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Mazahib: Jurnal Pemikiran Hukum Islam

mazahib
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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 235 Documents

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Gagasan Pembaruan dalam Bidang Hukum Kewarisan
Mazahib VOLUME 13, ISSUE 2, DECEMBER 2014
Publisher : UINSI Samarinda

As a result of intellectual work through istinbat or ijtihad of the scholars in understanding the provisions of paragraph al-Quran and al-Sunnah, Fiqh Mawaris has been stated in detail in the books of fiqh. However, social development and habits that occur and grow in the awareness of the public law, gave birth to the ideas of reform in the field of inheritance law. These ideas need to be studied, so that the message of Mohammad who believed sa>lihun likulli Zama>n wa maka>n be realized. The ideas of this update includes the division of inheritance based faraid is{la<h, the implementation of the grant, the division of inheritance based on consultation and consensus (is} lah), and the division of joint property. Although the ideas of reform in the field of inheritance law is normatively different from the concept of inheritance in the Qur'an and Sunnah, but the concepts deserves to be appreciated and promoted, because realistic and fair.

EKONOMI ISLAM DAN POLITIK HUKUM DI INDONESIA
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : UINSI Samarinda

This paper will elaborate on the history of modern Islamic economic and political relationship with the law in an attempt to formulate a variety of Islamic economics Law. This article also describes the position of Islamic economic in the Indonesian legal system so that it will be obtained a description of how an implementation of Islamic economic in the Indonesian economy. This picture is quite important to know to look atbase for development of Islamic economic laws existing in the two periods, the New Order and Reform Era.

KEKERASAN DALAM RUMAH TANGGA Perspektif UU No. 23 Tahun 2004 Tentang PKDRT dan Hukum Islam
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : UINSI Samarinda

Domestic violence is one of the manifestations of violence that gender base and it is culture phenomenon that be constructed by many variables, among other, social system, culture, legal and religious beliefs. Gender injustice is a system and a structure in which both men and women are victims of the system. Domestic violence is born because of the relationship of husband-wife is hierarchical-structural, where the power relation between them are not unbalanced pattern, where unequal relationship that just gets juridical legitimation by the state, cultural and religious doctrine. Gender injustice manifested in various forms of injustice, namely marginalization, subordination stereotypes, violence, double burden, and the socialization of gender roles ideology that not equal. Therefore struggle to advocate for grounding principle of gender equality include three dimensions, namely efforts to reinterpretation legal subtances (positive and religion), build a culture community that gender sensitive and oversight of law enforcement officers.

MASLAHAH MURSALAH SEBAGAI METODE DALAM PENETAPAN HUKUM ISLAM
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v12i2.324

At ushul fiqh study, has been negotiated that there were four sources of Islamic Law, namely Al Qur’an, Hadits, Ijma’ and Qiyas. At its development also many methods that known as determination of Islamic Law, including maslahah mursalah. Maslahah divided into three area, namely accepted by syara’, ignored by syara’ and be debated by fuqaha because there were no postulate both accept and also ignore that. the third ones that become the object of maslahah mursalah theory or a term introduced by Imam Malik. Maslahah mursalah as a method or source of legal determination is used by some of ulama but some others especially from follower of mazhab asy-Syafi’iyah denied whereas based on the research results, Imam asy-Syafi’I and follower, Imam Gazhali, accept it.

KLASIFIKASI AYAT-AYAT HUKUM (DARI SEGI QATH`I DAN ZHANNI)
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : UINSI Samarinda

Qur’an from al-tsubut view is qath’i. Qath’i disavowal will bring theologies consequencies. However, from al-dalalah view, Qur’an verses are some qath’i and others zhanni. Qath’i al-dalalah is a permanence that point to particular meaning that not contain possibility to be ta’wil or far away from original meaning and there is no space or opportunity to understand besides it. At the same time zhanni al-dalalah is that still contain two or more probability.

SISTEM KERJA DAN PRINSIP PASAR MODAL SYARIAH
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : UINSI Samarinda

Islamic capital market is the capital market that applies the principles of sharia or the instruments of marketable securities must meet kosher criteria. Prohibition of any transaction that contains elements of usury, maysir, gharar, bay 'najasi, ihtikar. Ban on all investments are not made on the spot, meaning harmony and the terms of the transaction to be complete. Description of the legal basis and principles of capital market transactions above, especially concerning contract forms will provide a way for academics and investors who want to consistently use Islamic principles in assessing the critical instruments of investment instruments available in the capital market . Instruments and transactions that are prohibited in the capital market are preference shares, options, futures, margin trading, short-selling.Instrumen instruments in accordance with sharia is stock (ordinary), Islamic bonds, Islamic mutual funds.

PERLINDUNGAN TERHADAP INDIKASI GEOGRAFIS (PRODUK YANG DISTERTAI NAMA TEMPAT) DALAM RANGKA HUKUM NASIONAL DAN HUKUM INTERNASIONAL
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : UINSI Samarinda

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Whether a sign functions as a geographical indication is a matter of national law and consumer perception.Our Country rich of local products that consist the name of place. There are many example of goods which consist of the name of the place as like: Sarong Samarinda, Coto Makassar, Apel Malang, Dodol Garut etc. As a contracting party of World Trade Organization especially Trade Relate Intellectual Property Right, Indonesia hava regulation to protect the product, UU No. 15 Tahun 2001 tentang Merek and PP No. 51 Tahun 2007 tentang Indikasi Geografis.

FIQH EKOLOGI MEMBANGUN FIQH EKOLOGIS UNTUK PELESTARIAN KOSMOS
Mazahib VOLUME 12, ISSUE 2, DECEMBER 2013
Publisher : UINSI Samarinda

I should say that according to Islam, everything in the universe is created by God. It is God Who adorns the skies with the sun, the moon and the stars, and the face of the earth with flowers, trees, gardens, orchards, and the various animal species. It is again God Who causes the rivers and streams to flow on the earth, Who upholds the skies (without support), causes the rain to fall, and places the boundary between night and day. The universe together with all its richness and vitality is the work and art of God, that is, of the Creator. We are God’s vicegerents on the earth; it has been given us in trust. Just as we are not the lords of nature and the world, so the world is not our property which we can dispose of as we wish or as we are able. Nature was created by God and it belongs to God. Everything in nature is a sign of God’s existence.The article should tried to the readers on islamic studies that Islamic maintsream doctrine one of the most important was fiqh event regognized as fiqh civilization, but it has stagnance of the Islamic jurist progress to creat of jurisprudence until today, its impact for the habitual of moslems community all the corner of the world didn’t recognized as well as Islamic pillars and the five destination of shariah (maqashid ash syari’ah), as a moslem prominent thinker Yusuf Qardhawi added it one more as became hifdz al bi’ah. Nowdays, Islamic jurisprudence very compatible to creat new stream on fiqh as wellknown an ecological fiqh. Fiqh’s views basicly on the environment, cosmos ethic and earth conservation.

PASAR MODAL DALAM PERSPEKTIF ISLAM
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

Capital Markets are long enough to be known by the entrepreneurs and the investors in an effort to expand their businesses or by that of speculators simply for looking for great profits. The Indonesian capital markets are supervised by BAPEPAM in order to prevent illicit transactions that include window dressing. The capital markets may operate through the primary market, secondary market, third market and fourth market; yet, only the primary market that is expected to run in accordance to shari'a. This is because the issuers directly offer their shares or securities to prospective buyers or potential investors without going through the brokers’ services. This article is thus to analyses this primary market option from the Islamic law point of view.

EPISTEMOLOGI FIQH SABILAL MUHTADIN
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

This article analyses Sabilal Muhtadin, a magnum opus of Syekh Muhammad Arsyad al-Banjari in Islamic jurisprudence. Al-Banjari is considered as a prominent intellectual from Banjarmasin, Indonesia who could contribute to the development of Islamic law beyond the municipal and national territory. In writing the Sabilal Muhtadin, al-Banjari have used three models of ijtihad, namely deductive, inductive, and the combination of the two. In applying the deductive method which should only refer to the verses of the Qur’an or the Hadith, however, he extends it to the opinion of previous Islamic jurits. This then proves that al-Banjari is not an independent mujtahid who exercise free ijtihad like the eponyms of Islamic schools of law. Yet, by applying the inductive (especially, maslahah and sadd adz-dzari’a) and the combined deductive-inductive methods, he is able to accommodate the social changes to the requirements of shari’a. Sabilal Muhtadin thus mirrors the intellectual developments within Islam responsive to the author’s circumstances.

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Reviewer

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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

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

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