Mazahib Pub Date : 2023-06-14 DOI: 10.21093/mj.v22i1.5152

Rahmat Hidayat, Akh. Fauzi Aseri, M. Hanafiah

{"title":"Legalization of Informal Hibah and Wasiat through Isbat Hibah and Wasiat in Religious Courts","authors":"Rahmat Hidayat, Akh. Fauzi Aseri, M. Hanafiah","doi":"10.21093/mj.v22i1.5152","DOIUrl":"https://doi.org/10.21093/mj.v22i1.5152","url":null,"abstract":"Abstract \u0000Based on the Religious Judiciary Annual Report in 2020, there have been many lawsuits for hibah and wasiat in the religious courts due to informal hibah and wasiat. On the other hand, there are no rules governing the religious courts' authority in legalizing the practice of informal hibah and wasiat. This study initiated the discourse on the legalization of informal hibah and wasiat through isbat hibah and wasiat in the religious courts. Hence, what are isbat hibah and wasiat and their legal basis as a renewal of the religious courts' authority in Indonesia? This study is normative legal research in which legal norms in statutory regulations are examined as research objects. This study's results indicate that informal hibah and wasiat still occur in society, which raises social problems such as conflicts between recipients of informal hibah and wasiat and the heirs of informal hibah and wasiat. These social problems occur when the giver or recipient of informal hibah or wasiat passes away. Meanwhile, the subject or object of the related hibah and wasiat does not yet have a formal foundation. Legal problems related to informal hibah and wasiat lead to legality issues due to the absence of authentic evidence showing that the subject or related object has given or received a certain hibah or wasiat. Even though every legal action must be carried out legally and formally, The concept of isbat hibah and wasiat under the authority of religious courts aims to achieve the certainty, fairness, and legal benefits of informal hibah and wasiat. \u0000 \u0000Keywords: Legalization, informal hibah and wasiat, isbat, Indonesia Religious Courts.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46556374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Islam and Maritime Security Cooperation Zone for Combating Terrorism: An Overview of Islamic Legal Thought 伊斯兰教与海上反恐安全合作区:伊斯兰法律思想综述

Mazahib Pub Date : 2023-06-07 DOI: 10.21093/mj.v22i1.6134

Satria Unggul Wicaksana Prakasa, Sholahuddin Al-Fatih, H. Bachtiar

{"title":"Islam and Maritime Security Cooperation Zone for Combating Terrorism: An Overview of Islamic Legal Thought","authors":"Satria Unggul Wicaksana Prakasa, Sholahuddin Al-Fatih, H. Bachtiar","doi":"10.21093/mj.v22i1.6134","DOIUrl":"https://doi.org/10.21093/mj.v22i1.6134","url":null,"abstract":"This article aims to examine the phenomenon of cooperation among Southeast Asian countries in dealing with the case of maritime security and counter-terrorism. The study uses the legal approach covering both international law and Islamic law perspectives. The finding of this article reveals that the implementation of the ASEAN Convention on Counter-Terrorism (ACCT) plays a crucial role in combating terrorism in the context of maritime security. Furthermore, relevant ASEAN member state authorities need follow-up support to enhance cooperation. The supports are important to counter, prevent, and suppress terrorism, terrorist organizations, associations, and networks' plans of the act. Yet, the implementation of ASEAN cooperation has faced the challenging reality of the paradox of maritime sovereignty among states in the region. The problem is likely encouraged by the factor of the internal political dynamics within each state involving the instrumentalization of the issue of national security. Instead of remaining as the problem on the surface, the conceptual initiation of the cooperation forged by religious doctrine such as ta'awun may be considered.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47809726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury? 在立法草案中加入定义:必要还是奢侈?

Mazahib Pub Date : 2023-05-14 DOI: 10.21093/mj.v22i1.5298

Souad Ezzerouali, Yassine Chami

{"title":"Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury?","authors":"Souad Ezzerouali, Yassine Chami","doi":"10.21093/mj.v22i1.5298","DOIUrl":"https://doi.org/10.21093/mj.v22i1.5298","url":null,"abstract":"Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented. \u0000Keywords: legal drafting, definitions, improvement of law, legal security.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67826914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Constitutional Court Decision and Islamic Philanthropy Movements: Analysis of Zakat Organizations Legality in Samarinda 宪法法院判决与伊斯兰慈善运动:萨玛林达天课组织合法性分析

Mazahib Pub Date : 2023-05-10 DOI: 10.21093/mj.v22i1.5968

Bambang Iswanto, Miftah Faried Hadinatha

{"title":"The Constitutional Court Decision and Islamic Philanthropy Movements: Analysis of Zakat Organizations Legality in Samarinda","authors":"Bambang Iswanto, Miftah Faried Hadinatha","doi":"10.21093/mj.v22i1.5968","DOIUrl":"https://doi.org/10.21093/mj.v22i1.5968","url":null,"abstract":"As the capital of East Kalimantan province, Samarinda city government has adequate access to ensure the Legality of zakat management organizations in its jurisdiction. However, many community-based zakat agencies still carry out their activities without state license. Otherwise, the Constitutional Court Decision Number 86/ PUU-X/2012 obliges these zakat agencies to get the Ministry of Religious Affairs permit based on the National Amil Zakat Agency (BAZNAS) recommendation, in this case, the BAZNAS of Samarinda. This article focuses first on the legal implication of the Court’s decision which confirms the constitutionality of the zakat agencies' licensing requirement in Indonesian Zakat Law. Second, it probes the Samarinda community-based zakat agencies' stance on unlicensed activities and factors affecting their compliance with the Court's decision. Using socio-legal method, this article finds that the Court has established a norm that every zakat management organization must obtain the state's license as long as they operate within the jurisdiction of BAZNAS. Hence, it is considered illegal when community-based zakat agencies in Samarinda manage zakat unlicensed because every corner of the city is arguably within reach of BAZNAS Samarinda operation. Nevertheless, the Court's ruling is not observed by the society in Samarinda because they build their own social construction in implementing the Islamic teaching of zakat. Their stance is mainly influenced by religious motives instead of legal compliance, as well as the hereditary obedience to religious figures. Although many zakat agencies are not licensed, the society always feels benefited and facilitated by their work of collecting and distributing zakat in their region. \u0000Keywords: Amil zakat, legality, Constitutional Court, Samarinda","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49218191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Negotiating Muslim Interfaith Marriage in Indonesia: Integration and Conflict in Islamic Law 印尼穆斯林跨宗教婚姻谈判:伊斯兰法律的整合与冲突

Mazahib Pub Date : 2022-12-27 DOI: 10.21093/mj.v21i2.5436

Mohamad Abdun Nasir

{"title":"Negotiating Muslim Interfaith Marriage in Indonesia: Integration and Conflict in Islamic Law","authors":"Mohamad Abdun Nasir","doi":"10.21093/mj.v21i2.5436","DOIUrl":"https://doi.org/10.21093/mj.v21i2.5436","url":null,"abstract":"Conflict can emerge from marriage involving parties of a different faith. However, interfaith marriage may also expose negotiation to secure the union. Although interfaith marriage is normatively restricted in Islamic law, it does occur. This study departs from the normative discourse of Islamic law and the empirical research of Muslim family law. It uses the theory of law, conflict, and integration to analyse the textual debates and practice of interfaith marriage in Lombok, Indonesia. This study reveals the patterns of Muslim interreligious marriage and the conversion that applies. The first pattern shows that non-Muslim partners convert to Islam before the marriage can be concluded. The second pattern involves Muslims who leave Islam to marry their non-Muslim partner. The third pattern suggests that each couple adheres to a different belief during the marriage even though the marriage contract was performed according to Islamic law. From the perspective of Islamic law, in the sense of sharia and Muslim family code, the first pattern is the most ideal because it follows these Islamic legal normativities. Although all practices have the potential for family and social integration, the second pattern is the most susceptible to conflict. \u0000Keywords: interfaith marriage, conflict, integration, Islamic law","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46498369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Pursuing Legal Harmony: Indonesianization of Islamic Law Concept and Its Impact on National Law 追求法律和谐：伊斯兰法律观念的印尼化及其对国家法律的影响

Mazahib Pub Date : 2022-12-27 DOI: 10.21093/mj.v21i2.4800

Suud Sarim Karimullah

{"title":"Pursuing Legal Harmony: Indonesianization of Islamic Law Concept and Its Impact on National Law","authors":"Suud Sarim Karimullah","doi":"10.21093/mj.v21i2.4800","DOIUrl":"https://doi.org/10.21093/mj.v21i2.4800","url":null,"abstract":"This study responds to a polemic on Indonesia’s formalization of Islamic law, which is inseparable from the dynamics of political authority and the internal views of Muslims. It seeks to describe, explore, construct, and analyze the Indonesianization of Islamic law, as proposed by Kamsi, an Islamic law professor at Sunan Kalijaga State Islamic University of Yogyakarta, as one of the efforts to make Islamic law become the national law. The Indonesianization of Islamic law, namely by legislating or codifying Islamic law through the state system so that it is enforceable in Indonesia. This study is conceptual research using a legal philosophy approach to comprehend an Islamic legal thought from a sharia scholar using the content analysis method. The results of this study show that the concept of Indonesianisation of Islamic Law uses a modern knowledge system as the paradigm. This effort seeks to nationally legalize Islamic law through Indonesian legal instruments that can give birth to inclusiveness and tolerance coupled with pluralism with differentiation in unification. Its theoretical implication emphasizes a need for epistemological and axiological adjustments to realize the concept of Indonesianization of Islamic law. The idea should also apply nationally within the framework of Pancasila (the Indonesian state’s ideology) as a democratic country. \u0000Keywords: Kamsi, Indonesianization of Islamic Law, National Law.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48340812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Mohammed Arkoun’s Thought on Sharia Deconstruction: A Historical and Anthropological Approach 穆罕默德·阿库恩的伊斯兰教法解构思想:一个历史与人类学的视角

Mazahib Pub Date : 2022-12-27 DOI: 10.21093/mj.v21i2.5131

Makmun Syar'i

{"title":"Mohammed Arkoun’s Thought on Sharia Deconstruction: A Historical and Anthropological Approach","authors":"Makmun Syar'i","doi":"10.21093/mj.v21i2.5131","DOIUrl":"https://doi.org/10.21093/mj.v21i2.5131","url":null,"abstract":"This article explores Mohammad Arkoun’s thoughts on understanding Islamic Sharia in the modern world. Arkoun’s thought differs from previous Islamic thinkers in analyzing Islamic texts. Arkoun exceeded the limit of traditional Islamic studies by utilizing several elements from Modern Western philosophy, social sciences, and humanities. Arkoun took this effort to realize his ambition, which was the combination of valuable thoughts from Islamic notions and modern philosophy. In the philosophy of Islamic law, the combination in line with the particular theorem stated: “al-muhāfaẓah `alā al-qadīm al-ṣālih wa al-akhdzu `alā al-jadīd al-aṣlah” (literary means keeping good old traditions and adopting a new better ones). Islamic sharia should be related to historical context. According to Arkoun, the traditional and textual paradigm in understanding Islamic sharia leads people to misunderstand Quranic interpretation. People sanctify Islamic thoughts instead of understanding the substantial meaning behind the Quranic texts. Arkoun called this phenomenon “taqdīs al-Afkār ad dīniyyah” (sanctifying religious thoughts). This study finds that Arkoun’s thoughts are close to an anthropological and historical approach. The Quranic interpretation has to look at both universal and particular texts of the Quran by deconstructing the logic and discourse that underlay the emergence of these texts. \u0000 \u0000Keywords: Muhammad Arkoun, Quranic interpretation, sharia deconstruction, historical and anthropological approach.","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43167278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Politics and Islamic Laws in Indonesia (Case Study of Muslim Prayer Procedures During the Covid-19 Pandemic) 印尼的政治与伊斯兰法律(以新冠疫情期间穆斯林祈祷程序为例)

Mazahib Pub Date : 2022-12-27 DOI: 10.21093/mj.v21i2.5060

D. Salim

{"title":"Politics and Islamic Laws in Indonesia (Case Study of Muslim Prayer Procedures During the Covid-19 Pandemic)","authors":"D. Salim","doi":"10.21093/mj.v21i2.5060","DOIUrl":"https://doi.org/10.21093/mj.v21i2.5060","url":null,"abstract":"Scholars have analyzed the increasing implementation of Islamic laws in Indonesia after the 1998 reform. They have shown that traditional Islamic laws practiced in the past are being implemented again today, such as caning in Aceh, hijab for women in West Sumatra, and the obligation of Qur’anic literacy in South Sulawesi. Few scholars show otherwise about rational and accommodating laws in contemporary Islamic laws. By analyzing fatwas, circulars, and instructions issued by three prominent Islamic institutions in Indonesia regarding the procedures for praying during the Covid-19 pandemic, this article shows, as Jeremy Menchik (2014) pointed out, that Islamic laws are changeable and can be influenced by science and government and non-government institutions. The Muslim prayer procedures during the Covid-19 pandemic show that while Islamic authorities are still crucial in managing Muslim societies, their interpretation of Islamic laws is subject to change from time to time. The results of this study imply that Islamic institutions and government and non-government institutions can work together in managing contemporary Muslim societies utilizing progressive interpretations of sharia. \u0000Keywords: Politics, Islamic laws, Covid-19, Islam, Indonesia \u0000 ","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47947243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Political Reorientation of Indonesian Sharia Economic Law: Legal Politic of Trade Law on Sharia Multilevel Marketing 印尼伊斯兰教经济法的政治取向:伊斯兰教多层次营销下的贸易法法律政治

Mazahib Pub Date : 2022-12-27 DOI: 10.21093/mj.v21i2.4971

T. Hidayati, Masyithah Umar, Fathurrahman Azhari

引用次数: 1

The Use of Marijuana for Medical Purposes: Between Normativity and the Principle of Islamic Law perspective 大麻用于医疗目的：介于规范性和伊斯兰法原则之间

Mazahib Pub Date : 2022-12-27 DOI: 10.21093/mj.v21i2.4751

A. Arif, Andini Rachmawati, Imam Kamaluddin, Nurjihan Naifah

{"title":"The Use of Marijuana for Medical Purposes: Between Normativity and the Principle of Islamic Law perspective","authors":"A. Arif, Andini Rachmawati, Imam Kamaluddin, Nurjihan Naifah","doi":"10.21093/mj.v21i2.4751","DOIUrl":"https://doi.org/10.21093/mj.v21i2.4751","url":null,"abstract":"The limited availability of drugs for rare diseases makes some people use various ways to get treatment. One of them is using marijuana as medicine. In Islam, marijuana is not written directly in the texts, but it can be studied with Islamic legal principles in determining its ruling. Therefore, this paper aims to review the use of marijuana for medical needs from the point of view of the principle of Islamic law “al-ḥukmu yadûru ma’a al-'illah wujûdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent). This study is library research sourced from the Islamic Jurisprudence references, then analyzed by the inductive method. The research results indicate that marijuana as a treatment is relatively new, and Islamic jurisprudence does not explicitly explain its legal use. Moreover, its use for health services is prohibited in the Narcotics Law. Marijuana in Islam is known to have an intoxicating cause that makes it haram (prohibited). The principle of Islamic law, “al-ḥukmu yadûru ma’a al-'illah wujûdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent), serves as an excellent guide to know when a law applies and when it is suspended. If there is a cause (‘illah), then there is a law; if there is no cause (‘illah), there is no law. However, the reason (‘illah) with marijuana is a type of common cause (al-'illah al-muta’addiyah) where the branches of law (far’u al-ḥukm) follow the original law. Therefore, the use of medical marijuana is still illegal. Islam allows treatment with forbidden materials (haram) only in emergencies following the terms and conditions of emergency (dharuriyat) in Islam. \u0000 \u0000Keywords: Marijuana, Medical, the principle of Islamic law “al-ḥukmu yadūru ma’a al-'illah wujūdan wa’ adaman” (the law revolving around the cause for issuing it, whether it is present or absent)","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48280854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

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