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Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
Published by Institut Agama Islam Sunan Giri Ponorogo
ISSN : 26861607     EISSN : 26864819     DOI : https//doi.org/10.37680/almanhaj
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Jurnal ini dikelola oleh Fakultas Syariah INSURI Ponorogo dan terbit dua kali dalam satu tahun (Januari dan Juli) dengan E-ISSN 2686-4819 dan P-ISSN 2686-1607. Hadirnya jurnal Al-Manhaj guna mewadahi karya tulis ilmiah dari civitas akademika, peneliti, mahasiswa, dan praktisi di bidang hukum dan hukum Islam yang memiliki nilai baik dan rasionalitas tinggi. Ruang lingkup pembahasannya meliputi ilmu hukum, hukum perdata, hukum pidana, hukum tata negara, hukum bisnis, hukum administrasi negara, hukum Islam, ahwal syakhsiyah, muqaaranah al-mazaahib, jinayah, siyasah, muamalah, dan pranata sosial Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 3 No 2 (2021)" : 7 Documents clear
Relevansi Keputusan Dirjen Bimas Islam Nomor DJ.II/542 Tahun 2013 tentang Kursus Pranikah terhadap Keharmonisan Rumah Tangga di Kemenag Bandar Lampung Novalia, Sisca; Khairuddin, Khairuddin; Zuhraini, Zuhraini
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.806

Abstract

This study was made to analyze the implementation of the Decision of the Director General of Islamic Community Guidance Number DJ.II / 542 of 2013 concerning the Prenuptial Course at the Office of the Ministry of Religion in the City of Bandar Lampung and to determine the relevance of taking the Prenuptial Course to household harmony. This type of research uses Field Research, where researchers go directly to the field to obtain strong, objective and actual data. Researchers will go to the field to obtain authentic, accurate, detailed and in-depth data. The results of this study indicate that the implementation of the Decree of the Director General of Guidance for the Islamic Community Number DJ.II / 542 of 2013 concerning prenuptial courses is quite effective. couples to reduce disputes in the family, divorce and conflict, so that they become provisions for realizing a peaceful, prosperous, safe, peaceful family and truly creating a sakinah mawadah warahmah family. After fulfilling the existing procedures, the bride and groom get a foundation book for the sakinah family and a certificate. However, if viewed from the level of effectiveness there are still several weaknesses, including the lack of availability of funding to cover all training needs, the seriousness of the participants is not optimal, the lack of attendance and the level of activity of participants in taking pre-marital training courses, and the continuity of pre-marital course activities that have not been optimally scheduled.
Analisis Maslahat terhadap Pertimbangan Hakim dalam Memutus Perkara Sengketa Harta Waris yang dihibahkan Syarifah, Inayatul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.807

Abstract

The purpose of this study is to determine the basis for consideration of religious court judges and religious high judges in granting or rejecting applications for inheritance cases that have been granted. This type of research is library research (library research), descriptive research using qualitative methods. Whereas the power of attorney to compare M. Fadlil Hadi's power of attorney to Dr. M. Yaman, S.H., M.H. and Ramid, S.H. The date February 9 2018 is invalid. The limitation of presenting a grant as an illustration of a case regarding a lawsuit for inherited land disputes that has been granted in terms of the Maslahah Mursalahah, is to respect and fulfill a sense of justice for other war experts, even though the jurists do not. KHI is based on consideration of benefit (providing benefits) and avoiding harm.
Urgensi Perjanjian Perkawinan dalam Membentuk Keluarga Sakinah Perspektif Hukum Keluarga Islam Al-Ghifarry, Idrus; Ja'far, A. Kumedi; Faizal, Liky
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.825

Abstract

This research was made to analyze the urgency of the marriage agreement in marriage. To analyze the urgency of the marriage agreement in forming a sakinah family in the perspective of Islamic Family Law. This type of research is library research. This research is descriptive in nature, namely by using qualitative methods. The results of this study show that the urgency of the marriage agreement is that the marriage agreement has good benefits as a preventive measure in the event of a divorce because the marriage agreement will facilitate the distribution of assets. The urgency of the marriage agreement in forming a sakinah family in the perspective of Islamic family law, namely. First, to form a sakinah family, it is best if the prospective husband and wife make a marriage agreement which includes communication problems, personal and shared assets, biological needs (sex), economic problems, and appearance. Second, the marriage agreement includes a form of maslahah for married couples to achieve maqashid asy-syari'ah. Through a marriage agreement, what is the goal of the Shari'a, namely to achieve benefit can be realized or achieved.
Fleksibelitas Ibadah dan Muamalah Perspektif Fikih Pandemi Marnita, Marnita
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.904

Abstract

The purposes of this research are; First, to analyze the flexibility of Islamic law related to Pandemic situations that contagious in every single country in the World. So, the world has new diligence in Fiqh named Pandemic Fiqh. Second, as is Pandemic Fiqh we need to review Ulama, Government Policy, and the application in public. The research method that used is qualitative research, with descriptive-analytic methods with a Literature Study approach accompanied with observations of what was happened in a community environment. The example of Pandemic Fiqh’s diligence in pure worship and not pure in an emergency like pandemic situations caused Coronavirus Disease (Covid-19) that was experienced in Indonesia at this time. Indonesia’s Ulama issuing opinions and the Government made the regulations to break the chains of spreading the Covid-19. It has been proven that created varied opinions and views in the Indonesian Muslim community. So that one side raises the understanding of the policies. On the other side, they created different conflicts of perspectives and understandings. With Pandemic Fiqh, we can unite all of the perspectives and different applications in the Indonesian Muslim community.
Praktik Akad Nikah Bagi Mempelai Tunawicara dalam Perspektif Kompilasi Hukum Islam Baihaqi, Achmad; Abadi, Said
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.1171

Abstract

The author is interested in researching the practice of the marriage contract with the bride and groom who have limitations in pronouncing the contract (impaired), from practice in the field it is often the case that the marriage contract of the non-verbal bride is carried out by a representative but without a clear power of attorney, it is not entirely wrong. Because sometimes both parties believe that there will be no dispute in the appointment of representatives. The bride and groom base the implementation of their marriage contract on the encouragement of the community, clerics, customs, and indeed an agreement between the two parties. The approach method used in this paper is a juridical-normative approach in the study of fiqh. A juridical approach by examining legal rules and a normative approach in the study of fiqh is used in analyzing problems that occur in society. For provisions that require the granting of power in writing, basically it is not stipulated in the book of fiqh. In fact, fiqh explicitly stipulates that it can be in the form of words (عبارة) or in written form. There is nothing wrong with the provisions stipulated by the Compilation of Islamic Law, which are promulgated, following the rules of al-maslahah al-mursalah which have been explained or the concept in the book of Bughyah al-Mustarsyidn which says that government decrees which are not forbidden by the Shari'a must be obeyed physically and mentally. If it is against the Shari'a, such as obliging something that is haram, then it is enough to obey outwardly. In article 17 paragraph (3) of the KHI which reads "For the prospective bride and groom who suffers from speech impairment or deafness, consent can be stated in writing or signs that can be understood," so without a power of attorney there is nothing wrong or allowed. What is clear is that the marriage is still valid, the KUA does not require the speech-impaired bride and groom to make or show a power of attorney.
THE LAW OF TERROR ACCORDING TO THE QUR'AN SURAH AL-ANFAL, VERSE 60 (Responding to the Phenomenon of Terror in Indonesia) Zuhri, Ahmad
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.3076

Abstract

Understanding related to the values of jihad can be misunderstood, so that it can lead to the wrong context, which leads to an act of terrorism. The real impact can be witnessed through acts of terrorism that have occurred in Indonesia. The actions that took place had a negative impact on people's lives in Indonesia, which created a feeling of fear, anxiety, and worry. This research is included in the qualitative research category with the aim of analyzing the terror law based on Al-Anfal verse 60, which is associated with the terror phenomenon that occurred in Indonesia. The research method approach uses a literature study approach that comes from interpretations and related references. The results of the research show that the phenomenon of terror that occurs is caused by a misunderstanding in the context of the form of jihad and the values of martyrdom, which are often used as an excuse for carrying out acts of terror. So that terror and acts of terrorism are contrary to Islamic teachings. Although the terms "terror" and "terrorism" may not be explicitly mentioned, the values and principles contained in the Quran provide a basis for the conclusion that terror and terrorism are forbidden in Islam.
Perlindungan Hukum Terhadap Penerapan Asas Pari Passu Prorata Partij Terhadap Kreditor Konkuren Dalam Perspektif Hukum Acara Perdata Jayadi, Hendri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 3 No 2 (2021)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v3i2.3347

Abstract

The principle of pari passu prorata partij is applied in bankruptcy cases involving several creditors and debtors. This encourages a study of legal protection for the application of the pari passu prorata partij principle to concurrent creditors in the perspective of civil procedural law. The purpose of this study is to determine the extent to which the principle of pari passu prorata partij provides legal protection for concurrent creditors. The research method used is a qualitative type of literature study. The results of this study indicate that the principle of pari passu prorata partij provides a solution that the provision of repayment to creditors is given jointly without anyone taking precedence, especially concurrent creditors who do not have privileges in accordance with the provisions of the law. Debt repayments to creditors are also scaled according to their relative debt. According to Article 37 of Law no. 37 of 2004, if the debtor's assets are not sufficient to cover his debts, then the curator will make more efforts by filing an actio paulina case. It can be concluded that the principle of pari passu prorata partij can provide solutions and legal protection for bankruptcy problems involving both parties.

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