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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 14 Documents
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Search results for , issue "Vol. 6 No. 2 (2024)" : 14 Documents clear
Freezing Of Single Woman's Egg Cells According To Sadd Al-Dzari'ah Analysis Arif, Achmad; Awalia, Fadhila Tianti Mudi; Lutfiah, Asti
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.5861

Abstract

Egg freezing is a form of artificial insemination method legally permitted in emergencies. Still, the current phenomenon is that many women use it to postpone marriage and postpone having children at a young age with the desire to have children in their old age. Therefore, the author is interested in studying and discussing egg freezing with sadd dzari'ah analysis. This discussion aims to discover how egg freezing is carried out in women and how to analyze sadd dzaro'i in women who use the egg-freezing method. This research uses normative research that examines document studies using secondary data from legislation and legal theory. This normative research uses qualitative analysis from books, journals, and relevant articles to collect data using literature study techniques to find research results based on the Al-Qur'an and Hadith. As a result of this research, the author examines that egg freezing is permitted with syar'i conditions. However, what happens when it is used is non-shar'i washilah, so the impact on the mafsadah is greater than the benefit. Thus, the author concludes that it is better to abandon egg freezing to prevent greater harm, such as mixing egg cells. So, preventing something is better than bringing about forgiveness.
Promoting Inclusivity and Multiculturalism: The Role of Muslim Scholars in Cape Town's Community Peacebuilding Mohammed, Tawffeek; Al-Sowaidi, Belqes; Muhammed, Lubwama
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.6051

Abstract

Religion plays a significant role in conflict prevention and peacebuilding, as demonstrated during the July 2021 riots in South Africa, when religious leaders actively contributed to reducing violence, particularly in KwaZulu-Natal. This study investigates the responses of Cape Town Muslim clerics and imams to the crisis through their sermons, focusing on their contributions to South Africa’s peacebuilding initiatives and the promotion of multiculturalism. Specifically, this study examines the Friday Nasiha (advice sermon) titled “Prayer Reflections on the Political Crisis of Our Country”, delivered by Imam Rashied Omer on Friday, 30 July 2021 (19 Dhul-Hijjah 1442) at the Claremont Main Road Mosque in Cape Town. Nasiha is analyzed within the framework of maqāṣid al-Sharīʿah (objectives of Islamic law) to evaluate its role in advancing peacebuilding efforts during the July 2021 unrest. Qualitative thematic analysis is used to explain how Islamic principles such as zakat (almsgiving) and ṣadaqah (charitable giving) address immediate socio-economic challenges and long-term structural justice. The findings underscore the role of religious leaders in times of conflict. The study concludes that Islamic teachings, when effectively applied in crisis situations, can significantly enhance peacebuilding efforts and support structural reforms in diverse societies.
Sulh (Resolution) of Family Dispute and its Application in The Shariah Courts of Malaysia Binti Che Adnan, Norfatin Najwa
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.6087

Abstract

The resolution of family disputes through Sulh in Malaysia's Shariah courts represents a pivotal area of research that promotes peaceful conflict resolution, preserves familial bonds, and aligns with Islamic teachings and legal principles. This study examines the effectiveness of Sulh as an alternative dispute resolution (ADR) mechanism, emphasizing its capacity to address family conflicts in a culturally sensitive manner. By analyzing data from the Shariah Judiciary Department of Malaysia, which reported a considerable number of successfully resolved Sulh cases in 2021, the research underscores its role in expediting resolutions and alleviating case backlogs in Shariah courts. While Sulh demonstrates notable successes, public confidence in it remains limited compared to traditional litigation methods. The study seeks to identify factors contributing to the success of Sulh, proposing strategies to enhance its accessibility, transparency, and fairness. By offering actionable insights for policymakers, legal practitioners, and court administrators, this research aims to strengthen the Shariah court system's capacity to deliver justice efficiently, foster amicable agreements, and reduce the burden of extended litigation. Furthermore, the findings provide a foundation for legislative and legal reforms, including the development of comprehensive laws, guidelines, and training programs tailored to Sulh procedures. Ultimately, this research aspires to elevate public awareness and acceptance of Sulh as an effective ADR mechanism within the Islamic legal framework, promoting its broader adoption and understanding among Malaysians.
Model of Swamp and Peat Area Protection Policy Based on Justice and Local Community Empowerment Wijoseno, Taufik; Yulianingrum, Aullia Vivi; Elviandri, Elviandri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 6 No. 2 (2024)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v6i2.6239

Abstract

Peatland management in Kutai Kartanegara faces major challenges, especially due to the expansion of the coal mining industry. Regional Regulation No. 1 of 2016 is designed to protect peat swamp ecosystems and support the welfare of local communities, but its effectiveness is questionable amid the rapid exploitation of natural resources. This study aims to evaluate the effectiveness of the 2016 Regional Regulation in maintaining ecological and social balance through normative juridical law analysis that includes related laws and John Rawls' distributive justice theory approach. The Normative Juridical Citation Method and data are collected from primary legal sources, including Law Number 26 of 2007 concerning Spatial Planning, Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining, as well as Kutai Kartanegara Regional Regulation Number 1 of 2016 itself and secondary legal sources in the form of relevant literature, such as books, journals, articles and internet sources as well as mass media, both print and online and allow data triangulation to be carried out. The study results show that weak supervision and the absence of strict sanctions for mining companies hinder the optimal implementation of the Regional Regulation, causing adverse impacts on the environment and community welfare. The analysis shows that these regulations are not entirely fair to local communities that are vulnerable to the negative impacts of the mining industry. This study recommends the revision of the Regional Regulation to add strict environmental sanctions provisions and strengthen community participation in peatland management to achieve ecological justice that is in line with regional economic development.

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