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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 218 Documents
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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.
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.

Page 22 of 22 | Total Record : 218

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