cover
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
Mazahib: Jurnal Pemikiran Hukum Islam
ISSN : 18299067     EISSN : 24606588     DOI : https://doi.org/10.21093/mj
Core Subject : Religion, Social,
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.
Articles 207 Documents
The Struggle for Land in Morocco: A Case Study of Amazigh Banane, Mohamed Cheikh; Ezzerouali, Souad; Elzein, Ahmed Mohamed
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.v23i2.8627

Abstract

This paper addresses the issue of the conflict over land between the state and tribes in the Great Souss plain in Morocco. The focus of this study is on the Amazigh tribes. It explores the motives that contributed to the emergence of tribal protests, particularly their demands for land rights, following the civil reforms promised by the Arab Spring in 2011. Through a direct examination of the growing dissatisfaction among these communities, the study reveals that the political failure to democratize society, characterized by consistent confusion at the level of governmental and institutional frameworks and the law's failure to regulate spatial justice on the ground, have both played a role. This situation has prompted tribes, feeling a sense of historical oppression, to claim their rights to the land that the state has increasingly opened up for investment without considering the traditional rights of these indigenous groups.
Performing Curative Medical Experiments on Incurable Patients: Between Islamic Jurisprudence and the Laws of the Middle East Hammad, Hamza Abed AlKarim
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.v23i2.8965

Abstract

This study aims to elucidate the Islamic jurisprudential and legal ruling on conducting curative medical experiments on incurable patients. The study found it appropriate to divide those experiments into two parts. Firstly, medical experiments on incurable patients to secure a cure for the illness from which they suffer. Secondly, Medical experiments on incurable individuals produce a cure for an illness from which they do not suffer. The present study adopted the descriptive method grounded in describing the issue and then comparing and analyzing the jurisprudential opinions leading to the chosen opinion. The Study concluded that Emirati and Jordanian Laws and Islamic jurisprudence find it permissible to conduct medical treatment experiments underpinned by a set of parameters and restrictions.
Strategy for Sustainable Halal Tourism Development in Perlang Village, Bangka Belitung Islands Province, Indonesia Maftukhatusolikhah, Maftukhatusolikhah; Handayani, Disfa Lidian; Pratomo, Nardi; Iqbal, M.; Litriani, Erdah
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.v23i2.8968

Abstract

In developing halal tourism, enhancing competitiveness must also address other important issues, such as environmental sustainability. After Covid-19, environmental issues increased along with the growth of halal tourism. Consequently, it is essential to implement effective strategies for developing halal tourism. Perlang is one of the villages that has succeeded in turning former mining land into a tourist attraction, and is recognized as one of the 50 best tourist attractions in Indonesia. This research aims to see how specific strategies have been used in developing a tourist village with the concept of sustainable halal tourism. It also looks at how the strategy model is effectively utilized to realize a tourist village concept that carries halal and sustainable values. It employs a qualitative method with a case study of Perlang Village by exploring documentation, observation, interviews, and Focus Group Discussions. The results showed that the Sustainable and Responsible Halal Tourism development model in Perlang fulfills the indicators that make it attractive, authentic, and consistent with halal principles, aligned with achieving sustainable development goals. The benefits of this tourist destination can be felt by the wider community inclusively and future generations.
Towards Personal Data Protection in Structural Leadership Training: An Analysis of Maqāshid al-Sharī'ah Perspective Sandiza, Miftahul Heldra; Rosadi, Sinta Dewi; Suparman, Rahmat
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.v23i2.8986

Abstract

This article discusses the Maqāshid al-Sharī'ah approach to protecting personal data in the context of structural leadership training. Maqāshid al-Sharī'ah, as a framework of Islamic legal principles, provides a strong foundation for understanding and implementing personal data protection in leadership training. This article elucidates how the training institution can incorporate measures to safeguard participants’ personal data in leadership structural training in accordance. This study employs a normative legal approach, scrutinizing the personal data protection act and structural leadership training maintenance guidelines through qualitative prescriptive research methods. It collects data from observations and relevant reference documents and employs deductive data analysis techniques. The results of this study indicate that implementing these principles requires strict policies, sophisticated security technology, staff training, and awareness about the importance of personal data. By considering the alignment between data protection and Maqāshid al-Sharī'ah, this research aims to contribute to a more robust data governance framework within leadership development programs. To implement this protection, the contribution of an officer who can serve as a data protection officer for participants in structural leadership training is required.
Islam and the State: The Evolution of Sharia Banking Regulation in Indonesia Hidayah, Nur; Haryatih, Haryatih; Kamilah, Rihadatul Aisy
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.v23i2.9335

Abstract

The interplay of social, economic, and political dynamics influences the legal development of Sharia banking regulations. This study aims to analyze the evolution of Sharia banking regulations in Indonesia from their inception to the most recent developments. Using a juridical-legal approach, the research identifies five key phases in the development of Sharia banking regulations in Indonesia: initial, introduction, recognition, purification, and relaxation phases. Such regulatory changes have resulted from the negotiations among various stakeholders to reconcile the ideals of Sharia finance with the pragmatic needs of the banking industry, as well as the interest in strengthening the national financial system. Such legal development of Sharia banking regulations in Indonesia reflects the adaptability of Islamic law, enabling Sharia finance to evolve in response to societal changes and contextual dynamics while remaining grounded in the ethical principles of the Islamic moral economy.
Impact of Polygamy Practices in Urban Communities in Kramatjati, East Jakarta Aziz, Abdul
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.8978

Abstract

This study explores the dynamics of polygamous practices in the urban community of Kramatjati, East Jakarta, by assessing the impact of official permits and unofficial permits on family relationships and household harmony. The background of this issue discusses the influence of polygamy permits on family life in urban contexts, as well as the various challenges and conflicts that arise as a result of the practice. This article answers this question using an in-depth interview method with seven couples who practice polygamy, whether they have an official permit or not. The theories applied include family communication theory and conflict management. Research findings show that although official permits provide legitimacy, the success of polygamy practices in creating family harmony is highly dependent on internal management and the quality of communication between family members. Couples who have official permission but do not manage the relationship well experience significant tension and conflict, while well-managed couples show relatively stable harmony. In conclusion, formal permits are not enough to guarantee the welfare of the family; Effective management and open communication are the keys to achieving prosperity in the practice of polygamy. However, this does not mean that the researcher supports the practice of polygamy, but rather reflects the reality that occurs in the field.
Protection of Human Rights in the Framework of Global Judicial Reforms Gariaga, Oleg; Marchenko, Olena; Kuchynska, Iryna; Rieznikova, Viktoriia; Patsuriia, Nino
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9403

Abstract

The purpose of the article is to analyse the relationship between judicial reforms and human rights protection, especially in the light of global and international changes. The article examines how judicial reforms carried out in different countries, aimed at improving the efficiency, accessibility, and fairness of the judicial process, affect the exercise and protection of fundamental human rights and freedoms. The authors examine the case studies of Colombia and Turkey in the context of their judicial reforms to understand whether reforms are always sufficient to ensure human rights. Based on the study, it is established that reforms alone are not enough. Sustained political will and international influence are also needed. It is established that the protection of human rights in the context of global judicial reforms is a relevant and significant topic that requires attention and improvement in the modern world. Protection of human rights through judicial reforms only meets the needs of modern society.
Modernizing Zakat and Waqf Management in Indonesia: A Legal And Governance Perspective Nashirudin, Muh.; Razali, Ramadhan; Ulfah, Almira Keumala
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9419

Abstract

Zakat and waqf are vital tools for poverty alleviation in Islamic countries. However, their management often fails to keep pace with technological advancements, so legality and good governance cannot be seen directly by the muzakki. In Indonesia, the largest Muslim-majority country, the digitalization of zakat and waqf has emerged as a significant reform, supported by regulations to improve transparency, accountability, and efficiency. This study examines the integration of corporate governance principles in digital zakat and waqf management, focusing on the regulatory framework that governs these practices. Employing normative legal research, this study analyzes Indonesia’s Zakat Management Law (No. 23 of 2011) and the Waqf Law (No. 31 of 2004), alongside case studies of digital zakat and waqf platforms. The findings highlight that these regulations mandate technology to enhance monitoring, reporting, and fund distribution. Adopting corporate governance frameworks, including digital fundraising, real-time tracking, and performance audits, has substantially increased public trust and participation in zakat and waqf. Nevertheless, challenges remain, such as regulatory gaps in monitoring non-compliance and integrating private sector innovations. This research underscores the importance of strengthening regulatory oversight and adopting global best practices to optimize the socio-economic impact of zakat and waqf in Indonesia.
Islamic Legal Discourse and Gender Inclusivity: The Dynamics of Khunthā/Hijra and Transgender Identity in Bangladesh Hasan, Md. Mahdi; Mutaqin, Zezen Zaenal
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9584

Abstract

This paper critically explores the theological, legal, and sociopolitical distinction between traditional khunthā (intersex) and contemporary socially constructed transgender identities within the framework of Islamic jurisprudence, focusing on the Bangladeshi context. By engaging with classical and contemporary Islamic legal texts, religious interpretations, legal precedents, scholarly works, media representations, and public discourse, the study argues that the conflation of khunthā (often culturally aligned with hijra) and transgender identities in public narratives—particularly in education and media—has led to widespread confusion, societal backlash, and policy resistance. While khunthā has traditionally been recognized in Islam as part of divine creation (aṣl al-khilqah), transgender identity—defined as a divergence from one’s biological sex—is often perceived as altering God’s creation (taghyīr al-khilqah) and thus faces greater religious and social resistance. This paper also addresses concern about unverified gender identity claims, citing incidents where individuals falsely claimed gender status, resulting in misuse of institutional provisions and violations of women’s safety and privacy in gender-segregated spaces. The study suggests that future policy initiatives on gender inclusivity in Muslim-majority countries like Bangladesh should clearly distinguish between traditional legitimate gender and socially constructed gender identities in order to uphold religious and ethical values and prevent misuse in gender-segregated spaces.
Advancing Halal Creative Industry Exports: Strengthening Advocacy and Codification in HPPA Performance to Boost Indonesia's Economic Growth Fatchurrohman, M; Takhim, Muhamad; Irhamni, Muhammad Ricza
Mazahib Vol 24 No 1 (2025): VOLUME 24, ISSUE 1, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i1.9593

Abstract

The growing global demand for halal products presents promising opportunities for economic development. However, there are still significant gaps in the standardization of the halal certification process, especially in terms of aligning with the provisions of Islamic law for international export purposes. The role of the Halal Product Process Assistants (HPPA) in establishing credible and Shariah-compliant export standards remains unexplored, posing challenges in integrating halal certification into the global supply chain. This research examines how HPPA can strategically contribute to developing a globally recognized halal certification system that is in line with Islamic law. It also aims to assess the role of Islamic law advocacy and technology in strengthening international halal standards. Using qualitative methods inspired by Spradley's ethnographic approach, this study engaged key informants- recognized experts and stakeholders- through focused, open-ended interviews. The study revealed that Islamic law-based halal certification significantly improves the marketability of halal products globally by fostering consumer confidence and regulatory alignment. HPPA's strategic engagement, legal advocacy, and technological innovation can drive creative economic growth and facilitate the integration of halal products into international markets.