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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 223 Documents
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Revitalizing Badoncek and Jimpitan: Culture-Based Approaches to Waqf Fundraising in Indonesia Haris, Gusnam; Wira, Ahmad; Syukria, Alfi; Augusna, Wahyuni Lely; Ismail, Shafinar; Afrida, Yenti
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.v24i2.11409

Abstract

Culture-based waqf fundraising is a strategic approach that utilizes a community’s cultural, religious, and social values to support waqf institutions. In Indonesia, local traditions such as Badoncek and Jimpitan reflect communal solidarity and can serve as effective mechanisms for waqf fundraising. This study highlights the importance of integrating local cultural practices to enhance the effectiveness, sustainability, and socio-economic impact of waqf in contemporary society. Using a qualitative, thematic analysis, the research draws on interviews with government officials, waqf practitioners, and academics to examine the opportunities and risks of culture-based waqf fundraising. The findings reveal that Badoncek and Jimpitan’s practices present significant opportunities and challenges when applied to waqf fundraising. They enable rapid fund collection, strengthen social cohesion, and maintain community engagement due to their deep-rooted cultural values and ongoing preservation. However, potential risks include limited scalability, a lack of standardized management, and dependency on local participation. Incorporating cultural elements into waqf fundraising can enhance trust, credibility, and long-term community commitment by respecting local traditions and values. They also raise public awareness about the importance and social impact of waqf. Therefore, integrating local culture, such as Badoncek and Jimpitan, into waqf fundraising strategies can strengthen community-based economic empowerment and sustain waqf institutions.
Legal Pluralism and the Social Anomaly of Halal Governance: MSME Compliance and Market Negotiation in Lombok's Halal Tourism Regulation Wathoni, Abdul Wahid; Hidayah, Nur; Suhaimi, Ahmad; Adnan, Muh; Pitaloka, Lolla; Kilwakit, Marifat
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.v24i2.11477

Abstract

Halal product assurance in Indonesia remains constrained by the gap between formal regulatory frameworks and the existing conditions and realities of Micro, Small, and Medium Enterprises (MSMEs). This study investigates how hybrid governance settings, where state law, local socio-cultural norms, and market incentives coexist and shape MSME compliance with halal certification requirements. Focusing on the tourism-dependent economy of Gili Trawangan, the article employs a qualitative socio-legal methodology, combining in-depth interviews, field observations, and document analysis. Guided by Critical Legal Pluralism, Maqāṣid al-Syarī‘ah, and Substantialist–Formalist Compliance Theory, the findings identify three distinct compliance pathways: adoption, adaptation, and resistance. These patterns emerge from actors' strategic negotiations across multiple normative orders, mediated by their compliance orientations and prioritization of hifẓ al-māl, hifẓ al-dīn, and hifẓ al-nafs. The study argues that effective halal governance cannot rely solely on legal enforcement but must realign economic and religious–ethical objectives to make those conditions mutually reinforcing. This reconceptualisation contributes to academic debates on legal pluralism in Islamic economic governance, offering policy recommendations to harmonise formal law with socio-economic contexts in tourism-based Muslim-minority regions.
Intersecting Spheres: Civil and Family Law in the Evolving Islamic Legal Landscapes of Iran, Egypt, and Indonesia Fakhlaei, Mohammad Taqi; Dorafshan, Sayyed Mohammad Hadi Ghabooli; Fathoni, Sulthon
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.v24i2.11528

Abstract

This article examines the complex relationship between civil and family law in Iran, Egypt, and Indonesia. These three Muslim-majority nations, despite their unique legal systems shaped by varying integrations of Islamic jurisprudence and Western influences, all face the challenge of harmonizing modern legal frameworks with religious norms. The paper investigates this dynamic by analyzing how each country’s legal system defines and governs the family within its civil law framework. We delve into their respective court structures, the hierarchy of statutory laws, and the significant role of religious authorities. Our comparative analysis reveals how these societies balance tradition and modernity in their legal landscapes, offering insights into their shared struggles and distinct approaches to personal status and broader civil regulation. The findings highlight the critical tension between traditional religious norms and modern legal frameworks, with the core result that Iran employs a unified religious-legal approach in which family law is part of civil law, While early Iranian family law, like that of Egypt and Indonesia, was influenced by civil-law individualism and limited largely to alimony obligations, contemporary Iranian law—similar to developments in Egyptian and Indonesian family law—has shifted toward prioritizing the protection and collective interests of the family. At the same time, Egypt maintains a dual system with state-controlled religious courts and codified civil law. Indonesia, on the other hand, utilizes a decentralized system that grants significant autonomy to religious courts but subjects them to national legal oversight. Each nation has developed a unique, albeit often conflicted, strategy to manage this delicate balance.
The Constitutionalization of Sharia in Muslim Countries: Historical and Political Struggles in Indonesia, Türkiye, and Saudi Arabia Zada, Khamami; Faizin, Afwan; Abdillah, Akhmad Mughzi; Hifni, Ahmad; Wahyudi, Johan
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.v24i2.11679

Abstract

This study examines the complex relationship between sharia and constitutionalism in three Muslim-majority countries: Indonesia, Türkiye, and Saudi Arabia. Despite their majority Muslim population, these countries have adopted divergent approaches in integrating—or delimiting—the role of sharia within their constitutional frameworks. Drawing on interviews with legal and political scholars from each country, the research employs a comparative political-constitutional approach to analyze the dynamics of sharia constitutionalism across these distinct contexts. The findings reveal varying degrees of constitutional accommodation of sharia. Indonesia exemplifies a model of religious constitutionalism, where Islamic principles are acknowledged but not formally codified within the constitutional text. Türkiye represents a paradigm of secular constitutionalism that distinctly separates religion and state, excluding sharia from the constitutional and legal order. In contrast, Saudi Arabia exhibits a puritan constitutionalism, whereby the Quran and Hadith constitute the primary sources of constitutional authority. These contrasting models illuminate broader ideological and institutional orientations: Saudi Arabia grounds its constitutional identity in religion, Indonesia integrates certain religious principles within a pluralistic framework, and Türkiye maintains a secularist stance that confines religion to the private sphere.
Legal Integrity in Contemporary Fiqh: An Analysis of Scholars’ Responses to Modern Fashion Issues in Indonesia Harisah Harisah; Afidah Wahyuni; Sri Astutik Handayani; Kutsiyatur Rahmah; Muhammad Al Adib Habibul Haq
Mazahib Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026
Publisher : Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v25i1.11571

Abstract

The phenomenon of modern fashion development in Indonesia, particularly in the context of Muslim and Muslimah clothing, has brought about various changes in the social, cultural, and Islamic legal (fiqh) spheres, particularly regarding differing interpretations of the definition of the aurat, principles of modesty, and the use of religious symbols in the fashion industry for commercial purposes. This article examines how Islamic legal integrity is upheld by scholars in their responses to modern fashion trends through a contemporary fiqh approach. By examining fatwas and views from authoritative institutions such as the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), and Muhammadiyah, this study highlights the debate surrounding the limits of aurat, the principle of modesty, and the commercialization of religious symbols in the fashion industry. It was found that most scholars strive to balance Sharia values with the cultural and economic expression needs of urban Muslim communities. However, challenges arise regarding the consistency of interpretation and social accountability for the issued fatwas, especially in light of the realities of social media, the creative industry, and global market dynamics. This study recommends the importance of dialogue between scholars, fashion industry players, academics, and the wider community as a strategic step to maintain legal integrity in the face of changing times. With a collaborative approach, Islamic law arguably remains relevant, is responsive, and capable of providing solid ethical guidance amid the rapid flow of modernity.
The Islamic Judiciary between Inheritance and Merit: A Historical Analysis of Egypt and the Levant (6–9 AH/12–15 AD) Riad Salim Awad
Mazahib Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026
Publisher : Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v25i1.11624

Abstract

This study presents a critical historical analysis of the judicial institution in Egypt and the Levant during the period under examination. It seeks to derive insights relevant to contemporary judicial challenges. By tracing the evolution of the judiciary from the centralized Abbasid model to the doctrinal pluralism of the Mamluk era, the study demonstrates how judges appointed by political authorities maintained relative independence despite political pressure. Judges employed various mechanisms of resistance, including adherence to Sharia principles, resignation in protest, and reliance on public support. The study concludes that the effectiveness of the judicial system depended on a balance between three elements: judicial independence, societal oversight, and flexibility in managing doctrinal pluralism. It further argues that doctrinal pluralism, when regulated within a unified legal framework, can promote unity rather than division. Methodologically, the study relies on critical analysis of historical narratives through descriptive, comparative, and case-study approaches, enabling historical experiences to be linked to contemporary issues such as transparency and anti-corruption efforts. The study also identifies the positive and negative implications of hereditary judicial appointments.
Islamic Law and State Confiscation of Illegitimately Acquired Wealth: A Case Study on the Ibadi Concept of Taghrīq Mahmood Said Al Awaidi; Anke Iman Bouzenita
Mazahib Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026
Publisher : Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v25i1.11650

Abstract

This paper examines both the concept and application of taghrīq (state confiscation of illegitimately acquired wealth) in Ibāḍī Islamic jurisprudence, addressing a gap in scholarship on Islamic public financial law. It situates the concept within Islam’s prohibition of unlawful enrichment and explores how justice may be restored when restitution to rightful owners is impossible. The study reveals that taghrīq is a distinct Ibāḍī legal mechanism for addressing structural economic injustice, especially under illegitimate or oppressive rule. Methodologically, it combines doctrinal analysis of Ibāḍī legal texts with historical case studies from Oman, clarifying key concepts such as ghaṣb, Bayt al-māl, and jabbār, and examining precedents from early Islamic governance. It also outlines the legal conditions and scholarly debates governing taghrīq. The findings indicate that taghrīq is a regulated judicial tool applied when injustice is proven, ownership cannot be determined, and scholarly authorization is obtained. Historically, it enabled redistribution of illicit wealth for public welfare, forming a sophisticated Ibāḍī framework for financial accountability.
Terminological Engineering in International Law: Sexuality and the Epistemological Challenge to Islamic Ethical Law Abdelhak Djebbar; Ahm Ershad Uddin
Mazahib Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026
Publisher : Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v25i1.11860

Abstract

This study investigates how international institutions, particularly United Nations bodies, engage in terminological engineering that reshapes global moral and legal discourse. It argues that terms related to gender, sexuality, and human identity are not linguistically neutral but serve as instruments of Western ideological hegemony. Through the analysis of international instruments such as CEDAW, the Beijing Platform for Action, and the Yogyakarta Principles, the paper demonstrates how linguistic normalization embeds secular-liberal assumptions within international law. Drawing upon the Islamic intellectual tradition, especially the concepts of fiṭrah (innate disposition) and iṣṭilāḥ (ethical terminology), the study contrasts secular and sacred epistemologies of law and language. It concludes that the global diffusion of these terminologies constitutes not merely a legal process but an epistemological transformation that redefines human ontology, undermines ethical pluralism, and challenges the moral sovereignty of Islamic jurisprudence.  
Gender and Islamic Inheritance Law: Reassessing Quranic Interpretations of Women’s Inheritance Rights Fatima Essop
Mazahib Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026
Publisher : Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v25i1.11956

Abstract

This article challenges dominant interpretations of Islamic inheritance law by advancing alternative readings of Qur’anic texts that produce more equitable outcomes for female heirs. Although gender justice in Islamic marriage and divorce law has received extensive scholarly attention, inheritance law (mirāth) remains comparatively underexamined, partly because it is widely perceived as immutable. This study demonstrates that inheritance rulings have historically been subject to scholarly disagreement and ijtihād since the era of the Prophet’s Companions, including in the two decisions of ʿUmar (al-ʿUmariyyatān). The article traces three stages in the development of Islamic inheritance law: the initial bequest system, the introduction of fixed Qur’anic inheritance shares, and later restrictions on bequests. It critically examines whether the bequest verses (Q2:180–182) and the widow verse (Q2:240) were abrogated by later inheritance verses. Drawing on the minority yet jurisprudentially rigorous views of Abū Muslim al-Iṣfahānī and Fakhr al-Dīn al-Rāzī, the article argues against abrogation and contends that the hadith “no bequest to an heir” lacks sufficient authority to override Qur’anic provisions. It further argues that alternative hermeneutical approaches can enhance gender equity while remaining faithful to the Qur’an’s principles of justice
Bridging the Paradigm of Restorative Justice: Between Secular Philosophy and Islamic Principles Majed N Alshaibani
Mazahib Vol. 25 No. 1 (2026): VOLUME 25, ISSUE 1, 2026
Publisher : Fakultas Syariah UIN Sultan Aji Muhamamd Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v25i1.12419

Abstract

This study addresses how Secular and Islamic principles regulate and operationalize Restorative Justice (RJ) within their respective frameworks. Restorative justice has evolved significantly, influenced by diverse cultural and legal contexts, particularly in indigenous practices that prioritize healing and reconciliation. It evolved from traditional practices emphasizing dialogue and community involvement in resolving conflicts. The study used a comparative legal analysis of the two systems. While restorative justice principles have been formalized in modern legal systems as an alternative to punitive justice, their application varies across Western and Oriental legal frameworks. In Oriental cultures, including Arab and Islamic societies, restorative justice practices involve Shari'ah principles such as Qiṣāṣ, Diyya, and Ṣulḥ that promote dialogue, compensation, and community involvement, and offer rehabilitation rather than punitive action. The study, which used a systematic mapping, revealed that while the secular model relies on state-centric and legal-positivist structures, the Islamic model relies on victim-centric solutions that operate under the administrative patronage of provincial bodies. The study identified that while both systems achieve functional equivalence in conflict resolution, they remain fundamentally distinct in their regulatory infrastructure and their core jurisprudential conceptualization of whether the state or the individual 'owns' the legal conflict.

Page 22 of 23 | Total Record : 223

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