The data were analyzed using content analysis and then narrated through data reduction, display, and verification techniques. The research found that the Shia concept of inheritance distribution involves two categories of heirs: dzawil furudh (heirs with fixed shares) and qarabah (relative heirs). Heirs not included as dzawil furudh (heirs with fixed shares) as specified in the Qur'an and Hadith are classified as qarabah, which includes both male and female relatives based on proximity to the deceased. In determining their rights, Shia addresses the issue of gender while still applying the provisions of the texts regarding the share of men and women. Men and women at the levels of descendants (furu'), parents (ushul), siblings, and parents' siblings (hawasyi) have recognized inheritance rights, with shares determined based on Quranic guidelines. Second, Shia inheritance law consistently applies the bilateral principle, ensuring that women are granted inheritance rights alongside men in accordance with the Quranic 2:1 distribution ratio. This highlights that from a gender perspective, Shia jurisprudence demonstrates a more inclusive approach toward women's inheritance rights, emphasizing equity and recognition within its legal framework.

Page 19 of 21 | Total Record : 207

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