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Mazahib
Scopus
ISSN 1829-9067 · IAIN Samarinda · 64 articles in the index
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Journal Article
Restorative Justice in Settling Minor Criminal Disputes in Ponorogo, East Java: An Islamic Law Perspective
This article aims at examining the viability of a village court as an alternative settlement of minor criminal disputes in the district of Mlarak, Ponorogo, East Java. Among the cases resolved through restorative justice are petty theft, juvenile delinquencies, crimes against women and children…
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Journal Article
Legal Protection and the Problem of Accessibility for Diffable: A Comparative Study between Islamic Law and Indonesian Law
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…
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Journal Article
Politics, Local Governments, and Sharia By-Laws in Indonesia: Revisiting A Common Assumption
After the fall of Suharto regime, some local governments in Indonesia have adopted Shari’a by-laws. Several studies suggest that this adoption of Shari’a by-laws was influenced mostly by the political motives of the local elites. They used such by-laws as a strategy to gain political supports from…
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Journal Article
The Dispute Settlements of Inheritance in Palangka Raya: A Legal Anthropology Approach
The issue of inheritance distribution does not often lead to conflicts that must be resolved by means of litigation. In resolving conflicts that might arise, the community usually has set a separate rule to distribute inheritance. The people of Central Kalimantan, especially in the City of Palangka…
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Journal Article
The Difference of a Child (Walad) Concept in Islamic Inheritance Law and its Implications on The Decisions of the Religious Courts in Indonesia
This article is based on the fact that there is still the disparity of decisions among the Religious Court Judges on heirs, especially a child (walad), when handling the inheritance disputes. This is because there is a general provision of the meaning of walad contained in the Indonesian…
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Journal Article
Monopolizing Religious Blasphemy Law Interpretation in Indonesia: The Strategy of Lawfare and the Exercise of Power
The article explores the process of monopolizing Blasphemy law interpretation by several Islamist groups and its impact on the freedom of religion in Indonesia. Even though the result of blasphemy cases in the national context is predictable, the local context shows a different dynamic. This…
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Journal Article
Integrated Marriage Itsbat: Analyzing The Polemics Behind Its Implementation
The existence of the Integrated Marriage Itsbat in Jambi City has begun since 2015 but in 2018, it was no longer implemented. One of the reasons is because the number of participants was decreasing. However, the trial of Marriage Itsbat in the Religious Court was still held. This study tries to…
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Journal Article
The Development Strategy of Intellectual Property Rights and the Quest for Materials Copyrighted in Islamic Higher Education
Intellectual Property Rights becomes a serious discussion in some universities, especially in the Perguruan Tinggi Keagamaan Islam Negeri (PTKIN, State Islamic Higher Education system). The lack of copyrighted academic works in some PTKIN is the background why this article is published. This…
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Journal Article
Regulating Halal Products in Indonesia: Between Religious Needs and Socio-Economic Challenges
As the most populous Muslim country in the world, Indonesia needs to spend seven decades until finally enacted the Halal Product Assurance Law in 2014. There are mixed responses in welcoming this law. Many Muslims are incredibly pleased with this law, while others believe that this law would create…
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Journal Article
Legal Analysis on the Fatwa of Sharia National Council on Rahn: Between Legal Philosophy and Its Implementation in Indonesian Sharia Pawnshop
The function of Sharia Financial Institutions (SFI) is to provide the easiness for the needs of the community in sharia-compliant funding. One of them is Pegadaian Syariah (sharia pawnshop), which offers the pawning (rahn) contract as one of the sharia-compliant quick funding solutions. The…
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Journal Article
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
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…
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Journal Article
An Ambiguity of Constitutional Law Major at the Faculty of Sharia of Islamic Higher Education Institutions in Indonesia
This article examines the problem of majoring Constitutional Law at the Faculty of Sharia in Islamic Higher Education Institutions in Indonesia. There is an ambiguity of the essence of Constitutional Law at the Faculty of Sharia whose Siyasah (simply translated into Constitutional Law) as a major…
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Journal Article
Muslim Feminists` Reading of the Quran: A Juristic Analysis on Family Law Issues
Muslim feminist movement represents an indigenous voice among the contemporary literature on women and family. Its main contention is that women in Muslim society are accorded less favourable treatment especially in terms of legal rights. To remedy the situation, feminist scholarship`s main…
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Journal Article
Para-fiqh: Bridging Thematic Fiqh to Ushūl and Ushūl’s Response to Specialization of Fiqh
The latest trend regarding the study of contemporary thematic Islamic jurisprudence (fiqh) is built upon a paradigm that fiqh, as a science developed in the Islamic tradition, is able to respond to every modern challenge. This paradigm seems to be incompatible with the study of the Islamic legal…