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Muzayyin Ahyar
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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 235 Documents
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ABU HAMID MUHAMMAD AL-GHAZALI DAN METODE IJTIHADNYA DALAM AL-MUSTASHFA
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.511

Abstract

Al-Ghazali (1058 H/1111 M) is one of the prominent Islamic scholars who lived during the golden age. Due to his great contribution, al-Ghazali’s thoughts have been studied for centuries and deemed to be an important Islamic legacy. Al-Ghazali’s eminence in Islamic history can be seen from the title given to him, i.e. hujjatul Islam (the great defender of Islam) and the classical status of his work ‘al-Mustasyfa’, a book of Islamic juriprudence theory. He based his thought on three major Islamic sources: al-Qur’an, the Sunnah, and sound mind. This then have been employed in his discussion on the argumentation of ijma’.
REKAYASA GENETIKA DALAM PERSPEKTIF ISLAM (Kontroversi Kloning Terhadap Manusia)
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.512

Abstract

The development of gene technology has created some problems insofar as ethical questions are concerned. One form of the advancement of gene technology is human cloning which leads to harsh polemic between the proponents and the opponents. Both parties claim that their arguments are sound because they have carefully considered many aspects. How Islam views this human cloning issue will be discussed by this article. It argues that Islam’s position on this issue will be contingent upon how far moral is taken into account in determining the legal status of human cloning.
RADD DALAM HUKUM KEWARISAN DI TUNISIA
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.513

Abstract

According to etymology, radd means to return. In its terminology, radd is returning what remain from the deceased property to dzawil furudh nasabiyah pursuant to their portion if there is no other heirs entitled to receive the property. According to Maliki’s school of law, radd cannot be returned to dzawil furudh nasabiyah; it should be given to baitul mal (Islamic treasury), instead. Tunisia which adopts Maliki’s school of law, interestingly, promulgate a somewhat different concept of radd in its family law. This article therefore is to discuss this inconsistency.
EKONOMI ISLAM: KAJIAN KONSEP DAN MODEL PENDEKATAN
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.514

Abstract

This article is to describe Islamic views on economy as they have been enhsrined in the Koran. There are at least three explanations of what constitute Islamic economy: first, the science of Islamic economy; second, the system of Islamic economy, third, the economy of Muslim. The emergence of Islamic economy is very much to do with the doctrine of riba prohibition. In its modern practice, banking interest is deemed to be riba. In addition, the study of Islamic economy in modern time has been undertaken by means of different approaches.
KONSEP DAN OPERASIONALISASI PEGADAIAN SYARIAH
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.515

Abstract

In Islamic jurisprudence, the contract of pawn is called as rahn meaning to deposit something as security for a loan. Rahn initially was used to accomplish the transaction of loan by means of qard. In its development as practiced by Syariah Pawnbroker, another form of contract in rahn has been employed, i.e. mudharabah. When a costumer decided to use mudharabah in the rahn contract, the rahn functions to save up article deposited as for future use. The Syariah Pawnbroker then serves as investor, while the customer serves as businessman.
JUAL BELI GHARAR (Tinjauan terhadap Proses dan Obyek Transaksi Jual Beli)
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.516

Abstract

Islam has urged its follower to seek sustenance through trading. As a matter of fact, the Prophet is a role model of a successful trader and so did many of the Prophet’s companion e.g. Abu Bakar, Umar Ibn Khattab, Utsman Ibn Affan, Abdurrahman Ibn Auf and so forth. When urging the trading, Islam has given guidelines of what is allowed and prohibited. One of them is the prohibition of gharar because it involves uncertainty (betting or gambling) in doing business. This article is to discuss the concept of gharar in Islamic business law. Accordingly, there are two types of gharar i.e. uncertainty in contract and uncertainty in object of contract.
HARGA DALAM PERSPEKTIF ISLAM
Mazahib VOLUME 4, ISSUE 1, JUNE 2007
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i1.517

Abstract

In every business, pricing is a very important stage. This is because price will influence the status and performance of company finance; let alone the customers’ perception and positioning the brand. Failure in pricing will have long terms impacts on the company’s existence. In Islam, price becomes a standard of exchange between money and goods/services that a buyer and a seller must be willing. Any methods may be employed to price as long as they fulfill some requirements underlined by Islam.
Tinjauan Hukum Islam Terhadap Penerapan Akad As-Salam dalam Transaksi E-Commerce
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (632.002 KB) | DOI: 10.21093/mj.v15i1.589

Abstract

The rapid development of technology have been showing new dimension for transaction activity.  The early of transaction activity with traditional method. Now day, it can be done by networking fast, is so called with internet (e-commerce). In the practice, e-commerce transaction involving some parties which niet found in the traditional method. As well as on the shape, process up to end of transaction. As an approval that emerged from agreement, akad have legal consequence that given the right and the other side requires the obligation to the parties that form a binding contract to one anether. Therefore, akad was essential to the acceptance or rejection of legal act.
Analisis Konsep Keadilan, Kepastian Hukum dan Kemanfaatan dalam Pengelolaan Lingkungan
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (424.721 KB) | DOI: 10.21093/mj.v15i1.590

Abstract

Environmental management becomes the attention of environmental existence because the exploitation is always in contiguity with nature, including forest exploitation which has positive and negative effects. On the one hand, the forest provides economical growth, but it also brings the natural demage (environmental ecosystem) on the other hand. The legal norms become a border and a sign of legal subject flexibility at once for forest exploitation. According to Gustav Radburch, the purposes of law are fairness, certainty and usefulness; it will become the hope to create environmental management which has environmentally sound based on Law No. 32 of 2009 on the Protection and Environmental Management. This article uses a normative legal research based on legal system components including the structure, substance and legal culture. There are some rights and obligations in environmental management; the right to live in healty and good environment, and obligation to keep the environment as well as possible. Justice in environmental management can be actualized if rights and obligations are run inequilibrium. Whereas, the legal certainty lies in the rule of law that become the reference of legal subject to exploit the forest resources. The legal certainty can be run effectively if it supported by good law enforcement. The legal benefit is achieved when the domminant legal subject perceived to benefit happiness. Fairness, certainty and benefits provide significant functions to maintain the environmental management with environmentally sound. But it can not be implemented simultaneously because of different tasks and functions.
Qiyas Sebagai Salah Satu Metode Istinbāṭ Al-Ḥukm
Mazahib VOLUME 15, ISSUE 1, JUNE 2016
Publisher : UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (650.817 KB) | DOI: 10.21093/mj.v15i1.606

Abstract

One of the methods of deriving Islamic law which is widely known in the study of usul fiqh is qiyas. Qiyas is very popular among the scholars of Shafi’i. In simple terms, qiyas can be interpreted as an attempt to equate the law of a case that does not have a legal naṣṣ to the case that already has a legal naṣṣ, because of the equation of 'illat. This article try to study qiyas as one method in istinbāṭ al-ḥukm by describing several aspects including the elements, requirements and steps that must be passed by a mujtahid who want to derive Islamic law through qiyas method.

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