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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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Harmonisation Between DSN-MUI Fatwas and OJK Regulations: Towards an Innovative and Inclusive Sharia-Compliant Fintech Ecosystem in Indonesia Suaidi, Suaidi; Mun'im, Zainul; Astuti, Sriyati Dwi; Riyadi, Ivan; Khabibah, Siti; Huda, Nurul
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.v24i1.10032

Abstract

Since 2018, Sharia FinTech in Indonesia has grown significantly through platform-based innovations combining Islamic contracts and digital technology. The development of this industry is influenced by ongoing efforts to harmonize DSN-MUI fatwas with OJK regulations, aiming to enhance Sharia compliance and legal certainty. Through DSN-MUI fatwas (2008–2021) and POJK regulations (2016, 2022), religious and state authorities have worked to enhance legal certainty and consumer protection in the Sharia-based digital finance sector. This study adopts a qualitative approach through literature-based document analysis to examine how DSN-MUI fatwas and OJK regulations contribute to developing the Sharia FinTech industry. The research findings indicate that while fatwas offer normative guidance for Sharia compliance, challenges persist in areas such as financial literacy, technological readiness, and regulatory oversight effectiveness. The findings suggest a need for clearer regulations, improved public education, and more effective use of technology to enhance the transparency and efficiency of Sharia financial services. Stronger collaboration between financial regulators and religious institutions can improve the capacity of Sharia FinTech to support financial inclusion and contribute to sustainable growth in the Islamic economy.
Cash Waqf in the Halal Blue Economy Sector: A Comparative Study of Indonesia and Malaysia Ishom, Muhammad; Muttaqin, Entol Zainal; Atikah, Ika; Ghazali, Nasrun Mohamad; Rohmawati, Cucum
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.v24i1.10035

Abstract

This study aims to investigate the potential and difficulties of using cash waqf-based sukuk in the growth of the halal industry in the maritime sectors of two nearby nations, Malaysia and Indonesia. Green and blue sukuk have been combined in both nations to aid in the government's endeavors to accomplish the Sustainable Development Goals (SDGs). The main topics of this study's comparative analysis of the policies and strategies in both nations are the implementation mechanisms of cash waqf in supporting blue economy projects and the opportunities and problems encountered. Direct stakeholder observations, interviews, and focus groups in Malaysia and Indonesia provided the research data. Although each nation has a unique method of implementation and regulation, the research findings demonstrate parallels in using cash waqf for sustainable economic growth. Although the integration of green sukuk into blue sukuk has not yet been optimally implemented due to political and theological factors, two Muslim nations with the largest populations and the largest maritime territories have also become pioneers in using cash waqf among Muslim nations worldwide.
Negotiating Islam, Democracy and Pluralism: Islamic Politics and the State in Post-Reform Indonesia Krismono, Krismono; Abdi, Supriyanto; Syahmirwan, Syahmirwan
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.v24i1.10078

Abstract

The question of how democratic states navigate religious aspirations remains central in Muslim-majority societies. In Indonesia, this relationship has followed a nonlinear trajectory shaped by political alliances, institutional asymmetries, and ideological transformations. This article explores how successive governments—from Habibie to Joko Widodo—have managed the complex intersection of Islam, democracy, and pluralism. Using a qualitative comparative approach, it identifies shifts in state strategies toward Islamic political expression, ranging from symbolic inclusion to legal restriction and bureaucratic regulation. The concept of contested accommodation is proposed to explain how Islamic norms have been selectively engaged, redirected, or constrained through evolving institutional mechanisms. While some administrations prioritized inclusive pluralism, others aligned with conservative religious agendas. Populist religiosity, transnational influences, and media amplification further shaped the policy landscape. The findings suggest that Islamic political expression in Indonesia is neither fully absorbed nor rejected, but continually renegotiated. Pluralism, in this context, is sustained not through ideological consensus but through ongoing recalibration within democratic institutions.
Globalization and the Paradigm of Islamic Law Implementation in Aceh Murdani, Danial
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah 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
Islamic Legal Status on Hajj for Transgender People according to Muslim Scholars in North Sulawesi Yusuf, Nasruddin; Willya, Evra; Rajafi, Ahmad; Djabli, Irfan
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah 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.
Ex-Officio Rights in Talak Divorce: Hayati, Mulida; Ali, Nuraliah
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah 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
Stay at Mosque: Congregational Worship, Covid-19 Pandemic and Islamic Living Law in West Sumatra. Siregar, Fatahuddin Aziz
Mazahib Vol 21 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah 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

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