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Nafi'ah
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INDONESIA
Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam
ISSN : 26861607     EISSN : 26864819     DOI : https//doi.org/10.37680/almanhaj
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 100 Documents
Search results for , issue "Vol. 5 No. 1 (2023)" : 100 Documents clear
Pemikiran Ibnu Taimiyah Tentang Talak Tiga (Kajian Kitab Al-Fatawa Al Qubro) Ayu, Diyan Putri; nafiah, Nafiah; Fathoni, Khoirul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2274

Abstract

This article aims to find out how Ibn Taimiyah thought about the triple divorce in one word contained in the book al-Fatawa al-Qubra, where this opinion differs from the opinion of several other madhhab scholars, and to find out the istinbath used by Ibn Taimiyah. about triple divorce in one word. This research method uses descriptive analysis method, where the author in this case tries to describe Ibn Taimiyah's opinion about triple talaq at once by using primary data sources, namely the book of al-Fatawa al-Kubra by Ibn Taimiyah. From these problems, it can be analyzed that Ibn Taymiyya argued that in dropping three divorces one time, the divorce law only fell one divorce. This opinion is stronger than the opinion of the Imam Madzhab scholars who say that three divorces are punishable by three divorces. Because Ibn Taimiyah's opinion is considered more authentic, the hadiths used are less mafsadah due to the divorce compared to the opinion of the Imam Madzhab scholars. Thus, the arguments used by Imam Madzhab scholars are considered weak by Ibn Taimiyah and his group, some are mujmal due to ambiguity. So according to Ibn Taimiyah, the arguments used by Imam Madzhab scholars are not appropriate to be used as reasons for the law of divorce in three words
Perbandingan Hukum Keluarga di Indonesia dan Aljazair Tentang Nafkah Sari, Septi Wulan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2276

Abstract

This study aims to compare family law in Indonesia and Algeria about living both in its similarities and differences, especially in the legal basis and its use. This research was made using library research which in its work by collecting book sources, journals, and internet sources. The results showed that the legal basis for living in Indonesia concerning the Rights and Obligations of husband and wife is regulated in Law No. 16 of 2019 concerning Marriage Articles 30 to 34, as well as in the Compilation of Islamic Law Chapter XII Pasa 77 to 84. Meanwhile, in the country of Algeria, it is regulated in the Family Law Code (Ordinance Marriage) Article 37. In Islamic law, the Algerian state is more dominantly inclined to the maliki school, se to the regulation of marriage and also the dominant living following the Maliki mahzab, in contrast to the Indonesian state the majority of the followers of the Shafi'i mahzab. The similarities between the two countries about living are seen in the rate of giving that does not look at social status. However, for the Algerian country, nafjah is only required to have primary materials, while in Indonesia it must be in the form of primary, tertiary, and secondary needs.
Identifikasi Pemberdayaan dan Sertifikasi Halal Pada UMKM oleh Lembaga Zakat di Bangkalan Madura Choiri, Muttaqin; Ma'adi, Alan Su'ud
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2289

Abstract

Indonesia Law Number 33 of 2014 concerning Halal Product Guarantee emphasizes that food, medicine, cosmetics and other products must be halal certified, which not only applies to products of large companies, but also targets MSME. Apart from going through a special self-declaration route for simple products for free, most MSMEs such as processed products from slaughter, pentol sellers, meatballs need to get service facilitation, which can be taken from social institution posts, such as zakat, infaq and shodaqaoh. Zakat management institutions are one of the institutions that collect, manage and distribute social religious funds, which are intended to improve economic levels, either consumptively or productively. With approximately 166,000 MSMEs in Bangkalan Regency, the participation of social religious institutions is needed to support the halal certification policy. This research used qualitative method, descriptive analytical with empirical approach. Data collection through interviews, observations and documentation studies at zakat management institutions in Bangkalan. The results showed that zakat management institutions in Bangkalan have not facilitated the halal certification process for MSME, apart from the fact that there has been no socialization from zakat institutions at the central level to play an active role in the program, also concerns about the h}add al-kifayah standard for mustahiq need to be emphasized so that the limits of zakat distribution for empowerment and acceleration of halal certification programs are right on target and right based on sharia provisions, it is necessary to identify the income of MSMEs so that the mustahiq category can still be accommodated.
Bentuk Host Control dan Perlindungan Hukum Bagi Penanaman Modal Asing Pasca Diterbitkannya UU Cipta Kerja di Indonesia Anwar, Azhar Rahadiyan
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2290

Abstract

Indonesia is believed as one of the top of Emerging Market In The World. it is believed that Indonesia could be big as BRIC (Brazil, Rusia, India, China) in term of Emerging Market and Developing Economies. Unfortunately in early 2020 spesifically March 2020, COVID-19 had emerge from china which made a big panic not only for Indonesia but The World. One of the negative impact that arise from this Pandemi COVID-19 is the economic depression including the foreign direct investment. The depression of foreign direct investment affect significantly to the economic growth of a country which include Indonesia. One of the Idea of Indonesia Government as the authorize power to keep this matters in check was to simplify regulation regarding the Foreign Investment which led to the issuance of Law no. 11 of 2020. In this research, the issue that will be discussed are the the importace of Indonesia Government to control Foreign Investment.
RETRACTION: Tanggung Jawab Instansi Pemerintah sebagai Subjek Hukum dalam Pengembalian Kerugian Negara Siagian, Lowrenszya; Erliyana, Anna
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2330

Abstract

This article was withdrawn due to indications of plagiarism. the author's statement about this is in the PDF statement
Analisis Hukum Penelantaran Tanah Girik dan Pembuatan Sertifikat Oleh Pihak Lain Serta Upaya Penyelesaian Sengketanya Gemilang, Kharisma
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2337

Abstract

This study aims to find out what factors cause the large number of Girik lands to be abandoned by their owners and can be certified by other parties, to find out the legal status of abandoned Girik lands when they have been certified by other parties, and to find out the efforts to resolve disputes over Girik lands which have been certified by other parties. other. For this reason, the research method used is a type of qualitative research using a descriptive analysis method which applies a literature study approach accompanied by observations of something that happens in society. There are many factors that have caused this neglected land to be certified by other parties, because it has been neglected, because land administration has been less orderly, because of legal uncertainty. Awareness for landowners to cultivate their land and legal certainty in matters of land is urgently needed.
Reconstruction of Ali Yafie's Thinking in the Field of Social Fiqh in the Development of Islamic Law (Critical Review) Amrin, Amrin; Suciyani, Suciyani; Nurrahmaniah, Nurrahmaniah
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2341

Abstract

This study aims to multiply Ali Yafie's thoughts on the development of Islamic law in Indonesia. This research uses qualitative research with a literature study approach. The data collection techniques use the library research, namely: trying to collect data from books or literature related to the researcher's discussion. The data analysis uses deductive analysis with interpretative. The results of the study show that Ali Yafie's thoughts in the field of social fiqh try to understand Islamic teachings, at least with several approaches, namely: Combining Text/nash with Reason, Blending Text with reality, and combining text with Maslahah makes fiqh more contextual and directs it more towards issues of a more social nature. in the dynamic development of Islamic law in Indonesia.
Authority of the Indonesian Doctors Association (IDI) in Providing Recommendations for Medical Practice Permits Gunawan, Rudi; Helvis, Helvis
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2343

Abstract

The law says that doctors and dentists have the right to perform medical actions because their jobs are unique. A doctor who does not obtain consent for legal medical action and/or performs medical practices that are not in accordance with professional standards violates human rights and health. Violations of the right to health are also violations of human rights. The goal of this study is to examine the authority of the Indonesian Doctors Association (IDI), a professional organization that provides recommendations for the issuance of licenses to practice for doctors practicing in Indonesia, and how it, along with the Indonesian Medical Council (KKI), contributes to the maintenance and promotion of the professionalism and ethics of its members (the medical profession). The approach used in this study is a normative legal approach that focuses on the results of positive legal research. As for the results of this study, cooperation between the professional organization of the Indonesian Doctors Association (IDI) and the Central Government and Regency/City Regional Governments for medical practice licensing services and supervisory boards is needed to maintain the professionalism of IDI as the only professional doctor organization in Indonesia.
Penyalahgunaan Akun pada Handphone Iphone Perspektif Ibnu Taimiyah (Studi pada Akun Jual Beli Online di Kota Medan) Munthe, Muhammad Royhan; Harahap, Abd. Rahman
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2355

Abstract

Collaboration with iPhone users is cooperation in the form of services in providing a visual display by providing photo and video services via iPhone mobile phones. To do this, the owner of an online buying and selling account must provide the password from his buying and selling account to the iPhone service and video owner. The purpose and focus of this research is to find out the law of cooperation on the iPhone in the Islamic perspective of Ibnu Taimiyah in the city of Medan. The methods used by the author are Library Research and Field Research with a normative-empirical approach. The results of this study are based on the perspective of Ibnu Taimiyah which is related to all kinds of business, namely to uphold justice in doing business. Therefore, cooperation in photo and video services for iPhones is very dangerous for personal data and in this collaboration there is no la dharar principle, namely the principle of not hurting each other.
Profit Sharing Akad of Sharia Venture Capital Companies Komarudin, Parman; Sodiki, Muhammad; Yanova, Muhammad Hendri; Hadi, Hendra; Yusuf, Mahmud
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2357

Abstract

This study aims to analyze the essence of profit sharing contracts for Islamic venture capital companies. This study uses a qualitative method which is a method that focuses on in-depth observation. Therefore, the use of qualitative methods in this study resulted in a more comprehensive review of profit-sharing contracts for Islamic venture capital companies. the type of research that the author uses is normative legal research. The nature of research in this writing is the nature of descriptive research. The approach used in this legal research is a statutory approach and a conceptual approach. The results of this study indicate that Islamic venture capital uses musyarakah and mudharabah akad in the profit-sharing scheme. Akad Musyarakah are used for companies that already have an ongoing business, but still need additional capital for business expansion purposes and akad mudharabah are used when a new business is established that has prospects for development.

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