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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 214 Documents
 18   19   20   21   22 
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
Arbitration and Alternative Dispute Resolution in Medical Disputes Within Sharia-Compliant Hospitals: The Role of Good Faith in Balancing Patient Justice and Professional Protection Herliana, Herliana; Nugrahenti, Meydora Cahya
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.10308

Abstract

The expansion of Sharia-compliant hospitals in Indonesia requires a context-specific mechanism for resolving medical disputes. Law No. 17 of 2023 mandates Alternative Dispute Resolution (ADR), including arbitration, that aligns with Islamic legal principles—particularly good faith. This principle, rooted in sincerity, fairness, and respect, underpins Islamic jurisprudence and ensures ethical dispute resolution. This study proposes an ADR framework, specifically arbitration, for Sharia-compliant hospitals grounded in good-faith principles that safeguard patients’ rights while protecting healthcare professionals from unjust claims. Integrating values such as niyyah (sincere intent), ṣidq (honesty), adl (justice), huqūq (respect for rights), amānah (responsibility), and avoidance of ḍarar (harm) fosters trust, fairness, and accountability, thereby sustaining an ethical healthcare environment responsive to both patient welfare and practitioner integrity.
Al-Būṭī vs. Al-Qaraḍāwī: A Comparative Study of Thought on Al-Khurūj 'Alā Al-Ḥukkām Harun, Muhammad Safwan; Abdullah, Luqman; Ali, Abdul Karim; Rosele, Muhammad Ikhlas; Nor Mohd Zulkarnain, Saiful Islam; Syed Jaafar, Syed Mohd Jeffri
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.10476

Abstract

This study examines the polemic of al-khurūj ‘alā al-ḥukkām (rebellion against rulers) as debated by Yūsuf al-Qaraḍāwī and Muḥammad Sa‘īd Ramaḍān al-Būṭī, particularly in the context of the Syria crisis and the Arab Spring. The theoretical framework employed is maqāṣid al-sharīʿah, encompassing the hierarchy of maṣlaḥah based on ḍarūriyyāt, ḥājiyyāt, and taḥsīniyyāt; the preservation of the kulliyyāt al-khams (religion, life, intellect, lineage, and property); the balancing of conflicting mafsadah; the application of sadd al-dharāʾiʿ (blocking the means to harm); and the consideration of maʾālāt (future consequences). Methodologically, the study employs a qualitative textual analysis of fatwa, jurisprudential writings, and theological arguments by scholars, situating their views within the broader maqāṣid framework. Within this framework, al-Qaraḍāwī justifies rebellion against unjust rulers as both a moral duty and a religious obligation to uphold justice, framing it within the maqāṣid imperative of resisting tyranny. Conversely, al-Būṭī employs the same maqāṣid tools to prohibit rebellion, prioritising the avoidance of bloodshed and societal collapse over immediate political reform. The findings reveal that although both scholars engage maqāṣid al-sharīʿah, their divergent prioritisation leads al-Qaraḍāwī to emphasise justice and activism as central to preserving Islam’s dignity. At the same time, al-Būṭī underscores stability and unity as essential safeguards against greater chaos.
From Ideological Flame to Rebellious Ashes: Analyzing the Emergence and Impact of Radical Ideology in the Arab World Iyrot, Issam
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.10881

Abstract

This study examines the historical and intellectual origins of radical thought in the Arab world and its evolution into organized armed movements. It investigates how ideas are selectively reinterpreted from one context to another: from Egyptian prisons where Takfir and Hijra were born to transnational jihadist organizations like Al-Qaeda and ISIS, to localized movements such as Hamas and Palestinian Islamic Jihad, synthesizing Qutbist categories with national liberation struggles under occupation. These results suggest that reducing radicalism to an issue of ideology is not feasible; instead, these legacies emanate from the interaction between doctrinal legacies and structural conditions, including authoritarian governance, foreign occupation, socio-economic marginalization, and the Arab state’s failure to manage diversity and uphold the rule of law. These conditions were so propitious that they facilitated both recruitment and legitimized radical discourse through framing violence as a religious duty and political necessity. By situating the emergence of radical thought within its historical context and examining its specific political and legal contexts, this research offers a more nuanced understanding of how universal ideological frameworks are established in diverse political and legal contexts. This study concludes that effective confrontation with radicalism must be an integrated approach, combining religious reform with the resolution of structural injustices that radical groups exploit in their mobilization efforts.
Re-Evaluating Contractual Relativity: Third-Party Effects in Islamic and Positive Legal Frameworks Chami, Yassine; Khater, Maya
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.11151

Abstract

This study compares the principle of contractual relativity and its exceptions regarding third-party effects in Islamic jurisprudence and positive law. Employing a doctrinal-comparative methodology, it identifies key convergences and divergences in how both systems treat general successors, special successors, and creditors. The research finds that while both systems uphold the core principle, they develop distinct mechanisms for third-party protection, rooted in different foundational philosophies (Sharia vs. autonomy of will). A key novelty lies in the critical analysis revealing that classical juristic tools (like waqf, wasiyya) serve functions analogous to, but conceptually distinct from, positive law exceptions (like stipulation pour autrui). The study concludes that technological advancements necessitate contextual application of the principle, not its abandonment, and offers targeted recommendations for legal harmonization and judicial training to enhance transactional justice and stability.
Development of Waqf-Based Halal Tourism in Indonesia: A Case Study of Teras Lembang, West Java Ahyani, Hisam; Firdaus, Doddy Afandi; Buchori, Muhamad; Mudzakkir, Muhammad; Muadib, Ihwanul; Bhatti, Muhammad Safdar
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.11221

Abstract

This study explores the development of waqf-based halal tourism as an innovative and sustainable model within Islamic economic law, using Teras Lembang in West Java as a case study. The primary issue identified is the limited exploration of how Islamic legal principles guide the productive use of waqf in halal tourism. Using a qualitative case study approach with normative juridical analysis, the study applies Ibn Qayyim al-Jawziyyah’s theory of legal change as a middle theory, supported by the concept of maslahah mursalah from al-Ghazālī and al-Shāṭibī, and Yusuf al-Qaradawi’s theory of halal. Data were collected through interviews, field observations, and literature review. Results show that the management of waqf-based halal tourism reflects sharia principles such as justice, transparency, and trustworthiness, while also contributing to local socio-economic empowerment through MSME growth, job creation, and increased community involvement. However, challenges such as regulatory fragmentation and low public literacy on waqf remain. This article concludes that aligning Islamic legal norms with tourism policies can enhance the legitimacy and sustainability of halal tourism. Policy recommendations include strengthening sharia supervisory institutions and integrating halal certification systems into tourism governance.
The Role of Islamic Law in Addressing Global Warming: Perspectives from Indonesia and Global Contexts Islamy, Mohammad Rindu Fajar; Suprima, Suprima; Hermawan, Wawan; Budiyanti, Nurti; Parhan, Muhamad; Logayah, Dina Siti
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.11314

Abstract

This study examines the role of Islamic law in addressing global warming, focusing on case studies from Indonesia and Western contexts. As emphasized by Indian scholar Mukherjee A, climate change has emerged as an escalating global threat driven primarily by human actions such as excessive fossil fuel consumption, deforestation for industrialization and urbanization, and rapid population growth. These activities accelerate global warming and permanently disrupt ecosystems, leading to significant human suffering. Within Islamic jurisprudence, the principle of Fiqh al-Bī’ah (Islamic environmental jurisprudence) provides both a moral and legal foundation for maintaining ecological balance. Classical Muslim scholars emphasize stewardship (khilāfah) and accountability (mas’ūliyyah) as ethical imperatives guiding human responsibility toward nature. In the contemporary context, Islamic law extends these principles through maqāṣid al-sharī‘ah, particularly the preservation of life (ḥifẓ al-nafs) and nature (ḥifẓ al-bi’ah), which demand sustainable and responsible engagement with the environment. This research employs a Systematic Literature Review (SLR) alongside an analysis of classical Islamic works, examining 578 scholarly papers to ensure comprehensive coverage. The Miles and Huberman framework, comprising data reduction, data display, and conclusion drawing, was applied to guide the data analysis. The findings reveal that Islamic law offers both normative and practical mechanisms for mitigating climate change: (1) strengthening Fiqh al-Bī’ah as a legal-ethical response, (2) promoting ecological citizenship within Society 5.0, (3) enforcing robust environmental regulations and local capacity building, and (4) integrating technological innovation with sustainable practices. The study concludes that Islamic law provides a holistic ethical and legal foundation for environmental stewardship, harmonizing traditional jurisprudence with modern sustainability initiatives to address global warming both globally and locally.
From Social Trust to Halal Industry Dynamic: The Synergy of Islamic Social Capital and Financial Capability in Small Enterprises Sectors Afdawaiza, Afdawaiza; Yusfiarto, Rizaldi; Pambekti, Galuh Tri; Al Ghunaimi, Hisham; Febriyanto, Ahmad
Mazahib Vol 24 No 2 (2025): VOLUME 24, ISSUE 2, 2025
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v24i2.11318

Abstract

This study aims to examine the determinants of performance in Halal micro, small, and medium enterprises (MSMEs) by positioning Islamic Social Capital (ISC) as the primary explanatory construct. To provide a more comprehensive framework, Islamic Financial Literacy (IFL) and Islamic Financial Inclusion (IFI) are integrated into the model to capture the knowledge and financial accessibility dimensions essential for Halal MSME development. A quantitative approach was employed, utilizing partial least squares structural equation modeling (PLS-SEM) on survey data from 242 Muslim-owned Halal MSMEs in Indonesia. The results reveal that ISC significantly enhances IFL, which in turn promotes IFI and ultimately strengthens MSME performance. These findings highlight the pivotal role of cohesive and ethically grounded social networks in facilitating financial literacy and access to Sharia-compliant financial services. The novelty of this study lies in integrating ISC with IFL and IFI within a single model, a relationship that has not been comprehensively explored in prior research. By bridging Islamic social capital with financial capability from an Islamic legal-ethical perspective, this study contributes new insights into how community-based mechanisms can drive the growth and resilience of Halal MSMEs.

Page 21 of 22 | Total Record : 214

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