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Mazahib
ISSN : 18299067     EISSN : 24606588     DOI : -
MAZAHIB Jurnal Pemikiran Hukum Islam (MAZAHIB Journal of Islamic Legal Thoughts, p-ISSN: 1829-9067, e-ISSN: 2460-6588) is a peer-reviewed journal published by the Faculty of Sharia, Samarinda State Institute of Islamic Studies (IAIN Samarinda). This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process.
Arjuna Subject : -
Articles 144 Documents
THE EXTENT OF ARBITRATION'S PREFERENCE AND INDEPENDENCE OVER THE JUDICIAL SYSTEM IN DISPUTES RESOLUTION SELECTION: A RE-EVALUATION FOR DEVELOPING JUDICIARY AND ARBITRATION SYSTEMS Ahmed, Ahmed Salem
Mazahib Vol 18, No 2 (2019)
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v18i2.1450

Abstract

The arbitration system is considered to be the most effective and efficient way of dispute resolution than the judicial litigation system. This opinion is based on several reasons such as time speed, confidentiality, flexibility, and so forth. Therefore, arbitration is considered to be able to present preference and independence in dispute resolution. However, this assumption needs to be assessed scientifically in accordance with existing realities. Hence, this article is to compare between the arbitration and other litigation systems in terms of their advantages and disadvantages. It found that arbitration was present in response to the weaknesses of the rigid justice system and its lack of creativity in creating mechanisms for disputes between disputing parties. Despite the fact, the arbitration system, in some cases, does not have independence precisely because of its flexibility, confidentiality and lack of supervision. Thus this article confirms that the actual arbitration system does not have preferences and independence that far exceeds the general litigation justice system. In other words, the advantages of the arbitration system do not exceed that of the general justice system except for its flexibility in handling unique disputes.Keywords: Arbitration system ? Judicial system ? needs of developing for resolving the disputes.
LEGAL PROTECTION AND THE PROBLEM OF ACCESSIBILITY FOR DIFFABLE: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND INDONESIAN LAW Sopyan, Yayan
Mazahib Vol 18, No 2 (2019)
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v18i2.1994

Abstract

As a Nation of Laws, every citizen is guaranteed to their freedom, being admitted and protected to their dignity, and also possesses the same position in the presence of law. Indonesia acknowledges and protects the human rights of its citizens without differentiating their background as enshrined in the 1945 Constitution. Part of Indonesian citizens is diffable (different in ability) group and they are supposed to have the same rights, responsibility, and positions as others. However, they have physical and psychological limitations and are considered to have difficulties to access public facilities without giving them the proper access. Accessibility is an important role to actualize the parity of opportunities in every aspect of life. It is an easiness provided for diffable people to achieve the same chance. In Islam, the issue of diffability has been discussed too which is drawn from the Qur?an and Hadith as the major source of Sharia. This article aims to point out the intersection between Islamic law and Indonesian law in providing concerns towards diffable people to obtain their rights and to observe how the legal protection to accessibility for diffable has been implemented. It finds that in the normative order, both Islamic and Indonesian law have provided adequate attention and protection for diffable people. Nevertheless, the means to provide access for them is yet to be optimal. The causes are: inconsistency to properly implement the law, incomplete facilities, and the unfriendly behavior and culture towards people with disabilities.Keywords: Islamic Law, Indonesian Law, Diffable, Accessibility
SUBJECT AND AUTHOR INDEX Ahyar, Muzayyin
Mazahib Volume 16, Nomor 2, Desember 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v16i2.860

Abstract

AKAD NIKAH VIA INTERNET Ashar, Ashar
Mazahib Volume 11, Nomor 1, Juni 2013
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v11i1.114

Abstract

The phenomenon of marriage via the Internet is a matter that should be reviewed and commented upon by the experts of Islamic family law in Indonesia. Practice ceremony remotely using this technology media has never even met the previous era. Practice ceremony at the time of the Prophet and the righteous Salaf simply implies permissibility tawkil method, ie, if the contract understudy contract actors (both guardian and groom) was unable to do so. Problems in marriage are done via the internet. On the use of internet facility (on-line), we can see the other person exactly like the original and the same words spoken by what diucaapkannya according to the time when he was talking. This certainly will not reduce the validity of a marriage contract terms as described above, for granted consent and can be done with a clear and done at one time and future wife, guardians and witnesses could see the presence of the husband candidates via the Internet (on-line). There is a difference of opinion in the use of the word sahnnya assemblies on a contract requirement. Jumhurul scholars interpret the word "assembly" is the "time and circumstances or continuous". While some scholars argue that the word "assembly" that means "place", For some scholars, the contract may be performed at different times and places only on probate issues.
DUMPING DALAM PERSPEKTIF HUKUM DAGANG INTERNASIONAL DAN HUKUM ISLAM Anggraini, Nita
Mazahib Volume 14, Nomor 2, Desember 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v14i2.344

Abstract

This paper discusses the views of international commercial law and Islamic law against the practice of dumping. Dumping is the practice of selling a product in export destination countries at a price below the normal price which aims to dominate the market abroad. Dumping is often made by a country to capture the international market, so it is the case that is high figure in international trade. Indonesia is ranked five on charges of dumping. Dumping is the practice of dishonest trading, but the dumping was not prohibited by the WTO. Importing countries can apply anti-dumping duties against dumping of products to prevent or reduce the effects of serious losses on similar domestic products. Islam recognizes the term dumping by the term 'siyasah al-ighraq' or slam the price. In contrast to world trade law, Islam prohibits the dumping as in the provision of the Prophet hadith, because it will cause misery or bankruptcy of producers of similar goods.
HARGA DALAM PERSPEKTIF ISLAM Birusman Nuryadin, Muhammad
Mazahib Volume 4, Nomor 1, Juni 2007
Publisher : IAIN 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.
THE ROLE OF SHARIA JUDGES IN INDONESIA: BETWEEN THE COMMON LAW AND THE CIVIL LAW SYSTEMS Alfitri, Alfitri
Mazahib Volume 16, Nomor 2, Desember 2017
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v16i2.825

Abstract

This article seeks to analyse the role of Religious Courts? (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation); and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES), do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis) in Islamic history which on a certain level similar to the role of judges in common law system.Keywords: Sharia Judges? Role, Legal Profession, Bureaucracy, Common Law System, Civil Law System
POLA PEMBAGIAN HUKUM KEWARISAN ISLAM BAGI ANAK LAKI-LAKI DAN ANAK PEREMPUAN Noor, Muhammad
Mazahib Volume 10, Nomor 1, Juni 2012
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v10i1.105

Abstract

The pattern of distribution of the provisions of Islamic inheritance law with Islamic law excavation methodology can be aligned with the values of justice is perceived and lived in public life. Formulation of new laws that are relevant to the needs of people who experience social change, so that the Islamic inheritance law that is universal will be passed on without knowing the limits of territorial and social environment. The result of Islamic inheritance law will have the flexibility and power with good adaptability to changes in society. Reformulation of the law as a result of changes in running condition by reconstructing relationships within the community. This means that the cause of law are closely related and should be able to anticipate changes in society, because that law is required to formalize the relationship between community members.
KONSEP SAKINAH, MAWADDAH DAN RAHMAH DALAM AL-QUR’AN (PRESPEKTIF PENAFSIRAN KITAB AL-QUR’AN DAN TAFSIRNYA) Ismatulloh, Ismatulloh
Mazahib Volume 14, Nomor 1, Juni 2015
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v14i1.335

Abstract

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.
STUDI TENTANG AMIL ZAKAT Harul, Romansyah
Mazahib Volume 4, Nomor 2, Desember 2007
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v4i2.508

Abstract

Amil zakat is the collector of zakat (obligated Islamic charity) from the zakat payers and the distributors of zakat to the beneficiaries assigned by the government. This concept come from the tradition of the prophet and the practices of caliph. As the collector of zakat, amil zakat is entitled to get 1/8 from the collected zakat fund. Others say that amil zakat is entitled to a salary, and this can be issued from the collected zakat or from the Islamic treasury.

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