Mazahib: Jurnal Pemikiran Hukum Islam
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.
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207 Documents
<![CDATA[Poligami dalam Hukum Islam Indonesia (Analisis Terhadap Putusan Pengadilan Agama No. 915/ pdt.g/ 2014/ pa.bpp Tentang Izin Poligami) ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 1, JUNE 2016 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
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DOI: 10.21093/mj.v15i1.607
<![CDATA[This article discusses the considerations of Balikpapan Religious Court judges in giving polygamy permits in case No. 915 / Pdt.G / 2014 / PA.Bpp. In this case the applicant sought permission to marry his partner that he had married earlier not in accordance to state law (Nikah Sirri) 2014. In 2003, the couple was blessed with a son. They then face legal problems to get his birth certificate; and this is one of the reasons the applicant apply for a polygamy permit. Although the application does not meet the provisions of the marriage law in Indonesia about the terms of polygamy (Article 4 (2) Marriage Law No. 1/1974), the judge in the case still gives permission to the applicant . Consideration of the judges are the permission is given because it has greater utility than to simply follow the provisions of the law of marriage: namely legalizing their Nikah Sirri and welfare of the (illegitimate) child. This case shows once again that Religious Court judges are not only glued in the provision of positive law in Indonesia but also delves living law in the community, including here the principles of sharia and fiqh. Keywords : Polygamy in Islam, religious court in Indonesia,]]>
<![CDATA[Implementasi Pengelolaan Zakat di Aceh ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 1, JUNE 2016 ]]>
Publisher : <![CDATA[UINSI Samarinda ]]>
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DOI: 10.21093/mj.v15i1.613
<![CDATA[This article discusses the local provision of Aceh; Qanun No. 7 of 2004 on Zakat Management. Qanun No. 7 of 2004 on Management of Zakat on the managing zakat is an effort to increase and optimize the potential of zakat in Indonesia, which is still far from the expected. Some of the issues discussed in this article are the provisions of Qanun on muzakki (person who obliged to pay zakat), mustahiq (those entitled to receive zakat ), Baitul Mal and Conditions ' uqubat (sanctions against deviations from the zakat). This article studied by using Islamic approach and normative juridical with library research. The results show that the discussion in relation to mustahiq zakat, the Qanun has provided a guarantee for people who in Act No. 18 of 2001 established as one of income sources (local revenue). In the provisions of the charity 's Qanun, very clearly stipulated that zakah is only distributed to mustahiq accordance with Shari'ah. This shows that zakat cannot be used for purposes that are not included in one of the senif that has been clearly mentioned in the Qur'an. In relation to sanctions against irregularities of zakat, the existence of this Qanun can be considered as a complement to Law No. 38 of 1999 on Zakat which still has many shortcomings, especially the clauses providing for sanctions for irregularities to the management of zakat. In the Act, the sanctions more set on irregularities for zakat were Qanun zakat management is already include amyl and muzakki. The Qanun is also member of the delegation of authority for management immense charity by Baitul Mal. Keywords: Qanun Aceh, zakat management in Indonesia]]>
<![CDATA[Kontribusi Ajaran Islam Tentang Hak Politik Perempuan ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 1, JUNE 2016 ]]>
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DOI: 10.21093/mj.v15i1.614
<![CDATA[The purpose of this study is to determine and to analyze how the contribution of Islamic teachings on women's political rights. Contributions of Islam on women's political rights has been long existed, Islam never restricts women’s creativity in any field as long as it does not violate the nature as a woman. If she has married, responsibilities as a wife and mother of her children should not be forgotten. In Islam, either man or woman has the right to organize, fight and defend, and the right to participate in the diplomatic and political agreements. The constraints against women is the lack of support from the women themselves for the sake of fulfilling a quota of 30% which is until this time it has not happened yet. Besides, the lack of knowledge for their representation as women in the political domain which has the real influence to the prosperous society The efforts being made should have been done well, the government should always pay attention to the representation of women in many ways. In the political domain, political parties should be one of the institutions which empower women who has a capability in political struggle.Keywords: Contributions Teaching of Islam, Women's Political Rights.]]>
<![CDATA[Kedudukan Kompilasi Hukum Islam Dalam Tata Urutan Perundang-Undangan Di Indonesia ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 1, JUNE 2016 ]]>
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DOI: 10.21093/mj.v15i1.616
<![CDATA[The Compilation of Islamic Law of Indonesia contains Islamic rules according to the conditions of Indonesian Muslims. The Compilation was formulated, among other things, by adopting an eclectic approach towards sunni schools of Islamic law (Madzahib al-Fiqh) and legal opinions (fatwa) of Indonesian Islamic scholars (ulama). It is now used by the judges in the religious courts as the substantive law in adjudicating Islamic family law cases: marriage, inheritance, and Islamic trust (waqf). Despite its deliberate drafting process, the Compilation is problematic to be a positive law in Indonesia especially after the enactment of Law No. 12 of 2011 concerning the establishment of statutes. This is because the Compilation was passed by means of the Presidential Instruction (or now decree) No. 1 of 1991. The format of Presidential Decree is not listed in the hierarchy of law in Indonesia either prior to or after the promulgation of Law No. 12 of 2011. This article aims to analyze the status of the Compilation as the positive law in Indonesia after the promulgation of Law No. 12 of 2011 and what measures can be taken by the government to elevate its status. It argues that the President can initiate to change the Compilation legal basis from Presidential Decree to Government Regulation in Lieu of Law. In following year, the Government Regulation in Lieu of Law can be passed as an Act. When it is an Act, the Compilation is officially effective and binding in Indonesia.]]>
<![CDATA[Qanun Man’i al-Maysir fi Wilayati Aceh: Dirasatun Tahliliyatun fi Dhaui Maqasid al-Syari’ah ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 1, JUNE 2016 ]]>
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DOI: 10.21093/mj.v15i1.618
<![CDATA[This research aims to study the prevention law of gambling in Aceh. Which has applied since 2003 M. The problem appears from this study is miss understanding of some Achiness society. Some of them accept that the gambling law is applied according to the purpose of Islam on the prohibit gambling. On another perception some of the community in Aceh do not accept it. they argue that the law of prevention gambling in Aceh is just from government not from Syari’. The explanation of appropriation between the purpose of government on applying this law and the purpose of maqashid al- syariah on prevention gambling. And discuss the reason of miss understanding society. So, this research will analyse the problems deal from this law, the solution, and finding out the wisdom of forbid gambling, and the relation prevention gambling law and the maqashid al – syariah on keep the wealth, because the command of preserve wealth is one of the purpose of syariah that Muslim should watch over it.thus, The researcher adopted the inductive methodology and the analytical approach to reach the solution on it. The most important result finding in this study is firm relation between the prevention gambling law in Aceh and maqashid al- syariah. Gambling is prohibited by many evidences and propositions from al-qur’an and hadits. In addition There are many kind of gambling renowned, the punishment for violate the gambling law is ta’ziriah. This forbidden relate to the command on keeping the wealth. Since that is one of the purpose of shariah. If the prevention of gambling law is approved and applied so that the purpose of shariah is reached as well. Futhermore, the law must be holdout on all Muslims to avoid gambling .]]>
<![CDATA[Kurikulum Fikih dalam Bingkai Negara Kesatuan Republik Indonesia: Upaya Membangun Peradaban Islam berbasis NKRI ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
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DOI: 10.21093/mj.v15i2.622
<![CDATA[Despite having a population that is predominantly Muslim, Indonesia is not an Islamic state; instead, it is a unitary state with different ethnic, tribal, cultural and religious views. Therefore, the awareness of Indonesian people toward the concept of plurality is instrumental in social life. This article attempts to discuss the need for a method in learning Islamic law that leads to the cognizance of the importance of plurality. By using content analysis method, this study focuses on finding learning methods of Islamic law within the framework of the Negara Kesatuan Republik Indonesia (NKRI, Unitary Republic of Indonesia). It finds that all textbooks on Islamic law taught at secondary schools have deficiencies in addressing Indonesian diversity in an inclusive manner. Hence, more reading materials that touches on issues of plurality in the interest of the state and nation are badly needed. The results of this study confirm that the plurality-sensitive Islamic jurisprudence (fiqh) can be implemented in two ways: first, through education; and second through reforming the body of fiqh itself. When the concept of fiqh is unresponsive toward the phenomenon of pluralism and human rights, then its manifestations by Muslims may also envisage this very own fiqh concept. Keywords: contextuality of fiqh, Unitary Republic of Indonesia, plurality education in Indonesia]]>
<![CDATA[Perda Berbasis Syari’ah dan Hubungan Negara-Agama dalam Perspektif Pancasila ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
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DOI: 10.21093/mj.v15i2.623
<![CDATA[Presidential Decree 1959 declared that the state of Indonesia back to the Constitution of 1945. The preamble of the 1945 Constitution turned out to comprise the formulation of article 1 of Pancasila which states the obligation of adherents of Islam to comply with Islamic law (a.k.a. the Jakarta Charter). Presidential Decree 1959 cannot nominally be used as the basis for the enactment of Shari'a in Indonesia as a whole. Even so, it has provided a place for the position of Shari'a in Indonesia, or at least been a foundation for the establishment of national legislation that is based on Shari'a. This article discusses the justifiability of Shari’a bylaws by means of the socio-historical value of the first principle of the Pancasila which is accommodative to Shari`a. It argues that Pancasila cannot only be viewed in terms of legal ideals containing philosophy as well as the idea of ideas and cultural values of a nation, but also the reflection of the moral values of Islam in all aspects of human life as a whole. Therefore, the existence of Sharia bylaws can be justified from the standpoint of the first principle of the Pancasila.]]>
<![CDATA[Rekonstruksi Hukum Kewarisan Beda Agama Ditinjau dari Al-Ushūl Al-Khamsah ]]>
<![CDATA[ Mazahib VOLUME 16, ISSUE 1, JUNE 2017 ]]>
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DOI: 10.21093/mj.v16i1.625
<![CDATA[ Islamic Inheritance Law is believed to be a law containing rules that are in line with public interest. Hence, only few Moslem scholars (ulama’) have conducted ijtihad on the topic in order to reform its rules and bring them pursuant to contemporary situation. Consequently, when there is a gap between the ideal of Islamic inheritance law (i.e. maslaha) and its application in the Islamic society, a rational ruling over the problem of inheritance division faced by Moslems becomes unavailable. Given this, it is necessary to re-interprete the textual sources of Islamic Inheritance Law, in order to come up new rules pursuant to the objective of syari’ah. One of the pressing problems need to be resolved is about the status of Muslim heirs whose inherits from their non-Moslem family. This article thus discusses two main issues: first, what the opinions of Moslems scholars are about a Moslem who inherits from his/her non-Moslem family; and second, which opinion is the most relevant to the al-uṣhūl al-khamsah. This article is doctrinal legal research which employs comparative and deductive analysis. It reveals that: (1) the Moslem scholars are devided into two groups of thought, the first group forbid a Moslem to inherit from his/her non-Moslem family, and the second group allow it; (2) the most relevant opinion to the objective of syari`ah is the second opinion. This is so because the admissibility of a Moslem to inherit from his/her non-Moslem fulfils the criteria of public interest of essential and complimentary level. Keywords: Islamic Inheritance law, interfaith inheritance law, istiṣlāhi, al-uṣūl al-khamsah. ]]>
<![CDATA[Pilkada Langsung Dan Pilkada Tidak Langsung Dalam Perspektif Fikih Siyasah ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
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DOI: 10.21093/mj.v15i2.630
<![CDATA[Direct and Indirect Regional Head Election (Pilkada), has been a long debate in the life of a democratic society in Indonesia. With Islam as a religious social background of the majority of the people of Indonesia, this makes the debate cannot be separated from the Islamic jurisprudence (fiqh). This paper is to compare the two electoral systems in light of Islamic constitutionalism (fiqh syasah). This study uses the theory of maqasid sharia of the maslaha as a tool to analyze the comparison of the two electoral systems. The findings of this study suggest that there are some positive things on one side, and some negative things on the other side on each system of direct election and indirect election. Taking into account the benefit of both the local election systems, the study concluded that direct election has more benefits that outweigh the indirect election. Some of the public benefits include: the strengthening of the people's sovereignty and avoid injustice in society at large as part of the learning aspects of politics and government. Second, it will build a litigious society and law enforcement officers who act decisively and are nonpartisan, which in turn creates a reverent attitude of the people towards the leader. In the field of socio-economic, public and private investors’ confidence in the system and the results of the election will increase due to the political stability that is essential for the economy.Keywords: Regional head election in Indonesia, direct election, indirect election, fiqh siyasah in Islam]]>
<![CDATA[Konsep Qath’i dan Zhanni dalam Hukum Kewarisan Islam ]]>
<![CDATA[ Mazahib VOLUME 15, ISSUE 2, DECEMBER 2016 ]]>
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DOI: 10.21093/mj.v15i2.632
<![CDATA[The term qath'i (definitive) and zhanni (speculative) in Usul al-Fiqh is used to explain the sources of Islamic legal texts either the Qur'an or Hadith in two ways, namely al-tsubût (existence) or al-wurud (sourced from the truth), and al-dalalah (textual implication). In terms qath'i and zhanni al-tsubut and al-wurud, Islamic jurists agree that the Koran and the hadith mutawatir is definitive, whereas ahad hadith is zhanniy ats-tsubut. They differ in terms of qath'i and zhanni of the al-dalalah (interpretation). Islamic jurists state that if a text of the Koran or Hadith contains only one meaning that is clear and not open up to other possible interpretations, as well as read certain numbers, then the text is regarded as the definitive text of textual implication. The texts relate to inheritance law fall into the category this qath`i al-dalalah. Meanwhile, contemporary Islamic jurists state that the qath'i and zhanni al-dalalah of the texts both the Koran and the hadith cannot be seen from the clarity of meaning of the texts but also on the desired essence of the text which is commonly known as the maqasid al-shari'ah. The maqasid approach must also be coupled with the theory ta'abbudi and ta'aqquli. Based on this, this article argues that the texts related to Islamic inheritance law is categorized zhanni al-dalalah because they concern of human social relations (mu`amalah) which are affected by the socio-economic context of the role of men and women in society (ta`aqquli). Consequently, the texts in the field of inheritance law are open to modern interpretations.Keywords: Islamic inheritance law, qath'i and zhanni in Islam]]>
