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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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PENATAAN DAN PANDANGAN HUKUM ISLAM MUHAMMAD SHAHRUR
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

Muhammad Shahrur is a contemporary scholar who offers a reformist approach to Islamic studies. In bringing forth his ideas especially those related to the Islamic issues, he takes into account sociological backgrounds surrounding them. His thoughts, therefore, are phenomenal and even controversial in some areas such as on the issues of polygamy, inheritance limit, veil, marriage, dowry, and ṭalāq. This article analyzes Shahrur’s thoughts related to these problems. It finds that Shahrur’s ideas are based on the careful observation ofIslamic sciences coupled with theories in natural sciences. He thus argues that the nature of scientific truth is tentative and the Qur’ān as a text is open to different meanings and interpretations.

KONSEP SAKINAH, MAWADDAH DAN RAHMAH DALAM AL-QUR’AN (PRESPEKTIF PENAFSIRAN KITAB AL-QUR’AN DAN TAFSIRNYA)
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

One of the purposes of marriage is to create a sakinah (tranquil), mawaddah (affectionate) and rahmah (merciful) life among a husband, a wife and their children. The sakinah, mawaddah and rahmah’s life, however, does not come in handy with the marriage. It must be striven by both men and wives during their marriage. What does the Qur’an say about the concept of sakinah, mawaddah, and rahmah? This article elaborates on these concepts as enshrined in al-Rum : 21 as per the interpretation and translation of the Ministry of Religious Affairs. The Ministry’s interpretation and translation of the verse is necessary to be analysed given its wide use by Muslims in Indonesia. This article finds that the Ministry’s interpretation is not much different from the interpretation put forward by other Qur’anic commentators; it even makes reference to various opinions of the scholars.

REFORMULASI HUKUM TALAK DI LUAR PENGADILAN
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

Based on the Qur’an and the Hadith, ulama agree that talaq divorce has been prescribed in Islam. The talaq divorce, however, is used as the last resort of discord between a men and his wife in a household that can no longer be maintained or even bring harm to the couple. This article discusses the concept of talaq divorce in Islam. It especially analyses the current practice of talaq divorce in the Indonesian legal system, i.e. by requiring its pronouncement before the Religious Court (Pengadilan Agama) so as to be effectual. Even though this is a novel practice in Islamic law, its application is justifiable in order to prevent arbitrary talaq divorce pronounced by a man as well as to give legal protection and maintenance to a divorced wife and her children after the pronouncement of talaq.

PEMINDAHAN EMBRIO KE RAHIM WANITA LAIN DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

This article discusses the legal status of a child born from an embryo transfer from a woman who donors the egg to another woman who provide the womb. From Islamic law perspective, a child born from embryo transfer to another woman's womb belongs to the mother who gave birth to her, even though the egg is not from her. This then impacts on the inheritance status whereby the child can inherit from the mother who gave his/her birth, and vice versa. Meanwhile, positive law regards the child is the legal heirs of the parent who have the seed because they are the legal parent of the child pursuant to the agreement that has been agreed by the parties

PENERAPAN PRINSIP-PRINSIP HUKUM PERIKATAN DALAM PEMBUATAN KONTRAK
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

Parties involved in making a contract should understand and be aware of conditions negotiated during the contract making. This is instrumental in order to anticipate disputes that may arise from such contract. When there are disputes in the future, thus, a party may seek remedies of his/her rights that have been injured by another party. This article discusses principles of contract law in Indonesia and its application in the contract making.

PERLINDUNGAN HUKUM TERHADAP KORBAN PEMBUNUHAN SEBAGAI PEMBAHARUAN HUKUM PIDANA DI INDONESIA
Mazahib VOLUME 14, ISSUE 1, JUNE 2015
Publisher : UINSI Samarinda

This article aims at analysing the treatment of crime victim in the criminal justice system and efforts should be made to provide legal protection for the victims of crime. It argues that the treatment of crime victims by law enforcement officers do not fully provide legal protection to the victims. Meanwhile the contruction of justice views that the perpetrators and victims want a more process oriented on the real justice by promoting reconciliantion with the provision of compensation in any form and any source. Islamic criminal law, on the other hands, recognizes a kind of punishment called as blood money (diyat) for victims of murder and torture which has been apologized by the victim or family of victim. Diyat is amount of money or properties that should be paid by the perpetrator due to the death or bodily injuries suffered by the victim. Diyat punishment, therefore, do justice to both the perpetrator and victim (or his/her family) because it promotes reconciliation between the parties.

AHMADIYAH DALAM LABIRIN SYARIAH DAN NASIONALISME KETUHANAN DI INDONESIA
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This paper aims at looking at the phenomenon of intolerance against Jemaat Ahmadiya in Indonesia that has been occuring since several decades ago. The Jemaat Ahmadiya is continuously accused of blaspheming Islam, and, thus, led to its dissolution by the government. Employing political sociology as an approach, this article frames the plight of Jemaat Ahmadiyya through the lens of Jeremy Menchik’s “godly nationalism”. It then argues that (1) violence against Jemaat Ahmadiya are not only perpetrated by certain elements of intolerance society, but also accommodated by the government thanks to the general consensus regarding the common orthodox theism in Indonesia; (2) the phenomenon of intolerance also shows that Indonesian citizens are still perplexed by the concept of nationalism: on the one hand, Indonesia is deemed to be a secular state, on the other hand, it accommodates religions and their teachings into the state’s life.

PENGARUH POLITIK DALAM PEMBENTUKAN HUKUM DI INDONESIA
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This article examines how the politics influence legal development in Indonesia. Politics and law are two things that influence each other. In the process of establishing the rule of law by political institutions, the role of political forces who sit in the political institutions are very decisive. When the position of law is more determinant than politics, then political activities are regulated by and must comply to legal rules. On the other hand, when politics is more determinant than law, then law is a product of political wills that interacts each other and even competes each other. However, an ideal system is a system when both law and politics are in balance in terms of determination. In such condition, an order may be achieved.

KONSEP KEADILAN DALAM FILSAFAT HUKUM DAN FILSAFAT HUKUM ISLAM
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This paper compares the concept of justice in the viewpoint of legal philosophy and the philosophy of Islamic law. Justice in Islamic law comes from the Creator, Allah Swt., which is infinite justice and therefore must be believed not to apply the law unless justice to His servants. The concept of Justice will continue to evolve in line with social development. Fairness in life becomes an important requirement for humans so that everyone can strike a balance between demanding their rights and carrying out their obligations in an effort to reach the truth. Thus, the truth and the obligations must be in harmony and balance in life. Law is just a collection of words when the law does not materialize justice. When a law does not recognize justice, it is meaningless. Law formulation, therefore, is the process of harmonizing legal certainty and proportionality.

PEMIKIRAN HUKUM ISLAM KHALED ABOU EL FADL
Mazahib VOLUME 14, ISSUE 2, DECEMBER 2015
Publisher : UINSI Samarinda

This paper discusses the thought of Khaled M. Abou El Fadl about Islamic law. There is an anxiety that is felt by Khaled when he noticed fatwas issued by some fatwas scholars or institutions that exist in the Islamic world. Fatwas are considered to be authoritarian and discriminatory, particularly against women. In addition, these fatwas seem to be rigid; they could not adjust to the demands of the times and conditions. The phenomena of authoritarianism emerged, according to Khaled, due to methodological errors in understanding the legal texts that exist in the Qur'an and Sunnah. Khaled, thus, offers hermeneutic method that consists of three things: text competence, determination of meaning and concept of representation in Islam. When these three elements are met in the determination of the law, Islamic law produced is expected to be authoritative, innovative and dynamic, not authoritarian, discriminative and passive.

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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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Abstract

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

Abstract

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